Andhra Pradesh Court August 2002 Judgments
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Vijayalakshmi Departmental Stores and ors. Vs. State Bank of Mysore an ...
Court: Andhra Pradesh
Decided on: Aug-12-2002
Reported in: 2002(5)ALT158
ORDERJ. Chelameswar, J.1. This revision petition is filed under Article 227 of the Constitution of India aggrieved by an order dated 21.1.2002 made in LA. No. 739 of 1999 in O.S. No. 125 of 1995 on the file of the Principal Senior Civil Judge, Tirupathi.2. The petitioners are the respondents in the above mentioned LA. and defendants in the above mentioned suit. The I. A. was filed by the 1 st respondent herein under Order 34 Rule 5 and Section 151, C.P.C. praying for a final decree in terms of a preliminary decree passed in the above mentioned suit. By the impugned order, the said LA. was allowed. The further details may not necessary for the present purpose.3. The case of the petitioners is that the suit itself was filed for recovery of an amount of Rs. 9,95,337/- with subsequent interest. The amount of interest accrued on the amount claimed by the 1 st respondent from the date of the suit when added to the suit claim would exceed the limit of Rs. 10,00,000/- prescribed in the Notific...
A.P. Transmission Corporation Represented by Its Chairman and Managing ...
Court: Andhra Pradesh
Decided on: Aug-12-2002
Reported in: 2002(3)LS1
S.R. Nayak, J.1. The A.P. Transmission Corporation (for short 'TRANSCO') and its Managing Director, (P & HRD) being aggrieved by the order of the learned Single Judge dated 30.11.2001 made in W.P.No. 16654 of 2001 have preferred this Writ Appeal.2. The respondent herein Sri Y. Nagaiah filed the above writ petition seeking quashing of the Memo No. GM (P)/DS(P)/AS(P)/PO3/488-A1/2001 dated 26-7-2001 issued by the 1st appellant herein and for a consequential direction to the appellants to alter his date of birth as 1-7-1945 instead of 1-7-1943 in the Service Register in the light of the proceedings of the Director of School Education dated 29-6-2001.3. The learned Single Judge by the order under appeal directed the appellants herein to reinstate the writ petitioner into service and continue him in service till the date of his superannuation as per the altered date of birth. Hence this Writ Appeal by the aggrieved TRANSCO.4. This Court while admitting the Writ appeal on 28.1.2001, in W.A.M....
Ali Nawaz Khan and anr. Vs. Smt. Frzana Khatoon and ors.
Court: Andhra Pradesh
Decided on: Aug-09-2002
Reported in: 2002(5)ALD477; 2003(1)ALT780
ORDER1. This is an application filed under Order I Rule 10 C.P.C., to implead respondents 10 and 11 as respondents 10 and 11 in the appeal and as defendants 9 and 10 in O.S.No.2020 of 1987 on the file of II Senior Civil Judge, City Civil Court, Hyderabad. Notice of this petition was not taken to respondents 1 to 9 by the petitioners. They have endorsed in the petition that the respondents 1 to 9 are not necessary parties to this petition. 2. Necessary facts for the disposal of this application are as follows:Smt. Farhathunnisa Begum was the owner of plaint schedule property. She died on 9.11.1987. The two petitioners are the sons and respondents 1, 2 and 9 are the daughters of the said Farhathunnisa Begum. Petitioners 1 and 2 and 9th respondent together filed the suit in O.S.No.2020 of 1987 seeking partition and separate possession of their shares in the plaint schedule properties. The two sons claimed 2/7th share each. According to the plaint averments the 9th respondent, who was the ...
A.K. Gupta Vs. Loyds Steel Industries Ltd. and anr.
Court: Andhra Pradesh
Decided on: Aug-09-2002
Reported in: 2002(2)ALD(Cri)366
ORDERC.Y. Somayajulu, J.1. This petition is filed to quash the proceedings in C.C. No. 71/1999 on the file of the Court IV Metropolitan Magistrate, Nampally, Hyderabad, on the basis of ratio laid down in S.P. Sampathy v. Manju Gupta and another, 2002(1) ALD (Crl.) 619 (A.P.) where a Division Bench of this Court held that a complaint signed by a general Power of Attorney of the payee is not maintainable. 1st respondent- in this case M/s. Lloyd Steel Industries Ltd. is the complainant. The complaint shows it bears the stamp of 'M/s. Lloyd Steel Industries Limited', and on its behalf some body affixed his signature. Complainant, being a company registered under the provision of the Companies Act, is only an artificial person. So it cannot sign and some body has to sign and act on its behalf. The question whether the person who affixed signature to the complaint on its behalf was duly authorised or not by M/s. Lloyd Steel Industries Ltd., has to be decided at the time of trial and cannot b...
Osmania University Teachers Association (Outa) Represented by Its Gene ...
Court: Andhra Pradesh
Decided on: Aug-09-2002
Reported in: 2002(4)ALT682
ORDERB. Sudershan Reddy, J. 1. This batch of writ petitions may be disposed of by a common order since the issues that require resolution, more or less, are the same in all of them. 2. The validity of the procedure adopted including the constitution of Selection Committee by the Osmania University for the selection and appointment to the posts of Assistant Professors, Associate Professors and Professors of University under the Career Advancement Scheme (for short 'the CAS') is impugned in this batch of writ petitions. Certain allied issues, which may be incidental in nature, are also raised. 3. In W.P.No.2411 of 2002 filed by the Osmania University Teachers Association (OUTA) and others, the constitutional validity of Section 43-A of the Andhra Pradesh Universities Act, 1991 (for short 'Universities Act') is also challenged. It is contended that Section 43-A inserted into the Andhra Pradesh Universities Act, 1991, by amendment Act 18 of 2001, is void. 4. The dispute centers around the ...
Tadiboyina Venkateswara Rao Vs. Commissioner of Municipal Corporation ...
Court: Andhra Pradesh
Decided on: Aug-09-2002
Reported in: 2002(5)ALD437
ORDERV.V.S. Rao, J.1. The dispute in this writ petition relates to two residential premises situated at Seelharampuram, Varanasi Street, Vijayawada. The petitioner claims and alleges to be absolute owner of residential premises bearing D. No.30-17-6, which is adjacent to premises No. 30-17-5, in which respondents 6 to 9 are interested either as beneficiaries under a Will or transferees of property under registered Sale Agreements.2. The residential premises bearing D. No. 30-17-5 is alleged to have been purchased by the sixth respondent herein namely. Garikapati Sujana from Mantharala Mangamma, the ninth respondent herein. It appears that the eighth respondent namely, Garikapati Ravichander, who is the son of the sixth respondent also purchased some property from Manthrala Radhakrishna Murthy, the seventh respondent herein, who is the husband of Manthrala Mangamma. There is a serious dispute as to whether the property purchased by the eighth respondent from the seventh respondent forms...
State of A.P. Vs. Sri Vasavi Traders
Court: Andhra Pradesh
Decided on: Aug-09-2002
Reported in: 2002(6)ALD780
S. Ananda Reddy, J. 1. This batch of tax revision cases are filed by the State against the Common Order of the Sales Tax Appellate Tribunal dated 25th November, 1998. As common issues are involved in all these TRCs., they are heard together and are being disposed of by this common judgment for the sake of convenience. 2. The undisputed facts of the case are that the dealers in all these cases entered into contracts with the Exporters in Bombay to supply groundnut kernel as per the specifications, subject to other terms and conditions stipulated therein. In turn, the dealers purchased the groundnuts from the local vendors and in their turn sold the groundnut kernel to the exporters at Bombay. The Exporters at Bombay sold the same to a foreign buyer. The sales by the dealers to the exporters are considered by the revenue authorities as sales in the course of exports. However, the purchases made by the dealers were treated as last purchase in the State. Therefore, they were subjected to p...
Kota Satyanarayana Vs. Qamarunnisa Begum
Court: Andhra Pradesh
Decided on: Aug-09-2002
Reported in: AIR2003AP63
P.S. Narayana, J.1. The plaintiff in O.S. No. 320/80 on the file of Subordinate Judge, Ongole is the appellant. The appellant-plaintiff filed the aforesaid suit for the relief of specific performance for enforcement of agreement of sale, but the trial court had negatived the relief for specific performance of contract of agreement of sale but had decreed the suit so far as it relates to the advance amount of Rs. 20,000/- with interest at 12% per annum from the date of suit till the date of realization is concerned, arid the plaintiff aggrieved by negativing the relief of specific performance had preferred the present Appeal.2. The parties are referred to as 'plaintiff and 'defendant' for the purpose of convenience.3. The respective pleadings of the, parties are as hereunder :4. The plaintiff pleaded in his plaint that he is a resident of Ongole and associated with business known as 'Andhra Coffee'. Ongole. That the defendant's father and husband are natives of Ongole town where they ow...
P. Subrahmanyam Raju Vs. P. Jayachandra Reddy
Court: Andhra Pradesh
Decided on: Aug-09-2002
Reported in: 2002(6)ALT99
ORDERG. Bikshapathy, J.1. This revision is filed against the order dated 19-12-2001 passed by the learned Additional Junior Civil Judge, Srikalahasti in E.P. No. 150 of 2001 in O.S. No. 279 of 1999.2. The petitioner is the decreeholder. He filed the suit O.S. No. 279 of 1999 for recovery of certain amounts. The said suit was decreed and the decree has become final. In pursuance of the decree he filed the execution petition. In the execution petition the respondent has pleaded that he has no means. The lower court accepted the contention of the judgment-debtor and dismissed the E.P. by an order dt. 19-12-2001 against which the present revision is filed.3. The learned counsel for the petitioner submitted that the respondent judgment-debtor was a conductor working in the Andhra Pradesh State Road Transport Corporation. Apart from that, his wife is also working as post-woman. The judgment-debtor was also owning a mango grove of six acres. Under these circumstances, the lower court ought no...
Suresh Kumar Bhandari Vs. Ramesh Kumar Bhandari and anr.
Court: Andhra Pradesh
Decided on: Aug-09-2002
Reported in: 2003(3)ALT240
ORDERV. Eswaraiah, J.1. This Civil Revision Petition is filed against the order dated 04-10-2001 made in C.M.A. No. 235/2001 on the file of the learned II Additional Chief Judge, City Civil Court, Hyderabad.2. The 2nd respondent herein is the appellant in C.M.A. No. 235/2001. The petitioner herein is the defendant in O.S. No. 3799/1989 on the file of the V Junior Civil Judge, City Civil Court, Hyderabad. The 1st respondent herein is the plaintiff in the said suit. The 2nd respondent is the auction purchaser of the suit schedule property. The petitioner herein filed I.A.No. 369/2001 to set aside the sale conducted on 08-12-1999 in the name of the 2nd respondent and the said I.A. was allowed by setting aside the sale conducted on 8-12-1999 by order dated 10-07-2001 on the ground of inadequacy of price fetched due to irregularities and fraud in conducting the sale by the learned V Junior Civil Judge, Hyderabad. Aggrieved by the same, the auction purchaser - 2nd respondent herein filed C.M...
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