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Andhra Pradesh Court February 2003 Judgments

Feb 28 2003

Sachivada Simhachalam and anr. Vs. Kalla Naidu and ors.

Court: Andhra Pradesh

Decided on: Feb-28-2003

Reported in: 2003(3)ALD70; 2003(3)ALT325

ORDERB. Sudershan Reddy, J.1. This Civil Revision Petition is filed by the tenants under Section 22 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short 'the Act') aggrieved by the judgment dated 4-3-2002 made in R.C.A. No. 42 of 1996 by the learned Principal Senior Civil Judge-cum-Rent Control Appellate Authority, Visakhapatnam.2. For the sake of convenience, the parties herein shall be referred to as arrayed in R.C.C. No. 101 of 1995 on the file of the learned Rent Controller, Visakhapatnam.3. The deceased first petitioner filed the said RCC under Sections 10 (1) (2) (i), 3 (b) of the Act against the respondents (petitioners herein) contending that he is the owner of the thatched house consisting of four rooms bearing Door No. 58-6-8, covered by Survey No. 150/1 admeasuring an extent of Ac.0-52 cents and other adjacent properties admeasuring about Sc.7-00. It is not necessary in detail to notice the origin of the right, title and interest of the dec...

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Feb 28 2003

A.P. Industrial Infrastructure Corporation Limited, Rep. by Its Chairm ...

Court: Andhra Pradesh

Decided on: Feb-28-2003

Reported in: 2003(4)ALD774

ORDERP.S. Narayana, J.1. This Batch of Transfer Civil Miscellaneous Petitions are filed by the A.P. Industrial Infrastructure Corporation Limited, represented by the Chairman and Managing Director praying for transfer of O.P. No. 240 of 1994 and batch pending on the file of the Senior Civil Judge, Gadwal, to the file of Additional District Judge, Mahabubnagar, for enquiry along with O.P. No. 929 of 1999 and pass such other further order or orders.2. In the facts and circumstances of the case, certain of the transfer C.M.P.s were admitted and interim stay also had been granted and when the other Transfer C.M.P.s came up for admission, Sri R. Ramachandra Reddy, the learned counsel representing the respondents in all these transfer C.M.P.s had taken notice and had brought the fact to the notice of this Court that in Transfer C.M.P. No. 475 of 2002 this Court had passed an order ordering transfer of O.P. No. 929 of 1999 pending on the file of Additional District Judge, Mahabubnagar, to the...

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Feb 27 2003

Spl. Dy. Collector, L.A. Railways Vs. Peddinti Ramanuja Chary and anr.

Court: Andhra Pradesh

Decided on: Feb-27-2003

Reported in: 2003(3)ALD572

B.S.A. Swamy, J.1. This Appeal arises out of an Award and Decree passed by the Senior Civil Judge, Nalgonda, on a reference made by the Land Acquisition Officer, under Section 18 of the Land Acquisition Act (hereinafter referred as 'the Act').2. The lands belonging to the respondents along with the lands belonging to others were acquired for laying new Broad guage Railway line from Bibinagar to Nadikude, by issuance of notification under Section 4(1) of the Act on 25-8-1977 and the possession of the lands was taken over on 9-8-1977. In the Award enquiry while some claimants claimed compensation at a rate of Rs. 48,000/- per acre, the respondents claimed Rs. 25,000/- per acre. Ultimately, the Land Acquisition Officer awarded compensation at Rs. 1,850/- for dry lands and Rs. 2,775/- for wet lands. At the instance of the land losers reference applications were filed before the Civil Court and they were disposed of separately. The Civil Court seemed to have disposed of O.P.No. 114 of 1983 ...

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Feb 27 2003

Pushpagiri Mutt Vs. C. Indiramma

Court: Andhra Pradesh

Decided on: Feb-27-2003

Reported in: AIR2003AP379; 2003(4)ALD267; 2003(4)ALT348

P.S. Narayana, J.1. Heard Sri R. Subba Rao, Counsel representing the appellant and Sri O. Manohar Reddy, Counsel representing the respondent.2. Pushpagiri Mutt, represented by its Manager, defendant in the suit, is the appellant in the Second Appeal. The respondent is the plaintiff. The parties are referred to as plaintiff and defendant as arrayed in the original suit for the purpose of convenience.3. The plaintiff instituted the suit O.S.No. 49784 on the file of Subordinate Judge, Penukonda, for the relief of specific performance of an agreement of sale dated 10-1-1983 by the defendant and to execute a registered sale deed in favour of the plaintiff in respect of plaint schedule property for Rs. 11,200/- and for costs and also for such other relief or reliefs as the Honourable Court may deem fit and necessary in the circumstances of the case in the interest of justice.4. The factual matrix as narrated in the respective pleadings of the parties can be specified as hereunder.5. It was p...

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Feb 27 2003

Ramya Wines Vs. Government of Andhra Pradesh and ors.

Court: Andhra Pradesh

Decided on: Feb-27-2003

Reported in: 2003(4)ALD519; 2003(5)ALT780

ORDERV.V.S. Rao, J.1. All the petitioners are holders of Form IL-24 licence issued under the A.P. Indian Liquor and Foreign Liquor Rules, 1970. By virtue of the licence granted to them, they are permitted to sell Indian liquor and Foreign Liquor (IML) in sealed or capsuled bottles in quantities not exceeding six quarts bottles (each of 750 ml) of all liquor other than Beer and 12 quarts bottles of beer at any time or in any single transaction. All the petitioners obtained licences for the year 2001-2002 valid from 1.3.2001 to 31.3.2002. At the time of renewal of their licence for the year 2002-2003 (from 1.4.2002 to 31.3.2003), the licensing authority issued a notification in accordance with the Government policy inviting applications for grant of lease of right to sell Indian Liquor, Foreign Liquor and Beer in Retail at places mentioned in the list appended to the notification (in some cases such notifications were issued on 9.4.2002 or thereabout). Assailing the said notifications is...

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Feb 27 2003

In Re: Compact Power Sources Pvt. Ltd. and anr.

Court: Andhra Pradesh

Decided on: Feb-27-2003

Reported in: 2004(2)ALT735; [2005]125CompCas289(AP)

N.V. Ramana, J.1. These two Company Petitions have been filed by M/s. Compact Power Sources Private Limited (Transferor Company) and M/s. HBL Nife Power Systems Limited (Transferee Company) under Sections 391 - 394 of the Companies Act, 1956 (for short 'the Companies Act') seeking approval of the Scheme of Arrangement.The Transferor Company was originally incorporated during 1997 in the State of Tamil Nadu under the provisions of the Companies Act and subsequently with effect from 23-5-2003 it was transferred to the State of Andhra Pradesh, The Transferor Company, as is reflected by its Memorandum of Association, was incorporated with the main objects of carrying on business of manufacture, purchase, retail, import, export or otherwise deal in Miners Cap Lamps and Batteries for industries, automobiles, solar systems, railways and other items such as industrial and marine safety equipments, etc. Clause III(A) 14 of the Memorandum of Association enables the Transferor Company to amalgama...

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Feb 27 2003

Md. Abdul Azeez Vs. the State of A.P.

Court: Andhra Pradesh

Decided on: Feb-27-2003

Reported in: 2003(1)ALD(Cri)970; 2003(2)ALT(Cri)84; 2003CriLJ4410; II(2003)DMC605

ORDERDubagunta Subrahmanyam, J.1. This revision is filed against the judgment dated 8-3-2001 in Criminal Appeal No. 179 of 1997 on the file of VI Additional Metropolitan Sessions Judge, Secunderabad, confirming the conviction under Section 498-A, I.P.C., and modifying the sentence of imprisonment in C. C. No. 455 of 1995 on the file of XXII Metropolitan Magistrate, Hyderabad by her judgment dated 22-4-1997. The first accused filed this revision.2. Necessary facts for the disposal of this revision petition are as follows: P.W. 1 is the father of P.W. 2. He is a retired senior Government official. He performed the marriage of his daughter P.W. 2 with first accused on 30-12-1988. After marriage, P.W. 2 joined her husband at his residence and lived there for a short period only. For the purpose of disposal of this revision, the version of the prosecution regarding giving dowry, etc., at the time of marriage of P.W. 2 need not be mentioned. It is the version of the prosecution that on deman...

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Feb 27 2003

K. Krishna Reddy Vs. A.P. State Police Housing Corporation Ltd. and or ...

Court: Andhra Pradesh

Decided on: Feb-27-2003

Reported in: 2003(2)ALT680

ORDERD.S.R. Varma, J.1. This writ petition is filed seeking a declaration that the action of 1st and 2nd respondents in awarding contract to the 4th respondent in respect of work at Sl.No. 20 of Tender Notice No. 4/2002-2003/1600, dated 24-06-2002, as illegal and arbitrary, and for a consequential direction that the petitioner is eligible for award of the said contract.2. The factual matrix is that the petitioner is a P.W.D (R&B;) Special Class Contractor involved in construction of buildings since 1966. The 4th respondent also is a Special Class Contractor in the same field. The 1st respondent issued a tender notice No. 4/2002-2003/1600, dated 24-06-2002, soliciting sealed tenders from the registered contractors for construction of various works including construction of Unified Command and Control Room for Counter Intelligence at Lakdikapool, Hyderabad, enumerated at Sl.No. 20 of the said notice. The approximate value of the work was specifically indicated as Rs. 480.00 lakhs. Experi...

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Feb 27 2003

Lakshmi Associates Vs. Y.C. Rao

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Feb-27-2003

P. Ramakrishnam Raju, President: 1. The opposite party, who is common in all the complaints, is the appellant in the above appeals. As the defence is common in all the appeals, we deem it appropriate to dispose of them by a common judgment as is done by the District Forum. 2. The complainants purchased undivided interest in the land and entered into agreements for construction of flats with the appellant called Balaya Sastry layout. Though the entire consideration under the agreements as well as for extra works was paid, the appellant did not deliver the possession of the flats within the stipulated time as per the terms of the agreement. The appellant constructed two flats unauthorisedly and constructed in all 36 flats while the permission was obtained for 34 flats only. Though the complainants paid towards the cost of electric supply, the appellant has not given any account. The construction was defective in many respects and the quality of the construction is far below the desired s...

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Feb 27 2003

M. Surya Narayana Gupta Vs. New India Assurance Co. Ltd.

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Feb-27-2003

P. Ramakrishnam Raju, President: 1. The complainant obtained a Miscellaneous Accident Insurance Policy for 8 fish tanks spread over to an extent of 8 Hectares in Srirampuram village under Policy No. 4761080501733 for a sum of Rs. 9,60,000/- from 15.12.1994 to 19.2.1995. While so the prawn was affected by disease on 7.2.1995 and he immediately intimated the same by telegram and also by telephone to the opposite parties 2 and 3 who appointed a Surveyor and the latter conducted the survey from 8.2.1995 to 13.2.1995. Though the Surveyor in his report dated 8.5.1995 reported that there is loss of crop due to Vibriosis disease and estimated the loss at Rs. 4,97,101/- the opposite parties instead of settling the case repudiated the same by their letter dated 27.11.1996 on untenable grounds. Hence the complainant filed this complaint claiming a sum of Rs. 10,46,240/- together with interest at 24 per cent per annum besides a sum of Rs. 5,000/- for mental agony etc. 2. The opposite parties in th...

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