Andhra Pradesh Court March 2003 Judgments
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Guduru Malla Reddy and ors. Vs. More Balaiah and anr.
Court: Andhra Pradesh
Decided on: Mar-28-2003
Reported in: 2003(3)ALD579; 2003(5)ALT101
G. Yethirajulu, J.1. This appeal is directed against the judgment and decree of the Subordinate Judge, Bhongir in A.S. No. 2 of 1988 dated 8-10-1990 preferred against the judgment and decree in O.S. No. 68 of 1982 of the District Munsif Court. Ramannapet dated 30-9-1986. 2. The appellants are the defendants and the respondents are the plaintiffs in the suit. The plaintiffs filed the suit for declaration of title over the suit property of Ac. 18-00 comprising Ac.11-00 in S.No. 251 and Ac.7-00 in S.No. 252 of the suit village and for recovery of possession of the same from the defendants with future profits. The averments of the plaint are briefly as follows: 3. The 2nd plaintiff is the mother of the 1st plaintiff. The father of the 1st plaintiff Mora Narsaiah died about 10 years prior to the suit leaving the plaintiffs as his legal heirs. Late Narsaiah was the owner and pattedar of the suit lands. Late Guduru Mutyam Reddy, who was the father of defendants 1 and 2 and brother of defendan...
N. Satyanarayana Vs. Vedprakash Dusaj and ors.
Court: Andhra Pradesh
Decided on: Mar-28-2003
Reported in: AIR2003AP385; 2003(3)ALD884
G. Bikshapathy, J.1. Saying goes 'Acts of over-confidence boomerang irretrievably.' This became a reality - A legal practitioner who became victim of this saying could not succeed in a suit for specific performance of Agreement of Sale.2. Both the appeals can be decided by a common judgment as they are inter linked. -The decision in CCCA No. 81 of 1996 would govern the matter covered by CCCA No. 27 of 1996. Therefore, the former is decided in the first instance.3. CCCA No. 81 of 1996 was filed by unsuccessful plaintiff assailing the judgment and decree of the learned III Additional Judge, City Civil Court, Secunderabad in OS No. 1783 of 1987, dated 22-1-1996. Plaintiff filed a suit for specific performance of the contract of Agreement of Sale dated 22-10-1975 and for consequential direction to Defendants to deliver constructive possession of the remaining ground floor by attorning the tenancy in favour of the plaintiff, with a further direction to the Defendants No. 1 and 2 to execute ...
In Re: Saboo Leasing Private Ltd.
Court: Andhra Pradesh
Decided on: Mar-28-2003
Reported in: [2006]4CompCas553(AP); [2004]51SCL681(AP)
T. Ch. Surya Rao, J.1. All the three petitions can be disposed of together conveniently. The petitioner in C. P. No. 150 of 2002 is the transferee company. The petitioners in C. P. Nos. 151 and 152 of 2002 are transferor companies. The above petitions are filed seeking sanction of the scheme of amalgamation under Section 394 of the Companies Act, 1956.2. The transferee company was incorporated on September 3, 1985, with its registered office at Somajiguda, Hyderabad. The authorised capital of the company is Rs. 1,47,50,000 divided into 1,47,500 equity shares of Rs. 100 each. The issued, subscribed and paid up capital of the company is Rs. 1,35,00,000 divided into 1,35,000 equity shares of Rs. 100 each. The main object of incorporating the company, as set out in the memorandum of association annexed to the petition is to carry on the business of purchase and sale of mopeds, scooters, three wheelers, motor-cycles, lorries, bicycles and generally all kinds of vehicles of transport.3. The ...
In Re: R.K.S. Motors Private Ltd.
Court: Andhra Pradesh
Decided on: Mar-28-2003
Reported in: [2004]50SCL261(AP)
1. All the three petitions can be disposed of together conveniently. The petitioner in C.P. No. 150 of 2002 is the transferee company. The petitioners in C.P. Nos. 151 and 152 of 2002 are transferor companies. The above petitions are filed seeking sanction of the scheme of amalgamation under Section 394 of the Companies Act, 1956.2. The transferee company was incorporated on 3-9-1985 with its registered office at Somaliguda, Hyderabad. The authorised capital of the company is Rs. 1,47,50,000 divided into 1,47,500 equity shares of Rs. 100 each. The issued, subscribed and paid-up capital of the company is Rs. 1,35,00,000 divided into 1,35,000 equity shares of Rs. 100 each. The main object of incorporating the company as set out in the Memorandum of Association annexed to the petition is to carry on the business of purchase and sale of mopeds, scooters, three wheelers, motor-cycles, lorries, bicycles and generally all kinds of vehicles of transport.3. The petitioner in C.P. No. 151 of 200...
Special Dy. Collector (L.A.) Telugu Ganga Project Vs. Kallur Dasaratha ...
Court: Andhra Pradesh
Decided on: Mar-28-2003
Reported in: 2003(5)ALT282
G. Bikshapathy, J.1. The appeal is directed against the common order passed by the Reference Court in so far as it relates to O.P.No. 8 of 1991, dated: 16-1-1993.2. Certain extents of land situated in Sy.No. 490/1 F2 of Veerlapalli village were acquired by the Government for excavation 'B' Sagar left canal. The notification under Section 4(1) of the Land Acquisition Act was published on 5-10-1988. The Land Acquisition Officer passed three awards on 31-3-1986 fixing the compensation at Rs. 7,500/- per acre for dry lands and at Rs. 7,500/- per acre for dry lands aided by well. He also fixed compensation at Rs. 24,500/- and Rs. 45,500/- in respect of wells in Sy.Nos. 20/5-A and 20/3-A respectively. According to the Land Acquisition Officer, there are 140 Cheeni trees in the lands in question. He awarded Rs. 130/- towards the value of each tree after deducting Rs. 70/- towards cultivation expenses and upon applying multiplier of 15 a sum of Rs. 2,73,000/- was awarded for 140 Cheeni trees. ...
Saleema G. Rattansey and anr. Vs. Union of India (Uoi), Rep. by Milita ...
Court: Andhra Pradesh
Decided on: Mar-28-2003
Reported in: 2003(5)ALT116
G. Bikshapathy, J.1. Both the L.P.As are directed against the judgment and decree of the learned Single Judge in C.C.G.A.No. 211 of 1982, dated 19-12-1997 setting aside the judgment and decree of the trial Court in O.S.No. 606 of 1971 on the file of the III Additional Judge, City Civil Court, Secunderabad, dated 19-4-1978. Aggrieved by the aforesaid judgment and decree, some of the Defendants filed C.C.C.A.No. 60 of 1998 and some others filed C.C.C.A.No. 62 of 1998. L.P.A.No. 60 of 1998 was filed by the pendent lite purchasers, who came on record during the pendency of the appeal before the learned Single Judge.2. Appellant is the Plaintiff. The suit was filed for declaration of title and for possession. As per the averments made in the plaint, it is the case of the Plaintiff that the plot of measuring Ac. 12-79 cents forming part of Ex-Jagir Yapral village was situated within the Secunderabad Cantonment Board boundary. It is comprised of General Land Register S.No. 151 maintained by t...
Action for Welfare and Awakening in Rural Environment (Aware) Vs. Dy. ...
Court: Andhra Pradesh
Decided on: Mar-28-2003
Reported in: [2003]130TAXMAN82(AP)
C.V. Ramulu, J.This appeal is filed under section 260A of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') aggrieved by the order dated 17-5-2000 in I.T.A. No. 743/Hyd/2000 of the Income Tax Appellate Tribunal, Hyderabad Bench A.2. The assessee-AWARE (Action for Welfare & Awakening in Rural Environment) is the appellant. It is a society registered tinder the provisions of the Societies Registration Act, 1860. The Society is also registered under section 12A of the Act sand thus the exemption contemplated under section 11 of the Act is applicable. The society was assessed in the status of association of persons (Trust) filed its return for the assessment year 1993-94 on 1-1-1993 declaring 'nil' income. The return was processed under section 143(1)(a) of the Act on 31-8-1994. Thereafter, the assessing officer issued a notice under section 148 of the Act on 8-1-1998 and the assessment was reopened. After perusal of the evidence produced by the assessee and also hearing it, ...
Statewide Recognized [Rta] Agents Welfare Association Rep., by Its Pre ...
Court: Andhra Pradesh
Decided on: Mar-27-2003
Reported in: AIR2003AP358; 2003(3)ALT352
B. Sudershan Reddy, J.1. These three writ appeals may be disposed of by a common judgment, since they are filed against the common order dated 6-1-2003 passed by a learned single Judge of this Court.2. The petitioners in W.P. Nos. 21029, 20712 and 20522 of 2002 are the appellants in this batch of writ appeals. They have invoked the jurisdiction of this Court under Article 226 of the Constitution of India challenging the legality and validity of G.O.Ms. No. 178, Transport, Roads and Buildings (Tr.I) Department, dated 8-10-2002 on various grounds. They have accordingly prayed for issuance of a writ of Mandamus declaring the impugned G.O., as arbitrary, illegal, unjust, capricious and violative of principles of natural justice apart from being violative of Articles 14, 19, and 21 of the Constitution of India.3. The learned single Judge after an elaborate consideration of the matter dismissed all the writ petitions. Hence these writ appeals.4. We have elaborately heard the submissions made...
M. Narayana Chowdary Vs. Meherbaba Plots Owners Welfare Association Re ...
Court: Andhra Pradesh
Decided on: Mar-27-2003
Reported in: 2004(2)ALT23
ORDERP.S. Narayana, J. 1. CMP.No.5983 of 2003 in CMP.No.20259 of 2002 in Tr.CMP.No.388 of 2002 is filed by the respondents in the transfer CMP to vacate the interim stay granted by this Court and at this stage both the counsel had argued the main transfer CMP and that is how the transfer CMP is being disposed of finally. 2. The relief prayed for in the present transfer CMP is to order transfer of O.S.NO.441 of 2002 on the file of the Principal Senior Civil Judge, Ranga Reddy District to the Special Court under the A.P. Land Grabbing (Prohibition) Act, 1982 (hereinafter referred to as 'the Act' for short) for the purpose of clubbing the same along with L.G.C.No.77 of 2001 on its file, and to pass such other suitable orders.It is needless to say that the present transfer CMP is filed under Section 24 of the Code of Civil Procedure (hereinafter referred to as 'the Code' for short). In view of the relief prayed for in the transfer CMP, an objection is raised as to the maintainability of th...
Conservator of Forests and anr. Vs. Br Saw Mill
Court: Andhra Pradesh
Decided on: Mar-27-2003
Reported in: 2003(3)ALD236; 2003(3)ALT338
Devinder Gupta, C.J. 1. Four Writ Appeals arising out of a common order passed on 1-11-2002 in WP Nos. 26864, 26877, 26898 and 26978 of 1999 respectively came up for consideration before us. It was brought to our notice by the learned Counsel appearing for the parties that the Writ Petition Nos. 34514, 34516, 34524, and 34528 of 1998 arising out of the same subject-matter filed by the very same writ petitioners i.e., respondents in the writ appeals were pending consideration, hence the writ appeals and the writ petitions be heard together. With the consent of all the parties the writ petitions have also been taken on record. The appeals and the writ petitions were heard together and are being disposed of by this common order. 2. The parties are being referred to by their status in the writ appeals. The respondents claim that the saw mills were established within Nizamabad Municipal area much prior to the date when Andhra Pradesh Saw Mills (Regulation) Rules, 1969 (hereinafter referred ...
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