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Andhra Pradesh Court October 2005 Judgments

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Oct 21 2005

Ch. Soumya Raj Vs. Ntr University of Health Sciences and ors.

Court: Andhra Pradesh

Decided on: Oct-21-2005

Reported in: 2005(6)ALD863

ORDERL. Narasimha Reddy, J.1. The petitioner challenges the action of the respondents in not selecting her for admission into I-year MBBS, against a seat reserved in favour of NCC candidates. According to her, she is entitled to be placed in Priority-II of Appendix-III, to the prospectus, and that the respondents have placed her under Priority-III, contrary to the relevant provisions.2. The Government of Andhra Pradesh reserved 0.25% of seats, in favour of candidates, who have accomplishments in their favour in NCC. The petitioner appeared in the entrance examination, held for the purpose of selection of candidates for Medical, Engineering and Agricultural courses, and secured the rank of 34939. The third respondent also appeared in the same examination and secured a rank, which is inferior to that of the petitioner. Both of them were not selected in the regular admissions, and they made their claim for being considered for admission into seats reserved in favour of NCC candidates.3. T...


Oct 21 2005

State of Tamil Nadu and ors. Vs. B. Anandaiah and ors.

Court: Andhra Pradesh

Decided on: Oct-21-2005

Reported in: 2006(1)ALD580; 2005(6)ALT824

ORDERB. Prakash Rao, J.1. Heard the learned Advocate General along with Sri D.G. Prabhakaran, appearing on behalf of the petitioners and Sri P.V. Vidya Sagar and Sri M. Venkat Ramana Reddy, learned Counsel for the respondents and at their request, the main revision itself is taken up for disposal.2. In this revision filed under Section 115 C.P.C., the petitioners, the State of Tamil Nadu and two other Forest Officials of that State, who are defendants 1 to 3, seek to assail the order dated 20-2-2003 in O.S.No. 217 of 2001, on the file of the Principal Senior Civil Judge, Chittoor rejecting the request of the petitioners to decide the issue of jurisdiction as a preliminary issue.3. Few facts, which are necessary for disposal of this revision are that the respondents/plaintiffs, who are residents of Kanathala tank and surrounding villages, filed a comprehensive suit seeking for declaration that the suit schedule property consisting of 2584 acres is part of Kanathala Cheruvu and part of C...


Oct 21 2005

Uppu Govinda Lakshmi Vs. Uppu Narayana @ Narayana Rao

Court: Andhra Pradesh

Decided on: Oct-21-2005

Reported in: 2006(1)ALD24; I(2006)DMC622

ORDERA. Gopal Reddy, J.1. This civil revision petition is filed under Article 227 of Constitution of India challenging the order, dated 21-2-2005 passed by the Senior Civil Judge, Tanuku in I.A. No. 1774 of 2004 in O.P. No. 59 of 2004.2. The above O.P. was filed by the respondent herein, who is the husband of the petitioner, seeking divorce. The Court below, on 17-9-2004 allowed the O.P. granting ex parte decree of divorce by nullifying the marriage in between the petitioner and the respondent. The petitioner filed I.A. No. 1774 of 2004 under Section 5 of the Limitation Act to condone the delay of 53 days in filling a petition under Order 9 Rule 13 of Civil Procedure Code to set aside the ex parte decree of divorce. It is stated that her marriage with the respondent was performed on 20-4-2004 and the O.P. for divorce was filed in June, 2004 itself and in the absence of any exceptional circumstances for filing the petition for divorce, the Court should not have entertained the O.P. and ...


Oct 21 2005

Murthy Raghava Trinadha Rao and ors. Vs. Commissioner of Endowments, G ...

Court: Andhra Pradesh

Decided on: Oct-21-2005

Reported in: 2006(1)ALD86

Bilal Nazki, A.C.J.1. This writ petition has been filed in public interest, seeking invocation of the provisions of Chapter-V of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short 'the Act') with respect to 2nd respondent-Math.2. It is alleged that the Math is being subjected to misuse of Hundi collections. All the petitioners claimed that they are ardent devotees of Goddess Sri Sri Sri Lalitha Devi and they are deeply interested in proper management of the affairs of the 2nd respondent-Math. The 1st and 2nd petitioners have constructed a big hall known as 'Avyakthananda Darbar Hall' within the complex of Math, which is used for various functions during festive seasons. The 1st petitioner also installed a Steel Hundi enclosed by iron grills inside the temple. 3rd petitioner is a Chartered Accountant by profession and he has been looking after the audit work of the accounts of the 2nd respondent-Math. All the petitioners were regular visit...


Oct 21 2005

Prathipati Bhagyamma and ors. Vs. Election Officer, Muppalla Primary A ...

Court: Andhra Pradesh

Decided on: Oct-21-2005

Reported in: 2005(6)ALD850

ORDERV.V.S. Rao, J.1. In all these writ petitions the petitioners are aggrieved by rejection of nomination or improper acceptance of nomination by the designated Election Officer in the elections for various co-operative societies. The Government of Andhra Pradesh announced elections to co-operative societies on 5.10.2005. Pursuant thereto, all the Election Officers issued notice of election prescribing the schedule. Election notice was issued on 6.10.2005. The last date for filing nominations is 14.10.2005 and scrutiny of nominations was on 16.10.2005. After scrutinizing the nominations as per the provisions of Rule 22 of the A.P. Cooperative Societies Rules, 1964 (for short, the Rules), as amended by G.O. Ms. No. 223, dated 27.6.2005 and G.O. Ms. No. 324, dated 29.7.2005 the Election Officer is required to publish the list of valid nominations, allot symbols, and conduct elections. The election is scheduled to be conducted on 22.10.2005 or on 26.10.2005.2. In W.P. No. 22557 of 2005, ...


Oct 21 2005

Kushal Industries Vs. Vice-chairman and Managing Director, A.P. Civil ...

Court: Andhra Pradesh

Decided on: Oct-21-2005

Reported in: 2005(6)ALD865

ORDERL. Narasimha Reddy, J.1. The petitioner is a proprietary concern, undertaking the activity of transport. Andhra Pradesh State Civil Supplies Corporation, the 1st respondent, hereinafter referred to as 'the Corporation', is a State Agency, entrusted with the functions of supply and distribution of essential commodities in the State, particularly, to the Fair Price Shops. The Corporation issued a tender notice dated 25.6.2005, inviting tenders for assigning the contract of transporting the essential commodities, from various godowns to the Fair Price Shops in various districts. The petitioner submitted its tender in relation to the transporting of essential commodities in Adilabad District, along with few others.2. Through its order dated 29.7.2005, the Corporation assigned the contract in favour of the petitioner, by treating the offer at Rs. 7/- per Metric Tonne, for 16 K.Ms. and Rs. 3/- per Metric Tonne, for each kilometer, beyond 16 KMs. The petitioner assails the said order, by...


Oct 21 2005

Nila Construction Company Vs. Sanghi Industries Ltd., Cement Division

Court: Andhra Pradesh

Decided on: Oct-21-2005

Reported in: 2006(1)ALD486; 2005(6)ALT806; 2006(2)ARBLR490(AP)

ORDERElipe Dharma Rao, J.1. Aggrieved of the order dated 21-1-2004 in registering the O.P.No. 26 of 2004 by the learned District Judge, Ranga Reddy, at L.B. Nagar, filed under Section 34 of the Arbitration and Conciliation Act, 1996 (for brevity the Act), praying to set aside the Arbitration Award dated 5-8-2002, the respondent in the Award, viz., M/s. Neela Constructions Company, Gujarat State, preferred this Civil Revision Petition.2. Few facts that are necessary for the disposal of this revision are that the petitioner herein submitted its tenders for the civil works of Clinkerisation Plant Building and Fuel Plant of grinding unit, which was accepted by the respondent and an agreement was entered into on 1-6-1995. As per the terms, the petitioner was required to complete the structure pertaining to Clinkerisation plant within 12 months and three months grace period was also granted and to conclude the grinding plants with nine months. The respondent herein filed the O.P. averring th...


Oct 21 2005

A. Rattaiah Vs. Election Officer, Primary Agriculture Co-operative Soc ...

Court: Andhra Pradesh

Decided on: Oct-21-2005

Reported in: 2006(1)ALD388

ORDERV.V.S. Rao, J.1. The petitioner is a resident of Pedakurapadu Village and Mandal in Guntur District. He is allegedly a member of Primary Agricultural Co-operative Society (PACS), Parasathyalluru with membership/general No. 864 in the Society. He filed the instant writ petition seeking a direction to the Election Officer, PACS, Parasathyalluru and District Collector-cum-Election Authority, Guntur to hold elections for Managing Committee of the said PACS by providing polling stations in various villages in addition to the polling station at Thyalluru Village.2. The case of the petitioner in brief may be noticed. Sometime back, there was PACS in Lingamguntla at the distance of 3 K.Ms from Pedakurapadu. The area operation of Lingamguntla PACS comprised 10 villages with 2,580 members/voters. The said society was ordered to be amalgamated with PACS, Parasathyalluru. The area operation of the said society is now comprised in 19 villages. There are 13 constituencies/members in the Managin...


Oct 21 2005

Noble College of Computer Sciences Vs. Government of A.P. and ors.

Court: Andhra Pradesh

Decided on: Oct-21-2005

Reported in: 2006(1)ALD409

ORDERL. Narasimha Reddy, J.1. The petitioner is a private educational institution, permitted to run the courses of MBA and MCA. It was granted permission, approval, affiliation, etc., by the competent agencies, such as Government of Andhra Pradesh, Sri Venkateswara University and AICTE. The intake for the course of MBA is 60. Admission to this course is, on the basis of the performance of candidates in a common entrance examination, called as ICET, conducted by the third respondent herein.2. Out of the 60 seats, 51 are to be filled up by the candidates sponsored by the third respondent. 9 seats can be filled up, by the management itself, with the qualified candidates. The third respondent has sponsored only 7 candidates and there remained 44 vacant seats. The third respondent addressed a letter, dated 20.9.2005, to all the institutions imparting the courses of MBA and MCA, enabling them to issue notifications, inviting qualified candidates and to conduct admissions by themselves, by 30...


Oct 21 2005

Osman Ali Khan Vs. Ajit Kumar Jain

Court: Andhra Pradesh

Decided on: Oct-21-2005

Reported in: 2006(1)ALD211

ORDERN.V. Ramana, J.1. The present revision petition is filed under Article 227 of the Constitution of India against the order dated 24-4-2004 passed in I.A.No. 422 of 2001 in R.C. No. 706 of 1995 by the III Additional Rent Controller, City Civil Court, Hyderabad.2. The petitioner herein is respondent in R.C. No. 706 of 1995. The respondent herein filed R.C. No. 706 of 1995 for eviction, wherein he filed an application under Order VI Rule XVII of Civil Procedure of Code seeking 16 amendments on the ground that newly appointed advocate informed him to amend the eviction petition to submit the case in a correct form. The Court below by order dated 24-4-2002 allowed the said application with costs of Rs. 500/-. Against the said order, the present revision petition is filed.3. Learned Counsel for petitioner submitted that the Court below erred in allowing the amendment petition permitting the respondent herein to amend the plaint at 16 places without considering the objections raised by th...


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