Andhra Pradesh Court July 2001 Judgments
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Susheela and ors. Vs. Ahmad Bi and ors.
Court: Andhra Pradesh
Decided on: Jul-19-2001
Reported in: 2003ACJ1427; 2001(4)ALT749
Motilal B. Naik, J.1. The appellants herein are the claimants in O.P. No. 212 of 1991 on the file of the Motor Accidents Claims Tribunal-cum-District Court, Mahaboobnagar. One C.A. Dhananjayudu, a Branch Manager of Syndicate Bank working in Kolar Gold Field Branch in Karnataka State went to Hyderabad in a Matador van bearing No. ADO 2223 along with his family to attend a marriage function. On 17-1-1991 while returning to Kurnool in the same van around 10-30 p.m. on the National Highway No. 7 the driver of the van drove it in a rash and negligent manner in high speed, could not notice the parked lorry bearing No. TNB 5451 and dashed against the said parked lorry. As a result of the accident, the inmates of the van sustained serious injuries and initially they were taken to Government Hospital, Kurnool. However, on 20-1-1991 the said C.A. Dhananyajudu died in the hospital as a result of multiple injuries received by him in the accident.2. The first appellant is the wife, the appellants 2...
Kodangi Sethu Madhava Rao and Others Vs. Chakka Prabhar Rao and Anothe ...
Court: Andhra Pradesh
Decided on: Jul-18-2001
Reported in: 2001(5)ALD352; 2001(5)ALT632
ORDER1. Aggrieved by the order of eviction, dated 21-8-1998, passed by the learned Rent Controller (Junior Civil Judge), Palakol in RCC No. 24 of 1984 as affirmed by the learned Senior Civil Judge, Narsapur by order, dated 29-8-2000, in CMA No. 18 of 1998, this civil revision petition was filed.2. The facts are not in dispute. The first petitioner took the petition schedule building from the first respondent on a monthly rent of Rs. 300/- for a period of 5 years from 1-4-1976 to 31-3-1981 under a registered lease deed for running a canteen (hotel). During the subsistence of the said lease, he took the upstairs' portion of the petition schedule building on a monthly rent of Rs. 80/- under a registered lease deed, dated 24-8-1977. After expiry of the lease period, the first petitioner continued as tenant by enhancing the rent to Rs. 500/- per month from 1-10-19S2. While the case of the first respondent was that the first petitioner on 1-1-1984 executed fresh unregistered lease deed for a...
Maddala Venkateswara Rao Vs. Maddala Uma Sai Durga
Court: Andhra Pradesh
Decided on: Jul-18-2001
Reported in: 2001(6)ALD278
ORDER1. C.M.A. No. 2313 of 1998 and C.R.P. No. 1691 of 1999 arise out of a common order dated 8-7-1998 passed by the Family Court, Visakhapatnam in O.P.No. 532 of 1995 and M.C. No. 162 of 1997 respectively. Since the appeal and the revision arise out of a common order passed by the Court below, they are also being disposed of by this common order.2. For the purpose of convenience, the parties are addressed as husband andwife.3. Appellant in the CMA and petitioner in the CRP is the husband and the respondent is the wife. The husband instituted O.P. No. 532 of 1995 on the file of the Family Court, Visakhapatnam under Section 12(1)(a) of the Hindu Marriage Act seeking to declare his marriage with the wife as nullity on the ground of non-consummation of the marriage due to impotency of the wife. Whereas, the wife instituted M.C. No. 162 of 1997 under Section 125 of Cr.P.C. on the file of the Court below seeking maintenance from the husband.4. The material averments in O.P. No. 532 of 1995 ...
Nelapolu Pulla Rao and anr. Vs. Nelapolu Pulla Rao and 2 ors.
Court: Andhra Pradesh
Decided on: Jul-18-2001
Reported in: 2001(4)ALT600
ORDERP.S. Narayana, J.1. This letters patent appeal is directed against an order of the learned single Judge, made in CMP No. 16027 of 2000 in A.S.SR No. 55206 of 2000 dated 22.11.2000.2. The appellants are the petitioners-appellants in CMP No. 16027 of 2000 in A.S.SR No. 55206 of 2000. The appellants filed an application for condoning the delay of 3490 days in filing the appeal. The facts in brief are as follows:3. Respondent No.1 herein filed O.S. No. 156 of 1989 on the file of the learned Subordinate Judge, Kovvur for the relief of partition and the said suit was decreed in terms of compromise. The mother of the appellants filed another suit - O.S.No. 73 of 1991 - challenging the compromise decree on behalf of the minor sons and the said suit was dismissed on the ground that such suit cannot be maintained in view of the bar imposed by Order XXIII Rule 3A CPC. In the light of these events, appellants filed an appeal with an application to condone the delay of 3490 days against the co...
Dr. V. Rajeshwar Rao Vs. State Govt. of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Jul-18-2001
Reported in: 2001(4)ALT595
B. Prakash Rao, J.1. The petitioner herein is the defendant No.26, who is assailing the orders in LA. No.916 of 1998 in O.S. No.36 of 1986 dated 11-2-1998 on the file of the II Additional Senior Civil Judge, Ranga Reddy District, allowing the application purportedly filed by the respondent No. 1-plaintiff (the Government of Andhra Pradesh) under Section 7-A read with Section 8 of the A.P. Land Grabbing (Prohibition) Act, 1982 (for short 'the Act') to transfer the suit to the Special Tribunal constituted under the Act.2. The respondent No. 1-plaintiff filed the suit for declaration of title and injunction or alternatively for possession, if found not in possession in respect of the suit schedule property, on the claim that the suit lands are Government lands which were acquired by the then Nizam Government from the previous owners for the purpose of the University under the provisions of the Land Acquisition Act, 1309 Fasli and as per the award passed, the previous owners have also rece...
Veerappa Vs. Revenue Divisional Officer, Chittoor and anr.
Court: Andhra Pradesh
Decided on: Jul-17-2001
Reported in: 2002(5)ALD121
S.R. Nayak, J. 1. This writ appeal is directed against the judgment and order of the learned single Judge dated 26-4-2001 in Review WPMP No.5573 of 2000 and the order dated 14-12-2000 made in WP No. 11598 of 1994. 2. The appellant is the writ petitioner. The appellant filed the above writ petition for a writ of certiorari to quash the proceedings No.Roc.C/8096/91 of the Revenue Divisional Officer, Tirupathi, Chittoor District, dated 7-6-1994. 3. The background facts leading to the filing of the writ petition be noted briefly as under 4. The petitioner purchased Ac. 1.90 cents of agricultural land in Survey No.241/ 3 situated at Tiruchanoor village in Chittoor District from one Sri Kodanda Ramaiah under a registered sale deed dated 1-5-1970. The Inam Deputy Tahsildar, Tirupathi, on the application of the petitioner under Section 3 of the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956, (for short 'the Act') caused enquiry and by order dated 1-5-1984...
Society for Integrated Development in Urban and Rural Areas Vs. Commis ...
Court: Andhra Pradesh
Decided on: Jul-17-2001
Reported in: (2002)172CTR(AP)77; [2001]252ITR642(AP)
S.R. Nayak, J.1. In this writ petition, the petitioner who is an income-tax assessee has filed this writ petition assailing the validity and legality of the order passed by the second respondent, viz.. Deputy Commissioner of Income-tax, Circle 4(3), Hyderabad, dated May 29, 2001, made under Section 281B of the Income-tax Act, 1961, for short, 'the Act'. The prayer reads :'For the reasons stated in the accompanying affidavit, it is therefore prayed that this court may be pleased to issue any appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring the orders passed by the Deputy Commissioner of Income-tax, Circle 4(3), Hyderabad, in G. I. R. Nos. S 181, N 747, J 734 and S 601, dated May 29, 2001, in so far as attaching the bank accounts, movable and immovable properties of the society and its office-bearers when the assessment proceedings are still pending adjudication as illegal, arbitrary and unjustified and consequently set aside the sa...
B. Chinnaya Raju Vs. B.V. Rama Rao
Court: Andhra Pradesh
Decided on: Jul-17-2001
Reported in: 2001(6)ALT93
ORDERP.S. Narayana, J.1. This Revision is directed against an order passed in I.A.No.217 of 1998 in R.C.A.No.27 of 1995 on the file of the Principal Senior Civil Judge, Visakhapatnam dated 22-1-1998.2. The Revision Petitioner filed an application I.A.No.217 of 1998 in R.C.A.No.27 of 1995 under Section 25 of the A.P. Buildings (Lease, Rent and Eviction) Control Act 1960 (for short 'the Rent Control Act') to appoint an Advocate-Commissioner for verification of the State Bank of India and Treasury records as per the enclosed Xerox copy of chalan receipt for the month of June 1988 bearing No.977 in order to know whether the petitioner deposited rent for June 1998 in the interest of justice and equity. The court below by order dated 22-1-1998 had dismissed the said application as not maintainable under Sec.25 of the Rent Control Act. Aggrieved by the said order the present Revision is filed.3. Sri Ramgopal, the learned counsel appearing for the Revision Petitioner had made elaborate submiss...
M. Ravinder Raju Vs. S. Bansilal
Court: Andhra Pradesh
Decided on: Jul-17-2001
Reported in: 2001(5)ALT374
Ghulam Mohammed, J.1. This revision petition has been filed by the landlord under Section 22 of the A.P. Buildings (Lease, Rent & Eviction) Control Act, 1960 for short 'the Rent Control Act', aggrieved by the order dated 3.4.1995 passed in R.A.No.225 of 1994 on the file of the Additional Chief Judge, City Small Causes Court at Hyderabad, reversing the order of eviction passed in R.C.No.248 of 1987 dated 23.3.1994 by the IV Additional Rent Controller, Hyderabad.2. It is stated that the suit mulgi bearing No.2-4-948, Nimboli Adda, Hyderabad was let out to the respondent for the purpose of carrying on business on a monthly rent of Rs.80/-. The revision petitioner filed the R.C. No.248 of 1987 before the Rent Controller, Hyderabad, under sections 10(2)(v), and 3(iii) of the Rent Control Act seeking eviction of the respondent. It is stated that the respondent closed the mulgi for the last four years and he is not carrying on the business, that the respondent committed willful default in pay...
U.S.T. Industries Vs. Commercial Tax Officer and ors.
Court: Andhra Pradesh
Decided on: Jul-17-2001
Reported in: [2001]124STC715(AP)
ORDERS.R. Nayak, J. 1. In these two writ petitions the basic question that arises for decision is 'whether the goods purchased by the petitioner fall within the entry 2(xiii) or entry 2-A of Third Schedule to the Andhra Pradesh General Sales Tax Act, 1957 (for short 'the Act').'2. W.P. No. 15507 of 1993 is filed by the petitioner praying for writ of mandamus declaring the collection of sales tax by the Divisional Railway Manager, South Eastern Railway, Visakhapatnam, second respondent herein and the Controller of Stores, South Eastern Railway, Garden Reach, Calcutta, third respondent herein, on the iron scrap sold by them to the petitioner through public auctions as arbitrary and illegal and for a consequential direction to them to refund the amount of Rs. 11,12,393 collected by them in February and March, 1993 towards the sales tax ; whereas in W.P. No. 13301 of 2001, the petitioner sought for mandamus restraining the Commercial Tax Officer, Visakhapatnam, the respondent, from enforci...
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