Andhra Pradesh Court February 2005 Judgments
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Konati Swamanna Vs. Golla Venkataswamy
Court: Andhra Pradesh
Decided on: Feb-07-2005
Reported in: 2005(2)ALD282; 2005(2)ALT58
ORDERD.S.R. Varma, J.1. Heard the learned counsel for the parties. Perused the material placed before me.2. This revision is directed by the petitioner against the order dated 6-12-2004 passed in CFR No. 3046 of 2004 in an unregistered CMA which was filed under Order XLIII Rule 1(j) of CPC, on the file of the Court of Senior Civil Judge, Nandikotkur, aggrieved by the order and decree passed on 29-10-2004 by the trial Court in EA No. 148 of 2004 in E.P.No. 70 of 2003 in O.S.No. 31 of 2001.3. The facts of the case appear to be that the petitioner filed an application before the executing Court under Order XXI Rule 90 CPC and the same was dismissed by an order dated 29-10-2004 after conducting an enquiry. The said order was challenged by way of an appeal before the lower appellate Court under Order 43 Rule 1 (j) CPC, but, it seems that the same was rejected on the ground that no appeal lies against the order passed in an application under Order XXI Rule 90 CPC. Order XLIII Rule 1 (j) read...
M. Krishna and anr. Vs. A.P. Co-operative Tribunal and ors.
Court: Andhra Pradesh
Decided on: Feb-07-2005
Reported in: AIR2005AP309; 2005(2)ALD563; 2005(2)ALT698
ORDERL. Narasimha Reddy, J.1. Petitioners challenge the order, dated 22.11.2004, passed by the A.P. Co-operative Tribunal (for short 'the Tribunal'), the first respondent, in C.T.A. No. 61 of 2003. As an alternative prayer, they seek a declaration that Rule 52 of the A.P. Co-operative Societies Rules, 1964 (for short 'the Rules') is ultra vires the provisions of the A.P. Co-operative Societies Act, 1964 (for short 'the Act').2. The facts that gave rise to the filing of this writ petition, in brief, are as under:3. The fourth respondent borrowed a sum of Rs. 25,00,000/- from Co-operative Urban Bank Limited, Hyderabad (for short 'the Bank'), the fifth respondent, in the year 1998. There was default in repayment of the same. Therefore, the Bank initiated proceedings for recovery of the amount. An Award dated 6.5.2000 in A.R.C. No. 81 of 2000 was passed by the Deputy Registrar of Co-operative Societies, the second respondent, holding that the fourth respondent is liable to pay a sum of Rs....
Cairn Energy India Private Limited Vs. C.B.E. and C.
Court: Andhra Pradesh
Decided on: Feb-07-2005
Reported in: 2005(183)ELT3(AP)
ORDERM.H.S. Ansari, J.1. Though several contentions have been raised, we shall refer only to certain relevant contentions and that too for the purposes of the interim orders prayed for, as after having heard the learned counsel for the petitioner, we are inclined to admit the writ petition which raises a question as to the jurisdiction of the respondent authorities to levy and consequently to demand payment of interest on alleged delayed payment of cess.2. One of the contentions at the threshold raised by Mr. A. Rajasekhara Reddy, learned Senior Standing Counsel for Central Government, was as to the maintainability of the writ petition on the ground of availability of alternative efficacious remedy of appeal against the impugned order levying interest. We are inclined to admit the writ petition, as noticed above, the question as to the very jurisdiction to levy interest is raised, the petitioner having taken a conscious decision to test the impugned order on the ground of jurisdiction....
Syed Ahmed MohiuddIn (died) per L.R. Vs. Dr. Wilfred De'Souza
Court: Andhra Pradesh
Decided on: Feb-07-2005
Reported in: 2005(3)ALD396; 2005(3)ALT23
ORDERElipe Dharma Rao, J.1. Aggrieved of the order dated 13-5-2003 in R.A. No. 217 of 2002, by the learned Chief Judge, City Small Causes Court, Hyderabad, whereby the learned Judge allowed the application setting aside the order dated 2-5-2002 passed in I.A No. 197 of 1995 in R.C. No. 604 of 1993 by the learned II Addl. Rent Controller, Hyderabad, leaving it open for the respondent herein to approach the Civil Court for declaration of his tenancy rights, the proposed party said to be nephew of the deceased tenant filed this revision petition.2. Few facts that are necessary for the disposal of this revision petition are that the petitioner herein is the nephew of the deceased tenant, late Syed Ahmed Mohiuddin, who died on 26-11-1995 leaving behind the petitioner as his successor. It is the case of the petitioner that he was assisting the deceased in his business being run in the mulgi and after his death, he is running the business in the said mulgi and, therefore, he being in possessi...
S. Peddi Raju and ors. Vs. Govt. of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Feb-07-2005
Reported in: 2005(4)ALT443
S. Ananda Reddy, J.1. The present writ appeal is filed by the appellants who are stated to be the employees of the respondent Co-operative Society. When the 5th respondent Society discontinued the engagements of the services of the petitioners, they have come up before this Court with a writ petition seeking Mandamus declaring the action of the respondent in terminating the petitioners from services by an order dated 31-3-2003 as illegal and with a consequential direction to continue them. The said writ petition was dismissed by a learned single Judge of this Court by following his own order in a batch of writ petitions in W.P. No. 3171 of 2003 and Batch. Aggrieved by the said order, the present appeal is filed.2. The learned counsel for the appellants contended that the appellants had been continuing for a long time, without issuing any notice they were abruptly discontinued under the impugned action of the 5th respondent. The learned Counsel also sought to contend that even if the pr...
Kamala Wines Vs. Commissioner, Prohibition and Excise and ors.
Court: Andhra Pradesh
Decided on: Feb-04-2005
Reported in: 2005(2)ALD464; 2005(2)ALT93
ORDERL. Narasimha Reddy, J.1. Petitioner is a licensee in form IL-24 and it established a wine shop at Nekarikallu village and mandal, Guntur District. It feels aggrieved by the orders of the Government in G.O.Rt. No. 2106, dated 30-12-2004, and the consequential order dated 3-1-2005 passed by the second respondent, permitting the third respondent to shift its wine shop from Gullapalli village to Nekarikallu village. The petitioner contends that shifting of IL-24 shop is permissible under Rule 35 of the A.P. Indian Liquor and Foreign Liquor Rules, 1970 (for short 'the Rules') only within the revenue village/Municipality/Municipal Corporation concerned and not from one village to another.2. Sri C.B. Mohan Reddy, learned counsel for the petitioner, submits that the matter of shifting of IL-24 shops is governed by Sub-rule (2) of Rule 35 of the Rules and under the Rule, as it stands now, shifting is permissible only within the same village and not from one village to another. He contends ...
Sarvepalli Ramaiah Vs. K. Srinath Reddy
Court: Andhra Pradesh
Decided on: Feb-04-2005
Reported in: 2005(3)ALD113; 2005(2)ALT254
Bilal Nazki, J.1. We heard these cases earlier and we came across the vigilance report which had been submitted in pursuance of the earlier orders passed by a Division Bench of this Court when the writ appeals were admitted. Since that report had not been made available to the parties, we thought it proper to hear the case again and give a chance to the parties to contest the report. Accordingly copies of the vigilance report were furnished to the parties who have filed their objections.2. The cases are before us in view of the orders of the Division Bench which referred the matter to the Full Bench, as it found that there were earlier judgments of this Court by Division Bench with regard to the same subject matter.3. In the first instance, we will deal with the writ appeals. Both the writ appeals have been filed against the judgment dated 17-7-2000 in W.P.No. 35618 of 1997. W.A.No. 1088 of 2000 has been filed by the State, whereas W.A.No. 1163 of 2000 has been filed by respondents 3 a...
V. Kishore Vs. S. Ajay Kumar and anr.
Court: Andhra Pradesh
Decided on: Feb-04-2005
Reported in: 2005(1)ALD(Cri)459; IV(2005)BC138; [2005]127CompCas452(AP); 2005CriLJ2383
G. Yethirajulu, J. 1. This appeal is preferred by the complainant in C.C. No. 169 of 1997, on the file of the Judicial First Class Magistrate, Adilabad. The appellant filed a complaint against the respondent-accused for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'the Act').2. The appellant mentioned in the complaint that the respondent-accused took a hand loan of Rs. 1,50,000/- on 4-4-1997 and gave a cheque for discharge of the said amount. He presented the cheque in the bank on 5-4-1997 and it was returned by the bank on 17-4-1997, with an endorsement 'insufficient funds'. Subsequently, the appellant issued a notice to the respondent-accused on 6-5-1997 requiring him to pay the amount covered by the cheque. Therefore, he presented a complaint within the time prescribed under the Act from the date of service of notice. The appellant, in order to prove the offence, examined P.Ws. 1 to 3 and marked Exs. P. 1 to P.6. No oral or documentary evidence a...
Rajendra Prasad Vs. Narsing Prasad and anr.
Court: Andhra Pradesh
Decided on: Feb-04-2005
Reported in: 2005(4)ALD45
ORDERElipe Dharma Rao, J.1. Aggrieved of the order dated 25.4.2003, passed in RA No. 353 of 2002 by the learned Chief Judge, City Small Causes Court, Hyderabad, whereby the learned Chief Judge allowed the appeal and setting aside the order dated 22.10.2002 made in IA No. 263 of 2002 in RC No. 112 of 1998 by the learned IV Additional Rent Controller, Hyderabad, allowing the petition filed under Order 1 Rule 10 read with Section 151 CPC, to implead the petitioner herein as Respondent No. 2 in the RC.2. Few facts that are necessary for the disposal of this revision, briefly stated, are that the first respondent herein -landlord filed the R.C. for eviction of the tenant - 2nd respondent herein. During the pendency of the rent control case, the petitioner herein filed IA No. 263 of 2002 to implead him as a party respondent contending that the first respondent herein is his own elder brother and premises belongs to him, his father and his brother and, as such, each of them are entitled to 1/...
H.A. Mohan Kumar and ors. Vs. P. Muralidhar and ors.
Court: Andhra Pradesh
Decided on: Feb-04-2005
Reported in: 2005(5)ALD552
G. Bikshapathy, J. 1. All the review petitions can be disposed of by a common order.2. The issue relate to recruitment to Group-II posts consisting of both Executive and non-Executive cadres in pursuance of the notification issued by the Andhra Pradesh Public Service Commission by Advertisement No. 10 of 1999, dated 28-12-1999.3. The recruitment was being prolonged from time to time on one ground or the other. However, after countless somersaults coupled with serpentine rounds, this Court passed the following orders in W.P. No. 20106 of 2004 and Batch, dated 27-12-2004:'(a) The finding of the tribunal that the selection process has to be in accordance with the G.O. Ms. No. 124, dated 8-8-2002 cannot be said to be erroneous of contrary to law.(b) But, however, the direction that the entire select list has to be reviewed clubbing the appointments under 1st round selection is not sustainable and accordingly the procedure as contemplated under G.O. Ms. No. 124 has to be followed only in re...
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