Andhra Pradesh Court February 2004 Judgments
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Nazeer HussaIn Vs. Farooq Ali
Court: Andhra Pradesh
Decided on: Feb-05-2004
Reported in: 2004(2)ALD808
ORDERP.S. Narayana, J.1. Nazeer Hussain, the revision petitioner/landlord, aggrieved by the reversing order made in RA No. 37/94 on the file of Chief Judge, City Small Causes Court at Hyderabad/Appellate authority had preferred the present civil revision petition under Section 22 of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960, hereinafter in short referred to as 'Act'. The petitioner, hereinafter referred to as 'landlord' filed RC No. 191/84 which was renumbered as RC No. 1748/86 on the file f IV Additional Rent Controller, Hyderabad on the grounds of bona fide personal requirement and acts of waste. The learned Rent Controller, after recording evidence had arrived at a conclusion that the personal requirement of the landlord is bona fide, but however, negatived the ground relating to acts of waste and had ordered eviction. Aggrieved by the same, the respondent herein, hereinafter referred to as 'tenant' preferred R.A. No. 37/94 on the file of Chief Judge, City Smal...
Kothari Group of Financiers Vs. K. Murlidhar
Court: Andhra Pradesh
Decided on: Feb-05-2004
Reported in: II(2004)ACC325; 2004(3)ALD68; 2004(3)ALD68; 2004(3)ALT329; 2004(3)ALT329; [2004(101)FLR1102]
D.S.R. Varma, J.1. This civil miscellaneous appeal is directed against the order, dated 21-10-2003, passed by the Commissioner for Workmens' Compensation and Assistant Commissioner of Labour-in at Hyderabad (for short 'the Tribunal)' in W.C. No. 74 of 2002, directing the respondent to pay a total compensation of Rs. 1,65,526/- to the petitioner for the disability sustained and loss of earning capacity suffered by him during the course of employment.2. The appellant is the respondent and respondent is the claimant.3. For the sake of convenience, the appellant and respondent will be referred as 'employer and claimant' respectively.4. The facts, which are not in dispute, are that the claimant has been working under the employer as Branch Manager at Kurnool Branch. The employer's business is financing to the customers to purchase autos under hire purchase scheme and it has several branches in the State including Kurnool District. The business is being carried out all over the State under t...
Adapapa Venkata Reddy (Died) by Lrs. and ors. Vs. Revenue Divisional O ...
Court: Andhra Pradesh
Decided on: Feb-05-2004
Reported in: 2004(3)ALD105; 2004(3)ALT486
ORDERL. Narasimha Reddy, J.1. In all these three writ petitions the order dated 9-4-1997, issued by the Revenue Divisional Officer and Sub-Divisional Magistrate, Gudur, Nellore District-1st respondent, is in challenge. Hence, they are disposed of through this common order. 2. Petitioners are in possession of various extents of land in Sy.No.135, at present in Ward No. 13, Bazar Street, Venkatagiri Town. They claim to have made constructions on the said plots. The land in an extent of 102 Ankanams is said to have been gifted by Venkatagiri Raja to the Wakf Board to be used as 'Agnigundam' (Akva Site) during the Moharmm celebrations. A notification in the A.P. Gazette was issued on 23-1-1992, declaring it as 'Wakf Property'.3. Petitioners were served with the copy of the order dated 9-4-1997. It discloses that the Chief Executive Officer of the A.P. Wakf Board-3rd respondent found the Wakf property to have been encroached by various individuals including petitioners and in exercise of po...
Mulla Alamsabgari Dastigiri Vs. B. Pullamma and ors.
Court: Andhra Pradesh
Decided on: Feb-05-2004
Reported in: 2004(4)ALD82; 2004(2)ALT271
ORDERD.S.R. Varma, J. 1. This revision is filed challenging the docket order dated 19-8-2003 passed by the Court of Senior Civil Judge, Allagadda in OS No. 15/2001. By the impugned order, the Court below overruled the objection raised by the 1st defendant while recording the evidence of PW1, with regard to admissibility of a document i.e., a conveyance agreement. Aggrieved by the same, the 1st defendant filed this revision petition.2. It is settled law that any document can be received by the Court subject to objection and a finding can be recorded with regard to its admissibility and, if aggrieved, the same can be challenged in appeal. From the record it could be seen that in the evidence of PW.1, an unregistered re-conveyance document was sought to be marked and the 1st defendant objected to the marking of the same, on the ground that the said document was not registered. As stated above, the Court below overruled the objection of the 1st defendant and allowed the document to be mark...
Mirza Raheem Baig Vs. Mirza Mahamood Baig and ors.
Court: Andhra Pradesh
Decided on: Feb-04-2004
Reported in: 2004(2)ALD117
ORDERN.V. Ramana, J.1. This revision is preferred against the order dated 17-1-2004 passed by the learned District Judge, Rangareddy in O.S.S.R. No. 158 of 2004. By the said order the learned District Judge directed the plaintiff to pay Court fee under Section 34(1) of A.P. Court Fees and Suits Valuation Act.2. The suit is filed for partition and separate possession and for cancellation of registered gift deeds. The case of the plaintiff is that the plaint schedule property originally belonged to the mother of the parties and that after her death, the petitioner, her two other sons and her husband succeeded to the property and their names were also entered in the revenue records as joint pattedars. The plaintiff further contended that since there was no partition and separate possession of the suit property, he is in joint possession of the plaint schedule property. The suit is therefore filed by paying the fixed Court fee under Section 34(2) of the Andhra Pradesh Court-Fees and Suits ...
Veerabhadra Swamy Temple Vs. Commissioner, Endowment Department and or ...
Court: Andhra Pradesh
Decided on: Feb-04-2004
Reported in: 2004(2)ALD532; 2004(3)ALT44
ORDERGoda Raghuram, J.1. Shri Veerabhadra Swamy Temple, Bonthupally, District Medak, represented by its Chairman, G. Bhadrappa, (for short 'VBS Temple') seeks invalidation of the proceedings bearing Rc.No.G3/54994/ 2002 dated 7-3-2003 issued by the Deputy Commissioner (S), Endowments Department, Hyderabad-2nd respondent. The proceedings dated 7-3-2003 is a response to a representation made by the 3rd respondent herein and directs the writ petitioner-VBS Temple to pay the arrears of salary to the 3rd respondent upto February, 2003, immediately. A brief outline of the preceding facts requires to be recorded:(a) The impugned order is purportedly passed consequent on the orders of this Court in WP No. 25133 of 2002. The 3rd respondent herein had earlier worked in VBS Temple upto 31-8-2001. Thereafter he was transferred to Sri Suryagiri Yellamma Temple, Ravirala (v) (for short 'Yellamma Temple' with effect from 1-9-2001. At Yellamma Temple he drew salary for a period of ten (10) months with...
Mir Muzzafar HussaIn Khan and ors. Vs. Andhra Pradesh Wakf Board and o ...
Court: Andhra Pradesh
Decided on: Feb-04-2004
Reported in: 2004(3)ALD108; 2004(3)ALT554
ORDERElipe Dharma Rao, J.1. Seeking to review the order dated 5.7.2002 in Writ Petition No. 12980 of 1995 passed by this Court, the present review petition is filed.2. The writ petition was filed, aggrieved of the action of the respondents, by some of the legal heirs and subsequent purchasers of late Nawab Fakhrul Mulk, in respect of property in S.No. 49, parts of 50 and 51 in Yousufguda Village, Hyderabad District, presently under Revenue Mandal Golkonda aggrieved of the Gazette notification issued by the Government under Section 5(2) of the Wakf Act, 1954 published on 16.3.1989, whereby the petitioners land in Sy.No.49 of Yousufguda was also entered as Item No. 10 in the list of Shia wakf, as illegal and arbitrary, unjust, null and void and to consequently restrain the respondents from entering into or interfering with the rights, title and possession of the petitioners. The petitioners also challenged the validity of Sections 4, 5, 6, 6A, 21 and 27 of the Wakf Act, 1954.3. When the ...
iqbal Singh (Died) and anr. Vs. A. Sudhakara Rao and ors.
Court: Andhra Pradesh
Decided on: Feb-04-2004
Reported in: 2004(4)ALD582; 2004(2)ALT792
Bilal Nazki, J.1. Two suits being O.S.No. 8 of 1983 and O.S.No. 300 of 1982 on the file of the Addl. Chief Judge, City Civil Court, Hyderabad have been decided by a common judgment on 24.4.1986. One Iqbal Singh was defendant in O.S.No. 8 of 1983 and plaintiff in O.S.No. 300 of 1982. He has filed these two appeals against the common judgment of the trial Court. During the pendency of these appeals he died and his son-2nd appellant was brought on record as his legal representative. The parties will hereinafter be referred to as they are arrayed in O.S.No. 8 of 1983.2. The subject matter of both the suits related to an extent of 1000 sq. yards (975 sq. yards) of open land in premises bearing No. 5-9-96 (corresponding to old number as B-1-89 or B-1-96) on the public garden road, Nampally, Hyderabad. O.S.No. 8 of 1983 was a suit filed by the plaintiffs seeking possession of 1000 sq. yards in premises bearing No. 5-9-96. They also claimed mesne profits for three years amounting to Rs.36,000/...
Guttula Munisetti Vs. Guttula Dharma Rao and ors.
Court: Andhra Pradesh
Decided on: Feb-04-2004
Reported in: 2004(4)ALD375; 2004(3)ALT482
P.S. Narayana, J.1. Heard Kurella Subrahmanyam, representing the appellant and Sri Chidambaram representing the 1st respondent.2. The only substantial question of law pointed out by the learned Counsel for the appellant runs as follows:'Whether the appellate Court is justified in reversing the Judgment and decree of the Trial Court though Ex. A-1 is inadmissible in evidence.'The learned Counsel for the appellant, apart from this substantial question of law, had pointed out to several other factual aspects which are incidental thereto and made elaborate submissions pointing out the findings recorded by the Trial Court in O.S. No. 30/91 on the file of Principal Junior Civil Judge, Narsapufand the appellate Court in A.S. No. 50/96 on the file of Senior Civil Judge, Narsapur. The learned Counsel also had pointed out that even if Ex.A-1 is taken into consideration, it is highly doubtful whether the said document is well returned and even other wise the 1st respondent plaintiff had contraven...
Union of India (Uoi), Represented by General Manager, South Central Ra ...
Court: Andhra Pradesh
Decided on: Feb-04-2004
Reported in: 2005ACJ286
G. Yethirajulu, J.1. This appeal is preferred by the Union of India represented by the General Manager, South Central Railway, Secunderabad, against the award of the Railway Claims Tribunal in O.A.A. No. 68 of 1997, dated 11.12.1997.2. One person by name Mohd. Sabeer died in a train accident. His wife and seven children filed an application before the Railway Claims Tribunal for compensation and the Tribunal, after considering the evidence adduced by both parties, awarded a sum of Rs. 2,00,000 towards compensation to the respondents. The appellant being aggrieved by the order of Railway Claims Tribunal preferred this appeal challenging its validity and legality.3. The accident occurred on 5.6.1997 at Yakutpura Railway Station with a passenger train No. 550. At the time of accident, the deceased alleged to have boarded the moving train and due to that he slipped, which resulted in his death. The Tribunal in its award mentioned that the claimants are entitled for compensation on account ...
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