Andhra Pradesh Court March 2004 Judgments
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Apsrtc Vs. Poleboina Gurvaiah (Died) by Lrs. and ors.
Court: Andhra Pradesh
Decided on: Mar-08-2004
Reported in: 2004(3)ALD783; 2004(3)ALT165
ORDERL. Narasimha Reddy, J.1. In all these revisions, similar orders passed by the Court of Senior Civil Judge, Suryapet in various execution petitions filed in O.P. No. 81 of 1984, dated 20.2.2003 are challenged.2. The lands of the respondents in all these revisions were notified for acquisition for the benefit of APSRTC under the Land Acquisition Act (hereinafter referred to as 'Act'). Notification under Section 4(1) of the Act was published on 7.7.1977. The Land Acquisition Officer took up the award enquiry and passed the common award dated 11.9.1980 awarding compensation at the rate of Rs. 7,500/- per acre. The respondents submitted representations to the Land Acquisition Officer to refer the matters to Civil Court under Section 18 of the Act, not, being satisfied with the compensation awarded by the Land Acquisition Officer. The matters were referred to the Court of Senior Civil Judge, Suryapet (for short, 'the Civil Court') under Section 18 and all such claims were dealt with in ...
Ch. Rukma Reddy and ors. Vs. K. Dharma Reddy and ors.
Court: Andhra Pradesh
Decided on: Mar-08-2004
Reported in: 2004(3)ALD772; 2004(4)ALT241
ORDERL. Narasimha Reddy, J.1. Respondents 1 and 2 filed OS No. 30 of 1995 in the Court of Junior Civil Judge, Miryalaguda against the appellant and two others for the relief of permanent injunction in respect of the suit schedule property. Through its judgment, dated 11-9-2000, the Trial Court dismissed the suit. Respondents 1 and 2 filed A.S. No. 18 of 2000 in the Court of the Senior Civil Judge, Miryalaguda. The first Appellate Court allowed the appeal through its judgment, dated 30-10-2003 and granted permanent injunction. The 1st defendant filed this second appeal challenging the judgment and decree of the first Appellate Court in AS No. 18 of 2000. He died after the appeal was presented and his legal representatives are brought on record as Appellants 2 to 5.2. Sri P. Prabhakar Rao, learned Counsel for the appellant submits that the Trial Court had dismissed the suit, recording a finding that Respondents 1 and 2 are not in possession and enjoyment of the suit schedule property and...
Sattaram Manemma W/O. Bal Reddy Vs. Maddigatla Balaiah S/O. Chennappa,
Court: Andhra Pradesh
Decided on: Mar-08-2004
Reported in: AIR2005AP14; 2004(4)ALD634
C.Y. Somayajulu, J. 1. This second appeal is preferred by the defendant in O.S. No. 25 of 1991 on the file of the Court of the Senior Civil Judge at Nagarkurnool, which is a suit filed by the respondents for specific performance of an agreement of sale dated 23.01.1989 executed by the appellant in their favour in respect of the plaint schedule property and for a consequential injunction. 2. The case of the respondents is that appellant entered into an agreement to sell the plaint schedule property for Rs. 29,021.25 ps at Rs. 5,450/- per acre and received Rs. 24,000/- as advance and having agreed to receive the balance amount due on or before 23.11.1989 put them in possession of the plaint schedule property. Though they offered to pay the amount due to the appellant she was postponing to receive the same, and so, they got issued a registered notice to her, and she having received the same did not send a reply. The case of the appellant is that the agreement relied on by the respondents ...
R.C. Mall, A.P. Paper Mills Ltd. and anr. Vs. B. Sivaram Murthy
Court: Andhra Pradesh
Decided on: Mar-08-2004
Reported in: 2004(1)ALD(Cri)820
B. Seshasayana Reddy, J.1. This Criminal Revision Case is directed against the order dated 22-12-2003 on the file of the learned III Additional Judicial First Class Magistrate, Rajahmundry, whereby the learned Magistrate dismissed the petition filed by the accused under Section 245 and 468 of Code of Criminal Procedure.2. The petitioners herein are A1 and A2 in C.C. No. 487 of 2002. The said C.C. arise out of the complaint presented by the 1st respondent herein alleging inter alia that the petitioners contravened certain provisions of the Factories Act, whereby rendered themselves punishable under Section 92 of the Factories Act. The petitioners-accused filed Criminal Miscellaneous Petition No. 9585 of 2003 under Section 245 and 468 of Code of Criminal Procedure seeking discharge on the ground that the complaint filed by the complainant-1st respondent herein is barred by limitation. The learned Magistrate on considering the material on record did not find any merit in plea put forth by...
inguva Saraswathi Vs. S. Vaddemani Sivarama Krishna Rao and ors.
Court: Andhra Pradesh
Decided on: Mar-08-2004
Reported in: 2004(4)ALD216; 2004(2)ALT510
D.S.R. Varma, J.1.This appeal suit is directed against the judgment and decree, dated 20.4.1996, in O.S. No. 17 of 1989, passed by the Subordinate Judge at Rajampet, Cuddapah District.2. The unsuccessful plaintiff is the appellant herein. The suit was filed for declaration of right and title of the plaintiff and the fifth defendant over plaint A and B schedule properties, for delivery of possession thereof after evicting the Defendants 1 to 4 and for mesne profits.3. For the sake of convenience, the parties will be referred to as arrayed in the suit,4. The suit was originally instituted by one Sridharam Venkataramaiah, who died during the pendency of the trial. Hence, the second plaintiff came on record as legatee of the deceased first plaintiff through a Will, dated 17.4.1989, and continued the suit and consequently, the plaint was also amended. Inasmuch as the original plaintiff died, the averments made in the original plaint are of not much significant and since the second plaintiff...
Reserve Bank of India Vs. Joint Registrar/District Co-operative Office ...
Court: Andhra Pradesh
Decided on: Mar-08-2004
Reported in: 2004(6)ALD699; 2004(6)ALT335; [2005]125CompCas790(AP)
G. Rohini, J.1. The Reserve Bank of India preferred this writ appeal aggrieved by the order of the learned Single Judge dated 17.12.2003 in W.P. No. 18519 of2003.2. The 4th respondent herein, who is the Chairman of the 3rd respondent-Hyderabad Co-operative Bank Limited, Yakutpura, Hyderabad, filed the Writ Petition to quash the notice dated 28.8.2003 issued by the 1st respondent - Joint Registrar District Co-operative Officer, Hyderabad, whereunder the 4th respondent and other members of the Board of Directors of the Bank were called upon to show-cause as to why an order shall not be passed superseding the Board of Directors under Section 34 of A.P. Co-operative Societies Act, 1964 (for short 'the Act').3. The 4th respondent-Writ Petitioner pleaded that the 3rd respondent-Bank was established with due registration under the Act and it has been operating after obtaining necessary permission from the Reserve Bank of India in compliance with the Banking norms. It appears that during the m...
Bandari Pushpamma Vs. Bandari Krishna and ors.
Court: Andhra Pradesh
Decided on: Mar-05-2004
Reported in: 2004(2)ALD712
E. Dharma RAO, J.1. This Letters Patent Appeal is directed against the order dated 5-8-1999 passed by a learned Single Judge of this Court in Review C.M.P. No. 16820 of 1998 in A.S. No. 2619 of 1996. The said petition was filed by the respondents herein to set-aside the order dated 17-7-1998 passed by the learned Single Judge in the appeal and to restore the appeal. The learned Single Judge by the impugned order instead of passing orders in the said CMP disposed of the appeal itself by allowing it.2. The facts leading to the filing of this appeal may briefly be stated as under:3. The appellant herein is the plaintiff. The Respondents 1 and 2 herein are Defendants 1 and 2 and they are the brothers of the plaintiff, while the third respondent-defendant is the sister of the plaintiff. Originally, the appellant-plaintiff filed the suit in O.S. No. 63 of 1988 on the file of the Additional Subordinate Judge, Saroornagar, Ranga Reddy District for partition of the suit scheduled property and f...
Ganapuram Bramaramba and ors. Vs. Anneparthy Anantharamaiah and ors.
Court: Andhra Pradesh
Decided on: Mar-05-2004
Reported in: AIR2004AP315; 2004(2)ALD718; 2004(5)ALT597
L. Narasimha Reddy, J.1. Parties are referred to as arrayed in the suit.2. Defendants in O.S. No. 93 of 1996 on the file of Junior Civil Judge, Miryalaguda are appellants herein. Plaintiffs' filed the suit against the defendants for permanent injunction in respect of 'A' & 'B' suit schedule properties. According to them, the first plaintiff is in possession and enjoyment of plaint 'A' schedule property comprising Ac.20.10 guntas and the second plaintiff is in possession and enjoyment of plaint 'B' schedule property over an extent of Ac.4.15 guntas. The defendants disputed the claim of the plaintiffs'. According to them, both the items of property were held by one Mr. Narayana Rao and after his death, they have succeeded to his rights. It was their case that they never parted with the land in any manner and taking advantage of their close relationship with the family, plaintiff's 1 and 2 filed this suit.3. The first plaintiff was examined in part as P.W.I. Since he was not subjected to ...
B. Krishna Rao Vs. M. William Carey and ors.
Court: Andhra Pradesh
Decided on: Mar-05-2004
Reported in: 2004(3)ALD222; 2004(3)ALT579
Bilal Nazki, J 1. This is a writ petition filed against the order passed by the Andhra Pradesh Administrative Tribunal, Hyderabad in O.A. No. 8393 of 2000 on 17.11.2003, 4th respondent before the Tribunal is the writ petitioner herein and the applicant before the Tribunal is 1st respondent in this writ petition.2. The 1st respondent challenged the promotion of the writ petitioner as Head of Section, Pharmacy vide G.O. Rt. No. 669, dated 20.9.2000 on the ground that it was illegal, arbitrary and contrary to the Education Regulations, 1991 framed under Pharmacy Act, 1948. The 1st respondent contended that he possesses Master of Pharmacy and was appointed as an Associate Lecturer which was later redesignated as Lecturer. He was now working as a Lecturer in Pharmacy, SGPR Government Polytechnic College, Kurnool. For promotion to the post of Head of Section in Polytechnic, a candidate should possess a degree in the respective branch as per the rules framed in G.O. Ms. No. 1146, GAD, dated 1...
Sughra Bee Vs. Kareez Fatima Qureshi
Court: Andhra Pradesh
Decided on: Mar-05-2004
Reported in: 2004(3)ALD821; 2004(3)ALT704
P.S. Narayana, J.1. The unsuccessful defendant in both the Courts below is the appellant. The respondent/plaintiff filed the suit OS No. 2070/90 on the file of III Assistant Judge, City Civil Court, Hyderabad for the relief of specific performance of contract of agreement of sale praying the Court to direct the appellant herein/ defendant to execute the sale deed in respect of the plaint schedule property and also to deliver possession of the said property. The suit was decreed by the learned Judge, with costs by judgment dated 8-7-1996. Aggrieved by the same, the unsuccessful defendant had carried the matter by way of Appeal A.S. No. 202/96 on the file of n Additional Chief Judge, City Civil Court Hyderabad and by judgment dated 4-8-2000, the Appellate Court had dismissed the appeal confirming the judgment and decree of the Trial Court. Aggrieved by the same, the present Second Appeal was preferred by the unsuccessful defendant in both the Courts below.2. Sri Vedula Venkata Ramana, th...