Andhra Pradesh Court March 2004 Judgments
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Pragnapuram Indira Vs. Akkinapally Parvathamma and ors.
Court: Andhra Pradesh
Decided on: Mar-17-2004
Reported in: 2004(3)ALD38
ORDERL. Narasimha Reddy, J.1. In the elections held on 17.8.2001 to the Gram Panchayat of Narketpalli Village, the petitioner, Respondents 1, 2 and 3 and others contested for the office of Sarpanch. The Respondent No. 3 was elected as Sarpanch. Challenging her election, the Respondents 1 and 2 filed O.P. No. 8 of 2001 on the file of the Election Tribunal-cum-Junior Civil Judge at Nalgonda. The trial of the O.P. is in progress.2. The petitioner herein filed IA No. 1143 of 2001 to get herself impleaded as Respondent No. 7 to the O.P. The Tribunal rejected the same through its order, dated 4.4.2002. Hence, this revision.3. Sri P. Jagadesh Chandra Prasad, learned Counsel for the petitioner submits that there is nothing in law, which prohibits impleading of one of the candidates in an election petition and in fact, the petitioner wanted to support the claim of the Respondents 1 and 2 who figured as the election petitioners. He submits that the Respondents 1 and 2 themselves ought to have im...
P. Divya Vs. P. Jayender Rao and anr.
Court: Andhra Pradesh
Decided on: Mar-17-2004
Reported in: 2004(3)ALD553; 2004(3)ALT325
Narasimha Reddy, J.1. This CMA demonstrates the extent to which the Courts have become vulnerable to frivolous litigation. It is the instance of this nature that are shaking the faith and confidence of the citizens in the efficacy of the Courts.2. One Mr. Nagender Rao had two sons, by name, Jayender Rao and Suchender Rao and two daughters, by name, Indira and Nagamani. Indira filed O.S. No. 88 of 1991 in the Court of the IV Senior Civil Judge, City Civil Court, Hyderabad for partition of the joint family properties. She impleaded her father, mother, two brothers and a sister as defendants. The parties entered into compromise and a decree in terms of the compromise came to be passed on 29-4-1992. The Appellant herein is the daughter of Dr. Suchender Rao, who figured as Defendant No. 4 in O.S. No. 88 of 1991, and is second respondent in this C.M.A.3. Under the compromise decree, the house in possession of the second respondent fell to the share of the other brother, by name, Jayender Rao...
In Re: Itw Signodge India Ltd.
Court: Andhra Pradesh
Decided on: Mar-17-2004
Reported in: 2004(3)ALT169; [2004]121CompCas66(AP); [2004]52SCL147(AP)
N.V. Ramana, J.1. This Company Petition has been filed by M/s. ITW Signode India Limited (Transferee Company)) under Sections 391 - 394 of the Companies Act, 1956 (for short 'the Companies Act') seeking approval of the Scheme of Arrangement between it and M/s. ITW Delfast Private Limited (Transferor Company).2. The Transferee Company was incorporated on 30-11-1979 under the provisions of the Companies Act as a Private Limited Company in the name and style of M/s. Nagarjuna Strapping Systems Private Limited and on 21-4-1981 the name was changed as M/s. Nagarjuna Signode Private Limited. On 10-7-1981 the company was converted into Public Limited Company in the name and style of M/s. Nagarjuna Signode Limited and subsequently, w.e.f. 30-1-1992 the name was changed to the present one.3. The Transferee Company, as is reflected by its Memorandum of Association, was incorporated with the main objects of establishing, owning or acquiring ferrous and non-ferrous metal melting furnaces and rolli...
Hyderabad Tulaman Limited Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Mar-16-2004
Reported in: 2004(3)ALD39
ORDERL. Narasimha Reddy, J.1. Petitioner is an Industry, established in the year 1968, for the manufacture of mechanical and electronic weighing machines. The Director of Industries allotted an extent of Ac.3.30 gts., of land in Sy.No.30, Balanagar Township. Thereafter, the A.P. Industrial and Infrastructure Corporation (APIIC), came into existence to manage and handle all the industrial estates. On the basis of the previous allotment made by the Government in the year 1968, the APIIC executed a sale deed dated 7-8-1976 In the meanwhile, the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as 'the Act'), came into force As required under Section 6(1) of the Act, the petitioner submitted a declaration, in respect of a land held by it, in the year 1976 itself 24 years thereafter, the Special Officer and Competent Authority, Urban Land Ceilings, Hyderabad, the 5th respondent, passed an order dated 13-11-2000 under Section 8(4) of the Act, declaring that the petitione...
Ravipati Venkata Krishna Rao Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Mar-16-2004
Reported in: 2004(3)ALD300; 2004(4)ALT616
ORDERL. Narasimha Reddy, J.1. Petitioner held various extents of agricultural lands in two villages namely: Kurukallapalli and Dangeru of East Godavari District. As required under the provisions of the A.P. Land Reforms (Ceiling on Agricultural holdings) Act, 1973, (hereinafter referred to as 'the Act') the petitioner filed a declaration. It was determined that he holds an extent of 0.5482 standard holding in excess of ceiling limits. Proceedings were initiated for taking possession of the excess land.2. Petitioner offered to surrender his lands in Sy.Nos. 82 and 85/1 to 4 of Kurukallapalli and the land in Sy.No. 230/1 of Dangeru Village. The Land Reforms Tribunal (for short, LRT) refused to accept the said lands through its order dated 7.6.1990. Aggrieved thereby, the petitioner filed LRA No. 165 of 1990 before the Land Reforms Appellate Tribunal, East Godavari at Kakinada (for short, LRAT). The LRAT dismissed the appeal through its order dated 2.6.1994. Hence this revision.3. Learned...
G. Rajesh Vs. Bharat Petroleum Corporation Limited and ors.
Court: Andhra Pradesh
Decided on: Mar-16-2004
Reported in: 2004(3)ALD411; 2004(3)ALT636; 2005(1)CTLJ169(AP)
ORDERL. Narasimha Reddy, J.1. The petitioner was issued a letter of intent by the Bharat Petroleum Corporation Limited, 1st respondent herein, on 18-1-1993 permitting him to start a petroleum outlet at Kukatpally, Hyderabad. The entire establishment was to be undertaken by the 1st respondent, and the invested amount was required to be paid in (100) instalments. The letter of intent is said to have been issued as a measure of providing benefits to 'Socially Objective Category'.2. Steps were taken to secure suitable land at Kukatpally with the A.P. Housing Board, the 4th respondent, and Government of A.P. in the Housing and Municipal Administration Department, the 3rd respondent. After certain correspondence, a plot of 1,500 sq. yards abutting National Highway No. 9, was allotted by the 4th respondent in favour of the 1st respondent at a concessional rate of Rs. 700/- per sq.yard. The outlet started operating from the year 1995.3. Public interest litigation was initiated before the Supre...
Gudivada Mahalakshmi Vs. Rajana Atchayya (Died) Per Lrs.
Court: Andhra Pradesh
Decided on: Mar-16-2004
Reported in: AIR2005AP7; 2004(3)ALD296
E. Dharma Rao, J.1. Aggrieved of the judgment and decree dated 31.7.1997 passed in A.S. No. 10 of 1991 by the learned Subordinate Judge, Chodavaram, reversing the judgment and decree dated 26.11.1990 passed in OS No. 421 of 1987 by the learned District Munsif, Narasipatnam, the present Second Appeal is filed by the plaintiff in the suit.2. The suit was filed for recovery of an amount of Rs. 4,580/- with subsequent interest, from the defendant. The case of the plaintiff is that the defendant borrowed an amount of Rs. 4,000/- for purchasing an engine and executed a promissory note agreeing to repay the same with interest at 6% p.a. When the defendant failed to repay the amount inspite of several demands, the plaintiff got issued a legal notice dated 16.12.1986, which was replied by the defendant with false contentions on 12.3.1986, the plaintiff came up with the suit. The plaintiff also claims that her husband died and she is having five sons and one daughter and the family has only Ac.5...
Nandipati Aruna Kumatri W/O Late Narayana Reddy and ors. Vs. Andhra Ba ...
Court: Andhra Pradesh
Decided on: Mar-16-2004
Reported in: III(2004)ACC838; 2006ACJ458
C.Y. Somayajulu, J.1. Appellants who are the widow, children and parents of Narayana Reddy (the deceased), aged about 40years and drawing about Rs.5,000/- p.m. as salary as an officer in the 1st respondent-bank, who died in a motor vehicles accident that occurred on 2.6.1992 due to the rash and negligent driving of the driver of jeep bearing No. ADQ 3353 belonging to the first respondent and insured with the second respondent, have filed a claim petition seeking compensation of Rs.8,00,000/-, from the respondents. First respondent filed its counter contending that since the jeep involved in the accident was insured with the second respondent, second respondent alone has to pay the compensation payable, and that the compensation claimed by the appellants is excessive. Second respondent filed a counter putting the appellants to proof of the allegations in the petition.2. In support of their case, appellants examined the first appellant as P.W.1 and an officer of the bank, who was traveli...
Krishnam Raju Finances, a Proprietory Concern, Rep. by Its Prop. Krish ...
Court: Andhra Pradesh
Decided on: Mar-16-2004
Reported in: 2004(1)ALD(Cri)546; IV(2004)BC146; [2006]129CompCas33(AP); 2004CriLJ4019
C.V. Ramulu, J.1. This appeal is filed under Section 378(4) of the Code of Criminal Procedure aggrieved by the Judgment dated 18-8-1997 in C.C.No.165 of 1997 on the file of the Court of XV Metropolitan Magistrate, Hyderabad, wherein the complaint filed by the appellant herein to punish the accused under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act') was rejected and the accused was acquitted under Section 255(1) of the Code of Criminal Procedure.2. The case of the complainant, in brief, is as under:The complainant was dealing with financial business and the accused obtained a loan of Rs.30,000/- from it. Since the loan amount was not paid within a specific period, on demand, the accused issued cheques bearing Nos.0175036 an 0175038 for Rs.1,000/- and for Rs.34,927/- respectively on 30-11-1996 drawn on the Andhra Pradesh State Cooperative Bank Limited, Hyderabad. The cheques were presented for collection on 7-12-1996, but they were returned with endorsement 'i...
Al-murtaza Educational and Charitable Trust Vs. Secretary, A.P. State ...
Court: Andhra Pradesh
Decided on: Mar-16-2004
Reported in: 2004(4)ALD145
ORDERA. Gopal Reddy, J.1. The issue that arises for adjudication in all the writ petitions is one and the same. Hence, it is felt expedient to dispose of them by this common order.2. Responding to the notification issued by Andhra Pradesh State Council of Higher Education (APSCHE) inviting applications for establishment of Degree Colleges in the State of Andhra Pradesh including Nizamabad District, the petitioner-AL Murtaza Educational and Charitable Trust, Nizamabad (for short 'the petitioner-Trust') applied for establishment of 'Golden Jubilee Evening Degree College' in Nizamabad District for the academic year 2003-2004. APSCHE rejected the application of the petitioner-Trust by its order dated 23-4-2003 stating that the proposal for starting new private degree college in the afternoon session cannot be considered as per the policy of the Government. Aggrieved by the same, the petitioner-Trust made a representation to the Government seeking permission for starting Evening Degree Coll...
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