Andhra Pradesh Court September 2000 Judgments
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Kuchimanchi Nagamani Vs. Mantri Prasada Agnihotrudu and Others
Court: Andhra Pradesh
Decided on: Sep-27-2000
Reported in: 2001(1)ALD105; 2001(1)ALT385
ORDER1.The petitioner, who is the decree holder, has filed this revision against the orders in IA No.343 of 1994 in OS No.19 of 1985 dated 28-11-1995 on the file of the Subordinate Judge, Razole dismissing the cheque petition filed for withdrawal of the amounts in deposit.2. The brief relevant facts necessary for the purpose of this revision are that the petitioner had filed OS No.19 of 1985 originally in the Court of Subordinate Judge, Amalapnram for recovery of Rs.20,000/- on the basis of the promissory note executed by the respondents herein. Pending the suit, she obtained orders of garnishee attachment of the amounts lying with the Executive Engineer, Godavari Central Division, Dhavaleswaram, which were subsequently made absolute on 16-4-1985. Subsequently, the suit was transferred to the Court of Subordinate Judge at Razole. As the amount was not deposited, the petitioner had filed IA No.242 of 1991 for implementation of the said orders and accordingly a sum of Rs.32,235/- was dep...
iTC Zeneca Limited, Sec'bad Vs. Govt. of A.P. and others
Court: Andhra Pradesh
Decided on: Sep-27-2000
Reported in: 2000(6)ALD76; 2000(5)ALT427
ORDERB. Subhashan Reddy, J. 1. Exigibility of market fee on the sale of seeds, which are inedible and meant for germination under the provisions of the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966 (hereinafter referred to as 'A.P. Markets Act'), is the question for consideration.2. The petitioners either sell or purchase seeds such as, Sunflower, Maize, Jowar, Bajra, Paddy, Jute, Wheat, Tomato, Safflower etc. The fact that they are operating the said sales or purchase within the market areas notified by the Government of Andhra Pradesh is not disputed. But, they dispute their liability to pay market fee on the premise that the seeds meant for germination are not the agricultural produce and their transactions are governed by the Seeds Act, 1966 (a Central enactment), hereinafter referred to as the 'Seeds Act' and not under the A.P. Markets Act. Among the petitioners are the individual traders, companies who deal in seeds. Their association has also joined in th...
G. Sudershan Reddy and Another Vs. Joint Collector, R.R. Dist. and Oth ...
Court: Andhra Pradesh
Decided on: Sep-27-2000
Reported in: 2000(6)ALD421; 2000(6)ALT656
1. The CRP is filed under Article 227 of the Constitution of India challenging the Orders passed by the Joint Collector, Ranga Reddy District, dated 18-4-1998 confirming the Order passed by the Revenue Divisional Officer, West Division, Ranga Reddy District, setting aside the order of the Mandal Revenue Officer, Shamshabad Mandal, dated 27-3-1992.2. The petitioners herein filed an application before the Mandal Revenue Officer on 8-6-1989 stating that they had purchased agricultural lands measuring Ac.92-02 gts. in S.Nos.114, 115, 116, 119, 120, 121 and 122 of Pedda Golconda village, Shamshabad mandal, Ranga Reddy districtfrom one Mr. Lal Mohan Srivastava, a pattedar for a total consideration of Rs.78,600/- under a private sale agreement on 21-3-1972. Therefore, they filed the application under Section 5-A of A.P. Records of Rights Act read with Rule 22 to regularise the un-Registered Sale Deed. The Mandal Revenue Officer by proceedings dated: 27-3-1992 passed an Order allowing the appl...
Royal World Exima and Agencies, Guntur Vs. Reserve Bank of India, Hyd. ...
Court: Andhra Pradesh
Decided on: Sep-27-2000
Reported in: 2000(6)ALD308; 2000(6)ALT224
1. The writ petition is filed seeking writ of mandamus declaring the order of the Banking Ombudsman-respondent No.2 dated 23-5-1998 directing the 3rd respondent to pay a sum of Rs.13,07,135/- to the petitioner on furnishing one surety as arbitrary and illegal and direct the respondents authorities to pay the petitioner the aforesaid amounts withinterest from 18-12-1996 at 18% permission annum.2. The facts leading to the writ petition are that the petitioner was awarded subcontract by M/s Hyderabad Agricultural Co-operative Association, Hyderabad (for short the 'HACA') for supply of building material for Social Welfare hostels. The petitioner was paid a sum of Rs.13,07,135/-by demand draft dated 17-12-1996 by HACA on State Bank of Hyderabad, Guntur branch. The said Bank draft along with some other blank cheques were missing. Therefore, he made a complaint to the police and also intimated the loss of draft and cheques to the State Bank of Hyderabad at Hyderabad and Guntur branch. Later o...
M.A. Muneem and Others Vs. Lic, House Buildings Employees Society, Hyd ...
Court: Andhra Pradesh
Decided on: Sep-27-2000
Reported in: 2000(6)ALD520; 2000(6)ALT182
ORDERV. Eswaraiah, J.1. These two letter patent appeals are filed by the unsuccessful defendants under Clause 15 of Letters Patent against a common judgment and decree in CCCA Nos.36 and 58 of 1998 dated 24-11-1999 of the learned single Judge of this Court. Those two were appeals filed by the appellants herein against the judgment and decree in OS No.311 of 1980 dated 11-3-1997 on the file of the III Additional Chief Judge, City Civil Court, Hyderabad. The suit filed against the appellants herein for the specific performance of the agreement of sale dated 28-3-1974 was decreed with costs as prayed for directing the appellants herein and the 2nd respondent herein to execute a registered sale deed in favour of the plaintiff-Society, within a month from the date of the judgment after withdrawing the balance sale consideration lying in Court deposit to the credit of the suit OS No.311 of 1980 failing which,the plaintiff-society, is at liberty to get the registered sale deed executed throug...
Peddianti Rajendra Prasad Vs. Commissioner of Survey, Settlement and L ...
Court: Andhra Pradesh
Decided on: Sep-27-2000
Reported in: 2000(6)ALD336; 2000(6)ALT289
1. This writ petition was filed to issue a writ of certiorari and to call for the records connected with CSSand LR's case No.P2/164/89 dated Nil communicated through Memo No.P2/164/ 1989 dated 25-8-1990 from the office of the Commissioner of Survey and Settlement and Land Records and quash the same as illegal, and pass such further orders which are deemed fit and proper in circumstances of the case.2. It is submitted by the petitioner that his ancestors were granted an extent of Ac.8.75 in S.Nos.99/2 and 101/2 situated in Korukonda village, East Godavari District more than 100 years back by Sri Lakshminarasimhaswamy Vari and the petitioner and his ancestors were in peaceful possession and enjoyment of the land. It is further submitted that the ancestors of the petitioner dug a tank in S.Nos.99/2 and 101/2 for the purpose of source of irrigation for the other patta lands in S.No.96/1 and 96/3 measuring an extent of Ac.18-24. The said tank is locally known as Perayyagandi Cheruvu, which ...
Oguboyina Babu Rao and Another Vs. Md. Khasim Sheriff
Court: Andhra Pradesh
Decided on: Sep-26-2000
Reported in: 2000(6)ALD329
ORDER1. This revision petition is for orders of the Court, as to whether the civil revision petition is maintainable against an order of ex parte injunction passed under Order XXXIX, Rules 1 and 2 CPC which is an appealable order.2. The learned Counsel for the petitioners brought to my notice that the respondent herein filed OS No.200 of 2000 on the file of the learned Junior Civil Judge, Addanki, Prakasham District for specific performance of an agreement of sale and also filed IA No.880 of 2000 seeking a temporary injunction restraining the petitioners herein from interfering with his possession. The Court below seemed to have granted an ex parte injunction on 3-8-2000. Thereafter the petitioner herein seemed to have filed the counter on 31-8-2000 and the matter was posted for hearing on 6-9-2000. Subsequently at the instance of the respondents herein the Court adjourned the hearing of the interlocutory application to 12-9-2000 and posted to 29-9-2000. Apprehending that theCourt may ...
Om Prakash Agarwal Vs. State of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Sep-26-2000
Reported in: 2000(2)ALD(Cri)607; [2003]115CompCas190(AP); 2001CriLJ253
Vaman Rao, J.1. Notice before admission has been ordered and respondent No. 2 made their appearance through their counsel. The public prosecutor takes notice for respondent No. 1. /2. Heard learned counsel for the petitioner Sri C. Kodandaram and learned senior counsel Sri E. Manohar for respondent No. 2. /3. This petition under Section 482 of the Criminal Procedure Code, 1973, seeks quashing of the proceedings in C.C. No. 236 of 2000 on the file of the III Metropolitan Magistrate, Visakhapatnam in so far as the petitioner is concerned, who appears as accused No. 5 facing a charge for an offence under Section 138 of the Negotiable Instruments Act, 1881. /4. Learned counsel for the petitioner Sri Kodandaram contends that there are no specific allegations against the petitioner-accused No. 5 to implicate him in the alleged offence under Section 138 of the Negotiable Instruments Act. It is stated that accused No. 5 has nothing to do with the affairs of the company. /5. On the other hand, ...
Badugu Venkata Durga Rao and Another Vs. Surneni Lakshmi
Court: Andhra Pradesh
Decided on: Sep-25-2000
Reported in: 2001(1)ALD86; 2001(1)ALT115
1. Aggrieved by the judgment and decree dated 10-7-1986 in OS No.191 of 1986 on the file of the Court of the Subordinate Judge, Nuzvid, (OS No.452 of 1979 on the file of the Court of Subordinate Judge, Vijayawada), the defendants in the suit have preferred this appeal.2. During the pendency of the appeal, the second appellant i.e., 2nd defendant died. Since first appellant, i.e., first defendant who is the son and legal representative of the deceased second appellant, is already on record he continued the proceeding. Appellants hereinafter would be referred to as defendants.3. Sole respondent herein, who is the 2nd plaintiff in the suit is the widow of S. Rama Rao and was brought on record, in the trial Court after the death of the sole plaintiff-S Rama Rao, who hereinafter, would be referred as the deceased, respondent would hereinafter be referred to as the 2nd plaintiff. The deceased filed the suit for declaration his title to the properties described in plaint 'A' and 'B' schedules...
Chinna Pulliah (Died) by Lr Vs. Land Acquisition Officer, Srisailam Pr ...
Court: Andhra Pradesh
Decided on: Sep-25-2000
Reported in: 2000(6)ALD91; 2000(6)ALT688
1. Heard the learned Counsel of both the sides. On their request, the matter is taken up for final disposal.2. This appeal arises out of an order rejecting the application/check petition filed by the appellant herein for withdrawal of the amount mainly on the ground that he has not filed succession Certificate as contemplated under Section 214 of the Indian Succession Act.3. There is no dispute as to the fact that the claimant died during the pendency of the OP itself and his legal representative was brought on record. It is seen that aggrieved by the enhancement made by the Court below, the respondent herein preferred an appeal and the same is disposed of, wherein the present claimant is shown as legal representative of the deceased claimant throughout. Now, when execution petition is filed by the legal representative an objection is raised requisitioning the Succession Certificate. In view of the fact that legal representative of the deceased claimant was already brought on record, d...
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