Andhra Pradesh Court October 1995 Judgments
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Tadepalli Parusuram Vs. Gopu Krishna Kumar and ors.
Court: Andhra Pradesh
Decided on: Oct-11-1995
Reported in: 1995(3)ALT654
ORDERRamesh Madhav Bapat, J.1. The present petition is filed by the petitioner-Ist defendant in O.S. No. 59/95 which is pending on the file of the First Addl. Subordinate Judge, Vijayawada.2. It appears from the record that the 1st respondent herein was the plaintiff. He had filed the above referred suit against the defendants for permanent injunction. In the said suit, he had also filed an interim application bearing LA. No. 746/95 with a prayer to grant ad-interim injunction. The learned Subordinate Judge, Vijayawada granted interim injunction order on the said application. Thereupon the petitioner herein i.e., D-l filed LA. No. 4228/95 with a request to issue a mandatory injunction against the plaintiff and also for vacating the interim order. Thereupon the petitioner-lst defendant also filed one more LA. No. 6010/95 to summon the plaintiff for cross-examination. The prayer of the 1st defendant appears to have been neither granted nor rejected, but the petitioner-1st defendant was d...
Neti Venkatanarayanamma and ors. Vs. Nune Ramanna
Court: Andhra Pradesh
Decided on: Oct-11-1995
Reported in: 1995(3)ALT572
ORDERMaithili Sharan, J.1. This is Judgment Debtors' revision petition against the impugned order dated 25-9-1992 in E.P. No. 8 of 1992 in O.S. No. 145 of 1989 on the file of the Subordinate Judge, Rajahmundry, over-ruling the objections raised by the Judgment Debtors.2. Briefly stated the facts of the case may be summarised thus: The respondent filed suit O.S. No. 145 of 1989 against the petitioners for the recovery of money on the basis of a mortgage of the suit schedule property i.e. house executed by the petitioners in his favour. The said mortgage suit was decreed and a final decree was passed on 23-8-91. Thereafter, the respondent filed the present Execution Petition for the decretal amount of Rs. 64,671-25ps. which includes interest, costs of the suit and E.P. costs, A counter-affidavit was filed by the petitioners-Judgment Debtors raising three objections, namely, (1) they had paid Rs. 10,000/- to the Advocate of the Decree Holder on 28-2-1991 and obtained a receipt from the Ad...
Edupalli Appalaswamy Vs. Allu Appalaswamy (Landlord) and ors.
Court: Andhra Pradesh
Decided on: Oct-11-1995
Reported in: 1995(3)ALT910
T.N.C. Rangarajan, J.1. These two writ appeals relate to the construction of Section 12(1) of the Andhra Pradesh (Andhra Area) Tenancy Act, 1956, for short the 'Act'.2. The factual back ground of the case is as follows:The tenant is the appellant in both the writ appeals. He had taken on lease an extent of Acs. 3-00 of land in Sy. Nos. l992/2 & 200/2 situatein Pulla Village, West Godavari District in the year 1966 from one D.V.M. Sitaramasomayajulu and he has also an extent of Ac. 7.00 or Ac. 8.00 of land of his own. On 22-1-1976 the 1st respondent-landlord had purchased the said Ac. 3-00 which was leased out to the tenant. Already he had an extent of Ac. 29.80 cents along with his three major sons. He filed T.A.No.4 of 1977 before the Tenancy Tahsildar, Eluru for eviction of the tenant for default in payment of rent, which was dismissed on 22-11-1978. Subsequently, there was a partition on25-6-1980 by which only this extent of land viz. Ac. 3.00 was allotted to his share. Thereafter, ...
P. Rajanna Vs. K. Lalitha Reddi Alias Chinnamma Devi and Another
Court: Andhra Pradesh
Decided on: Oct-10-1995
Reported in: AIR1996AP113; 1995(3)ALT789
ORDER1. All these matters are between the same parties and have been the offshoots of certain common decisions between them by the trial Court and the first appellate Court, filed under various provisions of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, hereinafter referred to as 'the Act'. Actually they are between one P. Rajanna said to be a tenant in the demised premises and the owner Smt. K. Lalitha Reddy and her husband K. Venkataraniana Reddy who appears to be managing the transactions of his wife in relation to the premises. The proceedings of the trial Court (Rent Con-troller-cum-District Munsif, Madanapalle) and the appellate Court (Sub-Judge, Madanapalle) which led to the present cases in this Court are tabulated as hereunder in Table-A.Sl. No.Case No.By whom, against whomand under What provision.Name of the CourtResult with date1.R. C. C. 12/83By Mr. P. Rajanna the tenant u/S. 8(5) of the Actagainst Smt, K. Lalitha Reddy the owner (landlord) and ...
Pabbathi Reddy Sudarshan Reddy Vs. Pabbathi Reddy Sashirekhamma
Court: Andhra Pradesh
Decided on: Oct-10-1995
Reported in: AIR1996AP300
ORDERLingaraja Rath, J.1. These two appeals arise out of the common judgment of the learned single Judge delivered in A.S. Nos. 1850 and 1851 of 1980 and, hence, are disposed of by this common judgment.2. The two suits out of which the appeals arise are -- O.S. No. 322 of 1975 and O.S. No. 60 of 1977. The first suit wasifiled by the appellants in L.P.A. No. 59 of 1988 i.e., Pabbathi Reddy Sudarshan Reddy, Pabbathi Reddy Sanjeeva Reddy and Pabbathi Reddy Narayana Reddy as the plaintiffs against the sole respondent -- Pabbathi Reddy Sashire-khamma as the sole defendant. The suit had been filed by them claiming themselves as the purchasers from one Shakuntalamma of the 5/6th share of the plaint 'B' schedule property. Since the claim to the property was based upon the allegation of adoption by Sashirekhamma of Shakuntalamma's first husband-Amrutha Reddy, Sashirekhamma filed second suit -- O.S. No. 60 of 1977 --against Pabbathi Reddy Sanjeeva Reddy as defendant No. 1, Pabbathi Reddy Narayan...
Pallepu Venkati Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Oct-10-1995
Reported in: 1996(1)ALD(Cri)427; 1996(1)ALT(Cri)248; 1996CriLJ1458
ORDER1. This Revision Case is filed against the Judgment in Crl. Appeal No. 7/94 on the file of Sessions Judge, Karimnagar confirming the Common Judgment passed by the Assistant Sessions Judge, Jagital in S.C. Nos. 300/92 and 51/93, convicting of the Revision-petitioner (A-3 in S.C. No. 51/93) along with five others u/S. 395 I.P.C. and awarding the sentence of R.I. for seven years and find of Rs. 500/- in default to suffer SI for two months. 2. The case of the prosecution was that the revision-petitioner (A-3 in S.C. No. 51/93) and others on 4-1-1992 at 10 p.m. entered into the rice mill belonging to PW-1. At that time PWs 5 and 6 were in the mill. The petitioner and others demanded PW-5 to give money. PW-5 told them that the money would be in the custody of PW-1 in his house. Then all the accused including the petitioner demanded PW-6 to open the almirah were they found cash of Rs. 1000/-. They also snatched away the wrist watch and others articles from PW-6 and along with PW-5, left ...
R. Venkateshwara Rao and Co. and anr. Vs. Smt. T. Usha Ravi and ors.
Court: Andhra Pradesh
Decided on: Oct-10-1995
Reported in: 1995(3)ALT490
Motilal B. Naik, J.1. These two Civil Miscellaneous Appeals are filed against the order passed in O.P. No. 593 of 1990 on the file of the Motor Accidents Claims Tribunal-cum District Judge, Visakhapatnam (for short 'the MACT').2. CM.A. No. 1385 of 1993 is filed by the claimants in O.P.No.593 of 1990; whereas C.M.A. No. 792 of 1993 is filed by the second and third respondents in O.P. No. 593 of 1990.3. The facts, in brief, are that the deceased Tangappan Ravi, an employee of Indian Navy stationed at Visakhapatnam, met with a motor accident on 4-8-1990 at about 6-30 p.m., near Punjabi Hotel, Sainagar, Visakhapatnam. It is stated that while he was going on his motor cycle, in the opposite direction, lorry bearing No. AHQ 5538 coming in high speed, dashed the motor cycle being driven by the deceased as a result of which the deceased sustained injuries and died on the spot. One Vasudevan Pradeep Kumar, P.W.8 and others shifted the deceased to the Government Hospital, Visakhapatnam, where he...
State of A.P. Rep. by Its Secretary, Revenue Department and ors. Vs. K ...
Court: Andhra Pradesh
Decided on: Oct-10-1995
Reported in: 1995(3)ALT513
1. The writ petitioners-respondents have been declared to be in illegal occupation of a Government land. Pursuant to the directions of the Land Grabbing Tribunal, the Collector solely on account of compassion offered to settle the land with them on payment of compensation. The writ petitionersrespondents have not chosen however to take the settlement/assignment on such payment and instead, even according to the learned Counsel for the writ petitioners-respondents, have been protesting against the heavy demand of compensation. Since however, they were/are in illegal occupation and they have also not accepted the offer, action has been taken to remove the encroachment. Learned Single Judge has however, chosen to interfere with the Governmental action. Hence the appeal.2. Heard. A person who is in illegal occupation of a property can have no excuse to continue the occupation without complying with the requirements of the settlement/assignment etc. Unless there is some invasion of a right ...
T. Yadagiri Vs. Smt. Bhagyawathi
Court: Andhra Pradesh
Decided on: Oct-10-1995
Reported in: 1995(3)ALT778
Motilal B. Naik, J.1. This appeal is filed against the dismissal of O.P. No. 1 of 1991 by the III Additional Judge, City Civil Court, Secunderabad filed under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') by the appellant herein seeking divorce on the ground of cruelty.2. Appellant herein is the husband and the respondent herein is the wife. Their marriage took place at Hyderabad on 13-5-1989. At the time of marriage, the appellant was working as Instructor in a Central Government Organisation and was living with his brother T. Rajaiah and his family in a rented house. It was the case of the appellant before the lower Court that immediately after their marriage, the respondent joined his society. Though there were no problems for some time, but later on, she took up quarrels with the appellant, his elder brother and his wife. This led to anarchy in the household affairs. The respondent became pregnant. On 19-1-1990 the respondent was advised b...
Auric Engineering Private Limited Vs. Commissioner of Commercial Taxes ...
Court: Andhra Pradesh
Decided on: Oct-09-1995
Reported in: 1995(3)ALT640; [1996]101STC270(AP)
P. Vbnkmarama Reddi, J. 1. This appeal under section 23(1) of the Andhra Pradesh General Sales Tax Act, 1957 (for short, 'the Act'), arises out of the order passed by the Commissioner of Commercial Taxes exercising suo motu revisional powers under section 20(1) of the Act. In respect of the assessment year 1982-83, the appellant was assessed to tax on a net turnover of Rs. 34,86,710 relating to the first sales of general engineering goods, capacitors and laminations used in electrical fans, which were covered by declarations in form 'G1' issued under section 5-B of the Act read with rule 30-A of the Andhra Pradesh General Sales Tax Rules. It is not in dispute that these goods were sold to the manufacturers of electrical fans, who in turn utilised them as components. The turnover was subjected to tax by the assessing authority at the rate of 4 per cent. The assessing authority did not levy additional tax or surcharge in respect of that particular turnover. The Commissioner of Commercial...
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