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Andhra Pradesh Court July 2003 Judgments

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Jul 07 2003

V. Padmavattamma Vs. Pala Rathnam

Court: Andhra Pradesh

Decided on: Jul-07-2003

Reported in: 2003(6)ALD84

ORDERT.Ch. Surya Rao, J.1. This revision is directed against the order dated 9-6-1997 passed by the learned Subordinate Judge, Nellore in C.M.A. No. 12 of 1991. The revision petitioner is the landlady. She filed the petition seeking eviction of the tenant respondent in R.C.C. No. 44 of 1988 on the file of the Rent Controller-cum-Principal District Munsif, Nellore.2. The facts lie in a narrow compass. The vacant site on which the premises in question has been erected belongs to Chedella Venkataramanaiah Chetty Santhathi Charity situated at Nawabpet, Nellore Town. It is known as Cheedellavari Sathram, Nellore. One Badelu Jogi Reddy son of Seshu Reddy took the site for ground rent in or about the year 1960 from the said choultry authorities. He reclaimed the said site and constructed the house of about six ankanams and used to reside therein. He sold away the said house to the petitioner on 17-8-1980 for a consideration of Rs. 3,000/-and delivered the same to her. The said fact was intima...


Jul 07 2003

Enugu Thirupathi Reddy Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Decided on: Jul-07-2003

Reported in: 2003(2)ALD(Cri)416; II(2004)DMC195

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 sole appellant against the sole respondent, 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 2, infra.2. Judgment, dated 14.3.1997, of the Court of the II Addl. Sessions Judge, Karimnagar (Trial Court), made in S.C. No. 353/96, of its file.3. Perused the material papers of the record.4. Arguments were heard of the learned Counsel for the sole appellant, and the learned Addl. Public Prosecutor for the sole respondent-State.5. The sole appellant In this Criminal Appeal corresponds to the sole accused in the said S.C. No. 353/96 of the file of the said Trial Court. The sole respondent herein corresponds to the sole complainant in the said Sessions Case, being the State of A.P. represented by the Assistant Superintendent of Police, Peddapalli.6. The...


Jul 04 2003

A. Krishna Reddy Vs. Government of A.P. and ors.

Court: Andhra Pradesh

Decided on: Jul-04-2003

Reported in: AIR2003AP422; 2003(4)ALD728; 2003(6)ALT287

ORDERL. Narasimha Reddy, J.1. The petitioner is a Civil Contractor. In accordance with the parameters prescribed by the Government of Andhra Pradesh, he was categorised as Special Class Contractor and was registered as such with the Irrigation and Command Area Development Department. He claims to have executed several works in the States of Andhra Pradesh and Karnataka as well in the Ministry of Railways, Government of India.2. The Superintending Engineer, Irrigation Circle, Nellore, the 4th respondent herein, had invited tenders for execution of the work of Cement Concrete Lining to Kanupur Main Canal from 0.000 KMs to 7.200 KMs in Nellore District. The petitioner filed his tender for the work. The tenders were opened on 9-9-2002. The bid of the petitioner was at 9.7% below the estimated value of the work. Inasmuch the value of the work exceeded Rs. 1-00 crore; the 4th respondent submitted the matter for approval by the Commissionerate of Tenders, Hyderabad, the 2nd respondent herein....


Jul 04 2003

Lambadi Pedda Bhadru and ors. Vs. Mohd. Ali HussaIn and ors.

Court: Andhra Pradesh

Decided on: Jul-04-2003

Reported in: 2003(4)ALD673; 2003(4)ALT611

B. Sudershan Reddy, J. 1. These writ appeals may be disposed of by a common judgment since they are directed against the judgment dated 9-12-1997 rendered by a learned Single Judge of this Court in W.P. Nos. 17020 of 1994 and 1461 of 1995 separately, whereunder the very proceedings of the Joint Collector, Medak District at Sanga Reddy dated 22-6-1994 were quashed at the instance of different parties. Introduction: 2. Shorn of all the avoidable details the simple question that falls for consideration in this batch of writ appeals relates to the validity of the order passed by the Joint Collector, Additional District Magistrate, Medak District at Sanga Reddy dated 22-6-1994 whereunder directions have been issued to the Mandal Revenue Officer, Patancheru 'to re-write the records and maintain records as was prevailing prior to making entries in favour of the decree holders in O.S.No. 3 of 1970'. 3. The learned Single Judge allowed the writ petitions filed by the respondents-writ petitioner...


Jul 04 2003

Land Acquisition Officer Vs. Gonur Venkatswamy and anr.

Court: Andhra Pradesh

Decided on: Jul-04-2003

Reported in: 2003(4)ALD709; 2003(4)ALT563

C.V. Ramulu, J 1. The Land Acquisition Officer and the Special Collector, Gadwal is in appeal before us in all these appeals, which arise out of a Common Award dated 29-4-1999 made in O.P. No. 261 of 1995 and batch on the file of the Senior Civil Judge's Court, Wanaparthy. Hence, all these appeals are being disposed of by this common Judgment.2. An extent of Ac.42.00 of land under various survey numbers of Srinivasapuram village, Wanaparthy Mandal of Mahabubnagar District was acquired for the purpose of building housing colony by the A.P. Housing Board. The notification under Section 4(1) of the Land Acquisition Act, 1894 (for short 'the Act') was published on 24-4-1986. The award was passed under Section 11 of the Act by the Land Acquisition Officer in Award No. 5/88, dated 29-6-1988 in File No. E/2558/87 and fixed the market value of the acquired land at Rs. 10,000/-per acre. Dissatisfied with the market value fixed by the Land Acquisition Officer, the claimants sought for reference ...


Jul 04 2003

Andhra Pradesh Paper Mills Limited and anr. Vs. Ch. Seetharamaiah and ...

Court: Andhra Pradesh

Decided on: Jul-04-2003

Reported in: 2003(4)ALD693; 2003(4)ALT529; (2004)ILLJ22AP

B. Sudershan Reddy, J. 1. Respondents 1 and 2 in Writ Petition No. 16860 of 1998 are the appellants in this writ appeal. This appeal is directed against the order dated 5-9-2001 in Writ Petition No. 16860 of 1998 passed by the learned Single Judge of this Court whereunder the learned Single Judge quashed order No. CPD/ESTT/97 dated 30-9-1997 accepting the resignation of the 1st respondent-writ petitioner and the order dated 15-10-1997 terminating the services of the respondent-writ petitioner as General Manager (Finance). 2. The facts leading to the filing of the writ petition have been noticed in detail by the learned Single Judge. It is not necessary to restate ail the facts in detail for the purposes of disposal of this writ appeal. However, we shall notice briefly, the relevant facts in order to appreciate the questions that arise for our consideration. 3. The respondent-writ petitioner at the relevant point of time was serving as Vice-President (Finance) in the establishment of th...


Jul 04 2003

C.V.S. Krishna Murthy Teja Charities Vs. All India Council for Technic ...

Court: Andhra Pradesh

Decided on: Jul-04-2003

Reported in: 2003(5)ALD97; 2003(4)ALT775

1. All these writ petitions are being dealt with under a common order since issue requires to be adjudicated in all the writ petitions is similar.2. As factual position being undisputed, a brief reference thereto would suffice:The All India Council for Technical Education, New Delhi (for short 'AICTE') issued a notification for consideration for applications for establishment of new technical institutions for the academic year 2003-2004. The said notification was published in the newspapers on 18-8-2002. As per the said notification the last date for submission of completed application forms was 30-9-2002. All such applications were required to be verified at concerned regional office on or before 15-11-2002 from the original documents along with certified English version in case of documents in regional languages. All the applicants had to enclose No Objection Certificate (NOC) from the concerned State Government for establishment of the technical institute for the academic year 2003-...


Jul 04 2003

Nehra Chits (P) Ltd. Vs. B. Ramachandra Reddy and ors.

Court: Andhra Pradesh

Decided on: Jul-04-2003

Reported in: AIR2003AP486; 2004(1)ALT493; III(2004)BC145

ORDERC.V. Ramulu, J.1. This Civil Revision Petition is directed against an Order elated 6-9-2001 passed in I.A. No. 1174 of 1999 in O.S. No. 34 of 1999 on the file of the Court of Principal Senior Civil Judge at Warangal. 2. The said application filed under Order XXII, Rule 9 of the Code of Civil Procedure to set aside the abatement of the suit against the 1st defendant was dismissed as barred by limitation along with I.A. No. 38 of 2000, which was filed for impleading the legal representatives of the deceased 1st defendant. The petitioner herein-Nethra Chits (P) Limited is the plaintiff and applicant in the above suit and interlocutory Applications respectively. He laid the suit for recovery of certain money against defendants 1 to 4. The notice sent to the 1st defendant-B. Ramachandra Reddy was returned unserved on 26-3-1999 with an endorsement that the party died. However, appearance was filed on behalf of defendants 2 to 4 and the case was posted for taking steps for adding legal r...


Jul 04 2003

Avon Organics Ltd. Vs. Poineer Products Ltd. and ors.

Court: Andhra Pradesh

Decided on: Jul-04-2003

Reported in: 2003(2)ALD(Cri)219; [2004]119CompCas18(AP)

Ch.S.R.K. Prasad, J.1. This criminal appeal is directed against the judgment in C. C. No. 858 of 1997 rendered by the 15th Metropolitan Magistrate, Hyderabad, in acquitting the accused for the offence under Section 138 read with Sections 141 and 142 of the Negotiable Instruments Act, 1881 (for short the 'Act').2. The facts that arise for consideration can be briefly stated as follows : The accused issued a blank cheque without mentioning the date and the amount to the appellant herein and sent it along with a letter dated August 7, 1997, stating that it could be presented after one month for payment, if he failed to pay the amount prior to September 7, 1997. He also requested fifteen days time on August 22, 1997. Thereafter, the cheque was presented after filling up the blanks found at the amount portion and the date and it was presented through the ICICI Banking Corporation after putting the amount as Rs. 11,19,206 and date as September 22, 1997. As can be seen from exhibit P8, it was...


Jul 04 2003

V.V. Ramana Murthy and Others Vs. Sri Sai Krishna Constructions

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jul-04-2003

P. Ramakrishnam Raju, President: 1. The complainants are owners of flats in Ram Kalyan Apartments, New Mirjalguda, Malkajgiri, R.R. District. The opposite party entered into development agreement with one Y. Bhaskar Rao, owner of the premises bearing No. 15-144 for construction of residential flats. Though the opposite party offered to construct the flats as per the specifications to the complainants individually and delivered possession of the flats but they found that the construction was not in accordance with the specifications given. Apart from several deficiencies in the flat sold the opposite party made deviations from the sanctioned plan and also made constructions in the common areas. The following are the deficiencies pointed out in the complaint. (1) Unauthorisedly constructed additional floor and a pent house on the upper floor without the valid sanction and thereby diminishing quality of the common amenities. (2) Unauthorisedly constructed shops on the stilt floor godown i...


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