Andhra Pradesh Court April 2003 Judgments
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State of A.P. and ors. Vs. V. Narender Reddy and ors.
Court: Andhra Pradesh
Decided on: Apr-04-2003
Reported in: 2003(4)ALD345; 2003(5)ALT51
Bilal Nazki, J.1. The plaintiffs were the highest bidders in the auction conducted for sale of arrack for the groups of Miryalaguda, Kodad and Huzurnagar of Nalgonda district for the Excise year 1990-91. The Excise year starts from 1st October and ends by 30th of September each year. In terms of the agreement between the parties a minimum guaranteed quota was fixed and that had to be lifted by the contractors (plaintiffs). Rentals had to be paid within stipulated period. For the sale of arrack in these three areas 300 shops had to be set up by the contractors. The plaintiffs had to deposit earnest money, container deposit, minimum guarantee quota deposit, one month's advance rentals in cash and one month's rentals by furnishing bank guarantee. The Minimum guarantee quota had to be lifted by depositing issue price within stipulated period. The plaintiffs on the other hand were entitled to conduct business of selling arrack in a fair and free manner. According to the plaintiffs, it was t...
A. Indira Vs. Special Deputy Collector, (Land Acquisition) and anr.
Court: Andhra Pradesh
Decided on: Apr-04-2003
Reported in: 2003(4)ALD586; 2003(4)ALT400
ORDERV.V.S. Rao, J.1. The petitioner is aggrieved by the notification dated 18-12-1992 issued under Section 4(1) of the Land Acquisition Act, 1894 ('the Act') and seeks a writ of mandamus declaring the said notification and another notice dated 12-3-1998 issued under Section 12(2) of the Act informing her that award has been passed for the land acquired, is illegal and invalid.2. At the outset, be it noted that challenging the award dated 12-3-1998, some of the aggrieved land owners earlier filed writ petitions in 1993. Those writ petitions were dismissed on 30-6-1994 (except W.P. No. 6653 of 1993, which was dismissed 25-3-1996. After conducting award enquiry, the first respondent passed award on 12-3-1998. Again those persons who had earlier filed the above mentioned writ petitions filed writ petitions being W.P. Nos. 17076, 17077, 17078, 17108, 17109 and 17110 of 2000 challenging the award on the ground that the same is illegal as it was not passed within a period of two years from t...
G. Subramanyam Naidu Vs. Commissioner of Endowments and ors.
Court: Andhra Pradesh
Decided on: Apr-04-2003
Reported in: 2003(4)ALD578; 2003(5)ALT157
ORDERV.V.S. Rao, J. 1. The instant writ petition is filed questioning a notice dated 6-9-1993 issued by the Commissioner of Endowments, the first respondent herein, under Section 80(1)(b) of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Act 30 of 1987, hereafter called 'the Endowment Act'). The writ petition came to be filed in the background of facts narrated hereunder. 2. Sri Sadasiveswara Swamy Temple Trust, Puttur in Chittoor District owns agricultural wet lands admeasuring Acs.3.79 cents (an extent of Acs.3.20 cents in Sy.No. 247/4; Ac.0.48 cents in Sy.No. 247/6 and Ac.0.11 cents in Sy.No. 248/2) situated at Govindapalem in Puttur. One Krishnama Naidu, allegedly permanent trustee who used to administer the trust property leased out the lands to the petitioner along with a irrigation well and electric motor. Such lease was allegedly given on 30-6-1993 initially for a period of one year for the purpose of cultivation on an annual rent of Rs. 2,500/- ...
Nannapaneni Venkata Rao Co-operative Sugars Limited Vs. State Bank of ...
Court: Andhra Pradesh
Decided on: Apr-04-2003
Reported in: 2003(6)ALD307; 2003(6)ALT199; II(2004)BC512; [2004]118CompCas707(AP); [2004]51SCL754(AP)
G. Bikshapathy, J. 1. This appeal is directed against the judgment and decree of the learned Principal Subordinate Judge, Tenali in OS No. 127 of 1990, dated 26-7-1996. 2. Appellant is the Plaintiff. Plaintiff filed a suit against the Defendant-Bank for recovery of a sum of Rs. 2,64,163-47 with interest @ 12% from 10-7-1987 till the date of filing of the suit. 3. As per the averments in the plaint, the Plaintiff is the Co-operative Society established under the provisions of the Cooperative Societies Act for the economic empowerment of its members by encouraging them to attain high yielding in the sugar cane production. The Plaintiff Society established a factory for manufacture of sugar, jaggery and other bye-products. It has resolved to issue shares mainly to the farmers for its capital requirement for expansion of the sugar factory. As most of the prospective share buyers are the agriculturists, who are to produce the sugarcane and supply the same to the factory and since they are n...
District Selection Committee and ors. Vs. M. Venugopal and ors.
Court: Andhra Pradesh
Decided on: Apr-04-2003
Reported in: 2003(5)ALD512
G. Yethirajulu, J. 1. This writ of certiorari is filed by the respondents in O.A. No. 1508 of 1998 on the file of the A.P. Administrative Tribunal, Hyderabad ('the Tribunal' for brevity) being aggrieved by the judgment of the tribunal dated 3-7-1998 praying to call for the records and to quash the judgment of the Tribunal as illegal, arbitrary and against the provisions of the A.P. Subordinate Service Rules and consequentially to set aside the same.2. The respondents herein are the petitioners in O.A. No. 1508 of 1998.3. In the affidavit filed in support of the writ petition it was mentioned that the 2nd petitioner issued a press notification on 15-3-1998 calling for the applications from candidates eligible for recruitment of School Assistants, Secondary Grade Teachers, Language Pundits etc., in Zilla Parishad and Mandal Parishad Schools in the State (District Selection Committee (DSC) -1998). The last date for receipt of applications was 31-3-1998. Each district is the Unit for the p...
K. Ramachandra Rao Vs. Ranks Cables Ltd. (In Liquidation)
Court: Andhra Pradesh
Decided on: Apr-04-2003
Reported in: 2003(3)ALT573; [2004]118CompCas122(AP); [2004]50SCL273(AP)
T. Ch. Surya Rao, J.1. This application is filed under Rule 9 of the Companies (Court) Rules, 1959, by the applicant seeking a direction to the official liquidator attached to this court to clear the statutory dues like the property tax, electricity consumption charges arrears and building maintenance charges pertaining to lot No. 3 of the assets of the company in liquidation.2. The applicant is a third party auction purchaser. Pursuant to the terms and conditions set forth inter alia in the auction notice, he participated in the auction and became the highest bidder. Thereafter the bid was knocked down in his favour and after paying the sale consideration, a sale deed was executed in his favour by the official liquidator and the property was also delivered. It so transpired subsequently that there appears to be some property tax arrears, building maintenance charges besides electricity consumption charges. When there has been a demand for payment of the property tax, the electricity c...
G.M. Rao Vs. Union of India (Uoi) and ors.
Court: Andhra Pradesh
Decided on: Apr-04-2003
Reported in: 2003(1)ALD(Cri)886; 2003(3)ALT407; 2003CriLJ4028
Bilal Nazki, J.1. The petitioner filed this writ petition challenging the order of punishment awarded to him by Summary Court-Martial. He was reduced in rank from Naik (DS) to Sepoy (DS). According to the petitioner, he was 'enrolled in the Indian Army in the month of April, 1981 in the Corps of Air Defence as a driver and he rose to; the rank of Naik (Driver). The petitioner was driving a motor vehicle TATA 1210 SD make from Balasore, Orissa to Hyderabad, Andhra Pradesh on 10-9-1998. At about 1930 hours the petitioner crossed Hayathnagar market area and was approaching L.B. Nagar when his vehicle had been stopped by certain scooter riders who alleged, that he had hit a cyclist on the road who was injured. Meanwhile the police from PS Hayatnagar came who took the Vehicle into their custody. The petitioner and his co-driver Sarvan Kumar were taken to police station. Thereafter the person who was allegedly injured in the accident died. The petitioner along with his co-driver Sarvan Kumar...
United India Insurance Co. Ltd. Vs. Sudini Indira and ors.
Court: Andhra Pradesh
Decided on: Apr-04-2003
Reported in: I(2005)ACC448
P.S. Narayana, J.1. The substantial question of law raised in the present civil miscellaneous appeal preferred by the opposite party No. 2, United India Insurance Co. Ltd., represented by its Regional Manager, Regional Office, Basheerbagh, Hyderabad, against the order made in W.C. No. 22 of 2001 is, whether the Commissioner for Workmen's Compensation is justified in awarding compensation though the admitted facts go to show that the death of the workman was not arising out of employment though it may be in the course of employment.2. The respondent-claimants filed the CM.P. No. 5334 of 2003 to vacate the interim order dated 18.2.2003 made by this Court in C.M.P. No. 3810 of 2003. At the request of both the Counsel, the main civil miscellaneous appeal itself is taken up for final disposal at this stage.3. The facts in brief are that one S. Manipal Reddy, resident of Cherukupally village, Diddi Mandal, Nalgonda District worked as a truck driver under opposite party No. 1 in W.C. No. 22 o...
Kalinga Kanna @ Kali Konna Vs. Gollapalli Appalaswamy and ors.
Court: Andhra Pradesh
Decided on: Apr-03-2003
Reported in: 2003(5)ALT534
P.S. Narayana, J.1. The unsuccessful plaintiff, aggrieved by the reversing Judgment and decree had preferred the present Second Appeal, raising the following substantial questions of law:(1) Whether the boundary recitals in Ex.B-7 to which the plaintiff is not a party are relevant and admissible under any of the provisions of the Indian Evidence Act?(2) Whether Kailash Chandra Padhi continues to be a co-sharer even after partition so as to make a boundary recital relevant as an admission under Section 18 of the Indian Evidence Act?(3) Whether the evidence of P.W.2 can be relied upon in part and discarded in part?2. The suit O.S.No. 37/80 on the file of District Munsif, Palasa is one for the relief of permanent injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the plaint schedule property and for costs of the suit. The 1st plaintiff died and the 2nd plaintiff is prosecuting the litigation. It is a case where the ownership is not in disp...
Ali Imran Vs. Regional Passport Officer
Court: Andhra Pradesh
Decided on: Apr-01-2003
Reported in: 2003(3)ALD625; 2003(4)ALT474
ORDERV.V.S. Rao, J. 1. The petitioner obtained a passport bearing No. A7376656 dated 10-3-1999. In the passport, his date of birth was recorded as 28-7-1972. The petitioner again approached the respondent, namely, Regional Passport Officer, Secunderabad requesting to correct the date of birth as 28-7-1975. He placed reliance on the birth certificate issued under Sections 12 and 17 of the Registration of Births and Deaths Act, 1969. Alleging that the respondents refused to receive the application for amendment/ correction of date of birth, the petitioner filed the instant writ petition seeking a direction to the respondent to receive the application and make corrections. Reliance is placed on the Circular dated 18-4-2001 issued by the Government of India in the Ministry of External Affairs.2. The Circular dated 18-4-2001 relied on was issued pursuant to a judgment of the High Court of Judicature at Bombay in Civil Writ Petition No. 1072 of 2000. The clarifications/instructions issued ar...
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