Andhra Pradesh Court July 2003 Judgments
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Gulam Ismail and anr. Vs. Mirza Ibrahim Ali Baig
Court: Andhra Pradesh
Decided on: Jul-14-2003
Reported in: 2003(5)ALD552
P.S. Narayana, J. 1. The relief prayed for in these transfer CMPs is to transfer OS Nos. 490 of 1991 and 61 of 1990 on the file of V Additional Judge, City Civil Court, Hyderabad, to be tried along with OP Nos. 342 and 367 of 1992 pending on the file of the Chief Judge-cum-Special Tribunal under the A.P. Land Grabbing (Prohibition) Act, City Court, Hydreabad in view of Section 7A(3) of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 (hereinafter in short referred to as 'the Act'). The historical background of the cases and several factual details have been narrated in the affidavits filed in support of the transfer CMPs, which may not be necessary to be discussed in detail for the purpose of disposal of these transfer CMPs.2. In fact, in similar matter, one of us (P.S. Narayana, J) had already taken the view in Tr.CMP No. 388 of 2002 that the relief of this nature cannot be granted under Section 24 of the Code of Civil Procedure (hereinafter in short referred to as 'the Code')...
V.D. Solomon Vs. V. Solomon Mary and ors.
Court: Andhra Pradesh
Decided on: Jul-13-2003
Reported in: 2004(1)ALD(Cri)212; 2003(2)ALT(Cri)486; I(2004)DMC1
ORDERCh. S.R.K. Prasad, J. 1. This criminal revision case is directed against the order passed in M.C. No. 25 of 2002 on the file of the Family Court. City Civil Court at Secunderabad, awarding maintenance of Rs. 1,000/- to the wife being the first respondent herein and Rs. 750/- each to the 3rd and 4th respondents and awarding Rs. 750/- towards maintenance from the date of petition up to September, 2002 to the 2nd respondent herein.2. The facts that arise for consideration can be briefly stated as follows : The first respondent herein is the wife of the revision petitioner and their marriage took place on 20.5.1976 as per Christian rites and customs and their marriage was consummated. Respondents 2 to 4 are the children born to them. Respondents have claimed maintenance against their father being the revision petitioner herein at the rate of Rs. 3,000/- per month to each petitioner alleging that the revision petitioner is working as P.C. 7497 and drawing salary of Rs. 8,000/- per mont...
P. Santhakumar Vs. the State of A.P., Rep. by Its Public Prosecutor, H ...
Court: Andhra Pradesh
Decided on: Jul-11-2003
Reported in: 2003(2)ALD(Cri)341; 2003(2)ALT(Cri)552; II(2003)DMC743
ORDERDubagunta Subrahmanyam, J. 1. This revision is filed against judgment dated 02.11.2001 in Criminal Appeal No.175 of 1999 on the file of 1st Additional Sessions Judge, Cuddapah, confirming the conviction and sentence of R.I. for a period of three years and a fine of Rs.1,000=00 for the offence under Section 498-A I.P.C., imposed by the Assistant Sessions Judge, Cuddapah, in S.C.No.112 of 1998 on his file. 2. The deceased - Prameela is the wife of the revision petitioner - accused. Their marriage took place about 12 years prior to the present date of offence. It appears to be a love marriage between accused and the deceased. On 17.5.1997 there was altercation and exchange of words between the deceased and the accused in their residence. It appears that the accused poured kerosene on the deceased. He did not do any further act thereafter. However, even according to the version of the deceased herself she set fire to her after her husband poured kerosene and later died due to burn inj...
A. Venkat Rao Vs. the Depot Manager, Charminar Depot, Apsrtc and ors.
Court: Andhra Pradesh
Decided on: Jul-11-2003
Reported in: 2004(1)ALT68; [2004(101)FLR84]
ORDERV. Eswaraiah, J. 1. The petitioner questions the dismissal order of the 1st respondent in proceedings No.02/104/(53)/85-CR, dated 20-08-1985 as confirmed by the 2nd respondent in his Proceedings No.Steno/27(211)/85/C, dated 05-05-1986 as confirmed by the 3rd respondent by his Award dated 29-06-1989 in I.D.No.439 of 1987 and consequently direct the respondents to reinstatement him with back wages and all consequential benefits from the date of removal. 2. The petitioner was appointed as bus conductor on 31-09-1978 in Ranigunj Bus Depot. Subsequently, he was transferred to Charminar Bus Depot. While the petitioner was on duty on 03-05-1985 in Bus No.AAZ-1691 on route Bus No.8A Express, at stage No.5 Abids at about 13:30 hours, a surprise check was conducted by TTIs of RCS (City Squad, Hyderabad) and detected certain unaccountable cash and irregularities committed by the petitioner while performing his duty. Thereafter he was issued charge memo and directed to submit explanation. In ...
T. Satyanarayana and ors. Vs. A.P. Residential Educational Institution ...
Court: Andhra Pradesh
Decided on: Jul-11-2003
Reported in: 2003(5)ALD137; 2003(4)ALT676
B. Sudershan Reddy, J.1. This batch of writ appeals may be disposed of by a common judgment, since they are directed against the common judgment rendered by a learned Single Judge of this Court in W.P. No. 3762 of 2003 and Batch, dated 29-4-2003. The subject-matter that arises for consideration is one and the same in this batch of writ appeals.2. That the appellants herein have filed the said writ petitions assailing the orders of their transfer to the Andhra Pradesh Tribal Welfare Residential Educational Institutions Society (APTWREIS) from the Andhra Pradesh Residential Educational Institutions Society (APREIS). The learned Judge, dismissed all the writ petitions and accordingly upheld the orders of transfer. Hence these writ appeals by the writ petitioners.3. The facts have been succinctly noticed by the learned Single Judge and we do not propose to re-state them once again except the facts which are relevant for the purpose of disposal of these writ appeals.4. The Government of And...
Kothurthi Krishna Bhaskara Rao Vs. Nadiminti Suryanarayana Murthy and ...
Court: Andhra Pradesh
Decided on: Jul-11-2003
Reported in: AIR2004AP110; 2003(6)ALD23; 2003(5)ALT837
G. Bikshapathy, J .1. The L.P.A. is directed against the judgment and decree of the learned Single Judge in A.S. No. 2061 of 1989 reversing the judgment and decree of the learned Subordinate Judge, Amalapuram in O.S. No. 50 of 1983, dated 13.9.1989.2. Plaintiff is the appellant. He filed a suit in O.S. No. 50 of 1983 for specific performance of agreement of sale dated 18.1.1983 or in the alternative for recovery of the amount paid as advance and for damages.3. The averments in the plaint are as follows:Defendants No. 1 to 5 agreed to sell the plaint schedule house to the plaintiff for a consideration of Rs. 46,000/-. Accordingly, an agreement of sale dated 18.1.1983 Ex.A-1 was executed by Defendants No. 1 to 5 and a sum of Rs. 1,000/- was paid and the balance sum of Rs. 45,000/- was agreed to be paid within six months and the registered Sale Deed was to be executed in favour of the plaintiff. Even though the plaintiff was ready and willing to perform his part of obligation, defendants ...
Sri Venkateswara Boatsmen Labour Contract Co-op. Society Ltd. Vs. Dist ...
Court: Andhra Pradesh
Decided on: Jul-11-2003
Reported in: AIR2003AP471; 2004(4)ALD392; 2003(6)ALT517
ORDERL. Narasimha Reddy, J.1. The petitioner is a Boatsmen Labour Contract Co-operative Society, having been registered under the A. P. Co-operative Societies Act. The District Level Committee on Sand Auctions, Guntur, the 2nd respondent herein had proposed to auction the leasehold rights for lifting of sand in sand bearing areas between KM 59.0 and KM 72.0 of the right flood bank of River Krishna for the period from 20-6-2001 to 19-6-2003. The petitioner participated in the auction and emerged as the highest bidder for a sum of Rs. 26,10,000/- for 1st year and Rs. 28,71,000/- for 2nd year. Lease Deed to that effect was also executed on 20-6-2001.2. Placing reliance on Sub-rule (3) of Rule 9-B of the Andhra Pradesh Minor Mineral Concession Rules, 1966, as amended in G. O. Ms. No. 1 Industries and Commerce Department dated 1-1-2001, the petitioner claimed 10% concession in the lease amount. When the respondent did not extend the benefit, he has filed the present writ petition.3. In the ...
Depot Manager, Apsrtc Vs. Poreddy Sujatha and ors.
Court: Andhra Pradesh
Decided on: Jul-11-2003
Reported in: 2003(5)ALD586
C.Y. Somayajulu, J.1. Respondents 1 to 4, who are the widow, children and mother (hereinafter referred to as 'claimants') of Poreddi Janaki Reddy (hereinafter referred to as 'deceased'), filed O.P. No. 716 of 1990 before the Motor Accident Claims Tribunal-cum-District Judge, Nalgonda seeking compensation of Rs. 2,00,000/-, alleging that on 11.6.1990 at about 1.00 p.m., while the deceased was boarding the bus bearing No. AHM 1879 belonging to the fifth respondent, insured with sixth respondent and taken on hire by the appellant, he was thrown out of the footboard due to the driver negligently starting the bus and was crushed to death by the rear wheels of the bus. The O.P. against the fifth respondent was dismissed by the Tribunal for non-payment of the process. Sixth respondent, who is the insurer of the bus that caused the accident, filed its counter statement putting the claimants to proof of the allegations in the petition. Appellant filed its counter putting the claimants to proof ...
Marina Venkataswami @ Musalayya Vs. Marina Rama Murthy
Court: Andhra Pradesh
Decided on: Jul-11-2003
Reported in: 2003(6)ALT367
C.Y. Somayajulu, J.1. The plaintiff in O.S.No. 265/1980 on the file of the Principal District Munsif, Ramachandrapuram is the appellant in this Second Appeal.2. Plaintiff filed the suit for a declaration that he is the owner of the red marked portion shown in the plaint plan and for mandatory injunction for removal of the obstruction made in the D marked portion and P marked portion shown in the plaint plan on the Eastern lane and to restrain the respondent from opening a door way from the portions shown as D-1 or D-2 in the plaint plan into the Eastern lane. Subsequently he sought the additional relief of a mandatory injunction to remove the Lavatory and bathroom constructed by the respondent in the lane, connecting the Marinavari Street and Chilikivari Street shown as S-1 and S-2 in the plaint plan. The respondent contested the suit. The appellant besides examining himself as P.W.I examined two witnesses as P.Ws.2 and 3. The respondent besides examining himself as D.W.1 examined two ...
Sri K.V.S. Raju Vs. the Flag Officer Commanding-in-chief, Head Quarter ...
Court: Andhra Pradesh
Decided on: Jul-10-2003
Reported in: 2003(5)ALD233
ORDERV.V.S. Rao, J. 1. The petitioner is Proprietor of M/s. Sri Raja Taxi Service, Visakhapatnam. He owns thirty-two cars and also sub-contract arrangement with others for supply of cars to run them as cabs. By reason of this, he claims to have a fleet of one hundred and twenty cars. He also asserts that for the last twenty years he has been supplying cars to organisations like Oil and Natural Gas Commission, Gas Authority of India Limited, National Aluminum Company Limited, Hindustan Aeronautical Limited, Bharat Heavy Electricals Limited etc. Pursuant to a tender notification dt.8.11.2002 published by first respondent inviting applications from taxi owners for concluding rate contract for hiring different vehicles for civil transport at Visakhapatnam for the period from 1.4.2003 to 31.3.2004, the petitioner submitted an application requesting for tender schedules. After conducting preliminary verification/inspection of the petitioner's business premises, the respondents gave an applic...
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