Andhra Pradesh Court February 2004 Judgments
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P. Satyakala and anr. Vs. P. Chandrakala and anr.
Court: Andhra Pradesh
Decided on: Feb-09-2004
Reported in: 2004(4)ALD80; 2004(2)ALT407
L. Narasimha Reddy, J. 1. The respondents filed O.S.No. 119 of 1995 in the Court of the Junior Civil Judge, Nalgonda, against the appellants seeking the relief of permanent injunction restraining them from letting their drain water along with the southern wall in front of the house of the plaintiff, bearing No. 6-3-10/1/1, situated at Ramagiri, Nalgonda.2. The appellants filed their written statement and issues were framed. The 1st respondent was examined as PW-1 and documents Exs.A-1 to A-8 were marked on her behalf. The DWs.1 and 2 were examined on behalf of the appellants herein and Exs.B-1 to B-10 were marked. The Trial Court dismissed the suit. It however directed the appellants herein to lay an underground pipeline in the place of the existing drain in front of the house of the respondents. They were also permitted to let the rain water from their house into the municipal drain, situated on the north of the plaintiff's' house. Feeling aggrieved by the same, the respondents prefer...
Saraswathi Bai Vs. Divisional Co-operative Officer, Golkonda Division ...
Court: Andhra Pradesh
Decided on: Feb-06-2004
Reported in: 2004(1)ALD911; 2004(1)ALT792
ORDERV.V.S. Rao, J.1. The petitioner borrowed certain amount from the Tirumala Co-operative Urban Bank Limited ('the Bank' for brevity), the 3rd respondent herein in the year 2000. As there was alleged default in payment of the loan, the 3rd respondent invoked arbitration under Section 61 of the Andhra Pradesh Co-operative Societies Act, 1964 ('the Act' for brevity) and obtained an ex parte award being ARC No. 6 of 2003 dated 26.5.2003. Aggrieved by the same, the petitioner filed an appeal being CTA No. 267 of 2003. The petitioner also filed an interlocutory application being IA No. 937 of 2003 for stay of all further proceedings pursuant to the Award. It is stated in the affidavit accompanying the writ petition that though there are two Members in the learned Tribunal, the Chairman has not been posted and therefore, the Members are not taking up interlocutory applications. In this background, the jurisdiction of this Court under Article 226 of the Constitution of India is invoked.2. H...
C. Girija Devi Vs. Municipal Corporation of Hyderabad
Court: Andhra Pradesh
Decided on: Feb-06-2004
Reported in: 2004(2)ALD401; 2004(2)ALT452
N.V. Ramana, J.1. In these two writ petitions, which are filed by the wife and husband against the respondent-Municipal Corporation of Hyderabad, common grievance is raised, and as such, they are disposed of by this common judgment.2. The petitioners claim to be the owners and possessors of an extent of 118.50 and 220 Sq. yds. of land having purchased the same under different registered sale deeds in the year 1991. The petitioners stale that having purchased the land, they obtained permission from the respondent-Municipal Corporation of Hyderabad, and constructed a building therein. While so, it is the case of the petitioners that on 4-9-1993, the officials of the respondent, all of a sudden came to their building and demolished a portion of the building, facing the main road, stating that the same is required for road widening. The petitioners state that an extent of 36 and 99.22 Sq. yds. of land and building was affected by the demolition in the road widening.3. The Assistant City Pl...
Apseb Employees Union Vs. Apseb and anr.
Court: Andhra Pradesh
Decided on: Feb-06-2004
Reported in: 2004(2)ALD435; 2004(3)ALT94; [2004(101)FLR347]; (2004)IILLJ439AP
ORDER1. Since the issue involved in both these writ petitions is one and the same, they are being disposed of by this common order.2. The petitioners, who are the employees of Electricity Department of the erstwhile Government of Hyderabad, aggrieved of the withdrawal of concession granted to them by the Respondent Board, filed these writ petitions.3. It is the case of the petitioners that the Respondent Board has issued proceedings in B.P. Ms. No. 349 dated 2.9.1959 entitling for the supply of electrical energy to the employees at the concessional rates for lightings and fans at the rate of Rs. 0.1.6 per unit if the employee was sole occupant of the premises and at Rs. 0.4.0 per unit if he was a member of the joint family; the said concession was also applicable to the retired employees of the Electricity Department who have put in 25 years of service or more and also to a few retired officers of the Mint and allied Department. Out of seven concessions under the said proceedings, conc...
Bharat Overseas Bank Ltd. Vs. Saritha Synthetic and Industries Ltd.
Court: Andhra Pradesh
Decided on: Feb-06-2004
Reported in: 2004(4)ALD205; 2004(3)ALT85; IV(2004)BC282; [2004]120CompCas419(AP); (2004)4CompLJ401(AP); [2005]60SCL424(AP)
N.V. Ramana, J.1. The petitioner, namely, M/s. Bharat Overseas Bank Ltd., represented by its manager, has filed this company petition under Sections 433(e) and 439 of the Companies Act, 1956 (for short 'the Companies Act'), read with Rule 95 of the Companies (Court) Rules, 1959, for winding up of the respondent, namely, M/s. Saritha Synthetic and Industries Ltd., on the ground that it has become insolvent and is unable to pay its debts.2. The factual matrix of the matter, lies in a very narrow compass, which runs thus :The petitioner is engaged in the business of corporate financing. On March 9, 2001, the respondent, which is engaged in the business of manufacturing and process of grey cloth fabrics and linen, has requested the petitioner to sanction a short-term loan of Rs. 500 lakhs. The petitioner sanctioned the short-term loan of Rs. 500 lakhs to the respondent, repayable within 90 days, subject to the condition of the respondent furnishing personal guarantee of its managing direct...
Union of India (Uoi) by Its General Manager, S.C. Railway Vs. S. Rekha ...
Court: Andhra Pradesh
Decided on: Feb-06-2004
Reported in: II(2004)ACC780; 2005ACJ535; 2004(3)ALT49
Ghulam Mohammed, J.1. This appeal is filed against the order dated 21-4-1998 passed in OAA No. 115 of 1997 by the Railway Claims Tribunal, Secunderabad Bench, Secunderabad.2. The applicants-respondents herein filed OAA No. 115 of 1997 claiming compensation of Rs. 4 lakhs on account of the death of one S. Raju on 9-11-1997 due to falling down from Rayalaseema Express at Nawandgi platform. It was alleged in the petition that when the train halted at Nawandgi railway station, when the deceased tried to get down, he slipped and fell down due to sudden movement of the train and he was run over by the train and died on the same day i.e. on 9-11-1997. II was further stated that the accident is an 'untoward incident' within the meaning of Section 124-A of the Railways Act, 1989, (for short, 'the Act') and as such sought for compensation of Rs. 4 lakhs. The claim of the applicants-respondents herein was opposed by the Railways on various grounds.3. By the impugned award the Tribunal having held...
T. Nabi Saheb Vs. V.P. Sivaiah and ors.
Court: Andhra Pradesh
Decided on: Feb-06-2004
Reported in: 2004(6)ALD488; 2004(2)ALT751
M. Narayana Reddy, J.1. This judgment, according to Law, arises out of a Civil Miscellaneous Appeal, filed by the sole appellant, against R-1 to R-5, under Sub-rule (4) of Rule 58 of Order XXI, CPC, questioning the, validity and legality, of the adjudications made by, and set forth in Para 2, infra.2. Orders, dated 22-4-2002, of the Court of the Principal Senior Civil Judge, Ananthapur (Executing Court), made in E.A. No. 449 of 1999 in EP No.41 of 1994 in OS No. 286 of 1999, of its file, and the Decree of even date, that followed the same, therein.3. Perused the material papers of the Record.4. Heard arguments of the learned Counsel for both the parties.5. At the very outset, I am of the opinion, that, the brief material required, for facts and circumstances of the case, and, the brief background, thereof, insofar as the same are factually and legally germane, for the purposes of the present judgment, should be set forth, as under, for deciding the merits or demerits, and the maintaina...
Bandla Rama Rao and ors. Vs. Secretary, Govt. of A.P. and ors.
Court: Andhra Pradesh
Decided on: Feb-06-2004
Reported in: 2004(4)ALT146
ORDERL. Narasimha Reddy, J.1. An extent of Ac.365.95 cents of land was surrendered by certain landholders under the provisions of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for short 'the Act') in Sy. No. 1 of Bommarajupalli village, Epuru Mandal, Guntur District. At the initiative of the Government, a collective farming society by name Bommarajupalli Co-operative Joint Farming Society Limited, the 5th respondent (for short 'the society') was formed and the entire land of Ac.365.95 cents was assigned to the Society for cultivation. Petitioners held about Ac.26.5 of land by the side of the land, which was surrendered under the Act. While handing over the possession of the Ac.365.95 cents of land to the Society, the possession of the lands of the petitioners were also delivered in the year 1991.2. Soon thereafter, the petitioners made representations to the Collector and other revenue authorities for restoration of the land. The Revenue Divisional Officer, the 3r...
L. Royal Reddy and ors. Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Feb-05-2004
Reported in: AIR2004AP347; 2004(2)ALD225; 2004(2)ALT210
Motilal B. Naik, J. 1. All these matters initially fell for consideration before a Division Bench of this Court. On the basis of submissions made by the learned Senior Counsel appearing on behalf of the petitioners that in view of the law laid down by the Supreme Court in M. Narasimhaiah v. Deputy Commissioner for Transport, Bangalore : [1988]2SCR10 , and later decision of Full Bench of this Court in Kanapala Rama Rao v. Regional Transport Officer, Srikakulam : 2001(6)ALD402 , which held that even if the motor vehicles are found to be plied in violation of conditions of permits, the State is not entitled to collect tax at higher rate and that the law laid down by the two Full Benches of this Court in Y. Peda Venkaiah v. the Regional Transport Officer, Nellore : AIR1977AP227 , and in V, Govindarajulu v. The Regional Transport Officer, Anantapur : AIR1986AP7 , is no longer good law, the Division Bench faced some difficulty in declaring the decision of two Full Benches of this Court in Y,...
Hyderabad Engineering Industries Vs. A.P. Industry Facilitation Counci ...
Court: Andhra Pradesh
Decided on: Feb-05-2004
Reported in: III(2004)BC168; [2004]120CompCas195(AP); [2004]55SCL715(AP)
V.V.S. Rao, J.1. The petitioner is a company registered under the Companies Act, 1956 (hereafter called 'the company'). The present writ petition is filed assailing the order of the first respondent, namely, the A. P. Industry Facilitation Council, in Case No. 29/3/3/53, dated September 29, 2003. Be it noted that the first respondent is a body constituted under the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 (hereafter called 'the 1993 Act').2. The petitioner-company is a unit of M/s. Jay Engineering Industries, New Delhi. The second respondent-company filed a claim petition before first respondent claiming interest on delayed payments under the 1993 Act. It is a small scale industry registered with the District Industries Centre, engaged in the manufacturing of die-casted fans components. The second respondent filed a claim petition under Section 6 of the 1993 Act before the first respondent alleging that the petitioner-company placed tw...
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