Andhra Pradesh Court June 2003 Judgments

Smt. Modalavalasa Shanti Ram Kumar Vs. State of A.P. and anr.

Court: Andhra Pradesh

Reported in: 2003(2)ALD(Cri)28; 2003(2)ALT(Cri)354; 2003CriLJ3607

ORDERB. Seshasayana Reddy, J.1. This Criminal Petition is filed by the petitioners/A-1 and A-2 to quash the charge-sheet in C.C. No. 359 of 2000 on the file of Vth Metropolitan Magistrate. Visakhapatnam. The petitioners herein are A-1 and A-2 in C.C.359/2000. One Chigurupalle Sathyanarayana is A-3 in the said C.C.2. The facts of the case giving rise to filing of this Criminal Petition by the petitioners/accused in brief are :The petitioners established a firm in the name and style of Ms. A. P. Sugars Electricity Generation Plant and Enclave Project I.C.S. Limited at Srikakulam and obtained a temporary registration of the firm with District Industries Centre, Srikakulam under proceedings in Lr.No. 2730/88/C, dated 28-8-98. The 1st petitioner is the Chairman-cum-Managing Director of the firm. 2nd petitioner is the husband of petitioner No. 1 and he is working as Junior Assistant in District Court, Vizianagaram. A-3 Chigurupalle Sathyanarayana is a partner of Vidhya High School and Conven...

Sampathlal Vs. Shyamalal and anr.

Court: Andhra Pradesh

Reported in: 2003(5)ALT580

P.S. Narayana, J.1. The unsuccessful plaintiff, aggrieved by the reversing Judgment made in A.S.No. 169/89 on the file of Additional Chief Judge, City Civil Court, Secunderabad had preferred the present Second Appeal. The respondents 1 and 2 in the Appeal are defendants 1 and 2 in the suit O.S.NO. 179/82 on the file of III Additional Judge, City Civil Court, Hyderabad at Secunderabad.2. The parties are referred to as plaintiff and defendants as arrayed in the original suit for the purpose of convenience.3. The plaintiff instituted the suit O.S.No. 179/82 on the file of III Additional Judge, City Civil Court, Hyderabad at Secunderabad praying for the relief of specific performance of the agreement of sale dated 6-1-1978. The 1st defendant filed written statement and also additional written statement. The 2nd defendant remained ex parte. On the strength of the respective pleadings of the parties Issues and additional Issues were settled and on behalf of the plaintiff, P.W.1 was examined ...

P.B. Srinivasa Rao Vs. Director/Manager, Shri Shakthi Lpg Gas Ltd.

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

P. Ramakrishnam Raju, President: 1. This is an application to condone the delay of 20 days in filing the appeal. What is stated in the petitioners affidavit is that the District Forum disposed of the C.D. on 29.11.2002 and the order copy was despatched on 11.12.2002 and received by the petitioner on 15.12.2002. He sent the appeal papers through courier on 10.1.2003 and left for Sabarimalai. Due to shifting of the State Forum courier boys could not identify the office and the said cover returned to his Counsel on 3rd week of January, 2003. Hence the delay. This explanation cannot be accepted. There was no shifting of the State Forum as alleged. As such the basis for the request for condonation of the delay is unreal. However, he filed returned courier cover with endorsement Shifted to un-known place The address of the cover shows R.P. Road, Hyderabad which is incorrect as there is no R.P. Road in Hyderabad but in Secunderabad. In view of the incorrect address perhaps the cover might hav...

Challa Parabrahma Rao Vs. Divisional Manager, Lic of India

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

P. Ramakrishnam Raju, President: 1. This is an application to condone the delay of 90 days in filing the appeal. What is stated in the petitioners affidavit is that the complaint filed by him was dismissed by the District Forum, Visakhapatnam on 21.10.2002. As he was transferred to Hyderabad from Visakhapatnam during the year 2002 he was pre-occupied with bench work and inspection work and he could not contact his Advocate at Visakhapatnam. 2. When he visited Visakhapatnam in March, 2003 he came to know from his Counsel that C.D. No. 521/2001 was dismissed on 21.10.2002. Then he immediately filed the appeal. Hence there is a delay of 90 days in filing the appeal. 3. We cannot accept this exaplanation. It cannot be believed that the petitioner was busy and he had no time to contact his Advocate at Visakhapatnam from 21.10.2002 to 20.3.2003. He himself has neglected to find out the result of the case and as such he himself is responsible for the consequences. The vested right accrued to...

Ge-countrywide Consumer Financial Services Ltd. Vs. Mrs. Vijaya S. Nai ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

P. Ramakrishnam Raju, President: 1. This is an application to condone the delay of 413 days in filing the appeal. What is stated in the petitioners affidavit is that he is the Manager of the petitioner company and place of operation was shifted from Hyderabad to Secunderabad during the year 2000 and thus notice was not served on the petitioner, but he came to know after P.P. 75/2001 was filed and warrants were issued. 2. This explanation cannot be accepted. The copy of the order dated 2.7.2001 passed in C.D. No. 1370/2000 was despatched by the District Forum under Dis. No. 1367/2001, dated 17.7.2001. The petitioner has not stated a word about the said copy namely whether it was returned to the District Forum for want of correct address or lost in transit. Therefore, we hold that the petitioner has received the said copy. We, therefore, find that the petition is devoid of merits and is accordingly dismissed. 3. Even otherwise there are no merits in the appeal. 4. The complainant approac...

Narsing Rao Vs. Anjuman Kadeemul Musleemeen Refaheam Through Secretary ...

Court: Andhra Pradesh

Reported in: 2003(6)ALD447; 2003(5)ALT768

G. Yethirajulu, J. 1. This is an appeal preferred by the Respondent in A.S. No. 212 of 1993 on the file of the III Member Tribunal for Disciplinary Proceedings-cum-VIII Additional Chief Judge, City Civil Court, Hyderabad preferred against the judgment and decree in O.S. No. 214 of 1984 on the file of the IX Assistant Judge, City Civil Court, Hyderabad.2. The first appellate Court allowed the said A.S. No. 212 of 1993 setting aside the judgment and decree of the trial Court and remitted the matter back to the trial Court for fresh disposal observing that the disposal of the suit is contrary to and without complying with the provisions of the Wakf Act and without framing the relevant issues which would cause prejudice to the parties to the suit.3. The Respondent who was the plaintiff in the said O.S. No. 214 of 1984 filed the said O.S. No. 214 of 1984 for declaration that the suit house is part and parcel of the Wakf property and that the Respondent is entitled to the possession thereof ...

A. Rama Goud Vs. Omnitrode Aditya Electrodes Private Limited and ors.

Court: Andhra Pradesh

Reported in: 2003(4)ALD278; 2003(4)ALT669; [2004]118CompCas154(AP); [2003]47SCL775(AP)

Devinder Gupta, C.J. 1. Heard. Challenge in this appeal is to the order passed by the learned Company Judge dated 3-1-2003 ordering winding up of company viz., M/s. Omnitrode Aditya Electrodes Private Limited.2. Reliance has been placed on the decision of the Calcutta High Court in Eastern Paper Mills Ltd v. Board for Industrial and Financial Reconstruction and Ors., (2001) 3 Comp LJ 106, wherein it is held that the opinion forwarded by the Board for Industrial and Financial Reconstruction that it is just and equitable to wind-up the industrial company is not conclusive. Such opinion can only form basis for proceedings to be continued against sick industrial company for purposes of winding up. Further proceedings ought to be conducted by Company Court in accordance with the Companies Act and Company (Court) Rules to determine whether it is just and equitable to wind-up such company, which procedure has not been followed and there is no adjudication by the learned Company Judge that it ...