Andhra Pradesh Court July 2003 Judgments
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Azizunnisa Begum (Died) by Lrs. Vs. Premlata Gupta and ors.
Court: Andhra Pradesh
Decided on: Jul-17-2003
Reported in: 2003(6)ALD354; 2003(5)ALT811
C.Y. Somayajulu, J.1. This is the appeal by the plaintiffs in O.S. No. 1333 of 1985 on the file of the Court of the IV Additional Judge, City Civil Court, Hyderabad, dismissing their suit for specific performance. The suit was originally filed by the 1st plaintiff against the 1st defendant. After their deaths their legal representatives were brought on record as plaintiffs and defendants. For the sake of convenience the parties would hereinafter be referred to as they are arrayed in the Trial Court.2. The case of the 1st plaintiff is that he, who is the tenant of the plaint schedule property belonging to the 1st defendant, entered into an oral agreement to purchase the same for Rs. 50,000/- and paid an advance of Rs. 10,000/-, the receipt whereof is acknowledged under the receipt dated 24-4-1972 by the 1st defendant. It was formally agreed that the sale transaction should be completed within one year from 24-4-1972, i.e., the date of receipt of Rs. 10,000/-. But, in view of the coming ...
Yarlagadda Satya Rao and anr. Vs. Goli Ganiraju Alias Sathiraju
Court: Andhra Pradesh
Decided on: Jul-17-2003
Reported in: 2003(6)ALT284
P.S. Narayana, J.1. The unsuccessful defendants/appellants are the appellants in the present Second Appeal.2. This Second Appeal is preferred as against the judgment and decree made in A.S.No. 22/97, dated 19-8-1998 on the file of IV Additional District Judge, Kakinada confirming the Judgment and decree made in O.S.No. 134/90 on the file of I Additional Subordinate Judge, Kakinada dt. 21-6-1996. The respondent/plaintiff instituted the suit O.S.No. 134/90 on the file of I Additional Subordinate Judge, Kakinada for recovery of suit amount on the strength of a promissory note dated 17-6-1989 executed by the appellants/defendants in favour of the respondent/plaintiff for Rs. 50,000/-repayable with interest @ 24% per annum together with subsequent interest at contract rate and costs of the suit.3. The parties are referred to as 'plaintiff' and 'defendants' for the purpose of convenience.4. It was pleaded in the plaint that the defendants borrowed a sum of Rs. 50,000/-from the plaintiff on 1...
G.V.N. Bharathan and ors. Vs. Union of India (Uoi), Rep. by Its Cabine ...
Court: Andhra Pradesh
Decided on: Jul-16-2003
Reported in: 2003(5)ALD93; 2003(6)ALT464
ORDERV. Eswaraiah, J. 1. The petitioners, 72 in number, have filed this writ petition to issue a writ of mandamus declaring the action of the Government in not selling the Kaladera Government Colony Houses/quarters to the petitioners on hire purchase system as illegal, arbitrary and unconstitutional and to direct the Government to sell said houses to the petitioners on hire purchase system in terms of G.O.Ms.No.130 Housing, dated 23-12-1974. 2. Sri S. Ramachandra Rao, learned Senior counsel appearing for the petitioners submits that the quarters at Kaladera Government Colony, Hyderabad, were constructed by the A.P. Housing Board, way back in the year 1960 and they were later transferred to the State Government. All the said quarters were constructed by the A.P. Housing Board initially under the rental housing scheme in the same manner as that of those quarters, which were constructed in Yakutpura Colony. The petitioners have been allotted the said houses on rental basis, and some of th...
Kum. J.C. Priyadarshini Vs. the State of A.P. Rep., by the Secretary t ...
Court: Andhra Pradesh
Decided on: Jul-16-2003
Reported in: 2003(5)ALD442
ORDERV.V.S. Rao, J. 1. The petitioner appeared for Engineering, Medical and Agricultural Common Entrance Test, 2000 (EAMCET 2000) and she obtained the rank of 16956.She belongs to Scheduled Caste and her father is an Ex-Serviceman, who was discharged from Indian Air Force in the year 1993. She claimed reservation under both. As per rules, the first phase of counseling was held on 16.9.2000 when she was considered against Ex-Servicemen quota. She alleges that though seats were available in SRKR College, Bhimavaram, which, according to her, is one of the best Colleges, the 3rd respondent rejected her candidature on the ground that she is not a local candidate with reference to Andhra University local area, presumably, for the reason that the petitioner, admittedly, studied from VIII to X Classes at Chennai.The petitioner's father submitted a detailed representation requesting to consider her daughter to be a local candidate of Andhra University local area as she comes within the definiti...
S. Dasarathi Vs. the Divisional Forest Officer and ors.
Court: Andhra Pradesh
Decided on: Jul-16-2003
Reported in: 2003(6)ALD710; 2003(6)ALT586
ORDERL. Narasimha Reddy, J. 1. The petitioner has been granted a licence to deal in sandalwood. He was issued a show cause notice on 26.9.1984 requiring him to show cause as to why the quantity of sandalwood with him should not be confiscated for contravention of Rule 8(2) of the A.P Sandalwood (Possession) Rules (hereinafter referred to as 'the sandalwood Rules') and Rule 7 of the A.P Sandalwood and Red Sanders Transit Rules (hereinafter referred to as 'the Transit Rules'). The purport of the show cause notice was that he has submitted the statements of stock wrongly and suppressing the correct stocks, he has undertaken illicit transport of sandalwood to Calcutta and the truck came to be seized at Tekkali. 2. The petitioner came forward with an explanation to the effect that when the statement of stock was submitted initially, his illiterate labourers have measured the trees and logs in inches and they were treated as centimeters. According to him, the actual stock was eight tonnes an...
Kore Laxmi and ors. Vs. United India Insurance Company Limited and ors ...
Court: Andhra Pradesh
Decided on: Jul-16-2003
Reported in: II(2004)ACC211; 2005ACJ543; 2003(6)ALD182; 2003(6)ALT230
B.S.A. Swamy, J.1. Aggrieved by the order and decree dated 5th December, 2001 in A.A.O. No. 2577 of 1999 passed by a learned Single Judge, the present appeal is filed.2. The only question that arises for consideration in this appeal is whether a driver due to whose negligence the accident has taken place can claim compensation under the provisions of the Motor Vehicles Act or whether he has to approach the Commissioner under Workmen's Compensation Act.'3. The facts of the case are that the appellants in the L.P.A. are the legal heirs of one K. Anand, who died in a road accident while driving a lorry bearing registration No. AP-25-T-1452 while proceeding to Nizamabad to Nagpur at about 6-15 a.m. on 5.2.1995. The specific case of the appellants herein is that the deceased driver was unable to control the lorry, dashed lorry bearing No. ATJ-407 coming from the opposite direction, and as a result of which the deceased received multiple injuries on his body and died in the Government hospit...
Vadlapatla Sivaramakrishna Rao Vs. Sri Venugopalaswamyvari Temple
Court: Andhra Pradesh
Decided on: Jul-16-2003
Reported in: 2003(5)ALD416
1. The defendant in O.S. No. 87 of 1981 on the file of the Court of the Subordinate Judge, Eluru, is the appellant.2. Respondent-Plaintiff filed the suit against the appellant for recovery of Rs. 26,858-80Ps. with interest being the arrears of Maktha due from the appellant for the years 1977-78, 1978-79 and 1979-80. The case of the respondent is that appellant took Ac,16-00 in Survey Nos. 125, 129/2, and 77/4 at Kowali village on lease agreeing to pay 120 bags, of paddy per year on or before 31st January of every year and fell in arrears of rent. In his written statement appellant admitted the tenancy and the Makta agreed to be paid. His contention is that due to unprecedented cyclones and climatic conditions the entire crop in the land taken on lease by him was damaged during 1977-78, 1978-79 and 1979-80 and so he filed petition under the Tenancy Act seeking remission and so the respondent is not entitled to the suit amount. After considering the evidence adduced by the parties the Tr...
A.R. Chowdhary and ors. Vs. Managing Committee of State Bank of India ...
Court: Andhra Pradesh
Decided on: Jul-16-2003
Reported in: 2004(1)ALT528
ORDERD.S.R. Varma, J.1. This writ petition is filed to quash the order dated 28-4-2003 passed by the 3rd respondent - Tribunal in C.T.A.No. 124/2003.2. The brief facts are that the 1st respondent is the society. It had seven members in the Managing Committee. On different dates, some general or the committee meetings could not be convened for various reasons. The reasons would be referred in the course of the judgment. Consequently the members of the society made a representation dated 22-3-2003 to the competent authority. It appears that a report was called for from the Sub-Divisional Co-operative Officer and accordingly he submitted a report. On consideration of the representation of the members of the society and the report of the Sub-Divisional Cooperative Officer, the 2nd respondent having felt that a General Body meeting could not be conducted in accordance with the provisions of the A.P. Co-operative Societies Act, 1964 (for short hereinafter referred to as 'the Act'), appointed...
T. Varalakshmi Vs. Dena Bank and ors.
Court: Andhra Pradesh
Decided on: Jul-15-2003
Reported in: 2003(5)ALD183; 2003(5)ALT350; I(2004)BC395
Dubagunta Subrahmanyam, J. 1. This appeal is filed against judgment and decree dated 11-9-2002 in OS No. 182 of 1996 on the file of the First Additional Senior Civil Judge, Visakhapatnam. The mother of the fourth defendant in the suit filed this appeal after obtaining leave of this Court as per orders dated 25-3-2003 in CMP No. 21782 of 2002. In the course of this judgment parties will be referred to as they are arrayed in the original suit.2. The plaintiff-Bank filed the suit seeking a preliminary decree for a sum of Rs. 4,80,811-42 Ps. with future interest and costs against four defendants on the following averments in the plaint. The first defendant is a proprietary concern. The second defendant is its proprietor. On 5-2-1987 the bank sanctioned a loan of Rs. 25,000/- to second defendant and obtained a pronote from defendants 1 and 2. The third defendant gave guarantee for the discharge of the said debt by defendants 1 and 2. Subsequently loan amount limit was raised to Rs. 50,000/-...
Arjun Pradeepak and anr. Vs. G. Vani
Court: Andhra Pradesh
Decided on: Jul-15-2003
Reported in: 2003(6)ALD350; 2003(5)ALT755
Dubagunta Subrahmanyam, J.1. The defendants in O.S. No. 74 of 1999 on the file of II Additional District Judge, Rangareddy District filed this appeal against judgment and decree dated 19-9-2002. In the course of this judgment the parties will be referred to as they are arrayed in the suit.2. Undisputed facts for the disposal of this appeal are as follows: Plot No. 176 (A-8) admeasuring 1030.00 Sq.yards of 866.93 Sq.mts. in Survey No. 218/1/2 situated at Air Force Officers Co-operative Housing Society Limited, Vayupuri within the limits of Malkajgiri Municipality is the suit property. Air Force Officers Co-operative Housing Society Limited allotted the said plot to Sri C. Satyanarayana, who is the father of second defendant. The first defendant is the son of the second defendant. The said C. Satyanarayana under a registered gift deed dated 11-3-1985 gifted the suit property to his grand-son namely the first defendant. At that time first defendant was a minor. Later the second defendant ...
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