Andhra Pradesh Court December 2003 Judgments
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Ronda Narapa Reddy and ors. Vs. Ronda Suryanarayana Reddy
Court: Andhra Pradesh
Decided on: Dec-23-2003
Reported in: 2004(4)ALD52; 2004(4)ALT765
P.S. Narayana, J.1. Heard Sri Vijaya Chowdary, learned Counsel representing the appellants and Sri Anand, Counsel representing the respondents.2. Sri Vijaya Chowdary, learned Counsel representing the appellants had raised the following substantial question of law in the present second appeal.Whether the Courts below are legally justified in granting the relief of mandatory injunction, though such a relief was not prayed for ?3. The learned Counsel for the appellants had taken this Court through all factual details, the evidence of P.W.1 to P.W.3, D.W.1 to D.W.3, Exs.A-1 and A2 and Exs.B1 and B2 and also Exs.C1 and C2 in detail and also had taken this Court through the findings recorded by both the Courts below and had commented that definitely the Courts below are not legally justified in granting the relief of mandatory injunction without a plea or without a prayer in relation thereto. The Counsel also would maintain that even on facts both the Courts had totally erred and had recorde...
Petlu Prakash and anr. Vs. Petlu Penchalamma and anr.
Court: Andhra Pradesh
Decided on: Dec-23-2003
Reported in: 2004(2)ALT535
Goda Raghuram, J.1. This second appeal is directed against the judgment and decree dt. 16-8-2003 in A.S.No. 103 of 2000 on the file of the III Additional District Judge, Fast Track Court, Kadapa reversing the judgment and decree dt. 25-10-2000 in O.S.No. 635 of 1998 on the file of the IV Additional Junior Civil Judge, Kadapa.2. The appellants herein are the plaintiffs. The suit was filed for permanent injunction. The plaintiffs pleaded that they are the permanent residents of Sanjeeva Nagar, Khajipet Mandal, Kadapa District. The Harijan Development Co-operative Society had owned a total extent of about Ac. 147 in different survey numbers in Chemulapalli village. The society leased out small extents of lands to 148 families of landless poor Harijans by the proceedings of its Chairman dt. 28-8-1973. The plaintiffs were granted ek-sal lease in an extent of Ac. 1.10 cents each in Section Nos. 243/1, 243/3 respectively. They reclaimed the land irrigated it through a community well and were ...
L. Parvathi Vs. Principal and Convenor Skucet and Lawcet-2003, Sri Kri ...
Court: Andhra Pradesh
Decided on: Dec-22-2003
Reported in: 2004(1)ALT411
ORDERL. Narasimha Reddy, J.1. The petitioner appeared in the common entrance examination conducted for selection of candidates into under graduate Course in Law; LAWCET-2003 on 26-5-2003. She secured 82nd rank at state level and 17th rank in the university area level namely: S.V. University area. She intended to take admission in the University College of Law of Sri Krishnadevaraya University, the respondent herein. It is her claim that she did not receive any intimation of her having been selected or requiring her to pay the fee. It is her case that when she approached the respondent, she was informed that the selections have already been concluded and since she did not turn up, the seat was allotted to some other candidate. Petitioner complains that she was wrongfully denied admission though she secured fairly good rank and though she belongs to a reserved community.2. In the counter affidavit made by the respondent, the fact that the petitioner had secured the rank referred to above...
P.M. Raju Vs. Nagarjuna Finance Limited
Court: Andhra Pradesh
Decided on: Dec-19-2003
Reported in: 2004(1)ALD541; III(2004)BC87
ORDERP.S. Narayana, J. 1. CRP No. 4381/2003 had been preferred as against an order in I.A. No. 244/2001 in O.S. No. 517/99 on the file of VIII Additional Chief Judge, City Civil Court, Hyderabad and CRP No. 4383/2003 as against an order in I.A. No. 243/2001 in O.S.No. 517/99. These applications were moved by Defendants 1 and 2 in the suit under Order 37 Rule 3 of the Code of Civil Procedure, hereinafter in short referred to as 'Code' praying to grant leave to them to defend the suit O.S. No. 517/99 on the file of VIII Additional Chief Judge, City Civil Court, Hyderabad. The learned Judge by order dated 18-8-2003 allowed the aforesaid applications on condition of the petitioners depositing a sum of Rs. 10 lakhs, subject to the result of the suit, in Civil Court on or before 2-9-2003 along with their written statements and on failure to comply with the said conditions, the petitions shall stand dismissed. Aggrieved by the imposition of the condition instead of granting unconditional leav...
Pauline Decruze and ors. Vs. M.F. Katha Singh and ors.
Court: Andhra Pradesh
Decided on: Dec-19-2003
Reported in: II(2004)ACC279; 2005ACJ1427; 2004(2)ALD133; (2004)IILLJ395AP
G. Yethirajulu, J.1. This appeal is preferred by the claimants in O.P.No. 370 of 1990 against the order of the Motor Accident Claims Tribunal-cum-District Judge, Rangareddy District at Saroornagar ('the Tribunal' for brevity).2. A person by name Earnest Cyril Decruze aged about 32 years died in a motor accident occurred on 10-1-1990. His wife and two minor children made an application under Section 166 of the Motor Vehicles Act, 1988 ('the MV Act' for brevity) claiming compensation of Rs. 3,50,000/-. The Tribunal while assessing the compensation payable to the claimants at Rs. 1,50,000/-dismissed the application on the ground that the petitioners are receiving the provident fund under the Employees State Insurance Act, 1948 ('the ESI Act' for brevity). The claimants being aggrieved by the order of the Tribunal preferred this appeal contending that the Tribunal erred in coming to the conclusion that the petitioners are not entitled for any compensation on the sole ground that they were ...
Lagudu Anuradha Vs. Gorrepotu Chellayyamma and ors.
Court: Andhra Pradesh
Decided on: Dec-19-2003
Reported in: 2004(3)ALD610; 2004(4)ALT197
ORDERP.S. Narayana, J.1. The rival parties to the present lis are represented by Sri G. Rama Gopal and Sri Gudapati Venkateswar Rao. The said learned Counsel representing the respective parties made submissions at length virtually touching all the questions involved in the present lis. The simple question in controversy between the parties is the order impugned ordering recounting of votes in E.O.P. No. 60/2001 on the file of Election Tribunal/Senior Civil Judge, Vizianagaram.2. Smt. Lagudu Anuradha, revision petitioner is 1st respondent in E.O.P. No. 60/ 2001 aforesaid and 1st respondent herein Gorrepotu Chettayyamma is the petitioner in the said E.O.P. In E.O.P. No. 60/2001 the relief prayed for at Para-6 reads as hereunder :a. Declaring that the Election of the 1st respondent as Member of Z.P.T.C. of Jami Z.P.T.C. as null and void and also invalid;b. Declaring that the petitioner is duly elected member of Jami Z.P.T.C. by ordering recounting of the ballot papers;c. ......d. ...........
Smt. R. Sudha Madhuri Devi Vs. Smt. K. Sudha and anr.
Court: Andhra Pradesh
Decided on: Dec-19-2003
Reported in: 2004(1)ALD(Cri)397; IV(2004)BC274; 2004CriLJ2167
ORDERB. Seshasayana Reddy, J. 1. This Criminal Revision Case is directed against the order dated 10-9-2003 passed in Crl. M.P. No. 5968 of 2003 in C.C. No. 1172 of 2001 on the file of XVII Metropolitan Magistrate, Hyderabad.2. The petitioner and the 1st respondent herein are A-3 and the complainant respectively in C.C. No. 1172 of 2001. The complainant was one of the partners in a partnership firm by name M/s. Sriven Incorporation. The petitioner herein, her husband-Rangaraju Satish Kumar and one Smt. R. Sobha are the other partners. The complainant retired from the partnership firm and a retirement deed came to be executed on 6-6-2001. In nutshell, there were four partners viz., Rangaraju Satish Kumar (A-2), Smt. R. Sudha Madhuri Devi (petitioner herein-A3), Smt. R. Sobha and Smt. Kotamgari Sudha (complainant). Out of four, two of them (K. Sudha and R. Sobha) retired from the partnership firm and a deed of retirement came to be executed on 6-6-2001. The retiring partners were paid cer...
M. Prasad Babu and anr. Vs. District Collector and ors.
Court: Andhra Pradesh
Decided on: Dec-19-2003
Reported in: 2004(1)ALT767
ORDERL. Narasimha Reddy, J.1. The petitioners contend that the land in survey No. 23-1A of Kakkalapalli Village. Anantapur Mandal, Anantapur District admeasuring Ac.15-95 cents was assigned to one Boya Subbigadu way back in the year 1929. The land has since been transferred in the year 1969 in favour of the grandfather of the petitioners for consideration. The name of the grandfather of the petitioners and thereafter the name of their father has been incorporated in the revenue records. Petitioners were also issued pattadar pass books and their names were entered in the revenue records.2. The President of All India Federation of Trade Unions. Anantapur, has submitted a representation dated 27-12-2001 to first respondent-District Collector, Anantapur requesting for grant of house site pattas in respect of as many as 1000 beneficiaries. On a direction issued by the first respondent, the Mandal Revenue Officer, the third respondent had identified the land of the petitioners for such asses...
Chekka Shantha Kumari Vs. Union of India (Uoi)
Court: Andhra Pradesh
Decided on: Dec-19-2003
Reported in: I(2006)ACC514
M. Narayana Reddy, J.1. This judgment, according to the law, arises out of a civil miscellaneous appeal filed by the sole appellant against the sole respondent, questioning the validity and legality of the adjudications made by and set forth in para 3, infra.2. The sole appellant is the sole applicant in I.A. No. 161 of 2001 of the file of Railway Claims Tribunal, Secunderabad Bench, Secunderabad (Tribunal), and is a private person. The sole respondent in this C.M.A. corresponds to the sole respondent in that I.A. and is the South Central Railway.3. Orders dated 2.5.2002 of the said Tribunal made in the said I.A. No. 161 of 2001 of its file, filed before it by the said private person against the railways under Sub-section (2) of Section 17 of Railway Claims Tribunal Act, 1987, refusing to condone the delay of 2190 days, in filing the claim application in respect of the death of her deceased son in a train accident on 23.9.1992.4. Aggrieved thereby and, hence, questioning the same, the ...
Chekka Shantha Kumari Vs. Union of India (Uoi) Represented by General ...
Court: Andhra Pradesh
Decided on: Dec-19-2003
Reported in: 2005ACJ1970
M. Narayana Reddy, J.1. This judgment, according to the law, arises out of a civil miscellaneous appeal filed by the sole appellant against the sole respondent, questioning the validity and legality of the adjudications made by and set forth in para 3, infra.2. The sole appellant is the sole applicant in LA. No. 161 of 2001 of the file of Railway Claims Tribunal, Secunderabad Bench, Secunderabad (Tribunal), and is a private person. The sole respondent in this C.M. A. corresponds to the sole respondent in that LA. and is the South Central Railway.3. Orders dated 2.5.2002 of the said Tribunal made in the said LA. No. 161 of 2001 of its file, filed before it by the said private person against the railways under Sub-section (2) of Section 17 of Railway Claims Tribunal Act, 1987, refusing to condone the delay of 2190 days, in filing the claim application in respect of the death of her deceased son in a train accident on 23.9.1992.4. Aggrieved thereby and, hence, questioning the same, the pr...
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