Court : Andhra Pradesh
Decided on : Jul-05-1999
Reported in : 1999(5)ALD1; 1999(4)ALT572
ORDER1. Heard the learned Counsel on both sides.2. This is a revision filed by the tenants questioning the orders of eviction passed against them by the two Courts below concurrently under the provisions of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (in short 'the Act').3. The respondent/landlord is an advocate practising in City Civil Court at Secunderabad. The suit premises is a non-residential building wherein the petitioners are carrying on wholesale business in textiles. The premises consists of two rooms, one on the ground floor and the other on the first floor, located in a busy commercial area known as Tobacco Bazaar in Secunderabad. The rent payable is Rs.400/- per month. The respondent/land-lord filed the eviction petition on the sole ground that he requires the suit premises for his personal use, that is, for the purpose of carrying on his profession. It is his case that presently he is running his office in a rented premises in R.P. Road, Secunderabad, ...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-02-1999
Reported in : 1999(6)ALD623; 1999(6)ALT406
ORDERM.S. Liberhan, CJ 1. In public interest litigation, office bearers of the Congress Party, a major opposition party in the Assembly, sought a writ of quo warranto or any other writ, order or direction for removal of the Chief Minister and his other Ministers, for having violated the constitutional mandate of Part IX-A of the Constitution by not holding elections to Nine Municipalities around Hyderabad within the stipulated period. Petitioners are Legislators and are concerned for governance of the State in consonance with the Constitutional mandate, consequently the writ. 2. Respondent No.1 was elected as the leader of the A.P. Legislative Assembly and was appointed as Chief Minister of Andhra Pradesh on 1-9-1995. Elections to the Legislative Assembly and the Parliament were notified on 11-7-1999 and the present writ petition was presented on 12-7-1999. The Chief Minister holds the constitutional office, performs the public duty and is a public servant. Violation of the constitutio...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-24-1999
Reported in : 2000(1)ALD585
1. This appeal is directed against the order passed by the Additional Senior Civil Judge, Narasaraopet, in IA No.788 of 1998 in OS No.98 of 1998 on 22-3-1999, whereby the application for temporary injunction has been dismissed.2. On 29-10-1998, the appellant filed a suit for permanent injunction against the respondents alleging that he is the owner in possession of Ac.22-76 cts. of land situated in village Agnigundala (for short 'the suit fields') and had raised cotton crop in about Ac.6-00 cts., maize and red gram crop in about Ac.8-00 cts. and tobacco in Ac. 1-00 cts. and had ploughed the remaining suit fields for seedling, but the respondents had started threatening him to dispossess, therefore, the respondents should be permanently restrained from disturbing his possession over the suit fields. He also filed an application for temporary injunction and ex parts temporary injunction was granted. The respondents filed IA No.874 of 1998 for vacating the ex parte temporary injunction al...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-19-1999
Reported in : 1999(5)ALD16; 1999(2)ALT(Cri)303; 2000CriLJ1005
1. This is an appeal against acquittal filed by the complainant in CC No. 100 of 1997 on the file of XVI Metropolitan Magistrate, Hyderabad, dated 23-3-1998. The parties will be referred to as complainant and accused.2. The complainant is a dealer in steel scrap for re-rolling, melting and M.S. Flats, angles, TOR Steel etc. He supplied the iron and steel items of various specifications as required by the accused and raised various bills. The accused paid a sum of Rs. 12,94,000/- as part-payment, the last payment of Rs.3 lakhs being on 14-12-1996. The accused was due to the complainant a sum of Rs.3,5i,875.25 ps. as on 15-12-1996. He issued a cheque bearing No.646517, dated 1-1-1997 for the said amount drawn on State Bank of Hyderabad, Kavadiguda Branch, Secunderabad. When it was presented in the bank it was returned dishonoured with an endorsement 'insufficient funds'. It was brought to the notice of the accused and at his request, the complainant represented the cheque once again in h...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-20-1999
Reported in : (2000)158CTR(AP)555; [1999]240ITR463(AP)
P. Venkatarama Reddi, J.Writ Petitions Nos. 14194 and 14195 of 1999 : 1. The petitioner questions the legality of two similar orders passed by the respondent on February 26, 1999, rejecting the declarations filed by the petitioner under the provisions of the Kar Vivad Samadhan Scheme (hereinafter referred to as 'the Scheme'), which was introduced by Chapter IV of the Finance Act (Finance (No. 2) Act of 1998), and seeks an order to direct the respondent to 'consider' the declarations filed by the petitioner under Section 88 of the said Act on January 30, 1999. Three reasons are given for rejection of the declarations :'1. There do not exist any arrears on March 31, 1998, as seen from the facts stated above. 2. The appeal said to be pending is on levy of interest, which has been waived. Hence, there is no dispute. 3. The arrear that is sought to be settled relates to the current demand raised on December 31, 1998, which is entirely different from the arrear demand.' 2. The declarations r...
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