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Andhra Pradesh Court October 2002 Judgments

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Oct 22 2002

M.L. Ramalakshmi Vs. Government of A.P. and ors.

Court: Andhra Pradesh

Decided on: Oct-22-2002

Reported in: 2003(1)ALD139

ORDERL. Narasimha Reddy, J. 1. The petitioner is the owner of the property bearing D. No. 10/61, situated at T.S. No. 8/1, Ward No. 3, Block H, Tirumala Hills, Chittoor District. The premises comprise of commercial as well as residential portions. The same is sought to be acquired by the respondents. Notification under Section 4(1) of the Land Acquisition Act (for short 'the Act') was published in the Gazette on 13-6-2001. Enquiry under Section 5A of the Act was held. The petitioner submitted a detailed representation during the course of enquiry under Section 5A. The respondents ultimately issued and published declaration under Section 6 of the Act on 16-7-2002. The petitioner challenges the validity of the proceedings on several grounds.2. It is mainly contended that the notification under Section 6 of the Act was issued beyond the time stipulated under the Act, mere existence of Master Plan was not sufficient unless the details thereof were furnished in the relevant notifications th...


Oct 22 2002

A. Gopala Reddi Vs. E. Jayarami Reddi (Died) by Lrs.

Court: Andhra Pradesh

Decided on: Oct-22-2002

Reported in: 2003(2)ALD112

V.V.S. Rao, J.1. The first defendant in O.S. No. 188 of 1980 on the file of the Court of the Additional Subordinate Judge, Tirupati, is the appellant. The co-defendants in the said suit are shown as respondents 8 and 9 in this appeal. The suit was initially filed by one E. Jayarami Reddi. During the pendency of the suit, he died and respondents 2 to 7 herein were added as his legal representatives by order dated 17-1-1986 in I.A.No. 1577 of 1985. The suit was filed for dissolution of firm and rendition of accounts of M/s. Karuna Oil Mills, Mallamgunta. The learned trial Judge, by judgment and decree dated 21-4-1987 decreed the suit with costs and passed apreliminary decree dissolving the firm with effect from 1-1-1981 and further directed the first defendant/appellant to render accounts to other partners for the period from 19-4-1979 to 1-1-1981. 2. The plaintiff, EJayarami Reddi filed the suit alleging that so as to construct the factory of M/s.Karuna Oil Mills, Mallamgunta, to carry ...


Oct 22 2002

S. Subba Rao and ors. Vs. Abdul Gafar

Court: Andhra Pradesh

Decided on: Oct-22-2002

Reported in: 2003(6)ALT682

P.S. Narayana, J.1. The unsuccessful defendants in O.S. No. 145 of 1980 on the file of the Subordinate Judge, Machilipatnam had preferred the present appeal being aggrieved by the judgment and decree dated 4-8-1986 made therein.2. The respondent in the appeal is the plaintiff in the said suit. The respondent-plaintiff filed a suit for recovery of Rs. 18,089-29 ps. being the profits and interest due from the appellants-defendants relating to the schedule land for the years 1970 to 1979 and for costs of the suit.3. The parties had put in the respective pleadings and the issues were settled and the trial Court after recording the evidence of P.W. 1 and also D.Ws. 1 and 2 and marking Exs. A-1 to A-8 and also Exs. B-1 to B-12, on appreciation of both oral and documentary evidence, had decreed the suit for Rs. 9,724-95ps. with proportionate costs and with subsequent interest at 6% per annum on Rs. 5,750/- from the date of suit till realisation.4. The respective pleadings of the parties for t...


Oct 22 2002

Neuland Laboratories Limited and anr. Vs. Deputy Director, Enforcement ...

Court: Andhra Pradesh

Decided on: Oct-22-2002

Reported in: 2002(6)ALT512

AR. Lakshmanan, C.J. 1. Heard Mr. C.R. Sridharan for the appellants and Sri C.V. Ramulu, for the respondent.2. This Appeal is directed against the order passed by this Court in Writ Petition No. 20495 of 2002 even before admission on 11-10-2002. The order reads as follows:'AND WHEREAS the High Court upon hearing the arguments of Mr. C.R. Sridharan, Advocate for the petitioner directed issue of notice to the Respondent herein to show cause why this writ petition should not be admitted in the circumstances set out in the petition and the affidavit filed in writ petition.You viz;The Deputy Director, Enforcement Directorate (Foreign Exchange Management Act, 1999) Government of India, No. 9/1 Madras Bank Road, (Behind India Garage) Bangalore- 560 001 are directed to show cause as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this writ petition should not be admitted.The court while directing to post the matter immediately after Dassera...


Oct 22 2002

Mrs. Sivalenka Kamakshamma Vs. Nischint Constructions

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Oct-22-2002

P. Ramakrishnam Raju, President: 1. The complainant entered into an agreement dated 2.2.1994 with the first opposite party for purchase of flat No. 102 of an area of 2,197 sq. ft. in the ground floor of Ashwood Villa including undivided 100 sq. yards of land together with one parking place for a total consideration of Rs. 8,25,000/-. She paid the entire consideration on 1.2.1994. But the opposite parties who are the Construction Company, its proprietrix and her husband respectively failed to complete the construction within 12 months as agreed or deliver possession of the same. The complainant also paid a sum of Rs. 1,00,000/- for modifications and improvements as suggested by her in the apartment and obtained a receipt from the first opposite party on 25.3.1994. The third opposite party as G.P.A. executed a sale deed dated 20.5.1994 in favour of the complainant conveying the undivided share of 100 sq. yards. On raising protests by the complainant the third opposite party agreed to com...


Oct 21 2002

C.K. Kannan Vs. Sri Srinivasa Cotton Corpn.

Court: Andhra Pradesh

Decided on: Oct-21-2002

Reported in: 2003(1)ALT(Cri)72; [2003]42SCL132(AP)

C.Y. Somayajulu, J.1. This application is filed to quash the proceedings in C.C. No. 119 of 1999 on the file of the Court of the Additional Munsif Magistrate, Nandyal, instituted on a complaint filed by the 1st Respondent under Section 138 of the Negotiable Instruments Act (the Act) against the petitioner who is shown as A4.2. The contention of the learned counsel for the petitioner is that since there is no specific averment in the complaint showing the role played by the petitioner in the running of the company, that too when the petitioner resigned from the Directorship of the company on 25-7-1997, the complaint against the petitioner is liable to be quashed.3. The averments towards the end of para 3 of the complaint read :'The 2nd accused has issued the above cheques on behalf of Accused No, 1 with the consent and knowledge of accused 3, 4 and 5 and deceased one Kanakaratnam, who was the one of the Directors of the Accused No. 1. The complainant submits that all the accused have do...


Oct 21 2002

Shaik Munni Vs. Jagan Mohan Salt Industries and ors.

Court: Andhra Pradesh

Decided on: Oct-21-2002

Reported in: 2003(1)ALT112

ORDERGopalakrishna Tamada, J.1. The plaintiff in O.S. No. 26 of 1998 on the file of the court of Senior Civil Judge, Srikakulam, is the petitioner in C.M.P. No. 15114 of 2002, which is filed to vacate the interim order dated 15-5-2002 passed in C.M.P.No. 10005 of 2002 in A.S.No. 932 of 2002.2. The defendants in the said suit are the petitioners in the other petition i.e., C.M.P.No. 8596 of 2002, which is filed to suspend the operation of the judgment and decree in the suit.3. As the subject matter of the dispute in both the matters is one and the same, both the petitions are disposed of by this common order. For the sake of convenience and easy reference, the parties herein are referred to as they are arrayed in the suit.4. The factual matrix of the petitions and appeals are as follows: An extent of about 563 acres belonging to the Department of Salt, Government of India, was leased out to the plaintiff under a registered lease deed dated 13-4-1990 commencing from 27-2-1990 for a perio...


Oct 17 2002

Chess Association of Hyderabad Division of A.P. Chess Association and ...

Court: Andhra Pradesh

Decided on: Oct-17-2002

Reported in: 2003(1)ALD40; 2003(1)ALT37

ORDERE. Dharma Rao, J.1. The Chess Association of Hyderabad Division, represented by its President. B. Madhusudhan Reddy and six other District Chess Associations, viz., Medak District Chess Association, Sangeareddy, represented by its General Secretary G. Satyanarayana; Rangareddy District Chess Association, Borabanda, Hyderabad, represented by its General Secretary, C. Bapi Reddy, Khammam District Chess Association, Kothagudem, Khammam, represented by its General Secretary, Ch. Gopi Krishna; Nalgonda District Chess Association, Nalgonda, represented by its General Secretary, Ch. Venkateswarlu; Mahaboobnagar District Chess Association, Achampet. Mahaboobnagar, represented by its President, J. Ramalaxmaiah and Hyderabad District Chess Association, LB Stadium, Hyderabad, represented by its President, K. Kanna Reddy which are registered societies, filed this writ petition against the Government of Andhra Pradesh, Ministry of Sports and Games, the sponsor of the n World Cup Chess Tourname...


Oct 13 2002

Pamulapati Venkata Subbamma, Wife of Late Butchi Naidu, Rep. by Her G. ...

Court: Andhra Pradesh

Decided on: Oct-13-2002

Reported in: 2003(2)ALT4

Bilal Nazki, J.1. Heard the learned counsel for the parties. Two suits were tried together by the trial Court being O.S. No. 194 of 1997 and O.S. No. 294 of 1989. Suit being O.S. No. 194 of 1987 was filed for grant of letters of administration in favour of the 1st plaintiff authorizing him to administer the estate of the deceased Gogineni Chinnamayi. O.S. No. 294 of 1989 was filed for a declaration that all the plaint schedule properties, movable and immovable, belonging to the trust created by Gogineni Chinnamayi be given in possession to the plaintiff in accordance with a will and testament dt. 24.7.1983. Both the suits were tried together. 2. Shorn of the details, the facts relating to filing of both the suits are that one Gogoneni Chinnamayi who was the wife of late Venkattappaiah Chowdary died intestate. The property left behind by her became the bone of contention between her own relatives and the relatives of her husband. On the one hand the property was claimed by Venkattappaia...


Oct 11 2002

Kanaka Durga Boatmen and Sand Quarry Workers Labour Contract Co-operat ...

Court: Andhra Pradesh

Decided on: Oct-11-2002

Reported in: 2002(6)ALD274

ORDERL. Narasimha Reddy, J.1. The Zilla Parishad, West Godavari district, the 3rd respondent herein had issued notification dated 31-12-2001, inviting tenders for leasing out the ferryrights of Madhavayapalem Ferry across river Godavari. The ferry fall within the territorial limits of Narsapur Mandal Parishad. The procedure contemplated submission of sealed tenders as well as participation in open auction. The tenders were received and auction was held on 22-2-2002. The petitioner-Society claims to have emerged as the highest bidder. However, the same could not be proceeded with. Thereafter, another notification dated 31-3-2002 was issued and auctions were held in pursuance thereof on 17-4-2002. The petitioner claims to have offered his bid at Rs. 33,33,333-33 ps. in the negotiations held on 3-5-2002, which became the highest bid.2. The 4th respondent i.e., the Mandal Parishad has convened the meeting of General Body on 26-6-2002, accepted the offer of the petitioner and submitted the ...


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