Andhra Pradesh Court September 2003 Judgments
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Alapati Venkayamma Vs. Alapati Kesava Rao and anr.
Court: Andhra Pradesh
Decided on: Sep-15-2003
Reported in: 2004(3)ALT247; II(2004)DMC275
S. Ananda Reddy, J.1. This appeal is filed by the wife, who is the first respondent in HMOP No. 57 of 1997, which was filed by the 1st respondent herein, on the file of the Principal Senior Civil Judge, Guntur, seeking dissolution of the marriage between the appellant and the 1st respondent on the ground specified under Section 13(1)(i) and (ia) of the Hindu Marriage Act, 1955.2. The brief facts of the case are that the marriage of the appellant and the 1st respondent was solemnized on 24-6-1983 in the village of the appellant-wife i.e., Harischandrapuram. Their marriage was consummated immediately, and during their wedlock, they were blessed with two daughters and a son. The 1st respondent-husband is an illiterate person and the appellant studied up to Tenth class. The 2nd respondent is the alleged paramour, who is no other than the son of the 1st respondent's elder brother. According to the 1st respondent, the appellant-wife left the matrimonial home in June 1996 and thereafter she f...
Abdul Gafaoor Alias Ashan Vs. Smt. Hameema Khatoon and ors.
Court: Andhra Pradesh
Decided on: Sep-15-2003
Reported in: 2003(2)ALD(Cri)902; 2004CriLJ1280; I(2004)DMC693
Bilal Nazki, J. 1.We have heard learned senior counsel Sri C. Padmanabha Reddy as Amicus Curiae and also learned Public Prosecutor. No other advocate appeared.2. This is a reference made by a learned single Judge of this Court as he found cleavage of opinion with regard to interpretation of sub-section (3) of Section 125 of the Code of Criminal Procedure (for short 'the Code'). The short question is as to what is the period for which a person can be detained in terms of Section 125(3) of the Code if he fails to pay the maintenance , even after a warrant in terms of Section 125(3) of the Code is issued. The learned single Judge took notice of a judgment of this Court reported in Laxmi v. Nakka Narayan Goud, (1993) 2 Andh LT (Cri) 553 ; 1994 Cri LJ 565, in which it has been held that detention can be for any period till the payment is made. Another judgment which the learned single Judge noted was reported in P. Brammaiah v. P. Padma, (1990) 1 Andh LT 370, in which it has been held that ...
Sardar Ram Singh Vs. Sardar Ram Singh and anr.
Court: Andhra Pradesh
Decided on: Sep-15-2003
Reported in: 2004(4)ALD735; 2004(6)ALT217
ORDERT. Ch. Surya Rao, J.1. This civil revision petition is directed against the order dated 2.5.2003 passed by the learned n Additional Senior Civil Judge, Warangal, in I.A. No. 253 of 2003 in O.S. No. 134 of 2003.2. The revision petitioner is the plaintiff who filed the suit for specific performance of the contract of sale. He filed a concomitant petition in I.A. No. 253 of 2003 under Order 39, Rules 1 and 2 of the Code of Civil Procedure seeking temporary injunction pending disposal of the suit to restrain the first respondent from alienating the suit schedule property to the second respondent or to any third party. At the time of enquiry in the suit, four documents came to be marked on the side of the petitioner-plaintiff. The second respondent sought to mark the document known as 'Agreement of Sale' so as to buttress his contention that the first respondent agreed to sell the property under the said agreement to him. An objection was taken for introducing the said document. The ob...
State of A.P. and anr. Vs. C. Srinivasulu Reddy
Court: Andhra Pradesh
Decided on: Sep-12-2003
Reported in: 2003(5)ALD697; 2003(6)ALT222
Bilal Nazki, J 1. This writ petition challenges the order of the A.P. Administrative Tribunal in O.A. No. 2049 of 1999. The O.A. was filed by the respondent herein challenging the Government Memo No. 34094/Ser.II-2, dated 8.4.1999.2. The case of the respondent before the Tribunal was that he belongs to Zone-III. He was appointed as Physical Director Grade-II with qualifications of B.Com., B.P.Ed. He also acquired M.P.Ed, qualification on 12.4.1984. He was entitled for promotion to the post of Physical Director, Grade-I which arose on 16.7.1988. But the Government did not consider him and Sri S. V. Krishna Reddy was brought on deputation from Zone-IV and he was given the post. Aggrieved by the action of the Government, the respondent filed RP No. 323 of 1986 before the erstwhile Tribunal. The Tribunal by its order dated 28.8.1986 allowed the RP. The Government in G.O. Ms. No. 354, dated 11.5.1990 made it clear that the notional date of promotion can be given whenever it was found that t...
Mullapudi Satyam and ors. Vs. Sub-collector and ors.
Court: Andhra Pradesh
Decided on: Sep-12-2003
Reported in: 2003(5)ALD679
ORDERV.V.S. Rao, J. 1. There are 192 petitioners in this writ petition. They filed the writ petition seeking a writ of mandamus declaring the action of the Sub-Collector, Vijayawada (first respondent), Mandal Revenue Officer (MRO), Vijayawada (second respondent) and Village Administrative Officer, Bhavanipuram, Vijayawada, in seeking to dispossess them from their lands admeasuring Acs.8.92 cents in R.S.No. 17/5, 24/4, 26/2, 34/1, 35/1, 36/1, 37/1, 38/1 and 39/1 of Bhavanipuram village, Vijayawada, hereafter called the petition schedule land, contrary to the observations made by this Court that the petitioners are not bound by the judgment in LG.O.P. No. 335 of 1983, as illegal and contrary to law. They also seek further orders as the Court deems fit.2. In the affidavit filed by the first petitioner on behalf of other petitioners, it is stated as follows. Respondents 4 to 11 herein filed LG.O.P.No. 335 of 1983 against third parties praying the Special Tribunal constituted under the A. P...
Venkata Reddi Vs. Commissioner of Land Reforms and Urban Land Ceilings ...
Court: Andhra Pradesh
Decided on: Sep-12-2003
Reported in: 2003(6)ALD75
ORDERV.V.S. Rao, J.1. The petitioner claims to be absolute owner of the land admeasuring about Acs.21.90 gts. comprised in Sy.Nos. 123 to 127, 130, 132, 133, 136 and 137 situated at Nanakramguda Village, Serilingampalli Mandal, Ranga Reddy District. He assets that they are agricultural dry and wet lands which are being cultivated till now. After coming into force of the Urban Land (Ceiling and Regulation) Act, 1976 ('the ULC' Act for brevity), the petitioner filed a declaration under Section 6(1) of the ULC Act before the second respondent claiming the lands to be agricultural lands and, therefore, they cannot be declared as vacant lands under the ULC Act. After processing the declaration, the second respondent issued a draft statement under Section 8(1) of the ULC Act on 28-9-1977 accepting the claim of the petitioner in respect of the lands in Sy.Nos. 123 to 127, 132, 133 and 137 to an extent of Acs.10.20 gts. which stood excluded from cultivation as per Section 2(0) of the ULC Act. ...
Grag MartIn Distillery Private Limited Vs. State of Andhra Pradesh and ...
Court: Andhra Pradesh
Decided on: Sep-12-2003
Reported in: 2003(6)ALD261; 2003(5)ALT613
Goda Raghuram, J.1. These writ petitions involve similar questions of fact and law. As the respective petitioners seek identical relief the writ petitions are considered together and disposed of by this common judgment.2. M/s. Crag Martin Distillery Private Limited, Pilamol, Goa and M/s. Swan Distillery Private Limited, Curtorim, Goa, respectively, have filed the above writ petitions. They seek identical reliefs as under:(a) A writ of certiorari calling for the records of the first respondent in Memo. Nos. 4478/Ex.II (2)/99-1, impugned in W.P. No. 1 1319/2000 and 44781/Excise-II (2)799-2, impugned in W.P. No. 11320/2000, both dated 4-8-1999 and quash the same;(b) A direction calling for the records of the first respondent in G.O. Ms. No. 168, Revenue (Excise-II) Department, dated 31-3-2000 and declaring Clause 4 of the said policy prohibiting grant of licences for new ML distillery as unconstitutional and null and void;(c) Consequently directing the respondents to issue the licence to ...
Gandhi Schedule Caste and Backward Classes Community Society, Rep. by ...
Court: Andhra Pradesh
Decided on: Sep-12-2003
Reported in: 2003(6)ALT839
ORDERV.V.S. Rao, J.1. The petitioner is a society allegedly established in 1963 to espouse the cause for the welfare of the persons belonging to Scheduled Castes and Backward Classes, who are residents of Gandhi Colony near Jubilee Bus Station, Secunderabad. The land occupied by the members belonging to the petitioner society is allegedly comprised in Sy. Nos. 486 and 487 in Secunderabad Cantonment area. The petitioner alleges that there are about 400 families residing in the area for the past several decades. The petitioner society has been trying for the last about two decades to get a house site allotted to its members who are in occupation of small extents of land and who have constructed houses thereon, in vain. In 1988, the District Collector, Hyderabad appears to have initiated a proposal for acquiring the land admeasuring Acs.6.20 gts. in Sy. No. 486 from some persons who claimed to be owners and also APSRTC. Be that as it is, the colony came up there was provided with all faci...
A.P. State Financial Corporation, Rep. by Its Branch Manager, Mahabubn ...
Court: Andhra Pradesh
Decided on: Sep-12-2003
Reported in: 2004(1)ALT370; [2005]125CompCas345(AP); [2004]51SCL772(AP)
N.V. Ramana, J. 1. By this application, filed under Section 446 of the Companies Act, 1956 read with Rule 9 of the Companies (Court) Rules, 1959 (for short 'the Rules') and Sections 29 and 46-B of the State Financial Corporations Act, 1951 (for short 'the SFC Act), M/s. A.P. State Financial Corporation (for short 'the Corporation) prays to grant them permission to effect the sale of the immoveable properties, namely land and buildings of the company in liquidation, for a sale consideration of Rs.56.00 lakhs in favour of Sri. K. Srisailam, Managing Partner of M/s. Sai Enterprises, Hyderabad. 2. The factual matrix of the matter, which lies in a narrow compass, may be noted as under: Previous to the respondent-M/s. Professional Grade Components Ltd., going into liquidation, by order dated 31-8-1994, the Corporation in purported exercise of its power under Section 29 of the SFC Act seized the properties of the respondent, which were under hypothecation/mortgage to them. While the matter st...
P. Chandra Sekhar Naidu and ors. Vs. Correspondent, Ssrso Upper Primar ...
Court: Andhra Pradesh
Decided on: Sep-12-2003
Reported in: 2004(1)ALD152; 2003(6)ALT693
G. Bikshapathy, J. 1. The batch of writ petitions and contempt cases can be disposed of by a common order as they arise out of a common order passed by the Andhra Pradesh Administrative Tribunal in O.A. No. 377 of 2001 and batch, dated 13-6-2002.2. It is necessary to trace out few facts before going into the respective merits of the contentions, which were raised by the learned Counsel for both the parties.3. The applicants filed O.A.No. 377 of 2001 and batch before the Tribunal, challenging the validity of G.O. Ms. No. 176, dated 22-12-2000 by which, the orders issued by the Government in G.O. Ms. No. 330, dated 10-8-1983 were cancelled. They also prayed for further relief of fixing their pay scales without reference to the cut off date fixed in G.O. Ms. No. 330, dated 10-8-1983.4. It is the case of the petitioners that they were appointed as Language Pandits Grade-II in Government as well as local bodies. They also possessed the qualifications required for the posts of Language Pandi...
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