Andhra Pradesh Court July 2004 Judgments
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Samala Gangadhar Vs. Ch. Gangaram and anr.
Court: Andhra Pradesh
Decided on: Jul-27-2004
Reported in: I(2005)ACC166; 2006ACJ385; 2004(5)ALD84; 2004(5)ALT115
M. Narayana Reddy, J.1. This judgment, according to Law, arises out of a civil miscellaneous appeal, filed by the sole appellant, against R1 and R2, under Section 30 of the Workmen's Compensation Act, 1923, questioning the, validity and legality, of the adjudications made by, and set forth in Para 2, infra.2. Orders dated 31-7-2003, of the Commissioner for Workmen's Compensation, Nizamabad, made in WC No. 83/2002, of his file.3. Perused the material papers of the Record.4. Arguments were heard.5. The sole appellant in this C.M.A. corresponds, to the sole applicant in the said WC No. 83 of 2002, on the file of the said Commissioner. R.1 and R.2 herein correspond, respectively, to Opposite Party Nos. 1 and 2 therein, being, respectively, the owner and the Insurance Company of the accident vehicle.6. The parties are, hereinafter, referred to, as the applicant, the owner and the Insurance Company, lest, so specified.7. The sole applicant filed the said W.C. No. 84 of 2002, before the said ...
C.R. Reddy Law College Employees' Association and Ors. Vs. Bar Council ...
Court: Andhra Pradesh
Decided on: Jul-27-2004
Reported in: 2004(5)ALD180; 2004(5)ALT1
B. Sudershan Reddy, J.1. The unsuccessful writ petitioners are the appellants in this writ appeal. Learned single Judge dismissed the writ petition filed by the appellants challenging the order of the 1st respondent-Bar Council of India, dated 15-7-2002, permitting the closure of Sir C.R.R. Law College, Eluru. Hence, this appeal.2. The 7th respondent, Sir C.R.R. Law College, Eluru, was established by the Management of Sir C.R.R. College, Eluru, (for short 'the Management of the College') in the year 1977. The Government of Andhra Pradesh vide G.O. Ms. No.943 (Education) dated 22-9-1977, accorded permission to start Law course in Sir C.R.R. College, Eluru, by the Management of the said College subject to certain terms and conditions which are not required to be noticed in detail. The Andhra University vide its proceedings dated 2-1-1984 granted permanent affiliation. Initially the Law College was running 3 year Law degree course and thereafter 5-year Law degree course was introduced. Th...
Vadla Monappa Vs. D. Venkat Ram Reddy and ors.
Court: Andhra Pradesh
Decided on: Jul-27-2004
Reported in: 2004(5)ALD305
L. Narasimha Reddy, J. 1. These two Second Appeals arise out of similar questions of fact and law. Hence, they are disposed of together.2. For the sake of convenience, the appellant in S.A. No. 86 of 2004 is referred to as the 1st appellant and the appellant in S.A. No. 868 of 2004 is referred to as the 2nd appellant. The respondents in both the appeals are same.3. Respondents filed O.S. No. 123 of 1996 in the Court of the Junior Civil Judge, Kodangal, against the 1st appellant for the relief of eviction from the premises bearing No. 21-53 of Kosgi Village. Similar suit, being O.S. No. 126 of 1996, was filed in the same Court against the 2nd appellant, in respect of house bearing No. 21-59 of Kosgi Village. The respondents pleaded that the property was held by Rani Ramachandramma, one of the wives of late Venkat Srinivas Reddy, and after her death, the appellants succeeded to her interest. They contended that the appellants were inducted as tenants in the respective premises, and despi...
Mididodi Saraswathi and anr. Vs. Mandal Revenue Officer and ors.
Court: Andhra Pradesh
Decided on: Jul-27-2004
Reported in: 2004(5)ALD276
ORDERL. Narasimha Reddy, J. 1. The petitioners filed O.S. No.98 of 2003 in the Court of the Junior Civil Judge, Nagarkurnool, for declaration in respect of the suit schedule property and consequential injunction. They also filed I.A. No.309 of 2003 under Order 39 Rules 1 and 2 of C.P.C., for grant of temporary injunction. The Trial Court ordered notice to the respondents. Since the respondents were officials and agents of the Government, the process server of the Court sought to serve the notice on the Assistant Government Pleader appointed for that Court. He refused to receive the notice on the ground that two more copies were not attached.2. The matter came up for enquiry on 14-11-2003. On that day, the Trial Court took note of the endorsements and treated that there was proper service on the respondents in view of the provisions of Order 27, Rule 4 and Order 5, Rule 12 of C.P.C. Thereafter, it allowed the I.A.3. The respondents filed I.A. No. 315 of 2003 under Order 9, Rule 13 of C....
R. Vijayudu Vs. N. Ramachandra Reddy
Court: Andhra Pradesh
Decided on: Jul-27-2004
Reported in: 2004(5)ALD486; 2004(6)ALT411
ORDERD.S.R. Varma, J.1. Despite service of notice, none appears for the respondents.2. However, since the legal position is settled, I deem it fit to dispose of the present civil revision petition at the admission stage itself.3. Heard the learned Counsel for the petitioner.4. This civil revision petition is directed against the order, dated 5.8.2002, in I.A. No. 1272 of 2002 in O.S. No. 1307 of 1999 on the file of Principal Junior Civil Judge, Kurnool.5. The petitioner is the defendant and the respondent is the plaintiff. The suit is filed for permanent injunction.6. For the sake of convenience, the parties will be referred to as arrayed in the suit.7. The plaintiff undisputedly filed I.A. No. 1861 of 2000 seeking appointment of a Commissioner, the purpose of which is not very relevant. The Commissioner submitted his report in the month of April, 2001. Subsequently, both the parties adduced evidence, both oral and documentary. The matter was being posted for arguments since July, 2002...
Ramji Patel and anr. Vs. Irukulla Narender and ors.
Court: Andhra Pradesh
Decided on: Jul-27-2004
Reported in: 2004(5)ALD403; 2004(6)ALT165
ORDERP.S. Narayana, J.1. This is a typical unfortunate long drawn litigation wherein the successful plaintiff Irukulla Narender, 1st respondent in this appeal, petitioner in IA No. 592/85 in OS No. 7/71 on the file of District Judge, Warangal is unable to obtain a final decree in pursuance of the preliminary decree.2. Heard Sri Ganshyam Das Mandani, Counsel representing the appellants and Sri Vilas Afzulpurkar and Sri Bhanu Prasad, Counsel representing the 1st respondent/ petitioner/plaintiff.3. The facts in nut-shell are as hereunder:4. The present appeal is preferred by the appellants/Defendants 2 and 3 in the suit, aggrieved by an order dated 5-12-2003 made in IA No. 582/85 in OS No. 7/71 on the file of District Judge, Warangal. The parties herein would be referred to as plaintiff, 1st defendant, 2nd defendant and 3rd defendant, who are appellants herein, for the purpose of convenience. The plaintiff filed a suit for partition and separate possession on 9-8-1971 for his 3/4th share ...
The Public Prosecutor, High Court of A.P. Vs. S.V.R. Seshagiri Rao, Se ...
Court: Andhra Pradesh
Decided on: Jul-27-2004
Reported in: II(2007)BC284
P.S. Narayana, J.1. After condonation of delay, the matter is coming up for admission today.2. The learned Additional Public Prosecutor Mr. Niranjan Reddy submitted that the findings recorded by the learned Special Judge for trial of offences under Andhra Pradesh Co-operative Societies Act, Vijayawada in relation to Ex.P-2, is totally unsustainable, since misappropriating the amounts cannot be said to be part and parcel of the discharge of duties of the Secretary of a Primary Agricultural Cooperative Society and hence, the view expressed by the said Court in this regard cannot be sustained. The learned Additional Public Prosecutor also had drawn the attention of this Court to the evidence of P.W.1 and P.W.3 and would submit that the learned Magistrate should have accepted the evidence of P.W.3, the enquiry officer and on the strength of the material available Exs.P-3 to P-6. The learned Magistrate should have held that prosecution had proved the case beyond all reasonable doubt. The le...
Nallolla Rajaiah S/O. Late N. Balaram, Vs. Praga Tools Officers Coop. ...
Court: Andhra Pradesh
Decided on: Jul-26-2004
Reported in: 2004(5)ALD238; 2004(6)ALT582
ORDERB. Seshasayana Reddy, J.1. This Civil Revision Petition is filed under Article 227 of the Constitution of India against the order dated 11.12.1998 passed in I.A. No. 1000 of 1998 in O.S. No. 435 of 1989, on the file of II Additional Senior Civil Judge, Ranga Reddy District, at L.B. Nagar, Hyderabad, by which the learned Senior Civil Judge dismissed the application filed under Order 1 Rule 10 of CPC.2. The facts of the case in brief giving rise to filing of this Civil Revision Petition by third parties to the suit (O.S. No. 435 of 1989) are as follows:Praga Tools Officers Co-operative Housing Society filed O.S. No. 435 of 1989 against Yousuf Ali Gazi and 35 others (R2 to R37 herein) for specific performance agreements dated 12.7.1985. The suit schedule property comprises land bearing Sy. No. 36 admeasuring Ac.19-10 guntas situated at Old Bowenpally village, Rajendra Nagar, R.R. District. The petitioners herein filed I.A. NO. 1000 of 1998 under Order 1 Rule 10 CPC to get themselves ...
Aravelly Shankar Vs. the State of A.P., Rep. by Public Prosecutor, Hig ...
Court: Andhra Pradesh
Decided on: Jul-26-2004
Reported in: 2004CriLJ4456
P.S. Narayana, J.1. Heard Sri C. Praveen Kumar, the learned Counsel representing appellant-accused and the learned Additional Public Prosecutor.2. This Criminal Appeal is filed against the judgment dated 07.07.1997 in Sessions Case No. 73 of 1997 made by the Metropolitan Sessions Judge, Hyderabad. The appellant-accused was convicted for the offence punishable under Section 307 of Indian Penal Code (IPC) and sentenced to suffer Rigorous Imprisonment for a period of ten years.3. Facts in brief, are as hereunder:The victim Janardhan is an auto-trolley driver and the appellant-accused-Aravelly Shankar belongs to the same locality and the appellant-accused is a habitual offender and a desperate unsocial element of the locality and also a rowdy-sheeter of Gandhinagar Police Station, Secunderabad. It is the further case of the prosecution that the elder brother of the victim Lingam and the uncle of the accused Mutyalu are residents of Bagh Lingampally, Hyderabad and there are family disputes ...
Mr. S.S.V. Prasad S/O. Pitchaiah Vs. Mr. Y. Suresh Kumar S/O. Agasteen ...
Court: Andhra Pradesh
Decided on: Jul-23-2004
Reported in: AIR2005AP37; 2004(5)ALD57; 2004(5)ALT814; I(2005)BC330
ORDERL. Narasimha Reddy, J.1. The question that arises for consideration in this C.R.P. is, as to whether it is competent for the holder in due course of a negotiable instrument, to institute a suit in a Court within whose jurisdiction the indorsement on the instrument takes place.2. The petitioner filed O.S.No.57 of 1999 in the Court of Principal Junior Civil Judge, Kavali, against the respondents for recovery of certain amount, on the strength of a promissory note, dated 20-09-1995. The promissory note is said to have been executed by the respondents in favour of one Dasari Vajayalakshmi. She, in turn, had indorsed the promissory note in favour of the petitioner on 01-04-1998, for a consideration of Rs.30,000/-, at Kavali. 3. The respondents filed written statement. They pleaded that they did not borrow any amount from Dasari Vijayalakshmi and denied execution of the promissory note. They have also disputed her capacity to lend the amount. One of the contentions raised by them is, th...
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