Andhra Pradesh Court December 2005 Judgments
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Guduru Nirmala Vs. Guduru Ashok Kumar
Court: Andhra Pradesh
Decided on: Dec-12-2005
Reported in: AIR2006AP111; 2006(1)ALT728
ORDERC.V. Ramulu, J.1. This Civil Revision Petition under Article 227 of the Constitution of India is directed against an Order dated 4-10-2004 made in O.S.No. 17 of 2000 on the file of the learned Senior Civil Judge, Suryapet.2. The petitioner is the defendant and the respondent is the plaintiff in the above suit, which was laid seeking declaration of title and for recovery of possession of the suit schedule house and also for cancellation of the decree passed in O.S.No. 654 of 1980 on the file of the learned District Munsif, Suryapet. During the course of evidence, the petitioner defendant wanted to mark a simple agreement executed on stamp paper worth Rs. 5.50 ps. and also the decree passed in O.S.No. 654 of 1980. At that time, the respondent plaintiff raised an objection that agreement requires stamp duty, penalty and also registration in view of the nature of the recitals therein and the Civil Court decree also requires registration. In support of his contention, the plaintiff rel...
Amir Ali and anr. Vs. Maneck and ors.
Court: Andhra Pradesh
Decided on: Dec-12-2005
Reported in: 2006(1)ALD736
ORDERElipe Dharma Rao, J.1. Aggrieved of the common judgment dated 3-9-2002, passed in RA Nos.191, 194 and 192 of 1999 by the learned Additional Chief Judge, City Small Cause Court, Hyderabad, preferred against the common order dated 9-4-1999 in IA No. 6 of 1998 in RC No. 193 of 1997; IA No. 8 of 1998 in RC No. 193 of 1997 and dismissal of RC No. 193 of 1998, by the learned Additional Rent Controller, Secunderabad, the tenants preferred this civil revision petition.2. The factual matrix in a narrow compass is that the petitioners herein filed RC No. 193 of 1997 before the learned Additional Rent Controller, Secunderabad, under Section 8(5) of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (for brevity the Act) seeking permission to deposit rents for the period from March, 1997 onwards in respect of the premises bearing No. 134, present Municipal No. 1-6-49, Ground Floor, situated at Park Lane, Mahatma Gandhi Road, Opposite Gandhi Statue, Secunderabad, which was obtaine...
Md. TajuddIn Vs. Joint Collector and Ex-officio Executive Director and ...
Court: Andhra Pradesh
Decided on: Dec-09-2005
Reported in: 2006(1)ALD351
L. Narasimha Reddy, J.1. These two writ petitions relate to the award of contract for transporting the essential commodities, belonging to the A.P. Civil Supplies Corporation Limited, from the Mandal Level Stock Points to different villages in the district. While W.P. No. 19715 of 2005 relates to such contract from M.L.S. point Siricilla, the one in W.P. No. 19728 of 2005 relates to the M.L.S. points Karimnagar and Sultanabad. In both the cases, the tenders of writ petitioners were not accepted, on the ground that the rates quoted by them were not workable.2. Petitioners contend that the very object of inviting tenders is to award the contract on economical rates, offered by the tenderers and that there is no justification for the Corporation in rejecting their tenders.3. On behalf of the Corporation, counter-affidavits are filed, furnishing the facts and figures, in relation to the relevant tenders. It is stated that though the petitioners have offered fairly lower rates, their tender...
Chiguluri Krishna Rao, President, the Bezawada Bar Association Vs. Sta ...
Court: Andhra Pradesh
Decided on: Dec-09-2005
Reported in: 2006(1)ALD(Cri)90; 2006(1)ALT259
ORDERBilal Nazki, J.1. This writ petition was taken up on a letter by 'The Bezawada Bar Association', in which it was alleged that one Sri P. Sai Babu, an Advocate, was arrested in connection with a case registered under Section 332 of I.P.C. It appears that there was some incident involving the members of the Bar and the Police, where there were allegations and counter-allegations. After the said Sri Sai Babu was arrested, it was alleged that The Bezwada Bar Association President and members went to the Police Station, offered bail, but the Police Officer concerned refused to grant bail. Later, Sri Sai Babu was produced before First Chief Metropolitan Magistrate, Vijayawada. There also, the President and members of the Bar offered surety, but the Magistrate also did not grant him bail, although the offence was bailable.2. The Court took notice of the letter and a writ petition was registered. An order was passed by this Court on 28-6-2005, asking for an explanation from the Magistrate...
Chinnareddivari Ramachandra Reddy and ors. Vs. Archakam Sreenivasa Bha ...
Court: Andhra Pradesh
Decided on: Dec-09-2005
Reported in: 2006(1)ALD539; 2006(1)ALT641
ORDERC.V. Ramulu, J.1. This civil revision petition under Article 227 of the Constitution of India is directed against an Order dated 15-7-2004 made in I.A. No. 829 of 2004 in O.S.No. 188 of 2004 on the file of the learned Principal Junior Civil Judge, Punganur, Chittoor District.2. Petitioners are defendants and the respondent is the plaintiff in O.S. No. 188 of 2004, which was laid seeking permanent injunction restraining the defendants and their men from interfering with the functioning of the plaintiff as Archaka of Sri Venugopala Swamy Temple, Kudurucheemanapalli. Along with the suit, the respondent-plaintiff also filed LA. No. 829 of 2004 under Order XXXIX Rules 1 and 2 of the Civil Procedure Code seeking temporary injunction pending disposal of the suit. By an order dated 15-7-2004, the trial Court while depensing with urgent notice granted temporary injunction. Challenging the same, the present civil revision petition is filed.3. At the outset, it may be mentioned that though w...
K. Narayana Raju, Contractor Vs. Union of India (Uoi) Rep. by Its Gene ...
Court: Andhra Pradesh
Decided on: Dec-09-2005
Reported in: 2006(1)ALT756; 2006(2)ARBLR267(AP)
ORDERT. Ch. Surya Rao, J.1. Applicant seeks appointment of an independent arbitrator under Section 11, Sub-sections (5) and (6) of the Arbitration and Conciliation Act, 1996.2. Pursuant to the tender notice, dated 19-7-1999, issued by the respondent for construction of pile foundations, R.C.C. columns and superstructure between Chirala and Stuartpuram railway station, Vijayawada, Gudur section, the petitioner submitted his negotiated offer on 11-1-2000 and respondents accepted the same on 19-1-2000. As per the terms of the agreement, the work should be completed within 12 months from the date of acceptance letter i.e., on or before 18-1-2001. Initially value of the work was Rs. 1,54,62,330/- The parties entered into an agreement bearing N0.2/CAO/C/SC/2000 on 7-2-2000. The petitioner deposited an amount of Rs. 53,358/-towards EMD out of three crores to be deposited and requested the respondents to recover the balance amounts from his running bills and accordingly they recovered an amoun...
Mir Bazlay Ali Vs. Jagirdar Nirkhy Mir Mahammad Ali (Died) and ors.
Court: Andhra Pradesh
Decided on: Dec-09-2005
Reported in: AIR2006AP131; 2006(1)ALD814
C.V. Ramulu, J.1. This second appeal is filed under Section 100 of the Code of Civil Procedure being aggrieved by a judgment and Decree dated 27-4-2004 made in A.S. No. 192 of 2002 on the file of the learned IX Additional District Judge (Fast Track Court) at Guntur, wherein the judgment and decree dated 9-9-2002 made in O.S.No. 860 of 1997 on the file of the learned II Additional Senior Civil Judge, Guntur, dismissing the suit, was reversed.2. The appellant is the defendant. Respondent No. 1 is the plaintiff (since died and respondents 2 to 5 were brought on record as his legal representatives), who filed the suit in O.S. No. 860 of 1997 seeking permanent injunction restraining the defendant and his men from interfering with his peaceful possession and enjoyment of the plaint schedule property. The parties are hereinafter referred to as they are arrayed in the suit.3. It is the case of the original plaintiff that out of the suit schedule property of 2481/2 square yards, his father purc...
Mukesh Teli Vs. Bharati Teli and ors.
Court: Andhra Pradesh
Decided on: Dec-09-2005
Reported in: AIR2006AP256; 2006(3)ALD738
ORDERT. Ch. Surya Rao, J.1. The instant revision petition is directed against the order, dated 27-6-2005, passed by the learned Judge, Family Court, Hyderabad, in I.A. No. 1486 of 2004 in O.P. No. 902 of 2004. Both the learned Counsel agreed for the disposal of the revision petition at this stage of admission itself and accordingly the revision petition is being disposed of.2. The revision petitioner is the respondent in the interlocutory application filed in I.A. No. 1486 of 2004 by the respondents herein seeking interim maintenance at the rate of Rs. 53,200/- per month pending disposal of O.P. No. 902 of 2004, filed by the respondents seeking maintenance, on the file of the Family Court, Hyderabad. The first respondent is the wife and respondents 2 and 3 are their daughter and son respectively. The marriage of the petitioner with the first respondent was solemnized on 31-12-1983. Out of the lawful wedlock, respondents 2 and 3 were born to them. On the premise that the respondents wer...
Ganta Narsimha Rao Vs. Ganta Kanakamma
Court: Andhra Pradesh
Decided on: Dec-09-2005
Reported in: 2006(3)ALD667
ORDERT. Ch. Surya Rao, J.1. The order, dated 23-7-2003, passed by the learned Senior Civil Judge, Karimnagar, in I.A. No. 610 of 2003 in O.S. No. 105 of 1992, whereunder and whereby the learned Judge condoned the delay of 1230 days in filing an application to set aside the ex parte decree, dated 15-11-1999, is now sought to be assailed in the instant revision petition.2. The suit, O.S. No. 105 of 1992, was filed for partition by the plaintiff-revision petitioner claiming himself to be the adopted son of the late husband of the defendant-respondent herein. The defendant in the suit was set ex parte for her default in filing written statement. Therefore, she filed an application seeking to set aside the ex parte decree passed on 15-11-1999 accompanied by I.A. No. 610 of 2003 for condoning the delay of 1230 days occasioned in having filed such application. The grounds set forth inter alia in the petition appear to be that the plaintiff was never adopted by her husband and that after the d...
Nekkalapudi Ramakrishna Pratap Vs. District Collector-cum-arbitrator a ...
Court: Andhra Pradesh
Decided on: Dec-08-2005
Reported in: AIR2006AP136; 2006(1)ALD511; 2006(2)ARBLR315(AP)
ORDERV.V.S. Rao, J.1. The petitioner's land was acquired by the National Highways Authority of India under the provisions of Sections 3A to 3J of the National Highways Act, 1956 (for short 'the Act'). The District Collector, who is the authority competent to adjudicate the claims for enhancement of the amount awarded by the competent authority under Section 3G(5) of the Act, by proceedings dated 29.9.2005, dismissed the claims of the petitioner and confirmed the award passed by the Land Acquisition Officer. The said proceeding of the District Collector-cum-Arbitrator under the Act is assailed in the writ petition.2. Section 3G of the Act deals with determination of the amount payable as compensation in the event of person's land being acquired by the National Highways Authority. The same reads as under.3G. Determination of amount payable as compensation-(1) Where any land is acquired under this Act, there shall be paid and amount which shall be determined by an order of the competent a...
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