Andhra Pradesh Court February 2003 Judgments

B. Basiah (Died) and ors. Vs. Singanamala Esurathanam and ors.

Court: Andhra Pradesh

Reported in: 2003(4)ALT145

P.S. Narayana, J.1. The 4th defendant in O.S.No. 646/86 on the file of Principal District Munsif, Cuddapah, the purchaser of 3/4th share in items 3 and 4 of the plaint B schedule property, is the appellant in the Second Appeal. The appellant died pending the Second Appeal and the legal representatives are brought on record and the said legal representatives at present are prosecuting the present Second Appeal.2. At the outset, Sri Rajasekhar, counsel representing the appellants in the Second Appeal had drawn my attention to Ground No. 16(1) to (c) of the Memorandum of Grounds of Second Appeal and had contended that when sufficient properties were available to the family, any acquisition made by any one of the members of the family should be presumed to be properties of the family. The learned counsel also had placed strong reliance on Mallappa Girimallappa Betgeri v. R. Yellappagouda Patil, AIR 19659 SC 906.The learned counsel also had taken me through the findings which had been recor...

Steel City Securities Limited Vs. Innovative Information Technology an ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

P. Ramakrishnam Raju, President: 1. The complainant, a registered Company engaged in share broking and consultancy services purchased on 28.3.1997 a Think Pad Computer of IBM brand under bill dated 29.3.1997 for Rs. 3,90,000/- from the first opposite party manufactured by opposite parties 2 and 3. However from April, 1997 onwards it was not serving properly and the very purpose of purchasing the Thinkpad has been defeated because the external floppy disk drive FDD was not functioning. Though the first opposite party collected the instrument part for repairing and servicing as is evident from call report dated 18.12.1997 was lying with it upto 8.9.1998. However on 8.9.1998 the first opposite party came back with a new Thinkpad part to instal it. Even the substitute part could not be made to work. In the customer call report dated 8.9.1998 the same was mentioned. Even the registered notice sent by the complainant did not evoke any response. As such, the complainant suffered business loss...

Kum. Ch. Jayalaxmi Vs. Life Insurance Corporation of India

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Dr. (Mrs.) Mamata Lakshmanna, Member: 1. This appeal is filed by the unsuccessful complainant in O.P. No. 212/1997 on the file of District Forum, Visakhapatnam. 2. The complainants mother worked as water woman in MHR Secondary School, South Eastern Railway, Bilaspur. Her mother insured her life with the opposite parties for Rs. 25,000/- under Salary Savings Scheme. However, her mother died on 1.1.1995 due to cardiac arrest and inspite of her regularly paying the premia, the third opposite party did not settle the claim. Therefore, she issued a legal notice for which she got a reply that her case was referred to second opposite party, hence the complaint. Opposite party No. 4 filed a counter denying all the allegations. On the other hand an affidavit was filed on behalf of the opposite parties by P. John Wilson, Administrative Officer in the office of opposite party No. 4. 3. The District Forum on a consideration of the material on record, found that the complainant failed to subst...

Ganti Madhusarma and anr. Vs. Velagala Appalanaidu and ors.

Court: Andhra Pradesh

Reported in: 2003(6)ALD5; 2003(5)ALT340

P.S. Narayana, J.1. Question No. 3: As already referred to supra , this question was raised and argued with all vehement by the counsel representing the respondents. It is no doubt true that the suit itself was instituted by a General Power of Attorney holder representing both the plaintiffs, it is also true that the General Power of Attorney holder alone was examined as PW-1 and PW-2 is a formal witness. Neither of the plaintiffs had been examined. No doubt PW-1 had deposed about all the factual aspects relating to the plaint schedule property and also about the documents, which had been marked on the plaintiff side. Since this question of law emerges on the admitted facts, it is permitted to be raised in the present second appeal. Order 3 Rule 2 of the Civil Procedure Code dealing with recognized agents reads as under: 'R.2. Recognized agents:- The recognized agents of parties by whom such appearances, applications and acts may be made or done are - (a) persons holding powers-of -att...

Chaitanya Mahila Mandalsi Rep. by Its President, Smt. Karpurapu Neeraj ...

Court: Andhra Pradesh

Reported in: 2003(2)ALD506; 2003(2)ALT437

P.S. Narayana, J.1. With the request and consent of both parties, the C.M.A. itself is taken up for final hearing. 2. When the matter came up before this Court in C.M.P. No. 3178 of 2003 in C.M.P. 1186 of 2003 in C.M.A. No. 327 of 2003, Sri Muniraja representing M/s. Satyanarayana Nimmagadda, Counsel for the appellant-Plaintiff had made the following submissions.3. The learned Counsel contended that the rejection of the plaint by the learned District Judge, Ongole, Prakasam District in C.F.R No. 8110/25/X/2002 by an order dated 5.12.2002 cannot be sustained especially in the light of the fact that the plaint was returned by the Principal Junior Civil Judge, Addanki on the ground of want of jurisdiction and observed that the proper forum is the District Court. Complying the same, the plaint was represented by the Plaintiff before the District Court, Ongole and the learned District Judge, instead of entertaining the said plaint had rejected as not maintainable. The learned counsel also h...

Bandakuri Parvathi Vs. Bandakuri Vijayakumar and anr.

Court: Andhra Pradesh

Reported in: 2003(1)ALD(Cri)604; 2003(2)ALT(Cri)127; I(2004)DMC571

ORDERL. Narasimha Reddy, J.1. This is a revision filed by the de facto complainant in C.C. No. 692 of 1999 on the file of the III Metropolitan Magistrate at Vishakapatnam, challenging the order dated 30-12-2000 acquitting the accused therein.2. The petitioner herein submitted a complaint Ex.P-1 alleging that her marriage with the accused took place on 31-05-1997. They were blessed with a female child. She alleged that after the birth of the female child, the accused started demanding dowry and was harassing her. She was taken to her parents' house in the year 1999 on account of ill health. On 13-07-1999 the mother of the accused came to the house of the parents of PW-1 and asked her to accompany to their house. PW-1 could not accompany her mother-in-law on account of her continued ill health. It is alleged that after her mother-in-law left, the accused together with three others came there and insisted that PW-1 should accompany him to his house. On her refusal, he raised a dispute and...

A.P. State Minorities Commission Vs. Osmania University and ors.

Court: Andhra Pradesh

Reported in: 2003(2)ALD729; 2003(3)ALT48

D.S.R. Varma, J. 1. Having been aggrieved by the judgment, dated 31-10-2001,in W.P. No. 5974 of 2000, passed by a Division Bench of this Court, the present Review Petition is filed by the 2nd respondent in the writ petition.2. For the sake of convenience, we refer the parties as arrayed in the writ petition.3. Brief facts of the writ petition, for better appreciation of this Review Petition are as under:4. The petitioner - Osmania University challenging the proceedings dated 23-3-2000 issued by the 2nd respondent - A.P. State Minorities Commission (for brevity 'the Commission') filed the writ petition. By the impugned order, the Registrar of Osmania University was directed to appear before the Commission along with relevant records pertaining to the selection to the posts of Lecturers in Urdu and Linguistics respectively in the petitioner - University.5. The facts behind issuing the impugned proceedings are that selections for the posts of Lecturers in different departments were notifi...

Kalyani Straw Boards Limited Vs. Lala Gopi Krishna, Gokuldas Agencies ...

Court: Andhra Pradesh

Reported in: 2003(2)ALD728; 2003(3)ALT210

Dubagunta Subrahmanyam, J.1. This appeal is filed against the order dated 5th September, 2002 in Unnumbered OS of 2002 (OS SR No. 9132 of 2002) on the file of First Senior Civil Judge, City Civil Court, Hyderabad.2. The respondent herein filed a suit in O.S No. 9267 of 1996 against the appellant herein on the file of IV Additional Judge, City Civil Court, Madras and obtained an ex parte decree on 24-12-1996. The appellant herein filed a suit in City Civil Court, Hyderabad requesting the Court to set aside the ex parte decree passed by Madras Court. It is his plea that the said decree was obtained by playing fraud on the Madras Court. It is also his plea that the address of the appellant given by the plaintiff in the said suit is deliberately a wrong address. It also appears that part of cause of action for filing the suit in Madras Court arose at Hyderabad. At the threshold itself the trial Court returned the plaint for presentation in proper Court on the ground that the IV Additional ...

V.P.B. Nair Vs. Principal Secretary to Govt. of A.P., Home Department ...

Court: Andhra Pradesh

Reported in: 2003(3)ALD634; 2003(2)ALT702

Motilal B. Naik, ACJ.1. The petitioner, a retired I.P.S. Officer of the State of Andhra Pradesh, through this Writ Petition seeks a Mandamus calling for the records from respondents 1 to 4 regarding killing of four innocent persons on 6-6-1993 at Puttaparthi Sai Baba Ashram by declaring their action for not conducting a proper enquiry as illegal, arbitrary, contrary to the Code of Criminal Procedure and violative of Article 21 of the Constitution of India and consequently to direct respondents 1 to 4 to handover the same to the 5th respondent by directing the latter to conduct fresh enquiry in accordance with law independently and bring the culprits under the charge of abetment, murder and other connected charges and thereby punish them in accordance with law.2. According to the petitioner, on 6-6-1993, four innocent youths, who were devotees of Satya Sai Baba, were shot dead in Baba's Ashram by the police when those youths were unarmed and confined in the Ashram by the devotees. It is...

B. Doraswamy Vs. the State

Court: Andhra Pradesh

Reported in: 2003(1)ALD(Cri)656; 2003(2)ALT(Cri)413; 2003CriLJ4055

L. Narasimha Reddy, J.1. This is an appeal preferred by the sole accused in C. C. No. 6 of 1995 on the file of the Special Judge for SPE and ACB Cases, Nellore. The trial Court through its judgment dated 13-9-1996 found the appellant guilty of the offence under Section 7 of the Prevention of Corruption Act, 1988 (for short 'the Act') and sentenced him to undergo rigorous imprisonment for two years and to pay fine or Rs. 2,000/-. It has also found him guilty of the offence under Section 13(1)(d) read with Section 13(2) of the Act and sentenced him to undergo rigorous imprisonment for two years and to pay fine of Rs. 2,000/-. Both the sentences were directed to run concurrently.2. The case of prosecution is that the , appellant was employed as Agricultural Officer and was posted in Baireddipalli Mandal, Chittoor district. PW-1 is the dealer in fertilizers in Baireddipalli village having obtained necessary licence under the relevant provisions, On 26-1-1994, the appellant went to the shop...