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Andhra Pradesh Court March 2002 Judgments

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Mar 11 2002

Potluri Saraswathi Vs. Vallabhaneni Veerabhadra Rao

Court: Andhra Pradesh

Decided on: Mar-11-2002

Reported in: 2002(3)ALD690

G. Bikshapathy, J.1. The appeal is filed against the judgment and decree passed by the learned Senior Civil Judge, Gudivada in OS No.169 of 1984, dated 21-11-1988 dismissing the suit.2. Appellant is the plaintiff. She filed a suit against the defendant, who is her father for recovery of possession of the plaint schedule property consisting of a total extent of Ac. 10-07 cents. It is the caseof the plaintiff that she purchased Item-1 ofthe plaint schedule land having an extent of Ac. 3-07 cents from her brother V. Gopala Krishna for a consideration of Rs.24,500/- under a registered sale deed dated 14-9-1971. It is her case that a sum of Rs.24,000/- was paid as on the date of the agreement of sale and possession was given to her pending registration. On the very same day when the Sale Deed was executed i.e., 14-7-1971, the said Gopala Krishna executed a registered gift deed in her favour in respect of the land of 7 acres and she was put in possession of the said land. Ever since the exec...


Mar 11 2002

Ganga M. Vs. Zonal Manager, Indian Bank and ors.

Court: Andhra Pradesh

Decided on: Mar-11-2002

Reported in: 2002(3)ALT383; [2002(94)FLR460]; (2002)IVLLJ33bAP

ORDERP.S. Narayana, J.1. The Writ Petition is filed for a Writ of Mandamus declaring the action of the respondents in not considering the petitioner's case for regularisation in regular vacancy in preference to outsiders, in spite of serving for ten years as Sweeper as illegal and unjust and consequently direct the respondents to regularise the petitioner in the post of permanent part-time sweeper with all consequential benefits and pass such other suitable orders.2. Heard the counsel on record. 3. The case of the petitioner is that she had been working as temporary Sweeper on daily wages since 1987 and whenever the permanent Sweeper had gone on leave at Gokavaram Branch, East Godavari District. It is stated that the regular Sweeper Nukalamma retired on June 30, 1994 and since then services of the petitioner were being utilized regularly for the duties as Sweeper and she had been discharging her duties to the satisfaction of her superiors without any remark whatsoever. It is also state...


Mar 11 2002

B.R. Naresh Kumar and Etc. Vs. the Regional Passport Office

Court: Andhra Pradesh

Decided on: Mar-11-2002

Reported in: AIR2003AP211; 2003(2)ALT741

ORDERV.V.S. Rao, J. 1. The petitioner obtained Passport from the respondent in the year 1995. He contends that though his date of birth is 16-9-1975 in the Passport it is recorded as 16-9-1972. When he tried to approach the respondent with an application for correction of date of birth the respondent refused to receive the same. Hence, he filed this writ petition for appropriate directions.W. P. No. 4453 of 2002 :2. In this writ petition, the petitioner obtained Indian Passport from the Office of the respondent. According to the petitioner though his date of birth is 15-1-1947 in the Passport the date of birth is recorded as 15-1-1939. Therefore, he made an application to the respondent on 18-2-2002 with a request to make necessary corrections in the passport. The respondent refused to receive the application and therefore, the petitioner seeks a Writ of Mandamus declaring the action of the respondent in not changing the date of birth of petitioner in the Passport as illegal and conseq...


Mar 11 2002

Nagasuri Pullaiah Vs. State of A.P.

Court: Andhra Pradesh

Decided on: Mar-11-2002

Reported in: 2002(1)ALD(Cri)633; 2002(2)ALT(Cri)105; 2003CriLJ773

S.R.K. Prasad, J.1. This revision is directed against the conviction and sentence passed by the IInd Additional Sessions Judge, Nellore in Crl. Appeal No. 24 of 1996 con-firming the sentence to undergo S.I. for three months and to pay a fine of Rs. 500/- in default to suffer S.I. for one month imposed by the Addl. Judicial Magistrate of 1st Class, Kavali in C.C. No. 170 of 1991.2. It is the case of the respondent-being Food Inspector who presented the complaint that on 27-3-1991 at about 6.30 p.m. he went to the shop of the accused along with K. Achaiah and called the mediators by name P. Narasimham and Sk. Kasim and checked the food articles kept for sale. It is also the case of the complainant that he has purchased 450 grams of ground nut oil for Rs. 15-75 ps and paid the amount and obtained the receipt and he divided the said ground nut oil into three equal parts and kept in three empty dry cleaned bottles, closed with cork and lid tightly and tied with thread and affixed seals then...


Mar 08 2002

Sri Visakha Grameena Bank, Srikakulam, Rep., by Its Chairman and Board ...

Court: Andhra Pradesh

Decided on: Mar-08-2002

Reported in: 2002(1)LS451

ORDERS.R. Nayak, J.1. This writ appeal is directed against the order of the learned single Judge dated 13.12.2000 in Rev. WP. MP. No. 33432 of 2000 dismissing the review petition wherein review of the order made by the learned single Judge dated 4.8.2000 in W.P No. 7895 of 1990 was sought.2. In the review petition, it was contended that when the writ petition was posted for final hearing on 4.8.2000, the name of Sri K.Srinivasa Murthy, learned counsel for the respondent in the writ petition was not printed in the cause-list and on the other hand, the name of Sri K.Appalacharyulu was shown as if he is the counsel for the respondent in the writ petition and hence, the learned counsel Sri K.Srinivasa Murthy could not be present before the Court at the time of hearing and the Court, without giving any opportunity to the learned counsel or to the respondent, passed the order and therefore, the order made by the learned single Judge on 4.8.2000 was liable to be set aside and the writ petitio...


Mar 08 2002

B. Muniratnam Vs. Registrar (General) High Court of A.P., Hyderabad an ...

Court: Andhra Pradesh

Decided on: Mar-08-2002

Reported in: 2002(2)ALD750; 2002(2)ALT459

Ar. Lakshmanan, C.J. 1. Heard Sri K. Kishore Kumar Reddy for the petitioner and Sri C. V. Nagarjuna Reddy for the High Court.2. The writ petition has been filed for the following reliefs:'...........to issue a suitable writ, order ordirection more particularly in nature of writ of mandamus declaring that non-adherence of the Government Order in G.O. Ms. No. 277, General Administration (SC and ST Cell. B) Department, dated 22-3-1976 in the matter of strictly following and applying the Special Rules related to the principle reservation to appointments made otherwise than by direct recruitment and also maintaining of a separate roster in the form appended to the G.O. for each type of such appointment to which reservation has been made applicable by the Special Rules in respect of each such category for the purpose of applying the same for promotions and or recruitment by transfer in respect of that category by respondent No. 2 as illegal, arbitrary and violative of principles of natural j...


Mar 08 2002

K. Bhoopal Vs. State of A.P.

Court: Andhra Pradesh

Decided on: Mar-08-2002

Reported in: [2003]113CompCas363(AP)

ORDERC.Y. Somayajulu, J. 1. This petition is filed to quash the complaint in C.C.No.494 of 1999 on the file of the Court of the III Additional Judicial First Class Magistrate, Rajahmandry, registered on a private complaint filed under Section 138 of the Negotiable Instruments Act (for short the Act) by the 1st respondent in connection with dishonour of a cheque for Rs.1,00,000/-. 2. The contention of the learned counsel for the petitioner is that since the petitioner resigned as the Director of the Leafin India Limited, (the Company) on whose behalf the cheque in question was issued, and since the Certificate issued by the Registrar of Companies shows that he ceased to be the Director of the company from 6-3-1999, and since the offence of dishonour of cheque was not completed by 6-3-1999 the proceedings against him are liable to be quashed, more so because the company is not made an accused to the proceedings. It is his contention that as per Section 141 of the Act, the Directors of a ...


Mar 08 2002

K. Rajeshwar Reddy and ors. Vs. N. Laxmikantam and ors.

Court: Andhra Pradesh

Decided on: Mar-08-2002

Reported in: 2002(3)ALD731; 2002(4)ALT632

ORDERL. Narasimha Reddy, J.1. In this appeal the defendant in O.S.No.125 of 1981 on the file of the Subordinate Judge at Karimnagar assails the judgment and decree therein. The parties are referred to as arrayed in the suit.2. The plaintiffs filed the suit for the relief of declaration of title and perpetual injunction in respect of the suit schedule property. All the plaintiffs claim to have purchased different extents of plots in S.No.277/2 of Choppadandi village through sale deed dated 11-11-1976, 22-11-1976 and 14-2-1977 in Ex. A.2 to A.4. According to them the 1st defendant was the original owner of the said land admeasuring Ac. 1.01 gunta. In the year 1956 the 1st defendant exchanged the same with one Mr. Bujidi Muttam Bhadraiah for the land in S.No.22 and Bhadraiah in turn sold the same to one Mr. Chintala Yellaiah under an unregistered sale deed dated 16-5-1957 (Ex.A.5). Ever since the date of purchase under Ex.A.5, Chintala Yellaiah was in possession and enjoyment of the same....


Mar 08 2002

P. Kumar Vs. the Public Prosecutor, High Court of Andhra Pradesh, Hyde ...

Court: Andhra Pradesh

Decided on: Mar-08-2002

Reported in: 2002(1)ALD(Cri)661; 2002(2)ALT(Cri)193

ORDER1. This petition is filed to quash the proceedings in S.C.No.252 of 2001 on the file of the Court of VI Additional Metropolitan Sessions Judge, Secunderabad.2. One Smt. J.Vinodhini gave a report to the police alleging that the petitioner had on 08.07.2000 at about 8.30 p.m., accompanied by four unknown persons, criminally trespassed into her house when she was alone and abused her in filthy language and caught hold of her hand and dragged her towards him with an intention to outrage her modesty and on hearing her cries the devotees in the Church came to her rescue and on their arrival petitioner and others left her house. The said complaint was registered as Cr.No.218 of 2000 under Secs. 354, 448 and 506 I.P.C. by Chilkalaguda police station. After investigation, charge sheet was filed against the petitioner under Secs. 448, 354 and 506 I.P.C. The learned Magistrate, having taken the same on file, after appearance of the petitioner, committed him to take trial before a Court of Se...


Mar 08 2002

Durga Emporium, Vijayawada and ors. Vs. Munaga Brothers, Cloth Merchan ...

Court: Andhra Pradesh

Decided on: Mar-08-2002

Reported in: 2002(5)ALD135; 2002(5)ALT650

L. Narasimha Reddy, J. 1. In this appeal, the plaintiff in OS No.59 of 1982 challenged the judgment and decree of the trial Court insofar as it has denied the relief of preliminary decree against the plaint schedule property on the strength of mortgage. 2. The plaint was filed with the following averments: 3. The appellants are the wholesale merchants in textiles having their place of business at Vijayawada. They supply the goods to merchants in various parts of the State, The 1st respondent has been running a textile shop under the name and style of Munaga Brothers at Cuddapah. He purchased goods from the appellants from time to time on credit basis and there remained certain outstanding dues payable to the appellants. The amounts due to the individual appellants from the 1st respondent were calculated during 1978-79 on various dates in the presence of the 1st defendant and he certified the correctness of the same. When the appellants insisted on the 1st respondent to pay the amounts,...


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