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Andhra Pradesh Court March 2001 Judgments

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Mar 14 2001

Gadepally Kameshwar Rao Vs. Sri Nara Chandra Babu Naidu, Hon'ble Chief ...

Court: Andhra Pradesh

Decided on: Mar-14-2001

Reported in: 2001(3)ALD32; 2001(3)ALT491

ORDERSatva Brata Sinha, CJ 1. Before we proceed to consider the merits of the matter, we would like to refer to one disturbing factor.2. The petitioner herein appears to have sent a fax to the Prime Minister of India asking for providing security to him on the ground that this application having been filed against the Chief Minister of the State his security is at stake. Unfortunately, despite the fact that the matter is pending before this Court, a copy of the fax has been sent to one of us (Chief Justice). When confronted with the said fax and when directed to explain as to why a proceeding under the Contempt of Courts Act shall not be initiated against him, the petitioner tendered his unqualified apology and states that the same had been sent bone fide and not with a view to prejudice the mind of this Court. Although no proceedings under the Contempt of Courts Act are being initiated, the petitioner herein is warned that if in future any such action is brought to the notice of this ...


Mar 14 2001

Gokaraju Sambaiah Vs. Naralasetty Anasuyamma (Died) by Lrs.

Court: Andhra Pradesh

Decided on: Mar-14-2001

Reported in: 2001(3)ALD696; 2001(4)ALT144

1. This second appeal is filed by the 2nd defendant in OS No. 1393 of 1980 on the file of the III Additional District Munsif, Guntur in decreeing the suit of the sole plaintiff by judgment and decree dated 16-2-1987, which was confirmed on appeal filed by the appellant and two other defendants by judgment and decree dated 29-12-1994 in AS No.62 of 1987 on the file of the I Additional District Judge, Guntur.2. One Naralasetty Anasuyamma w/o Venkaiah filed the suit against GokarajuVenkaiah. Gokaraju Venkaiah died pending the suit, and his two sons, namely, Gokaraju Satnbaiah (the appellant herein) and Gokaraju Hanumantha Rao and also Gokaraju Kotamma, the mother of the appellant (Gokaraju Sambaiah) were brought on record as the legal representatives of the deceased defendant Gokaraju Venkaiah.3. The case of the plaintiff is that the suit plot bearing No.139 admeasuring 142 square yards is the part of the Sagothula Peerla Manyam belonging to Chinna Moula Ashurkhana, a Muslim Wakf Property...


Mar 14 2001

P.P.H.C. of A.P. Vs. Mohd. Mansoor and ors.

Court: Andhra Pradesh

Decided on: Mar-14-2001

Reported in: 2001(1)ALT(Cri)275; 2001CriLJ3169

ORDERT. Ch. Surya Rao, J. 1. The State through the Public Prosecutor assails the Order dated 29.08.2000 passed by the learned Metropolitan Sessions Judge, Hyderabad, in Crl.M.P. No. 820 of 2000 in Sessions Case No. 276 of 1999. 2. The factual matrix germane for an effective adjudication of the matter may be set forth thus: The Inspector of Police, Task Force, on a tip off from the Delhi Police along with his team accompanied by Delhi Police proceeded to the Electrical Shop situated at Toli Chowk, found A-10 therein, questioned his complicity when A-10 said to have made a confession before him pursuant to which he seized certain articles under the cover of a panchanama. On a letter addressed by him informing, inter alia, the action taken by him that far, to the Deputy Commissioner of Police, Detective Department, Hyderabad, who is competent to investigate into such offences, the crime has been registered by the Assistant Commissioner of Police, White Collar Offences, Central Crime Stati...


Mar 13 2001

V.V. Ramana Reddy Vs. Chief General Manager, A.P. Circle, Bharath Sanc ...

Court: Andhra Pradesh

Decided on: Mar-13-2001

Reported in: 2001(3)ALD50; 2001(3)ALT435; [2001(90)FLR1013]

ORDERSatya Bratha Sinha, CJ.1. This writ petition arises out of a common order dated 1-3-2001 passed by the Central Administrative Tribunal in OA Nos.283 and 284 of 2001 whereby and whereunder the learned Tribunal has dismissed the original applications filed by the petitionerherein and one P. Anjaneyulu. Aggrieved by the said order of the learned Tribunal the applicant in OA No.283 of 2001 lias preferred this writ petition. 2. The petitioner herein, in the said original application, inter alia questioned an order dated 12-2-2001 passed by the respondents transferring him from Karimnagar to Srikakulam. The said order of transfer reads thus : 'No.TA/STB/1-5/93/KAA/IV dated 12-2-2001Sub :--Transfers and postings in the cadre of TOA (a)/SS(O) under Rule 37 of P&T; Manual, Volume IV - Reg. The Chief General Manager, BSNL, A.P. Telecom Circle, Hyderabad has ordered the following transfers and postings under Rule 37 of P&T; Manual, Volume IV with immediate effect : 1. Sri V.V. Ramana Reddy, ...


Mar 13 2001

Bhel Higher Secondary School Non-teaching Employees Union Vs. Bhel Ram ...

Court: Andhra Pradesh

Decided on: Mar-13-2001

Reported in: 2001(3)ALD357; 2001(4)ALT333; (2002)IIILLJ465AP

ORDERS.B. Sinha, C.J.1. This writ appeal by the appellant-writ petitioner is directed against the order of the learned single Judge whereby whereunder the writ petition filed by the appellant herein for the relief that the members of petitioner-union be absorbed in the respective equivalent categories in other departments under the control of the 1st respondent company was dismissed.2. In the writ petition the appellant-petitioner sought for the following relief:'to issue an order, direction or writ particularly one in the nature of writ of mandamus or any other appropriate writ declaring the action of the 1st respondent in not transferring the members of the petitioner-union to the posts of Head Clerk, Junior Assistant, lab Attendant and other Class-IV in the equivalent category in other category/departments consequent on the policy decision to reduce the strength of the students in,a phased manner in BHEL Higher Secondary School as illegal and arbitrary and consequently direct the re...


Mar 13 2001

Kommu China Saidaiah and Another Vs. Jallela Gangamma and Another

Court: Andhra Pradesh

Decided on: Mar-13-2001

Reported in: 2001(4)ALD322; 2001(3)ALT421

ORDER1. This revision petition is filed against the order dated 9-10-2000 passed by the trial Court in IA No.614 of 2000 in OS No.244 of 1996.2. The petitioners are defendants in the suit. They filed the present IA under Order 8, Rule 6-A of CPC seeking the Court to accept the counter claim of cancellation of registered sale deed No.3138/1977. The trial Court dismissed the same as not maintainable. Hence the revision. For the sake of convenience, the parties shall be referred to as per the ranking assigned to them in the suit.3. The suit was filed for permanent injunction against the defendants. The plaint averments are that the plaintiffs are the absolute owners and possessors of the suit land to an extent of Ac. 1-30 guntas each in Sy.No.384 of Chintapally revenue village; that when the defendants were trying to interfere with the peaceful possession and enjoyment of their property, the present suit was filed for permanent injunction.4. The boundaries of the suit schedule property as...


Mar 13 2001

Veeramallayyagari V. Sitaram Vs. Payala Chandrasekhar, Minor Guardian ...

Court: Andhra Pradesh

Decided on: Mar-13-2001

Reported in: 2001(6)ALD143

1. In the Appeal Suit as well as Transferred Appeal suits, the appellants are aggrieved by the common judgment and the decrees dated 11.11.1981 in four different suits. It is convenient to dispose of all the four appeals by this common Judgment.2. A.S.No.3025 of 1982 (which may be treated as main appeal) arises against the Judgment and decree in O.S.No.1 of 1977 (which is the main suit) on the file of the Court of Subordinate Judge, Madanapalle and Tr. Appeal Nos.3519, 3520 and 3521 of 1985 arise against O.S.Nos.32 of 1978, 30 of 1978 and 32 of 1978 respectively on the file of the said Court. All the four suits are concerned with all or some of the items of the properties owned by one Payala Kondappa (also described as kondaiah) of Somula village near Madanapalle, Chittoor district. The items of properties include dry lands, wet lands as well as house site. Alt the parties in all the suits are closely related either by birth in the same family or by marriage. During the pendency of the...


Mar 13 2001

Shoba Rani and ors. Vs. New India Assurance Co. Ltd. and anr.

Court: Andhra Pradesh

Decided on: Mar-13-2001

Reported in: 2002ACJ1682; 2001(3)ALT739

Motilal B. Naik, J.1. This appeal is directed against the order and decree dated 26-6-1999 made in O.P. No. 533 of 1994 by the Motor Accidents Claims Tribunal-cum-District Judge, Nizamabad whereby the claim of the appellants herein seeking a compensation of Rs. 10,00,000/- for the death of S. Jitendarnath, husband of first appellant and father of appellants 2 to 4 in an accident which took place on 31-12-1993, is dismissed.2. The brief averments in O.P. No. 533 of 1994 which was filed by the appellants-claimants on the file of the Tribunal below are traced as under:Appellant No. 1 is the wife of late S. Jitendarnath and appellants 2 to 4 are their children. Late S. Jitendarnath was aged 40 years and was earning Rs. 6,150/- as Agricultural Officer and he was contributing his entire earnings for the maintenance of his family. On 31-12-1993, at about 9.00 p.m. the deceased Jitendarnath was going on his motor cycle from Varni side towards Nizamabad. On the way, a Maruti car bearing No. A.P...


Mar 13 2001

Shoba Rani and ors. Vs. New India Assurance Co. Ltd.

Court: Andhra Pradesh

Decided on: Mar-13-2001

Reported in: III(2003)ACC670

Motilal B. Naik, J.1. This appeal is directed against the order and decree dated 26th June, 1999 made in O.P. No. 533 of 1994 by the Motor Accident Claims Tribunal-cum-District Judge, Nizamabad whereby the claim of the appellants herein seeking a compensation of Rs. 10,00,000/- for the death of S. Jitendarnath, husband of the appellant No. 1, father of appellant Nos. 2 to 4 in an accident which took place on 31st December, 1993, is dismissed.2. The brief averments in O.P. No. 533 of 1994 which was filed by the appellant-claimants on the file of the Tribunal below are traced as under:Appellant No. 1 is the wife of late S. Jitendarnath and appellant Nos. 2 to 4 are their children. Late S. Jitendarnath was aged 40 years and was earning Rs. 6,150/- as Agricultural Officer and he was contributing his entire earnings for the maintenance of his family. On 31st December, 1993, at about 9 p.m. the deceased Jitendarnath was going on his motor cycle from Varni side towards Nizamabad. On the way, ...


Mar 12 2001

Karanam Radha Krishnaiah and Others Vs. Mandal Executive Magistrate an ...

Court: Andhra Pradesh

Decided on: Mar-12-2001

Reported in: 2001(2)ALD642; 2001(2)ALT329

ORDER1. These writ petitions may be disposed of by a common order, as common questions arise for consideration in all of them. The gravamen of the complaint is similar in nature. The cause of action is one and the same.2. The petitioners claim to be the true and absolute owners of the lands in question located in various Sy Nos. of Krishnapatnam village, Muthukur Mandal, Nellore District. The petitioners in proof of their ownership and possession of the said lands rely upon various revenue records including Adangal and Settlement registers etc. It is not necessary to notice the details of the claim, as it may not have any bearing whatsoever upon the issues that arise for consideration in the instant writ petitions. The Court may as well proceed on the assumption that the petitioners are the owners of the lands in question and consider as to whether the petitioners are entitled for any relief as such from this Court.3. There is no dispute whatsoever that the said lands are classified as...


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