Andhra Pradesh Court November 2001 Judgments
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Vijaya Bank, Guntur Branch Vs. Kommareddy Jaji Reddy and ors.
Court: Andhra Pradesh
Decided on: Nov-30-2001
Reported in: 2002(2)ALD71
1. The appellant had preferred an appeal as against the judgment and decree made in OS No. 149 of 1985 dated 18-8-1986 on the file of the Principal Subordinate Judge, Narsaraopet, insofar as it relates to the non-awarding of the contractual rate of interest.2. The main contention of the appellant-bank is that the Court below should have granted interest @ 14.75% per annum with quarterly rests, as prayed for, and the Court below had erred in granting interest only @ 12 1/2% per annum with proportionate costs.3. The appellant had instituted a suit for recovery of amount of the strength of a mortgage deed. The case of the appellant/ plaintiff, as averred in the plaint, is that the defendant Nos. 1 to 6 and one late Gnanaprakasam borrowed a sum of Rs. 9,000/- from the appellant-plaintiff and had executed a demand promissory note on 19-10-1976 agreeing to repay the interest at 6% over the bank rate of interest with minimum of 15% of quarterly rests and they had also executed a letter and a ...
Assistant Commissioner, Endowments Department, Chittoor Vs. Arya Vysya ...
Court: Andhra Pradesh
Decided on: Nov-30-2001
Reported in: 2002(2)ALD796
P.S. Narayana, J. 1. The Assistant Commissioner, Endowments Department, Chittoor, the plaintiff in OS No.1 of 1981 on the file of the District Judge, Chittoor is the appellant. The suit OS No.1 of 1981 on the file of District Judge, Chittoor was filed for setting aside the order dated 31-3-1980 of the Deputy Commissioner of Endowments, Kurnool made in OA No. 16 of 1969 as illegal and unsustainable in law or facts, declaring the schedule mentioned properties as a public property and a charitable institution.2. The case of the appellant-plaintiff is that Arya Vysya Sangham is a registered body and the site on which the Arya Vysya Hostel was constructed, was gifted to the Sangham by one Tangutoori Ramaiah Chetty and the gift was made for the purpose of constructing a hostel to the students belonging to the Arya Vysya community and to provide sufficient site for purpose of marriage of persons of that community and a building with two floors was constructed on the site gifted and it compris...
Mohammad Jakeer Vs. Ch. Koti Reddy (Complainant) and anr.
Court: Andhra Pradesh
Decided on: Nov-30-2001
Reported in: AIR2002AP237b; 2002(1)ALT193
ORDERB. Sudershan Reddy, J. 1. This is an application filed under Section 482 of the Code of Criminal Procedure to quash the proceedings in C.C. No. 87 of 1999 on the file of the learned I Additional Munsif Magistrate, Narasaraopeta, in which the petitioner herein is the sole accused. 2. The first respondent herein filed a complaint against the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act'). In the said complaint, it is inter alia stated that the petitioner herein issued a cheque on 27.1.1999 for a sum of Rs. 50,000/- towards the part payment of a legally enforceable debtto the respondent-complainant. The said cheque was presented by the respondent-complainant through his Banker for collection of the amount on 24.3.1999, but on the very same day it was returned along with a Memo stating that there are no sufficient funds. The respondent-complainant immediately on 25.3.1999 got issued a statutory notice as is require...
O.R. Alavi Vs. Government of A.P. Through P.P.
Court: Andhra Pradesh
Decided on: Nov-30-2001
Reported in: 2001(6)ALT533
ORDERRamesh Madhav Bapat, J.1. Petitioner herein is accused No. 1 in C.C. No. 126/1995 pending on the file of Judicial Magistrate of First Class, Huzurnagar, Nalgonda. He along with A-2 was initially prosecuted for offences punishable under Sections 408, 467 and 420 I.P.C. The offences are alleged to have been committed in between 9-6-1990 and 3-8-1990. Charge-sheet was filed on 29-1-1995.2. Before taking cognizance of the offences in question, accused persons filed a Crl.M.P. No. 2267/1995 for discharging them under Section 239 Cr.P.C. The matter was heard by the learned Judge on merits and he came to the conclusion that by reading the averments made in the charge-sheet, no offence punishable under Sections 467, 420 and 408 I.P.C. was disclosed. However, the learned Judge held that the facts on record would reveal that the accused persons were liable to be punished for offences punishable under Sections 403 and 406 I.P.C. The learned Judge discharged the accused of the offences punish...
Sri Venkateswara Oil Company Vs. Guduru Jalaja Reddy and ors.
Court: Andhra Pradesh
Decided on: Nov-29-2001
Reported in: 2002(1)ALD182; 2001(6)ALT567
C.Y. Somayajulu, J.1. For the sake of convenience, the parties hereinafter are referred to as they are arrayed in the trial Court.2. Appellants are Defendants 1 to 3 in O.S. No. 46 of 1977 on the file of the Court of the Subordinate Judge, Tirupati, filed by G. Chenga Reddy (plaintiff) after whose death his legal representatives were brought on record. Plaintiff in the first instance filed the suit against appellants (defendants 1 to 3) and his son Gudur Paradesi (4th defendant) for recovery of possession of the plaint schedule land, (suit land), and for profits, past and fixture, alleging that defendants 1 to 4, who are partners of Venkateswara Oil Company (the firm) took the suit land on lease on a monthly rent of Rs.750/- and had committed default in payment of rent. 3rd defendant filed his written statement, which was adopted by defendants 1 and 2, denying the title of plaintiff and also tenancy, and contending that he and defendants 1, 2 and 4 took the suit land on lease from Sura...
Jarnala Subbarayudu @ Yellaiah Vs. State of A.P. Rep., by Public Prose ...
Court: Andhra Pradesh
Decided on: Nov-29-2001
Reported in: 2002(1)ALT102
ORDERB. Sudershan Reddy, J.1. This is an application filed under Section 482 of the Code of Criminal Procedure to quash the proceedings in C.C No. 1206 of 1999 on the file of the learned Special Judicial First Class Magistrate for Prohibition and Excise, Cuddapah in which the petitioner is arrayed as the sole accused.2. The petitioner is alleged to have committed an offence punishable under Section 34(a) of the Andhra Pradesh Excise Act. It is the case of the prosecution that on 3.5.1995 at 10.30 A.M during the route watch conducted by the Prohibition and Excise Inspector, Yerraguntla and his staff, the petitioner herein was found carrying a plastic can on his right hand shoulder and on seeing the excise staff the petitioner tried to runaway and on suspicion, the Inspector of Prohibition and Excise surrounded him and detained him and also examined the contents of the black plastic can and found 35 litres of I.D liquor in it and seized the same. Basing on the same, a case in Crime No. 1...
L. Sathyanarayana Murthy and anr. Vs. Land Acquisition Officer, Revenu ...
Court: Andhra Pradesh
Decided on: Nov-28-2001
Reported in: 2002(2)ALD76; 2002(1)ALT355
ORDERB.S.A. Swamy, J. 1. Questioning the orders of the Additional Senior Civil Judge, Tirupathi, in EA No. 322 of 2001 in OEP No. 26 of 1990 in OP No. 83 of 1982 dated 10th July, 2001 in refusing to release the compensation to the legal heirs of one late L. Kumaraswamy on the ground that no succession certificate was produced, the present revision petition is filed. 2. Heard both the Counsel. 3. The facts are not in dispute. The lands of late Kumara Swamy along with others were acquired for a public purpose and the matter seemed to have went upto Supreme Court with regard to the quantum of compensation payable for the lands that were acquired and it attained finality. Thereafter some disputes seemed to have arisen between the legal heirs of late Kumara Swamy and the female heirs of late Kumara Swamy filed OS No. 60 of 2001 on the file of Principal Senior Civil Judge, Tirupati and ultimately the matter was settled in Lok Adalat and an award was also passed by the Lok Adalat. After obtai...
S. Jyothi Vs. Presiding Officer/Election Officer, Thottambedi Mandal, ...
Court: Andhra Pradesh
Decided on: Nov-28-2001
Reported in: 2002(2)ALD170
G. Bikshapathy, J. 1. The issues involved in both the writ petitions are similar, hence they are being disposed of by this common judgment. 2. In these writ petitions, the petitioners are assailing the order dated 6-9-2001 passed by the 1st respondent-Presiding Officer/ Election Officer, Thottambedu Mandal, Chittoor district, declaring that the petitioners ceased to be the members of the Mandal Parishad Territorial Constituency (for short, MPTC') of Thottambedu and Bonnupalli respectively with immediate effect. 3. The events that led to the filing of these writ petitions are thus: 4. Smt S. Jyothi, the petitioner in WP No. 18953/2001 and Mr. K.Chandraiah Naidu, the petitioner in WP No. 18954 were elected as MPTC members of Thottambedu and Bonnupalli in the election held on 17-7-2001. They belonged to Telugu Desam Party, a recognised political party. Elections to the post of President and Vice-president of Thottambedu Mandal was held on 22-7-2001. 5. It is the case of the Smt S. Jyothi,...
Vemula Srinivasa Rao Vs. Thumepalli Venkateswarlu
Court: Andhra Pradesh
Decided on: Nov-28-2001
Reported in: 2002(1)ALD169; 2001(6)ALT791
A.R. Lakshmanan, C.J.1. The judgment-debtor is the petitioner in this revision. The revision is filed against an order in EP 112 of 1998 in OS No. 142 of 1996 on the file of the Junior Civil Judge, Macherla. The respondent decree-holder filed the said EP seeking arrest of the revision petitioner-judgment-debtor. After recording the evidence, the Court below came to the conclusion that the revision petitioner is liable for arrest for realisation of the decretal amount and by its order dated 16-10-2000 directed issuance of arrest warrant against the judgment-debtor. Challenging the said order, the present revision is filed.2. It was contended by the learned Counsel for the judgment-debtor before the learned single Judge that the relief of discharging the decretal debt by way of instalments at least could have been granted. Strong reliance in this regard was placed on the decision rendered by a learned single Judge of this Court reported in E. Murugaiah v. C. Ekambara Reddy, : 1996(2)ALT7...
Kolli Purushotham Chowdary Vs. Balaji Finance Corporation and anr.
Court: Andhra Pradesh
Decided on: Nov-28-2001
Reported in: 2002(1)ALD1; 2001(6)ALT785
A.R. Lakshmanan, C.J.1. CRP No.1037 of 1999 was filed against the order dated 22-2-1999 passed in an unnumbered EA in EP No.16 of 1997 in OS No.151 of 1989 on the file of the senior Civil Judge, Avanigadda. The lower Court rejected the petition filed under Section 47 of the Code of Civil Procedure as not maintainable.2. According to the petitioner, the final decree petition was filed beyond three (3) years from the date of preliminary decree and that the interest has been awarded onthe suit amount and that part payments made were not given credit to in the final decree and the interest granted in the decree is also excessive. In this case, the preliminary decree was passed on 6-11-1990 granting six (6) months' time to redeem the mortgage and the time granted was expired on 6-5-1991. Since the preliminary decree has not been complied with, the final decree petition was filed on 18-12-1993, within the period of three years and a final decree was passed on 1-2-1996. Therefore, the content...
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