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Andhra Pradesh Court October 2001 Judgments

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Oct 29 2001

Alladi Venkateswarlu Vs. Warangal Municipal Corporation, Warangal

Court: Andhra Pradesh

Decided on: Oct-29-2001

Reported in: 2002(1)ALD861

ORDER1. This civil revision petition is filed against the order of the Principal District Judge, Warangal dated 26-7-2000 in CMA (SR) No. 7215 of 1999, under which the appeal preferred by the petitioner herein was rejected.2. The petitioner herein challenging the Demand Notice dated 1-10-1999 issued by the Municipal Corporation, Warangal calling upon him to pay a sum of Rs. 24,275/-towards property tax in respect of his house, preferred a Civil Miscellaneous Appeal underSection 14 of the A.P. Municipal Corporation Act, 1994 read with Section 282(d) of the Hyderabad Municipal Corporations Act, 1955 before the learned District Judge, Warangal. The learned District Judge by the order impugned, rejected the appeal filed by the petitioner on the ground that the petitioner has not deposited the amount of tax demanded by the Municipality before fling the appeal. Aggrieved by the said order of the learned District Judge, the present revision has been preferred.3. The learned Counsel for the pe...


Oct 29 2001

Moida Ramana Vs. State of A.P. Rep., by Public Prosecutor

Court: Andhra Pradesh

Decided on: Oct-29-2001

Reported in: 2002(1)ALD(Cri)408; 2002(1)ALT(Cri)36

R.M. Bapat, J. 1. The appellant-sole accused was tried by the learned Sessions Judge in S.C. No.292 of 1999 for an offence punishable under Section 302 of the Indian Penal Code. On evidence, the learned Sessions Judge found him guilty and, therefore, proceeded to convict him and sentenced him to suffer imprisonment for life and also to pay a fine of Rs.1,500/- in default to suffer Rigorous Imprisonment for one month and 15 days. 2. The substance of the charge against the accused was that on the intervening night of 6th/7th June 1997 between 1 A.M. and 3 A.M., at Rellivalasa village, the accused alleged to have caused the death of one Pinninti Appalanaidu, aged about 30 years, by stabbing him with a knife. 3. The prosecution story can be briefly narrated as follows:- P.W.1 happened to be the mother and P.W.3 happened to be the brother of the deceased. The deceased and the accused were friendly and they were residing in Rellivalasa village. The deceased used to eke out his livelihood by ...


Oct 19 2001

Nunna Rama Krishna Nageswara Rao and ors. Vs. Bolisetty Lakshmi Venkat ...

Court: Andhra Pradesh

Decided on: Oct-19-2001

Reported in: 2002(1)ALD632

ORDER1. Wife of first petitioner and mother of petitioners 2 to 10 by name Kanaka Durga Lalitha Kumari (hereinafter called the plaintiff) filed OS No. 192 of 1991 on the file of the Court of II Additional Senior Civil Judge, Vijayawada, inter alia for partition of the property specified in the schedule appended to the plaint in two equal shares, which is an upstairs building in Ward No. 11 of Vijayawada Municipality, Revenue Ward No. 6, with Assessment No. 8071, Block-II, I Town, Vijayawada) within the boundaries specified in the schedule appended to the plaint, which hereinafter would be called as the 'suit property', and for allotment of one such share to her with profits, past and future: on the ground that Lakshmi Venkata Narasimha Rao, her father, and adopted the first respondent, gifted half share in the suit property towards 'Pasupa Kunkuma' to her at the time of her marriage. First respondent contested the suit denying the gift in favour of the plaintiff, and contending that th...


Oct 19 2001

Balaji Traders Chirala Vs. Ponnuri Lakshmaiah

Court: Andhra Pradesh

Decided on: Oct-19-2001

Reported in: 2002(2)ALD147

ORDERT. Meena Kumari, J. 1. This revision petition is filed against the judgment and decree dated 24-8-1999 passed by the senior civil Judge, Chirala in SC No. 7 of 1997. 2. Plaintiff is the petitioner herein. The suit was filed for recovery of Rs. 4,932/-being the balance of principal and interest due on a pronote dated 7-3-1989 executed by the respondent in favour of the petitioner herein for Rs. 5,500/- payable with interest at 18% per annum and also for subsequent interest. 3. The case of the petitioner is that on7-3-1989 the respondent had borrowed a sum of Rs. 5,500/- agreeing to repay the same with interest at 18% p.a. and thus executed the suit pronote. It is averred in the plaint that on 26-3-1989, 14-7-1991,8-8-1991, 6-10-1991, 23-2-1992 and 25-2-1994 the respondent-defendant made part payments of Rs. 500/-, Rs. 400/-, Rs. 300/-, Rs. 300/-, Rs. 300/- and Rs. 200/- respectively and that necessary endorsements were made on the reverse of the pronote. It is also averred that on ...


Oct 19 2001

Laxminarasamma (Died) by Lr Vs. Chakali Buchaiah (Died) by Lrs.

Court: Andhra Pradesh

Decided on: Oct-19-2001

Reported in: 2002(3)ALD688; 2002(1)ALT336

ORDERL. Narasimha Reddy, J.1. In this civil revision petition (CRP), the petitioner challenges the validity of the order passed by the Revenue Divisional Officer, Mahabubnagar (for short 'the RDO'), in file No. K/4545/88 dated 21-7-1989 as well as the order passed by the Joint Collector, Mahabubnagar district, in Case No. B7/29/1989 dated 9-8-1999, wherein the order of the RDO, dated 21-7-1989 is confirmed.2. The petitioner is the owner of the land in Sy. Nos. 123/2, 140, 141, 199, 200 and 201 of Kammadanam village, Farooqnagar Mandal, Mahabubnagar district. The respondents are the recorded protected tenants in respect of the said lands under the provisions of the A.P. (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (hereinafter referred to as 'the Act'). The respondents approached the RDO for grant of Ownership Certificate under Section 38-E of the Act. The RDO through his letter dated 21-7-1999 granted the same. The petitioner challenged the order of the RDO by way of appea...


Oct 19 2001

Commissioner of Endowments, Andhra Pradesh, Hyd. and anr. Vs. All Indi ...

Court: Andhra Pradesh

Decided on: Oct-19-2001

Reported in: 2001(6)ALD747; 2001(6)ALT539

S.B. Sinha, C.J.1. The order of reference made by a Division Bench of this Court dated 4.8.1995 reads:Since this appeal has raised the question-whether a Bench decision of this Court in DY COMMISSIONER OF ENDOWMENTS v SAIBABA SAMSTHANAM 0044/1991 : AIR1991AP253 has correctly decided that a temple or mandir dedicated to Shirdi Saibaba is not an exclusively Hindu temple and it seems discussion as to the religion which Saibaba propagated in the abovejudgment is taken as one parallel to the faith Kabirdas propagated, can it be said that endowments of Kabir Panth are not Hindu endowments and if the endowments to Kabir Panth are Hindu endowments and thus Hindu religious institutions, Sai temples are also Hindu temples, we are inclined to order for the hearing of the matter by a special Bench of three Judges of the Court.2. The writ petitioner-respondent is a society registered under the Andhra Pradesh (Telangana Area) Public Societies Registration Act, 1350 F. It is not in dispute that it wa...


Oct 19 2001

G. Malakonda Reddy Vs. Andhra Bank Officers Union, Hyd. and anr.

Court: Andhra Pradesh

Decided on: Oct-19-2001

Reported in: 2001(6)ALD698; 2001(6)ALT573

S.B. Sinha, C.J.1. The Review Petitioner-appellant in these miscellaneouspetitions is aggrieved by the observations made by the Full Bench (to which one of us - G. Bikshapathy. J was a member) in its judgment dated 13.10.1997 to the effect that the leaned Senior Counsel Mr. J.V. Suryanarayana, made a statement before the Full Bench that the appellant has accepted the verdict of the learned single Judge on the alteration of the date of birth of his client and therefore has not availed the benefit of extension of service. The counsel for the review petitioner who is also advocate on record for the review petitioner in the writ appeals - Mr. V. Venkataramana strenuously contends that though the Full Bench specifically framed two questions raised and argued in the writ appeals, this Court did not answer them on a wrong premise that the appellant has accepted the judgment under appeal and thus the Full Bench has not exercised its jurisdiction while deciding the appeals which constituted an ...


Oct 19 2001

Convenor, Eamcet 1998, Jawaharlal Nehru Technological University, Hyd. ...

Court: Andhra Pradesh

Decided on: Oct-19-2001

Reported in: 2001(6)ALD784; 2001(6)ALT280

S.B. Sinha, C.J. 1. This appeal by the Convener, EAMCET 1998 is directed against the order of the learned single judge disposing of the Writ Petition filed by a student who appeared for EAMCET-98 (Medical) with the following: For all the above-mentioned reasons, I direct the third respondent to evaluate the above-mentioned 13 questions which are said to have been answered wrongly by the petitioner, with reference to the B.series, be cross-checked with reference to the D series and depending on the outcome of such a process, the rank of the petitioner be revised. It is further directed, basing on such revision, the case of the petitioner be considered for admission into M.B.B.S course in accordance with rules. The whole exercise of the revision of the rank of the petitioner as indicated above, should be completed within a period of oneweek from the date of receipt of a copy of this order. 2. The parties will be referred to by their status in the writ petition. The petitioner, a student ...


Oct 19 2001

M. Veeresham Vs. L.H. Gopal Krishna Rao

Court: Andhra Pradesh

Decided on: Oct-19-2001

Reported in: 2002(1)ALD48; 2002(1)ALT181

ORDER1. The tenant of a non-residential premises belonging to the respondent, is the petitioner in this Civil Revision Petition. The respondent filed RC.No.2/91 before the Additional Rent Controller, Secunderabad, seeking eviction of the petitioner under Section 10 of the A.P. Buildings (Lease, Rent & Eviction) Control Act, 1960 (hereinafter referred to as the 'Act'). In the petition, it was alleged that the petitioner committed wilful default of payment of rents and that the premises is required for personal occupation of the respondent. The petitioner resisted the petition and denied the allegations made in RC.No.2/91. Before the Rent Controller, P.Ws. 1 and 2 were examined on behalf of the respondent (owner) and documents P1 to P1 1 were marked on his behalf. The petitioner (tenant) examined himself as RW.l and no documents were marked on his behalf. On an appreciation of the oral and documentary evidence, the Rent Controller, through its order dated 28-2-1994, recorded a finding th...


Oct 19 2001

Pingili Narasimha Reddy Vs. Municipal Corporation, Warangal

Court: Andhra Pradesh

Decided on: Oct-19-2001

Reported in: 2002(1)ALD52; 2002(1)ALT20

ORDER1. The petitioner in this Civil Revision Petition is aggrieved by the order of the Principal Junior Civil Judge, Warangal, dated 18-2-1979 dismissing the EP.No;80 of 1997 in OS.No.35 of 1995.2. The petitioner is the owner of house bearing No. 7-1-35, corresponding toOld No.7/22-2-1, situated at Sainagar, Hanamkonda, Warangal district. When he apprehended demolition of the said premises by the respondent, the Municipal Corporation, Warangal, he filed OS.No.724/ 94 for permanent injunction. It appears that the suit was decreed on 30-9-1994 and it became final. Obviously, in the wake of this decree, the respondent issued proceedings dated 4-10-1994 cancelling the assessment of the premises.3. Aggrieved by the cancellation of the assessment, the petitioner filed OS.No.33 of 1995 on the file of the Principal Junior Civil Judge, Warangal, claiming relief of restoration of the assessment. The suit was decreed exparte on 8-3-1996 and the decree became final. Since the petitioner was entit...


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