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Andhra Pradesh Court November 2003 Judgments

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Nov 10 2003

Koratamaddi Tippa Bhatlagari Subbanarsaiah Vs. Koratamaddi Thippabhatl ...

Court: Andhra Pradesh

Decided on: Nov-10-2003

Reported in: 2004(4)ALD551

ORDERP.S. Narayana, J.1. The CMP No. 24139 of 2003 is filed to vacate the interim stay granted on 8-9-2003 in CMP No. 17800 of 2003 in CRP No. 3822 of 2003. At this stage, this Court heard both the Counsel at length and the main CRP is taken up for final hearing and disposal. Sri Bankatlal Mandhani, the learned Counsel for the petitioner submitted that though the proposed amendment is barred by limitation, inasmuch as the relief relating to prayer portion alone is to be amended, to avoid multiplicity of litigation, the same is permissible in law. The learned Counsel for the petitioner placed strong reliance on Sampath Kumar v. Ayyakannu, : [2002]SUPP2SCR397 .2. Per contra Sri P. Veera Reddy, learned Counsel for the respondent had submitted that the registered partition deed is dated 25-8-1957, the suit was instituted as OS.No. 1997, which was renumbered as OS No. 4/2003 at present on the file of II Additional District Judge, Kadapa at Proddatur. In that view of the matter, the relief o...


Nov 07 2003

Colleges of Education Management Association and anr. Vs. Government o ...

Court: Andhra Pradesh

Decided on: Nov-07-2003

Reported in: 2003(6)ALD674; 2003(6)ALT661

Devinder Gupta, C.J. 1. These writ petitions are being disposed of by common order since common questions have arisen though reliefs sought for are different.2. In W.P. No. 19410 of 2003, Colleges of Education Management Association, Hyderabad has sought direction against respondents to permit the Management of the Colleges of Education to fill up 50% of the seats by following the guidelines issued by the Supreme Court in Islamic Academy of Education v. State of Karnataka, : AIR2003SC3724 , and to permit the Managements of the Colleges of Education to fix their own fee structure subject to approval/modification by a Committee to be constituted in accordance with the directions of the Supreme Court issued in the case of Islamic Academy of Education v. State of Karnataka (supra). Another prayer made in the writ petition is to direct the respondents to forthwith constitute a Committee for scrutinising and verification of fee structure and another Committee for verifying the admission proc...


Nov 07 2003

J.K. Finance and Chit Funds Vs. R. Surya Kumar and anr.

Court: Andhra Pradesh

Decided on: Nov-07-2003

Reported in: AIR2004AP190; 2004(1)ALD847; II(2004)BC558

ORDERG. Yethirajulu, J. 1. This revision petition is filed by the plaintiff in Small Cause Suit No. 82 of 1998 on the file of the Principal Junior Civil Judge, Chittoor. The plaintiff, a registered firm, represented by one of its partners, filed the suit for recovery of money on the basis of a promissory note from the respondents. The suit was dismissed by the lower Court by observing that the defendant is liable to pay only interest due under the promissory note, that the plaintiff failed to explain why he could not file the registered copy of the partnership deed and why he filed only an unregistered partnership deed. The Court further observed that PW.1 did not take steps to sammon the copy of the partnership deed registered with the Registrar of Firms. The lower Court further observed that in view of the ratio laid down in Bhaskar Finance and Commercial Syndicate's case (1993 (2) APLJ 449), the suit cannot be maintained. The plaintiff being aggrieved by the judgment and decree of t...


Nov 07 2003

Kopvvuri Subbaraju Vs. Karri Baburao and ors.

Court: Andhra Pradesh

Decided on: Nov-07-2003

Reported in: 2004(1)ALD633; 2004(4)ALT61

ORDERB. Prakash Rao, J.1. The petitioner, who is the landlord, by way of revision under Article 227 of the Constitution of India seeks to challenge the orders dated 16-12-1996 passed in A.T.A. No. 3 of 1995 on the file of the District Judge-cum-Appellate Authority, at Visakhapatnam, allowing the appeal at the instance of the respondents-tenants, and setting aside the orders of eviction passed in A.T.C No. 15 of 1991, dated 20-2-1995 on the file of the Special Officer-under Andhra Tenancy Act-cum-Principal District Munsif at Yellamanchili.2. The petitioner has initially filed the application under Section 13 of the A.P. (Andhra Area) Tenancy Act, 1957 (for short 'the Act') seeking eviction of the respondents-tenants from the land in Sy.No. 469, admeasuring Ac.6.00, situated at Geddapalem of Koruprolu Village, alleging that the father of Respondent No. 1 was the cultivating tenant of the suit land for the last 20 years under the petitioner's vendor, namely, Sri Achalla Appala Narasimham,...


Nov 07 2003

B. Vani Kumari Vs. Union of India (Uoi) and ors.

Court: Andhra Pradesh

Decided on: Nov-07-2003

Reported in: 2004(1)ALD819; 2004(2)ALT152

G. Bikshapathy, J 1. The writ petition is filed challenging the Order of Central Administrative Tribunal in O.A. No. 194 of 2003, dated 8.7.2003.2. The petitioner is the Applicant before the Tribunal. She filed the application challenging the disciplinary proceedings initiated against her by the 3rd respondent Chief Personnel Officer, South Central Railway dated 28.10.2002 as being illegal, arbitrary and unsustainable and for consequential declaration that she is liable to be treated to have been promoted as Senior Personnel Officer from 31.1.2003, the date on which Mr. S. Subba Rayudu was promoted to the said post and for attendant benefits.3. Certain facts leading to the filing of O.A. by the Applicant are narrated thus:Petitioner joined the Railways as Clerk in 1980 and she was being promoted to higher posts from time to time. Finally, she was promoted to the post of Assistant Personnel Officer with effect from 21.7.1994. It is the case of the petitioner that she was deputed as Memb...


Nov 07 2003

Bogirouthu Suryakantham and anr. Vs. Kandhi Sanyasinaidu and ors.

Court: Andhra Pradesh

Decided on: Nov-07-2003

Reported in: 2004(2)ALD290

ORDERP.S. Narayana, J.1. Heard Sri O. Manohar Reddy, the learned Counsel representing the petitioners and Sri P.R. Prasad, the learned Counsel rcprcscnling the respondents.2. The civil revision petition is filed as against an order made in I.A. No. 1705 of 2003 in O.S. No. 155 of 1996 on the file of the Additional District Judge, Vizianagaram.3. The plaintiffs in the above said suit moved an application before the Courtbelow in I.A. No. 1705 of 2003 under Order 6, Rule 17 read with Section 151 of the Code of Civil Procedure read with Rule 28 of Civil Rules of Practice praying to permit them to amend the plaint by inserting Para III(g)(i). The learned Judge after recording the reasons had ultimately dismissed the said application. Assailing the same, the present civil revision petition is preferred.4. Sri O. Manohar Reddy, the learned Counsel for the petitioners submitted that the main ground on the basis of which the learned Additional District Judge, Vizianagaram had dismissed the app...


Nov 07 2003

Mohd. Dowlath and anr. Vs. State of A.P.

Court: Andhra Pradesh

Decided on: Nov-07-2003

Reported in: 2004(1)ALD(Cri)822; 2004CriLJ760; I(2004)DMC447

K.C. Bhanu, J.1. This appeal is directed against the Judgment, dated 20-9-1999. (or 20-12-99) in S. C. No. 86/1996, on the file of V Additional Metropolitan Sessions Judge, Hyderabad, whereby the learned Sessions Judge found A-1 and A-2 guilty and sentenced A-1 to suffer rigorous imprisonment for seven years under Section 304/304-B. IPC, A-1 and A-2 to suffer rigorous imprisonment for two years each under Sections 498-A and 201, I.P.C. with a fine of Rs. 500/- each in default of payment of which to suffer simple imprisonment for three months each under Section 498A, I.P.C . with a direction to run the substantive sentences concurrently.2. The Prosecution case in brief is that the 2nd daughter of P.W. 2, Syada Tasleena Shanaz, who was the deceased in this case, was given in marriage to A-1. A-2 is the mother of A-1. At the time of the marriage, the accused demanded Rs. 50,000/- cash and other articles. P.W. 2 paid a sum of Rs. 25,000/- and gave some household articles. Eight days after ...


Nov 06 2003

Municipal Corporation of Kurnool Vs. K. Veeranna and anr.

Court: Andhra Pradesh

Decided on: Nov-06-2003

Reported in: 2004(1)ALD36

ORDERC.V. Ramulu, J.1. The only question that falls for consideration in these writ petitions is whether the industrial dispute raised by the respondent-workmen before the Industrial Tribunal-cum-Labour Court, Anantapur is maintainable under Section 2-A(2) of the Industrial Disputes Act, 1947 (for short 'the Act') or it should have been routed through by raising regular conciliation proceedings and referred to the Labour Court as required under Section 10(1)(c) of the Act.2. Respondent No. 1 raised a dispute before Respondent No. 2 under Section 2-A(2) of the Act in I.D.Nos. 107 and 112 of 2003. In the claim statements filed by them before the Labour Court, they stated that they were employed for more than nine years continuously in the Water Works Department of Kallur Gram Panchayat, which merged with the Municipal Corporation, Kurnool with effect from 8-2-2002. Consequent to the merger, their services along with others were taken over by the Corporation. Even after the merger, they w...


Nov 06 2003

V. Suresh Babu Vs. District Co-operative Officer and ors.

Court: Andhra Pradesh

Decided on: Nov-06-2003

Reported in: 2004(1)ALD358; 2004(2)ALT128

ORDERC.V. Ramulu, J. 1. In all these writ petitions, a common question of law arises for consideration since the services of all the petitioners are sought to be terminated by invoking inter alia the provisions of the Andhra Pradesh (Regulation of Appointments to Public Services and Rationalisation of Staff Pattern and Pay Structure) Act, 1994 (Act 2 of 1994), which has come into force with effect from 25-11-1993.2. According to the petitioners, Act 2 of 1994 has no application to the societies constituted and registered under the Andhra Pradesh Co-operative Societies Act, 1964 (for short 'APCS Act'). Thus, the only question that arises for consideration of this Court is :Whether Act 2 of 1994 is applicable to the Co-operative institutions registered under the Andhra Pradesh Co-operative Societies Act, 1964 or not ?3. The petitioners, in all these cases, have been working in various capacities in the Primary Agricultural Co-operative Societies/Primary Agricultural Co-operative Credit S...


Nov 06 2003

N. Eshwara Prasad and ors. Vs. Margadarshi Chit Fund Limited and anr.

Court: Andhra Pradesh

Decided on: Nov-06-2003

Reported in: 2004(3)ALD128; 2004(3)ALT159; III(2004)BC227

ORDERT. Ch. Surya Rao, J.1. This revision petition is directed against the order dated 28-7-2003 passed by the learned Principal Senior Civil Judge, Warangal in I.A. No. 90 of 2003 in LA. No. 868 of 2002 in O.S. No. 120 of 1999.2. The unsuccessful Defendants 2 to 5 are the revision petitioners. The first respondent herein is the plaintiff and the second respondent herein is the first defendant in the suit. The first respondent-plaintiff filed the suit for recovery of amount from the Defendants 2 to 5, the first defendant being the principal debtor and Defendants 2 to 5 are the guarantors.3. During the pendency of the suit, the Defendants 2 to 5 filed LA. No. 868 of 2002 seeking leave of the Court to permit them to file a counter-claim in the suit. While that application has been pending, the plaintiff in the suit filed LA. No. 90 of 2003 requesting the Court to exclude the counter-claim sought to be filed by defendants by dismissing LA. No. 868 of 2002. Both LA, No. 90 of 2003 and LA. ...


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