Court : Andhra Pradesh
Decided on : Jun-22-1999
Reported in : 1999(4)ALD418; 1999(4)ALT564; II(1999)DMC728
ORDER1. This petition is directed against the order dismissing an application for condonation of the delay of 593 days in filing the application to set aside an ex parte decree of divorce. This is an unfortunate case, where there was estrangement between the husband and wife after they lived together for about 19 years after their marriage and they begot two children, who are now aged 24 and 25 years. The husband filed OP No.40/91 on the file of the senior Civil Judge, Gudiwada seeking divorce on the ground of cruelty on the part of the wife. The wife put in appearance by engaging an advocate, but as she failed to file a counter-affidavit despite grant of adjournments repeatedly, she was set ex parte on 20-11-1991 and an ex parte decree of divorce was passed on 4-3-1992. According to the wife she couid not file the counter in the main case as she fell down from the terrace and sustained serious spinal injury which necessitated her hospitalisation for a long time. According to her, she ...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-31-1999
Reported in : 2000(1)ALD739; 2000(1)ALT417
ORDERVaman Rao, J 1. This writ appeal is directed against the judgment of a learned single Judge dated 19-7-1999 in Writ Petition No. 12292 of 1999.2. The parties will be referred to as they were arrayed in the writ petition.3. The facts pertaining to the case fall under a narrow compass:The petitioner is a proprietor of M/s. White Horse Distilleries. He was granted D2 licence under Andhra Pradesh Distillery Rules, 1970 (for short 'Distillery Rules') on 25-7-1977 for manufacture of Indian Made Liquor. The petitioner had entered into a marketing tie up with M/s. Liquors India Limited for marketing its products. The petitioner also an approved rate contractor for supply of its products to the 2nd respondent (Andhra Pradesh Breweries Corporation Limited), which has a monopoly in the State of Andhra Pradesh. It is stated that though the petitioner has a marketing tie up with M/s. Liquors India Limited, the product of the petitioner was supplied directly by the petitioner to the 2nd respond...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-07-1999
Reported in : 2001ACJ1222; 1999(6)ALD439; 1999(6)ALT808
1. The Andhra Pradesh State Road Transport Corporation filed this appeal against the judgment and decree dated 24-10-1991 in OP No.53 of 1990 on the file of the Motor Accidents Claims Tribunal (District Judge), Guntur, granting an amount of Rs.75,600/- by way of compensation to the petitioners/respondents, who are dependents of the deceased Bum Ramu.2. The brief facts of the case arc that, on 30-12-1989 at about 9 a.m. while the deceased Burri Ramu and his friend were going on Luna AHK 2805 to Vijayawada, the driver of the RTC bus bearing No.AEZ 5368 drove the same in a rash and negligent manner with high speed coming from Vijayawada and dashed against the Luna of the deceased near Dolas Nagar on National High Way No.5 i.e., Guntur to Vijayawada road, due to which the deceased Burri Ramu sustained multiple injuries and died and his friend sustained injuries. The death of the deceased occurred on the spot. The SHO, Tadepalli P.S. registered a case in Cr.No.195 of 1989. It was stated in ...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-19-1999
Reported in : 1999(3)ALD114; 1999(2)ALT499
ORDERN.Y. Hanumanthappa, J 1. These two appeals arise out of the common order passed by the Principal Subordinate Judge, Visakhapatnam in OP Nos.306/92 and 291/92 dated 26-2-1996. Accordingly, these appeals are clubbed and disposed of by this common Judgment.2. These two appeals are filed by M/ s. Engineering Projects (India) Ltd, New Delhi aggrieved by the order in OP No.291/ /96, whereby the Subordinate Judge passed an order making the Award of the Arbitrator as 'Rule of the Court'. Whereas CMA No.662/96 is filed aggrieved by the order in OP No.306/92 dated 26-2-1996, whereby the Principal Subordinate Judge, Visakhapatnam refused to set-aside the Award of the Arbitrator.3. The appellant Engineering Projects (India) Ltd., a Public SectorUndertaking, hereinafter referred to as 'Company', entered into a contract with the Stale organisation of Buildings, Ministry of Housing of the Republic of Iraq for construction of building under the name and style of 'Council of Ministers Building' at...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-15-1999
Reported in : 1999(4)ALD226; 1999(4)ALT288
ORDERN.Y. Hanumanthappa, J.1. This review petition is filed aggrieved by the judgment passed in AS No.2923 of 1996 dated 30-12-1998.2. It is well settled that the review proceedings cannot be equated with the original hearing of the case or an appeal. The finality of the judgment delivered by the Court will not be reconsidered except where glaring omission or patent mistake or grave error has crept in the judgment rendered earlier. The interference of the Court is warranted only when there is error apparent on the face of the record which requires correction or modification failing which it causes grave injustice to the party. In a similar situation the Supreme Court in Northern India Caterers v. Lt. Governor, Delhi, : [1980]2SCR650 held as follows :'An error apparent on the face of the record exists if of two or more views canvassed on the point it is possible to hold that the controversy can be said to ambit of only one of them. If the view adopted by the Court in the original judgme...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-23-1999
Reported in : 1999(3)ALD337; 1999(3)ALT489
ORDERM.S. LIBERHAN, CJ. 1. These appeals will be disposed of by this common order as question of law and facts raised in these appeals on pam matcria facts are common.2. Skeletal facts to dispose of the appeals are taken from Writ Appeal No.449 of 1999. The appellant has entered into an agreement with his recognised labour unions agreeing to consider for appointment against 50% vacancies amongst casual labourers under the Court's order, village electricity workers and labourer supplied by the contractors, other than those employed in 33 abolished categories, on 5-3-1996 resulting in issuing guidelines on 18-5-1997 for filling of 50% existing vacancies as per the guidelines issued in B.P.M.S. No.36 dated 18-5-1997, which provided that the contract labourer other than those engaged in 33 abolished categories would be considered for selection and appointment against 50% of the existing vacancies. Consequently the petitioners were found to be eligible for consideration, in conformity with ...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-12-1999
Reported in : 1999(4)ALD24; 1999(2)ALT693
ORDERMotilal B. Naik, J. 1. The WritAppeal under clause 15 of the Letters Patent is filed assailing the order passed by the learned single Judge of this Court in Writ Petition No. 3362 of 1998 dated 31-07-1998.2. Appellant herein is the petitioner in the said Writ Petition No. 3362 of 1998 which was filed under Article 226 of the Constitution of India seeking a writ of mandamus declaring the action of the respondents in issuing notification inviting tenders only from the Public Sector Undertakings tor supply of antibiotics is violative of Articles 14 and 19(1)(g) of the Constitution of India and a further direction to the respondents to allow the petitionercompany and other companies to participate in the tenders for the supply of antibiotics to the respondents.3. For the sake of convenience, the parties are referred to as per their array in the Writ Petition No. 3362 of 1998.4. The factual matrix of the case of the petitioner-company is that it was incorporated as a private limited co...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-23-1999
Reported in : 2000(1)ALT9
A. Gopal Reddy, J.1. All these appeals arise out of a motor vehicle accident which occurred on 19-3-90 at Gadderegadi village at 2 p.m. Several persons were injured and several persons died due to the accident. Therefore the injured persons and the legal representatives of the deceased filed claim petitions before the Motor Accidents Claims Tribunal-cum District Judge, Adilabad under Section 166 of the Motor Vehicles Act, against the driver of the lorry, owner of the lorry and the Insurance Company with which lorry was insured. After enquiry, the Tribunal passed common award dt. 2-6-93 in OP Nos. 285/91, 287/91, 459/91, 289/91, 286/91 and some other OPs and Award dt. 9-7-93 in OP No. 190/92. Aggrieved by the awards, the Insurance Company (R-3) filed CMA No. 54/94 against OP No. 285/91 which was filed by the wife, sons and daughter of Guruvaiah. CMA No. 58/94 is filed against OP No. 190/92 which was filed by the petitioner for the injuries suffered by him. CMA No. 65/94 is filed against...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-15-1999
Reported in : 1999(2)ALD631; 1999(2)ALT704
ORDER1. In both these writ petitions initially the vires of clause 8 of G.O. Ms. No.166, Revenue (Excise-11) Department, dated 18-3-1998 where under 1st respondent advised the 2nd respondent, the Andhra Pradesh Beverages Corporation Limited (for short 'the Corporation') to procure A, B and C categories of liquor (hereinafter referred as 'cheap liquor) from the distilleries located within the State as sufficient production capacity for this liquor exists within the State to the total exclusion of distilleries located outside the State on various grounds.2. The brief and undisputed facts of this case are that the distilleries owned by Crag Martin Distilleries Private Limited, petitioner in WP No.7996/98 and Swan Distillers Private Limited, petitioner in WP No.8338/98 are located in Goa and they are involved in manufacturing of Indian liquors. The liquor that is being manufactured is being despatched for sale all over the country and in fact they participated in the tenders invited by the...
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