Andhra Pradesh Court January 2004 Judgments
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J.S. Venkateswara Rao (Died) Per Lr Vs. Government of A.P. and anr.
Court: Andhra Pradesh
Decided on: Jan-06-2004
Reported in: 2004(1)ALD659; 2004(3)ALT60
Devinder Gupta, C.J. 1. The genesis giving rise to these cases is the report of the Director of Tribal Welfare submitted on the social status of one Sri J. Muralidhar son of Sri J.S. Venkateswararao Rao, a candidate said to have been selected for Group-I Services under limited recruitment quota meant for Scheduled Tribe candidates, who claimed to belong to 'Bartika' community, notified as a Scheduled Tribe community.2. The facts of the cases are so interwoven that arguments were heard jointly and we have felt that separate decision in each of the cases would be nothing but futile exercise of repeating all facts again and again. As such, we are deciding these cases by a common Judgment.3. Shri J. Muralidhar appeared for interview for Group-1 Services under Scheduled Tribe quota conducted by Andhra Pradesh Public Service Commission (APPSC), Hyderabad. The Secretary, APPSC in his letter-dated 10.11.1993 referred the cases of all candidates, who had claimed Scheduled Tribe status and appea...
Hyderabad Co-operative Trading Society Limited Vs. Authority Under A.P ...
Court: Andhra Pradesh
Decided on: Jan-06-2004
Reported in: 2004(1)ALD742; [2004(101)FLR357]
ORDERC.V. Ramulu, J.1. In these cases, a short but important question arises for consideration of this Court - whether, in the absence of any rule, filing of a separate petition for condoning the delay in filing the appeal under the Act and the Rules, is necessary ?2. The 2nd respondent-employees filed appeals before the 1st respondent-authority under the Andhra Pradesh Shops and Establishments Act, 1988 (for short 'the Act') against the orders of retrenchment from service passed by the petitioner herein. The said appeals were numbered as S.Es.38 and 39 of 1999 on the file of the 1st respondent. While so, the appeals were dismissed for default. The 2nd respondent filed I.A.Nos. 24 and 25 of 2002 with a request to restore the applications (appeals) and also to condone the delay in filing the said petitions to set aside the orders of default. The said applications were allowed on 14-5-2003 and the delay was condoned and the appeals were restored. Thereafter, the petitioner filed addition...
R. Dasharath Mohan Lal and ors. Vs. Commissioner, Mch and ors.
Court: Andhra Pradesh
Decided on: Jan-06-2004
Reported in: 2004(1)ALD870
ORDERL. Narasimha Reddy, J. 1. Late Rai Chander Mohan Lal, father of the petitioners herein, was the pattedar of Ac. 10-20 guntas of land in Sy.Nos. 58, 59 and 60 of old Yousufguda Village, Bapunagar, situated within the limits of Municipal Corporation of Hyderabad, the 1st respondent herein. According to the Town Survey, it is in Ward No. 7, Block 1. The 1st respondent published a notification in the Gazette dated 10-9-1987 under Section 3(1) of the A.P. Slum Improvement (Acquisition of Lands) Act 1956 (for short 'the Act'), declaring the said land as slum. This was followed by a notice calling upon the owner of the land to show-cause as to why it should not be acquired. The objections raised on behalf of the father of the petitioners did not appeal to the 1st respondent- Ultimately, a notification under Sub-section (2) of Section 3 of the Act was published in the Gazette dated 21-2-1988. Thereby the land in the said survey numbers admeasuring an extent of 49322 sq.yards stood vested ...
E. Ravinder Reddy Vs. D. Rama Krishnan and ors.
Court: Andhra Pradesh
Decided on: Jan-06-2004
Reported in: 2004(1)ALD749
ORDERL. Narashimha Reddy, J. 1.The petitioner challenges the order dated 3-12-2001 in ARC No. 384/2001 passed by the Divisional Co-operative Officer, Hyderabad West Division, the 3rd respondent, as confirmed by the Co-operative Appellate Tribunal through its order dated 31-8-2002 in CTA.No. 257/2001.2. The petitioner claims that he has been allotted Plot No. 83 by the Teachers Co-operatives Housing Society Limited, Secunderabad, the 2nd respondent, in pursuance of a resolution passed in the year 1995. The plot is said to have been transferred through a registered deed. The 1st respondent raised a dispute under Section 61 of the A.P. Co-operative Societies Act (for short 'the Act'), alleging that he was the original allottee of Plot No,83 and paid consideration therefor and that the then Secretary, who is the father-in-law of the petitioner herein, had illegally and unauthorisedly transferred the plot in favour of the petitioner. He challenged the action of the society in transferring t...
A.P. State Bandage and Gaze (Mfg) Association Vs. Inspector General Dr ...
Court: Andhra Pradesh
Decided on: Jan-06-2004
Reported in: 2004(2)ALD556
ORDERR. Subhash Reddy, J.1. As the common issues arise for consideration in all these writ petitions, they are heard together and disposed of by this common order.2. Writ Petition No. 5819 of 2001 is filed by the Andhra Pradesh State Bandage and Gaze (Mfg.) Association, represented by its Secretary, questioning the proceedings dated 17-1-2001 in Rc.No.1705/JD/Peshi/ 2001, issued by the Inspector General, Drugs Control Administration, informing the petitioner-Association that Bandage Cloth, Gauze Bandages or Roller Bandages are 'drugs' within the meaning of Section 3(b) of Drugs and Cosmetics Act, 1940; as such, manufacture of said items without obtaining licence is violation of Section 18(c) of Drugs and Cosmetics Act, 1940.3. Writ Petition No. 9476 of 2001 is also filed by the very same association, questioning the proceedings dated 17-1-2000 in Memo No. 29/2/2000/1485, issued by the Commissioner of Industries, Government of Andhra Pradesh, where instructions were issued to the Genera...
Murali Mohan Naidu and ors. Vs. Iskala Nadi Ramanna and anr.
Court: Andhra Pradesh
Decided on: Jan-06-2004
Reported in: AIR2004AP156; 2004(4)ALD853; 2004(3)ALT623; III(2004)BC573
P.S. Narayana, J.1. Sri Radha Krishna, learned counsel representing the appellants had raised the following substantial question of law :'Whether the question of limitation had been appreciated in proper perspective in accordance with law by the Courts below.'2. The learned counsel in all fairness submitted that except the above question, no other question need be gone into in the present second appeal.3. The learned counsel would maintain that the ingredients of Section 21 of the Limitation Act, 1963 had not been satisfied and findings in this regard had not been recorded in accordance with law and hence, the Courts below had totally erred in decreeing the suit filed by the first respondent/plaintiff. On the contrary, Sri Lakshminarayana Reddy, learned counsel representing the first respondent/plaintiff had pointed out that the suit was initially filed for recovery of amount on the basis of promissory note executed by one Yellappa, as against the first defendant Boya Pullamma who is a...
B. Narayana Rao Vs. M. Govinda Rajulu (D) by L.Rs. and ors.
Court: Andhra Pradesh
Decided on: Jan-06-2004
Reported in: AIR2004AP218; 2004(2)ALT294
Bilal Nazki, J.1. Heard learned counsel for appellants, nobody for respondents.2. We have gone through the record. The 1st appellant was defendant in O.S. No. 1233 of 1981 on the file of the IV Additional Judge, City Civil Court, Hyderabad. The suit was laid by the plaintiff for recovery of an amount of Rs. 14,480/- on the ground that the defendant in order to purchase a house, had obtained a loan of Rs. 14,480/- and had executed an agreement Ex. A-7 on 12-5-1977. In spite of his requests, the amount was not paid back. However, the liability of defendant was acknowledged by him in writing on 1-7-1978 through Ex. A-1.3. The suit was resisted by the defendant on various grounds. One of the grounds taken was that the suit was not filed on the basis of the original cause of action. It was claimed by the defendant that he had borrowed an amount of Rs. 8,000/- only from the plaintiff which he had also paid back. He contended that because of misrepresentation and fraud, he was made to sign Ex...
Kurapati Nageswara Gupta and anr. Etc. Vs. Madam Sekhar and anr.
Court: Andhra Pradesh
Decided on: Jan-06-2004
Reported in: 2004(1)ALD(Cri)183; IV(2004)BC518; [2005]123CompCas555(AP); 2004CriLJ1856
ORDERC.Y. Somayajulu, J. 1. Since both the petitions arise out of the same C.C. No. 125 of 2003 on the file of the Court of VII Additional Munsif Magistrate at Guntur, they are being disposed of by a common order.2. Crl. P.No. 4811 of 2003 is filed by A-2 and A-4 and Crl. P. No. 5100 of 2003 is filed by A-3 in the aforesaid C.C. No. 125 of 2003 to quash the proceedings against them on the ground that they are not liable for punishment under Section 138 of Negotiable Instruments Act (for short 'the Act').3. First respondent filed the aforesaid complaint under Section 138 of the Act alleging that the petitioners in these petitions and K.K. Raja Malleswara Rao (A-1) entered into an agreement to sell property measuring 325 square yards to him at the rate of Rs. 2750/- per sq. yd. and received Rs. 2,50,000/- as advance from him, but failed to register the land in his favour, but agreed to refund the amount received from him and accordingly A-1 on behalf of himself and the petitioners herein...
Jampala Sailu Vs. Commissioner, Endowments Department and ors.
Court: Andhra Pradesh
Decided on: Jan-05-2004
Reported in: AIR2004AP176
ORDERV.V.S. Rao, J.1. A short question as to interpretation of Rule 10 read with Rule 12 of A.P. Charitable and Hindu Religious Institutions and Endowments Immovable and Other Rights (other than Agricultural Lands) Leases and Licences Rules, 2003 arises for consideration in this writ petition.2. The petitioner is a barber. It appears, during Sankranthi festival a large number of devotees visit Sri Mallikarjunaswamy Devasthanam in Inavolu village and get the head tonsured. The petitioner claims to be one of the barbers attending to the same. In 1999-2000 it was decided to auction the right to collect the hair obtained by tonsuring the heads. The remuneration for barbers were fixed from out of the sale proceeds of tickets for tonsuring. The petitioner participated in the action and offered to pay Rs. 11,300/- (Rupees Eleven thousand three hundred only). Auction was conducted on 27-12-2000 when the petitioner became highest bidder quoting Rs. 40,200/- (Rupees forty thousand two hundred on...
D. Padmanabha Reddy (Died) Per L.Rs. Vs. Smt. G. Anasuya and ors.
Court: Andhra Pradesh
Decided on: Jan-05-2004
Reported in: 2004(2)ALT418
B.S.A. Swamy, J.1. The defendant in O.S.No. 207 of 1978 on the file of Principal Subordinate Judge, Tirupathi is the appellant herein. Aggrieved by the judgment and decree of the District Judge, Chittoor in A.S.No. 163 of 1991, dated 13-2-1996 decreeing the suit filed by the respondent herein for partition of the properties and allotting 1/6th share to the respondent by reversing the judgment of the Trial Court dismissing the suit, this second appeal has been preferred.2. G. Anasuya, the plaintiff, G. Padmanabha Reddy, the defendant No. 1 and Savithramma-defendant No. 3 are the children of one late Narasimha Reddy who is the husband of second defendant-Rajamma. That Narsimha Reddy died intestate seven years before filing of the suit i.e. in the year 1970. Thereafter, plaintiff got issued a legal notice-Ex.A-1 on 28-10-1977 claiming partition of the family properties and allotment of 1/8th share to her and that the defendant No. 1 sent a reply notice-Ex.A-3 dated 10-11 -1977 stating tha...
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