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Andhra Pradesh Court April 2000 Judgments

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Apr 17 2000

S.B. Vijaya Vs. Lakshminarayana, Station House Officer, Saroornagar Po ...

Court: Andhra Pradesh

Decided on: Apr-17-2000

Reported in: 2001(1)ALD520; 2000(3)ALT108

ORDERB. Subhashan Reddy, J.1. Wehave heard either side.2. Learned Additional Advocate-General has produced before us FIR No.204 of 2000 of Saroornagar Police Station of Range Reddy District. According to the said FIR the petitioner's husband, namely, B. Lakshmikanth has committed an offence punishable under Section 354 of the Indian Penal Code. Truth or otherwise of this accusation has to be adjudicated by the competent criminal Court. But the fact remains that he has been produced before the Court of Additional Judidical First Class Magistrate, East and North at Kothapet, Ranga Reddy district, and has been remanded to judicial custody till 29-4-2000. 3. The petitioner is present before this Court and is in advanced stage of pregnancy. She has got two children, who are also present in the Court. On enquiry, it is stated that there is nobody for her to look after. As there is imminent necessity of medical attention to her and as there are no elder members to look after her immediate med...


Apr 17 2000

Mangalagirikhaja Mian (Died) and Others Vs. Chand Bee and Others

Court: Andhra Pradesh

Decided on: Apr-17-2000

Reported in: 2000(3)ALD498; 2000(3)ALT200

1. This appeal has been preferred against the final decree dated 7-6-1995 passed in IANo.182 of 1983 and 183 of 1983 in the suit OS No.96 of 1978 on the file of the III Additional Judge, City Civil Court, Secunderabad. 2. Appellants I to 6 are the defendants in the suit. The 6th defendant although died on 30-4-1984 was shown in the array of the appellants. Appellants 7 to 15 are the legal representatives of the deceased second appellant. Appellant No.16 is the legal representative of the deceased first appellant. First respondent is the plaintiff in the suit. Respondent Nos.2, 3 and 4 are the defendants 7 to 9 in the suit. Respondents 5 to 11 are the legal representatives of the deceased third respondent. Respondent Nos.12 to 15 are the legal representatives of the deceased first respondent -Plaintiff. 3. It is expedient to refer the parties as they are originally arrayed in the suit for better understanding and to avoid any confusion. 4. The suit was filed for partition as aforesaid c...


Apr 17 2000

Ranga Ramesh and Others Vs. Madugula Pattabhi (Died) as Lrs. and Other ...

Court: Andhra Pradesh

Decided on: Apr-17-2000

Reported in: 2000(3)ALD454; 2000(3)ALT522

1. This revision is filed under Section 91 of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (for short 'the Act') against the orders dated 11-10-1999 passed by the Joint Collector, Ranga Reddy District, rejecting an application purported to have been filed by the petitioners herein under Section 90-A(b) of the Act seeking transfer of a case from the primary authority and disposal by the Appellate Authority and readjudicating the orders already passed. The prayer in the petition filed before the Joint Collector, Ranga Reddy on 14-12-1994 reads as follows:'This Hon'ble Court may be pleased to transfer the File No.L/2349 of 1988 from the office of the Revenue Divisional Officer, East, to the office of the Joint Collector, Ranga Reddy District and readjudicate the File No.B4/13628 of 1984 and B4/5588 of 1984 in the interests of justice'.Section 90-A(b) of the Act reads as follows:'(b) withdraw any proceeding or appeal from such officer and himself hear and de...


Apr 17 2000

St. Mary's Educational Society, Giddaluru, Prakasham Dist Vs. Governme ...

Court: Andhra Pradesh

Decided on: Apr-17-2000

Reported in: 2000(3)ALD319; 2000(3)ALT95

ORDER1. The petitioner in the instant writ petition prays for issuance of a writ of mandamus or any other appropriate writ declaring the proceedings Rc.No. 1479/N2-2/99-2, dated 25-2-2000 of the Commissioner and Director of School Education, Andhra Pradesh, Hyderabad, as illegal and void. The petitioner seeks directions from this Court directing the Southern Regional Committee of National Council for Teacher Education, Bangalore, to receive the application of the petitioner and consider the same for granting permission to establish the College of Education at Buchireddypalem, Buchireddypalem Mandal, Kavali Revenue Division, Nellore District, without insisting upon the production of No Objection Certificate from the Government of Andhra Pradesh.2. Before adverting to the question as to whether the petitioner is entitled for any relief as such from this Court, it may be necessary to notice a few relevant facts leading to filing of this writ petition by the Petitioner.3. The first respond...


Apr 17 2000

Pulavarthi Lakshmi Surya Subrahmanyam Vs. Pulavarthi Somaraju

Court: Andhra Pradesh

Decided on: Apr-17-2000

Reported in: 2000(4)ALD203; 2000(3)ALT787

ORDER1. This revision arises out of order dated 12-2-1996 in IA No.44 of 1996 in OS No.130 of 1989 on the file of the Court of the I Additional District Munsif, Kakinada, directing the petitioner to pay stamp duty of Rs.1,035/- and penalty of Rs.10,350/- on an entry in the account book sought to be marked as an exhibit by the revision petitioner.2. I he revision petitioner and respondent are related to each other and were members of a joint family. Revision petitioner filed a suit for injunction against the respondent. During the course of evidence when he warned to mark an entry in the account book as an exhibit, it was objected to by the respondent on the ground that requires stamp duty and penalty. When the entry was referred to the office to assess the stamp duty payable thereon, the office prepared a note that-the said entry, in the account book, is a deed of partition, and hence stamp duty and penalty payable thereon would come to Rs.l 1,385/-. The learned 1 Additional District M...


Apr 17 2000

Golla Savari (Died) Lrs Vs. Land Acquisition Officer, Srisailam Projec ...

Court: Andhra Pradesh

Decided on: Apr-17-2000

Reported in: 2000(5)ALD171; 2000(6)ALT701

ORDERB. Subhashan Reddy, J 1. This writ petition has been filed questioning the Circular issued by this Court in Roc.No.3394/99/OP CELL-E, dated 27-7-1999. By the said Circular, the High Court on administrative side, following our judgment dated 23-6-1999 rendered in WPNo.14282 of 1998, has directed the opening of bank accounts by the Presiding Officers of executing Courts. Of course, those directions were specifically given regarding 'Yeleru Scam', having regard to the peculiar facts and circumstances of that case. To safeguard the interests of the claimants, we intended that the same should be made applicable to other cases also throughout the State. But, difficulty is expressed now with regard to the opening of the account by the Presiding Officers themselves.2. We have heard Mr. E.V. Bhagiratha Rao, learned Counsel for the petitioner as also Smt. M. Bhaskara Lakshmi, learned Counsel appearing for the High Court and having regard to the facts and circumstances, we clarify our order ...


Apr 17 2000

Baber Siddiqui Vs. Commissioner of Police and ors.

Court: Andhra Pradesh

Decided on: Apr-17-2000

Reported in: 2000(1)ALD(Cri)909; 2000(3)ALT300

ORDERB. Sudershan Reddy, J.1. The petitioner in the instant writ petition challenges the action of the second respondent herein in indicating the petitioner's name as a rowdy sheeter in a Press Note dated 27-2-2000 published in Urdu Daily newspapers on 27-2-2000.2. The petitioner claims to be a respectable citizen of Hyderabad city. For some time he was the Chief Editor of Urdu Weekly 'Aaj Aur Kal'. It is stated that he was associated with more than one political party in the State of Andhra Pradesh. He is the founder General Secretary of 'Sarhadi-Gandhi-International Socio-economic and Educational Society'. He is aggrieved by the action of the second respondent herein in issuing the Press Note characterizing the petitioner as a rowdy sheeter. The press note was published in all leading Urdu Dailies on 27-2-2000. The news item reads as 'Search of 24 absconded rowdy sheeters from old city. Announcement of award for the informants: Absconded underground 165 rowdy sheeters.' The petitione...


Apr 17 2000

Viswanatham Bala Subba Rayudu Vs. Lakki Reddy Chennamma (Died) by Lr

Court: Andhra Pradesh

Decided on: Apr-17-2000

Reported in: 2005(2)ALD134

B. Prakash Rao, J.1. This appeal is at the instance of the defendant against the judgment and decree in OS No. 19 of 1981 dated 28-2-1986 on the file of the Subordinate Judge, Proddatur decreeing the suit filed by the respondent herein for recovery of Rs. 46,654-15 towards principal and interest in pursuance of a simple mortgage deed dated 24-4-1969 executed by the defendant in favour of the plaintiff for a sum of Rs. 12,000/- agreeing to pay with interest at 12% per annum. The suit is laid on the claim that the defendant borrowed Rs. 12,000/- on 24-4-1969 and executed a simple mortgage deed agreeing for payment of 12% interest per annum. In spite of that since no payment was paid, the suit was filed.2. In defence, the defendant admitted the execution of the mortgage deed but however, raised the plea of absence of consideration and also that the document was executed at the instance of his brother. Further, it was also claimed that the execution was done only with a view to showing the...


Apr 17 2000

Viswanatham Bala Subba Rayudu Vs. Lakki Reddy Chennamma (Died) Per Lr

Court: Andhra Pradesh

Decided on: Apr-17-2000

Reported in: 2008(1)ALT665

B. Prakash Rao, J.1. This appeal is at the instance of the defendant against the judgment and decree in O.S. No. 19 of 1981 dated 28-2-1986 on the file of the Subordinate Judge, Proddatur decreeing the suit filed by the respondent herein for recovery of Rs. 46,654-15 towards principal and interest in pursuance of a simple mortgage deed dated 24-4-1969 executed by the defendant in favour of the plaintiff for a sum of Rs. 12,000/- agreeing to pay with interest at 12% per annum. The suit is laid on the claim that the defendant borrowed Rs. 12,000/- on 24-4-1969 and executed a simple mortgage deed agreeing for payment of 12% interest per annum. In spite of that since no payment was paid, the suit was filed.2. In defence, the defendant admitted the execution of the mortgage deed but however, raised the plea of absence of consideration and also that the document was executed at the instance of his brother. Further, it was also claimed that the execution was done only with a view to showing t...


Apr 12 2000

Chintalapudi Annapurnamma and Another Vs. Andukuri Punnayya Sastry and ...

Court: Andhra Pradesh

Decided on: Apr-12-2000

Reported in: 2000(3)ALD649; 2000(3)ALT159

ORDERD.S.R. Varma, J.1. A learned single Judge of this Court having found two decisions rendered by this Court in Gulam Hussain v. Additional Rent Controller, Hyderabad, : AIR1977AP397 and N. Jagannadham v. V. Mangamma, 1997 (2) ALD 549, conflicting with each other referred this revision petition under Article 227 of the Constitution to the Division Bench framing the question as below:'If an application is made before a Court for sending a document to the Revenue Divisional Officer for collection of stamp duty, is the Court bound to do so or is the Court free to impound the document itself and admit the document on collection of stamp duty together with penalty.'2. Having regard to the above question of law before us, it is necessary to narrate the facts in brief, which are as follows: The petitioners herein are the alleged lessees and the respondents are the alleged lessors. The respondents herein filed ATC No.42 of 1994 before the Special Officer under A.P. Tenancy Act against the pe...


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