Andhra Pradesh Court September 2004 Judgments
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Akkiraju Saraswathi and anr. Vs. Mohd. Jehangir Pasha and ors.
Court: Andhra Pradesh
Decided on: Sep-22-2004
Reported in: 2004(6)ALD144
L. Narasimha Reddy, J.1. This C.M.A is filed against the judgment and decree, dated 19.1.2004, in A.S. No. 110 of 2000, on the file of I Addl. Chief Judge, City Civil Court, Secunderabad. A.S. No. 110 of 2000 was filed against the judgment and decree, dated 11.9.2000, in O.S. No. 545 of 1991, on the file of XVIII Junior Civil Judge, Secunderabad. The suit was filed by the sole plaintiff-1st respondent herein, for the relief of declaration that the total area conveyed under sale deed, dated 15.4.1959, in favour of the fourth defendant, is 600 square yards and not 1600 square yards, and for consequential injunction restraining the Defendants 4 to 8, from interfering with his possession of the area, over and above 600 square yards, covered by the deed. Defendants 8 and 9, the subsequent purchasers from Defendant No. 4, are the appellants herein. The parties are referred to as arrayed in the suit.2. According to the plaintiff, his father by name Mohd. Sharfuddin and two others by name Nars...
Avuthu Vijayalakshmi and anr. Vs. Managing Director, Pujitha Chit Fund
Court: Andhra Pradesh
Decided on: Sep-22-2004
Reported in: 2005(1)ALD653
Elipe Dharma Rao, J.1. This civil miscellaneous appeal is filed against the order and decree dated 21-2-2002 in LA. No. 643 of 2000 in O.S. No. 544 of 1999 on the file of the Court of I-Additional Senior Civil Judge, Vijayawada, dismissing the application filed under Order 9, Rule 13 of CPC seeking to set aside the ex-parte decree.2. Mr. V.V.N. Narayana Rao, the learned Counsel for the appellants contended that firstly, the Court below ought to have been allowed the application filed by the appellants seeking to set aside the ex-parte decree so as to enable them to file written statement and contest the main suit on merits. Secondly, the Coun below ought to have seen that the appellants have no knowledge about the pendency of suit and came to know the same after publication of EP proceedings in the local newspaper. Thirdly, the Court below ought to have seen that if the application filed by the appellants is allowed then no prejudice will be caused to the respondent and the impugned or...
Veerla Venkateswera Rao and anr. Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Sep-22-2004
Reported in: I(2005)DMC845
P.S. Narayana, J. 1. Accused 1 and 2 in S.C. No. 55 of 1995 on the file of Sessions Judge, Mahila Court, Vijayawada, preferred the present criminal appeal as against the judgment dated 15.10.1998.2. The accused were found guilty of the offence punishable under Section 306 of the Indian Penal Code (for short 'I.P.C.') and the first accused was sentenced to undergo rigorous imprisonment for a period of three years and in addition to it, to pay a fine of Rs. 5,000/- (rupees five thousand) and in default of payment of fine to undergo simple imprisonment for a period of six months and the second accused to undergo simple imprisonment for a period of one year. The S.I. of police, Thotlavalluru police station, filed charge-sheet against appellants/A1 and A2 alleging that due to the harassment caused by the appellants Padma Kumari-the second wife of first accused committed suicide by burning herself on 3.5.1995 at 9 p.m. The learned V. Metropolitan Magistrate, Vijayawada, registered the same a...
Rachakonda Yadagiri @ Yadaiah Vs. State of A.P. Represented by Public ...
Court: Andhra Pradesh
Decided on: Sep-21-2004
Reported in: 2005CriLJ549
G. Bikshapathy, J.1. Sole accused in the appeal is the Appellant challenging the correctness of the judgment of the learned Principal Sessions Judge, Nalgonda in S.C.NO. 195 of 2003, dated: 30.1.2002.2. Appellant-Accused was charged for the offences punishable under Section 302 IPC and he was convicted and sentence to suffer Imprisonment for Life.3. The substance of the charge against the accused was that on 6.11.2000 he committed the murder of the deceased Sathaiah (father-in-law of the accused) by hacking him with an axe intentionally causing death of said Sathaiah thereby committed an offence punishable under Section 302 IPC.4. The case of the prosecution is that the deceased is the father-in-law of the Appellant. P.W-1 is the wife of the deceased and mother-in-law of the accused, P.W-2 is the unmarried daughter of deceased, P.W-3 is the wife of the accused. The marriage was performed about 10 years prior to the date of the incident and out of wed lock three male children were borne...
Mr. Syed Hameeduddin, S/O Syed HabeebuddIn Vs. the State of Andhra Pra ...
Court: Andhra Pradesh
Decided on: Sep-21-2004
Reported in: 2005(1)ALD(Cri)767; 2005(2)ALD(Cri)33
ORDERT.Ch. Surya Rao, J.1. The petitioner, who seeks bail, has been arrayed as A-19 in the crime, which is pending investigation, for the alleged offences punishable under Sections 120-B, 255, 258, 259, 260, 263(A), 420, 471, 472, 474, 34 of the Indian Penal Code r/w Sections 64(c) and 69(b) of the Indian Stamp Act and Sections 3(1)(ii), 3(2), 3(4), 3(5) and 4 of Andhra Pradesh Control of Organized Crime Act, 2001 (for short 'APCOCA').2. The Government of Andhra Pradesh have constituted a Stamps Investigation Team (S.I.T) for investigation of the fake stamps cases. Consequently, all the crimes that have been registered earlier at various police stations have been brought within the purview of S.I.T. Having regard to the magnitude of the crime and its area of operation having been spread over in different States in the country, the investigation in this case has been entrusted to Central Bureau of Investigation, pursuant to the orders passed by the Apex Court.3. During the course of inv...
T. Muralidhar Rao Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Sep-21-2004
Reported in: 2004(6)ALD1; 2004(5)ALT634
B. Sudershan Reddy, J.1. Several of the most devisive moral conflicts that have beset us Indians, in the period since the dawn of independence have been transmuted into constitutional conflicts - conflicts what the Constitution of India forbids - and resolved as such. The most prominent instances include the conflicts over Federalism, Secularism, sex- based discrimination and affirmative action. The conflicts over affirmative action programme occupy a large space.2. The great bulk of constitutional litigation concerns State enactments and nearly all of that litigation purports to be based on a single sentence of Article 14 and, indeed, on one or the other of two pairs of words, 'equality before the law' and 'equal protection of the laws'. If the Constitution is the embodiment of our aspirations, it must have become so very largely because of those two pairs of words. Each is a protection with centuries of history behind it, often dearly bought with the blood and lives of people determi...
Mahavir Pershad Vs. Collector and anr.
Court: Andhra Pradesh
Decided on: Sep-21-2004
Reported in: 2004(6)ALD708; 2006(6)ALT687
ORDERV.V.S. Rao, J.1. The petitioner claims that he purchased a building bearing No. 8-2-616/ 1/B/3A, situated at Road No. 11, Banjara Hills, Hyderabad under registered sale deed dated 18.7.1992 from Dr.P.Ncena Desai. As per the sale deed executed by Dr.Neena Desai in favour of the petitioner the land marked as Plot No. 3A is comprised in Survey No. 129/69 situated at Road No. ll of Banjara Hills, Hyderabad and the area is shown to be 940 square yards but in the preamble portion of the sale deed it is mentioned that the vendor of the petitioner purchased Plot No. 3A admeasuring 461 square yards in Survey No. 129/69 forming Plot No. 5 from her vendor Devanand Singh. The petitioner alleges that the land originally belonged to Md.Mirza, who sold the land in favour of Hasmath Raza in 1953, that after death of Hasmath Raja, his sons divided the property into house plots and sold Plot No. 3A to K.Srinivas Reddy under registered sale deed 22.3.1991, who inturn sold to Devanand Singh on 4.7.19...
Apsrtc and anr. Vs. Jerri Rama Rao and ors.
Court: Andhra Pradesh
Decided on: Sep-21-2004
Reported in: II(2005)ACC341; 2004(6)ALD547; 2004(6)ALT715
R. Subhash Reddy, J. 1. This civil miscellaneous appeal is filed by the A.P. State Road Transport Corporation under Section 173 of the Motor Vehicles Act, 1988, (for short 'the Act') against the award passed in M.O.P. No.345 of 1998, dated 16.2.2000, on the file of the Motor Accident Claims Tribunal-cum-Additional District Judge, Vizianagaram.2. The Respondents 1 to 3 herein, who are the claimants before the Tribunal below, have filed the said O.P. under Section-166 of the Act claiming compensation of Rs.2,00,000/- on account of the death of their mother in a motor vehicle accident which took place on 22.10.1997. It was their case before the Tribunal below that on 22.10.1997, the deceased boarded the bus bearing Registration No.AP-10-Z-3149 in Busaivalasa Village to go to Challapeta and when the bus stopped near Pedamanapuram Railway Gate, the deceased got down from the bus along with other passengers and stood in front of the bus because the gate was closed. It was their further case ...
A. Ramakrishna Vs. Union of India (Uoi), Rep. by Chief Engineer (Sz.ii ...
Court: Andhra Pradesh
Decided on: Sep-20-2004
Reported in: 2004(5)ALD762; 2004(6)ALT140; 2005(1)ARBLR1(AP); I(2005)BC219
ORDERL. Narasimha Reddy, J.1. This Civil Revision Petition is filed under Article 227 of the Constitution of India, assailing the order, dated 29.3.2004, passed by the learned Chief Judge, City Civil Court, Hyderabad in O.P.No.2523 of 2003.2.The petitioner is a Class 1 Contractor and claims to have executed several works entrusted to him, by the State of Andhra Pradesh and Union of India. The respondents, represented by the Chief Engineer, C.P.W.D, Hyderabad (SZ.II) invited tenders for construction of Office Building, Staff Quarters etc., for S.I.B, at Koti, Hyderabad. The petitioner emerged as a successful bidder, and an agreement was executed on 10.3.2002.3.The petitioner alleges that the work was prolonged beyond the contract period, on account of various acts and omissions, on the part of the respondents, and that improper deductions were made from the bills, payable to him. He got issued a notice, dated 20.6.2003, calling upon the respondents, to appoint an Arbitrator, in terms of...
S. Syeda Vs. Collector (Panchayat Wing) and ors.
Court: Andhra Pradesh
Decided on: Sep-20-2004
Reported in: 2004(5)ALD856; 2004(6)ALT1
Devinder Gupta, C.J.1. Sarpanch of Vinukonda Gram Panchayat was placed under suspension for certain irregularities alleged to have been committed by her in the administration of Gram Panchayat. Appellant, who was Upa-Sarpanch, obviously was asked to take over the charge from the Sarpanch. Appellant was asked to take over the charge in view of the provisions under Section 26 of Andhra Pradesh Panchayat Raj Act, 1994 (in short 'the Act') and he had been discharging duties of Sarpanch. In the meanwhile, Respondent Nos. 2 and 3 approached this Court by way of W.P.No. 14596 of 2004 making grievance as regards non-consideration of their representation dated 15-7-2004 stating that even against the Upa-Sarpanch, there were allegations of certain irregularities committed by him when he had discharged the duties as Sarpanch during the period 1995 to 2001. Therefore, he is not a person fit to be made Sarpanch in-charge including the account books of the Gram Panchayat. Writ Petition of Respondent...
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