Andhra Pradesh Court February 2004 Judgments
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M. Sekhara Reddy Vs. M. Satyanarayana and ors.
Court: Andhra Pradesh
Decided on: Feb-04-2004
Reported in: 2004(2)ALT351
ORDERD.S.R. Varma, J.1. This Civil Revision Petition is filed challenging the order, dated 22-9-2003, passed by the Principal Junior Civil Judge at Nandikotkur, dismissing the application in I.A.No. 403 of 2003 in O.S.No. 41 of 2002, filed under Order-21 Rule 58 of the Code of Civil Procedure to summon the witness, who is the counsel, to give evidence and also to produce the copy of original petition and pattadar pass book, which were filed in E.P.No. 167 of 2000.2. The petitioner is 1st defendant, 1st respondent is plaintiff and 2nd and 3rd respondents are 2nd and 3rd defendants.3. For the sake of convenience, petitioner, 1st respondent and 2nd and 3rd respondents will be referred to as '1st defendant, plaintiff and 2nd and 3rd defendants' respectively.4. The 1st defendant filed an application in the present suit to summon the counsel for the plaintiff, who filed an application under Order-21 Rule 58 of the Code of Civil Procedure, in the earlier suit.5. The facts, in brief, are that ...
Union of India (Uoi), Rep. by General Manager, South Central Railway V ...
Court: Andhra Pradesh
Decided on: Feb-04-2004
Reported in: 2004(4)ALT173
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 OAA 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 the 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 of death of...
Government of Andhra Pradesh and ors. Vs. Parna Venkaiah Naidu and anr ...
Court: Andhra Pradesh
Decided on: Feb-03-2004
Reported in: 2004(2)ALD105; 2004(2)ALT259
B. Sudershan Reddy, J. 1. This is an application to recall the order of the Division Bench dated 11.6.1999 made in WP No. 8939 of 1999. The respondents in the writ petition are the petitioners in this application purported to have been filed under Section 151 of the Code of Civil Procedure.2. That in order to appreciate the question as to whether any case is made out for recalling the order of the Division Bench dated 11.6.1999 made in W.P No. 8939 of 1999, a few relevant facts may have to be noticed leading to the filing of this application.3. The respondents herein claiming themselves to be the true and absolute owners of the land admeasuring Ac.3.98 cents in Sy.No. 449/5A2C2 situated in Kanigiri Town and Mandal, Prakasam District (for short 'the said land') filed the writ petition invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India seeking appropriate directions as against the petitioners herein to initiate proceedings under the Land ...
National Aluminium Company Limited Vs. Gerald Metals
Court: Andhra Pradesh
Decided on: Feb-03-2004
Reported in: 2004(2)ALD196; 2004(3)ALT749; 2004(2)ARBLR382(AP)
Bilal Nazki, J. 1. This is an appeal against an order passed by the District Judge, Visakhapatnam under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') in I.A. No. 187 of 2004 in OP No. 21 of 2004 which has been filed by Gerald Metals. This appeal has been filed by National Aluminum Company Limited (for short 'NALCO') who was respondent before the Trial Court. The parties shall be referred as they were placed before the Trial Court.2. There is no dispute between the parties with regard to the facts. All relevant facts are almost admitted. The respondent-NALCO is a producer of Aluminum and the petitioner- Gerald Metals is a company incorporated in Switzerland and carries on business at International level. NALCO entered into a contract with a company called Transworld (Aluminum) Limited on 30-11-1998 for sale of 79,000 Metric Tonnes +/- 5% of Sandy Metallurgical Grade Collimated Alumina. The purchase had to be made in a period of five years...
N. Bal Reddy and ors. Vs. Revenue Divisional Officer and ors.
Court: Andhra Pradesh
Decided on: Feb-03-2004
Reported in: 2004(2)ALD419; 2004(2)ALT457
ORDERL. Narasimha Reddy, J.1. Petitioners claim to be the owners of lands in Survey Nos. 34/C, 35/A, 36, 37/A and 38/B admeasuring Acs.40-20 guntas situated at Kundanpally Village, Keesara Mandal, Ranga Reddy District. They have approached the Mandal Revenue Officer, (MRO) Keesaragutta, for making necessary entries by way of mutation and for issuance of pattedar pass books in respect of the said lands. Through his proceedings dated 16-7-2000, the M.R.O. had effected mutations in favour of the petitioners in the concerned records and issued pattedar passbooks. Aggrieved by the same, Respondents 2 to 22 preferred an appeal before the R.D.O., Hyderabad East-first respondent herein together with an application for grant of interim orders. The first respondent took the appeal on file and passed an interim order dated 30-1-2003 suspending the pattedar passbooks issued by the M.R.O. in favour of the petitioners herein. Petitioners challenge the same.2. According to the petitioners, pattedar p...
Polu Vengal Reddy and ors. Vs. Kaki Venkata Brahmanandam (Died) and or ...
Court: Andhra Pradesh
Decided on: Feb-03-2004
Reported in: 2004(2)ALD821
ORDERT. Ch. Surya Rao, J.1. These two civil revision petitions are directed against the judgment dated 9.10.2000 passed by the learned Principle Subordinate Judge, Rajahmundry, in R.C.A. No. 1 of 1997 and, therefore, they can be disposed of together. The unsuccessful tenants, 3 to 7 are the revision petitioners in CRP No. 5572 of 2000 and 1 and 2 are the revision petitioners in CRP No. 174 of 2001.2. It is expedient to refer the parties as they are originally arrayed in the eviction petition to avoid any confusion. The demised premises is situate on the municipal office road, Rajahmundry, abutting the municipal office. The owners thereof are the father of one Kaki Venkata Brahmanandam and the father of Kaki Venkata Suryanarayana Murthy and Kaki Venkata Satyanarayana Murthy, who owned it in equal moieties. The petitioners-Venkata Brahmanandam, Venkata Suryanarayana Murthy and Venkata Satyanarayana Murthy on whom the property devolved after the demise of their respective fathers together...
V. Haritha and anr. Vs. Kapil Chit Funds Private Limited and ors.
Court: Andhra Pradesh
Decided on: Feb-03-2004
Reported in: 2004(2)ALD817; III(2004)BC430
ORDERT. Ch. Surya Rao, J. 1. The civil revision petition is directed against the order dated 3.11.2003 passed by the learned II Additional Senior Civil Judge, Warangal, in I.A. No. 604 of 2003 in O.S. No. 860 of 2001.2. The Defendants 1 and 10 in the said suit are the revision petitioners. The first respondent herein is the plaintiff and the Respondents 2 to 11 herein are the Defendants 2 to 9 and 11. The said suit was laid for recovery of an amount of Rs. 3,87,471.75 ps. It was resisted on the premise that the first defendant paid an amount of Rs. 1,32,000/- on 13.9.2001; Rs. 31,618/- on 12.1.2002; and Rs. 46,760/-on 19.4.2002 but the plaintiff did not deduct the same from out of the total amount; and that the first defendant was not liable to pay the amount as claimed in the plaint. During the course of trial one witness was examined on the side of the plaintiff in chief and the suit stood adjourned to 13.6.2003 for cross-examination of P.W.1. For the default on the part of the defen...
Holy Family Education Society and ors. Vs. A.P. Vardhaman (Mahila) Co- ...
Court: Andhra Pradesh
Decided on: Feb-03-2004
Reported in: 2004(2)ALD833
ORDERP.S. Narayana, J.1. Heard Sri Bankatlal Mandhani, the Counsel representing the revision petitioner and Sri K. Gopala Krishna Murthy, the Counsel representing the first respondent.2. The first respondent, the A.P. Vardhaman (Mahila) Co-operative Urban Bank Limited, Ramkote, Hyderabad represented by its Managing Director- the plaintiff in ARC No. 703 of 1999 filed CMP No. 552 of 2004 to vacate the interim order dated 16-9-2003 in C.M.P. No. 3096 of 2003 in CRP No. 669 of 2003 and pass such other appropriate orders. A reply affidavit was also filed to the vacate application. Both the Counsel made elaborate submissions and also made a request to dispose of the main C.R.P. itself and that is how the main C.R.P. was heard by this Court and the same is being disposed of.3. M/s. Holy Family Education Society represented by its President Sri P. German Reddy and others moved this Court under Article 227 of the Constitution of India questioning the award dated 28-10-1999 passed by the second...
Kamarapu Sivakumar Vs. Sirimalla Ashok and anr.
Court: Andhra Pradesh
Decided on: Feb-03-2004
Reported in: AIR2004AP346; 2004(3)ALD113; 2004(4)ALT3
ORDERG. Yethirajulu, J.1. This revision petition is filed by a third party creditor against the order of the Principal Subordinate Judge, Warangal in Memo S.R. No. 2243/2000 in E.P. No. 44/ 98-dated 4.8.2000.2. The E.P. was filed by the first respondent for realization of amount by way of sale of certain property attached the suit before the judgment. During the pendency of the E.P., the second respondent filed IP No. 4 of 1992 and he was adjudged as an insolvent. The revision petitioner is also one of the creditors of the insolvency proceedings. Subsequent to the adjudication, the properties were entrusted to the Official Receiver and the Official Receiver after sale of the properties of the judgment debtor deposited the sale proceeds in the insolvency Court. When the decree holder made an application, covered by I.A. No. 702 of 2000, to send for the amount -and to issue a cheque for the' amount covered by the E.P., the Official Receiver filed a memo stating that since the decree hold...
Apsrtc and anr. Vs. Boyina Nagabhushana Rao and ors.
Court: Andhra Pradesh
Decided on: Feb-03-2004
Reported in: III(2004)ACC217; 2006ACJ2443; 2004(3)ALD345
T. Ch. Surya Rao, J.1. The authorities of the Andhra Pradesh State Road Transport Corporation are the appellants who filed the appeal assailing the Judgment and decree dated 18.8.1997 passed by the learned third Additional District Judge, Visakhapatnam in M.O.P.No. 291 of 1995.2. Respondents 1 to 5 are the claimants. 6th respondent is the driver of the APSRTC bus. The husband, parents-in-law and parents of the deceased who are the Respondents 1 to 5 herein, respectively filed the claim, for a compensation of Rs. 2,00,000/- for the death of Smt. B. Suseela, who met with a motor accident on 26.1.1995 at 6.45 p.m., when she was alighting the bus, on account of the rash and negligent act of the 6th respondent, who started the bus without caring to know whether the passengers got down the bus completely or not. The deceased sustained severe head injury in the accident and ultimately succumbed to the same on the next day, i.e., on 27.1.1995 at King George Hospital, Visakhapatnam. It is their...
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