Andhra Pradesh Court November 2005 Judgments
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Rajesh Bhatia and ors. Vs. G. Parimala and anr.
Court: Andhra Pradesh
Decided on: Nov-30-2005
Reported in: 2006(3)ALD415; 2006(3)ALT129
ORDERT. Ch. Surya Rao, J.1. Inasmuch as both these revision petitions emanate from a common order dated 20-12-2004 passed by the learned VIII Additional Senior Civil Judge (Fast Track Court) City Civil Court, Hyderabad, in I.A. No. 250 of 2004 in O.S. No. 35 of 2002, they can be disposed of together.2. Briefly stated, the facts are thus:The plaintiffs filed the suit for recovery of an amount of Rs. 3,83,0007- from the defendants 1 and 2. The case of the plaintiffs was that on the request of the first defendant the plaintiffs handed over the original sale deed dated 30-08-1993 and the fixed deposit receipts worth Rs. 3,83,0007- to her and her husband C.S. Sudhir Kumar. Plaintiffs used to receive interest amount of Rs. 3,5007- from the second defendant-bank on the above fixed deposits till May, 2001. However, without any reason whatsoever the second defendant-bank stopped suddenly from the month of June 2001 the payment of interest. On enquiry, the plaintiffs came to know that these fixe...
Syed Saleem Vs. Abdul Shukur and anr.
Court: Andhra Pradesh
Decided on: Nov-30-2005
Reported in: 2007ACJ491; 2007(1)ALD382
Ghulam Mohammed, J.1. All these three appeals arise out of the common award dated 16-8-1999 passed by the Motor Vehicles Accidents Claims Tribunal-cum-I Additional District Judge, Ranga Reddy District, at Saroornagar, hence they are being disposed of by this common judgment.2. CM A No. 164 of 2000 is filed against the award in OP No. 339 of 1997, CM A No. 1257 of 2000 is filed against the award in OP No. 345 of 1997 and CMA No. 1281 of 2000 is filed against the award in OP No. 340 of 1997.3. By the impugned common award, the Tribunal granted a sum of Rs. 10,000/-, as against the claim of Rs. 80,000/- in OP No. 339 of 1997, a sum of Rs. 15,000/-, as against the claim of Rs. 1,00,000/- in OP No. 345 of 1997 and a sum of Rs.l5,000/-as against the claim of Rs. 1,00,000/- in OP No. 340 of 1997 with interest at 12% per annum from the date of petition till date of deposit, with proportionate costs. Dissatisfied with the quantum of compensation granted by the Tribunal, the claimants in the res...
G. Mohan Goud Vs. State Election Officer Commission and ors.
Court: Andhra Pradesh
Decided on: Nov-29-2005
Reported in: 2006(1)ALD265; 2006(2)ALT559
ORDERB. Seshasayana Reddy, J.1. These two petitions are filed seeking writ of certiorari to quash the order of Election Tribunal-Cum-Junior Civil Judge, Gadwal passed in E.O.P.No. 6 of 2001, dated 18-1-2005. Hence, both the writ petitions are heard together and are being disposed of by this common order.2. By the impugned order the Election Tribunal set aside the election of G. Mohan Goud-4th respondent in EOP No. 6/2001 as Sarpanch of Grampanchayath, Ghattu and directed to conduct fresh election as early as possible.3. W.P. No. 2997 of 2005 is filed by U. Yugandhar-petitioner in E.O.P.No. 6 of 2001 assailing the order to the extent of his not declaring as duly elected after setting aside the election of Respondent No. 4-G. Mohan Goud therein.4. W.P. No. 2635 of 2005 is filed by G. Mohan Goud-Respondent No. 4 in E.O.P.No. 6 of 2001 assailing the order to the extent of setting aside his election as sarpanch of Ghattu village.5. The parties hereinafter referred to as they are arrayed in ...
Ch. Kiron and ors. Vs. Collector and anr.
Court: Andhra Pradesh
Decided on: Nov-29-2005
Reported in: 2006(1)ALD412
ORDERB. Seshasayana Reddy, J.1. This writ petition has been filed by the petitioners who are four in number with a prayer to issue a writ of mandamus declaring the issuance of notification bearing No. G2/5945/2003, dated 6.12.2003 as amended by notification bearing No.G2/5945/2003, dated 8.12.2004 and all further proceedings including notification bearing No.G2/5945/2003, dated 9.12.2004 issued by the Collector, R.R. District-1st respondent as illegal, mala fide and contrary to law.2. Ch. Kiron-1st petitioner has sworn to the counter affidavit. The case of the petitioners as set out in the writ affidavit, in brief, is: Petitioner Nos. 1 to 4 purchased Ac. 1-00 guntas, Ac. 1-00 guntas, Ac. 2-00 guntas and Ac. 2-00 guntas respectively, totally admeasuring Ac.6-00 guntas comprising Sy.No. 90/1, situated at Gachibowli, Serilingampally Mandal and Municipality, R.R. District belonging to M/s. A.M.E.I. Power Limited (in liquidation), represented by the Official Liquidator, appointed by this C...
Siniginieedi Hymavathi and anr. Vs. V. Nageswara Rao and ors.
Court: Andhra Pradesh
Decided on: Nov-29-2005
Reported in: 2006(1)ALD655
P.S. Narayana, J.1. Introductory Facts:Defendants 1 and 2 in O.S. No. 129 of 1991 in the file of Subordinate Judge, Tadepallygudem preferred the present appeal as against the decree and judgment dated 31-12-1996. Respondents 1 and 2, the plaintiffs in the suit filed the suit for the relief of specific performance of the contract of agreement of sale directing the appellants herein-Defendants 1 and 2 to execute sale deed in favour of the first plaintiff for the western side Ac. 1.05 cents of plaint schedule property and for eastern side Ac. 1.05 cents of plaint schedule property in favour of the second plaintiff on receipt of the balance of sale consideration after discharging the mortgage debt due to the Muddunur Co-operative Society Limited and arrears of land revenue and also for the relief of permanent injunction and in the alternative for refund of the amount. The learned Judge on the strength of the respective pleadings of the parties, having settled the issues, recorded the evide...
Mahender Kumar Vs. Mohd. AllauddIn and anr.
Court: Andhra Pradesh
Decided on: Nov-29-2005
Reported in: 2006(1)ALD722; 2006(1)ALT456
ORDERN.V. Ramana, J.1. This C.R.P. is directed against the order dated 11-4-2005, passed by the Chief Judge, City Small Causes Court, Hyderabad, dismissing the appeal in R.A. No. 181 of 1998, by confirming the order dated 4-3-1998, passed by the Principal Rent Controller, Secunderabad, allowing R.C. No. 143 of 1996, filed by the respondents seeking eviction filed by the petitioner from the schedule premises.,2. The revision petitioner is the tenant while the respondents are the landlords. The respondents-landlords filed the R.C. seeking eviction of the petitioner from the schedule premises on the ground of bona fide requirement. The petitioner-tenant filed counter inter alia contending that he is using the premises for non-residential use, and the plea that the respondents-landlords required the premises for their bona fide requirement, is incorrect, they are living in their own house. The Principal Rent Controller, considering the rival contentions, allowed the R.C. Aggrieved thereby,...
Gugulod Ravoji Vs. Assistant Provident Fund Commissioner and anr.
Court: Andhra Pradesh
Decided on: Nov-29-2005
Reported in: 2006(2)ALD464; [2006(109)FLR940]
L. Narasimha Reddy, J.1. The petitioner was employed as Mazdoor on 1.4.1975, by the second respondent. 5 years thereafter, he was promoted as a Hoist Helper, and thereafter, as Bunker Helper. By November 2003, he was working as Charging Helper. Through proceedings dated 25.11.2003, the petitioner was informed that he attains the age of superannuation of 58 years on 25.11.2004, and accordingly, he was retired from service on 25.11.2004. The petitioner states that he objected to the said course of action, and made a representation, disputing the version of the respondent. It is alleged that the elder brother of the petitioner is employed in the second respondent itself and that he is due to retire on 28.1.2006, on attaining the age of superannuation.2. The petitioner was retired from service, with effect from 25.11.2004. He submitted his claim to the first respondent, for payment of the Provident Fund that remained to his credit. Vide his reply dated 12.1.2005, the first respondent retur...
Nalam Bharathi Vs. Secretary, Board of Secondary, Education, Govt. of ...
Court: Andhra Pradesh
Decided on: Nov-29-2005
Reported in: AIR2006AP137; 2006(1)ALD753
C.V. Ramulu, J.1. This second appeal is filed being aggrieved by a judgment and Decree dated 6-11-2000 made in A.S. No. 73 of 1999 on the file of the learned District Judge, East Godavari, Rajahmundry, wherein the judgment and Decree dated 8-9-1997 made in O.S.No. 46 of 1991 on the file of the learned I Additional District Munsif, Rajahmundry, decreeing the suit, has been partly reversed.2. The appellant is the plaintiff. Respondents are the defendants. The parties are hereinafter referred to as they are arrayed in the suit.3. It is the case of the plaintiff that she passed SSLC Examination from Town High School, Rajahmundry in March, 1964. Thereafter, she studied PUC, B.Sc, and M.Sc. After completion of her studies, she joined as Lecturer in the 4th defendant's College in the year 1983. Her date of birth was mistakenly reported by her parents as 10-3-1948. The said incorrect date of birth was mentioned in the SSLC register. In October, 1989 she came to know that her date of birth was ...
T. Suryanayak Vs. District Collector and ors.
Court: Andhra Pradesh
Decided on: Nov-29-2005
Reported in: 2006(2)ALD351; 2006(2)ALT106
ORDERV. Eswaraiah, J.1. This writ petition is filed to declare the order issued by the 1st respondent in proceedings, dated 15-10-2005, as illegal, arbitrary and violative of principles of natural justice and consequently direct the respondents to restore the authorization of the petitioner's fair price shop.2. The petitioner is a Fair Price Shop Dealer, Banapuram village of Mudigonda Mandal, Khammam District. Basing on the allegations that the petitioner has committed certain irregularities in supplying the essential commodities, a show cause notice, dated 11-10-2002, was issued framing the following four charges:Charge No.l:- That there is variation of stock of Qtls. 12.55 Rice and 0.77 kgs. Sugar less in the ground balance with stock register.Charge No.II:- That the dealer has tampered the issues in the record wilfully.Charge No.III:- That the dealer has distributed the Rice to non-card holders.Charge No.IV:- That the dealer has distributed O.25 Kgs. Rice to AAY Beneficiaries instea...
Anil Neerukonda Educational Society Vs. Principal Secretary, Govt. of ...
Court: Andhra Pradesh
Decided on: Nov-29-2005
Reported in: 2006(1)ALT601
L. Narasimha Reddy, J.1. The petitioner is an educational society, said to have been promoted mostly by nonresident Indians. It is stand that the object of the petitioner society is to promote medical, dental, nursing and para-medical education; and to undertake research in medical and health services.2. With an object of establishing the medical college at Sangivalasa village of Bheemunipatnam Mandal, Visakhapatnam District, the petitioner submitted an application to the 2nd respondent, Union of India, in accordance with the procedure prescribed under the Medical Council of India Act (for short 'the Act'); on 29-8-2005. Few days before it, i.e. 25-8-2005, the petitioner claims to have submitted an application to the 1st respondent, Government of Andhra Pradesh, with a request to issue Essentiality Certificate. On an examination of the application submitted by the petitioner, the2nd respondent addressed a letter dated 30-8-2005, pointing out that the application was not accompanied by ...
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