Court : Andhra Pradesh
Decided on : Jul-18-1986
Reported in : [1988]63CompCas405(AP)
Jeevan Reddy, J. 1. Two questions of law arise in this appeal, namely : Whether the expressions 'agriculture' and 'agriculturist' in their ordinary sense include 'horticulture' and 'horticulturist'? Whether section 21A of the Banking Regulation Act, 1949, which came into force with effect from June 21, 1984, applies to appeals pending on that date 2. Section 21A declares : 'Not withstanding anything contained in the usurious Loans Act, 1918, or any other law relating to indebtedness in force in any State, a transaction between a banking company and its debtor shall not be reopened by any court on the ground that the rate of interest charged by the banking company in respect of such transaction is excessive.' 3. Factual matrix : Defendants are the appellants. The respondent, State Bank of India, filed a suit for recovery of a sum of Rs. 2,35,927.86 with interest at the rate of 14% per annum on the said amount from the date of suit till realisation. The bank's claim, in short, is the fol...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-25-1986
Reported in : AIR1988AP45
ORDER1. The Petitioner-Firm, M/s Amarchand Sharma building contractor, seek to issue a writ of mandamus declaring the acceptance of the tender of the 4th respondent by the Chief Engineer, M.E.S., South Zone, Madras respondent 2 herein, as illegal and void; and in turn to accept the tender of the petitioner for the construction of residential accommodation for D.A.D. staff and allied services at Secunderabad notified in February, 1985. 2. The relevant format of the case in brief is that the petitioner firm, as averred in the affidavit, are registered-as 'A' Class contractors 'in Southern Command. Various works have been taken up and completed since the year 1940. The 2nd respondent had earlier accepted the tenders of the petitioner-Firm up to Rs.83 lakhs for a single work and it was completed without any complaint. That apart is about eight contracts running- into several lakhs were also taken up and completed satisfactorily right up to 1982-83. It is well equipped Firm with all the tec...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-01-1986
Reported in : AIR1987AP206
1. The petitioner is possessed of the house bearing No. 10-2-287/1 in A. C. Guards, Santhinagar, Hyderabad which respondent 3, Periaswamy purchased in two portions, A portion in the name of his wife and daughter (respondents 4 and 5) and B portion in his name, under two sale-deeds dated March 31, 1978 and July 15, 1979, respectively. It is the case of the petitioner that the cheques issued by Periaswamy as consideration for the sale of B portion house were bounced and thus received no consideration; thereby Periaswamy played fraud on her. On demand, Periaswamy surrendered possession of the B portion under Ex. A-4 affidavit dated September 4, 1980. The petitioner laid the suit, O. S. No. 1307/80 which was renumbered as O. S. No. 306/82 in the Court of the Addl. Chief Judge, City Civil Court, Hyderabad, to declare that the sale as invalid or for specific performance. He also filed I.A. 1492/80 against Periaswamy for ad interim injunction restraining him from interfering with her possessi...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-05-1986
Reported in : AIR1987AP53
Jeevan Reddy, J.1. Ever since 1963 when the Supreme Court rendered the decision in what has come to be popularly known as 'Balaji's Case' : AIR1963SC649 which is referred to as locus Classicus of learning on Backward Classes, volumes have been written on the question of reservation in educational institutions and services in favour of Backward Classes. High learning has flown into the views expressed by the Supreme Court in a number of judgments rendered subsequently on the subject. Even so, the problems arising in this regard still defy solution. It is unfortunate that developments over a quarter of a century have not given a quietus to this problem. It is well to refer to the following observations of Venkataramiah J., in K. C. Vasanthkumar v. State of Karnataka : AIR1985SC1495 'The questions involved in these cases are delicate ones and have, therefore, to be tackled with great caution. The issues raised here and the decision rendered on them are bound to have a great impact on soci...
Tag this Judgment!