Andhra Pradesh Court March 2003 Judgments
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Akula Ramulu and ors. Vs. Kammari Balaram and anr.
Court: Andhra Pradesh
Decided on: Mar-10-2003
Reported in: 2003(3)ALD52; 2003(3)ALT443; 2003AIHC2538
L. Narasimha Reddy, J.1. This Second Appeal is preferred against the judgment in A.S. No. 27 of 1997 on the file of the III Additional District and Sessions Judge (Fast Track Court) at Nizamabad. AS. No. 27 of 1997, in turn, was preferred by the appellants herein against the order in EA. No. 58 of 1997 in E.P. No. 9 of 1993 in O.S. No. 8 of 1975, on the file of the Court of the Subordinate Judge, Nizamabad. The appellants are Objection Petitioners in the execution proceedings. The trial Court as well as the lower appellate Court rejected the objections raised by the appellants.The relevant facts may briefly be stated as under:2. The 1st respondent, by name Kammari Balaram, filed O.S. No. 8 of 1975 in the Court of the Subordinate Judge, Nizamabad, against the 2nd respondent-Akula Bhumalingam, for the relief of declaration of title and recovery of possession. The 2nd respondent claimed his possession on the basis of agreement of sale in his favour from the 1st respondent. The trial Court...
Gajjala Venkateswarulu and anr. Vs. A.P. State Wakf Tribunal and ors.
Court: Andhra Pradesh
Decided on: Mar-10-2003
Reported in: 2003(3)ALD269; 2003(3)ALT693
ORDERV. Eswaraiah, J. 1. The petitioners herein are the plaintiffs in the suit filed by them against the respondents herein questioning the order dated 7-11-2001 issued by the Chief Executive Officer of the State Wakf Board under Section 54(3) of the Wakf Act directing the petitioners herein to remove the encroachment said to have been made by the petitioners herein in the Wakf land to an extent of 854 Sq.Yds., belonging to Jail Mosque situated at Jail, Asifabad. It is stated in the said order that notice under Section 54(1) of the Wakf Act, 1995 was issued to the petitioners calling upon them to show cause as to why the order should not be passed against them to remove the encroachments. The petitioners filed their objections and the same has been rejected and made the aforesaid order under Section 54(3) of the Act. The prayer of the petitioners in the suit to pass a judgment and decree declaring the said order dated 7-11-2001 as illegal, arbitrary and consequently grant injunction di...
K. Raghuram Raju Vs. Union of India (Uoi) and ors.
Court: Andhra Pradesh
Decided on: Mar-10-2003
Reported in: 2003(3)ALD273; 2003(3)ALT545; 2003(2)ARBLR574(AP)
ORDERT. Ch. Surya Rao, J. 1. The applicant seeks appointment of a sole arbitrator for resolution of the dispute between the parties inter se. 2. It is averred inter alia in the application that the applicant entered into anagreement No. 28/Sr/DEN/N/MG dated 10.10.1983 with the respondents agreeing inter alia to carry out the work of tree plantation at Akot Station, the value whereof is Rs. 1,20,300/-. The period within which the work should be carried out is one month and the maintenance period is for nine months. The applicant had carried out the work and he was paid two part bills. However, the final bill amount of Rs. 62,127/-has not been paid till date. The measurements have already been recorded in the measurement book. The applicant signed in the measurement book as well as the final bill. However, there has been no response from the authorities. The applicant was forced to maintain the garden for a period of four months even after the completion of the original period of nine mo...
R. Venkat Reddy Vs. Union of India (Uoi) and anr.
Court: Andhra Pradesh
Decided on: Mar-10-2003
Reported in: 2003(3)ALD687
ORDERT.Ch. Surya Rao, J. 1. The applicant filed the present application under Section 11(6) of the Arbitration and Conciliation Act, 1996 ('the Act' for brevity) seeking appointment of an Arbitrator for resolution of the dispute between him and the first respondent.2. The applicant who is a railway contractor entered into an Agreement No. SK/ 4 dated 10.4.1989 for the work of supplying, stacking and loading into track 50 mm guage stone ballast between MLY-CHE Stations. According to the applicant, although he made all necessary arrangements for completing the work within six months, due to delays and default on the part of the Railways the work was prolonged. After the necessary correspondence between the parties, the applicant dumped into track the entire quantity of ballast. He informed the second respondent that about 95% of the agreement quantity of ballast was already supplied and dumped into track but payment for the dumped quantity was yet to be made and until the said payment wa...
Bonala Krishna Rao and anr. Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Mar-10-2003
Reported in: 2003(4)ALD313; 2004(1)ALT72
1. Aggrieved by the judgment and decree in O.S. No. 42 of 1981 on the file of the learned Subordinate Judge, Jagitial, Karimnagar District, wherein the suit filed by the plaintiff was dismissed, the plaintiff preferred the present appeal.2. The parties are referred as they are arrayed in the suit. The facts leading to the filing of the case are that the plaintiffs father by name Enugu Kochagiri Rao (hereinafter referred to as the lessee) and one Nagabhushanam are the Abkari contractors in respect of a group of sendhi shops, Siricilla during the period 1357 and 1358F (the parties hereinafter referred to as arrayed in the suit). He was also the contractor during the period 1356 to 1359F, which was the turbulent period due to Razakar movement followed by police action in the erstwhile Nizam State. It is also the case of the plaintiff that most of the contractors were unwilling to take the shops on lease and the departmental officials requested them to take the shops on lease; by offering ...
P. Suryanarayana Vs. State of A.P. and anr.
Court: Andhra Pradesh
Decided on: Mar-10-2003
Reported in: 2003(1)ALD(Cri)580; 2003(2)ALT(Cri)566; III(2003)BC345
ORDERK.C. Bhanu, J.1. The above petitions are filed under Section 482 of the Code of Criminal Procedure to quash the proceedings in the criminal cases covered by the petitions pending on the file of the learned IV Metropolitan Magistrate, Hyderabad.2. As a common question of law is involved in all the petitions and as all the petitions are filed by the same accused, they are being disposed of by a common order.3. The de facto complainant filed several complaints before the learned IV Metropolitan Magistrate, Hyderabad, against the Managing Directors, Directors and Financial Controller, including the petitioner, who is one of the Directors of M/s. Renewable Energy Systems Ltd., (for short, 'RESL') under Section 138 of the Negotiable Instruments Act, hereinafter to be referred to as 'the Act' for the sake of brevity, alleging that it leased out equipment under a lease agreement, dated 10.3.1995 to the accused at quarterly rent of Rs. 16,35,960/-, that in pursuance of the agreement, RESL ...
B. Venkat Narendra Prasad and anr. Vs. State of A.P. Rep. by Its Publi ...
Court: Andhra Pradesh
Decided on: Mar-10-2003
Reported in: 2003(1)ALD(Cri)538; 2003(1)ALT(Cri)531; III(2003)BC319; [2005]124CompCas621(AP); 2003CriLJ2506
ORDERK.C. Bhanu, J.1. The petition is filed under Section 482 of the Code of Criminal Procedure by A3 and A4 in C.C. No. 1067/2001 on the file of the learned IV Metropolitan Magistrate, Hyderabad, to quash the proceedings therein.2. The brief facts that are necessary for disposal of the petition are that the 2nd respondent filed a private complaint under Section 200 of the Code of Criminal Procedure before the learned IV Metropolitan Magistrate, Hyderabad, against five accused alleging that they were carrying on business in Kirana Goods in the name and style of Oban Home Needs Limited, that they used to purchase kirana goods on credit basis from the complainant, that the complainant had a running ledger account in the name of A1, that A2 to A5, who were Directors of A1-company, took active part in the day-to-day business of A1-company, and they managed the whole business affairs of A1-company, that they being aware of their liability issued cheques in the discharge of their debt to the...
M. Sivudu Naidu Vs. Deputy Registrar of Co-op. Societies and anr.
Court: Andhra Pradesh
Decided on: Mar-10-2003
Reported in: 2003(3)ALT403
ORDERD.S.R. Varma, J.1. The petitioner challenges the final order in Rc. No. 1261/92-E, dated 26-7-1994, passed by the 1st respondent under Subsection (1) of Section 60 of the A.P. Co-operative Societies Act, 1964 (for short 'the Act') which was confirmed by the A.P. Cooperative Tribunal at Vijayawada (for short 'the Tribunal') in O.A. No. 213 of 1999 through common order, dated 10-11-2000, as illegal, arbitrary and violative of the provisions of Section 60 of the Act.2. For better appreciation, the facts to the extent relevant are as under:An enquiry under Section 51 of the Act into the affairs of 2nd respondent-society (for short 'the society') had been conducted by the competent authority and found that 4 individuals, petitioner being one among them, had committed some irregularities. Pursuant to the said enquiry and the report thereof, a notice, dated 31-1-1994, was issued by the 1st respondent as contemplated under Sub-section (1) of Section 60 of the Act. Representations were off...
Telugu Yellappa Vs. Telugu Timmappa
Court: Andhra Pradesh
Decided on: Mar-07-2003
Reported in: 2003(6)ALD6
P.S. Narayana, J.1. This Second Appeal arises out of an action for partition and the dispute is between father and a son. The son had instituted the suit O.S. No. 24/88 on the file of Subordinate Judge, Gadwal for the relief of partition and separate possession of half share in the plaint schedule properties. The father, as defendant, had resisted the suit and the Court of first instance had granted a preliminary decree dividing the plaint schedule properties into three equal shares. Aggrieved by the same, the defendant-father preferred appeal A.S. No. 32/90 on the file of Additional District Judge, Mahaboobnagar and the appellate Court had modified the decree by granting half share and half share to both the plaintiff and the defendant, the son and the father. The 1/3rd share given to the mother of the plaintiff by the Court of first instance was set aside by the appellate Court. The defendant-father, aggrieved by the said Judgment and decree made in A.S. No. 32/90 on the file of Addi...
B. Joseph and Two ors. Vs. Rustrom Gew Irani
Court: Andhra Pradesh
Decided on: Mar-07-2003
Reported in: 2003(6)ALD3; 2003(3)ALT589
ORDERC.Y. Somayajulu, J.1. Since both these revisions arise out of a common order, they are being disposed of by this common order.2. C.R.P. No. 5733 of 2002 arises out of C.M.A. No. 71 of 2001, which arose out of the order in I.A. No. 133 of 2001 in O.S. No. 208 of 2001. C.R.P. No. 5809 of 2002 arises out of the order in C.M.A. No. 72 of 2001, which arose out of the order in I.A. No. 48 of 2001 in O.S. NO. 23 of 2001. Since parties to C.R.P. No. 5733 are the same as in CRP. No. 5809 of 2003, except for the fact that there is one more revision petitioner in C.R.P. No. 5809 of 2003, I would herein after refer to the parties as they are arrayed in C.R.P. No. 5809 of 2002.3. Revision petitioners who are petitioners/plaintiffs in I.A. No. 48 of 2001 in O.S. No. 23 of 2001 are the appellants in C.M.A. No. 72 of 2001. Revision petitioners 1 and 2 are the respondents/defendants in I.A. No. 133 of 2001 in O.S. No. 208 of 2001. O.S. No. 23 of 2001 was filed by the revision petitioners seeking a...
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