Andhra Pradesh Court November 2003 Judgments
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P. Raghu and ors. Vs. K. Anjaiah
Court: Andhra Pradesh
Decided on: Nov-27-2003
Reported in: 2004(1)ALD366
ORDERP.S. Narayana, J.1. Heard Sri M. Rajamalla Reddy, learned Counsel representing the petitioners-defendants and Sri K.Govind, learned Counsel representing the respondent-plaintiff.2. This Civil Revision Petition is preferred by the petitioners aggrieved by an order made in LA. No. 143 of 2003 in O.S. No. 63 of 2000 on the file of Junior Civil Judge, Siddipet. The revision petitioners filed the said application under Order 13 Rules 1 and 2 of the Code of Civil Procedure (for brevity, 'the Code') to receive the documents. The documents produced are the Municipal permission and plan dated 19-12-1978, certificate of ownership, dated 21-3-2003 and house tax payment receipts (ten in number) from 1991 to 2002. The learned Junior Civil Judge at paras 7 and 8 had recorded the reasons and ultimately had dismissed the said application. Aggrieved by the same, the present Civil Revision Petition is filed.3. Sri M. Rajamalla Reddy, the learned Counsel representing the petitioners-defendants would...
J. Venkateswar Rao and ors. Vs. District Collector and ors.
Court: Andhra Pradesh
Decided on: Nov-27-2003
Reported in: 2004(4)ALD59
ORDERP.S. Narayana, J.1.This Revision is filed under Article 227 of the Constitution of India questioning the order made in E.O.P. No. 4/99 dated 16-1-2001 on the file of Election Tribunal, Principal District Munsif, Sattenapalli wherein the said E.O.P. was allowed setting aside the election.2. Initially, W.P. No. 3181/2001 was filed and the same was admitted and status quo granted on 26-2-2001 and the same was in fact made absolute on 23-4-2001 and at the time of hearing, by order dated 22-8-2002, this Court directed the Registry to convert the writ petition into civil revision petition under Article 227 of the Constitution of India and post before the learned Judge hearing Civil revision petitions filed under the said provision. The civil revision petition, subsequent thereto on 14-2-2003, was admitted, and that is how the same is coming up for final hearing before this Court.3. Addanki Sambasiva Rao, 4th respondent in the Civil revision petition, filed E.O.P. No. 4/99 on the file of...
Bodasingi Satyanarayana and ors. Vs. the State of A.P.
Court: Andhra Pradesh
Decided on: Nov-27-2003
Reported in: 2004(1)ALD(Cri)253; 2004CriLJ803
ORDERC.Y. Somayajulu, J.1. Alleging that on 10-9-2002 at about 1.00 p.m. petitioners and others had trespassed into her land and removed the sheds in spite of resistance by her and others, and abused her in a filthy language touching her caste of 'Konda Kapu' community, which is a scheduled tribe community, and necked her out of the premises by threatening her with dire consequences, Medikonda Radha filed a private complaint before the Court of the Additional Judicial First Class Magistrate, Vizianagaram, who referred the same to Vizianagaram Rural police for investigation under Section 156(3) Cr. P,C. who registered the same as Cr. No. 14 of 2003. After investigation, the Deputy Superintendent of Police, Regional Incharge Officer, CID, Visakhapatnam, laid a charge sheet against the petitioners and others for offences under Sections 147, 148, 447, 427, 352, 323, 506 (2), 354, 109 R/w. Section 149, IPC and Sections 3(1)(x) and 3(2)(vii) of Scheduled Castes and Scheduled Tribes (Preventi...
Shri Krishna Pharmaceuticals Limited Vs. Union of India (Uoi)
Court: Andhra Pradesh
Decided on: Nov-27-2003
Reported in: 2004(173)ELT14(AP)
ORDERMotilal B. Naik, J.1. Petitioner seeks to declare the communication F. No. 605/124/2000-DBK dated 2-9-2002 issued by the Ministry of Finance, Department of Revenue, Government of India as contrary to the common orders of this Court dated 6-6-2002 in W.P. No. 25534 of 1999 and batch and consequently direct the 1st Respondent to grant exemption to the imported Acetic Anhydride and pass such other orders as the Court deems fit and proper in the circumstances of the case.2. The controversy in this writ petition is with regard to the non-extending of benefits to the imports covered under Advance License scheme. According to the counsel for the petitioner that the petitioner was importing Acetic Anhydride and using it in the manufacture of final goods and exporting the said goods. Since the petitioner was covered under the Advance License scheme, the imports were exempted from payment of customs duty. While, so the Government of India issued Notification dated 25-11-1993 in Notification...
Bugatha Prasad Rao Vs. Commissioner and Registrar of Co-operative Soci ...
Court: Andhra Pradesh
Decided on: Nov-27-2003
Reported in: 2004(1)ALT459
ORDERDevinder Gupta, C.J.1. The order passed by learned single Judge dismissing appellant's writ petition is under challenge in this writ appeal. In the writ petition, appellant had sought quashing of proceeding in Rc.No. 2774/2003-C, dated 16th October, 2003 of the second respondent to be arbitrary, illegal and contrary to the provisions of law. By the said order, the second respondent-Deputy Registrar of Co-operative Societies, Vizianagaram, declined to supply the appellant a copy of Memo, dated 20th September, 2003 issued by the first respondent-Commissioner and Registrar of Co-operative Societies, Hyderabad, directing him to take action a against the Board of Management of Co-operative Urban Bank Limited, Vizianagaram. Supply of copy of the said document was declined to the appellant by the second respondent on the ground that it is an internal correspondence between the Registrar of Co-operative Societies and the Divisional Co-operative Officer and, therefore, the same cannot be t...
Gundala Krishna Reddy Vs. Tirumala Tirupati Devasthanams and anr.
Court: Andhra Pradesh
Decided on: Nov-25-2003
Reported in: 2004(1)ALD45; 2004(1)ALT631
ORDERV.V.S. Rao, J.1. The petitioner filed a suit being O.S. No. 1451 of 2003 on the file of the Court of Principal Junior Civil Judge, Tirupati for specific performance of agreement of sale dated 24.3.2003 against one G. Subbamma. The petitioner alleges that the vendor subsequently brought into existence an unregistered gift deed in favour of Tirumala Tirupati Devasthanams (TTD), first respondent herein so as to defeat the rights of the petitioner under the said agreement. The first respondent affected the sale of the property by public auction in Eenadu daily dated 14.10.2003. The auction was conducted on 22.10.2003 and was knocked down in favour of second respondent. The petitioner filed the present writ petition challenging the action of the first respondent in conducting public auction to sell away immovable property without prior sanction of the Commissioner of Endowments under Section 80 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act (hereaf...
Vojjala Praameela and ors. Vs. S.V. Suryanarayana Raju and ors.
Court: Andhra Pradesh
Decided on: Nov-25-2003
Reported in: 2004(1)ALD325; 2004(4)ALT619
ORDERL. Narasimha Reddy, J.1. The petitioners filed O.P.No.678/1990 in the Motor Accidents Tribunal-cum-Principal District Judge, Nalgonda claiming compensation, on account of death of Sri Vittal, who was the husband of the 1st petitioner and father of the other petitioners. The Tribunal passed award dated 23-11-1993 for a sum of Rs. 2,84,000/-together with interest at 15% and costs of Rs. 8,264/-.2. The New India Assurance Company Limited, the 2nd respondent, deposited a sum of Rs. 2,28,449-00. This included Rs. 1,52,000/- of awarded amount, interest and costs. Balance of the amount was not deposited. Hence, the petitioners filed I.A.No.2935/2001 under Section 174 of the Motor Vehicles Act 1988 (for short 'the Act'), for issuance of a Certificate directing the District Collector, Krishna, to recover the compensation from the 2nd respondent, as arrears of land revenue.3. The application was resisted by the 2nd respondent. It was contended that they wanted to prefer an appeal against th...
E. Krishna Vs. Union of India (Uoi)
Court: Andhra Pradesh
Decided on: Nov-25-2003
Reported in: I(2004)ACC792; 2004ACJ847; 2004(1)ALD594; 2004(4)ALT56
ORDERMotilal B. Naik, J.1. The order, dated 11.3.2003 made in LA. No. 534 of 2002 in O.A.A. No. 28 of 2000 by the Railway Claims Tribunal, Secunderabad is assailed in this revision petition on various grounds.2. The petitioner herein along with his mother and two sisters filed O.A.A. No. 28 of 2000 before the Railway Claims Tribunal seeking compensation for the death of his father late Sri Yellaiah in an untoward incident of fall from train and the above application was allowed by the Tribunal by order, dated 27.3.2002 awarding a compensation of Rs. 4,00,000/-in all. The claimants including the petitioner were awarded an amount of Rs. 1,00,000/-each and the said amount was ordered to be kept in fixed deposit initially for a period of three years renewable from time to time. However the petitioner and other legal heirs were permitted to withdraw the interest accrues thereon every month. While so, the petitioner herein filed LA. No. 534 of 2002 before the Tribunal seeking permission to w...
Sivudu Venkataswamy Vs. Agent to the Government and ors.
Court: Andhra Pradesh
Decided on: Nov-25-2003
Reported in: 2004(1)ALD778
ORDERL. Narasimha Reddy, J.1. In these writ petitions, common questions of fact and law arise. Hence, they are disposed of through a common order.2. Proceedings were initiated by the Special Deputy Tahsildar, K.R. Puram, before the Special Deputy Collector (Tribal Welfare), K.R. Puram, West Godavari District, against various individuals under Section 3 of the A.P. Scheduled Areas Land Transfer Regulation, 1959 (Regulation No. 1 of 1959) (for short 'the Regulations'). The allegations in these proceedings were that the respondents therein, who are non-tribals, have purchased various extents of lands from tribals, in contravention of the Regulations. A claim was made for resumption of such lands, as provided for under Section 3 of the Regulations.3. After issuing notices to the affected parties and on consideration of the matters, the Special Deputy Collector, had rejected the claim of the Special Deputy Tahsildar and refused to interfere with such transfers effected in favour of non-trib...
Superintending Engineer, N.S.R.C. Vs. R.K. Engineering
Court: Andhra Pradesh
Decided on: Nov-25-2003
Reported in: [2004]51SCL345(AP)
ORDERP.S. Narayana, J.1. The Superintending Engineer, N.S.R.C. Circle, Peliru Camp, Ongole, Prakasam District, had preferred these Revisions under Article 227 of the Constitution of India as against M/s. R.K. Engineering, 142, R.P. Road, Secunderabad, having been aggrieved by the orders dated 8-8-2003 made in Case No. 29/3/0/1009 and Case No. 29/3/0/892 respectively.2. M/s. R.K. Engineering, R.P. Road, Secunderabad, filed claim petitions before the A.P. Industrial Facilitation Council, hereinafter referred to as 'Council' in short, and the Revision petitioner herein as respondent in the said cases referred to supra, raised preliminary objections before the council that the said claims are barred by limitation and further there is no arbitrable dispute referred to the said Council in the absence of any arbitration clause between the parties since copies of the agreements clearly indicate that claims over and above Rs. 50,000 shall be decided by a competent Civil Court having jurisdictio...
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