Andhra Pradesh Court April 2004 Judgments
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Vanama Veera Bhadraiah Vs. G. Venkataratnam and anr.
Court: Andhra Pradesh
Decided on: Apr-21-2004
Reported in: 2004(3)ALD840; 2004(4)ALT274
ORDERL. Narasimha Reddy, J. 1. This CRP is filed against the order dated 18-6-2002 in LA. No. 122 of 2000 in O.S. No. 667 of 1988 on the file of the Senior Civil Judge, Miryalaguda. The order under revision came to be passed under peculiar circumstances.2. The petitioner filed O.S. No. 809 of 1989 in the Court of the Junior Civil Judge, Miryalaguda against the 2nd respondent for recovery of a sum of Rs. 13,760/-. The suit was decreed on 4-10-1990. Since the decree was not complied with, the petitioner filed E.P. No. 13 of 1991 against the 2nd respondent.3. The 1st respondent filed O.S. No. 667 of 1988 in the Court of the Senior Civil Judge, Miryalaguda against the 2nd respondent for the relief of specific performance of an agreement of sale. A sum of Rs. 8,000/- remained unpaid towards balance of consideration. The 1st respondent volunteered to deposit that amount into the Court, obviously to establish his plea that he was ready and willing to perform his part of contract. The suit was...
D. Suguna Vs. Sri Balaji Venkateswara Swamy Temple and anr.
Court: Andhra Pradesh
Decided on: Apr-21-2004
Reported in: 2004(3)ALD802; 2004(4)ALT407
L. Narasimha Reddy, J.1. This C.M.A is filed against the order of the learned Principal Senior Civil Judge, Ranga Reddy District dated 26-3-2004 in I.A. No. 1909 of 2003 in O.S.No. 910 of 2003.2. The appellant filed O.S. No. 910 of 2003 against the respondents namely, Sri Balaji Venkateswara Swamy Temple, Alwal, Ranga Reddy District and the Assistant Commissioner of Endowments, Ranga Reddy District, seeking the relief of declaration of title and perpetual injunction in respect of the suit schedule property. The suit was filed in the context of initiation of proceedings by the respondents before the Deputy Commissioner of Endowments, Hyderabad in O.A. No. 78 of 2002. In the said proceedings, the appellant was declared as an encroacher and she was directed to be evicted from the premises. The petitioner in a way challenged the findings of the Deputy Commissioner of Endowments in O.A. No. 78 of 2002 in the present suit by availing remedy under Section 84 of the Endowments Act (in short 't...
Sunrise Oleo Chemicals Ltd. Vs. M.U.S. Rao and ors.
Court: Andhra Pradesh
Decided on: Apr-21-2004
Reported in: 2004(4)ALD657; [2004]122CompCas519(AP); [2005]59SCL341(AP)
ORDERT. Ch. Surya Rao, J.1. The official liquidator representing M/s. Sunrise Oleo Chemicals Limited which is in liquidation, filed a complaint under Section 454(5) and (5A) of the Companies Act, 1956 (for short 'the Act').2. It is alleged inter alia that, by an order dated 29-3-2001 in Company Petition No. 67 of 1999, M/s. Sunrise Oleo Chemicals Limited was directed to be wound up and the Official Liquidator attached to the Company Court was appointed as Liquidator thereof. Pursuant to the said orders, he took possession of the factory premises on 2.6.2001 and deputed one of his officials to inspect the registers pertaining to the Company in question. When it revealed names of the accused herein as Ex-Directors of the Company, he sent notices by means of registered post with acknowledgement due to them, calling them upon to file the statement of affairs pertaining to the Company. The notices were served upon Accused Nos. 2 to 5. However, Accused No. 2 informed him by reply letter date...
Nabi Shareef Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Apr-21-2004
Reported in: 2004(1)ALD(Cri)882; II(2004)DMC849
P.S. Narayana, J.1. A-1 in S.C. No. 476/1999 on the file of Metropolitan Sessions Judge, Hyderabad is the appellant. A-1 and A-2 were prosecuted for offences under Sections 498-A and 303, I.P.C and by judgment dated 18.4.2002, A-1 was found guilty of the offence under Section 302,I.P.C and was convicted and sentenced to suffer life imprisonment and A-1 and A-2 were found not guilty of the offence under Section 498A, I.P.C. Aggrieved by the same, A-1 had preferred the present appeal.2. The short episode of the prosecution is as hereunder:Inspector of Police, Shamshergunj Police Station had laid charge-sheet in Crime No. 147/1998 as against A-1 and A-2 for offences under Sections 498A and 302, I.P.C. A-1 is the husband and A-2 is the mother-in-law of Parveen Begum, hereinafter referred to as deceased for the purpose of convenience. The marriage of the deceased was celebrated with A-1 two years prior to her death and they begot a male child out of the said wedlock and she had happy marita...
innovative Pharma Surgicals Vs. Pigeon Medical Devices (P) Ltd. and or ...
Court: Andhra Pradesh
Decided on: Apr-19-2004
Reported in: AIR2004AP310; 2004(3)ALD228; 2004(4)ALT8
Gopala Krishna Tamada, J.1. The point that falls for consideration in this appeal is as to whether an appeal against an ad interim injunction granted under Order 39, Rule 1 C.P.C is maintainable and Order 43, Rule 1(r) C.P.C., is applicable.2. As it has a general importance this Court has given its anxious consideration in disposing of this appeal.3. The appellant is the 4th defendant and Respondents-2 to 5 are Defendants-1 to 3 and 5 and 1st respondent is the plaintiff in the suit. The parties will be referred to as they are arrayed in the suit for the sake of convenience.4. Originally, the plaintiff herein instituted the suit being O.S.88 of 2004 and along with the suit, he filed I.A. No. 620 of 2004 and on hearing the learned Counsel for the plaintiff, the Court below while ordering notice to the defendants, granted ad interim injunction. Aggrieved by the same, the present appeal has been preferred by the 4th defendant.5. The facts in brief are that the 1st defendant being Welch All...
Chitrapu Chinabapanaiah and ors. Vs. Union of India (Uoi)
Court: Andhra Pradesh
Decided on: Apr-19-2004
Reported in: I(2005)ACC822; 2006ACJ2602; AIR2004AP413; 2004(3)ALD692; 2004(4)ALT269
L. Narasimha Reddy, J. 1. This C.M.A. is filed against the order, dated 31-10-2002, of the Railway Claims Tribunal, Secunderabad, in I.A. No. 402 of 2002 in O.A.A. No. 84 of 1998.2. One China Veeramma died on 15-5-1998, on account of her accidental fall from Train No. 7015. The appellants herein namely, the husband (since dead), son and daughter of late Veeramma, filed O.A.A. No. 84 of 1998 before the Tribunal claiming compensation. The claim was contested by the respondent. After taking the rival contentions into account, the Tribunal passed an order dated 18-3-2002, holding that the respondent is under obligation to pay a sum of Rs. 4 lakhs towards compensation, on account of the death of late China Veeramma. Out of Rs. 4 lakhs, the 1st appellant was awarded a sum of Rs. 2 lakhs, 2nd appellant was awarded a sum of Rs. 1.75 lakhs and the 3rd appellant, a sum of Rs. 25,000/-. The amount had since been deposited by the respondent.3. Before the amount could be withdrawn, the 1st appellan...
Bheemati Dawood Vs. Madichetty Rachaiah and ors.
Court: Andhra Pradesh
Decided on: Apr-19-2004
Reported in: 2004(3)ALD798; 2004(4)ALT402
ORDERL. Narasimha Reddy, J.1. This revision is filed under Section 91 of the A.P. (T.A) Tenancy and Agricultural Lands Act, 1950 (hereinafter referred to as 'the Act').2. The petitioner submitted an application under Section 32 of the Act before the Mandal Revenue Officer, Sadasivapet Mandal, Medak District, the 2nd respondent, claiming that his father late Baliga was the protected tenant in respect of lands in Sy.Nos.504, 505 and 506 of Sadasivapet Village and Mandal, admeasuring about 10 acres and the 1st respondent, who is the landlord, is unauthorisedly continuing the possession of the said land. He prayed for restoration of possession to him. The 2nd respondent passed an order dated 8-8-1994, rejecting the claim of the petitioner.3. Aggrieved by the same, the petitioner preferred an appeal before the Revenue Divisional Officer, Sanga Reddy. The appeal was dismissed through orders dated 8-5-1995. Alleging that the proper forum of appeal is the Joint Collector, the 3rd respondent he...
A. Govindarajulu Vs. the State of Andhra Pradesh, Represented by Distr ...
Court: Andhra Pradesh
Decided on: Apr-19-2004
Reported in: 2004(4)ALD536; 2004(5)ALT482
Dharma Rao Elipe, J.1. Aggrieved by the judgment and decree, dated 18.9.2001, passed by the learned Senior Civil Judge, Penukonda, dismissing the appeal in A.S.No.1 of 1999,confirming judgment and decree, dated 28.7.1998, passed by the learned Junior Civil Judge, Penukonda, in O.S.No.17 of 1981, wherein the learned Junior Civil Judge dismissed the suit which was filed against the order of the Sub Collector, Penukonda, dated 1.12.1980, cancelling the order of allotment of the house, which was allotted to the plaintiff, as void and also for grant of permanent injunction restraining the respondents-defendants from interfering with the plaintiff's peaceful possession and enjoyment of the plaint schedule house bearing Door No.1-81 in Plot No.72, situated at G.I.C. Colony, Penukonda.2. The facts of the case are that the defendants have constructed G.I.C. Colony and allotted the plots to the weaker sections in Penukonda town and the plaintiff has been allotted house No.1-81 in Plot No.72 and ...
United India Insurance Co. Ltd. Vs. Purrai Kishore and ors.
Court: Andhra Pradesh
Decided on: Apr-19-2004
Reported in: 2006ACJ1881; 2004(4)ALD238; 2004(5)ALT108
C.Y. Somayajulu, J.1. First respondent through his guardian, filed this claim petition seeking a compensation of Rs. 80,000/-from Respondents 2 to 4 and the appellant alleging that when he was proceeding to school, a car bearing No. AHW T 5677, being driven in a rash and negligent manner by its driver, dashed against and caused injuries and consequent permanent disability to him. Appellant who is impleaded as the insurer of the offending car filed a counter inter alia contending that, the claimant has to establish that the offending car was insured with it by the date of accident. In support of his case, first respondent examined three witnesses as P.Ws.1 to 3 and marked Exs.A1 to A3 and XI. On its behalf, appellant examined one witness as R.W.1 and marked Exs.B1 and B2. The Tribunal holding that the evidence of R.W.1 cannot be taken into consideration and so the appellant failed to establish that the offending vehicle was not insured with it by the date of accident, passed an award fo...
R. Ramakrishna Reddy Vs. M. Kamala Devi and ors.
Court: Andhra Pradesh
Decided on: Apr-19-2004
Reported in: AIR2004AP484; 2004(4)ALD498; 2004(4)ALT539
ORDERC.Y. Somayajulu, J. 1. This revision is preferred against the order dated 7.11.2001 in LA. No. 188 of 2001 in O.S. No. 4 of 1990 on the file of Court of Senior Civil Judge, Nagarkurnool, appointing a Commissioner to make a notional partition of the properties prescribed in the Schedules A to C of the plaint into 18 shares and make a notional allotment in terms of preliminary decree.2. The contention of the learned Counsel for the revision petitioner is that since an appeal in A.S. No. 1154 of 2001 against the preliminary decree in the suit O.S. No. 4 of 1990 is pending in this Court, and since in C.M.P. No. 7353 of 2001, an order of stay of passing of the final decree is passed, the order under revision appointing a Commissioner is violative of the order of this Court in C.M.P. No. 7353 of 2001 in A.S. No. 1154 of 2001, and so the same is liable to be set aside. His next contention is that since the properties covered by the suit are agricultural land, Section 54 C.P.C. would appl...
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