Andhra Pradesh Court August 2002 Judgments
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Food Corporation of India Workers Union Vs. Union of India (Uoi) and o ...
Court: Andhra Pradesh
Decided on: Aug-07-2002
Reported in: 2002(5)ALD698; [2002(95)FLR918]; (2002)IIILLJ1057AP
S.R. Nayak, J.1. These three writ appeals are directed against the orders of the learned single Judge, dated 6th June, 2000 and 19th June, 2000 in Writ Petition Nos.5625/1997, 9357/1999 and 14454/1999. Hence, all the three writ appeals were clubbed and heard together and they are being disposed of by this common judgment and order.2. In all the three writ petitions, what fell for consideration in substantial term was the validity of the notification issued by the Central Government bearing No.S.O.227 (E), dated 27-3-1991 by virtue of the power conferred upon it under Section 10 of the Contract Labour (Regulation and Abolition) Act (for short 'the Act') and whether that notification applies only to the Food Corporation of India (FCI) or also to Central Warehousing Corporation (CWC).3. The Government of India issued the notification No. S.O. 227 (E), dated 27-3-1991 under Section 10 of the Act prohibiting the employment of contract labour in godowns of FCI specified in the schedule annex...
Moora Chinna Narasimhulu Vs. Gedda Kadirappa and ors.
Court: Andhra Pradesh
Decided on: Aug-07-2002
Reported in: 2002(5)ALT720
ORDERG. Bikshapathy, J.1. This Revision is preferred against the orders passed by the learned Senior Civil Judge, Punganur in I.A.No. 126 of 2001 in A.S.No. 117 of 1999 refusing to receive the documents.2. The petitioner herein is one of the appellants in A.S.No. 117 of 1999. The respondent herein filed a suit seeking declaration and permanent injunction against the defendant. The said suit was decreed against which an appeal has been preferred by the defendant. During the appellate stage, the defendant died and his legal representatives were brought on record. The 4th appellant, one of the legal representatives, filed I.A.No. 126 of 2001 seeking permission to receive certain documents. The said application, filed under Order XLI Rule 27 C.P.C and it was dismissed by the lower appellate Court by an order dated 15-2-2002 against which the present revision has been filed.3. Learned counsel for the revision petitioner submits that the order of the Court below is wholly erroneous and contr...
K.R. Subrahmanyam and anr. Vs. A. Raja Reddy
Court: Andhra Pradesh
Decided on: Aug-07-2002
Reported in: 2002(5)ALT404
ORDERG. Bikshapathy, J.1. This revision petition is filed against the order passed by the learned Principal Junior Civil Judge, Tirupathi in O.S. No. 181 of 1997 dated 4-3-2001 admitting the document dated 29-10-1973 in evidence for collateral purposes.2. The petitioners are the defendants. The respondent filed a suit for permanent injunction in respect of the suit schedule property. However, during the course of evidence of the plaintiff, he tried to introduce the document dated 29-10-1973 which is styled as 'Bhoomi Vikrayaswadheenapatram'. An objection was taken by the defendants on the ground that it is a compulsorily registrable document and therefore the document cannot be admitted in evidence. The objection was overruled by the impugned order against which the present revision is filed.3. The learned counsel for the petitioners submitted that the order of the Court below is wholly erroneous inasmuch the relief itself is being claimed on the ground that there was a sale deed dated...
Andhra Pradesh State Co-operative Bank Limited Vs. Co-operative Tribun ...
Court: Andhra Pradesh
Decided on: Aug-06-2002
Reported in: 2002(5)ALD283; 2002(4)ALT580
ORDERGoda Raghuram, J.1. The A.P. State Co-operative Bank Limited - the petitioner, sanctioned a term loan of Rs. 36.75 lakhs and working capital loan of Rs. 15.31 lakhs comprising Rs. 9.34 lakhs under cash credit limit and Rs. 5.97 lakhs under Bills limit, to the 1st respondent on the acceptance by the 1st respondent of the terms and conditions stipulated in the agreement executed by respondents 2 to 4. The petitioner bank obtained security documents and personal guarantees of respondents 2 to 4. The term loan of Rs. 36.75 lakhs was repayable in ten half yearly equal instalments at the rate of Rs. 3,67,500/- starting from 8-10-1993 to 8-4-1998. The term loan carried an interest of 19% p.a., at half yearly rests and penal interest of 2% p.a., on over dues/ defaults. The validity of the working capital limit expired on 23-1-1996. As payments were not made by the loanee, the petitioner issued notice for repayment of the entire loan amount due. Despite repeated requests and notices by the...
T. Saraswathi Prasad Singh Vs. G.V. Kalavathy and ors.
Court: Andhra Pradesh
Decided on: Aug-06-2002
Reported in: 2002(5)ALD248; 2003(2)ALT39
Dalava Subrahmanyam, J.1. The appellant 5th respondent filed the appeal against the orders passed in EP No. 1 of 2001 dated 9-4-2002 in directing issue of warrant of delivery of possession of E.P. schedule property to the execution petitioner by evicting the judgment-debtors from the E.P schedule property and also for a direction to grant police aid for execution of the warrant.2. The brief facts leading to the filing of the appeal are as follows:3. The 1st respondent Smt. G.V. Kalavathi filed EP No. 1 of 2001 in CS No. 14 of 1958 under Section 146 and Order XXI, Rules 11 and 16 CPC praying to order delivery of possession of E.P. schedule properties to her by evicting the judgment-debtors from E.P schedule property and for police aid for execution of the warrant.4. CS No. 14 of 1958 was filed by one Dildarunnisa Begum and another for partition of mathruka properties including 14 mulgies as detailed in E.P schedule. The 1st respondent-petitioner purchased the E.P schedule premises under...
Udatha Adilakshmamma and anr. Vs. Mandal Revenue Officer and anr.
Court: Andhra Pradesh
Decided on: Aug-06-2002
Reported in: 2002(6)ALT77
ORDERB. Prakash Rao, J.1. The petitioners seek to challenge the notice dated 12-1-1991 of the 1st respondent calling upon them to pay certain amounts on the ground that in spite of cancellation of the assignment they are cultivating the lands in question.2. The case of the petitioners that they were assigned the lands long back in 1970 and since then they have been cultivating the lands. However, under the impugned orders they were asked to pay certain amounts. According to the petitioners no notice was issued nor served to them nor any orders of cancellation were passed.3. In the counter filed by the respondent it is stated that a show-cause notice dated 22-9-1990 was sent and the same was acknowledged by the petitioners on 28-9-1990, but no explanation was filed by them. Therefore it shall be treated as if the orders cancelling the assignment were served.4. The counter does not refer to any cancellation. Therefore the fact remains that even after the notice issued to the petitioner n...
N. Satyanarayana Raju Vs. Chekuri Gopalakrishnaraju
Court: Andhra Pradesh
Decided on: Aug-06-2002
Reported in: 2004(2)ALT117
P.S. Narayana, J.1. The unsuccessful plaintiff in O.S. No. 180/85 on the file of I Additional Subordinate Judge, Visakhapatnam is the appellant and the defendant is the respondent.2. For the purpose of convenience, the parties will be referred to as 'plaintiff' and 'defendant', as arrayed in the original suit.3. The plaintiff instituted the suit for recovery of amount. The allegations made in the plaint are as follows:The plaintiff and defendant are contractors as they were doing contracts under the Urban Development Authority. Their works are adjacent to each other. At the request of the defendant, the plaintiff advanced monies to the defendant from 1983 and a total sum of Rs. 3,35,150/- was given by the plaintiff to the defendant from time to time. The defendant was making part-payment. After striking the balance, a sum of Rs. 2,09,250/- was found due by 21 -3-1985 and the defendant gave a cheque for Rs. 79,250/- on 21-3-1985 and the same was realised from the Bank and again on 23-3-...
Sri Lalitha Devi Gas Agencies Vs. Hindustan Petroleum Corporation Ltd. ...
Court: Andhra Pradesh
Decided on: Aug-05-2002
Reported in: 2002(5)ALD389; 2002(5)ALT516
Ar. Lakshmanan, C.J. 1. By consent of both the parties, the writ appeal and the writ petition filed by the appellant, M/s. Sri Lalitha Devi Gas Services Ltd., represented by its proprietor, Vasundara Devi are taken up for final hearing.2. The matter was heard by this Court on an earlier occasion and was adjourned with a direction to post the writ petition also along with the writ appeal for a combined hearing. The writ appeal is directed against the order dated 1-4-2002 passed by learned single Judge of this Court in WPMP No. 7113/2002 refusing to grant stay of the impugned demand raised by the respondent-Corporation. Now that the writ petition itself is posted along with this writ appeal, there is no need to consider the claim made by the appellant in the writ appeal. The writ petition was filed by the petitioner for the following relief:'For the reasons mentioned in the accompanying affidavit, the petitioner herein pray that this Honourable Court may be pleased to issue a writ of man...
Sk. Yousuf and ors. Vs. Shaik Madhar Saheb
Court: Andhra Pradesh
Decided on: Aug-05-2002
Reported in: AIR2003AP44
ORDERGopala Krishna Tamada, J.1. This Civil Revision Petition is filed against the order of the Principal Junior Civil Judge, Khammam dated 15-4-2002 in LA. No. 1113 of 2001 in I.A. No. 1071 of 2001 in O.S. No. 382 of 2001 according police protection to the respondent-plaintiff to safeguard his peaceful possession and enjoyment of the suit schedule property.2. The respondent-plaintiff filed O.S. No. 382 of 2001 on the file of the Principal Junior Civil Judge, Khammam for perpetual injunction restraining the petitioners-defendants from interfering with his peaceful possession and enjoyment of the suit schedule property. In that suit, the respondent-plaintiff filed I.A. No. 264 of 2001 and obtained interim injunction against the petitioners-defendants. Aggrieved by the same, the petitioners-defendants preferred C.M.A. No. 21 of 2002 before the District Judge, Khammam. which is pending. Pending the suit, the respondent-plaintiff filed I.A. No. 1113 of 2001 seeking police protection allegi...
S. Shiva Raja Reddy and ors. Vs. S. Rahgu Raj Reddy and ors.
Court: Andhra Pradesh
Decided on: Aug-01-2002
Reported in: 2002(5)ALD181; 2002(4)ALT594
B. Sudershan Reddy, J.1. In this group of letters patent appeals a common question arises for our consideration. It is to the following effect.'Whether Section 100-A C.P.C is retrospective and no letters patent appeal will lie against a judgment of a single Judge passed in an appeal from an original decree or order and whether all such of those letters patent appeals filed prior to 1-7-2002 alone are saved?'2. We have heard the learned Counsel for the respective parties very elaborately on the above question. Having regard to the importance of the question, we have requested the learned senior Counsel Sri Chella Seetharamayya and Sarvasri K. V.Satyanarayana and VLNGK Murthy to assist the Court as Amiciis Curiae. SriJ.V.Suryanarayana, the learned senior Counsel and Sri Kodanda Ram Murthy, advocates intervened in the debate and having regard to the importance of the question that falls for our consideration, we have permitted them to intervene and heard their submissions.3. Since we prop...
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