Andhra Pradesh Court December 2002 Judgments
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L.K. Phanesh Babu and anr. Vs. Mohd. Akbar and anr.
Court: Andhra Pradesh
Decided on: Dec-27-2002
Reported in: 2003(1)ALD778
ORDERS. Ananda Reddy, J. 1. This Transfer CMP is filed by the petitioners, who are respondents in RCC No. 350 of 2000 seeking to transfer the same from the file of the II Additional Rent Controller, Hyderabad to the file of the XIII Additional Chief Judge, CCC, Hyderabad to be tried along with O.S. No. 527 of 2001 filed by the present petitioners against the respondents herein for specific performance of an agreement of sale.2, It is stated that the respondents 1 and 2 filed RCC No. 350 of 2000 against the Petitioners' father impleading him as the sole respondent when he was alive and eviction was sought for on the ground of wilful default in payment of rents, bona fide requirement of the premises for the petitioners therein and denial of title by the respondent/tenant. Apart from seeking vacant possession from the respondent, it is also sought for direction for arrears of rent in a sum of Rs. 50,704/-, in addition for direction to pay the future rents of Rs. 532/-per month from the da...
Rajendra Pratap Bhanj Deo Vs. Regu Mahesh @ Regu Maheswar Rao and anr.
Court: Andhra Pradesh
Decided on: Dec-27-2002
Reported in: 2003(2)ALD304
L. Narasimha Reddy, J.1. This application is filed by the 1st respondent in the Election Petition, under Order VI Rule 16 and Order VII Rule 11 read with Section 151 of Code of Civil Procedure (CPC) and Section 86 of the Representation of the People Act (43 of 1951) (for short 'the Act'), to reject and dismiss the Election Petition, on the ground that the same does not disclose cause of action and does not conform to the provisions of Section 83 of the Act. The parties are referred to as arrayed in the Election Petition.2. The petitioner, Regu Mahesh @ Regu Maheshwar Rao, an Advocate, practising at Saluru, Vizianagaram District, filed Election Petition No. 14 of 1999, seeking a declaration that the election of the 1st respondent, Sri Rajendra Pratap Bhanj Deo, to the Legislative Assembly in the State of Andhra Pradesh, from the 10-Saluru (ST) Legislative Assembly Constituency, in the elections held on 6-10-1999, as void and set aside the same.3. The facts pleaded by the petitioner are ...
Secretary to Government of India, Ministry of Labour and anr. Vs. Regi ...
Court: Andhra Pradesh
Decided on: Dec-27-2002
Reported in: 2003(1)ALD773; 2003(2)ALT190
B. Seshasayana Reddy, J. 1. This writ petition is directed against the order dated 16-2-1999 passed in O.A. No. 1130 of 1997 on the file of Central Administrative Tribunal, Hyderabad Bench at Hyderabad, whereby the learned Central Administrative Tribunal, Hyderabad Bench at Hyderabad (for short CAT) allowed the application filed by Mr. A.R. Naidu and directed the writ petitioner to allow the benefit of added years of service in accordance with law to the applicant.2. The writ petitioner herein is Respondent-1 in O.A. No. 1130 of 1997. The said O.A. is filed by Mr. AR. Naidu (Respondent-2 herein) seeking the following relief:'In view of the above, the applicant prays that this Honourable Tribunal may be pleased to direct the respondent-authorities to add qualifying service to his 30 years, 4 months and 12 days to make full qualifying service of 33 years to grant him full pension and other benefits which are consequential and incidental to the same besides granting other appropriate bene...
The Public Prosuector, High Court of A.P. Vs. Tatikayala Veeranna
Court: Andhra Pradesh
Decided on: Dec-27-2002
Reported in: 2003(1)ALD(Cri)283; 2003(1)ALT(Cri)337
ORDERP.S. Narayana, J.1. The petitioner filed this Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973, hereinafter in short referred to as 'Code', praying for calling for the records in Crl.M.P. No. 1604/2002 dated 16-5-2002 on the file of Additional Judicial First Class Magistrate, Tadepallegudem, as confirmed in Crl.R.P. No. 32 of 2002 on the file of Sessions Judge, Eluru, West Godavari and quash the same.2. The facts in nutshell are that the respondent/accused was arrested and remanded to judicial custody on 1-5-2002 and subsequent thereto the Inspector of Police filed an application Crl.M.P. No. 1604/2002 for Police custody of the respondent/accused on 13-5-2002 and the counsel representing the respondent/accused requested time to file counter and the matter was adjourned to 16-5-2002. It was further stated that the learned Magistrate refused to give the respondent/accused to Police custody as the period of fifteen days contemplated under Section 167(2) of ...
M. Raj Kumar Vs. Shriram Chits Ltd. and ors.
Court: Andhra Pradesh
Decided on: Dec-27-2002
Reported in: 2003(1)ALT751
ORDER1. This Civil Revision Petition is directed against the order of the learned Senior Civil Judge, Sathupalli dated 3-10-2002 in I.A.No. 332 of 2002 in O.S.No. 21 of 2002 refusing to condone delay of 17 days in giving notice of appearance of the defendant No. 1 who is the revision petitioner herein, to the plaintiff.2. The 1st respondent-plaintiff filed O.S.No. 21 of 2002 against the defendants under Order 37 Rules 1 and 2 of the Code of Civil Procedure (for short 'the Code') for recovery of money basing on certain chit transactions. As it is a summary suit, the 1st defendant ought to have put his appearance within a period of 10 days from the date of receipt of summons. The revision petitioner-1st defendant made his appearance through his advocate by filing a vakalat into Court on 6-7-2002. As there was a delay of 17 days in putting his appearance, he filed an application under Order 37 Rule 3 (7) of the Code. The Court below dismissed the said application holding that there is no ...
Ch. Sanjeeva Reddy Vs. Senior Civil Judge and anr.
Court: Andhra Pradesh
Decided on: Dec-27-2002
Reported in: 2003(6)ALT559
ORDERGhulam Mohammed, J.1. This civil revision petition is filed under Article 227 of the Constitution aggrieved by the inaction on the part of the learned Senior Civil Judge at Manthani, in not pronouncing the judgment in C.M.A.No. 6 of 2002 after hearing the parties and after reserving the matter for judgment.2. The case of the petitioner is that he preferred C.M.A.No. 6 of 2002 under Order 41, Rule 1 and 2 CPC aggrieved by the order dated 2-7-2002 passed in I.A.No. 114 of 2002 in O.S.No. 28 of 2002 by the Junior Civil Judge, Manthani, in dismissing the said IA filed seeking interim injunction pending disposal of the suit filed for perpetual injunction against the respondents. The grievance of the petitioner is that the Court below having heard the counsel on both sides on merits, reserved the matter for judgment, but could not pronounce the judgment till this date, causing irreparable loss and prejudice to the petitioner, therefore this present civil revision petition under Article ...
Addala Lakshmi Vs. Smt. G. Subhadramma
Court: Andhra Pradesh
Decided on: Dec-27-2002
Reported in: I(2004)ACC363
G. Bikshapathy, J.1. In this appeal, an important question as to the interpretation of Section 166 of Motor Vehicles Act arises for consideration.Before delving into the legal aspects, it is necessary to refer to the facts leading to the filing of the appeal.2. One Mr. Addala Narayana Murthy Raju was employed as driver on the bus belonging to the 1st respondent herein namely Smt. G. Subhadramma. On 7th April, 1996 at about 9.45 p.m., while the bus was plying from Sarika to Vizianagaram, it turned turtle at Zonnalavalasa Railway Gate and in the said accident Addala Narayana Murthy Raju died while on duty. Therefore, legal representatives laid a claim for compensation under Sections 164 and 166 of Motor Vehicles Act.3. The Tribunal recorded a finding that the deceased Murthy had died due to his own rash and negligent driving of the bus and the Tribunal, however, assessed the compensation at Rs. 63,000/- and awarded the same against the owner as well as the insurer by an Order dated 30th ...
Meka Rajyalakshmi Tayaramma Vs. State of A.P. and anr.
Court: Andhra Pradesh
Decided on: Dec-26-2002
Reported in: 2003(1)ALD665; 2003(2)ALT147
Dubagunta Subrahmanyam, J. 1. This writ petition is filed to call for the records connected with the G.O. Rt. No. 770, Panchayat Raj and Rural Development (PRDGS.IV) Department, dated 10.5.2002 and the Declaration in Government Memo No. 3682/2001-18 3682/2001-18 P.R & R.D.(Prog.IV/A2) Department dated 10.5.2002 passed by the Secretary to Government, Panchayat Raj and Rural Development Department, Hyderabad.2. This writ petition originally came up for hearing before a learned Single Judge of this court. Before the learned Single Judge (Mr. Justice J. Chelameswar) a decision of another learned Single Judge (Ms. Justice S.V. Maruthi) of this Court reported in Goverdhanlal Pitti v. The State of A.P., 1999 (1) LS 161 was cited. In the said decision the learned Single Judge held that exercise of power under the Land Acquisition Act, to defeat the decree of a Civil Court would be an act vitiated by malice in law. Differing with the above decision, a reference was made by the learned Single Ju...
Andhra Evangelical Luthern Church and ors. Vs. B. Syamsundar and ors.
Court: Andhra Pradesh
Decided on: Dec-26-2002
Reported in: 2003(2)ALD191
ORDERJ. Chelameswar, J.1. These three civil revision petitions are filed under Article 227 of the Constitution of India against various interlocutory orders passed by the learned Senior Civil Judge, Guntur in I.A. No. 1279 of 2002, I.A. No. 1278 of 2002 and I.A. No. 1277 of 2002 in O.S. No. 350 of 2002 by separate orders dated 17-9-2002. 2. The facts of the case are that the first petitioner herein is alleged to be an ecclesiastical body registered under the Societies Registration Act, 1860 and the other petitioners are the defendants and the respondents herein are the plaintiffs in the above mentioned suit. The first petitioner admittedly is a religious organisation with its Headquarters located at Guntur. The first petitioner-society is brought into existence with the main object of spreading 'Gospel to the masses'. As part of its activity the first petitioner established several prestigious educational institutions, hospitals, training centres etc. The petitioners 5 to 8 are some of...
V. Ramajogeswara Rao Vs. Sri Someswara Swamy Temple and anr.
Court: Andhra Pradesh
Decided on: Dec-26-2002
Reported in: 2003(1)ALD(Cri)319; 2003(2)ALT(Cri)153; 2003CriLJ2159
ORDERS.R.K. Prasad, J.1. The petitioner, who is said to be member of founder's family of Sri Someswara Swamy Temple at Sajjapuram, Tanuku, West Godavari District, seeks quashing of the orders dated 2-11-2001 in C. R. P. No. 55 of 1999 on the file of the I Additional Sessions Judge, West Godavari District, Eluru, confirming the orders dated 22-6-1999 passed in Crl. M.P. No. 6 of 1999 on the file of the II Additional Judicial Magistrate of First Class, Tanuku. Suffice it to say that on the strength of the certificate issued by the Deputy Commissioner of Endowments under Section 133 of A. P. Charitable and Hindu Religious Institutions & Endowments Act, 1987 (Act No. 30 of 1987), hereinafter referred to as 'the Act', the II. Additional Judicial Magistrate of First Class, Tanuku, entertained Crl. M. P. No. 6 of 1999 and issued notice to the petitioner and subsequently it was ordered. Against the said order, a revision in C. R. P. No. 55 of 1999 was preferred before the I Additional Sessions...
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