Andhra Pradesh Court December 2003 Judgments
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G. Valli Alias Rayaprolu Vs. State of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Dec-18-2003
Reported in: AIR2004AP174; 2004(4)ALT59
ORDERG. Yethirajulu, J.1. These two Revision Petitions i.e. C.R.P. Nos. 405 and 406 of 1995 are filed by the major daughters of the declarant against the order of the Land Reforms Appellate Tribunal, West Godavari at Eluru in L.R.A. Nos. 98 and 96 of 1994 respectively. The second respondent is the declarant. He was declared as a surplus holder. His daughters Valli and Saroja contended that by virtue of the amendment brought to Hindu Succession Act in the year 1986, they are entitled for share in the property of the declarant on par with the sons, and if their shares are excluded, the declarant becomes a non surplus holder. Therefore, they requested to exclude their shares from the holding of the declarant. The plea of the revision petitioners was not accepted by the Appellate Tribunal. They preferred these revision petitions questioning the validity and legality of the said order. Since both the revision petitions are against a common order passed by the Tribunal and are in respect of ...
Vissa Television Network Ltd. and ors. Vs. Gemini Television P. Ltd. a ...
Court: Andhra Pradesh
Decided on: Dec-18-2003
Reported in: 2004(1)ALD(Cri)410; [2005]125CompCas815(AP)
C.Y. Somayajulu J.1. The first respondent filed a private complaint alleging that it acquired copyright over the Telugu feature film 'Badi' by virtue of an agreement dated April 11, 1998, entered into with M/s. Suma Priya Creations, represented by its proprietor J.V. Rama Rao. The petitioners who have no manner of rights, title or interest over the said film 'Badi' had telecast the said feature film on June 28, 2003 and hence are liable for punishment under Section 63 read with Section 69 of the Copyright Act, 1957 (for short 'the Act').2. The learned Magistrate, after recording sworn statement of Mr. K. Radhakrishna, manager of the first respondent branch at Hyderabad took cognizance of the offence under Section 138 of the Negotiable Instruments Act, obviously a mistake for Section 63 of the Act, and issued summons to the petitioner. This petition is filed to quash the said complaint.3. The contention of learned counsel for the petitioners is that since wilful violation of copyright i...
Syed HussaIn Aga Vs. Joint Registrar Co-operative Officer and ors.
Court: Andhra Pradesh
Decided on: Dec-17-2003
Reported in: 2004(1)ALD247; 2004(4)ALT561
ORDERL. Narasimha Reddy, J. 1. The petitioner is the Chairman of the Hyderabad Co-operative Bank Limited, Yakutpura, Hyderabad, the 3rd respondent, (for short 'the bank'). He challenges the notice dated 28-8-2003 issued by the 1st respondent-Joint Registrar/ District Co-operative Officer, Hyderabad. Through the impugned notice, the 1st respondent directed the petitioner and other members of the Board of Directors of the bank to show-cause, as to why an order shall not be passed superseding the Board of Directors, under Section 34 of the A.P. Co-operative Societies Act (for short 'the Act'). The other members of the Board of Directors are said to have authorised the petitioner to file this writ petition.2. The case as presented by the petitioner is as under :3. The bank was established with due registration under the Act and obtaining necessary permission from the 4th respondent-Reserve Bank of India (for short 'the RBI') and that it was operating within the banking norms. In the months...
Indian Bank Vs. V.R. Venkataraman and ors.
Court: Andhra Pradesh
Decided on: Dec-17-2003
Reported in: 2004(4)ALD307; 2004(3)ALT665
S.R.K. Prasad, J. 1. This appeal is directed against the judgment and decree dated 24-6-1991 passed in O.S. No. 106 of 1988 on the file of the Additional Subordinate Judge, Chittoor, dismissing the suit against Defendants 2 and 3 which has been filed on the strength of an alleged mortgage of deposit of title deeds. The plaintiff is the appellant.2. The facts that arise for consideration can be briefly stated as follows:On 25.8.1985 the first defendant, who is the first respondent herein, applied for credit facility for his arrack and toddy business. Defendants 2 and 3, being Respondents 2 and 3 herein, agreed to provide necessary security and offered themselves to be guarantors on behalf of the first defendant to the plaintiff for payment of the amount advanced to the first defendant and they submitted the details of assets and liabilities to the plaintiff. The first defendant executed the guarantee agreement on 30-9-1985 in favour of the plaintiff. All the defendants on 30-9-1985 exec...
Babbala Rayalamma Vs. Assistant Commissioner, A.P. Charitable Religiou ...
Court: Andhra Pradesh
Decided on: Dec-17-2003
Reported in: 2004(4)ALD518
ORDERG. Yethirajulu, J.1. This civil revision petition is filed by a private person who was the petitioner in O.A. No. 66 of 1985 against the order of the Deputy Commissioner, Endowments Department, Guntur dated 12-3-1991.2. The Revision Petitioner filed the said O.A. under Sections 40 and 77 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act 17/66 praying to declare that the tank in question is a private Trust and the land in an extent of Ac.01-37 cents in Survey No. 70 and Ac.04-21 cents in Survey No. 98 is not a Charitable Endowments.3. The Deputy Commissioner after taking into consideration, the evidence adduced by both parties, came to a conclusion that the Revision Petitioner is not entitled for declaration. Accordingly, dismissed the petition on 12-3-1991.4. The Revision Petitioner being aggrieved by the order of the Deputy Commissioner, filed A.S. No. 26 of 1991 on the file of the Additional District Judge, Ongole and the said appeal was also d...
Assistant Superintendent of Post Office, Bhadrachalam Sub-division and ...
Court: Andhra Pradesh
Decided on: Dec-16-2003
Reported in: 2004(1)ALT779
G. Bikshapathy, J.1. The Writ Petition is filed by the Central Government challenging the Order passed by the Central Administrative Tribunal in O.A.No. 3 of 2001, dated: 12-3-2003.2. The respondent filed an O.A. challenging the Order dated: 29-9-1997 passed by the Assistant Superintendent of Post Office, Bhadrachalam, Khammam Division removing the respondent from service as confirmed by the appellate and revisional authorities. The respondent, who is an applicant before the tribunal was appointed as Extra Departmental Delivery Agent (for brief 'E.D.D.A.'), Pinapaka in Bhadrachalam sub-area with effect from 15-9-1981. While he was working at Pinapaka, he applied for leave from 6-2-1996 to 25-2-1996 on the ground that his brother-in-law fell sick and he has to be treated at Hyderabad. Ultimately, his brother-in-law expired. It is also his case that on account of the tremendous stress, he also fell sick and could not resume duty. A charge memo dated: 30-12-1996 was served alleging that h...
Sagar Sugars and Allied Products Ltd. Vs. Transmission Corporation of ...
Court: Andhra Pradesh
Decided on: Dec-15-2003
Reported in: 2004(1)ALD419; 2004(2)ALT41
ORDERD.S.R. Varma, J.1.The petitioner seeks a declaration that the action of the respondents 1 and 2 in abruptly stopping the evacuation of the power generated by the petitioner-company pursuant to the letter dated 17.3.2003, as without authority of law, contrary to the terms of the power purchaser agreement and directives of the A.P. Regulatory Commission and illegal and consequently seeks a direction to the respondents to evacuate the entire power generated by the petitioner-company forthwith and pay the bills.2. The backdrop that lead to the present litigation is that the petitioner is a registered company. Initially the petitioner wanted to establish a sugar factory at Nalavoy Village in Chittoor District and accordingly obtained necessary permissions from the Government of India and started erection of the sugar factory. With a view to utilize the bagasse (agro-waste), which is the by-product of the sugar factory, the petitioner wanted to establish the power project with bagasse a...
G. Anasuyamma Vs. Kandulapuram Primary Agricultural Society and ors.
Court: Andhra Pradesh
Decided on: Dec-15-2003
Reported in: 2004(1)ALD526; 2004(1)ALT787
ORDERD.S.R. Varma, J. 1. This writ petition is filed for a writ of Mandamus to declare the proceedings in surcharge order and the sale notice in E.P. No. 1/2001-2002 dated 5.2.2003 as illegal and arbitrary and consequently quash the same.2. The brief facts of the case are that the petitioner is the wife of G. Nandi Reddy, a former President of the Society. During 1981-1985 allegedly certain irregularities were committed by him. Subsequently an inspection was conducted under Section 53 of the A.P. Co-operative Societies Act, 1964 (for short 'the Act') and it was found that the husband of the petitioner committed certain irregularities and caused deficiency to the assets of the society to the tune of Rs. 25,848/- between 1981-1985. Basing on the inspection report, surcharge notice dated 25.1.1995, was served on the petitioner on 16.4.1995. Consequently the surcharge order was passed on 27.9.1996 to recover the amounts and proceedings were also initiated under Rules 52 and 53 of the A.P. ...
Kuriminelli Chinna Vs. the State of A.P.
Court: Andhra Pradesh
Decided on: Dec-15-2003
Reported in: 2004(1)ALD(Cri)506; 2004CriLJ1634
S.R.K. Prasad, J. 1. The Accused has preferred this appeal against the conviction and sentence of rigorous imprisonment for 5 years for the offence punishable under Section 354, IPC and also sentencing him to undergo simple imprisonment for a period of 6 months for the offence under Section 3(1)(xi) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the SC and ST Act') and also imposing a fine of Rs. 100/- under each count by the Additional Sessions Judge, Vizianagaram in SC 77 of 1996 On 26-3-1999.2. It is the case of the prosecution that on 6-3-1996 at about 5.00 p.m. during evening time, the accused caught hold the hand of P.W. 1 and dragged her into his motor shed, and thereupon, she got herself released from his clutches and reported the same to her husband--Paturi Venkatarao (P.W. 2). Later, they went to the Police Station and presented a report on 6-3-1996 at about 9.30 p.m. which resulted in registering of Cr. No. 30 of 1996 of Gurla Po...
R.V. Bhuvaneswari and ors. Vs. Ponnuboina Chencu Ramaiah (Died) and or ...
Court: Andhra Pradesh
Decided on: Dec-12-2003
Reported in: 2004(1)ALD539
ORDERV. Eswaraiah, J.1. The petitioners herein are the plaintiffs. They filed the suit O.S. No. 63 of 2001 for partition of the plaint Schedule joint family properties, and to allot the shares, for which they are entitled, by passing a preliminary decree. After numbering the suit, the Office of the Senior Civil Judge, Kavali, in the said O.S. No. 63 of 2001 putup a check slip stating that the said suit is for partition of plaint schedule properties and for allotment of shares of Plaintiffs 1 and 2 and defendants and also for permanent injunction restraining Defendants 1 to 4 and 7 from making any attempts to raise constructions over any portion of the plaint schedule property. As per the averment in the plaint, Defendants 1 to 4 sold some of the plaint schedule properties to D-7. Therefore, the plaintiffs are not entitled to joint possession and enjoyment of such portion of the schedule property and thus the plaintiff's are liable to pay Court fee under Section 34(1) of A.P. Court Fees...
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