Andhra Pradesh Court February 2003 Judgments

General Manager, South Central Railway Vs. Mrs. Pushpa Babu

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

P. Ramakrishnam Raju, President: 1. The opposite parties in C.D. 197/1999 on the file of the District Forum-II, Hyderabad are the appellants. 2. The case of the complainant is that while she was returning from Guruvayur along with her husband by Hyderabad Express from Trichur on 14.9.1998, some unknown persons committed theft of her jewellery and other belongings from her suit-case during that night when they were sleeping. When she noticed this at about 3.00 a.m., she could not find either the Ticket Collector or Railway Protection Force anywhere. Hence, on reaching Gudur Station she complained to the Guard, but, merely advised her to report to Railway Police. Accordingly they had to break their journey to lodge a complaint before the Railway Police, but, no action was taken. The deficiencies lodged by her in her complaint are, on pulling the chain the train did not stop, the shutter connecting one compartment with the other was found open, bolt for locking the shutter was not working...

P. Nageswara Rao Vs. Kaliboina Suribabu

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

C.P. Suresh, Member: 1. The un-successful fourth opposite party in O.P. No. 122/1995 on the file of the District Forum, Visakhapatnamw, is the appellant before this Commission. 2. The facts in brief are that while the complainant was travelling from A. Annavaram to Vizianagaram by Train No. 6004-Mail with 2nd Class Ticket bearing No. 218781 and when the train stopped at Anakapalle between 1.30 p.m. to 2.00 p.m. the complainant went to the Railway Canteen, purchased yellow rice packet for Rs. 3/- from the appellant. The complainant returned to the compartment and when he opened the packet he found that the food product was stale and putrefied. However, due to his hunger, he ate some food and started vomiting and suffered severe stomachache. In the next halt at Visakhapatnam, he complained to the Station Master, Visakhapatnam. Due to the supply of putrified food, he suffered ailments and claimed damages. 3. Opposite parties 1 to 3 has alleged that opposite party No. 4 was permitted to se...

Kakinada China Apparao [Died] Per L.R. and Kakinada B. Gurunadha Rao V ...

Court: Andhra Pradesh

Reported in: AIR2003AP454; 2003(5)ALT375

P.S. Narayana, J.1. Heard Sri Kanakaraju, counsel representing the appellant and Sri Ramesh Kumar Nayani, counsel representing the respondent.2. The plaintiff in O.S. No. 130/87 on the file of Subordinate Judge, Vizianagaram, aggrieved by the modification of the Judgment and decree, so far as it relates to the granting of interest at 24% per annum with quarterly rests in A.S. No. 60/92 on the file of I Additional District Judge, Vizianagaram, is concerned, had preferred the present Second Appeal, and pending the Second Appeal, the appellant died and the present appellant, appellant No. 2, was brought on record in C.M.P. No. 15735/2000 by an order dated 11-10-2000 and at present the 2nd appellant is prosecuting the present litigation.3. The facts of the case are very plain and simple. The deceased plaintiff filed the suit O.S. No. 130/87 on the file of Subordinate Judge, Vizianagaram for passing a preliminary decree directing the defendants to pay a sum of Rs.24,583-30 together with int...

Paladugu Ramesh Vs. District Registrar, Registration and Stamps Depart ...

Court: Andhra Pradesh

Reported in: AIR2003AP315; 2003(3)ALT125

ORDERS. Ananda Reddy, J.1. This Writ Petition is filed by the Petitioner aggrieved by the proceedings of the District Registrar, Registration and Stamps Department, Nalgonda, the 1st Respondent herein, dated 3.10.1998 under which the District Registrar felt that in view of the opinion or the decision taken by the Court by adjudicating the stamp duty and penalty leviable, he need not adjudicate the same again and returning the original instrument for necessary action.2. The brief facts leading to the filing of the Writ Petition be noted briefly as under: The Petitioner filed O.S. No. 146 of 1992 on the file of the District Munsif at Kodad, Nalgonda district seeking relief of permanent injunction restraining the defendants, their men, etc., from in any way interfering with his peaceful possession and enjoyment of the suit schedule property. While the trial was in progress, the petitioner sought to mark the document which is styled as an agreement of sale as an exhibit. At that stage, the...

Religious Endowments Department Vs. Visakhapatnam Municipal Corporatio ...

Court: Andhra Pradesh

Reported in: 2003(2)ALD707; 2003(4)ALT701

P.S. Narayana, J.1. Heard Sri Metta Chandrasekhar Rao, Counsel representing the appellant and Sri T.S. Venkata Ramana, Counsel representing the espondent.2. The appellant in the Second Appeal is the Religious Endowments Department represented by the its Executive Officer of Turner's Choultry - Visakhapatnam-2, and the respondent is Visakhapatnam Municipal Corporation, represented by its Commissioner-Visakhapatnam. The appellant herein had preferred the present Second Appeal aggrieved by the Judgment and Decree made in AS No. 174 of 1991 on the file of the IV Additional District Judge, Visakhapatnam where the learned Judge had reversed the Judgment and Decree of the II Additional District Munsif, Visakhapatnam in OS No. 1539 of 1987.3. The facts in brief are as hereunder:4. The parties are referred to as plaintiff and defendant for the purpose of convenience as arrayed in the original suit. The plaintiff instituted OS No. 1539 of 1987 on the file of the II Additional District Munsif, Vi...

M. Jayarami Reddy and anr. Vs. Siddavaram Salamma and anr.

Court: Andhra Pradesh

Reported in: 2003(2)ALD899; 2003(3)ALT114

ORDERV. Eswaraiah, J. 1. The Civil Revision Petition is filed under Article 227 of Constitution of India aggrieved by the entertainment of P.O.P. No.806 of 2002 and the order in I.A.No. 3817 of 2002 dated 14.11.2002 in the said P.O.P. on the file of the District Judge, Cuddapah.2. The first respondent herein filed the said POP No.806 of 2002 on the file of the District Judge, Cuddapah to accord permission permitting her to file a suit to declare her as a pauper and permit her to sue as in forma pauper. Pending the suit she filed LA. No.3817 of 2002 for grant of temporary injunction prohibiting the 2nd respondent herein from paying the compensation amount in respect of the suit schedule property to the petitioners herein who are the defendants in the said suit. The suit was filed for the following reliefs: (a) to declare that the plaintiff is entitled to receive the compensation amount awarded in respect of 'A' schedule property; (b) To grant permanent injunction restraining defendant N...

G. Jawaharlal Vs. Chairman and Managing Director, Rural Electrificatio ...

Court: Andhra Pradesh

Reported in: 2003(3)ALD147; 2003(3)ALT594

ORDERL. Narasimha Reddy, J.1. The petitioner was initially appointed as Economic Analyst in the Rural Electrification Corporation Limited, New Delhi, 1st respondent (hereinafter referred to as 'the Corporation'), in the year 1978. Thereafter he was promoted as Assistant Director in the year 1981 and further promoted as Deputy Director in June, l986.2. In June 1996, a Director was appointed on contract basis for a period of two years. During that time, through orders dated 4-1-1996, he kept the petitioner in additional charge of administration and general services. This assignment involved supervision of general administration and personnel matters. The petitioner was also made member of the Purchasing Committee and number of purchases of various items had to be made; Furnishing materials, such as, sofa and curtain clothes were few such items.3. In 1996, the Audit report revealed shortage of certain materials. The petitioner was issued a Memo dated 23-9-1997 by the Deputy Chief (Personn...

Commissioner of Income-tax Vs. Hyderabad Race Club Charitable Trust

Court: Andhra Pradesh

Reported in: 2003(5)ALT125; (2003)183CTR(AP)454; [2003]262ITR194(AP)

C.V. Ramulu, J.1. As per the directions of this court dated September 23, 1986, in I. T. C. Nos. 232, 273 and 296 of 1985, the following questions have been referred for opinion :'1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is justified in holding that the assessee is an institution which satisfied the conditions of Section 2(15), read with Section 11 ?2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is justified in holding that the assessee derived income from property held in trust and even if it is not to be treated as property held under trust, it can only be treated as property held under trust as voluntary contribution given by Hyderabad Race Club ?3. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is justified in holding that the activity carried on by the assessee did not constitute a business and even if it were business, it was not such business as would be hit by...

M. Narsaiah and ors. Vs. P. Ranga Reddy and ors.

Court: Andhra Pradesh

Reported in: 2003(4)ALD358; 2003(3)ALT168

G. Bikshapathy, J .1. All the Writ Petitions and the C.M.A. can be disposed of by a common judgment.2. The matter has chequered career and therefore, it is necessary to trace out the genealogy of the events. The disposal of the W.P. No. 20282 of 1999 will have bearing on the other matters and therefore, the averment contained in the said Writ Petition are referred to hereinafter.3. The validity of the G.O. Ms. No. 675, dated 7.9.1999 issued by the 1st respondent-Government of Andhra Pradesh is assailed in the said Writ Petition.4. It is the case of the petitioner that plot No. 19 of defunct Jubilee Hills Municipality situate in S.No. 129 (old) corresponding to new S.No. 403 of Shaikpet Village, Road No. 10, Banjara Hills, Hyderabad belonged to one Syed Azam Ali. He sold the said plot to one Abdul Razack on 1.3.1950. In turn, the said Abdul Razack gifted the same to his daughter Niazi Begum. Petitioner and 18 others purchased the said land from Niazi Begum through a sale transaction dat...

Yanamandala Rama Rao and anr. Vs. Ganta Ratnavathi and anr.

Court: Andhra Pradesh

Reported in: 2003(4)ALD594

ORDERP.S. Narayana, J. 1. Heard Sri Y. Sudhakar, the learned Counsel representing the appellants and Sri M.V. Suresh, the learned Counsel representing the respondents. 2. The petitioners/judgment debtors/ defendants in E.A. No. 1010 of 2001 in E.P.33 of 2000 in O.S.26 of 1999 on the file of the Additional Senior Civil Judge, Rajahmundry are the appellants and the decree holder-plaintiff is the 1st respondent and the auction purchaser is the 2nd respondent in the present appeal. The appellants had filed the present C.M.A. as against an order made in the aforesaid proceedings by the Additional Senior Civil Judge, Rajahmundry on an application filed by them under Order 21 Rule 90 read with Section 151 C.P.C., to set aside the sale of the E.P. schedule property held on 18-9-2002. The 1st respondent-decree holder obtained a mortgage decree against the appellants in O.S.26 of 1999 on the file of the Additional Senior Civil Judge, Rajahmundry and had brought the said property to sale in E.P.3...