Andhra Pradesh Court July 2004 Judgments
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institute of Chartered Financial Analysts of India Vs. Assistant Super ...
Court: Andhra Pradesh
Decided on: Jul-05-2004
Reported in: AIR2005AP423; 2004(5)ALD173; 2004(5)ALT440
ORDERA. Gopal Reddy, J.1. Both the writ petitions can be disposed of by a common order, since common question of law arises on identical facts.2. The petitioner is a registered institute offering specialized Postgraduate level programmes in financial analysis to cater the growing needs of professionals in the discipline. As a part of academic development to its students both past and present who have passed out of its institute petitioner has started a monthly journal called 'Chartered Financial Analysis ' and registered with the Registrar of Newspapers (RNP) in the year 1995. The magazine was also registered with the Postal Department with Registration Tech/26/RNP/City/127, dated 30-8-2000. Petitioner-institute is also publishing journals, like 'Study @ ICFAI', 'Portfolio Organizer', 'Effective Executive', 'Treasury Management' and 'ICFAI Reader'. All the said magazines are registered with the Registrar of Newspapers and also with the Postal Department and obtained licence from the De...
Mahabubnagar Housing Board, Allottees and Agreement Purchasers Welfare ...
Court: Andhra Pradesh
Decided on: Jul-05-2004
Reported in: 2004(5)ALD235
ORDERC.Y. Somayajulu, J. 1. In a reference under Section 18 of the Land Acquisition Act, 1894 (the Act), by the owner of the land acquired for the benefit of the A.P. Housing Board, some of the allottees from it formed into the revision petitioner association and filed a petition to bring the revision petitioner on record in the said O.P. and the same was dismissed by the order under revision.2. The averments in brief in the affidavit of the General Secretary of the Revision petitioner society, filed in support of IA. No.267 of 2003, are the revision petitioner society was registered in 2003 for the welfare of the allottees and agreement holders from the Housing Board, Mahabubnagar, who are the ultimate beneficiaries of the land acquired by the Housing Board. Since the allottees, while taking possession of the allotted houses agreed to pay the proportionate amount of compensation fixed by the Reference Court, allottees are interested persons and hence are necessary parties to the O.P a...
G. Subbarao and ors. Vs. S. Ramatheertham and anr.
Court: Andhra Pradesh
Decided on: Jul-05-2004
Reported in: 2004(5)ALD398
ORDERL. Narasimha Reddy, J. 1. This civil revision petition is filed against the order dated 19.1.2004 passed by the learned Principal Junior Civil Judge, Parchur, in I.A. No.632 of 2003 in O.S. No.186 of 2000.2. The first respondent filed O.S. No.186 of 2000 against the petitioners and their father, the second respondent, for the relief of specific performance of an agreement. The summons were served upon the petitioners and Respondent No.2. They engaged advocates. However, no written statement was filed by them. The Trial Court ultimately passed an ex parte decree on 3.5.2002.3. The first respondent filed E.P. No.24 of 2003 for execution of the decree. After receiving notices in the E.P. the petitioners as well as their father, the second respondent, entered appearance and filed a common counter-affidavit. At that stage, the petitioners filed an application under Order IX, Rule 13 C.P.C. to set aside the ex parte decree. Since there was a delay of 325 days in filing the application, ...
National Insurance Company Limited Vs. Rangu Anjamma and ors.
Court: Andhra Pradesh
Decided on: Jul-05-2004
Reported in: 2004(5)ALD233
C.Y. Somayajulu, J. 1. Respondents 1 to 3 filed a claim petition seeking compensation of Rs. 1,00,000/- from Respondents 4 and 5 and the appellant herein who are the driver, owner and insurer respectively of the lorry bearing No.AAW-5729 involved in the accident, contending that the deceased-Rangu Veera Venkanna, husband of first respondent, father of second respondent and son of third respondent, received injuries in an accident caused by the lorry AAW 5729 due to the rash and negligent driving of the fourth respondent and succumbed to those injuries. Fourth respondent chose to remain ex parte. Fifth respondent filed counter contesting the claim. Appellant filed its counter contending that it is not the insurer of the lorry bearing No. AAW 5729 involved in the accident. The Tribunal held that Respondents 1 to 3 are entitled to Rs. 50,000/- as compensation and passed an award for that amount against Respondents 4 and 5 and the appellant jointly and severally, on the basis that the appe...
Kalaga Krishna Rao and anr. Vs. Kalaga Dibbaiah @ Surya Rao and ors.
Court: Andhra Pradesh
Decided on: Jul-02-2004
Reported in: 2004(4)ALD783; 2004(5)ALT231
V.V.S. Rao, J. 1.This common order shall dispose of the two civil revision petitions. The petitioners in CRP No. 93 of 2004 are Defendants 1 and 2 in O.S. No. 179 of 1985 on the file of the Court of the Principal Senior Civil Judge, Srikakulam. The suit was filed for partition. The sole petitioner in CRP No. 95 of 2004 is the plaintiff in O.S. No. 23 of 1987 on the file of the same Trial Court, which is also for partition. The learned Trial Judge by a common judgment dated 20.1.2000 dismissed both the suits. Aggrieved by the same, the respondents in both the civil revision petitions filed two separate appeal suits before the Court of District Judge, Srikakulam in March 2000. The Court returned the papers raising certain objections on 3.4.2000. The same was re-presented on 8.7.2003 with a delay of 1183 days. The learned Appellate Judge by order dated 11.8.2003 allowed the I.A. No. 1722 of 2003 out of which CRP No. 93 of 2004 arises, and I.A. No. 1723 of 2003 out of which CRP No. 95 aris...
K. Anjaneyulu S/O. Rajaiah, O/O. Asst. Accounts Officer, E.R.O., N.P. ...
Court: Andhra Pradesh
Decided on: Jul-01-2004
Reported in: 2004(5)ALD102; 2004(4)ALT711
ORDERGoda Raghuram, J.1. All the petitioners, except Petitioner No. 4, are currently working as Typists in the Northern Power Distribution Company of Andhra Pradesh Limited (A.P.N.P.D.C.L.). All the petitioners were appointed as Typists on various dates in March, 1991 and as such completed their probation of two years after their date of entry into service. Independent of their dates of entry, their inter se seniority was fixed on the basis of their ranking they respectively secured at the time of selection pursuant to which, they were appointed as Typists. There is no dispute, among the petitioners as to their inter se seniority positions.2. Respondents 4 to 8 applied for appointment as Lower Division Clerks and on selection, were required to undergo three months training prior to appointment to the post. They had successfully undergone the three months period of training and were appointed as Lower Division Clerks on 11.05.1991, 04.05.1991, 05.05.1991, 05.05.1991 and 04.05.1991 respe...
Dr. Punuru Venka Reddy, S/O. Anki Reddy Vs. Punuru Vijayalakshmi, W/O. ...
Court: Andhra Pradesh
Decided on: Jul-01-2004
Reported in: 2004(5)ALD18; 2004(5)ALT175
P.S. Narayana, J.1. The unsuccessful defendant Dr. Punuru Venka Reddy, who is none other than the husband of the plaintiff-respondent Punuru Vijayalakshmi, preferred this appeal, aggrieved by the judgment and decree dated 02.01.2003 made in O.S. No. 56 of 1997, on the file of learned Senior Civil Judge, Kavali, Nellore District. 2. For the purpose of convenience, the parties will be referred to as plaintiff and defendant as arrayed before the Senior Civil Judge, Kavali. 3. The plaintiff filed the suit for declaration of title, relating to the plaint schedule property and for delivery of possession and also for future mesne profits. On the strength of the respective pleadings of the parties and after settlement of issues, the learned Senior Civil Judge, Kavali, on appreciation of the evidence of P.Ws.1 to 3 and D.Ws.1 to 7 and also Exs.A-1 to A-21 and Exs.B-1 to B-6 and Exs.X-1 to X-7 and Exs.C-1 and C-2, ultimately arrived at the conclusion that the plaintiff is entitled to the reliefs...
Pappasani Narayana Reddy Vs. Mandem Reddappa Reddy
Court: Andhra Pradesh
Decided on: Jul-01-2004
Reported in: AIR2005AP239; 2004(4)ALD703; 2004(5)ALT226
ORDERA. Gopal Reddy, J.1. The petitioner-plaintiff filed this revision petition aggrieved by setting aside the sale ordered in EP No.1/1992 for due execution of decree for recovery of amount obtained by him in OS No.50/81 by the Senior Civil Judge, Kadiri in EA No.40/94 dt. 31-12-2001 as confirmed by the Additional District Judge, Anantapur in CMA No.7/2002 dt. 26-12-2002. 2. This revision raises some points of practical importance in exercising the powers by the civil court under Order 21 Rule 90 of the Code of Civil Procedure (for short 'the Code') to set-aside the sale ordered by it in execution of decree and appropriate procedure for challenging its decision in ordering sale.3. On filing EP No.1/92 by the petitioner-Decree Holder to sell the EP schedule property for due recovery of the decretal amount, the executing court ordered sale notice to the respondent-Judgment Debtor. He engaged an advocate to defend his case. On failure of his filing counter, he was set ex parte and EP was...
Gunnam Venkateswara Rao S/O. Veeranna Vs. Vetcha Vanaja Kumari W/O. La ...
Court: Andhra Pradesh
Decided on: Jul-01-2004
Reported in: 2004(4)ALD786
ORDERL. Narasimha Reddy, J.1. This civil revision petition is filed against the order dated 16.2.2004 passed by the learned I Additional Junior Civil Judge, Kakinada in I.A. No. 674 of 2003.2. One Grandhi Ammanna filed O.S. No. 1135 of 1999 against the petitioner herein for recovery of certain amount, on the strength of a promissory note. During pendency of the suit, the sole plaintiff died on 8.2.2001. His wife pre-deceased him. He had three sons and three daughte Rs. Alleging that the deceased plaintiff executed a Will dated 5.9.2000 in her favour, enabling her to pursue the suit claim and get the benefit out of it, one of his daughters viz. Vetcha Vanaja Kumari, the first respondent, filed I.A. No. 847 of 2001 under Order XXII Rule 3 C.P.C. to come on record as legal representative of the deceased plaintiff. This application was resisted by the petitioner herein on the ground that when the deceased plaintiff has left behind him the three sons and three daughters, the application fil...
New India Assurance Co. Ltd. Vs. T.M. Chayapathi and anr.
Court: Andhra Pradesh
Decided on: Jul-01-2004
Reported in: IV(2005)ACC61; 2006ACJ2206; 2004(5)ALD297
C.Y. Somayajulu, J.1. First respondent who is the owner of the Maruti Van bearing No. AP 03-6399 filed a claim petition against respondents who are the owner and insurer of the bus bearing No. TN-01 N-0055, alleging that the drives of the said bus, due to his rash and negligent driving, dashed the bus against his van from behind resulting in extensive damage thereto, and so he had to spent Rs. 65,000/- for repairs thereto besides incurring an expenditure of Rs. 25,000/- towards travelling expenses etc., and underwent mental agony, and so he is entitled to Rs. 1,00,000/- from the respondents as compensation. Second respondent chose to remain ex parte both before the Tribunal and in this Court. Appellant filed its counter contesting the claim. In support of his case, first respondent examined himself as P.W. 1 and marked Exs.A1 to A7. Appellant did not adduce any oral evidence, but marked Ex.B1 by consent. The Tribunal having held that the accident occurred due to the rash and negligent ...
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