Andhra Pradesh Court August 2001 Judgments
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Bathula Venkatamma Vs. Voggu Mahendra Gupta and anr.
Court: Andhra Pradesh
Decided on: Aug-09-2001
Reported in: 2001(5)ALT693
ORDERP.S. Narayana, J. 1. This Civil Revision Petition is directed against the order made in I.A. No. 662 of 1996 in O.S. No. 128 of 1996 on the file of the Junior Civil Judge, Podili. The revision petitioner is the 1st defendant in the suit. The plaintiffs-respondents filed a suit for declaration of title and mandatory injunction relating to the plaint-schedule property. An ex-parte decree was passed on 10.6.1996 and the revision petitioner-1st defendant filed I.A. No. 662 of 1996 to condone the delay of 150 days in filing an application to set aside the ex-parte decree under Order IX Rule 13 of the Code of Civil Procedure (for short 'the Code') on the ground that the revision petitioner was suffering from Epilepsy and a medical certificate was also enclosed in this regard to explain sufficient cause. The application was resisted by the respondents-plaintiffs and ultimately the Court below had dismissed the application. Aggrieved by the same, the revision petitioner-1st defendant file...
Baldevraj Sharma and anr. Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Aug-09-2001
Reported in: II(2002)ACC66; 2001(2)ALD(Cri)435; 2001(2)ALT(Cri)267; 2002CriLJ2105
ORDERT.Ch. Surya Rao, J.1. Since common questions of law and fact are involved in both these petitions, they can be heard and disposed of together.2. Both the petitioners herein claiming to be the owners of two lorries bearing Nos. AP 10U 2646 and AP 10T 1521 sought interim custody of those two vehicles when they had been seized and produced before the Court of the Additional Judicial Magistrate of First Class, Bohongir. They filed two Crl.M.P.Nos.3209 and 3181 of 2001 in Crime No.30 of 2001. Under separate orders, the learned Magistrate directed both the vehicles to be released and given custody of temporarily in favour of the petitioners on the condition of the petitioners each executing a bond for an amount of Rs.1.5 lakhs with two sureties for a like sum each and also on the petitioners undertaking not to mortgage or sale the said vehicles or change their physical features and to produce the vehicles before the Court as and when required by it. 3. Having been aggrieved by the condi...
Nagarapu Venkata Rama Rao Vs. Nagarapu Lakshmipathi Rao and ors.
Court: Andhra Pradesh
Decided on: Aug-09-2001
Reported in: 2002(3)ALT96
ORDERP.S. Narayana, J. 1. These three Civil Revision Petitions are filed against the common order made in I.A.Nos.1651/93, 1653/93 and 1655/95 in O.S.Nos.685/91, 687/91 and 99/92, respectively, on the file of Principal Junior Civil Judge, Rajahmundry.2. The facts in brief are that the parties to the litigation referred supra filed compromise petitions on 21-9-1992 and on 22-9-1992 and all the parties appeared before the Court and their Advocates also appeared and the parties admitted the terms and conditions of the compromise and as per the docket order dated 22-9-1992, the compromise was not recorded on the same day and it was posted for hearing from time to time and the matters were adjourned. While the matters were being adjourned, after some time, the respondents filed I.A.no.1651/93 in O.S.No.685/91, I.A.No.1653/93 I No.s.No.687/91 and I.A.No.1655/95 in O.S.No.99/92, not to record compromise and also I.A.Nos.1652/93 in O.S.No.685/91, I.A.No.1654/93 in O.S.No.684/91 and I.A.No.1656...
Shaik Mehtab Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Aug-09-2001
Reported in: 2001(2)ALT(Cri)324; 2002CriLJ1421
V. Eswaraiah, J.1. This Criminal Appeal is filed by the sole accused against the judgment dated 9-11-1995 in S.C. No. 154/1994 on the file of the Assistant Sessions Judge, Bodhan, in convicting him for the offence under Section 376, IPC to undergo Rigorous Imprisonment for 7 years and to pay a fine of Rs. 300/-, in default, to undergo simple imprisonment for 2 months.2. The case of the prosecution is that the prosecutrix while returning from Bhanswada after attending shandy on 13-8-1992 at about 7-00 p.m. by walk to Durki village and the accused came all of a sudden and dragged her into the nearby bushes by the side of the road and fell her down and committed rape on her forcibly and the said incident was witnessed by independent witnesses and the matter was reported to the Village Administrative Officer of Someswar and who in turn gave a complaint to the P.S. and the police investigated into the matter.3. The prosecution examined PW. 1 to PW. 10 and marked Ex. P-1 to P-6 and M.Os. 1 a...
State of Andhra Pradesh Vs. B. Prashanth and Another
Court: Andhra Pradesh
Decided on: Aug-08-2001
Reported in: 2001(5)ALD473
ORDERS.R. Nayak, J.1. These three writ petitions arise out of the claim of the 1st respondent in each of these writ petitions that they should be appointed as Probationary Revenue Inspector with effect from the date on which the substantive vacancies in the permanent cadre arose in the category of Senior Assistants, in terms of Rule 11(i)(ii) of Annexure-IV to Rule 29(2) of the A.P. Ministerial Service Rules. The 1st respondents filed OA Nos. 41887 of 1991, 6168 of 1994 and 6689 of 1994 before the Andhra Pradesh Administrative Tribunal, for short 'the Tribunal' assailing the validity of the final Seniority list of the Senior Assistants prepared by the concerned District Collectors and also claiming seniority in terms of provisions of paragraph 11(i)(ii) of Annexure-IV to Rule 29(2) of the A.P. Ministerial Service Rules. The learned Tribunal allowed the applications and directed the petitioners herein to fix the seniority of the 1st respondent in the category of Senior Assistants keepin...
Gonugunta Gopala Krishna Murthy Vs. Uppala Jwala Narasimham and Anothe ...
Court: Andhra Pradesh
Decided on: Aug-08-2001
Reported in: 2001(5)ALD787; 2001(5)ALT788
ORDER1. This CRP is filed against the order dated 26th April, 1996 in CFR No.1248 in OS No.18 of 1996 on the file of learned Subordinate Judge, Kandukur. 2. The above suit was filed for specific performance of contract praying the Court to pass a judgment and decree in favour of the plaintiff directing the defendants to execute a regular registered sale deed in respect of the suit schedule property after receiving the balance of sale consideration and deliver the vacant possession of the property to the plaintiff, failing which the plaintiff should be at liberty to get the same done through the process of the Court and further sought a direction to restrain the defendants, their men, heirs and assignees from raising any super structures in the schedule property bymeans of permanent injunction and to pay costs of the suit. 3. The above suit was filed on the basis of an agreement of sale dated 1-3-1996 entered into between the petitioner/ plaintiffand the respondents/defendants. The lear...
The Secretary, A.P. Residential Educational Institutions Society and a ...
Court: Andhra Pradesh
Decided on: Aug-08-2001
Reported in: 2001(5)ALT116; (2002)IIILLJ83AP
1. These two Writ Appeals are directed against the common order of the learned single Judge in W.P.No.27625 and 27624 respectively whereby and where under the learned Judge disposed of the writ petitions with certain directions. 2. For convenience sake, the parties may be referred to by their status in the Writ Petitions. 3. Briefly noted, the facts are:The petitioners in both the writ petitions are working as either Cooks or Helpers in the Hostel attached to Silver Jubilee Govt. Residential Degree College, Kurnool on daily wage basis. While the petitioners in W.P.No.27524 of 1996 were appointed during the period between 1972 and 1987, the petitioners in W.P.No.27625 of 1996 were appointed in 1990. In respect of petitioners 2 and 3 in W.P.No.27524 of 1996, the writ petition was filed by their sons as the Legal Representatives of the deceased employees. The grievance of the petitioners is that though they had completed more than five years of service, their services have not been regula...
K. Bathi Reddy Vs. V. Chenchu Reddy
Court: Andhra Pradesh
Decided on: Aug-08-2001
Reported in: 2001(6)ALT114
ORDERB.S.A. Swamy, J.1. The petitioner, who is the Judgment-Debtor, filed this revision petition aggrieved by the orders dated 29th June, 2001 passed in E.A.NO. 149 of 2000 in E.P.No. 10 of 1999 in O.S.No. 4 of 1996 on the file of Senior Civil Judge, Srikalahasti, refusing to give set off for the amounts paid by him to the credit of E.P.No. 10 of 1997 arising out of O.S.No. 34 of 1995 filed by State Bank of India, Srikalahasti.2. Heard both the Counsel.3. The facts of this case are very interesting. Mr. V. Chenchu Reddy, the decree-holder in this suit, has taken a term loan from State Bank of India, Srikalahasti, by mortgaging the title deeds of the mill in the year 1984. During the subsistence of the mortgage, he sold half of the share to the petitioner herein for a consideration of Rs. 7,02,000/- under Ex.A-1 dated 25-12-1992. Though it is stated that the entire sale consideration was paid in cash, it appears that the petitioner paid Rs. 5,02,000/- in cash and executed a promissory n...
Sethu Laxmi Traders Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Aug-08-2001
Reported in: [2002]127STC593(AP)
S. Ananda Reddy, J.1.This tax revision case is at the instance of the dealer, directed against the order of the Sales Tax Appellate Tribunal dated June 29, 1992 in T.A. No. 476 of 1988 for the assessment year 1980-81.2. The assessee is a dealer in pulses and is registered on the rolls of the Commercial Tax Officer, Maharajgunj Circle, Hyderabad. The assessee filed its monthly returns in form No. A-2 for the year 1980-81 disclosing its total turnover as well as exempted turnover. Basing on those returns the Commercial Tax Officer framed the assessment granting exemption in respect of the second sales of dal. The Deputy Commissioner, in exercise of his revisional powers under Section 20(2) of the Andhra Pradesh General Sales Tax Act, 1957 (hereinafter referred to as 'the Act'), issued show cause notice dated April 8, 1986, The said show cause notice was as a result of the action of the department in cancelling the registration certificate of Sanjay Traders, Agapura, with effect from Apri...
Shrimad Sudhindra Thirtha Swamy Vs. Sri Kasi Math Samsthan, Tirumala, ...
Court: Andhra Pradesh
Decided on: Aug-07-2001
Reported in: 2001(5)ALD497; 2001(6)ALT329
ORDERP.S. Narayana, J 1. This batch of civil miscellaneous appeals and civil revision petitions arise out of the different interlocutory orders passed in OS No.34 of 2000 on the file of the III Additional District Judge, Tirupathi. Since both the parties have filed the civil miscellaneous appeals and civil revision petitions, the parties hereinafter will be referred to in their position as arrayed in OS No.34 of 2000 on the file of the III Additional District Judge, Tirupathi.2. At the outset, we may observe that the dispute relates to the office of Matadhipathi of Sri Kashimath Samsthan. It is really unfortunate that the spiritual and religious preachers, who are expected to be pious and devotional, are involving in litigations of this nature. Mathi in fact has been the most important institution relating to Hindu religious system. The word 'mata' is defined as a hut of an ascetic or student, a monastic school or college and Matadhipathi is defined as the head of such institution. See...
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