Andhra Pradesh Court April 2003 Judgments
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Eleti Raja Reddy and ors. Vs. Puskur Damodar Rao
Court: Andhra Pradesh
Decided on: Apr-21-2003
Reported in: 2003(5)ALT481
P.S. Narayana, J.1. The appellants in the Second Appeal are the defendants in the suit and aggrieved by the reversing Judgment to an extent of Ac.0-38 guntas in S.No. 177 in Dharmaram, H/o. Bhoomireddipalli v/o Sultanabad taluq made in A.S.No. 29/92 on the file of I Additional District Judge, Karimnagar, the present Second Appeal is filed.2. The respondent in the Second Appeal/ plaintiff instituted the suit O.S.No. 12/83 on the file of District Munsif, Sultanabad originally which was transferred and renumbered as O.S.No. 191/92 on the file of Principal District Munsif, Karimnagar. The suit was originally filed for declaration of title and for perpetual injunction and was later amended claiming the relief of delivery of possession of an extent of 38 guntas and also for mesne profits.3. It was pleaded in the plaint as follows:4. The plaintiff is the exclusive owner and possessor of S.No. 177, measuring Acs.3-38 guntas dry situated at Dharmaram, H/o, Bhoomireddipalli, v/o. Sultanbad taluq...
Dutta Seethamahalakshmamma and ors. Vs. Yamadala Balaramaiah and anr.
Court: Andhra Pradesh
Decided on: Apr-18-2003
Reported in: AIR2003AP430; 2003(4)ALD381; 2003(6)ALT151
G. Rohini, J. 1. The unsuccessful plaintiffs in O.S. No. 21 of 1988 on the file of the Court of the Subordinate Judge, Nuzivedu preferred in this appeal.2. The suit is filed for specific performance of contract of sale dated 21.6.1970 or in the alternative for recovery of damages of Rs.4,08,000/- from the defendants. According to the appellants/plaintiffs the defendants are the absolute owners of the plaint schedule land and they agreed to sell the same to the plaintiffs 1 and 2 and the wife of the 3rd plaintiff under an agreement of sale dated 21.6.1970. The plaint averments are as follows:Under the agreement dated 21.6.1970 the defendants agreed to sell the said land for a total sale consideration of Rs.28,560/- at the rate of Rs.3,500/- per acre and on the date of the agreement itself the defendants received a sum of Rs.2,500/- as advance. It was agreed between the parties that the balance of sale consideration of Rs.26.060/- shall be paid on or before 2.8.1970, failing which the am...
S.V.S. Kodanda Rao Vs. State of A.P., Rep. by Inspector of Police, Acb
Court: Andhra Pradesh
Decided on: Apr-18-2003
Reported in: 2003(1)ALD(Cri)933; 2003(2)ALT(Cri)51
Gopala Krishna Tamada, J.1. The appellant/sole accused, who was a Senior Assistant in Mandal Revenue Office, Atreyapuram, East Godavari District, was tried by the learned III Additional District Judge-cum-Special Judge for S.P.E A.C.B. Cases, Visakhapatnam, in C.C. No. 24 of 1995 for the offences punishable under Sections 7, 11 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 and Section 201 I.P.C. and was ultimately found guilty of the said offences and accordingly sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,000/- in default to suffer simple imprisonment for three months for the offence punishable u/s 7 of the Prevention of Corruption Act; rigorous imprisonment for one year and to pay a fine of Rs.1,000/- in default to suffer simple imprisonment for three months for the offence punishable u/s 13(2) read with Section 13(1)(d) of Prevention of Corruption Act; and rigorous imprisonment for six months for the offence punishable u...
Zaheer Ahmed Khan Vs. A.P. State Wakf Board
Court: Andhra Pradesh
Decided on: Apr-18-2003
Reported in: 2003(3)ALD469; 2003(4)ALT288
ORDERG. Rohini, J. 1. This writ petition is filed seeking a declaration that the proceedings No. JC/RR/2000/B2 dated 28.2.2003 issued by the respondent-A.P. State Wakf Board, as arbitrary and illegal and contrary to Section 64(5) of the Wakf Act, 1995.'2. The facts which are not in dispute are as follows:The writ petitioner was appointed as temporary Mutawalli of Dargah-E-Kohe-Moula Ail on 25.1.1993. When his services were terminated by order dated 26.11.1993, he filed W.P.No. 17879 of 1993. This Court by order dated 6.12.1999 allowed the writ petition and the order of termination was set aside, observing that if the Wakf Board decides to proceed against the petitioner under Section 64 of the Wakf Act, it is open to the Board to do so and that till the enquiry is conducted, the petitioner shall not deal with movable or immovable property of the Dargah.3. In pursuance of the said order, an enquiry officer was appointed to go into the allegations levelled against the petitioner and it ap...
Rci Power Limited Vs. Union of India (Uoi) and ors.
Court: Andhra Pradesh
Decided on: Apr-18-2003
Reported in: AIR2004AP60; 2003(3)ALD762
B.S.A. Swamy, J. 1. Petitioners in Writ Petition Nos. 4770 and 4771 of 2002 are the appellants in CMA Nos. 1351 and 1356 of 2001. These petitioners along with the appellants in other CMAs have established power generation units in private sector from time to time, both conventional and non-conventional, pursuant to the policy of the Central Government to encourage greater investments by private enterprises in power sector formulated in the year 1991 and in allowing private participation in generation, distribution, renovation and modernization of the power projects in its quest for increasing availability of electricity since the per capital electricity consumption in the country happened to be the lowest and to bridge the gap between demand and supply and entered into agreements with the then A.P. State Electricity Board the predecessor-in-interest to the 2nd respondent A.P. TRANSCO with the approval of the State Government for transmission of the energy generated by them to their con...
K. Sudhakar Gupta Vs. Electro thermics (Pvt) Limited
Court: Andhra Pradesh
Decided on: Apr-18-2003
Reported in: 2003(3)ALD855; [2004]122CompCas625(AP); [2003]47SCL727(AP)
ORDERS. Ananda Reddy, J.1. This Company Petition is filed under Section 391, read with Section 394 of the Companies Act, 1956 (hereinafter referred to as 'the Act') seeking sanction of the scheme of arrangement/ compromise with the creditors of the Respondent Company in liquidation; whereas CA No. 665 of 2001 is filed opposing the sanction of the scheme, and CA No. 539 of 2002 is filed seeking sanction of a modified scheme of arrangement/compromise. As the Company Petition as well as the above Company Applications are interrelated, they are heard together and disposed of by this common order. 2. The facts leading to filing of the above Company Petition and Company Applications are as under: The Company Petition is filed by one of the shareholders, Mr. M. Sudhakar Gupta, who was the erstwhile Managing Director of the Respondent Company in liquidation, (hereinafter referred to as 'the Petitioner'). According to the Petitioner, he is holding 9041 equity shares of Rs. 100/- each. The Compa...
indo National Limited Vs. Labour Court and anr.
Court: Andhra Pradesh
Decided on: Apr-18-2003
Reported in: 2003(3)ALD691; 2003(4)ALT167
ORDERS. Anand Reddy, J.1. This writ petition is filed by the company praying for issue of writ of Certiorari or any other appropriate writ or order quashing the award of the first respondent-Labour Court, Guntur in I.D.No. 39 of 1991 dated 12-5-2000 and to pass such other and further orders as the Court deems fit.2. The petitioner is a company registered under the Companies Act carrying on its operations at Tada in Nellore District. As on the relevant date, the petitioner-company was engaging 308 employees in its factory and has got good industrial relations and was observing all the provisions of the Labour Laws. During the year 1990, there were two registered unions in the petitioner factory, one belongs to I.N.T.U.C., which was a majority union and the other belongs to D.M.S., which was a minority union with nominal membership. The minority union started instigating the workmen to slow down the production in the factory by misleading them that the salaries and perks are inadequate. ...
Sohanlal Agarwal Vs. Dr. Zakir Hussain
Court: Andhra Pradesh
Decided on: Apr-18-2003
Reported in: 2003(4)ALD279
M. Narayana Reddy, J.1. This Judgment, according to Law, based on the legal material placed, on Record, arises out of a Second Appeal, filed by the sole appellant, against the sole respondent, under Section 100, CPC, questioning the, validity and legality, of the adjudications made by, and set forth in para 2, infra.2. Judgment and Decree, both, dated 12-12-1994, of the Court of the Addl. Chief Judge, City Civil Court, Secunderabad, made in A.S.No. 51/89, of its file, confirming, in toto, the earlier Judgment and Decree, both, dated 18-1-1989, of the Court of the XI Asst. Judge, City Civil Court, Secunderabad, made in O.S.No. 3410/84.3. 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 the sole appellant in the said A.S. No. 51/89, of the said First Appellate Court and the sole defendant in the said O.S. No. 3410/84, of the said Trial Court The sole respondent herein c...
Sreeramanjaneyapuram Village Agricultural Labour Society Vs. Divisiona ...
Court: Andhra Pradesh
Decided on: Apr-18-2003
Reported in: 2003(4)ALD482
ORDERV.V.S. Rao, J.1. The petitioner is a registered society established with the object of reclaiming the forest land and put it to use for the benefit of Banjaras, Sugalis, Dalits and other persons belonging to weaker sections of the society. The society filed the writ petition seeking a writ of mandamus directing the respondents, namely, the Divisional Forest Officer, Guntur, Range Officer, Guntur Range, and Superintendent of Police, Guntur to issue one hectare of agricultural land in Venkatayapalem Forest Blocks I, II and III within the jurisdiction of Papayapalem forest section, Bellamkonda Mandal, Guntur District, to the members of the petitioner society.2. The writ petition came to be filed in the background of the following events. It appears, in 1991, Special Deputy Collector (Land Acquisition) and the first respondent herein along with other officials inspected the Forest Blocks I, II and III of Papayapalem forest section and allegedly recommended that 60 to 75% of the area c...
P. Vishnuvardhan Reddy Vs. Government of A.P. and anr.
Court: Andhra Pradesh
Decided on: Apr-18-2003
Reported in: 2003(6)ALD686
G. Bikshapathy, J.1. These appeals have a long tail with tiny head.2. Fixation of market value continue to be the never ending issue in Land Acquisition proceedings over a period of half a century. Right from Justice Romer (Vyricherla Narayana Gajapatiraju v. Revenue Divisional Officer, AIR 1939 PC 98), to Justice S. V. Patil (Kasturi v. State of Haryana, : AIR2003SC202 , Officer, the Judge made law has been a guiding factor rather than strict interpretation of statutory provisions. Yet, the edifice 'market value' is based on sole principal pillar - price which a willing vendor might reasonably expect to obtain from a willing purchaser. These two obscure personalities per force make the Courts to indulge in a guesswork and create any amount of judicial exercise to feel their pulse to arrive a just and reasonable compensation.3. Turning to the genealogy of these appeals, an extent of Ac. 37-23 gts. in S.Nos. 461, 462 and 463 and another extent of Ac. 1-39 gts. in S.No. 431 of Patancheru...
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