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Andhra Pradesh Court September 2003 Judgments

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Sep 23 2003

The New India Assurance Co. Ltd., Rep. by Its Branch Manager Vs. Lodya ...

Court: Andhra Pradesh

Decided on: Sep-23-2003

Reported in: 2004(3)ALD400; [2004(102)FLR8]

C.Y. Somayajulu, J. 1. Since all these appeals arise out of the orders in the claims made before the Commissioner under the Workmen Compensation Act (the Act), arising out of the same accident, they are being disposed of by this common judgment. Appellant and second respondent in all these appeals are the same. First respondents in these appeals are the petitioners-claimants in the petitions before the Commissioner.2.CMA No.2149 of 2001 arises out of W.C.No.136 of 1999, which is a claim made by the driver, and CMA No.2150 of 2001 arises out of W.C.No.137 of 1999, which is a claim made by the cleaner of the lorry bearing No.AP-25-T-4785 belonging to the second respondent. The other CMAs arise out of the claims made by the persons, who were traveling as employees of the second respondent in the said lorry AP-25-T-4785 at the time of the accident.3.The case, in brief, of the first respondents in their claim petitions is that on 08.08.1998 when they were proceeding in the lorry bearing No....


Sep 23 2003

Chitturi Valli Kamala Lakshmi Ramya Vs. Devaki Phani Kumar and ors.

Court: Andhra Pradesh

Decided on: Sep-23-2003

Reported in: 2004(1)ALT30

C.Y. Somayajulu, J.1. Minor petitioner-plaintiff in I.A. No. 1780 of 2002 in O.S. No. 427 of 2002 on the file of the court of Principal Senior Civil Judge, Kakinada, is the appellant. The suit was filed by the maternal grand father of the plaintiff as her guardian inter alia for a declaration that minor plaintiff is the absolute owner and possessor of the property specified in the schedule appended to the plaint which hereinafter would be referred to as 'suit property' and for a consequential injunction restraining the first respondent-first defendant from bringing it to sale in E.P. No. 132 of 2002 in O.S. No. 262 of 1999 on the file of the Court of II Additional Senior Civil Judge, Kakinada, or in any other proceeding relating to O.S. No. 262 of 1999, alleging that the mother of the minor plaintiff gifted the suit property to her under a registered gift deed dated 3-11-1999 and that the same was accepted on her behalf by her maternal grand father, who has been acting as her guardian ...


Sep 23 2003

Malamma W/O. Late Balaram Vs. Permanand

Court: Andhra Pradesh

Decided on: Sep-23-2003

Reported in: 2004(1)ALT537

C.Y. Somayajulu, J.1. Defendant in O.S.No. 1212 of 1978 on the file of the court of the IX Assistant Judge, City Civil Court, Hyderabad, is the appellant in this second appeal. For the sake of convenience, the parties would hereinafter be referred to as they are arrayed in the trial court.2. The suit is filed for specific performance of Ex.A-1 agreement of sale, executed by the defendant in favour of the plaintiff in respect of the property specified in the schedule appended to the plaint, which would hereinafter be referred to as the 'suit property'. The case of the plaintiff is that the defendant let out the suit property to him on a monthly rent of Rs. 150/-, and subsequently, the defendant had on 2-8-1977 agreed to sell the same to him for Rs. 10,000/- and received Rs. 7,000/- from him on that day and executed Ex.A-1 agreement in his favour, as per the terms of which he has to pay the balance amount of Rs. 3,000/- at the time of registration of the sale deed, and can continue in po...


Sep 22 2003

Saptagiri Financiers (In Prov. Liqn.) Vs. Sri Sreenivasulu and ors.

Court: Andhra Pradesh

Decided on: Sep-22-2003

Reported in: 2003(6)ALD58; [2004]50SCL164(AP)

ORDERN.V. Ramana, J. 1. The applicant, namely Official Liquidator, representing the Company in Liquidation (M/s. The Saptagiri Financiers), has filed this application under Sections 446(2) and 583 of the Companies Act, 1956 read with Rules 9 and 11(b) of the Companies (Court) Rules, 1959 praying for a direction to the respondents to jointly and severally pay to the applicant a sum of Rs. 14,55,750/-along with interest thereon at the rate of 18% per annum from 29-3-1997 till the date of realization.2. This Court, by order dated 26-11-1999, passed in C.P. No. 11 of 1999, ordered winding up of the applicant-company. It is stated in the affidavit filed in support of the application, that as per the information available from the files of the company in liquidation, late Sri. S. Narasimhulu Chetty and Sri. S. Nanda Gopal Chetty and their children, who are the respondents herein, have obtained a loan of Rs. 9,00,000/-from the applicant by executing a Mortgage Deed, scribed in Telugu, for exp...


Sep 22 2003

Sanghi Spinners (i) Ltd. Vs. Ahmedabad Electricity Co. Ltd.

Court: Andhra Pradesh

Decided on: Sep-22-2003

Reported in: 2003(6)ALD666

ORDER1. The respondent in C.P. No. 120 of 2002, namely M/s. Sanghi Spinners (India) Limited, has filed this application under Section 557 of the Companies Act, 1956 (for short 'the Companies Act') read with Rules 9 and 11(b) of the Companies (Court) Rules, 1959 (for short 'the Companies Rules') praying this Court to appoint an Advocate as Chairman to call for the Meetings of the Creditors and Contributories of the applicant to ascertain their wishes along with the value of debt owed by the applicant to them and to submit a report.2. On the ground that the applicant herein failed to discharge their debt which arose, out of a contract, the respondent herein, namely M/s. Ahmedabad Electricity Company Limited, filed C.P. No. 120 of 2003 before this Court praying for winding up of the applicant. The applicant contested the matter and also let in evidence, and while the matter is at the juncture of arguments, the present application was moved. For the sake of convenience, the parties shall b...


Sep 22 2003

Rajasthan Drugs and Pharmaceuticals Limited Vs. Government of Andhra P ...

Court: Andhra Pradesh

Decided on: Sep-22-2003

Reported in: 2004(1)ALD436; 2003(6)ALT434

ORDERD.S.R. Verma, J.1. In all the three writ petitions, since the issue to be decided is common, though matters are listed under the caption 'Interlocutory', with the consent of both the parties, the writ petitions are being disposed of by this common order.2. The petitioners in all the three writ petitions seek the following relief:'To issue a writ or order or direction more particularly one in the nature of the writ of mandamus declaring the condition No. 2 (i) of G.O. Ms. No. 101 Health Medical and Family Welfare (MI) Department, dated 19.4.2003, of the 1st respondent, thereby resolving to procure Antibiotic Drugs from such Public Sector Undertakings, Multinational Companies and Small Scale Industries which possess Good Manufacturing Practices Certification of World Health Organization for each of the products they manufacture and the consequential Tender Notification in Tender Notice No. 3/ HMHIDC/Drugs-Wing/2003-4, dated 22.4.2003, published in Daily News Paper viz., Deccan Chron...


Sep 22 2003

Janab Mohammed Ayub Vs. Janab Mehaboob Shariff and anr.

Court: Andhra Pradesh

Decided on: Sep-22-2003

Reported in: 2004(1)ALD413; 2004(1)ALT648

B. Prakash Rao, J.1. The plaintiff is the appellant herein, who seeks to assail the judgment and decree dated 3.12.1991 passed in A.S. No. 108 of 1988 on the file of the in Additional District Judge, Visakhapatnam in allowing the appeal of the respondents-defendants as against the judgment and decree dated 24.3.1988 passed in O.S.No.485 of 1985 on the file of the IV Additional District Munsif, Visakhapatnam. In the suit, the plaintiff-appellant sought for declaration that he is the absolute owner of the area shown in stripes in the plaint plan measuring 50 sq.yds., and for consequential perpetual injunction restraining the defendants their men from interfering with the possession and enjoyment of the suit schedule property and further for mandatory injunction directing the defendants to remove all the escalated earth debris and building materials dumped by them on the sight. The case of the plaintiff in brief is that he is a purchaser in pursuance of a registered sale deed dated 21.3.1...


Sep 22 2003

Junnu Rama Goud Vs. Commissioner of Proh. and Excise and ors.

Court: Andhra Pradesh

Decided on: Sep-22-2003

Reported in: 2003(6)ALT212

ORDERDevinder Gupta, C.J.1. Fourth respondent herein, viz., Tappers' Co-operative Society, Bhainsa, Adilabad District, rejected appellant's application for membership in the society. Representation made by appellant to the Deputy Commissioner of Prohibition and Excise, Karimnagar Division, was also rejected on the ground that 'tapper' means a person who is major and who is engaged in the profession of tapping and who can climb and draw toddy from the toddy trees and the appellant was not engaged in the profession of tapping toddy, but was engaged in doing business in jewellery at Bhainsa. After rejection of his representation, appeal was filed, which was dismissed by the Commissioner of Prohibition and Excise, Hyderabad, on 18th of July, 2002. Learned Single Judge also dismissed the writ petition of the appellant on the ground that the appellant has not fulfilled the required criteria for being admitted as a member of the society.2. Appellant has no vested right to be admitted as a mem...


Sep 19 2003

District Collector and ors. Vs. P. Nagabhushana Rao and ors.

Court: Andhra Pradesh

Decided on: Sep-19-2003

Reported in: AIR2004AP1; 2003(6)ALD48; 2003(6)ALT353

Devinder Gupta, C.J.1. The facts giving rise to the reference before the Full Bench in the writ appeal may be stated in nutshell as follows: 2. Respondents are agriculturists and were deprived of their agricultural property in the month of April, 1991 by the State for the purpose of digging canal for Yeleru Reservoir. According to the respondents, they were dispossessed from their lands without due process of law and, as such, had to approach this Court by filing W.P. No. 24993 of 1995 assailing the action of the authorities in having deprived of them of their property and not paying any compensation to them. Interim order was passed in the writ petition directing the authorities to make payment of 80% of the market value of the land and in order to legalise possession to initiate proceedings under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'). The writ petition was disposed of finally on 30.3.1998 with a direction to the Collector (Land Acquis...


Sep 19 2003

Jayamangala Venkateswara Rao Vs. Kalla Rangamma (Died) by Lr

Court: Andhra Pradesh

Decided on: Sep-19-2003

Reported in: 2003(6)ALD761; 2003(6)ALT529; I(2004)BC488

P.S. Narayana, J.1. One Kalla Appa Rao, husband of Kalla Rangamma, the plaintiff in O.S. No. 215/90 on the file of I Additional District Munsif, Eluru had moved this Court in C.M.P. No. 16116/2003 praying for vacation of interim stay granted in C.M.P. No. 10500/2003 dated 2-5-2003.2. Sri T.N.M. Ranga Rao, the learned Counsel representing the vacate stay petitioner/respondent in the Second Appeal raised a preliminary objection relating to the maintainability of the Second Appeal. In view of the same, with the consent of both the Counsel, the main Second Appeal itself was heard.3. Sri Srinivas, the learned Counsel representing Jayamangala Venkateswara Rao, the appellant in the Second Appeal -defendant in the suit, had drawn my attention to the substantial questions of law raised in the Grounds of Second Appeal and had maintained that both the Courts had totally erred in decreeing the suit though Ex.A-1, the promissory note dated 7-8-1988 was not proved in accordance with law. The learned...


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