Andhra Pradesh Court December 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.
Vemcharla Padmavathamma and ors. Vs. Shantilal
Court: Andhra Pradesh
Decided on: Dec-23-2005
Reported in: 2006(2)ALD699; 2006(2)ALT38; I(2007)BC330
ORDERC.Y. Somayajulu, J.1. Revision-petitioners are the defendants in a suit filed by the respondent against them for recovery of the advance paid by him under an agreement of sale of the property belonging to them, on the ground that revision petitioners committed breach of the agreement in which revision-petitioners filed written statement inter alia contending that it is the respondent that committed breach of the agreement and for the breach committed by him, they suffered a huge loss, and so they are entitled to forfeit the amount paid by the respondent under the agreement of sale as advance.2. During the pendency of the suit, they filed a petition seeking leave of the Court to amend their written statement inter alia contending that as they had to sell the property covered by the agreement of sale under a registered sale deed dated 21-11 -2002 for a small price to Smt. Kamala Devi and incurred a heavy loss, that plea also may be permitted to be incorporated in their written state...
Samanthapudi Vijaya Lakshmi Vs. State Bank of India, Kovvur Branch and ...
Court: Andhra Pradesh
Decided on: Dec-23-2005
Reported in: 2006(2)ALD778; 2006(3)ALT193
ORDERA. Gopal Reddy, J.1. This appeal arises from an order passed by the Senior Civil Judge, Kowur dated 20-4-2000 in EA No. 1020/99 in EP No. 46/98 in OS No. 192/87 dismissing the application filed under Order 21 Rule 90 read with Section 151 CPC by the 6th judgment-debtor.2. The appellant herein is the petitioner-6th judgment-debtor in the above application.3. EA No. 1020/99 was filed by the 6th judgment-debtor seeking to set-aside the auction sale conducted on 17-11-1999 in EP No. 46/98, filed for execution of the decree passed in OS No. 192/87. The first respondent-decree-holder/Bank filed EP for due recovery of the decretal amount by sale of mortgaged property, in which, the appellant-6th judgment-debtor was served with a notice. He filed a counter raising certain objections that the Court Amin undervalued the property, which has been overruled and posted EP for settlement of terms. The terms were settled on 22-9-1999 fixing the date for sale on 17-11-1999. The proclamation, conta...
Laxminivas Agarwal Vs. Andhra Semi Conductors Pvt. Ltd. and ors.
Court: Andhra Pradesh
Decided on: Dec-23-2005
Reported in: 2006CriLJ2643
P. Lakshmana Reddy, J.1. This is an appeal filed against the order of acquittal, dated 11-12-2002 recorded by the IV Metropolitan Magistrate, Hyderabad in C.C. No. 789 of 2000.2. The appellant is the complainant and the respondents 1 to 4 are the accused in the trial Court and hence they will hereinafter be referred as complainant and accused in this judgment respectively.3. The relevant facts in brief are as follows:The complainant filed a private complaint against the accused 1 to 4 before the IV Metropolitan Magistrate, Hyderabad alleging that the accused No. 1 is a company, Accused 2 to 4 are the Directors in the said company and that Al to A4 approached the complainant for deposit of Rs. 4.30 lakhs in the month of September, 1998 for the supply of BEL components and accordingly the complainant paid Rs. 4.30 lakhs by way of three cheques dated 17-9-1998, 17-9-1998 and 15-4-1999 and all those cheques have been encashed by the accused. The accused in discharge of the said liability i...
D. Talupulu (Died) Per L.R. Vs. M. Venkata Raju and anr.
Court: Andhra Pradesh
Decided on: Dec-22-2005
Reported in: 2006(2)ALD470; 2006(1)ALT684
ORDERP.S. Narayana, J.1. D. Talupulu, the unsuccessful tenant both before the learned Rent Controller and the appellate Authority had preferred these two C.R. Ps., under Section 22 of the A.P. Buildings (Lease, Rent and Eviction) Control Act 1960, hereinafter, in short, referred to as 'the Act' for the purpose of convenience. The said D. Talupulu died and his son D.A. Raju was brought on record as legal representative, who is further prosecuting these C.R. Ps. The respondents in C.R.P. No. 3351 of 1997, M. Venkata Raju and M. Shanta Kumari filed R.C.C. No. 2 of 1994 which was re-numbered as R.C.C. No. 271 of 1995 on the file of Rent Controller praying for eviction of the tenant from the petition schedule premises under Section 10(1), 10(2) (ii) (a) and (b), 10(3) of the Act. The tenant filed R.C.C. No. 67 of 1993, which was renumbered as R.C.C. No. 297 of 1995 under Section 8 of the Act praying for permission to deposit the rents. The learned Rent Controller, Vishakapatnam after record...
D. Sankar Naidu Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Dec-22-2005
Reported in: 2006(1)ALD587
ORDERG. Rohini, J.1. This writ petition is filed seeking a declaration that the order of the 1st respondent-Government of Andhra Pradesh, in G.O. Ms. No. 95 Transport Roads and Building (TR.I) Department, dated 11.5.2005, as illegal and arbitrary, and consequently, to restore the State Transport Authority (for short the 'STA'), constituted under G.O. Ms. No. 21, TR&B; (Tr.II) Department dated 13.11.2003.2. The writ petitioner was appointed as a non-official member of the STA, constituted under G.O. Ms. No. 201 dated 13.11.2003, for a period of three years with effect from 13.11.2003. It is not in dispute that the said order was passed in exercise of the power conferred under Section 68(1) of the Motor Vehicles Act, 1988, read with Rule 131 of the A.P. Motor Vehicle Rules, 1989 (for short 'the Rules'). As per the said order, the term of the STA would expire on 12.11.2006. However, the 1st respondent-Government, issued the impugned G.O. Ms. No. 95, dated 11.5.2005 reconstituting a fresh ...
Mr. X, Indian Inhabitant Vs. Chairman, State Level Police Recruitment ...
Court: Andhra Pradesh
Decided on: Dec-22-2005
Reported in: 2006(2)ALD513; 2006(2)ALT82
Ramesh Ranganathan, J.1. Both Sri Anand Graver, learned Counsel appearing on behalf of Sri Bhaskar Benny, learned Counsel for the petitioner and the Learned Government Pleader for services, appearing on behalf of the respondents, agree that the writ petition itself be finally heard.2. The writ petition is filed against the order of the A.P. Administrative Tribunal, (hereinafter referred to as the Tribunal), in O.A.No. 4174 of 2004 dated 23-2-2005, wherein it was held that in view of Rule 13 of the Rules, issued in G.O.Ms.No. 315 Home Department dated 13-10-1999, read with Order70(3) of the A.P. Revised Police Manual prohibiting entry of persons, having HIV positive, into government service, the action of the respondents in not sending the petitioner for training, on his provisional selection as a stipendiary trainee cadet Sub-Inspector, was legal and valid. Among the reliefs sought for in this writ petition, is for a declaration that Order 70.3 of the Revised A.P. Police Manual Part I,...
Gorrepati Indira Vs. M. Marri and ors.
Court: Andhra Pradesh
Decided on: Dec-22-2005
Reported in: 2006(4)ALD105; 2006(1)ALT745
ORDERP.S. Narayana, J.1. These civil revision petitions are filed by the un-successful landlady being aggrieved by the reversing order made by the Principal Senior Civil Judge-appellate authority in the respective R.C.C.M.As.2. The landlady filed R.C.C.Nos. 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23 of 1984 on the file of the Rent Controller, Vijayawada and the learned Rent Controller after recording the evidence of P.Ws.1 and 2 and marking Exs.A-1 to A-40 and after recording the evidence of R.W.1/respondent in R.C.C.No. 21 of 1984, R.W.2 in R.C.C.No. 19 of 1984 and R.W.3 in R.C.C.No. 20 of 1984 and after marking Exs.B-1 to B-4, having framed the points for consideration, on appreciation of evidence, came to the conclusion that the land lady is entitled to the relief prayed for and allowed the aforesaid R.C.C.s. It is stated that in pursuance there of, four of the tenants had vacated the respective premises, but, however, the others had carried the matter by way of appeals and the appel...
K. Venkat Reddy (Died) by Lrs. Vs. Kunuthuru Akkamma and anr.
Court: Andhra Pradesh
Decided on: Dec-22-2005
Reported in: 2006(2)ALD398
S. Ananda Reddy, J.1. The defendant is the appellant, and the appeal is directed against the order of the Additional District Judge, Anantapur in A.S.No.75 of 1988, dated 3-11-1995 under which the judgment and decree passed by the Principal Subordinate Judge, Anantapur in O.S.No.141 of 1978, dated 29-2-1988 was confirmed.2. In the second appeal the following substantial questions are raised for consideration of this Court :(1) Whether the Courts below acted legally in holding that the relinquishment deed was acted upon even though the subsequent deed i.e., Ex.B.l partition deed was executed between the parties ?(2) Whether the Courts below acted legally in drawing a presumption that the document is a genuine document on the ground that the same is 30 years old ?(3) Whether the reasoning of the Courts below for holding that the document Ex.A-1 is true, valid and binding on the appellant is legally sustainable ?3. The respondent/plaintiff filed the above suit for declaration of title and...
Taufeeq Hassan and anr. Vs. Dr. Khurshid Ara Begum and ors.
Court: Andhra Pradesh
Decided on: Dec-21-2005
Reported in: 2006(3)ALD494
P.S. Narayana, J.1. Defendants 2 and 4 in O.S. No. 1195 of 1989 on the file of the IV Additional Judge, City Civil Court, Hyderabad, are the appellants. Respondents 1 and 2 are the plaintiffs in the suit. The plaintiffs filed the suit for declaration that the plaintiffs 1 and 2 are the legal heirs of deceased Dr. Tajammul Hussain, as per the Succession Certificate granted in O.P.No. 15 of 1985 by the Court of the VIII Assistant Judge, City Civil Court, Hyderabad, on 27-2-1989 and are alone entitled to the shares of 1/8th and 7/8th respectively as per Shia Law of inheritance to all the amounts in the Banks. Margadarshi Chit Fund Private Limited and shares as shown in schedule 1 and 2 of the plaint with a right to operate and withdraw the same.2. Here itself it may be mentioned that in Para 13(b) of the plaint, the following relief was prayed for:That as per the undertaking the 2nd defendant is bound to pay the 1st and 2nd plaintiffs Rs. 86,350/- withdrawn by him surreptitiously praying ...
Taufiq Hassan Vs. Dr. Khurshid Ara Begum and anr.
Court: Andhra Pradesh
Decided on: Dec-21-2005
Reported in: 2006(4)ALD486
P.S. Narayana, J. 1. The second defendant in O.S. No. 941 of 1987 on the file of the V Additional Judge, City Civil Court, Hyderabad, had preferred this appeal. The respondents in this appeal are the plaintiffs in the suit.2. The parties hereinafter would be referred to as plaintiffs and defendants as arrayed in the original suit,3. The widow and the daughter of late Dr. Tajammul Hussain filed the suit O.S. No. 941 of 1987 praying for declaration of title, recovery of possession and mesne profits in relation to the plaint schedule property i.e., portion in possession of the appellant in premises No. 3-6-319, Hyderguda, on the ground that they are the legal heirs of the deceased Dr. Tajammul Hussain as per Shia Law of inheritance. The learned Judge on the strength of the pleadings of the respective parties, having settled the issues, recorded the evidence of PWs. 1 and 2 and DW1, marked Exs. A1 to A25 and Ex. B1 and ultimately decreed the suit without costs. Aggrieved by the same, the p...
- ‹ Prev
- 1
- 2
- 4
- 5
- 6
- 7
- 8
- 9
- 10
- Next ›
- Last »