Andhra Pradesh Court August 2004 Judgments
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Sree Krishna Chaitanya Degree College, Rep by Correspondent, Sri R.V. ...
Court: Andhra Pradesh
Decided on: Aug-20-2004
Reported in: 2004(5)ALD717; 2004(6)ALT354
V.V.S. Rao, J.1. All the petitioners are private educational institutions in the Districts of Chittoor, Kadapa and Nellore. They were affiliated temporarily to Sri Venkateswara University (the University, for short) since the date of establishment of respective colleges. For the academic year 2004-05, however, the University informed the petitioners that extension of temporary conditional affiliation is not granted and that the question of granting further affiliation would be considered after the colleges shift to own buildings. The colleges were directed not to make admissions to first year courses during the academic year 2004-05. The communication from the Registrar of University dated 24.06.2004 is challenged by all the colleges on various grounds.Background facts2. Taking the Writ Petition No. 10974 of 2004 as illustrative case, facts may be noticed in brief. The petitioner college obtained permission under Section 20 of A.P. Education Act, 1982 (the Education Act, for brevity) i...
G. Veeresham Vs. D.V. Shailendra Kumari and anr.
Court: Andhra Pradesh
Decided on: Aug-20-2004
Reported in: 2004(5)ALD521; 2004(6)ALT796
L. Narasimha Reddy, J.1. The decree holder in O.S. No. 928 of 1992 on the file of the II Senior Civil Judge, City Civil Court, Hyderabad, has filed this C.M.A., aggrieved by an order passed by the executing Court, accepting the claim submitted by the 1st respondent under Rule 99 of Order 21 C.P.C.2. The appellant filed O.S. No. 928 of 1992 for the relief of specific performance of an agreement of sale dated 11-5-1990, in relation to an extent of 310 sq.yards in premises bearing No.10-5-2/l/l/A, of Masab Tank, Hyderabad. The suit was decreed ex parte on 5-7-1993. He filed E.P. No.40 of 1993 for execution of the decree. Since the 2nd respondent did not comply with the decree, the Court itself executed the sale deed on 25-7-1995. The appellant was inducted into possession only on 2-2-1999.3. The 1st respondent filed E.A. No. 8 of 1999 under Rule 99 of Order 21 C.P.C., alleging that the appellant dispossessed her from the property in premises No. 10-5-2/1/ 36/2, under the guise of the decr...
Ambadas Vittal Gajul Vs. S.R. Bootla
Court: Andhra Pradesh
Decided on: Aug-20-2004
Reported in: 2004(6)ALD391
L. Narasimha Reddy, J.1. These two civil miscellaneous appeals are between the same parties and relate to the same subject-matter. Hence, they are disposed of through a common judgment.2. The appellant and the respondent in both the appeals are manufacturers and traders in textiles. Both of them deal in 'dyed casement' cloth, which is used mostly for making undergarments. They have their place of business at Sircilla, Karimnagar district.3. The appellant filed O.S. No. 8 of 2002 in the Court of the III Additional District Judge, Karimnagar against the respondent for the relief of permanent injunction, restraining him from using the trade marks, under which he is said to have been carrying on the business, and for awarding of damages quantified at Rs. 1,50,000/- for the loss of profit on account of the acts of passing off. The appellant pleaded that his is a reputed proprietary concern, undertaking manufacture and business of dyed long cloth, casement, poplin etc., and that ever since 1...
N. Goverdhan Reddy Vs. Indrani Financiers and ors.
Court: Andhra Pradesh
Decided on: Aug-20-2004
Reported in: 2004(6)ALD642; 2005(1)ALT623
G. Rohini, J.1. This revision petition is directed against the order dated 7.1.2004 in IA No. 204 of 2001 in OS No. 290 of 1995 on the file of I Additional Senior Civil Judge, Warangal.2. The petitioner is the second defendant. The suit was filed for recovery of money. Though the petitioner filed a written statement, subsequently he was set ex parte and ultimately the suit was decreed on 29.7.1999. Thereafter the petitioner filed an application under Order 9, Rule 13 of Code of Civil Procedure to set aside the ex parte decree along with the IA No. 204 of 2001 under Section 5 of the Limitation Act to condoe the delay of 172 days. The said application was opposed by the plaintiff. The Court below having considered the entire material on record dismissed IA No. 204 of 2001 by order dated 7.1.2004, which is under challenge in this revision petition.3. I have heard the learned Counsel for the petitioner and the learned Counsel appearing for respondents.4. It is to be noted that in the affid...
Revella Sivaiah Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Aug-20-2004
Reported in: 2005CriLJ526
P.S. Narayana, J.1. The appellant/accused, Ravella Sivaiah, aggrieved by the Judgment made in S.C. No. 217/98 dated 8-9-1998 on the file of Additional Assistant Sessions Judge, Narasaraopet had preferred the present Criminal Appeal.2. Submissions of Sri Bali Reddy : Sri Bali Reddy, the learned Senior Counsel representing the appellant/accused maintained that this is a case of rape on a married woman and both the prosecutrix and the appellant/accused are of almost same age and there appears to be no resistance as per medical evidence and hence consent can be inferred. The learned Counsel also maintained that except the testimony of PW-1 there is no corroboration. The evidence of PW-2 does not help the prosecution in any way and PW-3 was declared hostile and as per Ex.P-1 the age of PW-1 was 22 years at the relevant point of time and the age of the appellant/accused was 23 years. The learned Counsel also pointed out that there are no injuries on the prosecutrix which would be suggestive ...
T. Laxman Kumar Vs. G. Laxmikantha Reddy
Court: Andhra Pradesh
Decided on: Aug-19-2004
Reported in: 2004(5)ALD561; 2004(6)ALT493
ORDERL. Narasimha Reddy, J.1. This civil revision petition is filed against the order dated 19.4.2004 in LA. No. 6 of 2002 in O.S. No. 79 of 2001 on the file of Junior Civil Judge, Jadcherla.2. Petitioner filed the suit for recovery of certain amounts from the respondent. On receipt of the notice, the respondent filed written statement. One of the pleas taken in the written statement is that the suit amount was repaid and thereby the liability under the promissory note is discharged. The petitioner filed LA. No. 6 of 2002 seeking permission of the Court to file a rejoinder in the form of additional pleadings to the assertion made by the respondent as regards discharge of the suit amount. The Trial Court rejected the application through the order under revision.3. Sri K. Someswar Kumar, learned Counsel for the petitioner, submits that the necessity to file the rejoinder arose on account of the plea taken by the respondent in the written statement to the effect that the suit amount was p...
Railway Employees' Co-operative House Building Society Ltd. Vs. Major ...
Court: Andhra Pradesh
Decided on: Aug-19-2004
Reported in: 2004(6)ALD344; 2004(6)ALT625
ORDERL. Narasimha Reddy, J. 1. Application Nos. 496 to 500 of 1989 are filed by Five Co-operative Housing Societies, seeking temporary injunction against the respondents, who are common to all the applications, restraining them from interfering with the possession, or undertaking any construction in the lands in Survey No. 1 of Hashmatpet Village, being Item No. 2 of Schedule IV-A of C.S. No. 14 of 1958. An order of ex parte injunction was granted by this Court way back on 4.10.1989. The fourth respondent in the said applications filed Application No. 379 of 2004 to vacate the order of ex parte temporary injunction. C.C. No. 1330 of 2002 is filed alleging that despite the orders of temporary injunction, respondents are interfering with the possession. 2. The applicants contended that they have purchased the land in an extent of Ac.64.00, in all, in Survey No. 1 of Hashmatpet Village, and that their ownership has been recognized by various proceedings of the Government as well as this C...
M. Srinivas Reddy, S/O Late Narsimha Reddy, Hindu, Vs. Union of India ...
Court: Andhra Pradesh
Decided on: Aug-17-2004
Reported in: 2004(5)ALT197
G. Yethirajulu, J.1. This appeal is preferred under Section 23 of the Railway Claims Tribunal Act, 1987, (for short 'the Act') by the Union of India, aggrieved by the order passed by the Railway Claims Tribunal, Secunderabad Bench, in O.A.A. No. 59 of 1998.2. The 1st respondent died during the pendency of the appeal. The respondents filed the claim before the Railway Claims Tribunal, Secunderabad, (for short 'the Tribunal') stating that late Mohammed, was a resident of Krishna (Railway Station) in Kaarnataka State. It is stated that he went to the station at midnight, intervening 5/6-01-1995 to catch the Rayalaseema Express, to go to Yadgir, for the purpose of purchasing fertilizers. They pleaded that after purchasing the ticket, he boarded the train at about 1:45 hours and slipped from it, when the train was in movement, and died instantly. It was their case that he was a bon fide passenger and that they are entitled to be paid compensation in accordance with the provisions of the Rai...
N. Rangarao Vs. N. Hanumantha Rao and ors.
Court: Andhra Pradesh
Decided on: Aug-17-2004
Reported in: AIR2004AP514; 2004(5)ALT830
B. Seshasayana Reddy, J.1. This Civil Revision Petition is directed against the order dated 5-7-2004 in I.A.No.170 of 2004 in O.S.No.7 of 2001 on the file of Senior Civil Judge, Addanki, by which the learned Judge dismissed the application filed by the plaintiff under Sections 35 and 38 of the Andhra Pradesh Stamp Act (for short 'the Act') read with Section 151 C.P.C.2. The petitioner herein is the plaintiff and respondents are the defendants in O.S.No.7 of 2001. This suit was filed by the plaintiff for Specific Performance of an agreement of sale dated 29-1-2001. The plaintiff filed I.A.No.170 of 2004 before the learned Senior Civil Judge, to send the suit document i.e., agreement of sale dated 29-1-2001 to the Revenue Divisional Officer, Ongole, for impounding. The respondents 1 to 4 filed counter resisting the said application. The learned Senior Civil Judge, on considering the material available on record and on hearing counsel for both the parties, dismissed the application by ord...
Nagarjuna Cerachem (P) Ltd. Vs. Gail (India) Ltd.
Court: Andhra Pradesh
Decided on: Aug-17-2004
Reported in: AIR2005AP151; 2004(5)ALD511; 2004(6)ALT543
Devinder Gupta, C.J.1. This appeal is by the respondent, which is Government of India Undertaking, against the order passed by the learned Single Judge on 23.7.2004 in W.P. M.P. No. 10632 of 2004 in Writ Petition No. 8180 of 2004. By the said impugned order, learned single Judge allowed the application filed by the respondent/writ petitioner holding that the action of the appellant requiring the writ petitioner to agree to the amendment of contract is neither fair nor reasonable and thus the appellant was acting arbitrarily in asking the writ petitioner to take 10,000 SCMD per day. The agreement between the parties does not provide for taking of minimum supply of gas to be utilized by the writ petitioner and, therefore, the appellant cannot insist the writ petitioner to take the entire quantity of the allocation made by the Central Government. Thus holding the writ petition to be maintainable, learned Single Judge proceeded to issue interim direction as prayed for in the miscellaneous ...
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