Andhra Pradesh Court January 2004 Judgments
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Vijaya Kumar Jaiswal S/O. Satyanarayana Pershad and anr. Vs. Smt. Memp ...
Court: Andhra Pradesh
Decided on: Jan-20-2004
Reported in: 2004(4)ALD646
ORDERP.S. Narayana, J. 1. Vijay Kumar Jaiswal and Prakash Chandra Jaiswal, respondents 1 and 2 in R.C.No.722/90 on the file of the Principal Rent Controller, Hyderabad and respondents 1 and 2 in R.A.No.640/94 on the file of the Chief Judge, City Small Causes Court, Hyderabad/Appellate Authority had preferred C.R.P.No.25/97. Likewise, the said parties, petitioners in R.C.No.1146/98 on the file of Principal Rent Controller, Hyderabad and respondents in R.A.No.641/94 had preferred C.R.P.No.26/97 and since both these matters were disposed of by a Common Order both by the learned Principal Rent Controller, Hyderabad and also the learned Chief Judge, City Small Causes Court/Appellate Authority, these matters are being disposed of by a Common Order.2. The Revision Petitioners herein filed R.C.No.1146/88 praying for eviction of the tenant Raghuveer Dayal on the grounds of wilful default, sub-letting and personal requirement and during the pendency of the eviction petition, the said Raghurveer ...
K.C. Balasubramanyam Pillai Vs. Bodireddygari Ramakrishna Reddy
Court: Andhra Pradesh
Decided on: Jan-20-2004
Reported in: 2004(3)ALD531; 2004(2)ALT434
ORDERP.S. Narayana, J.1. Bodireddygari Ramakrishna Reddy, respondent in this CRP, moved an application in CMP No. 27893 of 2003 to vacate the stay granted in CMP No. 20989 of 2003 in CRP No. 4625 of 2003, dated 14-11-2003. At the stage of hearing of the vacate application, Sri C.M.R.Velu, learned Counsel representing the vacate petitioner-respondent in the CRP and Sri Krishnan, learned Counsel representing Sri K.S. Gopalakrishnan, learned Counsel for the revision petitioner had made a request to dispose of the main C.R.P itself, and that is how, with the consent of the parties the main CRP is being disposed of.2. K.C. Balasubramanyam Pillai, the revision petitioner, is the petitioner in EA No. 67 of 2003 and judgment-debtor in O.E.P. No. 20 of 2002 and defendant in O.S. No. 46 of 1992, on the file of Senior Civil Judge, Puttur, The said K.C. Balasubramanyam Pillai, moved the aforesaid application in E.A, No. 67 of 2003 under Section 28 of the Specific Relief Act, 1963 (for short 'the A...
Tummala Tirumala Rao Vs. Pemmasani Laxmaiah
Court: Andhra Pradesh
Decided on: Jan-20-2004
Reported in: 2004(3)ALT522; I(2005)BC125
P.S. Naryanan, J.1. This Second Appeal was admitted on 29-6-1993. The value of the Second Appeal for the purpose of Court fee and jurisdiction is Rs. 8404/-.2. Tummala Tirumalarao, appellant/ plaintiff filed O.S.No. 532/79 on the file of I Additional Munsif Magistrate, Tenali for recovery of Rs. 6400/- against the respondent/defendant, Pemmasani Laxmaiah. The suit was partly decreed by the Court of first instance on 16-1-1986 and aggrieved by the same, the plaintiff carried the matter by way of Appeal A.S.No. 7/86 on the file of Principal Subordinate Judge, Tenali and the same was dismissed on 19-11-1992. The plaintiff being aggrieved by the said Judgment and decree had preferred the present Second Appeal.3. The respective pleadings of the parties are as hereunder.4. The appellant/plaintiff pleaded as follows:The defendant borrowed Rs. 50007- from Siddabattuni Veeraswamy and executed the suit pronote dated 22-7-1976 in his favour undertaking to pay the same either to him or his order a...
Sugali Sankaramma and ors. Vs. Vanna Venkateswarlu and ors.
Court: Andhra Pradesh
Decided on: Jan-20-2004
Reported in: 2004(1)ALD(Cri)869; 2004CriLJ2584
S.R.K. Prasad, J.1. The State has preferred the appeal against the judgment rendered in Sessions Case No. 91 of 1994 by the Assistant Sessions Judge, Atmakur, dated 10-4-1997, acquitting all the accused. The de facto complainant, P.W. 1 Sugali Sankaramma, preferred revision against the judgment of the acquittal after obtaining leave. Both the cases are being disposed of together.2. A brief resume of background of facts is as follows :On 29-6-1993 at about 5.00 p.m., P.W. 1 Sugali Sankaramma went to fetch water from the public tap in front of Sri Eswara Temple and was waiting for her turn. She put her vessel under the tap to fetch water and in the mean time, A-1 kept his vessel by keeping the vessel of the P.W. 1 aside, for which she objected and removed the vessel. Then A-1 abusing her in filthy language dragged her saree and saying as to who would come to her rescue, picked up cartpeg from nearby cart and beat on her right hip and right thigh and while warding off the blows, she recei...
Smt. A. Vasantha Vs. General Manager, Tirupathi Telecom and ors.
Court: Andhra Pradesh
Decided on: Jan-20-2004
Reported in: 2004(1)ALT645
ORDERDevinder Gupta, C.J. 1. Mr. A.P. Vijayam was appointed as Time-scale Clerk with the Department of Telecommunications on 1-7-1974. While in service as Supervisor in the establishment section, he died on 27-6-2000. During his service period, he changed nominations from time to time for the purpose of death-cum-retirement benefits. Initially he had shown the names of other members viz., Smt. A. Vasundhara, wife and Mr. A. Jayaseelan, son. Smt. A. Vasundhara died on 1-11-1994. Fresh names of the family particulars were submitted by the deceased employee on 21-7-1998, in which, he mentioned the names of Smt. A. Vasantha, wife; A. Jayaseelan, son from the first wife; A. Naveen and A. Keerthipriya, son and daughter respectively through his wife Smt. A. Vasantha. There were rival claims for retirement benefits. A Jayaseelan filed a suit in O.S. No. 901 of 2000 in the court of learned Junior Civil Judge, Tirupathi for declaration, impleading, the department as one of the defendants and Smt...
S.V. Sudhakara Rao Vs. State of A.P. and anr.
Court: Andhra Pradesh
Decided on: Jan-19-2004
Reported in: 2004(2)ALD302; 2004(3)ALT503
ORDERV.V.S. Rao, J.1. The petitioner invokes the jurisdiction of this Court under Article 226 of the Constitution of India to challenge Memorandum issued by Government of A.P. bearing Memo No. 66190/Endts.IV(2)/2002-2 dated 17.1.2003 whereby and whereunder the representation made by the petitioner dated 27.8.2002 seeking exemption from the operation of provisions of Section 15 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 ('Act' for brevity) was rejected by Government of A.P., first respondent herein.2. The facts giving rise to this writ petition in brief are as follows. Sri Venkateswara Swamy Devasthanam, Dwaraka Tirumala, West Godavari District is a religious institution governed by the provisions of Act. The petitioner belongs to 'Suraneni' family, ex-jamindars of Mylavaram Estate. The petitioner claims that Government recognized members of Suraneni family of Mylavaram as hereditary trustees of Sri Venkateswara Swamy Devasthanam, Dwaraka Tirumala. ...
J. Lakshmi @ Lakshmamma and anr. Vs. Commissioner of Police and ors.
Court: Andhra Pradesh
Decided on: Jan-19-2004
Reported in: 2004(2)ALD(Cri)477; 2004(4)ALT175
ORDERV.V.S. Rao, J.1. First petitioner is wife of second petitioner. It is her case that she purchased a house site in the auction conducted by court in E.P.No. 317 of 1966 in O.S.No. 4.341 of 1965. Fourth respondent thereafter filed a suit which was dismissed. His first appeal and second appeal as well were dismissed. Thereafter, it is alleged that fourth respondent tried to interfere with possession and enjoyment of the house site compelling the petitioners to file O.S.No. 1049 of 1983 for permanent injunction. The suit was dismissed by judgment and decree dated 2-11-1988. The petitioners filed a Transfer A.S.No.2260 of 2004 before this court, which was allowed and the suit was decreed as prayed for. The same has become final. It is alleged that respondents 4 and 5 filed C.C.No.662 of 2001 on the file of the court of II Metropolitan Magistrate, Vijayawada, under Sections 120-B, 323, 447, 506 read with 34 of Indian Penal Code (IPC) against petitioners, which is pending. In spite of th...
Palacherla Sattiraju and ors. Vs. District Collector and ors.
Court: Andhra Pradesh
Decided on: Jan-09-2004
Reported in: 2004(1)ALD700; 2004(4)ALT128
ORDERL. Narasimha Reddy, J.1. The petitioners challenge the orders dated 11-11-1994 and 10-12-1997 passed by the District Collector, East Godavari District at Kakinada, the 1st respondent and Commissioner of Survey, Settlement and Land Records. Hyderabad, the 2nd respondent, respectively. The subject-matter of this writ petition has a background spread over several decades. Briefly stated, it is as under:2. Through a Sanad dated 21-13-1918, the Agent to Government of the erstwhile British Government granted rights and privileges of Muttedar in favour of one Chakka Lingam Dora, in respect of lands in as many as 74 villages, called as 'Ducharti Mutta' in Yellavaram division. East Godavari District. The Muttedar was conferred with the rights to enjoy the lands subject to the condition that he shall not alienate the same by gift, mortgage or sale and that he shall pay a sum of Rs. 1200/-towards Kattubadi. The Muttedar in turn had leased an extent of 100 acres of land in Buruguloddi village...
Sandupatla Venu Madhav Vs. Nallamekala Raghavulu and ors.
Court: Andhra Pradesh
Decided on: Jan-09-2004
Reported in: 2004(2)ALD554; IV(2004)BC507
ORDERL. Narasimha Reddy, J.1. The petitioner filed OS No. 76 of 2001 in the Court of Junior Civil Judge, Nakrekal, against the 3rd respondent herein, for recovery of some amounts. He also filed I.A.No. 255 of 2001 under Order XXXVIII Rule 1 of the Code of Civil Procedure (CPC) for attachment of the properties of the 3rd respondent before judgment. During the consideration of that IA, Respondents 1 and 2 offered themselves as sureties. Therefore, the attachment was not proceeded with. The suit was ultimately decreed on 3-10-2002.2. Since the 3rd respondent did not satisfy the decree, the petitioner filed EP.No. 8 of 2003. Along with the 3rd respondent, he impleaded Respondents 1 and 2 in the EP. They, in turn, filed EA.No. 27 of 2003 under Order XXI Rules 54, 64 and 66 of CPC, requesting the Executing Court to proceed against the judgment-debtor and his properties. It was their case that as long as the property which was sought to be attached under Order XXXVIII is in tact they cannot b...
S. Lingamaiah Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Jan-09-2004
Reported in: 2004(2)ALD837; 2004(3)ALT276
ORDERN.V. Ramana, J.1. Invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner has filed this writ petition, praying for the following reliefs:To issue a writ, order or direction, more particularly one in the nature of writ of mandamus declaring the Notice No. C/268/93, dated 2-9-1993, issued by the Mandal Revenue Officer, Golconda, Hyderabad, as well as all further steps taken thereon, as illegal, null, void, without jurisdiction and violative of Articles 14, 19, 21 and 300-A of the Constitution of India and to set aside the same, and grant such other reliefs which the petitioner may ultimately be found to be entitled to, in the circumstances of the case.Factual matrix of the matter2. In the affidavit, filed along with the writ petition, it is stated by the petitioner that he is the owner and possessor of an extent of Ac.1-20 guntas of dry land in Sy.No. 102/1 of Hakeempet Village, Golconda Mandal, Hyderabad, in Ward No. 12,...
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