Andhra Pradesh Court March 2004 Judgments
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Borra Subba Rao (Died) by Lrs. Vs. S. Veerrabhadraiah and ors.
Court: Andhra Pradesh
Decided on: Mar-19-2004
Reported in: 2004(3)ALD289
ORDERL. Narasimha Reddy, J.1. This is an unfortunate case, where the revision needs to be returned, for being presented in an appropriate Court after a lapse of about 16 years from the date of presentation.2. Chandani Satyanarayana, the 2nd respondent herein, was declared insolvent in I.P. No. 7 of 1975 on the file of the Subordinate Judge, Machilipatnam. The properties of the 2nd respondent vested in the Official Receiver, the 3rd respondent herein. One of the items was brought to sale. The 1st respondent, who is one of the creditors, filed I.A. No. 1028 of 1980, raising objection to the validity of the sale effected by the 3rd respondent alleging that the property was sold away at threwaway price and that there was collusion between the 2nd respondent and auction purchaser. After hearing the parties, the Trial Court accepted the contentions of the 1st respondent, and through its order dated 16-3-1988, had set aside the sale. Aggrieved by that order, the auction purchaser, the petitio...
Smt. S. Shakunthala Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Mar-19-2004
Reported in: 2004(1)ALD(Cri)531; 2004CriLJ2906; II(2004)DMC579
B. Seshasayana Reddy, J.1. This Criminal Appeal is directed against the judgment, dated 6-3-2002 passed in S.C. No. 343 of 2001 on the file of the Special Judge for the trial of offences under S.Cs. and S.Ts. (Prevention of Atrocities) Act-cum-VI Additional Metropolitan Sessions Judge, Secunderabad, by which the learned Special Judge convicted A-1-Smt. S. Shakunthala for the offences punishable under Sections 498A and 302 of Indian Penal Code and A-2 for the offences punishable under Sections 498A read with Section 109 of Indian Penal Code and Section 302 of Indian Penal Code and sentenced each of them to suffer rigorous imprisonment for two years and to pay a fine of Rs. 500/-, in default to suffer simple imprisonment for one month for the offences under Sections 498A and 498A read with 109 of Indian Penal Code and imprisonment for life and fine of Rs. l,000/- in default to suffer simple imprisonment for two months for the offence under Section 302 of Indian Penal Code.2. The appellan...
J. Papa Rao Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Mar-18-2004
Reported in: 2004(2)ALD855; 2004(2)ALT663
G. Bikshapathy, J.1. The writ petition is directed against the Orders of the learned Lok Ayukta in Notice Dis.No. 396/ 2002/B-1/Lok/7095/2002, dated 9.3.2002.Backdrop:2. Petitioner submitted a complaint to the learned Lok Ayukta against the Principal Secretary to the Government of Andhra Pradesh and Command Area Development, Hyderabad levelling certain allegations and seeking appropriate action in accordance with the provisions contained in A.P. Lok Ayukta and Upa-Lokayukta Act, 1983(for brevity the 'Act'). The learned Lok Ayukta in his Order dated 2.8.2002 communicated to the petitioner on 9.8.2002 observed thus:'The threshold question that arises for consideration in this case is whether a preliminary enquiry or the investigation be made by this institution against the Principal Secretary to Government (P.S.1) in this case and the Commissioner (CAD) & E.G. Secretary to Government (P.S.2) in view of the judgment of the High Court in 'Santhanam v. State of A.P.' (reported in : 1993(3)A...
Sajja Chimpiraiah Vs. Gaddam Venkata Subbaiah and ors.
Court: Andhra Pradesh
Decided on: Mar-18-2004
Reported in: AIR2004AP528; 2004(3)ALD28; 2004(3)ALT142
ORDERG. Yethirajulu, J.1. CRP No. 92 of 2002 is filed by the second respondent in E.P. No. 46 of 1999 against the order dated 17-9-2001 in E.P. No. 46 of 1999 in O.S. No. 319 of 1972 on the file of the Additional Junior Civil Judge, Parchur.2. CRP No. 2446 of 2002 is also filed by him against the order dated 17-9-2001 of the same Court in LA. No. 269 of 1999 in O.S. No. 319 of 1972.3. Since both the revision petitions relate to the same transaction and in the same suit, the revision petitions are clubbed and this common order is passed.4. The second respondent in CRP No. 92 of 2002 filed O.S. No. 319 of 1972 against the third respondent for specific performance of an agreement of sale dated 26-3-1972 and obtained a decree on 12-1-1977. The first appeal covered by A.S. No. 11 of 1977 preferred by the revision petitioner and the second appeal covered by S.A. No. 78 of 1999 preferred by him before the High Court of A.P. were dismissed and the decree became final.5. As per the terms of the...
S. NooruddIn Vs. Khadam Gnanoba
Court: Andhra Pradesh
Decided on: Mar-18-2004
Reported in: AIR2004AP495; 2004(3)ALD292; 2004(3)ALT795
ORDERD.S.R. Varma, J.1. The order, dated 3.12.2003 passed by the Additional Senior Civil Judge, Kurnool, in E.P. No. 354 of 2002 in O.S. No. 73 of 1994 is hereby challenged.2. Heard the Counsel for the petitioner. The Counsel for the respondent is not present.3. The petitioner is the judgment-debtor and the respondent is the decree-holder.4. For the sake of convenience, the petitioner and the respondent will be hereafter referred to as 'the judgment-debtor and the decree-holder' respectively.5. From the impugned order, it appears that the sale publication was filed on the date of passing of the impugned order. Both the Counsel representing the decree-holder and judgment-debtor were also present on that day and it appears that the judgment-debtor was willing to pay a sum of Rs. 10,000/- and sought for adjournment of the sale. Since the decree-holder did not agree for the same, the Court below proceeded with the sale. It is also pointed out in the impugned order that the E.P. schedule do...
Dairapu Satyanarayana and ors. Vs. Omni Appala Naidu and ors.
Court: Andhra Pradesh
Decided on: Mar-18-2004
Reported in: AIR2004AP520; 2004(3)ALD728; 2004(4)ALT418
ORDERL. Narasimha Reddy, J.1. O.S. No. 72 of 1959 on the file of I Additional District Munsif was filed for the relief of declaration of title and recovery of possession of the suit schedule property therein. The suit was decreed. Thereafter, the matter under went several rounds of adjudication. The decree ultimately became final. The plaintiff died and his legal representatives, being Respondents 1 to 6 were brought on record. Execution Petition (E.P.) 38 of 1968 was filed in the Court of IV Additional District Munsif, Visakhapatnam. Much progress could not be made in the E.P., on account of subsequent proceedings initiated in different Courts, or obstruction caused in the process of delivery of possession.2. The respondents filed an application in the year 1994, with a prayer to order police protection to assist the officers of the Court in effecting delivery of vacant possession, removal of obstructions and demolition of any structures on the suit schedule property. As many as 21 pe...
idam Swarajya Laxmi Vs. Idam Vani and ors.
Court: Andhra Pradesh
Decided on: Mar-18-2004
Reported in: 2004(5)ALD414
V. Eswaraiah, J.1. These two appeals can be disposed of together as the subject matter in both the appeals is one and the same.2. The appellant in A.S.No. 875 of 1999 has preferred the appeal challenging the judgment and decree dated 08-01-1997 in O.S.No. 88 of 1992 on the file of Subordinate Judge, Nalgonda. On the other hand, the appellants in A.S. No. 385 of 1997 have preferred the appeal challenging the judgment and decree dated 08-01-1997 in O.S. No. 20 of 1990 on the file of Subordinate Judge, Nalgonda.3. The appellants in A.S. No. 385 of 1997 are the defendants 1 and 12 in the O.S.No. 20 of 1990 filed by the respondents 1, 2 and 3 herein against the appellants along with the respondents 4 to 13 for partition of plaint 'A' and 'B' schedule properties.4. The first appellant in A.S. No. 385 of 1997 is defendant No. 1 in O.S. No. 20 of 1990 on the file of the Subordinate Judge, Nalgonda. The first appellant in A.S. No. 385 of 1997 is the only appellant in A.S. No. 875 of 1999 and fi...
Canara Bank a nationalized bank constituted and functioning under the ...
Court: Andhra Pradesh
Decided on: Mar-18-2004
Reported in: 2004(4)ALD738; [2004]55SCL686(AP)
ORDERV.V.S. Rao, J.1. M/s. Mopeds India Ltd., was ordered to be wound up by this Court on 17-10-1990. Official Liquidator of this Court issued notice of claim of debt to the creditors. Canara Bank and A.P. State Financial Corporation ('SFC' for brevity) filed their claim petitions. M/s. Mopeds India Ltd. Staff & Workers Union, a registered union represented by its President D. Rangaiah also filed an affidavit claiming workmen's dues. After due determination, Official Liquidator issued a notice of admission of proof of debt of workmen in Form No.70 determining an amount of Rs.1,41,19,125/- towards workmen's dues. Aggrieved by the same, Canara Bank preferred these appeals under Rule 164 of Companies (Court) Rules, 1959 (for short, the Rules).2. Mopeds India Ltd. (now in liquidation) was incorporated under the Companies Act, 1956 on 30-5-1962 as an automobile industry for manufacture of two wheelers. The company has 300 workmen under its control. On 29-9-1987, the company made a reference...
idaIn Sivarajya Laxmi Vs. Idam Vani
Court: Andhra Pradesh
Decided on: Mar-18-2004
Reported in: [2004]140TAXMAN333(AP)
These two appeals can be disposed of together as the subject-matter in both the appeals is one and the same.2. The appellant in A.S. No. 875 of 1999 has preferred the appeal challenging the judgment and decree dated 8-1-1997 in O.S. No. 88 of 1992 on the file of Subordinate Judge, Nalgonda. On the other Viand, the appellants in A.S. No. 385 of 1997 have preferred the appeal challenging the judgment and decree dated 8-1-1997 in O.S. NO. 20 of 1990 on the file of Subordinate Judge, Nalgonda.3. The appellants in A5 No. 385 of1997 are the defendants 1 arid 12 in the O.S. No. 20 of 1990 filed by, the respondents 1, 2 and 3 herein against the appellants along with the respondents 4 to 13 for partition of plaint A and H schedule properties.4. The first appellant in A.S. No. 385 of 1997 is defendant No. 1 in O.S. No. 20 of 1990 on the file of the Subordinate Judge, Nalgonda. The first appellant in A.S. No. 385 of 1997 is the only appellant in A.S. No. 875 of 1999 and filed the suit. in O.S. No...
Chella Chenchaiah Vs. Commissioner, Appeals and ors.
Court: Andhra Pradesh
Decided on: Mar-17-2004
Reported in: 2004(2)ALD648; 2004(2)ALT657
B. Sudershan Reddy, J.1. The unsuccessful petitioner is the appellant in this writ appeal preferred against the order of the learned Single Judge dated 13-4-2003 made in Writ Petition No. 6098 of 2003. The learned Judge dismissed the writ petition at the stage of admission.2. The appellant filed the writ petition assailing the order of the 1st respondent dated 30-12-2002 in exercise of powers under Section. 7(d) of the Andhra Pradesh (Andhra Area) Abolition of Estates and Conversion into Ryotwari Act, 1948 (for short 'the Act') rejecting the claim of the appellant for grant of ryotwari patta in respect of the land admeasuring Acs.9-90 cents in R.S. No. 408/5 and an extent of Ac.18.60 cents in R.S. No. 409 of Renigunta Village, which initially formed part of Srikalahasthi Zamin Estate. The case of the appellant is that he filed an application for grant of patta under Section 11 (a) of the Act before the Settlement Officer, Nellore, with a petition to condone the delay. The application f...
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