Andhra Pradesh Court June 2003 Judgments

R. Jagadeeshwar Vs. P. Goutham Goud and ors.

Court: Andhra Pradesh

Reported in: 2003(6)ALT226

ORDERV.V.S. Rao, J.1. The petitioner unsuccessfully contested the election for the post of Sarpanch of Gram Panchayat, Kollapur in Mahbubnagar District. The first respondent was elected as Sarpanch by securing 3302 votes. The petitioner filed an election petition being E.P.No. 19 of 2001 under Section 233 of the A.P. Panchayat Raj Act, 1994 ('the Act') read with Rule 2(1) of the A.P. Panchayat Raj Election Tribunals in respect of Gram Panchyats, Mandal Parishads and Zilla Parishads) Rules, 1995 (hereafter called 'the Rules') contending that the first respondent has got three children by name Balu Mahesh, Pratyusha and Sai Krishna born on 8-4-1999, 28-4-1993 and 29-8-1996 respectively and, therefore, he incurred disqualification under Section 19(c) of the Act. He prayed the Election Tribunal-cum-Junior Civil Judge, Kollapur, Mahbubnagar District to set aside the election of Respondent No. 1.2. The first respondent opposed the election petition contending that the second and third childr...

Puvvada Srinivas and anr. Vs. P. Ch. Satyanarayana Murthy and ors.

Court: Andhra Pradesh

Reported in: 2003(4)ALD599

ORDERP.S. Narayana, J.1. Heard. Sri C. Upendra, the learned Counsel representing the petitioners and Sri M. Balaji, the learned Counsel representing the respondents.2. The Civil Revision Petition is filed as against an order made in I.A.(G.R) No. 3642/2003 in O.S.No. 283/91 on the file of Principal Junior Civil Judge, Vizianagaram, dated 16-4-2003.3. The Revision Petitioners herein filed I.A.(GR) No. 3642/2003 in O.S.No. 283/ 91 on the file of Principal Junior Civil Judge, Vizianagaram under Section 151 of the Code of Civil Procedure, hereinafter referred to as 'Code' in short to expunge the remarks and the evidence recorded on 28-6-2002 in the evidence of DW-1 in O.S.No. 283/91 on the file of Principal Junior Civil Judge, Vizianagaram. The learned Principal Junior Civil Judge, Vizianagaram by the order dated 16-4-2003 had rejected the said application and aggrieved by the same, the present Civil Revision Petition is preferred by the Revision petitioners. The remarks recorded by the le...

Syed AmeenuddIn HussaIn Vs. Joint Collector and ors.

Court: Andhra Pradesh

Reported in: 2003(4)ALD878

ORDERGhulam Mohammed, J. 1. This writ petition is filed seeking to issue an appropriate writ or order declaring the order in File No. J/76/ Inam/1994, dated 17-6-1996 passed by the 1st respondent-Joint Collector, Medak District, at Sanga Reddy, as being illegal and arbitrary and consequently to quash the same in the interest of justice.2. The genealogy of the case as borne out from the material made available, is as follows:One Abida Banu Sahiba was the Inamdar of the land in Sy.No. 90 admeasuring Ac.15-30 guntas and Sy.No. 164 admeasuring Ac. 13-02 guntas situated at Raikode village and Mandal in Medak District (for brevity, 'the lands in question'). The village Raikode was an ex-Jagir un-surveyed village of erstwhile Bidar District and after the reorganisation of the States in the year 1956, this village has been merged into Medak District.3. The case of the petitioner who claims to be the grandson of Abida Banu Sahiba is that the lands in question are Masrut-Ul Kidmat i.e., service ...

Andhra Pradesh Civil Liberties Committee Vs. Collector and District Ma ...

Court: Andhra Pradesh

Reported in: AIR2003AP450; 2003(5)ALD205

ORDERV. Eswaraiah, J.1. The Andhra Pradesh Civil Liberties Committee, represented by its District Committee Secretary, Guntur, who is also an advocate, filed this writ petition, to declare the Circular Orders dated 14-2-2000, issued by the Collector and District Magistrate, Guntur District, in directing all the in-charges of the grounds, meeting halls, Kalyana Mandapams and other public places or private place owners, which are convenient to conduct meetings, to obtain advise from the local Police Inspectors/Sub-Divisional Police Officers concerned, and to act in such a way that there should not be any problem in maintaining the law and order in the District and sparing premises to such organisations such as the petitioner organisation, without getting permission from the Police will be viewed seriously, as illegal, arbitrary and violative of Article 19(1) (a), (b), (c) of the Constitution of India.2. It is stated in the said circular that the Superintendent of Police, Guntur, has repo...

Mudavath Hema Naik and anr. Vs. State of A.P.

Court: Andhra Pradesh

Reported in: 2003(2)ALD(Cri)85; 2003(2)ALT(Cri)240; 2004CriLJ847

M. Narayana Reddy, J. 1. This judgment, according to Law, based on the legal material placed, on Record, arises out of a Criminal Appeal, filed by the two appellants, against the sole respondent-State of A.P., under Sub-section (2) of Section 374, Cr. P.C. 1973, questioning the validity and legality of the adjudications made by, and set forth in para 4, infra.2. Appellants 1 and 2 herein correspond, respectively, to A.1 and A.2 in S.C. No. 1148/2000, on the file of the Assistant Sessions Judge, Gurazala (Trial Court). The sole respondent herein corresponds to the sole complainant therein, corresponding to the Inspector of Police, Macherla.3. The parties are, hereinafter, referred to, with reference to their respective descriptions before the said Trial Court, in that S.C. No. 1148/2000, unless, otherwise, so specified.4. Judgment, dated 21-1-2002 of the Trial Court, adjudicating upon the said S.C. No. 1148/2000, as under ;--I. Finding A.1 and A.2, guilty of the offences and charges fra...

Andhra Pradesh Kuruma Sangam Vs. Registrar of Societies

Court: Andhra Pradesh

Reported in: 2003(4)ALD473; 2003(5)ALT752

ORDERD.S.R. Varma, J.1. The letter No. 2/276/2002, dated 29-4-2002, issued by the Registrar of Co-operative Societies, Andhra Pradesh, Hyderabad, the respondent herein, advising the petitioner-society (for short 'the society') to approach the District Court concerned, is under challenge in this writ petition.2. The factual background is that the society was originally registered under the Andhra Pradesh Public Societies (Telangana Area) Registration Act, 1350 Fasli (presently the Andhra Pradesh Societies Registration Act, 2001). As provided under the relevant statute, amendments were brought in to the Bye-Laws of the society from time to time. In that course, an amendment was contemplated to the Bye-laws of the society. Consequently, a General Body meeting was convened on 22-12-2001, and a Committee consisting of nine members was also constituted in that regard and the said Committee went into various aspects of the matter and recommended amendment to the existing Bye-laws of the socie...

Mohd. NizamuddIn Vs. Shri Shakti Lpg Ltd.

Court: Andhra Pradesh

Reported in: 2003(5)ALD579; 2003(5)ALT590; I(2004)BC79; (2003)4CompLJ408(AP); [2003]46SCL561(AP)

ORDERT. Ch. Surya Rao, J.1. Although the petitioners are different, respondent is the same in both the petitions. Both the petitions were filed seeking winding up of the respondent-company under Section 433(e) and (f) of the Companies Act, on the premise that the respondent company had been unable to pay its debts and, therefore, it had lost its substratum and therefore liable to be wound up.2. Initially, notice before admission was ordered to the respondent. The respondent appeared through its Counsel. When the matter had been coming up for filing counter affidavit on the side of the respondent, its Counsel filed an affidavit stating that the matter had already been referred to the Board of Industrial Finance and Rehabilitation, for short 'BIFR', and the same had been pending before it.3. The learned Counsel for the petitioners, Sri V. Srinivas represents that when the respondent-company is not an industrial company and merely because the matter has been referred to BIFR and the same ...

Vara Vara Chits Ltd. Vs. Mrs. Y. Punyavathi

Court: Andhra Pradesh

Reported in: 2004(4)ALD41; 2003(6)ALT94; [2004]49SCL548(AP)

ORDERT. Ch. Surya Rao, J.1. M/s. Vara Vara Chits Limited represented by the Official Liquidator seeks a direction to the respondents to pay jointly and severally a sum of Rs. 31,429 with interest at the rate of 12% per annum from 23-4-2001 till the date of realisation.2. The facts lie in a narrow compass :By an order dated 23-4-2001 passed in company petition No. 131 of 2000, the Official Liquidator attached to the Company Court was appointed as Provisional Liquidator of M/s. Vara Vara Chits Limited, the company which was under provisional liquidation, Subsequently on 6-2-2002 the company was ordered to be wound up. Pursuant to the said orders, the Official Liquidator took possession of the assets and books of account of the company. It revealed from the information contained in the statement of affairs and the list of debtors, that the first respondent was a subscriber to chit No. 4 of Chit Group No. VVSL-50G the value whereof was Rs. 50,000, to be subscribed at Rs. 1,000 per month fo...

A.P. Film Chamber of Commerce Vs. Joint Collector and Licensing Author ...

Court: Andhra Pradesh

Reported in: 2003(5)ALT808

ORDERB. Prakash Rao, J.1. The petitioner, Andhra Pradesh Film Chamber of Commerce, files this Writ Petition seeking Mandamus to declare the impugned circular dated 9-7-2002 issued by the 2nd respondent as bad, illegal and void.2. The petitioner has all the theaters in the State on its members. Under the impugned circular, which was affecting the theaters in the Krishna District, the second respondent directed the manager in-charge of all the theaters in the Vijayawada District to produce various certificates for the renewal of B-Form licenses issued under the provisions of A.P. Cinemas (Regulation) Act, 1955 and Rules made thereunder. According to the petitioner, the law does not require any such production. Though it is required to produce only two certificates for the purpose of renewal, viz., (1) soundness and structural (Longevity) Certificate issued by the Executive Engineer, R and B (2) Electrical and fire Certificate issued by the Dy. Electrical Inspector, the impugned circular ...

Seshagiri Rao Vs. Vijaya Kumari

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

P. Ramakrishnam Raju, President: 1. This revision petition is filed questioning an order made in I.A. No. 36/2002 dated 16.5.2003 permitting Mr. K. Seshagiri Rao, the father of the 12th opposite party, late Mr. Kiran Kumar, as a party to the PP. Proceedings on the ground that he is the legal heir of the 12th opposite party since deceased. The said application was ordered by an order dated 16.5.2003. Hence, this revision. 2. The learned Counsel for the petitioner objects to the said order on the ground that in the PP, the petitioner namely, K. Seshagiri Rao cannot be impleaded inasmuch as no property invested in him on the death of his son. In fact his son was married and his widow as well as the mother of deceased are Class I heirs and as such impleading the petitioner does not serve any purpose. It is also his submission that Kiran Kumar died pending C.D. and orders were passed in the C.D. without bringing his legal representative and as such the order passed against Kiran Kumar is a ...