Andhra Pradesh Court July 1995 Judgments
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N.V. Narasimhareddy and anr. Vs. Satpal Singh
Court: Andhra Pradesh
Decided on: Jul-11-1995
Reported in: 1995(2)ALT529
ORDERY.V. Narayana, J.1. This revision petition is filed by the plaintiffs in the suit O.S. No. 1392 of 1984 on the file of the III Addl. Judge, City Civil Court, Secunderabad against the order dated 4-11-1994 passed in LA. No. 2094 of 1994..2. The brief facts of the case are: The plaintiffs filed the suit for perpetual injunction claiming rights in respect of 250 sq. yards of site in S.Nos.203 and 204 in Lalaguda, Secunderabad. The defendant filed a suit O.S. No. 1612 of 1985 for declaration and possession of 500 sq. yards in S. No. 207/2 of Lalaguda. The contention of the defendant is that the suit land in this case is part and percel of S.No.203. Therefore he filed an application for appointment of a Commissioner (Vide I.A. No. 982 of 1992 in O.S. No. 1612 of 1985). He also filed LA. No. 743 of 1992 in this present suit to appoint the Dy. Director of Survey and Land Records, Hyderabad as Commissioner for local inspection. The Commissioner was appointed. The Commissioner filed his re...
S. Sayanna and anr. Vs. P. Sudersan
Court: Andhra Pradesh
Decided on: Jul-11-1995
Reported in: 1995(2)ALT512
ORDERY.V. Narayana, J.1. Assailing the order of the learned VII Asst. Judge, City Civil Court, Hyderabad dated 12-6-1995 made in I.A. No. 112 of 1995 in O.S. No. 2425 of 1994, the plaintiffs-petitioners filed the present revision.2. The facts of the case are: The plaintiffs originally filed I.A. No. 508 of 1994 seeking interim injunction against the respondent-defendant. Initially temporary injunction was granted which was made absolute subsequently. When the matter was carried to the appellate Court, the appellate Court confirmed the orders of the trial Court. Thus the plaintiffs were in possession and enjoyment of the suit property. The defendant started creating obstructions and trying to interfere with the possession of the plaintiffs, in spite of the injunction order. On 7-2-95 the defendant locked the premises of the plaintiffs. Then the plaintiffs went to the Police Station and lodged complaint. Knowing this the defendant removed the lock and ran away. Thus the defendant has dis...
His Holiness Sri Devendradoss Vs. Sri Sarjudoss and ors.
Court: Andhra Pradesh
Decided on: Jul-11-1995
Reported in: 1995(2)ALT600
G. Bikshapathy, J.1. This second appeal is filed against the judgment and decree in A.S. No. 172 of 1988, dated 25-9-1991 on the file of the Additional District Judge, Tirupathi, confirming the Judgment and decree passed in OS. No. 167 of 1979 dated 27-10-1988 on the file of the Principal Subordinate Judge, Tirupathi. The plaintiff is the appellant in the second appeal. For the sake of convenience, the parties herein have been referred to as they are arrayed in the suit.2. The plaintiff filed the suit seeking declaration that he is the Mathadipathi (Mahant) of Sri Hathiramji Mutt, Tirupathi and also for permanent injunction restraining the defendants from interfering with the administration of the Mutt by the plaintiff. As per the averments in the plaint, it is stated that the Hon'ble Supreme Court declared the plaintiff as Mahant of Swamy Hathiramji Mutt, Tirupati in its Judgment dated 6-11-1972 in C. A. No. 407 of 1971. Consequently he took over the charge of the administration of th...
M. Venkata Subbaiah Vs. K. Chanchu Obaiah and ors.
Court: Andhra Pradesh
Decided on: Jul-11-1995
Reported in: 1995(2)ALT771
ORDERY.V. Narayana, J.1. This petition is filed by the petitioner, who is not a party to the impugned order, to grant leave to prefer the C.R.P. against the order in I.No.47 of 1994 dated 13-9-1994 passed by the Subordinate Judge, Kovur.2. The brief facts of the case are as under: The respondents herein filed O.S. No. 530 of 1981 on the file of the District Munsif, Atmakur for specific performance of a contract of sale in respect of the suit schedule property in pursuance of the sale agreement dated 15-6-1973 said to have been executed by K. Pitchaiah. The suit was resisted by the defendants contending that the alleged agreement of sale was a forged one. An issue was also framed in that regard which was found in favour of the plaintiffs and the suit was decreed. Against that the defendants preferred appeal A.S. No. 4 of 1990 before the Subordinate Judge, Kovur. In that appeal the appellants 3 and 4 filed LA. No. 67 of 1994 under Order VI Rule 17 C.P.C. seeking amendment of the written ...
Manex-nu-foods, Rep. by It Proprietor, Sqd. Leader, Madala Somadeva Ra ...
Court: Andhra Pradesh
Decided on: Jul-11-1995
Reported in: 1995(2)ALT612
ORDERY.V. Narayana, J.1. The Civil Revision Petition is filed by the petitioners against the orders passed by the III Additional Judge, City Civil Court, Hyderabad, at Secunderabad, in I.A. No. 2180 of 1994 in O.S. No. 389 of 1993, dt.6-2-1995. The learned Additional Judge has rejected the request of the petitioners to direct the respondent to supply the copies of documents, on the ground that the petitioners have already taken three adjournments for filing the written statement and they have not denied the contention of the respondent that the petitioners got knowledge about the documents filed by the respondent-Bank and the 2nd petitioner had already taken one set of loan amounts executed by him.2. I have heard both the Counsel at length. Learned Counsel appearing for the petitioners contended that the lower Court ought not have dismissed the application to supply the copies of documents in the plaint, to the petitioners. He contended that the lower Court ought to have seen that ther...
Alapati Hymavati (Died) and ors. Vs. Namburi Basava Subrahmanyam and o ...
Court: Andhra Pradesh
Decided on: Jul-11-1995
Reported in: 1995(3)ALT922
V. Rajagopala Reddy, J.1. This L.P.A. arises out of the Judgmentand decree of the learned single Judge in A.S.No. 1654/80, confirming the judgment and decree passed by the trial Court in O.S.No. 35/78 on the file of the Subordinate Judge, Tenali.2. The 1st appellant is the plaintiff. She and wife of the 1st respondent Vimalavathy, are sisters and are the daughters one Seshamma. Seshamrna executed 2 documents Ex. B-1 and B-2 both dated 1-12-1958 by which she settled certain properties on the 1st appellant, Vimalavathy. The wife of the 1st respondent died on 4-5-1970 leaving the 1st respondent as her heir. Thereafter, Seshamma executed Ex. A-1 alleged will dt. 21-8-1970 revoking Ex. B-1 dated 1-12-1953 and bequeathing the properties covered by Ex. B-1 in favour of the 1st appellant/plaintiff. Seshamma died on 26-1-1976. The suit was filed for possession of some items of suit property on the basis that Ex. B-1 was a will and not a settlement deed and hence the revocation deed Ex. A-1 dt. ...
Shaw Wallace and Co. Ltd. Vs. Commercial Tax Officer, Market Street Ci ...
Court: Andhra Pradesh
Decided on: Jul-10-1995
Reported in: [1996]100STC270(AP)
Syed Shah Mohammed Quadri, J.1. Section 17-B of the A.P. General Sales Tax Act, 1957, provides thus : 'Provisional attachment of property to protect revenue in certain cases. - (1) Where, during the pendency of any proceeding for the assessment of any turnover or for the assessment or reassessment of any turnover which has escaped assessment, the assessing authority is of the opinion that for the purpose of protecting the interest of the revenue it is necessary do to do, he may with the previous approval of the Commissioner, by order in writing, attach provisionally in the prescribed manner any property belonging to the assessee. (2) Every such provisional attachment shall cease to have effect after the expiry of a period of six months from the date of the order made under sub-section (1) : Provided that the Commissioner may, for reasons to be recorded in writing, extend, the aforesaid by such further period or period as he thinks fit, so, however, that the total period of extension ...
The Government of Andhra Pradesh Rep. by Its Secretary, Panchayat Raj ...
Court: Andhra Pradesh
Decided on: Jul-10-1995
Reported in: 1995(3)ALT99
ORDERP.S. Mishra, C.J.1. After hearing learned Counsel for the parties we delivered the operative portion of the judgment in Court. Reasons for the order have been recorded by us in chambers and delivered in Court to-day which are as follows:The Constitution, of India which is envisaged as the Union of States, has provided for a Parliament and State Legislatures and elections on the basis of adult suffrage. Insertion of Part IX of the Constitution is extended to Gram Sabha, a body consisting of persons registered in the electoral rolls relating to the area of panchayat at the village level, to exercise such powers and perform such functions at the village level as the Legislature of State may by law provide. The provisions for constitution of Panchayats and composition thereof provide for the Chair Person of a panchayat and other members whether or not chosen by direct election from territorial constituencies in the Panchayat area. The Legislature of the State has enacted the Andhra Pr...
Smt. T. Narsing Rani Vs. Kishen Rao and Others
Court: Andhra Pradesh
Decided on: Jul-07-1995
Reported in: AIR1996AP33; 1995(2)ALT621
ORDER1. Petitioner seeks a direction to the 6th respondent -- the 1st Additional Judge, City Civil Court, Hyderabad to register the plaint O.S.S.R, No. 5477 of 1995 without insisting production of market value certificate from the registering authority for the purpose of payment of proper court-fee at the time of presenting the plaint.2. The petitioner raises an important question before this Court that as per Rule 3 of A. P. Court-fee and Suits Valuation Rules, 1987 (for short 'the Court-fee Rules'), insistence of market value certificate to be obtained from the local registering authority for the purpose of payment of proper court-fee at the time of presenting the suit in the Court, is causing lot of hardship to the parties who approach the Courts for obtaining necessary relief in time in the suits being filed by them.3. It is the case of the petitioner that she presented a suit before the 1st Additional Judge, City Civil Court, Hyderabad which is numbered as O.S. S.R. No. 5477/95. T...
Andhra Pradesh Power Diploma Engineer's Association Vs. Andhra Pradesh ...
Court: Andhra Pradesh
Decided on: Jul-07-1995
Reported in: 1995(3)ALT271; (1996)ILLJ1082AP
Lingaraja Rath, J.1. Questions of pervasive importance centering around entitlement of advocates to appear for Managements in industrial adjudication before Industrial Tribunals and Labour Courts, as officers of Association of employers or of Federation of Associations of employers, provided for in Section 36(2) of the Industrial Disputes Act, 1947, hereinafter referred to as 'the Act', are the issues slated for decision in this appeal. 2. Before we tackle the question urged, the factual background of the case necessitates brief elucidation. 3. An industrial dispute between the appellant and respondent No. 1 relating to the rate of allowances payable to the workmen for shift duty having been referred to the Industrial Tribunal, Hyderabad, registered as I.D. Case No. 44 of 1991 Mr. C.V. Mohan Reddy, an advocate of this Court filed vakalat along with an application for being permitted to appear for respondent No. 1. The application was rejected as the appellant did not consent to the app...
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