Andhra Pradesh Court February 2004 Judgments
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Hindustan Petroleum Corporation Limited Vs. M.S. Kareem (Died) by Lrs.
Court: Andhra Pradesh
Decided on: Feb-24-2004
Reported in: 2004(3)ALD71; 2004(3)ALT336
P.S. Narayana, J.1. Sri P.V. Sanjay Kumar representing the appellant, the unsuccessful defendant in both the Courts below-M/s. Hindustan Petroleum Corporation Limited, had raised the following substantial question of law:2. Whether the Courts below had not misinterpreted the terms of the lease deed-Clauses 2(c) and 3 (d).All other questions are only ancillary to the principal question involved in the Second Appeal.3. The suit O.S. No. 137/92 on the file of Principal Junior Civil Judge, Hyderabad West and South, Ranga Reddy District, was filed by the plaintiff, M.A. Kareem for eviction and other reliefs, who died during the pendency of the suit and the legal representatives who were brought on record are at present prosecuting the present litigation. The suit was decreed on 23-12-1998 and aggrieved by the same, the defendant/Corporation preferred Appeal A.S. No. 44/98 on the file of I Additional District Judge, Ranga Reddy and the same was dismissed on 9-12-1999 and aggrieved by the sam...
Katakam Viswanatham Vs. Katakam China Srirama Murthy and ors.
Court: Andhra Pradesh
Decided on: Feb-24-2004
Reported in: AIR2004AP522; 2004(3)ALD338; 2004(3)ALT791
ORDERJ. Chelameswar, J.1. Aggrieved by an order in I.A. No. 220 of 2003 in O.S. No. 251 of 2000 dated 31.3.2003 on the file of the Principal Junior Civil Judge, Peddapuram the unsuccessful petitioner-plaintiff filed this present revision under Article 227 of the Constitution of India. From the order it appears that the above mentioned I.A. was filed invoking the jurisdiction of the Court under Order 7, Rule 14(3) of CPC. Under the above mentioned IA, the petitioner wanted to tender two documents in evidence at the time of the trial of the above mentioned suit. One of the documents is an alleged notice dated 17.10.2003 issued by an Advocate on behalf of the defendants in the suit and the second document is the typed copy of an alleged partition deed said to have been supplied to the petitioner by the defendants in O.S. No. 130 of 1966 on the file of the Sub-Court, Kakinada.2. By the impugned order, the above mentioned IA was allowed and in the language of the Trial Court as follows :'Pe...
Mohd. Abdul Hakeem (Died) Per Lrs. Vs. Naiyaz Ahmed and ors.
Court: Andhra Pradesh
Decided on: Feb-24-2004
Reported in: AIR2004AP299; 2004(3)ALD501; 2004(3)ALT585; 2005(1)CTLJ97(AP)
P.S. Narayana, J.1. Sri Wasim Ahmed Khan representing the appellants had pointed out that on 8-1-2003 this Court admitted the second appeal on the following grounds:1. Whether under Section 2(d)(e) of the Contract Act, an agreement which is not signed by the vendee, but only signed by the vendor is a concluded contract or not ?2. Whether under the provisions of the Specific Relief Act, a concluded contract which is not signed by the vendee can be a complete contract, and whether a suit on the basis of an unconcluded contract can be filed for specific performance of the same ?In CMP No. 24829/2002 on the self-same day, an order of status quo was granted and the Second Appeal was directed to be posted immediately after Sankranti vacation. The learned Counsel also pointed out that apart from the substantial questions of law referred to supra, several other substantial questions of law also are involved and the said questions are as hereunder:1. Whether the judgment and decree of the Appel...
Bata India Ltd., Rep. by Its Manager Vs. P. Satyanarayana (Died) and 3 ...
Court: Andhra Pradesh
Decided on: Feb-24-2004
Reported in: 2004(3)ALT243
P.S. Narayana, J.1. Sri M.R. Harsha, the counsel representing the unsuccessful appellant-defendant M/s. Bata India Limited had raised the following substantial questions of law in the present second appeal:(i) When there is a valid exercise of option of renewal can the landlord issue a quit notice?(ii) Whether the suit instituted is not premature in the facts and circumstances of the case?2. Sri M.R. Harsha, the learned counsel representing the appellant after pointing out the above substantial questions of law, had taken the Court through the findings recorded by both the Courts below and would contend that in view of clause No.2 at page No.13 of Ex.A-1, when the option was exercised by the appellant-defendant-tenant in time, the landlord is bound to accept and to grant a renewal for a further period of five years. In this view of the matter, the suit itself is premature. The counsel also would submit that both the Courts had erred in decreeing the suit for eviction, having observed t...
Kosigi Yadaiah and anr. Vs. Deputy Collector and ors.
Court: Andhra Pradesh
Decided on: Feb-23-2004
Reported in: 2004(2)ALD497; 2004(3)ALT261
ORDERL. Narsimha Reddy, J.1. Petitioners filed an application under Section 40 of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (for short 'the Act') for grant of succession certificate, before the Deputy Collector and Mandal Revenue Officer, Saroornagar-the 1st respondent herein. It is their case that their late father Durgaiah was protected tenant in respect of land in Sy.Nos. 109, 110 and 111 of Gaddiannaram Village and since he died, they are entitled to be recognized as his legal heirs. Along with the claim petition, they have also filed an application under Section 151 CPC to grant interim orders to protect the nature of the land. The 1st respondent passed an order dated 20-9-2003 directing the parties to the proceedings to maintain status quo. At the instance of 6yRespondents 2 to 10, the 1st respondent had modified the interim order on the ground that he has no jurisdiction to pass such orders.2. The petitioners have filed this writ petition seeki...
Kalal Thimmanna and ors. Vs. Krishna Reddy and anr.
Court: Andhra Pradesh
Decided on: Feb-23-2004
Reported in: AIR2004AP390; 2004(3)ALD645; 2004(4)ALT136
B.S.A. Swamy, J.1. Both the appeals can be disposed of by a common Judgment, since the disputed property is one and the same and it is between the same parties.2. The parties are referred as arrayed in O.S. No. 54 of 1986 for the sake of convenience.3. The defendants in O.S. No. 54 of 1986 initially filed O.S. No. 25 of 1986 on the file of District Munsif Court, Atmakur, seeking permanent injunction restraining the plaintiffs in this suit (Defendants therein) from interfering with their possession over the suit schedule properties (i.e.,) Ac.6-08 gts., of land in Sy.No. 138/A and in Sy.No. 13S/AA for an extent of Ac.6-07 gts., of Motlampally Village, Atmakur Revenue ' Mandal, Mahabubnagar District by contending that they purchased these properties for a consideration of Rs. 1,800/-about 25 years back and since, then they are in peaceful possession and enjoyment of the properties. They further stated that their sale deed was lost due to heavy rains in the year 1964 and therefore the ori...
Ulli Bhaskar S/O. Suraiah Vs. the State of A.P. Rep. by Its Public Pro ...
Court: Andhra Pradesh
Decided on: Feb-23-2004
Reported in: 2004(1)ALD(Cri)561; 2004CriLJ2617
ORDERC.Y. Somayajulu, J.1. Alleging that Surarapu Neelamma (A-1) was found in possession of illicitly distilled liquor in her house and that the said Neelamma (A-1) confessed that she prepared the illicit liquor after purchasing jaggery and Alum from the petitioner (A.2) and so they went to the shop of petitioner and interrogated him and since the petitioner admitted that he sold black jaggery and Alum to Neelamma (A-1), Sub Inspector of Police, Noothankal registered a case in Cr.No.55 of 2002 against Neelamma (A-1) and petitioner, arrested them, seized 100 Kg of black jaggery and 30 Kg of Alum from the possession of petitioner before panchas, sent the property for chemical analysis and on receipt of the report transferred the C.D. file to the Inspector, Prohibition and Excise Station, Thungathurthy, who re-registered the case in Cr.No.203/02-03 and after investigation filed a charge sheet against A.1 and the petitioner for offences under Sections 8 (b) of A.P. Prohibition Act, 1995 an...
K. Venkata Rama Raju Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Feb-23-2004
Reported in: 2004(1)ALD(Cri)960; 2004CriLJ3672
ORDERC.Y. Somayajulu, J.1. On a letter written by the Inspector of Police, Anit-Corruption Bureau, to the Inspector, Prohibition and Excise, Kovvuru, West Godavari District in forming that during his search of the house of the petitioner, two one litre bottles of Chivas Regal Premium Scotch Whisky and four 375 ml. Peter Scott Malt Whisky bottles were found and were seized, the Inspector, Prohibition and Excise Station, Kakinada, registered a case in Crime No. 463 of 2003-04 under Section 34(a) of the A.P. Excise Act, 1968 (for short 'the Act') against the petitioner. This petition is filed to quash the said F.I.R.2. The contention of the learned counsel for the petitioner is that since the Government in exercise of its power under Section 14(1) of the Act, issued G.O.Ms. No. 268 Revenue (Ex. III) dated 1-4-1997 prescribing the quantity of liquor a person can possess without licence, permits a person to be in possession six 750 ml bottles of Foreign or Indian Liquor without license, pet...
Antharam Sundaraiah and ors. Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Feb-20-2004
Reported in: 2004(2)ALD499; 2004(3)ALT360
ORDERL. Narasimha Reddy, J.1. This case discloses either the indifference or lack of basic knowledge on the part of the Revenue Divisional Officer, Chevella Division, Domalaguda, Hyderabad R.R. District, who passed the Award dated 27.11.1995 in respect of the lands of the petitioners.2. By a notification dated 18-5-1994, an extent of Ac.21-36 guntas of land of Naskal Village of Pargi Mandal, Ranga Reddy District belonging to the petitioners and certain others was acquired for the purpose of formation of irrigation tank. An Award was passed on 27.11.1995 by the Revenue Divisional Officer-cum-Land Acquisition officer, the 2nd respondent herein. He fixed the market value at Rs. 7,000/- per acre and awarded different amounts to various land holders. Petitioners 1 to 3 were awarded a sum of Rs. 2,57,356/-.3. So far as the Petitioners 1 to 3 are concerned, the 2nd respondent paid only a sum of Rs. 70,690/- and did not pay the balance of Rs. 1,87,666-00. He paid the entire compensation to Pet...
Padaraju Vidyasagar Vs. Syndicate Bank, Miryalaguda Branch
Court: Andhra Pradesh
Decided on: Feb-20-2004
Reported in: 2004(2)ALD537
ORDERL. Narasimha Reddy, J.1. The respondent, Syndicate Bank, filed O.S. No. 4 of 1993 in the Court of Senior Civil Judge, Miryalaguda for recovery of certain amount, against the petitioner. The suit was decreed ex parte on 30.12.1994. It filed E.P.No.19 of 1999 for execution of decree and the same was transferred to the Court of Senior Civil Judge, Bhongir, and it was numbered as E.P. No. 171 of 2003.2. On receipt of notice in the E.P., the petitioner filed an application under Order 9 Rule 13 of Civil Procedure Code to set aside the ex parte decree dated 30.12.1994 in O.S. No. 4 of 1983. Since there was delay of 1867 days, he filed IA No. 65 of 2000 under Section 5 of the Limitation Act to condone the delay. The same was dismissed by the Trial Court through its order dated 18.9.2002. Hence, this civil revision petition.3. In the counter-affidavit filed by the respondent, it is stated that the petitioner had borrowed a sum of Rs. 35,000/- on 29.3.1990 as loan and since it was not paid...
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