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Andhra Pradesh Court September 2004 Judgments

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Sep 20 2004

Katkuri Ravinder Reddy and anr. Vs. State of A.P., Through Its Sub-div ...

Court: Andhra Pradesh

Decided on: Sep-20-2004

Reported in: 2005(2)ALD(Cri)36

P.S. Narayana, J.1. A1 and A2 in Sessions Case No. 513 of 1995 on the file of I Additional Sessions Judge, Karimnagar are the appellants. The Sub-Divisional Police Officer, Karimnagar filed charge sheet as against A1 and A2 in Crime No. 19 of 1994 of Veenavanka Police Station under Sections 498A and 304B I.P.C. The case of the prosecution is that Vangala Raji Reddy and Vangala Thirupathi Reddy, residents of Jeelakunta Village of Odela Mandal are elder brothers of Katkuri Manjula, wife of A1, resident of Narsingapoor village. It is also the case of the prosecution that about one year prior to 8.5.1994 marriage of Manjula was celebrated with A1 and the said marriage alliance was proposed and the marriage was settled by Junnuthula Malla Reddy, the maternal uncle of P.W.1 and P.W.2 and Manjula. At the time of betrothal ceremony, Vengala Raji Reddy agreed to pay an amount of Rs. 52,000/- as dowry and an amount of Rs. 12,000/- and half tola gold were given to A1 and his father-A2 as part of ...


Sep 20 2004

Smt. Sidda Lingamma, W.O Jayaramappa Vs. Smt. Sidda Lingamma, W/O Kari ...

Court: Andhra Pradesh

Decided on: Sep-20-2004

Reported in: 2005(2)ALD115; 2005(1)ALT757

ORDERElipe Dharma Rao, J.1. Though notices were served on 09-09-2004, there is no appearance on behalf of the respondents either in person or through their counsel to oppose this petition.2. Aggrieved by the order of dismissal dated 13.02.2004 passed by the Junior Civil Judge, Madakasira in I.A.No. 56 of 2004 in O.S.No.124 of 1996 filed under Rule 129 of Civil Rules of Practice, to issue summons to the Mandal Revenue Officer, Amarapur for production of I-B register standing in the name of the petitioner for the suit schedule property, the present civil revision petition is filed.3. The case of the petitioner is that the 1st respondent in collusion with the Village Administrative Officer got tampered the 10-1 Chitta and fabricated pattadar passbook and title deed in her name and filed into the Court. Therefore, the petitioner sought permission for production of 1-B register through the Mandal Revenue Officer, Amarapur.4. On the other hand, the respondents filed a counter denying the ave...


Sep 20 2004

Dr. Syed Abbas Vs. University of Hyderabad

Court: Andhra Pradesh

Decided on: Sep-20-2004

Reported in: 2004(6)ALD226; [2005(104)FLR218]

ORDERG. Yethirajulu, J. 1. The petitioner is one of the applicants for the post of Lecturer in Urdu, notified by the respondent-University. The interviews scheduled to be held on 21.9.2004 in pursuance of the notification dated 26.3.2002. In response to the notification, about 78 candidates made their applications for one post of Urdu Lecturer. The respondent-University appointed a Screening Committee to short-list the applicants, by fixing certain higher standards, to have more viability in conducting the interviews, instead of interviewing all the candidates for one post. Accordingly, the Screening Committee short-listed nine candidates, and they are being called for interview on 21.9.2004.2. The petitioner contends that he is the most qualified candidate with Ph.D. as his academic qualification. Though he was allowed to make an application for the post, he is not being permitted to attend the interview, on the pretext of short-listing of candidates. Therefore, he was denied the righ...


Sep 20 2004

N. Buchilingam and ors. Vs. Union of India (Uoi)

Court: Andhra Pradesh

Decided on: Sep-20-2004

Reported in: 2006ACJ2388; 2004(6)ALD302

L. Narasimha Reddy, J. 1. Claimants in O.A.A. No. 51 of 1998 before the Railway Claims Tribunal, Secunderabad Bench (for short 'the Tribunal') filed this appeal under Section 23 of Railway Claims Tribunal Act.2. The appellants submitted their claim before the Tribunal alleging that late, N. Balaraj, son of appellant Nos. 1 and 2 and the elder brother of appellant No. 3, left Kollapur, his native place for Hyderabad on 11.1.1998 with a view to travel to Bombay on 12.1.1998. He is said to have purchased a journey ticket to travel from Secunderabad to Bombay by 1020-Konark Express. It is stated that they came to know that he died by falling from the train at Vikarabad, only after the dead body was recovered on 14.1.1998. They claimed compensation on account of the death of the deceased.3. The respondent filed a written statement denying its liability to pay the compensation. According to it, there was no untoward incident at Vikarabad Railway Station on 12.1.1998 and that the claim is mad...


Sep 20 2004

Lt. R.S. Rebecamma, Ex.Mns Vs. Zilla Sainik Welfare Officer and ors.

Court: Andhra Pradesh

Decided on: Sep-20-2004

Reported in: 2004(6)ALD329; 2004(6)ALT649

ORDERV.V.S. Rao, J. 1. The petitioner is a qualified and registered Nurse. She joined Indian Army in Military Nursing Service (MNS) on 7.12.1976. She relinquished the position in MNS on 2.2.1983. She claims that she served in Udhampur in State of Jammu and Kashmir and therefore she has field service which makes her eligible for additional benefits given to Army ex-Servicemen. She also claims that she has preferential right in the matter of assignment of land on discharge from MNS.2. The petitioner applied to the District Collector, Kurnool, third respondent herein on 16.10.1985 requesting for assignment of agricultural land. The same appears to have been processed by the Mandal Revenue Officer, Kurnool, who submitted assignment proposals in favour of the petitioner in respect of the land admeasuring Acs.3.50 in S.No. 128 of Mamidalapadu Village of Kurnool District. As the land was classified as Kurnool - Kadapa Canal (KC Canal), B-Class poramboke in revenue records, the District Collec...


Sep 20 2004

Brooke Bond India Ltd. Vs. V.S. Narayana and ors.

Court: Andhra Pradesh

Decided on: Sep-20-2004

Reported in: 2005(1)ALD649

Goda Raghuram, J.1. The short and succinct question as to the maintainability of the writ petitions and the validity of the order dated 17-3-1999 in WP No. 10389 of 1994 appealed in Writ Appeal No. 692 of 1999, falls for consideration in all these matters.2. Writ Appeal No. 692 of 1999 is filed by the Brooke Bond India Limited - the respondent in WP No. 10389 of 1994. WP No. 10389 of 1994 and the other two writ petitions have been filed by retired employees of the Brooke Bond India Limited, a public limited company (for short 'the company'), in substance, seeking a declaration that the action of the company in not conferring and refusing pensionary benefits to retired employees, who retired from service prior to 1986 and confining the benefits only to employees belonging to non-executive classes as per the Revised Pensionary Benefits dated 1-4-1991, as illegal, null and void and for consequential direction to the company to give them pensionary benefits in the same manner as is being g...


Sep 17 2004

The State of Andhra Pradesh, Rep. by Its Secretary, Revenue (Aisn) Dep ...

Court: Andhra Pradesh

Decided on: Sep-17-2004

Reported in: 2004(5)ALD748; 2004(6)ALT126

B. Sudershan Reddy, J.1. The dispute in the instant case centres around the proposal to alienate huge extent of about Acs.400-00 of land situated at Nerellavalasa Village within the Urban Agglomeration of Visakhapatnam, one of the fast growing urban agglomerations in the State of Andhra Pradesh. 2. The tell-tale facts leading to filing of this writ appeal may have to be noticed:The Bheemunipatnam Co-operative Building Society Limited (for short 'the Society') mainly consisting of Senior I.A.S, I.P.S. Officers and other employees including their near and distant relatives came into existence in the year 1970. It was registered under the provisions of the A.P. Co-operative Societies Act, 1964. It had applied for assignment/alienation of Acs.400-00 of Government land in Survey No. 49/1 of Nerellavalasa village. The District Collector, Visakhapatnam, having received the request of the society very promptly requested the erstwhile Board of Revenue to accord permission to alienate and handov...


Sep 17 2004

District Collector and anr. Vs. Gandaiah

Court: Andhra Pradesh

Decided on: Sep-17-2004

Reported in: 2004(6)ALD130; 2004(6)ALT607

D.S.R. Varma, J.1. Heard both the Counsel.2. This appeal is filed challenging the judgment and decree dated 4.11.1996 passed by the Court of II Additional Subordinate Judge, Rangareddy District in O.S. No. 403 of 1989.3. By the impugned judgment and decree, the Court below decreed the suit filed by the plaintiff for declaration of title in respect of land to an extent of Ac. 14.23 guntas situate at Sy.No.l of Himayathsagar Village, Rajendernagar Mandal, Rangareddy District and also granted. consequential injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the said land. The Court below further directed the 1st defendant - the District Collector, Rangareddy District to mutate the name of plaintiff as pattadar in respect of the suit land in revenue records. Aggrieved by the decreeing of the suit, the defendants in the suit filed this appeal. Hence, the defendants are the appellants.4. For the sake of convenience, the parties shall be refer...


Sep 17 2004

B. Dastagiri Vs. Divisional Co-operative Officer and ors.

Court: Andhra Pradesh

Decided on: Sep-17-2004

Reported in: 2005(4)ALT724

V. Eswaraiah, J.1. Petitioner questions the order dated 22-10-2003 issued by the respondents 3 to 5 in suspending him from service for misappropriation of funds to the tune of Rs. 20,800/- in drawing the salaries to the employees of the second respondent Co-operative Society in violation of Section 116-C of the Andhra Pradesh Cooperative Societies Act.2. The relief sought in this writ petition, is squarely covered by the judgment of this Court in W.P. No. 3171 of 2003 and Batch dated 30-8-2004 against the petitioner.3. Following the above said judgment, the writ petition is accordingly dismissed in terms of the said judgment passed in W.P.No. 3171 of 2003 and Batch dated 30-8-2004. No costs....


Sep 16 2004

Kvr Enterprises, Prop. K. Subrahamanyam Vs. Madras Cements Ltd. and an ...

Court: Andhra Pradesh

Decided on: Sep-16-2004

Reported in: 2005(1)ALD(Cri)915; I(2006)BC205

K.C. Bhanu, J.1. M/s. KVR Enterprises, Proprietor K. Subrahmanyam, resident of Katuru of Krishna District preferred the present criminal revision case under Sections 397 and 401 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short) against the judgment made in Criminal Appeal No. 158 of 1998 dated 13.12.2000 on the file of Metropolitan Sessions Judge whereunder the conviction recorded under Section 138 of the Negotiable Instruments Act, 1981 (for short 'N.I. Act') and sentence against the accused/petitioner to undergo rigorous imprisonment for aperiod of one year and to pay a fine of Rs. 20,000/-, in default to undergo simple imprisonment for a period of three months made in C.C. 242 of 1995 on the file of VIII Metropolitan Magistrate dated 29.1.1998 is confirmed.2. The brief facts that are necessary for the disposal of the present criminal revision case may be stated as follows:The complainant company is doing business at Vijayawada in cement whereas the accused is a Cement Re...


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