Andhra Pradesh Court February 2005 Judgments
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Shaik Yusuf Basha Vs. Delhi Massa Bi
Court: Andhra Pradesh
Decided on: Feb-24-2005
Reported in: 2005(3)ALD520; 2005(3)ALT640
ORDERD.S.R. Varma, J.1. Heard both sides.2. This civil revision petition, under Article 227 of the Constitution of India, is directed against the order, dated 9-9-2004, passed by the Principal Junior Civil Judge, Nandyal, in LA. No. 465 of 2004 in O.S. No. 402 of 1999. By that order, the Court below dismissed the application filed by the petitioner under Order 6 Rule 17 of the Code of Civil Procedure (for short 'C.P.C') praying to permit him to amend the written statement as proposed in the accompanying petition.3. The revision petitioner is the defendant and the respondent is the plaintiff in the suit. It is expedient to refer the parties in this order as they were arrayed in the suit.4. The facts, shorn of unnecessary details, are that the plaintiff filed the suit for declaration of title and injunction on various grounds. The defendant filed written statement repudiating the plaint pleadings - added to that he specifically pleaded that he has right over the suit schedule property by...
Sanapala Sreedharudu and ors. Vs. Executive Officer and ors.
Court: Andhra Pradesh
Decided on: Feb-24-2005
Reported in: 2005(4)ALD71
ORDERElipe Dharma Rao, J.1. This writ petition is filed invoking the jurisdiction of this Court Article 226 of the Constitution of India. The Petitioners 1 to 24 herein are the Respondents 2 to 22 in OP No. 48 of 1980 on the file of the Court of District Judge, Visakhapatnam. The petitioners herein have filed this writ petition questioning the correctness or otherwise the findings of the District Judge, Visakhapatnam, dated 6-3-1982 passed in OP No. 48 of. 1980 to the extent of apportioning the compensation deposited by the APSEB represented by its Chairman, Vidyut Soudha, Hyderabad and the Assistant Executive Engineer, TLC Sub-Station, APSEB Visakhapatnam, who are petitioners in OP.No. 48 of 1980 at 3:1 ratio among the Respondent No. 1; namely, the Executive Officer, Simhachalam Devasthanam, Simhachalam on the one hand and Respondents 2 to 22 therein on the other hand and that seeking mandamus to declare that the petitioners are entitled to receive the entire amount of Rs. 2,50,000/-d...
Dadi Adi Siva Nooka Raju Vs. Polamarasetty Venkata Appa Rao and anr.
Court: Andhra Pradesh
Decided on: Feb-23-2005
Reported in: 2005(3)ALD262
V.V.S. Rao, J.1. The petitioner is plaintiff in OS No. 135 of 2003. He instituted the said suit on the file of the Court of Senior Civil Judge, Anakapalli alleging that he is carrying on business in manufacturing and selling soft drinks using the trade name on the bottle 'Gemini' soft drinks and 'Siva' soft drinks. He alleged that first defendant, first respondent herein, who is a partner of the registered firm in the name and style of 'Gemini Drinks Company at Kondapaka, near Anakapalli and therefore he claimed absolute right of the trade mark and sought to restrain the defendants from using the label 'Gemini'. Along with the suit the petitioner filed IA No. 652 of 2003. The Trial Court ordered notice. After receiving the notice, the defendants filed IA No. 35 of 2004 raising a preliminary objection as to the competency and jurisdiction of the Court of Senior Civil Judge, to entertain a suit in relation to a trademark. The said application being IA No. 35 of 2004 was filed under Order...
A.K. Lakshmipathy (Died) by Lr and ors. Vs. Rai Saheb Pannalal Hiralal ...
Court: Andhra Pradesh
Decided on: Feb-23-2005
Reported in: 2005(5)ALD658; 2005(6)ALT238
V.V.S. Rao, J.1. These two appeals are filed against the judgment and decree in O.S. No. 31 of 1985 dated 25.8.1993 passed by the Court of the Principal Subordinate Judge, Ranga Reddy District. C.C.C.A. No. 88 of 1993 is filed by the plaintiffs and A.S. No. 673 of 1995 is filed by the defendants insofar as the trial Court directed the defendants to refund a sum of Rs. 1,00,000/- (Rupees one lakh only) to plaintiffs which they have paid to the defendants as an advance. The suit was filed by the plaintiffs for specific performance of agreement of sale deed dated 6.12.1978. The trial Court dismissed the suit insofar as the said prayer is concerned and passed a decree for refund of the advance amount. Aggrieved by the judgment, both the parties are before this Court. For the sake of convenience, the parties are referred to as they are arrayed in the suit.2. The plaint allegations, in brief, are as follows: The property bearing Municipal No. 1-11-251 comprising a double storied building wit...
P. Keshava Reddy and anr. Vs. Municipal Commissioner, Manchiryala Muni ...
Court: Andhra Pradesh
Decided on: Feb-22-2005
Reported in: 2005(3)ALD82
ORDERC.Y. Somayajulu, J.1. The case, in brief, of the petitioners is that godown bearing Door No. 6-3(old) corresponding to new No. 6-8 at Vegetable Market, Manchiryala, Adilabad District was purchased in 1962 under a registered sale deed in the name of the first petitioner as their joint family property and is being let out to third parties on rent. First respondent (Municipality) even without the consent of the first petitioner and even though there is no partition among them and their brother, was issuing tax receipts in respect of the said property in the name of their brother P. Mukunda Reddy, who died on 23.2.1986. After the death of Mukunda Reddy first respondent, even without notice to them (petitioners) mutated the said property in the name of the widow of Mukunda Reddy i.e. third respondent. After coming to know about the said fact, first petitioner had on 8.5.2001 made a representation to the first respondent with all the documents, including the registered sale deeds not to...
G. Shravan Kumar Reddy Vs. State of Andhra Pradesh, Rep. by Its Princi ...
Court: Andhra Pradesh
Decided on: Feb-22-2005
Reported in: 2005(3)ALD732; 2005(3)ALT470
ORDERP.S. Narayana, J. 1. One Koteswara Raju and the present writ petitioner had set the law in motion by filing O.A.No. 3908/98 on the file of A.P. Administrative Tribunal, in short referred to as 'Tribunal' hereinafter, questioning Memo No. 9900/E4/88, dated 26-5-1998 on the ground that the same is arbitrary, illegal, violative of Articles 14 and 16 of the Constitution of India and the Special Rules in G.O.Ms.No. 215, dated 13-5-1970, A.P. State and Subordinate Services Rules, 1962 and 1996 and without jurisdiction.2. It may be appropriate to have a look at the impugned Memo in the O.A. which reads as hereunder:GOVERNMENT OF ANDHRA PRADESHDEPARTMENT OF MINES ANDGEOLOGY: HYDERABADMemo No. 9900/E4/88 Dated: 26-5-1998Sub: Establishment-Department of Mines and Geology, Hyderabad-Regulation of Service and Declaration of probation in the category of Inspectors in the District and Regional Offices - Issue of notices to the affected individuals-Reg.The attention of the Royalty Inspectors who...
G. Krishna @ G. Kistaiah Vs. M. Ramakrishna Reddy and ors.
Court: Andhra Pradesh
Decided on: Feb-22-2005
Reported in: 2005(3)ALD617; 2005(3)ALT648
ORDERElipe Dharma Rao, J.1. Aggrieved by the order dated 27-2-2003 in IA No. 1585 of 2002 in OP No. 81 of 2000 on the file of the learned Principal Senior Civil Judge, Ranga Reddy Disrtict, in dismissing the application filed under Sections 10 and 151 of CPC seeking stay of the OP, this civil revision petition is filed.2. The brief facts that are necessary for disposal of the revision petition are that the revision petitioner contested the election as Member/Councillor to Uppal Kalan Municipality, which was held on 9-3-2000 and was declared elected as Member/Councillor on 29-3-2000. Thereafter, the unsuccessful candidate-first respondent herein gave a complaint to the Municipal Commissioner with regard to the disqualification of the petitioner on the ground that he is having more than two children. Thereafter, the Municipal Commissioner issued a show-cause notice to the revision petitioner on 6-4-2000 regarding the allegation made against him i.e., he is having more than two children a...
Gollavilli Primary Agricultural Co-op. Credit Society Ltd. Vs. the Ori ...
Court: Andhra Pradesh
Decided on: Feb-22-2005
Reported in: 2007ACJ329; AIR2005AP519
ORDERC.Y. Somayajulu, J. 1. Petitioner a Society registered under the provisions of the Andhra Pradesh Co-operative Societies Act, 1964, in pursuance of the decision taken by the Andhra Pradesh Co-operative Banks Association on 27-3-1999, to continue the benefit of the Janata Group Accident Insurance Scheme for the members of the various Co-operative Primary Agricultural Societies, in order to cover the risk of its members paid the required premium of Rs. 8.70 ps. for each of its members on 28-5-1999 to the first respondent. N. Satyanarayana, a member of the petitioner society, who was bitten by a dog on 2-5-1999, and was undergoing treatment died on 3-7-1999 due to Rabies, as certified by the Civil Assistant Surgeon, government Hospital, Amalapurarn. Consequently petitioner made a claim for payment of one lakh rupees due to the death of the said Satyanarayana, which was turned down by the first, respondent on the ground that the risk commenced on 2-5-1999 long before the payment of pr...
Gollavilli Primary Agricultural Co-op. Credit Society Ltd. Vs. Orienta ...
Court: Andhra Pradesh
Decided on: Feb-22-2005
Reported in: II(2007)ACC686
C.Y. Somayajulu, J.1. Petitioner a society registered under the provisions of Andhra Pradesh Cooperative Societies Act, 1964, in pursuance of the decision taken by the Andhra Pradesh Cooperative Banks Association on 27.3.1999, to continue the benefit of the Janata Group Accident Insurance Scheme for the members of the various Cooperative Primary Agricultural Societies, in order to cover the risk of its members paid the required premium of Rs. 8.70 for each of its members on 28.5.1999 to the respondent No. 1. N. Satyanarayana, a member of the petitioner society, who was bitten by a dog on 2.5.1999 and was undergoing treatment died on 3.7.1999 due to rabies, as certified by the Civil Assistant Surgeon, Government Hospital, Amalapuram. Consequently petitioner made a claim for payment of Rs. 1,00,000 due to the death of the said Satyanarayana; which was turned down by respondent No. 1 on the ground that the risk commenced on 2.5.1999 long before the payment of premium on 28.5.1999. Hence, ...
P. Rahmath Khan Vs. Joint Collector and ors.
Court: Andhra Pradesh
Decided on: Feb-21-2005
Reported in: 2005(2)ALD492
ORDERL. Narasimha, J.1. Petitioner is a fair price shop dealer at Manchalakatta Village, Gadivemula Mandal, Kurnool District. He was issued a show cause notice dated 16-1-2005 by the 2nd respondent, pointing out certain irregularities, said to have been committed by him. The petitioner submitted his explanation on 28-1-2005, denying the allegations. On a consideration of the same, the 2nd respondent passed an order dated 7-2-2005, suspending the authorization of the petitioner, pending enquiry. Petitioner preferred an appeal before the 1st respondent and filed an application for stay. The grievance of the petitioner is that the 1st respondent has rejected the application for stay, through his order dated 10-2-2005. Hence this writ petition.2. Heard the learned Counsel for the petitioner and the Government Pleader for Civil Supplies.3. Though the occasion for filing of this writ petition, is the denial of the stay by the appellate authority, the matter is argued at length on merits.4. U...
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