Andhra Pradesh Court April 2003 Judgments
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Mohd. BasheeruddIn and ors. Vs. Mohd. GiasuddIn and ors.
Court: Andhra Pradesh
Decided on: Apr-22-2003
Reported in: 2003(6)ALD377; 2003(5)ALT508
P.S. Narayana, J. 1. The unsuccessful defendants in both the Courts below are the appellants in the present appeal. The 1st respondent as plaintiff instituted O.S. No. 1112 of 1978 on the file of the Second Assistant Judge, City Civil Court, Hyderabad for declaration of title in relation to the suit property admeasuring 150 sq.yards situated at Regdan Lakdi Ka Adda outside Yakutpura, Hyderabad which is a part and parcel of the old Survey No. 65/1 an new Survey No. 87/1 Talab Chanchalum, Yakutpura, Hyderabad and now which is eastern portion of H.No. 17-3-757/1. The appellants herein as defendants resisted the suit by filing a written statement in detail arid on settlement of issues, the Trial Court had recorded the evidence of P.Ws.1 and 2, D.Ws.1 to 3 and marked Exs.A-1 to A-3 and Exs.B-1 to B-38 and after recording the findings, ultimately decreed the suit with costs. Aggrieved by the same, defendants 1, 3 and 4 had preferred A.S. No. 188 of 1989 on the file of the Chief Judge, City C...
Edara Tirumala Prasad Rao Vs. Pauls Educational Society and anr.
Court: Andhra Pradesh
Decided on: Apr-22-2003
Reported in: 2003(6)ALD177; 2003(5)ALT361
M. Narayana Reddy. J.1. This judgment, according to Law, based on the legal material placed by both the parties, on Record, arises out of a Second Appeal, filed by the soleappellant, against R-1 and R-2, under Section 100, C.P.C. questioning the, validity and legality, of the adjudications made by, and set forth in para 2, infra.2. Judgment and Decree, both, dated 24-7-2001, of the Court of the m Additional Chief Judge, City Civil Court, Hyderabad, made in A.S.No. 259/2000, of its file, setting aside, in toto, the earlier judgment and decree, both, dated 25-4-2000, of the Court of the I Additional Senior Civil Judge, City Civil Court, Hyderabad, made in O.S. No. 461/1991, of its file, and, consequently, dismissing that suit without costs, as set forth, in detail, in para 11 infra.3. Perused the material papers of the Record.4. Arguments were heard of the learned Counsel for both the parties.5. The sole appellant in this Second Appeal corresponds to R-1 in the said A.S.No. 259/2001, of ...
Pappu Venkata Laxmi and anr. Vs. Kolli Pydithalli and ors.
Court: Andhra Pradesh
Decided on: Apr-22-2003
Reported in: 2003(6)ALD430; 2003(5)ALT720
ORDERP.S. Naryana, J.1. The legal representatives of the plaintiffs aggrieved by the judgment and decree made in AS No. 8/89 on the file of the Additional District Judge, Vizianagaram reversing the judgment and decree made in OS No. 189/76 on the file of Principal District Munsif, Bobbili, had preferred the present Second Appeal. The points which were framed for consideration in the Appeal A.S. No. 8/89 on the file of Additional District Judge, Vizianagaram are as follows:(1) Whether the judgment in S.A.No. 170/ 58 on the file of High Court of Andhra Pradesh operates as res judicata?(2) Whether the plaintiff/1st respondent in this appeal is entitled for recovery of possession of plaint schedule property?(3) To what relief?2. The parties are referred to as plaintiff and defendants as shown in the Original Suit for the purpose of convenience.3. The plaintiff herein instituted OS No. 189/76 on the file of Principal District Munsif, Bobbili for the relief of possession of plaint schedule p...
Bhagyanagar Contractors Welfare Association Vs. the Managing Director ...
Court: Andhra Pradesh
Decided on: Apr-21-2003
Reported in: 2003(4)ALD489
ORDERV.V.S. Rao, J.1. The Bhagyanagar Contractors' Welfare Association is the petitioner in this writ petition. The petitioner association is espousing the cause of the contractors who undertake works for Hyderabad Metro Water Board and Sewerage Board ('Water board' for brevity). It seeks a writ of Mandamus declaring the action of the respondents including the Managing Director of the Board and various General Managers in Hyderabad in charging and collecting a percentage of the bills submitted by the Contractors towards Rock Recovery. They allege that such recovery is not governed by the terms of contract or the Rules in the A.P. Detailed Standard Specifications. They contend that the action of the respondents 1 to 11 is arbitrary and violative of Article 14 of the Constitution of India.2. The affidavit accompanying the writ petition is sworn to by the President of the association. In paragraph 3 of the affidavit the grievance is explained thus:The process of excavating the soil and th...
Munnangi Ramakrishna Rao Vs. Dr. Vanakuru Venkata Siva Ramakrishna Pra ...
Court: Andhra Pradesh
Decided on: Apr-21-2003
Reported in: 2003(4)ALD56; 2003(4)ALT570
C.Y. Somayajulu, J. 1. This Transfer CM.P. is filed seeking transfer of O.S. No. 551 of 2002 from the file of the Court of Principal Junior Civil Judge, Tenali to the Court of the Additional Senior Civil Judge, Tenali, to be tried along with O.S. No. 184 of 2002 pending in that Court.2. When the matter came up for hearing before a learned single Judge, he, by his order dated 7.2.2003 referred the following points to a Division Bench:(a) In view of the present language of Section 115 of the Code, a revision as against an order passed by the District Court under Section 24 of the Code can be maintained? (b) Whether a party who was unsuccessful before the District Court in a transfer O.P. without questioning the same either under Section 115 of the Code or under Article 227 of the Constitution of India can again invoke the jurisdiction of this Court under Section 24 of the Code on the ground of concurrent jurisdiction? Pursuant to the above order of reference, the matter is posted before ...
Korukonda Sreenu Vs. District Collector and ors.
Court: Andhra Pradesh
Decided on: Apr-21-2003
Reported in: 2003(4)ALD288; 2003(5)ALT459
D.S.R. Varma, J.1. The present writ petition has been filed challenging the proceedings in R.Dis.B2/15927/90, dated 22-8-1991, passed by the Joint Collector, East Godavari District at Kakinada-the 1st respondent.2. Through the said proceedings, the competent authority i.e., the 1st respondent found that Sri Korukonda Nagaraju alias Abbai as belongs to 'Kapu' community but not 'Konda Kapu', which belongs to Scheduled Tribe and declared the said Nagaraju and his children as 'Kapus' duly cancelling their certificates issued by the Tahsildar, in which their caste was mentioned as 'Konda Kapu'.3. The factual matrix of the case is that the said Nagaraju was being treated as 'Konda Kapu', which community belongs to Scheduled Tribe. While so, an enquiry had been conducted and basing on various reports from the authorities concerned, the competent authority- the 1st respondent under G.O. Ms. No. 282, dated 19-2-1988, cancelled the caste certificates of the said Nagaraju and his children and dec...
State of A.P. Vs. G.V. Subba Reddy
Court: Andhra Pradesh
Decided on: Apr-21-2003
Reported in: 2003(6)ALD490
Bilal Nazki, J. 1. Heard learned Government Pleader for Services-II appearing for the petitioner as well as learned Counsel for the respondent. The writ petition is decided at this stage with their consent.2. The respondent was placed under suspension with effect from 8-9-1995. A criminal case in CC No. 11 of 1996 was registered against him which was tried and resulted in acquittal of the respondent. The State did not file any appeal and the judgment became final. On 4-11-2000 the respondent was reinstated into service. The period of suspension from 15-9-1995 to 12-11-2000 was not treated as on duty. Against this the respondent moved the Tribunal. The Tribunal on the day when the case came up for admission decided the matter and allowed the OA. In paras 12 and 13 the Tribunal noted.'12. The learned Government Pleader, no doubt, seeks time to get instructions and file counter. 13. In view of the determined case law on the point, no purpose would be served by granting any time to file co...
Godi Jayarami Reddy and anr. Vs. Siddamurthy Jayarami Reddy (Since Die ...
Court: Andhra Pradesh
Decided on: Apr-21-2003
Reported in: 2004(1)ALD212; 2004(2)ALT135
B.S.A. Swamy, J 1. The Subordinate Judge, Proddatur, by his judgment and decree dated 22-12-1986 in O.S. No. 27 of 1980 held that the respondents herein are entitled to l/3rd share in the properties held by one Bijivemula Subbireddy. Assailing this judgment and decree, the defendants in the suit, filed this appeal.2. The facts of the case are that one Bijivemula Subbi Reddy had a daughter by name, Pitchamma, and a son by name Sesha Reddy. Both the daughter and son were married during the lifetime of Subbireddy. Pitchamma was married to one Siddamurthy Rami Reddy. They had no issues. Sesha Reddy had a daughter by name Lakshumamma. Sesha Reddy predeceased his father, Subbi Reddy. Since, Subbi Reddy held vast properties, he brought his son-in-law, Siddamurthy Ramireddy and his daughter to his house to assist him in managing the properties. Admittedly, no children were born to the daughter and son-in-law. Subbi Reddy had executed a registered will on 21-1-1920 for the management of the pro...
Gurajala Ramesh and ors. Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Apr-21-2003
Reported in: 2003(2)ALD(Cri)13; 2003(2)ALT(Cri)95; 2003CriLJ3584
ORDERM. Narayana Reddy, J. 1. These Orders, according to Law, arise out of a Criminal Revision Case, filed by the revision petitioners, against the sole respondent-State, under Sections 397 and 401, Cr.P.C., 1973, questioning the, validity and legality, of the adjudications made by, and set forth in para 2, infra.2. Judgment, dated 19-7-2002, of the Court of the II Addl. Sessions Judge, Nellore, made in Criminal Appeal No. 101/97, of its file, inter alia, confirming, in toto, the earlier Judgment, dated 15-12-1997, of the Court of the Asst. Sessions Judge, Kovur, made in S. C. No. 143/95, of its file.3. Perused the material papers of the Record.4. Arguments were heard of the learned Counsel for the revision petitioners and the learned Addl. Public Prosecutor for the sole respondent-State.5. The three revision petitioners herein correspond, respectively, to appellants 3, 4 and 5 in the said Criminal Appeal No. 101/ 97, and A. 4, A. 5 and A. 6 in the said S.C. No. 143/95, of the said Tri...
Dr. N.C.K. Reddy Vs. Government of Andhra Pradesh, Medical, Health and ...
Court: Andhra Pradesh
Decided on: Apr-21-2003
Reported in: 2003(4)ALT234
T. Meena Kumari, J.1. The present Writ Petition has been directed against the judgment of the Andhra Pradesh Administrative Tribunal in O.A.No. 4235 of 2001 dated 30-1-2002.2. The petitioner herein is the third respondent and the third respondent herein is the applicant in the said O.A.3. The brief facts leading to the filing of the writ petition are as follows:4. The third respondent filed the above OA questioning GO Rt.No. 683, Health, Medical and Family Welfare (A1) Department dated 26-6-2001 in which the first respondent rejected his representation, for revision of seniority in the cadres of the Assistant Professor and the Professor of Pediatric Surgery and also sought a direction to the official respondents to prepare year-wise panels from July, 1983 and to fill up the vacancies of Professor of Pediatric Surgery and to prepare the seniority list in the cadre of the Asst. Professor and Professor of Pediatric Surgery.5. The petitioner herein passed M.B.B.S. in 1971 and M.S. in Gener...
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