Andhra Pradesh Court March 2002 Judgments
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Shridi Sai Steel Balu Complex and ors. Vs. State of A.P. and anr.
Court: Andhra Pradesh
Decided on: Mar-19-2002
Reported in: 2002(1)ALD(Cri)630; 2002CriLJ3193
ORDERDalava Subrahmanyam, J.1. The petitioners/accused filed the above criminal petitions under Section 482, Cr.P.C. to quash the criminal proceedings against them pending on the file of VI Metropolitan Magistrate, Visakhapatnam.2. The petitioners/accused are concerned in several criminal cases and all of them raised common question of law and fact and, therefore, the above petitions are clubbed and common order is passed.3. The brief facts leading to the filing of the petitions are as follows :The Karur Vysya Bank Limited, Shivajipalem Branch, Visakhapainam, the 2nd respondent in all the above petitions is the complainant and the complaints were filed against the petitioners/accused for the offences under Sections 138 and 142 of the Negotiable Instruments Act. It is contended that the 4th accused on behalf of the 3rd accused issued cheques in favour of the 1st accused drawn on the Vysya Bank Limited, Gajuwaka Branch, Visakhapatnam and the said cheques were discounted by the accused 1 ...
Dasari Anasuyamma and anr. Vs. B. Hanumanthappa and anr.
Court: Andhra Pradesh
Decided on: Mar-18-2002
Reported in: 2002(3)ALD821; 2002(3)ALT778; 2002(2)LS238
B. Prakash Rao, J. 1. Defendants 2 and 3 are the appellants, who are aggrieved against the judgment and decree in A.S.No.26 of 1987 dated 19-12-1989 on the file of the District Judge at Kurnool, reversing the judgment and decree in O.S.No.12 of 1980 dated 18-7-1986 on the file of the Subordinate Judge at Adoni.The respondents 1 and 2-plaintifs filed the suit for recovery of mortgage debt in pursuance of mortgage deed dated 7-2-1968. According to the plaint allegations, the defendants borrowed an amount of Rs.13,000/- on 7-2-1968 and executed a simple mortgage to repay the same with interest at 12% per annum. However, no amounts were paid. Hence the suit. 2. In defence, the execution of the deed was admitted. However, it was stated that there was partnership business between the plaintiffs and the defendants dealing in smuggling and black-marketing. When the defendant No.1 came out of the partnership, this deed was executed as a security from revealing the said activities though without...
P.S. Saleema Bee Vs. Secretary, State Transport Authority, A.P., Hyder ...
Court: Andhra Pradesh
Decided on: Mar-18-2002
Reported in: 2002(3)ALD304
ORDERV.V.S. Rao, J. 1. The petitioner made an application on 21-11-2000 before the 1st respondent seeking temporary permit in respect of the bus bearing No. TN. 28/Z 2345 on the inter-State route Anantapur to Chintamani via Dharmavaram. The 1st respondent by proceedings R. No. 18184/B1/98 dated 2-1-2001 rejected the application inter alia recording that the Andhra Pradesh State Road Transport Corporation, the 2nd respondent herein, obtained pucca permit valid upto 31-4-2002 in respect of bus bearing No. AP.9Z 7456 with one round trip and that the route overlaps the notified routes. The 1st respondent also placed reliance on Section 104 of the Motor Vehicles Act, 1988 (for short 'the Act').2. Aggrieved by the order of rejection dated 2-1-2001, the petitioner filed an appeal before the 3rd respondent-Tribunal on 6-2-2001. Along with the appeal he also filed an interlocutory application seeking direction to the 1st respondent to permit the petitioner to operate the petitioner's vehicle on...
C. Seetharamaiah and ors. Vs. Atmuri Dhananjaya Rao and Company, Machi ...
Court: Andhra Pradesh
Decided on: Mar-18-2002
Reported in: 2002(3)ALD427
S.R.K. Prasad, J.1. This second appeal is directed against the judgment and decree in AS No. 63 of 1984 on the file of III Additional District Judge, Guntur, confirming the judgment and decree passed in OS No. 1908 of 1980 by the V Additional District Munsif, Guntur.2. The factual matrix that lead to this Second Appeal can be briefly stated as follows:The respondent being the plaintiff instituted a suit for recovery of a sum of Rs. 4,925-70 ps., towards value of 11 bags of orid dal, purchased by him from the 1st appellant who is the 1st defendant on 19-11-1997. In support of the purchase, the plaintiff relied upon Exs.A3 and A4 cash bills issued to him on the very same day at the shop of the 1st defendant. Having received cash payment of a total sum of Rs. 3,624-50 ps., the commodity purchased could not be delivered to the plaintiff, as even before the plaintiff's agent or broker could reach the 1st defendant, there was outbreak of cyclone, resulting in destruction of the 1st defendant...
A.P. Heavy Machinery and Engineering Limited, Vijayawada Vs. Cement Co ...
Court: Andhra Pradesh
Decided on: Mar-16-2002
Reported in: 2002(3)ALD241; 2002(5)ALT349
ORDERDubagunta Subrahmanyam, J.1. This revision petition is filed against the order dated 10-4-2001 in IA No. 2545 of 2000 in OS No. 3 of 1998 on the file of the II Additional District Judge, Vijayawada.2. The plaintiff in OS No. 3 of 1998 is the revision petitioner. As per the averments in the plaint, plaintiff manufactures certain heavy machines, equipment and engineering goods and supplies them to the industries that require them. Plaintiff also undertakes the execution of engineering works which some times require the involvement of subcontractors. It supplies anti-pollution equipment (ESPs) to various industries. First defendant placed purchase orders for ESPs in May, 1988, for four cement factories belonging to the first defendant. The first defendant was making inordinate delay in making the payments. It is further averred in the plaint that first defendant has to pay a total sum of Rs. 12,98,275-00 and without performing its part of the contract, the first defendant had unjustl...
Sham Sunder Rao and ors. Vs. Sri Saraswathi Vidya Peetham, Hyderabad
Court: Andhra Pradesh
Decided on: Mar-16-2002
Reported in: 2002(3)ALD346; 2002(4)ALT645
ORDERDubagunta Subrahmanyam, J. 1. CRP 2437 of 1997 is filed by the defendants against the judgment and decree dated 24th April 1997 in O.S. No. 159 of 1992 on the file of the Junior Civil Judge, Nirmal. C.R.P. 2232 of 1999 is filed by the defendants against the order dated 30th April 1999, in T.A. 247 of 1999 in O.S. No. 11 of 1998 on the file of the Senior Civil Judge, Nirmal. 2. As the parties and the property involved in both the C.R.Ps. are common,these two civil revision petitions are being disposed of by a common order. The necessary facts for the disposal of these two revision petitions are as follows: 3. The suit in OS 159 of 1992 was filed under Section 6 of the Specific Relief Act. Under the letter Ex.A1 dated 7-1-1992, the defendants in the suit requested the plaintiffs to permit them to hold 'Yagna' in the plaint schedule premises and the plaintiffs passed a resolution Ex.A-2 dated 20-1-1992 permitting the defendants to conduct Yagna in the plaint schedule premises. The pl...
Gampa Srinivasa Ramesh Kumar Vs. Punagani Venkataramaiah and ors.
Court: Andhra Pradesh
Decided on: Mar-16-2002
Reported in: 2002(3)ALD508; 2002(4)ALT639
ORDERC.Y. Somayajulu, J. 1. This revision arises out of the order dated 13-8-1998 in EA No. 153 of 1996 in EP No.46 of 1991 in OS No.23 of 1991 on the file of the Court of the Junior Civil Judge, Nandalur.2. 1st respondent obtained a money decree against the 2nd respondent and brought the half share of the 2nd respondent in the properties specified in the schedule appended to EP No.46 of 1991 to sale. In the sale that was held on 28-4-1993, 3rd respondent figured as the highest bidder and so the sale was knocked down in his favour. 2nd respondent filed EA No. 110 of 1993 under Order XXI, Rule 90 CPC to set aside the said sale, which was dismissed on 27-12-1994 for default. IA No. 5 of 1995 filed for restoration of the said EA No. 110 of 1993 was also dismissed on 7-2-1995 and the sale was confirmed in favour of the 3rd respondent on 7-2-1995. In the meanwhile 2nd responded preferred CMA No.4 of 1994 and obtained stay of all further proceedings in EP No.46 of 1991 by the order dated 3-3...
Manepalli Rajaratnam Vs. Damera Satyanarayana
Court: Andhra Pradesh
Decided on: Mar-16-2002
Reported in: 2002(4)ALD275; 2002(4)ALT149
B. Prakash Rao, J. 1. The defendant is the appellant, who is aggrieved against the judgment and decree in AS No.152 of 1979 dated 20-10-1983 on the His of the 1 Additional Subordinate Judge at Kakinda, arising out of judgment and decree in OS No. 100 of 1976 dated 26-4-1979 on the, file of the I Additional District Munsif, Kakinada. 2. The suit is filed for recovery of a sum of Rs.4,664-52 from the defendant by sale of schedule property. As per the plaint, the defendant purchased land from the plaintiff on 6-5-1969 under a registered sale deed, wherein it was agreed that certain amounts to go in discharge of debts to creditors. However, the same having not been paid, one of the creditors obtained a decree in OS No.839 of 1972 on the file of the District Munsif, Kakinada, who laid execution and sought to proceed against the property. The claim filed by the plaintiff was allowed. However, the amount under the decree was paid on 13-8-1975 in full satisfaction. Though the plaintiff issued ...
Ramanivas Gupta and ors. Vs. Maliram
Court: Andhra Pradesh
Decided on: Mar-16-2002
Reported in: 2002(5)ALD362; 2003(3)ALT787
C.Y. Somayajulu, J. 1. Since all these appeals arise out of OS No. 856 of 1985, they are being disposed of by a common judgment. For the sake of convenience I would refer to the parties as they are arrayed in the suit.2. Initially three plaintiffs filed the suit against five defendants for specific performance of an agreement of sale dated 5-10-1982 said to have been executed by the 1st defendant in their favour, in respect of malgies bearing Municipal Nos.21-2-172, 21-2-173 and 21-2-174, which are in their possession as tenants of the 1st defendant, and a right of pre-emption of the first floor portion over the said malgies, alleging that 1st defendant initially entered into an oral agreement to sell the aforesaid three malgies and the residential portion in the first floor of the said malgies to them on 16-8-1977, and that thereafter had on 5-10-1982 executed an agreement of sale in their favour in respect of the said three malgies for a total consideration of Rs. 3,06,000/- at the r...
Mariyum Vs. Vijay Shah and anr.
Court: Andhra Pradesh
Decided on: Mar-16-2002
Reported in: 2002AIHC3795; 2002(5)ALT333
ORDERG. Roehini, J. 1. The defendant is the petitioner in this Revision Petition, which is directed against the order dated 17.1.2001 in I.A. No. 2041 of 2000 in O.S. No. 377 of 1994 on the file of the Court of the V Senior Civil Judge, City Civil Court, Hyderabad dismissing the application filed under Order 6, Rule 17 of CPC for amendment of the written statement. 2. The respondent herein filed O.S. No. 377 of 1994 for eviction of the defendant-Revision Petitioner, from the suit schedule premises. The suit is based on the lease deed dated 1.2.1991, in pursuance of which the defendant was alleged to have been inducted into possession. The defendant filed written statement on 18.1.1996 and the evidence on the side of the plaintiff was closed on 7.9.2000. Thereafter the defendant examined two witnesses and while the matter was coming up for further evidence on behalf of the defendant, I.A.No.2041 of 2000 has been field by the defendant seeking amendment of the written statement by taking...
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