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Andhra Pradesh Court April 2003 Judgments

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Apr 16 2003

Mirza Ramza Ali Vs. Commissioner, Prohibition and Excise and anr.

Court: Andhra Pradesh

Decided on: Apr-16-2003

Reported in: 2003(3)ALD700; 2003(3)ALT562; 2003CriLJ3613

ORDERV.V.S. Rao, J.1. The petitioner claims to be Branch Manager of M/s. Sri Ram Transport Finance Ltd., ('financier' for brevity). The financier appears to have given a loan to one Ch. Sarada ('hirer' for brevity) under an agreement dated 5-6-1996 ('hire purchase agreement' for brevity) for purchase of a goods vehicle, lorry bearing No. AP-26-T-2039. Under the hire purchase agreement, the hirer has to pay monthly instalments to the financier and it was covenanted that the hirer shall not transport any illegal and unauthorized goods. Clause 8 of the hire purchase agreement provides that ownership of the vehicle will remain with the financier unless and until the loan amount is repaid.2. The vehicle in question was intercepted and checked by the Prohibition and Excise Inspector, Kovur along with his staff on 27-7-1996. The lorry was carrying 360 quarts of Indian made liquor (IML). Under a panchanama, the vehicle along with the contraband was seized and produced before the second respond...


Apr 16 2003

Lavudi Lakya and ors. Vs. Secretary to Government of A.P., Irrigation ...

Court: Andhra Pradesh

Decided on: Apr-16-2003

Reported in: 2003(3)ALD878

ORDERR. Subhash Reddy, J.1. This Writ Petition is filed by the 16 petitioners, seeking a Writ of Mandamus, to declare the action of the respondents in refusing to pay the compensation for their lands, totally admeasuring Ac.6.23 guntas, which was utilized for the public purpose of excavation of supplementary channel in O&M; Division of Nagarjuna Sagdr Project, as illegal, and seek directions to the respondents, to pay compensation for the lands effected for such excavation.2. Few necessary facts for disposal of the Writ Petition are as under: The 16 petitioners, who are tribals, belonging to 'Lambada' community, were the owners and possessors of small extents of lands in Thungapahad Village of Miryalaguda Mandal, Nalgonda District. The extent of land owned by each of the petitioner ranges from 0.7 guntas to Ac. 1.10 guntas. It is their case that the respondents have excavated water channel from Amedipalli to Thungapahad to supply water to the tail end ayacut lands under the Nagarjuna S...


Apr 16 2003

Todendula Venkata Krishnaiah Vs. Uppu Gangaiah

Court: Andhra Pradesh

Decided on: Apr-16-2003

Reported in: 2003(4)ALD366; 2003(4)ALT601

ORDERFacts and contentions in brief1. The petitioner is the defendant in O.S. No. 301 of 1998 on the file of the Court of the Principal Junior Civil Judge, Kovur, Nellore District. The respondent filed the suit for declaration regarding suit irrigation channel and mandatory injunction. He filed an application being I.A. No. 1361 of 2002 under Order VI, Rule 17 of the Code of Civil Procedure, 1908 ('CPC') praying the Trial Court to permit him to substitute '1997' in the place of '1987' in the cause of action paragraph. It is his case that in the paragraph narrating the cause of action, by mistake, instead of 1997 it was mentioned as 1987 and that it is a typographical mistake and, therefore, he may be permitted to amend the same as 1997 in the relevant paragraph. The petitioner opposed the application contending that when in written statement he has taken a plea to the effect that as the cause of action arose on 5-4-1987, the suit beyond three years is barred by limitation. A suggestion...


Apr 16 2003

Malreddy Ramachandra Reddy Vs. C. Vanaja Reddy and ors.

Court: Andhra Pradesh

Decided on: Apr-16-2003

Reported in: 2003(2)ALD(Cri)91; 2003(2)ALT(Cri)253; II(2004)DMC49

ORDERK.C. Bhanu, J.1. This petition is directed against the order, dated 2.8.2001, in Crl. R.P. No. 15/1999 on the file of the learned II Additional Sessions Judge, Cuddapah, confirming the order passed by the learned II Additional Judicial I Class Magistrate, Cuddapah, in Crl. M.P. No. 4073/1998 in C.C. No. 224/1995, dated 18.2.1999.2. Petitioner is an accused in C.C. No. 224/1995. Chinna Chowk Police laid a charge-sheet against him, his parents and three sisters for an offence punishable under Section 498-A of the Indian Penal Code and for offences punishable under Sections 3 and 4 of the Dowry Prohibition Act, for short, hereinafter to be referred to as 'the Act'. A single charge under Sections 3 and 4 of the Act was framed against petitioner and A-2. After conclusion of trial and before judgment, the learned Magistrate framed separate charges under Sections 3 and 4 of the Act against petitioner and A-2 and recalled P.Ws. 1 to 3 and cross-examination them. During their cross-examina...


Apr 16 2003

Surisetti Mahalakshmamma and ors. Vs. Surisetti Gowri Sankararao and o ...

Court: Andhra Pradesh

Decided on: Apr-16-2003

Reported in: 2003(5)ALT396

P.S. Narayana, J.1. The unsuccessful plaintiffs in both the Courts below are the appellants in the present Second Appeal. The said plaintiffs in yet another suit O.S.No. 174/88 on the file of Junior Civil Judge, Bheemunipatnam filed I.A.No. 1414 of 1998 under Section 10 r/w. Section 151 C.P.C. praying for the stay of proceedings on the ground that the subject matter of the property being one and the same and inasmuch as S.A.No. 431/95 is pending on the file of this Court, the said suit has to be stayed at least till the disposal of the Second Appeal. The said application was dismissed and aggrieved by the same the Civil Revision Petition was preferred and that is how both the matters are coming up before this Court for final disposal.2. Sri Srinivas Rao and Sri Veerabhadryya, counsel representing the respective parties had made elaborate submissions. The learned counsel for the appellants at the outset had submitted that the Civil Revision Petition was filed only with a view to have st...


Apr 16 2003

Puvvada Nageswararao and anr. Vs. Kantamani Ratna Kumar and ors.

Court: Andhra Pradesh

Decided on: Apr-16-2003

Reported in: 2003(6)ALT543

B.S.A. Swamy, J.1. One Mr. Puvvada Narsimha Murthy filed O.S.No. 181 of 1976 seeking a declaration that the plaint 'A' schedule moveable properties lying in the Shyamala Theatre as shown in Ex.A-5 the list of items that were taken over by the Official Receiver in I.P.No. 24 of 1970 belongs to him, and consequently direct the defendants either to return the articles or the value of the articles to him. During the pendency of the suit, the first defendant was the auction purchaser of the theatre in a suit filed by the second defendant for recovery of the money passed on promissory note. The Defendant No. 2 is the plaintiff in O.S.No. 60 of 1979 who obtained a decree for Rs. 4,20,000/- subject to clearance of equitable mortgage for an amount of Rs. 8,75,000/- in favour of his brother. Defendant No. 3 was the proprietor of theatre. Defendants 4 to 10 were the legal representatives of late Alapati Bhaskara Ramayya. During the pendency of the suit, the plaintiff seems to have died. The legal...


Apr 15 2003

Gajula Rama Rao and anr. Vs. Thondamanati Subbaraya Pillai and Kogila ...

Court: Andhra Pradesh

Decided on: Apr-15-2003

Reported in: 2003(6)ALD45; 2003(4)ALT740

ORDERB.S.A. Swamy, J.1. This application is filed to bring the legal representatives of the deceased 1st respondent. This court by order dated 5.2.2003 directed notice returnable in two weeks and also permitted the counsel for the appellants to take out personal notice on the proposed respondents by RPAD and file proof of service on the next date of hearing.2. The registered notices taken out by the counsel for the appellants were returned with an endorsement that the house was locked for 10 days, hence returned. Since it is not uncommon that the postmen return the letters to the senders with endorsement like door locked, addressee not found, party refused, addressee is not in the village, no such addressee and incorrect address etc.3. We directed the Senior Standing Counsel to get instructions on the manner in which these registered letters have to be served on the addressees and whether there is any documentary evidence to justify the endorsements that are being made by these postmen...


Apr 15 2003

G. Ramaiah (Died) by Lrs Vs. Muthyala Prakash and anr.

Court: Andhra Pradesh

Decided on: Apr-15-2003

Reported in: 2003(4)ALD83

B. Prakash Rao, J. 1. The defendant No. 1 is the appellant herein who seeks to assail the judgment and decree in A.S. No. 9 of 1988, dated 25,8.1992 on the file of the Addl. District Judge, Nizamabad reversing the judgment and decree in O.S.99 of 1979, dated 26.9.1987 on the file of the District Munsif at Nizamabad. The respondent No. 1 /the plaintiff had filed a suit for declaration of his ownership of the suit site shown in blue colour in the plaint sketch and for recovery of possession along with mandatory injunction for demolition of the wall constructed on the suit site by the defendant.2. Briefly the case of the respondent No. 1-Plaintiff was that he is the owner and possessor of house bearing No. 4-5-409 situated at Amberpet, Nizamabad. By taking advantage of the plaintiff being out of station at the relevant point of time, defendant No. 1 illegally constructed the wall which is shown in yellow colour in the plaint sketch on the site which belongs to the plaintiff. It was allege...


Apr 15 2003

V. Prashanth Kumar Vs. Jawaharlal Nehru Technological University and o ...

Court: Andhra Pradesh

Decided on: Apr-15-2003

Reported in: 2003(4)ALD553; 2005(1)ALT302

ORDERV.V. S. Rao, J.1. The petitioner is a student of second semester third year B.Tech (Mechanical). He seeks a writ declaring the action of third respondent including name of petitioner in the list of candidates detained for want of proper attendance. He also seeks a direction to respondents to permit him to appear for second semester of third year B.Tech.2. It is the case of petitioner that he is a regular student. On 23.1.2003 when he was going to college he was hit by bus and sustained multiple injuries and fractures to facial bones. Therefore, he is taking treatment by reason of which there is shortage of attendance. Learned Counsel for the petitioner therefore pleads that the petitioner may be given chance for examination.3. Regulation 5 of the Revised Academic Regulations for B. Tech (Regular) Four Year Degree Course reads as under:5. Attendance: i. A student has to put in a minimum of 75% of attendance in aggregate of all the subjects for acquiring credits in the I year and/or...


Apr 15 2003

Ellaturu Siddaiah Vs. Revenue Divisional Officer and ors.

Court: Andhra Pradesh

Decided on: Apr-15-2003

Reported in: 2003(4)ALT346

ORDERV.V.S. Rao, J.1. The petitioner is a resident of Padigalapalle village in Cuddapah District. It is his case that he dug a bore well in Sy.No. 468 of Kolumulapale village and cultivating the land. The bore well which was dug long back got damaged due to heavy floods in October 2001. Therefore, he dug another bore well after obtaining permission of the Village Secretary. He now alleges that at the behest of the fourth respondent, the Mandal Revenue Officer (MRO) issued a show cause notice dated 20-2-2003 asking for explanation of the petitioner for digging bore well in Sy.No. 468 without permission. The petitioner gave a reply on 3-3-2003 and also sent a legal notice through his counsel on the same day. The second respondent conducted enquiry and submitted a report dated 20-3-2003 to the first respondent who instructed the MRO to seize the bore well. Therefore, he filed the writ petition seeking a writ of mandamus holding that the action of the first respondent in directing responde...


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