Andhra Pradesh Court February 2004 Judgments
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Perala Kishan Rao (Correct Name Is Perala Kista Rao) Vs. Sripuram Bhad ...
Court: Andhra Pradesh
Decided on: Feb-19-2004
Reported in: III(2004)BC550
ORDERP.S. Narayana, J.1. Heard Sri Bankatlal Mandhani, learned counsel representing the revision petitioner and Sri Sampath Prabhakar Reddy, learned counsel representing the 1st respondent.2. The 2nd respondent in the Civil Revision Petition is Gajarla Ramaswamy, who is the 1st defendant in the suit in O.S.No.41 of 1992 on the file of Sub-Court, Karimnagar, which was renumbered as O.S.No.4 of 1996 on the file of II Additional District Judge, Karimanagar. The Civil Revision Petition against 2nd respondent was dismissed for default on 20-11-2000. The revision petitioner-2nd defendant in the suit in O.S.No.4 of 1996, Perala Kishan Rao, who was brought on record, as per the orders in I.A.No.2084 of 1992, dated 07-02-1994 added as 2nd defendant, had preferred the present Civil Revision Petition against the plaintiff-1st respondent, Siripuram Bhadramma. The said Siripuram Bhadramma originally filed a suit in O.S.No.41 of 1992 on the file of Sub-Court, Karimnagar for recovery of Rs.1,00,100/-...
Purnam Ramachandram Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Feb-19-2004
Reported in: 2004(4)ALD821
Bilal Nazki, J 1.This appeal has been filed by Plaintiff No. 3 in O.S. No. 1 of 1977 on the file of the District Judge at Karimnagar. Plaintiff No. 2 died before the judgment in the suit. His legal representatives were not brought on record as it was a suit under Order 1 Rule VIII of the Code of Civil Procedure in the representative capacity. Plaintiff No. 1 did not join the appellant in filing the appeal. He has been arrayed as a respondent. The parties shall be referred to as plaintiffs and defendants.2. Suit was filed for a declaration and injunction, by the plaintiffs against the defendants and the suit was filed in a representative capacity on behalf of the plaintiffs and other 128 Agraharikas of Vemulawada attached to the temple Shri Raja Rajeswara Swamy Vemulawada, Taluka Sircilla, District Karimnagar. It was contended by plaintiffs that a temple of Shri Raja Rajeswara Swamy was in existence from times immemorial. In the recent past King Raja Raj Narendra renovated the temple an...
R. Ganesh Mudali Vs. Murugesa Mudali and anr.
Court: Andhra Pradesh
Decided on: Feb-19-2004
Reported in: AIR2004AP507; 2004(5)ALD125; 2004(5)ALT519
B.S.A. Swamy, J.1. The plaintiff in O.S. No.8 of 1985 on the file of Court of III Additional District Munsif, Chiltor, filed this second appeal. I need not refer to entire garnet of controversy in the suit. Parties are referred as arrayed in the suit in O.S. No.8 of 1985. He filed O.S. No.8 of 1985 for recovery of possession of the suit schedule properties from the 1st defendant by contending that he purchased the properties from the 2nd defendant under registered sale deed Ex.A1 dated 29-3-1984 for a consideration of Rs. 21,000/-. Subsequently, since the boundaries were not properly specified in Ex.A1, a rectification deed-Ex.A2 was also executed on 15-10-1984. When the plaintiff tried to get the land ploughed the 1st defendant forcibly entered into the lands, unyoked the bulls, took possession of the lands and started cultivating in the said lands. On that day, a legal notice-Ex,A4 dated 22-11-1984, was issued to the 1st defendant and the 1st defendant in his reply notice-Ex.A5 dated...
Mohd. Abdul Kareem and anr. Vs. Andhra Pradesh State Wakf Board and or ...
Court: Andhra Pradesh
Decided on: Feb-17-2004
Reported in: 2004(2)ALD345; 2004(3)ALT254
ORDERV.V.S. Rao, J.1. The two petitioners belong to a Muslim sect known as Ahle-Hadees. They regularly offer prayers at Jamia Masjid, and Idgah of Chilkalguda in Secunderabad. It appears members of other community known as Ahle-Sunnat-Wal-Jamat subscribed to the view that women are ineligible to offer prayers in a Mosque and Idgah, as per Fatwa said to have been issued by Moghal Emperor Aurangazeb. Ahle-Hadees, however, believe that women can also perform prayers at Mosque and Idgah, provided there is a separate enclosure for them. The Idgah at Chilkalguda is under the control of Andhra Pradesh State Wakf Board, first respondent herein, and citizens of Islamic faith offer prayer at the Idgah on the day of Idd-ul-Fitr and Idd-ul-Zuha (popularly called Ramzan and Bakrid respectively).2. The petitioners claim that during Ramzan and Bakrid days along with their other brethren they used to offer prayers from 7.30 a.m., to 8.30 a.m., and there was no practice of Ahle-Sunnat-Wal-Jamat offerin...
Mani Enterprises Vs. Vasavi Co-operative Urban Bank Limited and ors.
Court: Andhra Pradesh
Decided on: Feb-17-2004
Reported in: 2004(2)ALD501; 2004(3)ALT349; [2004]53SCL255(AP)
ORDERV.V.S. Rao, J.1. The petitioner is a proprietary concern engaged in civil construction works. The petitioner availed over draft facility (Account No. 34) from M/s Vasavi Co-operative Urban Bank Limited ('Vasavi Bank'), first respondent herein in October, 2000. He has also mortgaged the property belonging to him and his wife as a security for the said loan facility. The petitioner could not pay the amount for various reasons and therefore petitioner's account was classified as Non-Performing Asset (NPA). In order to liquidate the outstanding loan given by Vasavi Bank, the petitioner approached M/s 'The Associates' a subsidiary of Citi Financial, Himayathnagar branch to take over the loan of Vasavi Bank. 'The Associates' by letter dated 13.9.2003 informed that an amount of Rs. 15,50,000/- is sanctioned subject to certain conditions including mortgaging the property of petitioner. The petitioner therefore allegedly addressed letters on 27.11.2003, 16.12.2003, 26.12.2003, requesting V...
United India Insurance Company Limited Vs. Tam Tam Venkata Reddy and a ...
Court: Andhra Pradesh
Decided on: Feb-17-2004
Reported in: III(2004)ACC126; 2006ACJ372; 2004(2)ALD775
D.S.R. Varma, J.1. Heard the Counsel for the appellants.2. Since the issue involved in all these appeals is common, they are being disposed of by this common judgment.3. All these appeals are filed challenging the awards passed by the Motor Accident Claims Tribunal awarding different amounts to the claimants injured ranging from Rs. 15,000/- to Rs. 20,000/- in the same accident.4. The learned Counsel appearing for the appellant-Insurance Company submitted that as per the policy the vehicle is permitted to ply only upto 7 k.ms. within a prescribed route, but the owner of the vehicle got it plied beyond the said limit and also in deviation to the prescribed route. Therefore, she vehemently contended that as the vehicle, which was involved in the accident, plied contrary to the prescribed limitations, it amounts to violation of the terms and conditions of the policy and hence the Insurance Company is not liable to pay any compensation to the injured.5. At the outset I am of the considered...
Zonal Manager, Central Bank of India Vs. D. Anjaiah and anr.
Court: Andhra Pradesh
Decided on: Feb-17-2004
Reported in: 2004(5)ALD204; 2004(4)ALT486; (2004)IIILLJ1118AP
ORDERC.V. Ramulu, J.1. This writ petition is filed by the Management challenging an award passed by the Industrial Tribunal, Hyderabad in I.D. No. 40 of 1991, dated 1-9-1993, wherein the dispute raised by the 1st respondent herein, as referred by the Government of India under Section 10(l)(d) and (2-A) of the Industrial Disputes Act, 1947 (for short 'the Act'), was answered in favour of the employee granting relief of reinstatement with continuity of service and all other attendant benefits.2. The facts are not in dispute. Earlier, the 1st respondent herein along with some other employees of the petitioner-Bank, who were retrenched, filed Writ Petition No. 4482 of 1982 before this Court seeking a mandamus directing the petitioner herein to follow the procedure laid down under Section 25H of the Act and reinstate them into service. The said writ petition was allowed on 17-2-1986 as under :'............The cases of the petitioners would be considered as per the recruitment policy in forc...
A.P. Scheduled Castes Welfare Association and Etc. Vs. Union of India ...
Court: Andhra Pradesh
Decided on: Feb-17-2004
Reported in: AIR2004AP381; 2004(2)ALT604
Devinder Gupta, C.J.1. These two Writ Petitions involving common questions of law were heard together at the stage of admission and are heard disposed by this common Order.2. In W. P. No. 65 of 2004 filed as PIL, the Petitioner- A. P. Scheduled Castes Welfare Association represented by its General Secretary Sri G. Shankar is seeking a mandamus against the respondents to hold the ensuing elections to the 12th A.P. Legislative Assembly and the 14th Lok Sabha to be held in the month of March/April, 2004 strictly in accordance with the provisions of Part XV of the Constitution of India, particularly in accordance with Articles 330 and 332 thereof.3. In the other Writ Petition (W. P. No. 1669 of 2004), also filed as PIL the two petitioners - Petitioner No. 1 belonging to Scheduled Caste Mala community and Petitioner No. 2 belonging to Scheduled Tribe Lambada community are seeking a mandamus to declare the Constitution (Eighty Fourth Amendment) Act, 2001 as void, ultra vires, unconstitutiona...
Ascend Technologies Ltd. Vs. Principal Secretary, Home, Govt. of A.P. ...
Court: Andhra Pradesh
Decided on: Feb-17-2004
Reported in: 2004(1)ALD(Cri)492; 2004(4)ALT449
ORDERV.V.S. Rao, J.CASE OF PETITIONER:1. The petitioner is a company registered under the Companies Act having its registered office at Hyderabad. It deals with software products known as Student Performance Evaluation and Counselling Software (SPECS). The programme is said to be popular and being used more than three hundred Schools. The petitioner came in contact with Dr. S. Sujendra Prakash of Bangalore who partly developed the Software known as OBTYS for imparting memory training to school children. As he could not market, he gave the software to petitioner with a 'source code'. Petitioner developed on visual basic platform. OBTYS is executable programme with voice and video interaction and as per market survey, it has market of Rs. 125 crores globally. Petitioner approached M/s. Madhusudhan Reddy and Mr. Dhruv Chowdary of M/s. Burgandy Tradings, New Delhi to be international dealers. They were given the source code to develop a system of different voice and video interaction. An a...
Chinna Mallaiah Vs. Assistant Director of Fisheries and anr.
Court: Andhra Pradesh
Decided on: Feb-16-2004
Reported in: 2004(2)ALD360; 2004(3)ALT327
ORDERV.V.S. Rao, J.1. The petitioner is a member of Fishermen Co-operative Society, Surepalli. In the Gram Sabha Meeting held on 3.11.2000, eighteen ineligible members of the Society were identified. First respondent therefore issued proceedings dated 27.4.2001 removing the ineligible members from the Society. The same was affirmed by Government of Andhra Pradesh by order dated 27.9.2001. Aggrieved by the same, eleven persons filed Writ Petition No. 22603 of 2001. This Court by judgment dated 26.12.2001 in W.P.Nos. 22603 and 25132 of 2001 set aside the order of first respondent on the ground that as per amended Sub-section (3) of Section 21 of the A.P. Cooperative Societies Act, 1964 (for short, the Act) it is only the general body which can remove ineligible members and therefore first respondent has no jurisdiction to pass order of removal. The same has become final.2. The petitioner thereafter filed an application under Section 61 of the Act raising a dispute as to eligibility of so...
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