Andhra Pradesh Court January 2003 Judgments

Chairman, Unit Trust of India Vs. Penta Malleswara Rao

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Dr. (Mrs.) Mamata Lakshmanna, Member: 1. This appeal is filed by opposite parties 1, 2 and 3 in C.D. No. 120/1997 on the file of District Forum, Srikakulam. The complainant purchased 3,000 units of Master Gain 92 under certificate No. 50799668 with folio No. 5372796 through the 4th opposite party who was the local dealer of shares. He applied for transfer of the said 3000 units and the third opposite party duly transferred the same in the name of the complainant along with a letter dated 14.7.1995. On 3.4.1996 the complainant submitted the said 3000 unit certificates to the second opposite party for repurchasing and making payment of the repurchase price for which he received an acknowledgement on the same day. The third opposite party requested the complainant by its letter dated 10.5.1996 to submit another repurchase form without giving any reason for the said requirement. The complainant, therefore, again submitted a repurchase application along with his letter dated 5.7.1996 to the...

Kantala Srinivas Reddy and ors. Vs. State of Andhra Pradesh and ors.

Court: Andhra Pradesh

Reported in: 2003(2)ALD98; 2003(2)ALT1

B. Sudershan Reddy, J. 1. The petitioners are all agriculturists and the residents of Kondapalkala village, Manakondur revenue mandal, Karimnagar district. They are the owners of different extents of lands located in different survey numbers situated in the said village. It is not necessary to notice the details of the lands held by each of the petitioners. However, it is their case that the said lands are being irrigated with well water. It is claimed that they have not utilized any water whatsoever from the lower Maneru dam.2. The petitioners are aggrieved by the action of the respondents in proposing to realize water tax from the petitioners on the ground that the lands held by them are localized under Sriram Sagar project and being irrigated with project water. It is unnecessary to go into the controversy as to whether the petitioners in reality have utilized water from Sriram Sagar project at all.3. Shorn of all the details the petitioners are aggrieved by the action of the respon...

Kanjarala Prashanth @ Kittu and ors. Vs. State of A.P. Rep. by P.P.

Court: Andhra Pradesh

Reported in: 2003(1)ALD(Cri)417; 2003(1)ALT(Cri)508

K.C. Bhanu, J.1. Criminal appeal No. 1041/2002 is filed by Accused Nos.1, 4 and 6 and criminal appeal No. 1068/2002 is filed by accused Nos. 2, 5 and 7, aggrieved by the judgment of conviction and sentence in sessions case No. 18 of 2000, dated 9.9.2002, on the file of the learned IV Additional Metropolitan Sessions Judge, Hyderabad. The learned Sessions Judge convicted A1, A6 and A7 under Section 395 of the Indian Penal Code and sentenced tem to undergo rigorous imprisonment for seven years each and to pay a fine of Rs.200/- each, and in default of payment of fine, to undergo simple imprisonment for six months each. A2, A4 and A5 were convicted under Section 412 I.P.C. and sentenced to suffer rigorous imprisonment for five years each, and to pay a fine of Rs.200/- each, and in default of payment of fine, to suffer simple imprisonment for six months each.2. Since both the appeals arise out of the same sessions case, they are being disposed of by a common judgment.3. The brief facts tha...

Bandi Dhana Lakshmi and anr. Vs. Chalamala Satyanarayana

Court: Andhra Pradesh

Reported in: AIR2003AP274; 2003(2)ALD778; 2003(3)ALT202

ORDERB. Seshasayana Reddy, J. 1. This Civil Revision Petition is directed against the order, dated 9-2-2001 passed in E.A. No. 688 of 2000 in E.P. No. 103 of 1996 in O.S. No. 126 of 1994 on the file of the Junior Civil Judge, Gudivada whereby the learned Judge dismissed the said E.A. No. 688 of 2000 filed by the petitioners under Section 151 CPC and refused to accept the security bond.2. The impugned order reads as follows:'In view of the order of High Court of A.P. in C.R.P. No. 371/99, dated 28-8-2000 the petitioners shall have a further period of one month from 28-8-2000 for furnishing security bond in this Court. But the petitioners did not furnish security bond duly executed and with required stamp in accordance with the Article 57 read with Article 15 of Schedule I of the Indian Stamp Act, 1899. The alleged security bond of Bondada Venn Gopala Rao and Bondada Prabhavathi and the alleged security bond of Bandi Dhana Lakshmi (first petitioner herein) dated 27-9-2000 are not at all ...

B. Jogi Reddy Vs. Baldev Singh (Died) by Lrs.

Court: Andhra Pradesh

Reported in: 2003(4)ALD276

J. Chelameswar, J.1. Aggrieved by the judgment and decree of the learned Single Judge in C.C.CA. No. 191 of 1997 dated 7.2.2002 the present appeal is filed by the respondents therein, who were plaintiffs in O.S. No. 1287 of 1989 on the file of the IV Additional Judge, City Civil Court, Hyderabad, which was decreed on 31.7.1997.2. The appellant herein filed the above-mentioned suit against the deceased first respondent herein initially for the specific performance of an agreement of sale dated 31.3.1986 under Ex.A-1 executed by the deceased first respondent in favour of the plaintiff-appellant herein. The Trial Court by its judgment and decree dated 31.7.1997 decreed the suit. On appeal in C.C.C.A. No. 191 of 1997, the learned Single Judge of this Court was pleased to allow the same. Hence, the present LPA.3. The sole defendant/first respondent herein died during the pendency of the suit After filing written statement, respondents 2 to 4 were brought on record as legal representatives o...

M. Subbarayudu and ors. Vs. Rajamma

Court: Andhra Pradesh

Reported in: 2003(4)ALD873; 2003(4)ALT139

P.S. Narayana, J. 1. The unsuccessful defendants in both the Courts below are the appellants and the plaintiff is the respondent in the present second appeal. This appeal has been preferred aggrieved by the judgment and decree passed by the learned District Judge, Chittoor in AS No. 12 of 1988 dated 29-7-1994.2. The facts in brief are as specified hereunder: The plaintiff, the respondent herein, had originally instituted the suit OS No. 261 of 1982 on the file of the District Munsif Court, Palamaner for the relief of permanent injunction against the appellant-defendants on the ground that the defendants had been interfering with her possession and enjoyment of the plaint schedule site and that they had no right, title or interest over the plaint schedule property. Subsequent thereto, the plaint was got amended by adding the prayer for the relief of declaration of title also. It is pleaded in the plaint that the suit site, which is to the north of the hut in which the respondent plainti...

Akula Tirupathi Vs. the Commissioner, Prohibition and Excise

Court: Andhra Pradesh

Reported in: 2003(2)ALD95; 2003CriLJ2195

ORDERV.V.S. Rao, J.1. The petitioner is owner of an Auto Rickshaw bearing No. AP-13-T-5966. On 18-10-1995, he alleged, when he was having a cup of tea at Mandamarri village, two lady passengers sat in the auto and requested him to take to Mandamarri town/colony. The auto was stopped by the fourth respondent at Mandamarri Cross Roads and a search was conducted. The fourth respondent found that the two lady passengers were carrying five cans of illicit liquor, four cans carrying 5 ltrs. each and one can carrying 10 ltrs. The illicit liquor and the auto were seized and a panchanama was conducted. An offence being Crime No. 26 of 1995-96 on the file of the Judicial I Class Magistrate, Luxettipet was registered under Section 34 of the A.P. Excise Act, 1968 ('the Act'). The vehicle was produced before the Deputy Commissioner of Prohibition & Excise, the third respondent herein. The petitioner filed a writ petition being W.P. No. 24388 of 1995 seeking release of the auto rickshaw. This Court,...

S. Ratnavathi Vs. A. Narasimhamurthy and anr.

Court: Andhra Pradesh

Reported in: AIR2004AP29; 2005(5)ALT560

Dubagunta Subrahmanyam, J.1. This appeal is filed against the judgment and decree dated 17th September, 1991 in A.S. NO. 69 of 1983 on the file of Subordinate Judge, Tanuku confirming the judgment and decree dated 30-08-1982 in O.S. No. 638 of 1978 on the file of I Additional District Munsif, Tanuku.2. Reference to the parties will be made as they are arrayed in the suit. Plaintiff's father Suranna executed a registered settlement deed dated 26-07-1963 (Ex.A1) in favour of the plaintiff gifting the plaint schedule property to the plaintiff. However, plaintiff's father retained the life estate in himself and gifted only the vested remainder to the plaintiff. Subsequently, plaintiff's father individually and as guardian of the minor plaintiff sold the suit property to the 1st defendant under a registered sale deed dated 22-1-1975 (Ex.B1). Plaintiff's father died intestate on 07-06-1975. After the death of his father, plaintiff demanded the defendants who are wife and husband to vacate an...

Peta Thallamma and anr. Vs. P. Gopalakrishna Murthy

Court: Andhra Pradesh

Reported in: AIR2003AP353; 2003(4)ALT77

Dubagunta Subrahmanyam, J.1. This is an appeal filed against the judgment and decree dated 9th April 1991 in A.S.No.55 of 1986 on the file of the I Additional District Judge, East Godavari at Rajahmundry setting aside the judgment and decree dated 02-3-1985 in O.S.No.15 of 1981 on the file of the Subordinate Judge, Amalapuram. Defendants 3 and 4 in the suit filed this appeal. Reference to the parties will be made in the course of this judgment as they are arrayed in the trial Court.2. Necessary facts for the disposal of this appeal are as follows:Rajani Silk Palace filed a suit in O.S.No.510 of 1976 on the file of II Additional District Munsif, Amalapuram against the 1st defendant and obtained a money decree. It sought for attachment before judgment of Ac.3.58 Cents of undivided half share of the 1st defendant in R.S.No.90/4 of K. Jagannadhapuram Village in Amalapuram Taluq. The attachment before judgment was ordered by the trial Court. It was effected on 15-10-1976.Subsequently, the a...

V. Jaya Raj Vs. Bhavani Sweets and Bakery

Court: Andhra Pradesh

Reported in: 2003(2)ALD120; 2003(2)ALT649; [2003]46SCL655(AP)

Dubagunta Subrahmanyam, J. 1. This is an appeal filed against the order dated 16th April, 2001 in IA No. 274 of 2001 in OS No. 10 of 2001 on the file of the I Additional District Judge, Warangal. 2. The respondent/plaintiff filed the suit seeking relief of permanent injunctionrestraining the defendant from committing any infringement of his trademark Bhavani Khara with the device of plaintiff s or any other mark deceptively similar thereto and passing of any Khara packets with label affixed thereon which is deceptively similar to the label used by the plaintiff. He also sought for the relief of a direction to the defendant to render a true and faithful account of the profits earned by the defendant through the manufacture and sale of packets Bhavani Khara and direct such profits to be paid to the plaintiff by way of damages for the infringement of plaintiff's trademark and passing of all goods by the defendant. He also filed a petition in IA No. 274 of 2001 under Order 39, Rule 1 and 2...