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Andhra Pradesh Court December 2005 Judgments

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Dec 20 2005

L.K. Kousalyadevi and anr. Vs. Commissioner, Municipal Corporation of ...

Court: Andhra Pradesh

Decided on: Dec-20-2005

Reported in: 2007ACJ301; 2006(1)ALD597; 2006(1)ALT281

G. Chandraiah, J.1. Heard both the counsel.2. Not being satisfied with the compensation awarded by III Additional Chief Judge, City Civil Court, Hyderabad in O.P. No. 647/1993 dated 26-7-1999, the claimants preferred this appeal.3. The brief facts of the case are that on 23-4-1993 at about 9.20 a.m., the deceased Venugopal was proceeding on his scooter bearing No. ABL 4382 to his work place at BDL, Kanchanbagh, Hyderabad and on reaching Dhobighat at Saidabad, one MCH lorry bearing No. ADT 5008 came from behind and hit the scooter and as a result, Venugopal died on the spot. The pillion rider T.V. Satyanarayana Murthy also sustained injuries. It was alleged that accident occurred due to rash and negligent driving of the driver of the lorry. The deceased was working as Junior Technician, drawing Rs. 3,300/- per month in B.D.L. The 2nd respondent is the wife of the deceased and as she was residing separately, the claimants who are the parents and brother of the deceased, alleged that she ...


Dec 20 2005

Alapati Vivekananda and anr. Vs. Karur Vysya Bank Ltd. Rep. by Its Bra ...

Court: Andhra Pradesh

Decided on: Dec-20-2005

Reported in: 2006(4)ALD667; 2006(1)ALT858

ORDERC.V. Ramulu, J.1. This revision is filed under Article 227 of the Constitution of India against the order made in PLC. No. 76 of 2002, dt. 28-09-2002, before the Lok Adalat, Prakasam District at Ongole.2. It appears that the petitioners herein obtained a loan from the Karur Vysya Bank Limited, respondent herein. At pre-litigation stage, the dispute was raised before the Lok Adalat. The Lok Adalat issued notices and pursuant thereto, the petitioners appeared before the Lok Adalat and agreed to pay an amount of Rs. 1,32,099/- (Rs. One lakh thirty two thousand and ninety nine only) on or before 31-01-.2003 to the Bank and in case of default, the Bank was entitled for a decree for Rs. 1.32,099/- with subsequent interest @ 12% per annum till realization. Aggrieved by the said order, the present revision is filed.3. The learned Counsel for the petitioners contended that the award passed by the Lok Adalat is contrary to law and is without any application or memorandum of compromise betwe...


Dec 20 2005

Yada Laxmi Vs. A.P. State Co-operative Bank and anr.

Court: Andhra Pradesh

Decided on: Dec-20-2005

Reported in: 2006(1)ALD733; [2006(108)FLR1178]

ORDERL. Narasimha Reddy, J.1. The husband of the petitioner was employed as an Attender in the 2nd respondent-Bank. He died on 27.1.2004, while in service. Thereupon, the petitioner filed an application with a prayer to provide her employment on compassionate grounds as well as to extend the monetary benefits, payable on account of the death of her husband. Complaining that no action has been taken thereon, the petitioner filed W.P. No. 4902 of 2004. The writ petition was disposed of on 18.3.2004, directing the respondents to pass appropriate orders. It was in this context that the 2nd respondent passed an order, dated 26.4.2004, stating that the scheme of providing employment to the dependants of the deceased-employees on compassionate grounds was discontinued. So far as the payment of the amounts towards Gratuity etc. is concerned, it was pointed out that the husband of the petitioner had availed various loans, such as personal loan, housing loan; totalling to Rs. 2,71,522/-, and tha...


Dec 20 2005

Hiranand and anr. Vs. T.N. Khambati and ors.

Court: Andhra Pradesh

Decided on: Dec-20-2005

Reported in: AIR2006AP103; 2006(1)ALT613

ORDERC.V. Ramulu, J.1. This revision is filed under Article 227 of the Constitution of India being aggrieved by a judgment and Decree dated 11-7-2002 in A.S. No. 67 of 1996 on the file of the learned I Additional Chief Judge, City Civil Court, Secunderabad, wherein the order dated 14-3-1995 made in I.A. No. 795 of 1994 in I.A. No. 1089 of 1991 in O.S. No. 596 of 1991 on the file of the learned 1 Junior Civil Judge, City Civil Court, Secunderabad dismissing the petition filed under Section 144 read with Section 151 of the Civil Procedure Code for removal of constructions made by the appellants herein in premises No. 1-8-215/24, Prenderghast Road, Secunderabad under the guise of status quo orders of the Court in I.A. No. 1089 of 1991 and for restoration of the status quo as on the date of filing of I.A. No. 1089 of 1991, was reversed and I.A. No. 795 of 1994 was ordered as prayed for.2. Originally, the said suit was filed by the petitioners herein (plaintiffs) against respondents 4 and 5...


Dec 20 2005

Lavuri Krishna Vs. Budige HussaIn and ors.

Court: Andhra Pradesh

Decided on: Dec-20-2005

Reported in: 2006(2)ALD192; 2006(1)ALT633

P.S. Narayana, J.1. Heard Sri M.S. Prasad, learned Counsel representing the revision petitioner and Sri Kiran Palakurthi, learned Counsel representing the first respondent/plaintiff.2. The civil revision petition is filed as against an order made in I.A.No. 1009 of 2005 in O.S.No. 20 of 1998 on the file of Senior Civil Judge, Nalgonda, dated 27-9-2005. The revision petitioner-7th defendant in the suit O.S. No. 20 of 1998 filed I.A.No. 1009 of 2005 under Section 5 of the Indian Limitation Act, 1973 for condonation of delay of one day in setting aside the ex parts decree. The said application was filed on the ground that there is a delay of only one day in filing an application to set aside the ex parte decree inasmuch as the period to be computed from the date of knowledge. The same was resisted by filing a counter in detail. The learned Judge on appreciation of the rival stand taken by the parties arrived at a conclusion that the petitioner had not approached the Court with Clean hands...


Dec 20 2005

Thippiripati Ijaiah Alias Ajay Vs. State of A.P.

Court: Andhra Pradesh

Decided on: Dec-20-2005

Reported in: 2006(1)ALD(Cri)339; 2006CriLJ1117

K.C. Bhanu, J.1. Challenging the conviction and sentence in S.C. No. 12 of 2003 on the file of the Court of the II Additional Sessions Judge, Kadapa at Proddatur dated 6-2-2004 wherein the appellant, who is the sole accused, was found guilty under Section 302, IPC and convicted under Section 235(2), Cr.P.C., and was sentenced to undergo life imprisonment and to pay a fine of Rs. 1000/- in default to suffer simple imprisonment for three months, this appeal is preferred.2. The brief facts that are necessary for disposal of the appeal may be stated as follows:The case of the prosecution is that the deceased Thippiripati Nette Kattamma was the concubine of the accused. Her marriage was performed ten years back, but she herself separated from her husband and living with the accused. She was an employee in Zuari Cement Factory and she was due a sum of Rs. 50,000/- to her creditors. On 28-3-2002 at about 8.30 p.m. at Railway Kottalu, Yerraguntla the accused came to her house in a drunken cond...


Dec 20 2005

Sabbu Yella Anjaneyulu Vs. Uppari Lakshmanna

Court: Andhra Pradesh

Decided on: Dec-20-2005

Reported in: 2006(3)ALD91; 2006(4)ALT219

C.Y. Somayajulu, J.1. This second appeal arises out of the judgment and decree in A.S. No. 103 of 1988, on the file of the Court of Subordinate Judge, Nandyal, reversing the judgment and the decree passed by the Court of the Principal District Munsif, Nandyal in O.S. No. 294 of 1983.2. For the sake of convenience, I would hereinafter refer the parties as they are arrayed in the trial Court.3. Plaintiff filed the suit against the defendant seeking a decree of perpetual injunction restraining the defendant from opening spout No. 2 in CD wall and for a mandatory injunction for removal of spout No. l of the CD wall as shown in the plaint plan, alleging that the defendant has while reconstructing his house, after demolition of the old house, raised the height of his roof and had fixed S-l spout and is about to open S2 spout for discharging rain water falling on his roof, on to the roof of his house though he has no such right as prior to reconstruction of his house the rain water from house...


Dec 20 2005

L.K. Kousalya Devi and anr. Vs. Municipal Corporation of Hyderabad and ...

Court: Andhra Pradesh

Decided on: Dec-20-2005

Reported in: III(2006)ACC219

G. Chandraiah, J.1. Heard both the Counsel.2. Not being satisfied with the compensation awarded by III Additional Chief Judge, City Civil Court, Hyderabad in O.P. No. 647/1993 dated 26th July, 1999, the claimants preferred this appeal.3. The brief facts of the case are that on 23 April, 1993 at about 9.20 a.m., the deceased Venugopal was proceeding on his scooter bearing No. ABL 4382 to his work place at B.D.L., Kanchanbagh, Hyderabad and on reaching Dhobighat at Saidabad, one M.C.H. lorry bearing No. ADT 5008 came from behind and hit the scooter and as a result, Venugopal died on the spot. The pillion rider T.V. Satyanarayana Murthy also sustained injuries. It was alleged that accident occurred due to rash and negligent driving of the driver of the lorry. The deceased was working as junior Technician, drawing Rs. 3,300 per month in B.D.L. The 2nd respondent is the wife of the deceased and as she was residing separately, the claimants who are the parents and brother of the deceased, al...


Dec 19 2005

Sri Sitharamaswamy Vari Devasthanam, Rep. by Its Managing Trustee Vs. ...

Court: Andhra Pradesh

Decided on: Dec-19-2005

Reported in: 2006(2)ALT4

ORDERC.V. Ramulu, J.1. This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against an order dated 25-6-2004 made in I.A. No. 626 of 2004 in O.S. No. 20 of 2004 on the file of the learned Additional Senior Civil Judge, Narsaraopet, Guntur District, allowing the said petition.2. The revision petitioner is the second defendant, first respondent is the plaintiff, and the respondents 2 and 3 are the defendants 1 and 3 in the suit. For the sake of convenience, the parties will be referred to as they are arrayed before the trial Court.3. Plaintiff laid the suit for specific performance of the lease agreement. It appears that after the suit was laid, the revision petitioner herein filed an application under Section 83 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short 'the Act') and the same is pending consideration. While so, the plaintiff filed the present I.A. No. 626 of 2004 in O.S. No. 20 of 2004 purported to u...


Dec 19 2005

Mullah Taher Ali Vs. Registrar, Ntr University of Health Sciences

Court: Andhra Pradesh

Decided on: Dec-19-2005

Reported in: 2006(2)ALT7

Bilal Nazki, J.1. Both these Writ Appeals are being disposed by common judgment, as there is common question of law and fact, although the learned single Judge has given different treatment to both the cases.2. Writ Appeal No. 2366 of 2005 is filed by the appellant-University against an order of the learned single Judge in W.P. No. 23120 of 2005, dated 3-11-2005 (2006 (1) ALT 577). Writ Petitioner-first respondent filed the writ petition seeking revaluation of her answer script in respect of Theory part of Rehabilitation Medicine subject pertaining to 8th Semester of Bachelor of Physio Therapy course. Writ Petitioner was a student of Physio Therapy and she failed in one of the papers viz., Rehabilation Medicine. She approached the Court seeking revaluation of her answer script on the following ground:I submit that if my Theory Paper in the subject of Rehabilitation Medicine is revalued, I am sure of getting through the same as I apprehend that some of my answers might not have been val...


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