Andhra Pradesh Court April 2004 Judgments
G.V. Jayachandra Chowdary and ors. Vs. Government of Andhra Pradesh an ...
Court: Andhra Pradesh
Decided on: Apr-30-2004
Reported in: 2004(3)ALD474; 2004(3)ALT417
B. Sudershan Reddy, J.1. In this second round of litigation the constitutional validity of Section 12-A of the Andhra Pradesh Co-operative Societies Act, 1964 (Act No. 7 of 1964) (for short 'the Act') as substituted by Act No. 16 of 2003 is once again challenged and put in issue. The attack is based upon more or less similar grounds that were raised in the previous round of litigation that resulted in the decision in M. Krishnama Naidu and Ors. v. State of A.P., : 2003(5)ALD516 (DB).Factual backdrop:2. The petitioners herein are mainly aggrieved by the action of the respondents in proposing to transfer the assets or assets and liabilities of the co-operative sugar factories in question, in whole or in part, to any other society or person, etc. The orders passed by the Registrar of Co-operative Societies, Andhra Pradesh under Section 12-A(1) of the Act in purported public interest are challenged; and so also the consequential proceedings about which we shall refer in detail hereinafter....
Tag this Judgment!Hindustan Petroleum Corporation Limited and ors. Vs. Ali Jafaar and or ...
Court: Andhra Pradesh
Decided on: Apr-30-2004
Reported in: 2004(3)ALD463; 2004(3)ALT371
B. Sudershan Reddy, J.1. This appeal is preferred against the judgment of the learned Single Judge dated 1-9-2003 passed in the Writ Petition No. 6329 of 2003.Briefly stated the facts are as follows:2. One late Smt. Sakina Bai Hazi Abdulla was the true and absolute owner of the land admeasuring 1225 Sq.yds. situated in Municipal No. 10-3-5, Mehdipatnam Cross Roads, Hyderabad (for short 'the said land'). The respondents/writ petitioners claim to be her legal heirs.3. The said land was leased to the predecessor of the appellant M/s. Hindustan Petroleum Corporation Ltd., namely M/s. Esso Standard Inc. by the original owner on 1-2-1970. The lease agreement was effective from 1-4-1970 for a period of ten years (first five years rental @ Rs. 400/- per month and the next five years rental @ Rs. 450/- per month). That there was a renewal option in the said lease agreement for a further period of ten years. The renewal option was accordingly exercised by the lessee vide letter dated 20-11-1979....
Tag this Judgment!Asia Vision Entertainment Limited Vs. Suresh Productions and ors.
Court: Andhra Pradesh
Decided on: Apr-30-2004
Reported in: 2004(3)ALD874
L. Narasimha Reddy, J. 1. These two appeals are filed against the order dated 10-2-2004 passed by the learned Chief Judge, City Civil Court, Hyderabad, in I.A. No. 4069 of 2003 in O.S. No. 392 of 2003. C.M.A. No. 1239 of 2004 is filed by Defendant No. 1 and C.M.A. No. 1133 of 2004 is filed by Defendant No. 3 in the suit. For the sake of convenience, the parties are referred to as arrayed in the suit.2. Plaintiffs 1 to 4 are engaged in the business and activity of production, distribution and exhibition of cinematography films in various languages in the country. They filed O.S. No. 392 of 2003 for the relief of declaration that Defendants 1 to 4, have no manner of right, title or interest in the copy rights in respect of as many as 16 films, mentioned in the schedule (hereinafter referred to as 'the Films'), and for a consequential decree of perpetual injunction against Defendants 1 to 4, from telecasting the said films, or dealing with, in any manner, and from interfering with the enj...
Tag this Judgment!Dinkar Bhole Vs. Commissioner of Land Reforms and Urban Land Ceilings ...
Court: Andhra Pradesh
Decided on: Apr-30-2004
Reported in: 2004(3)ALD805; 2004(4)ALT326
ORDERV.V.S. Rao, J.1. The petitioner is the owner of urban vacant land in S.Nos. 30, 31, 33, 39, 40 and 41 situated at Yousufguda of Golconda Mandal in Hyderabad District. After coming into force of the Urban Land (Ceiling and Regulation) Act, 1976 (for short, the Act), petitioner filed a declaration under Section 6 of the Act before second respondent. His mother and brothers also filed separate declarations. It is the case of the petitioner that along with the declarations, his family members also express that they would like to utilise the vacant land for the purpose of construction of dwelling units for accommodation of persons belonging to weaker sections of society in accordance with the scheme to be approved by the authority. To do so, they were required to approach the authority under Section 21 of the Act seeking permission to use the excess vacant land for the purpose of community, but they could not do so. The petitioner alleges mat the land in question was subject-matter of ...
Tag this Judgment!Smt. Ashraf Unnisa and ors. Vs. K. Lakshmaiah (Died) and ors.
Court: Andhra Pradesh
Decided on: Apr-30-2004
Reported in: 2004(5)ALD209; 2004(4)ALT578
ORDERG. Yethirajulu, J.1. The petitioners in both the revisions are the landholders and the respondents are the heirs of Kotla Laxmaiah, a Protected Tenant claiming permanent tenancy through him.2. The revision petitioners and two others by name Abdul Hameed and Abdul Wajid filed an application under Section 28(2) of Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (for brevity 'the Act') before the Tahsildar, Ibrahimpatnam on 30-12-1972 bearing file No.C3/557/73 for recovery of arrears of rent against the protected tenant Kotla Laxmaiah for the years 1969 to 1972 in respect of Survey Nos.19, 26, 27, 28, 29, 31/A, 32, 37, 38, 39, 40, 67, 73 and 74 situated in Manchal village. They also filed another petition on 30-12-1972 before the Tahsildar under Section 19(2) (a) (i) of the Act for eviction of the protected tenant bearing file No.C3/558/73. Subsequently, on 30-12-1974 they filed another petition along with a statement of arrears of rent requesting for handing...
Tag this Judgment!P. Venkateswara Rao and anr. Vs. the State of A.P., Rep. by Public Pro ...
Court: Andhra Pradesh
Decided on: Apr-30-2004
Reported in: 2004(2)ALD(Cri)108; 2004CriLJ3384
ORDERBilal Nazki, J. 1. These revisions have been referred to us by a learned single Judge of this Court by his order dt. 23.4.2003 as he was not able to agree with the law laid down earlier by a learned single Judge of this Court in an unreported judgment in W.P. No. 11259 of 2000, dt. 2.8.2001. 2. The short question involved is whether a police officer can approach the Collector under Section 6A of the Essential Commodities Act (for short 'the E.C. Act'). One of the present cases pertains to the Fertilizer (Control) Order, 1985 promulgated in terms of Section 3 of the E.C. Act and another relates to Insecticides (Price, Stock, Display and Submission of Reports) Order, 1986. The case which was considered by the learned single Judge in W.P. No. 11259 of 2000 fell under Fertilizer (Control) Order and he felt that in terms of Clause 27 of the Fertilizer (Control) Order there had been no notification conferring any powers to the police officers belonging to the vigilance cell, therefore t...
Tag this Judgment!K. Krishna Appala Naidu Vs. B. Sohanlal and ors.
Court: Andhra Pradesh
Decided on: Apr-30-2004
Reported in: AIR2004AP439
N.V. Ramana, J. 1. This C.R.P. is directed against the order dated 5-1-2004, passed by the Principal Junior Civil Judge, West and South, Ranga Reddy District, dismissing the application I.A. No. 2840 of 2003, filed by the petitioners in O.S. No. 932 of 2002, for calling the document, namely carbon copy of the Memorandum of Settlement Deed lying with the Mandal Revenue Officer, Serilingampally, Ranga Reddy District.2. The case of the petitioner, who is one of the defendants in the suit is that they are in peaceful possession and enjoyment of the suit schedule property. According to them, the suit schedule property belongs to one Anantha Ram, who died leaving behind him, his wife Sattemma as legal heir. Subsequently, Sattemma died. Anantha Ram and Sattemma died childless. Anantha Ram is having one brother and sister. After the death of Anantha Ram and Sattemma, the property devolved upon their legal representatives. There was a settlement among the legal heirs, and a Memorandum of Settle...
Tag this Judgment!The Director, Intermediate Education, Government of A.P. Vs. Rama Prab ...
Court: Andhra Pradesh
Decided on: Apr-30-2004
Reported in: 2004(4)ALT41
ORDERB. Prakash Rao, J. 1. Heard Sri S. Satyanarayana Prasad, the learned Counsel appearing on behalf of the petitioner and Sri Vidyasagar, Sri D.V. Seetarama Murthy, Sri D.V. Subrahmanya Sarma and Smt. K. Udayasree, the learned Counsel appearing on behalf of the contesting respondents.2. Since the issue involved in all these Writ Petitions is common, they are being taken up together for disposal.3. In these writ petitions, filed at the instance of the Director, Intermediate Education, Government of Andhra Pradesh, Nampally, Hyderabad, challenging the very maintainability of proceedings in the contempt applications Nos.482/01, 865/01, 994/01, 964/01 and 962/01 arising out of the common orders passed in O.A. No. 4672/95 dated 02-12-1999 on the file of A.P. Administrative Tribunal, twin questions of importance arise for consideration are viz.,(i) Whether, on the facts and circumstances, the orders of the A.P. Administrative Tribunal on being challenged in a Writ under Article 226 of the ...
Tag this Judgment!Kona Venkanna Vs. District Collector and ors.
Court: Andhra Pradesh
Decided on: Apr-30-2004
Reported in: 2004(4)ALD1; 2004(4)ALT243
ORDERN.V. Ramana, J. 1. The petitioner, by this writ petition, seeks writ of mandamus to declare the Notification dated 25-2-2004 in Ref.G2/261/2004 issued by First Respondent No. 1-District Collector proposing to acquire the land of the Respondent No. 3-Temple in an extent of Ac.2-45 cents in Survey No. 76/1 of Kumarapriyam Village, Pedapudi Mandal, East Godavari District, as illegal, arbitrary and contrary to the instructions issued by the Government in G.O. Ms. No. 363 Revenue (Endts.II) Department, dated 26-4-1999.2. The petitioner claims to be landless poor and a cultivating tenant of Respondent No. 3 in an extent of Ac.2-45 cents in Sy.No. 76/1, Kumarapriyam Village, Pedapudi Mandal, East Godavari District, for more than three decades, and that he has a lease subsisting, which is valid up to 2005, and that he is paying the rents regularly. He is raising crops in the land, and presently there is standing crop. While so, it is the case of the petitioner that Respondent No. 4-Sarpan...
Tag this Judgment!Union of India (Uoi), Rep. by Divisional Railway Manager, South Centra ...
Court: Andhra Pradesh
Decided on: Apr-30-2004
Reported in: I(2005)ACC752; IV(2005)ACC207; 2006ACJ1086; 2004(4)ALD599; 2004(4)ALT277; [2004(102)FLR1082]
D.S.R. Varma, J.1. This is an appeal preferred against the order, dated 26-04-2003, in W.C.No.5 of 2001, passed by the Commissioner for Workmen Compensation and Assistant Commissioner of Labour-II, Guntur. Railways are the appellants in this appeal.2. One late Kotaiah was working as Traffic Gateman at Bellamkonda, in Vijayawada Division of South Central Railway. He was deputed for training at the Divisional Training School, Rajahmundry. He reported for training at Rajahmundry on 18-4-2000. He attended the training class on 18-4-2000 from 9.00 A.M to 12.00 A.M and 2.00 P.M to 5.00 P.M. Late Kotaiah was provided with residential accommodation in the premises attached to the Training School, for the training period.3. Late Kotaiah had developed chest pain at 10.00 p.m on 18-4-2000 in the Training School campus, due to the stress and strain. Nobody was available at that time and no care was taken for the trainees. One J. Koteshwara Rao, a co-trainee of late Kotaiah has taken late Kotaiah t...
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