Andhra Pradesh Court December 2003 Judgments
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Syed AmeeruddIn Quadri and ors. Vs. Sri Laxmi Chits and ors.
Court: Andhra Pradesh
Decided on: Dec-12-2003
Reported in: 2004(4)ALD438
ORDERP.S. Narayana, J.1. Heard Sri Srinivasa Rao, Counsel representing Sri K. Venkata Rao, Counsel for the revision petitioners, Sri A. Satyaraj Babu, Counsel representing Respondents 1 and 2 and the learned Advocate General.2. The revision petitioners are defendants in OS No. 59 of 2000 on the file of Senior Civil Judge, Kothagudem. The said defendants suffered a decree on 7-4-2001 and Respondents 1 and 2 who are the plaintiffs in the said suit had put the said decree into execution by filing E.P. No. 94 of 2001 in OS No. 59 of 2000 on the file of Senior Civil Judge, Kothagudem. The petitioners/defendants, who are the judgment-Debtors in the said E.P. are raising an objection to the very execution of the said decree by the said Court on the ground that Rule 35 of the Andhra Pradesh Agency Rules, 1924 framed under Section 6 of the Scheduled Districts Act, 1874 (in short Rules) would operate as a bar and unless the said procedure is followed, though the decree was passed by the learned ...
Kotha Srinivasa Rao Vs. Ganta Nagaratnam and anr.
Court: Andhra Pradesh
Decided on: Dec-12-2003
Reported in: 2004(5)ALD29
ORDERP.S. Narayana, J.1. Heard Sri K.V. Subrahmanya Narsu, the Counsel representing the petitioner and Sri J. Srinivasa Rao, the Counsel representing the first respondent.2. The petitioner herein and the second respondent are brothers. The present revision petitioner had taken a stand that he is an independent tenant, claiming tenancy rights under the landlady. The stand taken by him is that his brother was the prior tenant. The stand taken by the landlady is that the revision petitioner is just a member of the self same family.3. The learned Junior Civil Judge, Ichapuram by virtue of the impugned order had impleaded the revision petitioner also as a party, observing that the points raised relating to fresh lease can be decided in the E.P.4. Reliance was placed upon the decision of this Court in Vaggu Agamaiah and Ors. v. South Central Railway., : 2002(2)ALD388 , and a contention was P advanced that :'Inasmuch as Order 1, Rule 10 of Code of Civil Procedure is not applicable at the stag...
Sharda Finance Corporation Vs. L. Laxman Goud and anr.
Court: Andhra Pradesh
Decided on: Dec-12-2003
Reported in: 2004(1)ALD(Cri)596; IV(2004)BC244
K.C. Bhanu, J.1. The appeal is directed against the judgment dated 31.12.1999 in C.C. No. 215 of 1998 on the file of the Court of Judicial First Class Magistrate, Gadwal whereunder the accused-respondent No. 1 herein was acquitted for the offence punishable under Section 138 read with Section 142 of the Negotiable Instruments Act on two grounds. Firstly, that the complainant-appellant failed to establish that the cheque in question was issued by the accused towards discharge of legally enforceable debt and, secondly, that the complainant had no valid money lending licence as on the date of transaction i.e. 30.5.1996. It is as against the said acquittal, the present appeal is filed by the complainant-appellant questioning the legality and correctness thereof.2. The brief facts that are necessary for the disposal of the appeal may be stated as follows :The complainant is a registered partnership firm registered under the Indian Partnership Act, 1952 and has been doing money lending busin...
S. Prabhavathi Vs. Superintendent of Post Office
Court: Andhra Pradesh
Decided on: Dec-11-2003
Reported in: 2004(3)ALD149
ORDERA. Gopal Reddy, J. 1. The petitioner claims to be a nominee of two Kisan Vikas Patras of Rs. 50,000/- denomination each, deposited by her mother-in-law, late Smt. Subbalakshmi, on 30-5-1995, which would be matured by 30.9.2001.2. It is stated that late Subbalakshmi obtained two Kisan Vikas Patras showing the petitioner and her father-in-law, late Anjaneyulu who is the husband of the investor, as nominees. Subsequently, her father-in-law died on 8-12-1995 and mother-in-law died on 14-7-1996, much prior to the maturity of the Kisan Vikas Patras. The petitioner went to her parents house in the month of January, 2001. At that time, the said Vikas Patras were taken away by the sister of her husband. A complaint was lodged by the petitioner to the police about the missing of Vikas Patras and also gold ornaments and the police after investigation, closed the same as a family dispute. When the petitioner approached the respondent seeking for issue of duplicate certificates, the respondent...
Cherukuwada Vijaya Laxmi Vs. Veluri Sitapathi and ors.
Court: Andhra Pradesh
Decided on: Dec-11-2003
Reported in: 2004(2)ALD570
ORDERG. Yethirajulu, J.1. This revision petition is filed by the decree holder and petitioner in IA No. 42/1999 in O.S. No. 48/1992. She filed the suit for specific performance of an agreement of sale in respect of an extent of Ac.0.32 cents situated in Survey No. 155/1 against defendant Nos.1 to 5.2. One of the defendants, who has a share in the property, did not sign the agreement of sale though it was executed on behalf of all the persons. The lower Court, therefore, granted the decree to the extent of the shares of the persons, who signed on the agreement of sale on 17.4.1986.3. Subsequently, at the instance of the revision petitioner, a Commissioner was appointed to localise and divide the property by way of excluding the share of the third defendant. The Commissioner during the localisation, identified the property with the help of the surveyor, satisfied with the boundaries, the extent mentioned in the agreement of sale and the plaint. But, the Commissioner in his report mention...
Darius Shapur Chenai Vs. Union of India (Uoi) and ors.
Court: Andhra Pradesh
Decided on: Dec-10-2003
Reported in: 2004(1)ALD8; 2004(1)ALT439
B. Sudershan Reddy, J.1. The owner of a piece of land, admeasuring 1220 square yards, situated at the Secretariat Road, Hyderabad, having parted away the same on lease to Caltex India Limited as early as in the year 1965 for a period of ten years, is still awaiting to recover the same. He is fighting the legal battle ever since 1984, when he for the first time requested the 4th respondent-Hindustan Petroleum Corporation Limited (for short 'the Corporation') to vacate and handover the vacant possession of the land on 34-1984.Factual matrix:2. The petitioner invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India by filing the present writ petition in the year 1989 challenging the draft notification issued under Section 4(1) of the Land Acquisition Act, 1894 (for short 'the Act') published in the A.P. Gazette Part-I, Extraordinary, Hyd. No. 16, dated 3-6-1989 as well as the declaration published under Section 6(1) of the Act in the A.P. Gazette...
M.V.S. Satyanarayana and anr. Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Dec-10-2003
Reported in: 2004(1)ALD256; 2004(2)ALT326
ORDERL. Narsimha Reddy, J. 1. The petitioners challenge the proceedings initiated under Section 10(5) of the Urban Land (Ceiling and Regulation) Act, 1976 (for short 'the Act') in respect of two plots each of 576 sq. yards in Sy.Nos.495, 498 and 499 of Khapra Village, Vallabhnagar Mandal, Ranga Reddy District.2. The lands in those survey numbers were initially held by one Smt. Erram Laxmamma. The total extent of the lands was about 15 acres. She transferred the said lands in favour of one v. Narayandas through sale deed dated 4-4-1964. When the lands were held by Narayandas and his family members, the Act came to be extended to the State of Andhra Pradesh. Since the lands were within the Hyderabad Urban Agglomeration, Narayandas and his three brothers filed declarations under Section 6 of the Act before the 2nd respondent. On a consideration of the same, the 2nd respondent passed individual orders dated 12-11-1982 under Section 8(4) of the Act, taking the view that each of the said dec...
Mustyala Rajeshwari and ors. Vs. Ramidi Rajanna
Court: Andhra Pradesh
Decided on: Dec-10-2003
Reported in: AIR2004AP163
ORDERP.S. Narayana, J.1. Respondents in I.A. No. 460 of 2003 in O.S. No. 23 of 1995 on the file of the Senior Civil Judge, Peddapalli, had preferred the present Civil Revision Petition, having been aggrieved by the impugned order reopening of the case for further evidence on an application moved by the respondent herein plaintiff in the suit. The learned Senior Civil Judge, Peddapalli on the main ground that the plaintiff was permitted to adduce rebuttal evidence after closure of the evidence of the defendants had thought it fit to give an opportunity and ultimately had allowed the said application without costs.2. Sri Subrahmanyam, learned counsel representing Sri Ashok Raj, learned counsel appearing for he petitioners had drawn the attention of this Court to the proviso to Order XVII, Rule 1 of the Code of Civil Procedure (for brevity, the Code) and had maintained that inasmuch as it is clear that several adjournments had been granted, the question of reopening the matter at a belate...
V. Rosaiah and N.P. Reddy and Co. Vs. Forensic Science Laboratory and ...
Court: Andhra Pradesh
Decided on: Dec-10-2003
Reported in: 2004(3)ALD144; 2004(2)ALT105
ORDERL. Narasimha Reddy, J.1. The petitioner is a partnership concern and runs a petroleum retail outlet of Bharat Petroleum Corporation, at Chodavaram, Guntur District. The Superintendent of Police, Vigilance and Enforcement Department, Guntur District, the 2nd respondent, inspected the outlet on the intervening night of 23/24-8-2002. On the allegation that the petitioner was indulging in adulteration of diesel in the outlet, proceedings were initiated and the outlet was seized. The samples drawn by the 2nd respondent were analysed by the Forensic Science Laboratory, Hyderabad, the 1st respondent, through Gas Chromatography Technique. A report dated 21-9-2002 discloses that the product was adulterated.2. License issued to the petitioner under A.P. Petroleum products (L&R;) Order 1980 (for short 'the Control Order') was suspended by the joint Collector on 7-10-2002. The petitioner preferred an appeal to the Commissioner of Civil Supplies. The appeal was allowed on the ground that the l...
K. Bhaskara Rama Murthy and ors. Vs. K. Satyavathi Devi and ors.
Court: Andhra Pradesh
Decided on: Dec-10-2003
Reported in: 2004(2)ALD336
ORDER1. This revision petition is filed by Defendants Nos. 1 to 3 in O.S. No. 282/ 1995 on the file of the I Additional Senior Civil Judge, Kakinada, questioning the order of the lower Court dated 25.10.2002.2. The plaintiffs filed the suit for partition and separate possession against the defendants, and the plaintiffs wanted to rely on a document, which was marked as Ex.A.9. The plaintiffs described the said document as a partition list. During the evidence of P.W.1 the defendants objected for marking of the same contending that it is a partition deed and as it is not duly stamped and registered, it cannot be admitted in evidence. The lower Court while recording the evidence of P.W.1 made the following observations:'The recitals in the document show that it is a partition list. Even prior to 29.12.1971, they have already partitioned their joint family properties and on 29.12.1971 they have executed the above document to show their previous partition and the shares fell to the respect...
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