Andhra Pradesh Court July 2003 Judgments
My Palace Mutually Aided Housing Co-operative Society Limited Vs. Stat ...
Court: Andhra Pradesh
Decided on: Jul-31-2003
Reported in: 2003(5)ALD720
ORDERN.V. Ramana, J.1. Aggrieved by the docket orders dated 13-5-2003 passed by the I Additional District Judge, Ranga Reddy District, returning the suit O.S. No. 57 of 1993, filed by the plaintiff for payment of proper Court fee, the present Civil Revision Petition has been filed.2. The facts which led to the filing of the present C.R.P. may briefly be noted as follows:3. The petitioner claims that the land in Sy.No. 57, situated in Shamshiguda Village, Balanagar Mandal, Ranga Reddy District, was owned and possessed by Asmanjahi Paigah. The Government of Andhra Pradesh appears to have appointed Jagir Administrator under the provisions of the Hyderabad Jagir Abolition Regulation 1348 Fasli for deciding the Jagir properties under Regulation 5 thereof. The Jagir Administrator upon examination of the records held that the land covered by Sy.No. 57 of Shamshiguda Village is not a Jagir property. Though the Government of Andhra Pradesh by gazette notification, way back in the year 1953 invi...
Tag this Judgment!K. Chinna Thimma Reddi Vs. K.A. Venkatarami Reddi (Died) and ors.
Court: Andhra Pradesh
Decided on: Jul-31-2003
Reported in: 2004(1)ALT66
C.Y. Somayajulu, J.1. First defendant in O.S.No. 427 of 1978 on the file of the Court of the District Munsif, Hindupur, is the appellant in this Second Appeal. 1st respondent filed the said suit against the appellant and 6th respondent for declaration of his title to item 7 of the plaint schedule and for delivery of possession thereof and also for a decree of perpetual injunction restraining the appellant and 6th respondent from interfering with his possession and enjoyment of item 2 of the plaint schedule, contending that he, appellant and 6th respondent who are the sons of Hanumantha Reddy had divided their properties under a registered Partition Deed dated 18-2-1964 and took possession of their respective shares, whereunder the properties specified in the schedule appended to the plaint were allotted to his share. Item 7 of the plaint schedule is house properly with vacant site. So, appellant, who has a large family requested permission to enjoy backyard of the house for which he ag...
Tag this Judgment!Katika Pilla @ FakruddIn Vs. Ramavath Vallikabai and anr.
Court: Andhra Pradesh
Decided on: Jul-31-2003
Reported in: 2004(2)ALT321
C.Y. Somayajulu, J.1. Plaintiff in O.S.No. 120 of 1983 on the file of the court of the Principal District Munsif, Kadiri is the appellant. He filed the suit for declaration of his title to the property specified in the schedule appended to the plaint (suit property), for delivery of possession thereof and for recovery of arrears of rent and future profits, contending that the suit property, which was an open site measuring Ac.1 1/2 cents in Survey No. 661-4-A belonged to Gundluru Imambee, wife of Rasool Saheb, who sold it to the 1st respondent, who in turn sold it to him for Rs. 1500/- under a registered sale deed dated: 26-2-1971 and put him in possession thereof. After he raised a small hut in the suit property 2nd respondent who is the husband of the 1st Respondent took the suit property on lease at R.20/- per month. After paying rent to him for some time respondents are neither paying rents nor vacating the suit property. Hence, the suit. 1st respondent filed a written statement, w...
Tag this Judgment!B. Rajendra Prasad and anr. Vs. Controller of Examinations, Nagarjuna ...
Court: Andhra Pradesh
Decided on: Jul-30-2003
Reported in: 2004(1)ALD80; 2004(2)ALT196
ORDERV.V.S. Rao, J.Introduction1. All these writ petitions throw up a common question of law of considerable importance insofar as teacher education in general and teacher education offered by Nagarjuna University, Guntur, for the purpose of B.Ed., third Methodology Course in particular, and hence they are being disposed of by a common order. Be it noted, after National Council for Teacher Education Act, 1993 (Central Act No. 73 of 1993) (hereinafter called, NCTE Act), the entire field of teacher education is occupied by Parliamentary Legislation. As per the provisions of the NCTE Act, no educational institution can offer a course in teacher education without prior permission/ recognition of such institution nor any educational institution can offer B.Ed., course with the syllabus or curriculum which is contrary to the one prescribed by National Council for Teacher Education (NCTE). As at present, B.Ed., course consists of theory papers as well as practicals. The practical course is wi...
Tag this Judgment!Andhra Pradesh State Road Transport Corporation and ors. Vs. K.L. Sudh ...
Court: Andhra Pradesh
Decided on: Jul-30-2003
Reported in: 2003(5)ALT458; (2004)ILLJ1005AP
ORDERDevinder Gupta, C.J.1. No doubt normally this Court, in exercise of its writ jurisdiction will not be sitting as an appellate Court over the findings recorded in domestic enquiry and would be reluctant to even interfere with the conclusions. But when the conclusions arrived at, on the face of the record, are perverse or when the punishment is so disproportionate to the charge levelled in the light of the evidence, Court is not powerless in appropriate cases to interfere. Even availability of alternative remedy of raising the industrial dispute cannot be a bar in entertaining writ petition.2. We have gone through the order passed by the learned single Judge. Normally learned single Judge ought not to have exercised discretionary jurisdiction under Article 226 of the Constitution of India. But we ourselves have gone through the proceedings of the Depot Manager dated November 6, 2002 and the depositions of various witnesses recorded. Considering the conduct of the lady passenger, her...
Tag this Judgment!Mehdi HussaIn Khan Vs. Nusrat Hasan
Court: Andhra Pradesh
Decided on: Jul-30-2003
Reported in: AIR2004AP123; 2004(1)ALT569
B. S. A. Swamy, J. 1. The above three appeals are interconnected and between the same parties. As such they are being disposed of by this common judgment. Heard both sides. The plaintiff is the appellant herein. For the sake of clarity, the parties are referred as arrayed in O.S. 616 of 1975.2. The plaintiff filed O.S. 616 of 1975 seeking specific performance of the agreement of re-conveyance (Ex. A-1) dated 21-10-1973. In the plaint he has stated that he is ever ready and willing to pay the consideration for re-conveying the suit schedule property, which was sold to the defendant under registered sale deed dated 21-10-1973 for a consideration of Rs. 20,000/- and was negotiating with one Dr. K. I. Askari elder brother of the defendant but the defendant evaded to receive the payment as such he was constrained to file the suit for specific performance. The defendant in the written statement, while admitting the relationship between Dr. Askari and herself has taken a stand that he has no ...
Tag this Judgment!Md. MuneeruddIn Vs. Administrator-cum-senior Civil Judge and anr.
Court: Andhra Pradesh
Decided on: Jul-30-2003
Reported in: 2003(6)ALT592
ORDERL. Narasimha Reddy, J.1. For the administration of A.S. Peta Mosque and Tomb Estate, Nellore District, a scheme was framed about 85 years back in O.S.No. 50/1913 in the court of Temporary Subordinate Judge, Vellore through decree dated 10-12-1917. The same was approved by the Madras High Court in A.S.No. 200/1917 in its judgment dated 25-4-1918. According to the scheme the administration of Wakf vested in the District Judge, Nellore. As part of the scheme, the petitioner herein, was appointed as trustee on 30-1-1999 for a term of five years.2. The petitioner contends that one day before the Ramjan Festival of that year, the District and Sessions Judge, Nellore, the 2nd respondent herein visited the Wakf on 16-12-2001 and had forced him to submit his resignation. It is also his case that on 18-12-2001 the 2nd respondent placed him under suspension and thereby the letter of resignation submitted by the petitioner was ignored. The 2nd respondent passed an order dated 7-3-2002 dismiss...
Tag this Judgment!Thippareddy Obulamma and ors. Vs. Balu Narasimhulu and ors.
Court: Andhra Pradesh
Decided on: Jul-29-2003
Reported in: AIR2003AP525
ORDERD.S.R. Varma, J. 1. This Civil Revision Petition is directed against the order and decree, dated 20-02-2002, passed by the Senior Civil Judge, Darsi, dismissing the application in I.A.No.55 of 2002 in O.S.No.16 of 2001, filed under Section-151 of the Code of Civil Procedure to permit the petitioners to mark the documents, dated 29-07-1983 and 21-05-1986 as exhibits for collateral purpose to prove the nature of their possession under the said documents after collecting necessary stamp duty and penalty, if any, on those documents. 2. The petitioners are the defendants and the respondents are the plaintiffs. The suit is filed for declaration of title and permanent injunction.3. For the sake of convenience, the parties will be referred to as arrayed in the suit. 4. The whole dispute is between the wife of the illatom son-in-law and two brothers who are the grand children of one late Pitchi Reddy. 5. It appears that late Pitchi Reddy agreed to give the alleged illatom son-in-law by nam...
Tag this Judgment!Suganti Alloy Castings Ltd. (In Liquidation) Vs. Edupupganti Subba Rao
Court: Andhra Pradesh
Decided on: Jul-29-2003
Reported in: [2004]120CompCas453(AP); [2004]50SCL605(AP)
ORDER1. By this application, the Official Liquidator, who is representing the company in liquidation, namely M/s. Suganti Alloy Castings Limited, seeks permission of the Court to bring on record respondent Nos. 5 to 8 herein as legal representatives of respondent No. 4 and accordingly amend the cause title.2. In the application C.A. No. 160 of 1995, which was filed by the Official Liquidator for recovery of a sum of Rs. 17,00,088, it was averred that the ex-Managing Director and other Directors of the company-in-liquidation, became due and liable to pay the above amount for the loss sustained by the company on account of their acts of commission, omission, misfeasance and malfeasance. During the course of enquiry, respondent No. 4 in the said application, died, and after obtaining Family Member Certificate from the Mandal Revenue Officer, he filed the present application for bringing the proposed respondents as legal representatives of the deceased.3. On behalf of the proposed responde...
Tag this Judgment!Gandeay Shravan Kumar Vs. D. Srinivasulu (Died) Per Lrs. and ors.
Court: Andhra Pradesh
Decided on: Jul-29-2003
Reported in: 2004(1)ALD639
ORDERC.Y. Somayajulu, J.1. This is an application to condone the delay of 1297 days in representing the C.M.A.2. The learned Counsel for petitioner gave his affidavit in support of this application, explaining the reasons for the delay.3. When the petition came up for orders, I entertained a doubt as to the maintainability of the petition for condonation of delay of more than thirty days in view of amendment to Section 148 CPC, which reads as follows:'Where any period is fixed or granted by the Court for the doing of any act prescribed or allowed by this Code, the Court may, in its discretion from time to time enlarge such period not exceeding thirty days in total even though the period originally fixed or granted may have expired.'4. Since the matter is of general importance, on my request Sri Challa Sitaramayya, learned Senior Counsel, and Sri V.L.N.G.K. Murthy, Advocate, readily accepted to act as amicus curiae to assist the Court in deciding the question.5. The contention of Sri Ch...
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