Andhra Pradesh Court February 2004 Judgments
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Ganta Prabhakar and anr. Vs. Ganta Sreedhar Kumar
Court: Andhra Pradesh
Decided on: Feb-20-2004
Reported in: 2004(2)ALD770
ORDERE. Dharma Rao, J.1. This civil revision petition is filed under Article 227 of the Constitution of India. The petitioners herein are the defendants, who seek to assail the orders in IA No. 22 of 2002 in A.S. No. 30 of 1998, dated 9-4-2003 on the file of the Court of IV Additional District Judge, (Fast Track Court), Karimnagar District, allowing the application filed under Section 151, read with Order 41, Rule 27 (b) of the Code of Civil Procedure, seeking to permit the plaintiff to adduce additional evidence.2. The contention of the petitioners is that AS No. 30 of 1998 was not heard on the date of application in IA No. 22 of 2002, which was filed on 18-2-2002 and when the impugned order dated 9-4-2003 passed by Second Additional District Judge as full Additional charge of IV-Additional District Judge and the Court can decide to permit additional evidence under the provisions of Order-41, Rule 27 CPC after the hearing of appeal, if the Court requires the additional evidence is nec...
Sale Ranga Swamy Vs. Special Collector-cum-land Acquisition Officer, S ...
Court: Andhra Pradesh
Decided on: Feb-20-2004
Reported in: 2004(3)ALD83; 2004(2)ALT764
ORDERD.S.R. Varma, J.1. This civil revision petition is directed against the order, dated 5-11-2002, passed by the Principal Senior Civil Judge at Kumool, dismissing the application in E.A. No. 373 of 2002 in E.P, No. 460 of 1997 in O.P. No. 132 of 1991, filed under Section 151 of the Code of Civil Procedure to condone the delay of 450 of days in filing an application for restoration of the said E.P.2. The petitioner is the decree-holder and the respondent is the judgment-debtor.3. For the sake of convenience, the petitioner and the respondent will be referred to as 'the decree-holder and judgment-debtor' respectively.4. The factual background in short is that in Land Acquisition Proceedings, some amount along with additional market value had been awarded by the Civil Court towards compensation in O.P. No. 132 of 1991, In order to recover the said amount, the present E.P., had been filed by the decree-holder after a lapse of more than eleven years, but within the period of limitation. ...
In Re: Lanco Kalahasthi Castings Ltd.
Court: Andhra Pradesh
Decided on: Feb-20-2004
Reported in: 2004(2)ALT598; [2005]124CompCas523(AP); [2004]52SCL131(AP)
N.V. Ramana, J.1. These two Company Petitions have been filed by Lanco Kalahasthi Castings Limited (Transferor Company) and Lanco Industries Limited (Transferee Company) under Sections 391 - 394 read with Section 110 of the Companies Act, 1956 (for short 'the Companies Act') seeking approval of the Scheme of Arrangement and reduction of share capital.2. The Transferor Company was incorporated on 4-3-1997 as a Public Company under the provisions of the Companies Act in the name and style of 'Kalahasthi Castings Limited. Subsequently, w.e.f. from 2-11-2000, it was changed to the present one. The Transferor Company, as is reflected by its Memorandum of Association, was incorporated with the main objects of carrying on business of iron castings, steel castings, non-ferrous castings, mechanical engineers, electrical engineers etc., to set up steel furnaces, such as electric furnace, induction furnace, LD converters and similar such modern equipments etc. Clause 3(B) 16 enables the Transfero...
Jabeen Sultana Vs. the State of A.P., Rep. by Public Prosecutor, High ...
Court: Andhra Pradesh
Decided on: Feb-20-2004
Reported in: 2004(1)ALD(Cri)551; 2004CriLJ3491
ORDERC.Y. Somayajulu, J.1. This petition is filed to quash the proceedings in C.C. No. 716 of 2003 on the file of the Court of the IX Metropolitan Magistrate, Hyderabad under Section 4 of the A.P. Prevention of Disfigurement of Open Place and Prohibition of Obscene and Objectionable Posters and Advertisements Act, 1997 (for short 'the Act'). On a report given by the Sub Inspector of Police, West Zone Task Force on 19-03-2003, along with his superior officers of West Zone Task Force team was patrolling in the limits of Golconda Police Station at about 7.35 p.m., and that, when he reached near Tolichowki, he noticed a white colour banner of Gazali Public School, Nizam Colony, Tolichowki, Hyderabad hanged between two electric poles in front of Azeem Complex, Tolichowki. Then he secured the presence of two mediators and drafted observation cum seizure panchanama and seized the banner, and that during the course of enquiry, it is revealed that the management of Gazali Public School are resp...
Gunji Chittemma Vs. Kaki Immaniel and ors.
Court: Andhra Pradesh
Decided on: Feb-20-2004
Reported in: 2004(4)ALT354
P.S. Narayana, J.1. On 13-09-2002, the Second Appeal was admitted in view of the following substantial question of law.2. Whether a civil Court has got power to go into the correctness of the patta granted by the Revenue Authorities?3. Sri Korrapati Subba Rao, the learned counsel representing the unsuccessful plaintiff in both the Courts below-appellant submitted that apart from the substantial question of law, on the strength of which, the Second Appeal was admitted, the other substantial questions of law to be decided in the present Second Appeal are as hereunder:1. Whether the judgment and decree of the appellate Court are not vitiated not being in conformity with Order 41, Rule 31 of the Code of Civil Procedure, 1908?2. Whether non consideration of Exs.A9 and A10 by the Courts below can be said to be in accordance with law?4. The learned counsel while elaborating the submissions, had pointed out that in the light of the evidence of D.W.1, it is clear that the plaintiff has been in ...
Pochi Reddy S/O. Ram Reddy Vs. the Revenue Divisonal Officer, Vikaraba ...
Court: Andhra Pradesh
Decided on: Feb-20-2004
Reported in: 2004(3)ALT414
ORDERA. Gopal Reddy, J.1. Petitioner by invoking the extraordinary jurisdiction seeks a Mandamus to declare the order passed by the first respondent in proceedings No. C/1675/00 dated 6.9.2003 as illegal and arbitrary and violative of principles of natural justice and to set aside the same. In fact the petitioner has to seek a writ of Certiorari and not a Mandamus as prayed by him.2. The petitioner who obtained an order for validating an unregistered sale deed from the Mandal Revenue Officer by an order dated 25.1.1999 in file No. B/3082/98 under Section 5-A of A.P. Rights in Land and Pattadar Pass Books Act 1971. Aggrieved by the same, the original landlord- 3rd respondent herein, from whom the petitioner claims to be purchased, filed an appeal under Section 5-B before the Revenue Divisional Officer, Vikarabad Division with an application to condone the delay of 482 days under Section 5 of the Limitation Act by enclosing a medical certificate issued from the doctor. Initially, the Rev...
K. Gopal Reddy Vs. Secretary and ors.
Court: Andhra Pradesh
Decided on: Feb-19-2004
Reported in: 2004(2)ALD317; 2004(2)ALT538
ORDERL. Narasimha Reddy, J.1. The petitioner seeks a writ of mandamus restraining the respondents from alienating, transferring and conveying plot Nos. 15A and 15B of Sy.Nos.125 and 126 of Yousufguda Village, Golconda Mandal, respectively, registered in the names of Respondents 2 and 3 admeasuring 300 sq.yards each, and for other ancillary reliefs.2. The petitioner was in employment of the Government of Andhra Pradesh. The 1st respondent is a House Building Society, constituted for the benefit of Members of Parliament and Legislative Assembly hailing from the State. In April 1994, the Government of Andhra Pradesh issued orders transferring an extent of 77 Acres 35 guntas in Sy.Nos. 125 and 126 of Yousufguda Village, at a nominal cost in favour of the 1st respondent. The land was divided into plots after providing roads and open places. Layout was approved by the competent authority.3. Petitioner was enrolled as one of the members of the society. He was allotted plot No. 15 and a sale d...
Vittal Reddy and ors. Vs. Principal Secretary, I and Cad Department an ...
Court: Andhra Pradesh
Decided on: Feb-19-2004
Reported in: 2004(2)ALD540; 2004(4)ALT430
ORDERL. Narasimha Reddy, J.1. The petitioners, 515 in number are residents of Babulgaon Village, Jukkal Mandal, Nizamabad District. Around the year 1993, the Irrigation Department, Government of Andhra Pradesh, had brought about Koulas Nala Project. All the lands around the village of Babulgaon were acquired since they were to be submerged in the reservoir. After the project was completed to a substantial extent, it emerged that water has accumulated on all the three sides of the village and on that account snakes and other poisonous insecticides started entering the houses of the villagers. It is said that as many as ten people died on account of snake and insect bites.2. Petitioners and their elected representatives approached the Government for acquisition of the entire village. Necessary inspection was caused and it was found that except an approach to the village, the lands on the three sides were submerged and with the progress of the construction of the reservoir, the village is...
Branch Manager, Margadarsi Chit Fund Limited and anr. Vs. District Con ...
Court: Andhra Pradesh
Decided on: Feb-19-2004
Reported in: AIR2004AP343; 2004(2)ALD645; 2004(2)ALT822; [2005]123CompCas194(AP)
Bilal Nazki, J.1. These two revisions have been filed under Article 227 of the Constitution of India and they are disposed of by this common judgment.2. Two complaints came to be filed before the District Consumers Forum, Vizianagaram. In the complainant out of which CRP No. 2439 of 2002 arises the complainant contended that she became a subscriber of the chit and was allotted a number for a total chit amount of Rs. 2,50,000/- payable on monthly subscriptions @ Rs. 5,000/- per month for 50 months commencing from 6.2.2000 to 21.3.2004. As the complainant was in need of money for bypass surgery of her mother and also father, she participated in the auction on 18.2.2001. She was the highest bidder or Rs. 1,57,000/-as against Rs. 2,50,000/-. She produced all the relevant documents, but this amount was not given to her.3. In the second complaint which has given rise to CRP No. 3365 of 2002 the complaint and claimed that he was a petrol bunk owner. He was induced by the other side to become ...
Sri Ramdas Motor Transport Ltd. Vs. Devarapalli Surya Rao
Court: Andhra Pradesh
Decided on: Feb-19-2004
Reported in: [2005]127CompCas336(AP); [2004]51SCL654(AP)
Bilal Nazki, J.1. By this judgment we propose to dispose of all the three letters patent appeals. These appeals have been filed against the common judgment of a learned single Judge of this Court in C.A. Nos. 4 and 5 of 1999 which were filed against the order dated 15-6-1999 passed by the Company Law Board in C.P. No. 15 of 1994. The parties shall be referred to as 'the petitioners' and 'the respondents' as they appeared in C.P. No. 15 of 1994. LPA Nos. 442 and 443 of 2001 have been filed by the respondents and LPA No. 134 of 2002 by petitioners 6 to 9. We have heard Mr. Parasaran, learned senior counsel appearing for the respondents and Mr. M.S. Prasad, learned counsel appearing for the petitioners and gone through the record.2. Shorn of the unnecessary details, the facts which gave rise to the litigation can be summarised as below:Basically this is a dispute between father-in-law and son-in-law. Father-in-law has died and his legal representatives have been brought on record. The pet...
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