Andhra Pradesh Court July 2003 Judgments
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V. Saidulu and anr. Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Jul-22-2003
Reported in: 2003(5)ALD270; 2003(5)ALT567
B. Seshasayana Reddy, J. 1. This writ petition is directed against the order dated 30-3-2001 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad in O.A.No. 5409 of 2000.2. The facts of the case in brief giving rise to filing of this writ petition by V. Saidulu and G. V. Krishna Murthy are as follows:(a) Petitioner No. 1 V. Saidulu was appointed as Junior Assistant in the office of Director of Accounts, Nagarjuna Sagar Project (Accounts), Hill Colony, Nagarjunasagar on 26-10-1968 and he was promoted as Senior Assistant on 16-11-1975. Petitioner No. 2 G.V.Krishna Murthy was appointed as Junior Assistant on 28-4-1969 in the office of Director of Accounts, Nagarjuna Sagar Project (Accounts), Hill Colony, Nagarjunasagar and was promoted as Senior Assistant on 5-7-1977. R-4 K. Prabhakar Reddy was appointed as Junior Assistant on 4-2-1972 in the office of Director of Accounts,. Nagarjuna Sagar Project (Accounts), Hill Colony, Nagarjunasagar and promoted as Senior Assistant on 22-4...
P. Shivaji Reddy Vs. Commissioner of Prohibition and Excise and ors.
Court: Andhra Pradesh
Decided on: Jul-22-2003
Reported in: 2003(5)ALD787
ORDERL. Narasimha Reddy, J. 1. The petitioner was granted IL-24 licence under the provisions of A.P. Excise Act (for short 'Act') and the Rules made thereunder. He challenges the order dated 28.3.2003 passed by the first respondent, whereunder, he had set aside the order of the third respondent cancelling a similar licence granted to the fourth respondent.2. The dispute between the petitioner and the fourth respondent constituted the subject-matter of several proceedings.3. The fourth respondent established a retail IL - 24 liquor shop in the same village where the shop of the petitioner exists. The fourth respondent was issued a show-cause notice dated 8.9.2001 by the third respondent, alleging that he has resorted to selling the liquor in retail, contrary to the conditions of licence. The fourth respondent preferred a revision under Section 64 of the Act to the Government against the show-cause notice and obtained interim orders therein. The petitioner, being a rival trader, got hims...
G. Subba Rao Vs. Food Corporation of India and ors.
Court: Andhra Pradesh
Decided on: Jul-22-2003
Reported in: AIR2004AP16; 2003(5)ALD751; [2004]51SCL370(AP)
ORDERL. Narasimha Reddy, J.1. The Food Corporation of India, the first respondent herein has filed O.S. No. 1624 of 1985 in the Court of the Senior Civil Judge, City Civil Court, Hyderabad against the petitioner herein for recovery of an amount of Rs. 1,25,624-72/-with interest at 18% per annum. The suit was decreed on 27-6-1991. No appeal was filed against the decree and it became final. The first respondent filed E.P. No. 45 of 2001 in the Court of the Senior Civil Judge, Bhongir for execution of the decree.2. To protect himself, the petitioner filed an I.P. under the Provincial Insolvency Act, 1920 (for short 'the Act') to declare him as insolvent in the executing Court. The first respondent herein is arrayed as the sole respondent in the I.P.3. Through orders dated 15-4-2003, the Court below had returned the IP. on the ground that it was not maintainable in view of Section 8 of the Act. The said order is challenged in this revision petition under Article 227 of the Constitution of ...
Bharat Scarp Vs. Haryana and Steel Centre and ors.
Court: Andhra Pradesh
Decided on: Jul-22-2003
Reported in: 2003(6)ALD94; 2003(5)ALT451; [2004]49SCL603(AP)
P.S. Narayana, J.1. The unsuccessful 1st respondent in C.A. No. 1035/2002 in C.A. No. 886/2002 in C.P. No. 14/87, aggrieved by the order dated 13-6-2003 made by the Company Court disposing of the Company Application with certain directions, had preferred the present Original Suit Appeal under Clause 15 of the Letters Patent read with Section 483 of the Companies Act, 1956, hereinafter referred to as 'Act' in short.2. The 1st respondent in the present Appeal filed C.A.No. 1035/2002 in C.P. No. 14/87 in the matter of M/s. Krishi Engines Limited (in liquidation) praying for setting aside of the order dated 9-12-2002 passed in C.A. No. 886/2002 in C.P. No. 14/ 87 and for such other suitable orders. The Company Court by the order dated 13-6-2003 had disposed of the said application and the operative portion of the said order reads as hereunder:'In view of the fact that the Company was ordered to be wound-up in 1999 and the value of the property put in auction will be diminished due to natur...
T. Sivachandradu Vs. Election Tribunal-cum-principal Junior Civil Judg ...
Court: Andhra Pradesh
Decided on: Jul-22-2003
Reported in: 2003(5)ALD384; 2003(5)ALT587
ORDERL. Narasimha Reddy, J. 1. Elections to the office of the Sarpanch of Mandlem Grampanchayat, Jupadu Mandal of Kurnool District were held on 14-8-2001. The petitioner and the second respondent contested to the office of the Panchayat and counting was undertaken on the same day. In the counting, it emerged that the second respondent was declared to have been elected with a majority of 16 votes. Thereupon, the petitioner filed an application for recounting. The same was undertaken in accordance with the rules framed under the A.P. Panchayat Raj Act, 1994 (for short 'the Act'). In the recounting, the writ petitioner secured 1221 votes and the second respondent secured 1219 votes. Therefore, the writ petitioner was declared elected with a majority of two votes.2. Challenging the election of the writ petitioner, the second respondent filed Election O.P. No. 5 of 2001 before the Election Tribunal-cum-Principal Junior Civil Judge's Court, Nandikotkur. Several allegations as to the irregula...
Haryana and Steel Centre Vs. Lakshmi Parcelains Ltd.
Court: Andhra Pradesh
Decided on: Jul-22-2003
Reported in: 2003(5)ALT665; [2004]50SCL669(AP)
1. These Appeals are preferred as against the orders made in C.A. No. 379/2003 in R.C.C. No. 6/93 and C.A. No. 364/2003 in R.C.C. No. 4/97 dated 2-5-2003, under Clause 15 of the Letters Patent r/w Section 483 of Companies Act, 1956, hereinafter referred to as 'Act' in short.2. These Original Suit Appeals are filed as against a Common Order. In view of the fact that the common questions are involved in these two Appeals and since they arise out of a common Order, they are being disposed of by a Common Judgment.3. The appellant in O.S.A. No. 14/2003 filed C.A. No. 379/2003 in C.A. No. 273/2000 in R.C.C. No. 6/93 in the matter of M/s. Lakshmi Porcelains Limited (in liquidation) praying to recall and set aside the order dated 3-4-2003 made in C.A. No. 273/2000 in R.C.C. No. 6/93 and pass such other suitable orders. By an order dated 2-9-1998 in R.C.C. No. 6/93 the Company Court had directed the winding up of M/s. Lakshmi Porcelains Limited and appointed Official Liquidator as Liquidator un...
Koppara Krishna Rao and ors. Vs. Voppangi Jagannadha Das and anr.
Court: Andhra Pradesh
Decided on: Jul-22-2003
Reported in: 2003(6)ALT758
C.Y. Somayajulu, J.1. Defendants 2 and 5 who are the son and daughter of K. Suryanarayana, the 1st defendant in O.S.No. 30 of 1981 on the file of the Code of the District Munsif, Palakonda, Srikakulam District and the widow of the said K. Suryanarayana are the appellants in this Second Appeal.2. Respondents filed the said suit against Suryanarayana, appellants 1 and 2 others for an injunction restraining them from interfering with Ac. 1.42 cets of wet land situated in Kopparavalasa, Palakonda Taluk specified in the plaint schedule, hereinafter referred to as the suit land, alleging that V. Ramamurthy father of the first respondent and husband of the second respondent, purchased it from the appellants under an agreement of sale dated 14-3-1973 and was put in possession thereof, and that as per the terms of the agreement he discharged the debts undertaken to be discharged by him under the said agreement and after the death of Ramamurthy appellants with the help of their henchmen are tryi...
G. Pavana Murthy Vs. Vice-chancellor, Osmania University and ors.
Court: Andhra Pradesh
Decided on: Jul-21-2003
Reported in: 2003(5)ALD801; 2003(6)ALT812
ORDERGhulam Mohammed, J.1. This writ petition is filed for a writ of mandamus to stay the finalization list of Centralized admission to L.L.M. Course in Osmaina University College for the academic year of 2003-2004 as the rank holders of 122 and above were allotted seats denying her legitimate right due to non-production of T.C against the women SC quota which is arbitrary and illegal.2. It is the case of the petitioner that he appeared for the LL.M entrance exam for the year 2003-2004 and got the rank against the Hall Ticket No. 9030263 conducted by the Osmania University, Hyderabad, The counselling was fixed on 13.7.2003 between 8.30 to 11.00 a.m. for the rank holders 1 to 250 and the petitioner attended counselling on 13.7.2003, but the committee setting and verifying the documents refused to allow him to allot the seats as per merit list due to non-submission of transfer certificate. It is case of the petitioner that he could not produce the transfer certificate of LL.B. course fro...
N. Kumara Swamy Vs. A. Indraseva (Died) by Lrs. and ors.
Court: Andhra Pradesh
Decided on: Jul-21-2003
Reported in: 2003(5)ALD842; 2004(1)ALT558
ORDERT. Ch. Surya Rao, J.1. These revision petitions are directed against the common judgment dated 21.12.1999 passed by the learned Chief Judge, City Small Causes Court, Hyderabad in R.A. Nos. 353 and 367 of 1996.2. The 1st respondent in both the appeals filed the eviction petition in R.C. No. 817 of 1990 against the appellants and another on the ground of willful default said to have been committed by the tenants preceding to the date of filing of the eviction petition and also subsequent thereto during the pendency of the proceedings. The eviction was also sought on the grounds of acts of waste and bona fide personal requirement.3. The learned Rent Controller by his order dated 15-10-1996 in R.C. No. 817 of 1990 directed eviction of the tenants only on the ground that they committed willful default, while negativing the other two grounds viz. acts of waste and bona fide personal requirement. As aforesaid, two appeals have been filed by two of the tenants individually in R.A. Nos. 35...
Chandana Veeranjaneyulu and ors. Vs. Chandana Panduranganayakamma and ...
Court: Andhra Pradesh
Decided on: Jul-21-2003
Reported in: 2003(6)ALD422; 2003(5)ALT505
ORDERB. Seshasayana Reddu, J.1. This Civil Miscellaneous Appeal is directed against the order dated 16-12-1997 passed in I.A. No. 630 of 1997 in O.S. No. 76 of 1997 on the file of Senior Civil Judge, Machilipatnam, whereby the learned Senior Civil Judge allowed the application of the plaintiffs filed under Order 40 Rule 1 read with Section 151 CPC partly and directed the defendants to pay Rs. 3,000/- per annum etc.2. The appellants herein are the plaintiffs in O.S.76/97. They fifed the suit for partition and separate possession of their shares in the suit schedule properties. They also moved I.A.630/97 under Order 40 Rule 1 read with Section 151 CPC to appoint a receiver to take possession of A, and B schedule lands and C schedule tractor. It is the case of the appellants/ plaintiffs that 1st and 2nd plaintiffs are the children of 3rd plaintiff who is wife of Satyanarayana and that the plaint A schedule property belonged to late Satyanarayana. It is also the case of the plaintiff that ...
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