Skip to content

Andhra Pradesh Court November 2005 Judgments

Browse smarter

Open an 18-section brief on any judgment

Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.

  • AI Brief & Ask
  • Semantic AI Search
  • Devil's Bench

Credentials emailed - log in to pick up where you left off.

Nov 10 2005

Mohammed Gulam Mustafa Vs. Mohammed Abdul Jabbar

Court: Andhra Pradesh

Decided on: Nov-10-2005

Reported in: 2006(1)ALT423

ORDERP.S. Narayana, J.1. Background facts:Mohd. Abdul Jabbar, hereinafter referred to as 'landlord' is the petitioner in R.C. No. 497/94 on the file of IV Additional Rent Controller, Hyderabad. Mohd. Ghulam Mustafa, hereinafter referred to as 'tenant' is the respondent in R.C.No. 497/94 on the file of IV Additional Rent Controller, Hyderabad. The learned Rent Controller on the strength of the evidence available on record recorded positive findings relating to wilful default for the period from September 1993 to August 1994, bona fide personal requirement of the landlord and also denial of title of the landlord by the tenant as mala fide and ordered eviction. The tenant preferred R.A.No. 94/2000 and the landlord preferred Cross-Objections relating to adverse finding numbered as R.A.No. 164/2000 on the file of Additional Chief Judge, City Small Causes Court, Hyderabad and the Appellate Authority confirmed the findings relating to wilful default and mala fide denial of title but however r...


Nov 09 2005

Kay Vee Enterprises Vs. Jawaharlal Nehru Technological University and ...

Court: Andhra Pradesh

Decided on: Nov-09-2005

Reported in: 2006(1)ALD126; 2006(1)ALT608

ORDERL. Narasimha Reddy, J.1. Both the writ petitions are filed by the same agency. The parties are referred to, as arrayed in W.P. No. 22877 of 2005.2. The petitioner is a registered Class-I contractor. Its annual turnover is said to be approximately Rs. 7.7 crores. The first respondent proposed to bring about the constructions of different categories, worth about Rs. 6.6 crores. With a view to select an agency for entrustment of the work and to award the contract, it issued a tender notice, dated 13.6.2005, in addition to inviting tenders through E-procurement. 15.10.2005 was stipulated, as the last date for submission of tenders. The process comprises of technical bid and price bid. The technical bids were scheduled to be opened on 15.10.2005 itself, and the price bids of those, who qualified in the technical bid, were to be opened on 17.10.2005.3. Petitioner states that according to the conditions of tender furnished through E-procurement, as well as annexure appended to the tender...


Nov 09 2005

Biragimut, Rep. by Executive Officer Vs. Noone Mallikarjuna and anr.

Court: Andhra Pradesh

Decided on: Nov-09-2005

Reported in: 2006(1)ALT198

ORDERC.Y. Somayajulu, J.1. A petition for amendment of his written statement filed by the petitioner was returned by the office of the trial Court on the following grounds :-(1) How this petition is maintainable shall be stated.(2) Notice to be given to the other side.It was represented with the following endorsement:Question of pecuniary jurisdiction goes to the root of the matter and can be raised any time and Order 7 Rule 10(1) is an indication thereof. For the valuation adopted in the plaint being upward of Rs. 5,00,000/-, this suit should have been filed in District Judge's Court. Hence, the objection to jurisdiction being vital, the petition is maintainable. Office of the trial Court again returned the petition with the following endorsement:How this petition is maintainable when the order pronounced on 9-8-2000 on merits on the file of the I Additional District Judge, Nellore, shall be stated. It was represented with the following endorsement:The learned Additional District Judg...


Nov 09 2005

Duvvuru Siva Kumar Reddy Vs. Malli Srinivasulu

Court: Andhra Pradesh

Decided on: Nov-09-2005

Reported in: 2007ACJ448; 2006(2)ALD787; 2006(1)ALT570

Acts/Rules/Orders: Motor Vehicles Act, 1988 - Sections 2, 50 and 177; Motor Vehicles Act, 1939 - Sections 31 and 112; Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960; Civil Procedure Code (CPC), 1908 - Section 141 - Order 5, Rules 9 to 13 and 15 to 30 - Order 9 - Order 13, Rules 3 to 10 - Order 16, Rules 2 to 21 - Order 17 - Order 18 - Order 28 - Rules 1 to 3 - Order 38, Rule 5; Andhra Pradesh Motor Vehicles Rules - Rules 455 to 473; Sale of Goods ActCases Referred: Imran Ansari v. Hajrat Ali Ansari 2004 ACJ 1056 (Jharkhand); S.N. Shanmugham v. Shankarlal Jain 2004 ACJ 1346 (Madras); New India Assurance Co. Ltd. v. Sheela Rani 1999 ACJ 213; Krishna Reddy v. K. Ramulamma 1994 (3) ALT 169; United India Insurance Co, Ltd. v. Rajendera Singh AIR 2000 SC 1165; State Road Transport Corporation v. Kailashnath Kothari 1997 ACJ 1148 (SC); P.P. Mohammed v. K. Rajappan 2003 ACJ 1595 (SC); Kondaiah v. Yaseen Fatima 1985 (2) ALT 88 : AIR 1986 A.P. 62; Panna Lal v. Chandmal AIR...


Nov 09 2005

Chief Executive Officer, Zilla Parishad Vs. C.V. Narasimha Rao and ors ...

Court: Andhra Pradesh

Decided on: Nov-09-2005

Reported in: 2006(1)ALT516

ORDERP.S. Narayana, J.1. This Court on 15-10-2003 while deciding C.R.P.No. 5613/2000, W.P.No. 1718/2001, W.P.No. 2669/97, Tr.A.S.No. 213/2002, W.A. Nos. 231 and 321 of 2001 observed, as far as W.A.Nos. 231 and 321 of 2001 are concerned, as hereunder:-W.A.No. 231/2001 is filed by the Chief Executive Officer, Zilla Parishad, Mahabubnagar, against the order dated 24-3-2001 in Rev. Petition No. 1404/2000 in W.P.No. 12815/99. Likewise, W.A. No. 321/2001 is filed as against the order in W.P.No. 12815/99 dated 27-12-1999.No doubt, in W.P.No. 12815/99, direction was given to initiate land acquisition proceedings. It is needless to say that these Writ Appeals cannot be disposed of at this stage on merits for the reason that the Appeal preferred by the Government is pending before the 2nd respondent in W.P.No. 1718/2001 and already a direction was issued to dispose of the matter expeditiously as possible and at any rate within a period of three months. Hence, liberty is given to the parties to m...


Nov 08 2005

Thonduri Changa Reddy Vs. Chillakuru Chandra Sekhara Reddy

Court: Andhra Pradesh

Decided on: Nov-08-2005

Reported in: 2006(1)ALT175

ORDERC.V. Ramulu, J.1. This Civil Revision Petition is filed under Article 227 of the Constitution of India being aggrieved by an Order dated 14-2-2005 passed in I.A. No. 30 of 2004 in A.S. No. 17 of 2003 on the file of the learned Senior Civil Judge, Gudur, Nellore district.2. None appears for the respondent in spite of service of notice through Court as well as by the learned counsel for the petitioner.3. The petitioner is the plaintiff in O.S. No. 114 of 1995 on the file of the learned Junior Civil Judge, Sullurpet, which was filed for declaration of title and recovery of possession and also for past and future rents. The respondent-defendant filed a written statement resisting the suit and stating that it is true that the plaint schedule land is the ancestral land of the plaintiff. However, he stated that he purchased the said land under an agreement of sale dated 8-6-1985 executed by the plaintiff, for a valuable consideration of Rs. 8,000/-. The said agreement of sale was duly at...


Nov 08 2005

Koganti Basava Sankara Rao Vs. Ravi Sambasiva Rao

Court: Andhra Pradesh

Decided on: Nov-08-2005

Reported in: 2006(1)ALD727

P.S. Narayana, J.1. The appeal is filed by the unsuccessful first defendant in O.S. No. 38/82 on the file of Subordinate Judge, Gudivada, aggrieved by the Judgment and Decree dated 8-3-1989. The respondent is the plaintiff in the suit. The plaintiff filed the suit for specific performance of the agreement of sale directing the first defendant to perform his part of the contract by forming a 30 feet width of road on the south of the entire Ac.1-69 cents in R.S. No. 293/2 of Gudivada upto the plots sold to A. Lalitamba and connecting the same to the Pamarru road on the west through the sites of B. Rama Mohana Rao and Sastrulu by negotiating with them for forming a road on the south of their sites or alternatively by forming a 30 feet width of road to the west of the schedule property in the other Ac.0-30 cents of the defendants in R.S.No. 293/2 connecting the same to the road on the west formed by Rammohana Rao and Sastrulu and from there to Pamarru road, measuring the schedule land and ...


Nov 08 2005

Bathineni Vijaya Lakshmi and anr. Vs. Gottimukkala Radhaiah

Court: Andhra Pradesh

Decided on: Nov-08-2005

Reported in: 2006(2)ALD322

P.S. Narayana, J.1. This appeal is filed by plaintiffs 2 and 3 as against the Judgment and Decree made in O.S. No.88/89 on the file of Subordinate Judge, Bapatla, dismissing the suit. Respondent is the defendant. Plaintiffs 2 and 3 were brought on record as the legal representatives of the deceased 1st plaintiff as per order in I.A.No.1048/94 dated 17-8-1994. The suit was filed for recovery of an amount of Rs.47,600/- on the basis of a promissory note. It was pleaded that on 20-8-1986 the defendant borrowed Rs.35,000/- from the plaintiff for raising tobacco and executed a promissory note undertaking to repay the said amount with interest at 12% p.a. It was also pleaded that the defendant is not entitled to the benefits of A.P. Act 45 of 1987 as he owns Ac.3-00 of wetland and Acs.5-00 of dry land. Despite repeated demands, since the defendant failed to pay the amount, the suit was filed. As already referred to supra, the original plaintiff died and plaintiffs 2 and 3 were added as legal...


Nov 08 2005

Guvvala Sudhakara Reddy Vs. Katamreddy Venugopala Reddy

Court: Andhra Pradesh

Decided on: Nov-08-2005

Reported in: 2006(2)ALT632

ORDERC.Y. Somayajulu, J. 1. Order directing the arrest of the revision petitioner, passed by the executing Court is challenged in this revision.2. In execution of a money decree obtained by the respondent against the revision petitioner, he filed a petition seeking arrest of the revision petitioner inter alia alleging that in spite of his owning a house worth Rs. 50,00,000/-at Gandhinagar, Nellore, from which he is receiving a monthly rent of Rs. 7,000/- by letting out a portion thereof as ago-down, and another building at Jawaharlal Road, Nellore, in which he let out 10 shop rooms in the ground floor on a monthly rent of Rs. 5,000/- per each shop and thereby earning Rs. 50,000/- per month as rents from that building, besides running a lodge under the name and style of 'Swagath Lodge' in the first floor of the said building earning about Rs. 10,000/- p.m. from that lodge and possessing other valuable sites at Nellore, is wilfully evading to pay the amount due to him.3. Revision petitio...


Nov 07 2005

B. Archana Reddy and ors. Vs. State of A.P., Rep. by Its Secretary, La ...

Court: Andhra Pradesh

Decided on: Nov-07-2005

Reported in: 2005(6)ALD582; 2005(6)ALT364

Bilal Nazki, A.C.J. for himself and on behalf of Hon'ble Sri R. Subhash Reddy, J.1. I have the privilege of going through the elaborate opinions framed by my brother Judges Mr. Justice Goda Raghuram and Mr. Justice V.V.S. Rao. By and large, I am in agreement with them, but there are some areas, where I could not pursue myself to go along with the opinion of my brothers, though the fate of the cases would be the same and the writ petitions would have to be allowed. Facts have been mentioned in detail by my learned brothers in then judgments, but in order to frame my opinion, certain facts would have to be repeated.2. Andhra Pradesh Reservation of seats in the Educational Institutions and of appointments/posts in the Public Services under the State to Muslim Community Ordinance, 2005 (Ordinance No. 13 of 2005, dated 20-06-2005), is under challenge in these writ petitions. A battery of lawyers assisted us in these writ petitions. There are writ petitioners, respondents and the intervenes....


  • Last »

AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial