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Andhra Pradesh Court September 2003 Judgments

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Sep 10 2003

Kamireddy Venkataramana Reddy Vs. Appellate Authority Under A.P. (A.A) ...

Court: Andhra Pradesh

Decided on: Sep-10-2003

Reported in: 2003(6)ALD894

ORDERB. Prakash Rao, J. 1. Heard both sides.The petitioner in this revision, who is landlord, seeks to assail the orders in A.T.A.No. 3 of 1991 dated 12-7-1999 on the file of District Judge, Anantapur reversing the orders passed by the Special Officer-cum-District Munsif, Anantapur in A.T.P. No. 8 of 1984 dated 18-6-1991 in persuation of an application filed by the respondent herein under Section 16 of Andhra Pradesh (Andhra Area) Tenancy Act read with Rule 19 of Andhra Pradesh (Andhra Area) Tenancy Rules, 1980 for declaration that he is the tenant in perpetuity in respect of the petition schedule property and for consequential permanent injunction from his forcible eviction by the landlord.2. The facts in brief are - that the schedule property originally belongs to one Chinna Narasappa and he was cultivating the land as a tenant on yearly lease prior to 1975. The said Narasappa executed a lease deed dated 5-4-1975 in favour of the tenant for one year on an annual rent of Rs. 1,000/- a...


Sep 10 2003

MetadIn Agarwal (Died) by Lrs. Vs. Syed Abdul Razack and ors. Overruled

Court: Andhra Pradesh

Decided on: Sep-10-2003

Reported in: 2004(1)ALD400; 2004(3)ALT765

B.S.A. Swamy, J.1. In these two appeals the common question that arises for consideration is whether the agreement of sale entered into between the parties became frustrated as held by the Courts below accepting the contentions of the respondents herein.2. Though the parties are different in both the suits they can be disposed of by a Common Judgment. One Syed Abdul Razack and his sister Mohamuda Begum agreed to sell thousand square meters of vacant land under two agreement of sales marked as Ex.A.1 in O.S. No. 667 of 1985 and the other agreement executed by Mohamuda Begum was marked as Ex.A.1 in O.S.No.116 of 1986. An advance of Rs. 15,000/- was paid in each of the agreement of sale. After sometime they got issued a legal notice stating that the competent authority under Urban Land Ceiling Act refused permission to sell the vacant land to the plaintiff and as such the agreement of sale stood cancelled. They also offered to refund the advance paid under the agreement of sale. The plain...


Sep 10 2003

K. Venkulu Vs. State of A.P. and ors.

Court: Andhra Pradesh

Decided on: Sep-10-2003

Reported in: AIR2004AP85; 2004(1)ALD315; 2004(1)ARBLR481(AP)

J. Chelameswar, J.1. CMP No. 19168 of 2002 in Rev. CMP No. 73795 of 2001 in CMA No. 1338 of 1991 is filed with a prayer to condone the delay of 2892 days in filing the review petition Rev. CMP No. 22550 of 2002 is filed with a prayer to review the judgment in CMA No. 1338 of 1991 dated 30-9-1994.2. The review petitioner entered into a contract with the respondents herein on 28-5-1987 for execution of certain works the further details of which may not be necessary for the present purpose. It appears that the value of the contract was Rs. 6,92,496/- and the same is required to be completed within a period of one and half months. It appears that there were some disputes between the parties. Eventually the petitioner filed OS No. 759 of 1988 on the file of the learned Subordinate Judge (as he then was called), Miryalaguda, for recovery of certain amounts on the basis of the above mentioned contract. One fact that is required to be taken note of at this stage, is that the petitioner himself...


Sep 10 2003

State Government Pensioners Association Vs. State of A.P. and anr.

Court: Andhra Pradesh

Decided on: Sep-10-2003

Reported in: 2004(1)ALD338

G. Bikshapathy, J. 1. The lis is voiced by the retirees' interregnum. The petitioners are the State Government Pensioners Association, Hyderabad and the individual pensioners. They approached the Tribunal assailing the orders issued by the Government in G.O. Ms. Nos. 157 and 158, Finance and Planning Department, dated 16-9-1999 having effect of denying the Pensionary benefits including the enhanced Gratuity, Pension, Commutation, encashment of Leave and other retiremental benefits as illegal, arbitrary an violative of Articles 14, 16, 21 and 300A of the Constitution of India.2. The facts which are not in dispute are as follows:The Government has been constituting Pay Revision Commissions from time to time for fixing appropriate Pay Scales to its employees and also the matters relating to Pension and Gratuity. One such Commission was constituted by the Government in the year 1997. The terms of reference will be referred to in the succeeding paragraphs.3. The Pay Revision Commission has ...


Sep 10 2003

S.B. Ramanaiah @ S.B. Ramana and ors. Vs. C. Venkata Subbaiah

Court: Andhra Pradesh

Decided on: Sep-10-2003

Reported in: 2004(4)ALD554

ORDERD.S.R. Varma, J.1. Even though notice was served, none appeared for the respondent. Heard the Counsel for the revision petitioners.2. This revision is filed challenging the order and decree dated 25-11-2002 passed by the Court of Principal Junior Civil Judge, Kurnool in E.P. No. 901/2000 in OS No. 252/2000.3. By the impugned order, the Court below allowed the E.P. filed by the decree holder under Order 21 Rule 52 CPC for attachment of amount of judgment-debtors, which was deposited in M.V.O. No. 494/ 1999 on the file of the IV Additional District Judge, Kurnool in favour of the judgment-debtors, to the extent of the E.P. amount and for payment of the same to the decree holder. Aggrieved by this order, the judgment-debtors filed this revision petition.4. The undisputed facts are that the respondent herein who is the plaintiff, filed a suit against S.B. Ramanaiah, who is the husband of the judgment-debtor No. 1, in the year 2000 for the recovery of the money, on the strength of a pr...


Sep 09 2003

Fateh Ali (Died) Per Lrs. and ors. Vs. M.A. Aleem and anr.

Court: Andhra Pradesh

Decided on: Sep-09-2003

Reported in: 2003(6)ALD611; 2003(6)ALT338

P.S. Narayana, J.1. Respondents 3 to 9, aggrieved by the judgment and decree made in O.P. No. 24/87, dated 16-6-1993 on the file of Subordinate Judge, Nirmal, had preferred the present appeal.Facts in brief:2. The registered owner of H.No.6-19 of Narsapur Village was one Mohd. Ali and the same was acquired for Sriramsagar Project by virtue of Section 4(1) notification of the Land Acquisition Act, 1894, in short hereinafter referred to as 'Act', published in the Gazette on 3-9-1983. M.A.Aleem, 1st respondent in the appeal and also in O.P.No.24/87, claims to be the owner of the said property, entitled to receive compensation in view the gift made by Mohd. Ali by Ex.B-6 on 19-3-1981, registered on 24-3-1981. The 2nd respondent in the present appeal is the Special Deputy Collector, Land Acquisition-cum-Land Acquisition Officer, SRSP, Pochampad. The appellants herein, Respondents 2 to 5, filed joint claim taking a stand that the 2nd respondent being the real brother of the deceased Mohd.Ali...


Sep 08 2003

Katari Ratna Rani Vs. Velagapudi Rama Rao and ors.

Court: Andhra Pradesh

Decided on: Sep-08-2003

Reported in: 2003(6)ALD476; 2003(6)ALT79; II(2004)BC303

ORDERC.Y. Somayajulu, J.1. This appeal arises out of the order in IA No. 722 of 2003 in OS No. 1386 of 2003 on the file of the Court of the n Additional Junior Civil Judge, Vijayawada.2. The appellant filed the said suit in the Vacation Court as OS No. 52 of 2003, seeking dissolution of a firm said to have been constituted between her, her husband and respondent-1 and 2, and for consequential reliefs, and filed a petition under Order 38 Rule 5 C.P.C seeking attachment before judgment of the amounts payable to respondents 1 and 2 lying with respondents 3 and 4. The Vacation Court had on 19-5-2003 passed an ex parte prohibitory order, -restraining respondents 3 and 4 from paying any amounts due from them to respondents 1 and 2. Thereafter, the suit was transferred to the Court of Junior Civil Judge, Vijayawada and was renumbered as O.S.1386 of 2003 and LA. 106 of 2003 was renumbered as I.A. No. 722 of 2003.3. After the respondents had put in their appearance and filed their counter in LA...


Sep 08 2003

Rama Krishna P.S. and ors. Vs. Member Secretary, Andhra Pradesh Power ...

Court: Andhra Pradesh

Decided on: Sep-08-2003

Reported in: 2004(2)ALT514; [2004(102)FLR183]; (2004)IIILLJ370AP

ORDERV. Eswaraiah, J.1. All these matters have been listed for disposal as they are all squarely covered by a judgment of this Court in Writ Petition No. 1246 of 1999 and batch dated August 6, 2003.2. The said Writ Petition No. 1246 of 1999 and batch was disposed of after elaborately dealing with the issue involved and also by following the judgment rendered by the Apex Court in Steel Authority of India Ltd. v. National Union Waterfront Workers : (2001)IILLJ1087SC .3. When the present batch is posted for disposal as covered by the judgment cited supra the learned counsel appearing for the petitioners in all these writ petitions, brought to my notice that an order was passed by the Industrial Tribunal-cum-Labour Court, Warangal, in I.D.No. -Nil- of 2003 in S.R.No. 4048 of 2003, dated August 20, 2003, to the following effect:'The petitioners filed claim statement praying this Court to pass an award directing the respondents to absorb the petitioners, declaring that they were on rolls on ...


Sep 08 2003

Airport Authority of India Vs. Jagadamba Pearls Dealer

Court: Andhra Pradesh

Decided on: Sep-08-2003

Reported in: 2004(4)ALD39

ORDERB. Prakash Rao, J.1. The petitioner is the defendant, who seeks to assail the orders passed in I.A. No. 726 of 2001 in I.A. No. 1969 of 2001 in O.S. No. 1593 of 1999 on the file of the VII Senior Civil Judge, City Civil Court, Hyderabad dismissing an application filed under Section 5 of the Limitation Act seeking condonation of delay of 214 days in filing the application to set aside the ex parte decree dated 21.8.2000 in the suit.2. The petitioner is Airport Authority of India against whom the suit has been filed by the respondent herein for recovery of amounts. However, due to the petitioner's non-appearance in spite of service of summons, it was set ex parte on 20,8.2000 and ultimately the ex parte decree was passed on the next day i.e., on 21.8.2000. The case of the petitioner in brief is that the summons were wrongly addressed to the Senior Manager instead of the Airport Director (competent authority); that the served summons in the name of Senior Manager were misplaced. The ...


Sep 08 2003

State Bank of India, Agricultural Development Branch Vs. Kolli Venkata ...

Court: Andhra Pradesh

Decided on: Sep-08-2003

Reported in: 2004(1)ALT462

ORDER1. The above two applications are filed by the State Bank of India-review petitioner seeking review of the Judgment and decree passed in the above L.P.As basing on the circular No. DBOD. BP. BC. 57/21-01-040/99 dated 27-5-1999.2. The facts are not in dispute. The respondents herein applied for agricultural term loan of Rs. 55,00/- at the interest rate of 14% p.a. with half yearly rests. Having paid some amounts, the borrowers-defendants became defaulters. In these circumstances, the bank filed suit No. 64 of 1986 claiming Rs. 2 Lakhs and odd against the respondents including principal and interest. The trial Court decreed the suit as prayed for an 13-4-1993. In the first appeal, the learned Single Judge relying on the judgment of the Supreme Court allowed compound interest at yearly rests and decreed the suit for Rs. 1.64,747.48 Ps. with future interest.3. Aggrieved by the said judgment and decree while the respondents-defendants preferred LPA 330/98 contending that since the loan...


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