Andhra Pradesh Court December 2001 Judgments
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Gandhi Demudamma and ors. Vs. Gandi Jayalaxmi and ors.
Court: Andhra Pradesh
Decided on: Dec-21-2001
Reported in: 2002(3)ALD264; 2002(4)ALT214
B.S.A. Swamy, J.1. This LPA is filed against the order in CMA No. 315 of 1991 dated 12-12-1991 wherein a learned single Judge of this Court while upholding the Succession Certificate given in favour of the appellants herein under Section 373 of the Indian Succession Act, 1925 directed the appellants to deposit Rs. 22,000/- towards the share of the respondents within two weeks from the date of the judgment and also permitted them to withdraw the same on furnishing security.2. Mr. Rudra Prasad, learned counsel for the appellants strenuously contends that when once the learned Single Judge upheld the Succession Certificate given in favour of his clients, gravely erred in directing his clients to deposit an amount of Rs. 22,000/-in The Court and in permitting the respondents to withdraw the same.3. The facts of this case are that one Mr. Atchaiah who is an employee in A.P. State Electricity Board married the 1st respondent and through her he begotten the respondents 2 and 3 and after some ...
Tirumala Tirupathi Devasthanam Trust Board and ors. Vs. Raghupathy Red ...
Court: Andhra Pradesh
Decided on: Dec-21-2001
Reported in: 2002(2)ALT185; (2002)IIILLJ463AP
ORDERS.R. Nayak, J.1. The respondents herein, 20 in number, were appointed as Mazdoors and subsequently they were regularised as Mazdoors and thereafter they made an application to the appellant administration under Rule 14 of Tirumala Tirupathi Devasthanams Employees Service Rules, 1989 (for short 'the Rules') seeking their transfer from the post of Mazdoor to the Post of Attender. Their request was turned down by Resolution No. 857, dated November 25, 1993 passed by the Board of Trustees of the Tirumala Tirupathi Devasthanams and consequential proceedings were also issued in ROC No. E3/35398/93, dated March 22, 1994 by the Executive Officer of the Appellant-Devasthanam rejecting the request of the respondents. The respondents being aggrieved by the resolution and. proceedings of the 2nd Appellant, preferred Writ Petition No. 3100/1995 in this Court.2. The learned single Judge, as could be seen from the order impugned in this writ appeal, opined that the respondents are entitled to se...
Chalugu Basivi Naidu and ors. Vs. Chalugu Bheemi Naidu and ors.
Court: Andhra Pradesh
Decided on: Dec-21-2001
Reported in: 2002(2)ALT186
ORDERP.S. Narayana, J.1. The unsuccessful petitioners-third parties in E.A. No. 254/98 in E.P. No. 72/97 in O.S. No. 30/85 dated 8-9-2000 on the file of Senior Civil Judge, Chodavaram, are the Revision Petitioners.2. The Revision Petitioners, as third party objectors filed the aforesaid application under Order 21 Rule 97 r/w. Section 151 of the Code of Civil Procedure, hereinafter in short referred to as 'Code', praying the Court to declare that they are not liable to be dispossessed from the schedule lands and for costs. The facts in nutshell are as follows:The Revision Petitioners-petitioners in the E.A. specified supra - third party objectors, had averred that they are all residents of Vakapalli village, hamlet of Konam village and also Konam, hamlet of Konam village in Chidikada Mandal. It was also averred that the respondents are powerful people both in men and money and they got political influence in the village and that the petition schedule lands are their ancestral properties...
Mohd. Khaja Vs. Mohd. Shoukat Fahim Ahmed
Court: Andhra Pradesh
Decided on: Dec-20-2001
Reported in: 2002(1)ALD797; 2002(1)ALT509
Referring JudgmentP.S. Narayana, J.1. Heard Sri Mohd. Ghulam Hussain and Mrs. Vishnu Priya, the learned Counsel on record and also perused the material available on record in RCC No.4 of 1990 on the file of the Rent Control Appellate Tribunal-cum-Senior Civil Judge, Mahboobnagar and also RCA No. 1 of 1995 on the file of the Rent Control Appellate Tribunal-cum-Senior Civil Judge, Mahboobnagar.2. The revision petitioner is the unsuccessful tenant against whom eviction proceedings were initiated in RCA No. 1 of 1995, dated 23-02-1999. For the purpose of convenience, the parties will be referred to as referred to in the abovesaid RCA as landlord and tenant.3. The landlord is represented by a GPA Holder. The pleadings of the respective parties are as follows:The landlord is the owner of the demised premises, which is having two mulgiesbearing No.2-10-91/A situated at Market Road, Mahboobnagar District. The landlord having purchased the same on 02-07-1986 from its erstwhile owner Mohd. Abdul...
K. Masthan Bee and ors. Vs. Appalagari Venkataramana and anr.
Court: Andhra Pradesh
Decided on: Dec-20-2001
Reported in: 2002(2)ALD390; II(2002)DMC646
ORDER1. This civil revision petition is directed against the order dated 14-10-1999 in Civil Miscellaneous Appeal No. 37 of 1999 passed by the learned Additional District Judge, Madanapalle, Chittoor District, whereby he dismissed the appeal confirming the order dated 19-8-1999 in IA No. 76 of 1998 in OP No. 4 of 1998 passed by the learned Principal Junior Civil Judge, Madanapalle, which was filed under Order 39, Rule 1 of the Code of Civil Procedure (for brevity 'the Code') seeking temporary, injunction restraining the 2nd defendant from proceeding with the execution in OEP No. 110 of 1997 in OS No. 270 of 1994.2. The plaintiffs-petitioners are the revision petitioners herein. It is stated that the first petitioner-plaintiff is the wife and the petitioners 2 and 3 are the daughters of the 1st defendant and they filed the suit for maintenance and for creation of charge over the petition schedule property. It is further stated that the first defendant had executed nominal registered mor...
Pala Jaganmohan Vs. P. Kalyanachakravarthi and ors.
Court: Andhra Pradesh
Decided on: Dec-20-2001
Reported in: 2002(2)ALD744
B.S.A. Swamy, J. 1. The judgment of a learned single Judge of this Court in AAO No. 595 of 1993 dated 14-9-1999 is assailed in this LPA.2. This matter arises under Motor Vehicles Accident Claims Tribunal. The claimant is the appellant before this Court. The case of the appellant is that while he was travelling along with his wife in an autorickshaw bearing No. AP31 T1673 on 23-12-1990 at about 1.30 p.m., to go to a lodge near the Waltair Railway Station and when they reached near Old Railway Hospital, the lorry bearing No. AAV 9727 came and hit the autorickshaw due to which his wife died and the appellant received injuries to his left hand and fracture to his right turner (leg) and he was treated in King George Hospital from 23-12-1990 to 23-3-1991. The accident has occurred due to rash and negligent driving of the driver of the lorry. Hence he filed MVOP claiming compensation of Rs. 2,00,000/- under various heads i.e., Rs. 3,000/- towards loss of earnings, Rs. 3,000/- towards transpor...
Trustees of H.E.H., the Nizam's Supplementary Jewellery Trust Vs. Comm ...
Court: Andhra Pradesh
Decided on: Dec-20-2001
Reported in: [2002]255ITR547(AP)
S.R. Nayak, J. 1. The Income-tax Appellate Tribunal, Hyderabad Bench 'B', Hyderabad (for short 'the Tribunal'), has referred the following question for the opinion of the High Court under Section 27(1) of the Wealth-tax Act, 1957 (for short 'the Act').'Whether, on the facts and in the circumstances of the case, the trust funds relating to Schedules I and VI for the assessment years 1969-70 to 1972-73, Schedules I to IV and VI for the assessment years 1973-74 to 1977-78 and Schedules I, IV, V and VI for the assessment year 1978-79 can be merged into one single trust and assessment made upon the aggregate value of the jewellery specified in the aforesaid Schedules under Section 21(4) of the Wealth-tax Act, 1957 ?'2. The background facts leading to the reference of the above question be noted briefly as under : The Late Nawab Mir Sir Osman Alikhan Bahadur created a trust called 'Supplemental Jewellery Trust' by an indenture dated February 28, 1952. The corpus of the trust fund consisted o...
Eenadu, a Daily Newspaper Owned by Ushodaya Publications, a Division o ...
Court: Andhra Pradesh
Decided on: Dec-20-2001
Reported in: 2002(1)ALD(Cri)403
E. Dharma Rao, J. 1. The complainant and the accused in all these three criminal appeals are one and the same, and as such, they are being disposed of by this common judgment.2. The complainant filed these appeals challenging the acquittal of the accused by the VIII Metropolitan Magistrate, Vijayawada, for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for shot 'the NI Act').3. Narrowly stated, the facts of the case are - the complainant is a Daily Newspaper, owned by M/s. Ushodaya Publications, and the accused is the proprietor of M/s. Triveni Advertisements. The accused got published certain advertisements in the newspaper of the complainant in the months of December 1992 and January, 1993, and as a result of such transaction, the accused owed a sum of Rs. 2,53,977-85 ps. to the complainant. The accused issued eight cheques (Cheque Nos. 232869 dated 10-1-1993, 233037, dated 22-1-1993, 232859, dated 3-1-1993, 233027 & 233028, dated9-1-1993, 232263, d...
Trustees of HEH, the Nizarn's Supplementary Jewellery Trust Vs. CWT
Court: Andhra Pradesh
Decided on: Dec-20-2001
Reported in: [2002]122TAXMAN249(AP)
ORDERS.R. Nayak, J.The Tribunal, Hyderabad Bench 'B', has referred the following question for the opinion of the High Court under section 27(1) of the Wealth Tax Act, 1957 (hereinafter referred to as the Act) :'Whether, on the facts and in the circumstances of the case, the trust funds relating to Schedules I and VI for the assessment years 1969-70 to 1972-73, Schedules I to IV and VI for the assessment years 1973-74 to 1977-78, and Schedules I, IV, V and VI for assessment year 1978-79 can be merged into one single trust and assessment made upon the aggregate value of the jewellery specified in the aforesaid Schedules under section 21(4) of the Wealth Tax Act, 1957 ?'2. The background facts leading to the reference of the above question be noted briefly as under: Late Nawab Mir Sir Osman Alikhan Bahadur created a trust called 'Supplemental Jewellery Trust' by an indenture dated 28-2-1952. The corpus of the trust fund consisted of jewellery, specified in the first six Schedules of the t...
Sadashiva Rao Vs. State of A.P. and anr.
Court: Andhra Pradesh
Decided on: Dec-20-2001
Reported in: 2002(1)ALT(Cri)459; 2002CriLJ2110
ORDERE. Dharma Rao, J.1. This criminal revision case is filed against the judgment of the learned Metropolitan Sessions Judge, Visakhapatnam rendered in Criminal Appeal No. 134 of 1998 dated. 31-3-1999 confirming the conviction and sentence passed against the petitioner accused by the learned VIII Metropolitan Magistrate, Visakhapatnam at Gajuvaka in C.C. No. 432 of 1994.2. The petitioner accused was convicted by the trial Court for an offence under Section 409, IPC and sentenced to undergo rigorous imprisonment for two years. He was also further sentenced to pay a fine of Rs. 5,000/-in default, to suffer simple imprisonment for six months. Aggrieved by the same the accused carried the matter in appeal. The appellate Court also confirmed the conviction and sentence awarded against the accused.Hence, the present revision by the accused.3. The learned counsel for the petitioner contended that the learned judge erred in convicting the petitioner under Section 409, IPC while coming to conc...
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