Andhra Pradesh Court March 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.
Sterlite Indus. (i) Ltd. Vs. Transmission Corpn. of Andhra Pradesh Ltd ...
Court: Andhra Pradesh
Decided on: Mar-07-2005
Reported in: 2005(189)ELT266(AP)
ORDERM.H.S. Ansari, J.1. Instant writ petition is filed questioning three letters dated 11-1-2002 being Annexures P8, P9 and P10 issued by respondent No. 1 and the prayer is for declaring the same to be illegal and void on the ground that the same are contrary to the provisions of Notification No. 108/95, dated 28-8-1995. Consequent relief claimed is for a declaration that the duty exemption certificates (P5, P6 and P7) have been issued validly to the petitioner by respondent No. 1 entitling the petitioner to claim the benefit of the exemption in terms of Notification No. 108/95, dated 28-8-1995.2. The facts, in brief are as under.First respondent (A.P. TRANSCO) floated an international competitive bid for procurement of ACSR Moose Conductors for Simhardri Vi-zag Transmission Systems Project. It is stated that the said project was financed by Japan Bank of International Corporation (JBIC) under loan No. ID-P127. The petitioner being a successful bidder was communicated with award of th...
Bodduru Nagaraju and ors. Vs. Gudla Narasimha Murthy
Court: Andhra Pradesh
Decided on: Mar-04-2005
Reported in: 2005(2)ALT465
ORDERK.C. Bhanu, J.1. This Civil Revision Petition is filed challenging the order, dated 5-1-2004 in LA. No. 1217 of 2003 in O.S. No. 2 of 1998 on the file of the Senior Civil Judge, Vizianagaram.2. The brief facts that are necessary for the disposal of this revision petition are as follows:Originally, the respondent-plaintiff filed O.S. No. 80 of 1993 on the file of the District Munsif's Court, Cheepurapalli for recovery of interest for the years 1990 to 1993 due under the mortgage deed. Thereafter, the respondent herein filed another O.S. No. 90 of 1996 on the file of the Senior Civil Judge, Vizianagaram for recovery of the entire amount due under the same mortgage deed with subsequent interest from 1993 onwards. The cause of action in both the suits is one and the same. Thereafter, I.A. No. 1217 of 2003 is filed under Order 2 Rule 2 of Civil Procedure Code seeking permission to institute further suit for recovery of the entire amount due under the mortgage with subsequent interest. ...
New Gayathri Wines Vs. Deputy Commissioner of Prohibition and Excise a ...
Court: Andhra Pradesh
Decided on: Mar-04-2005
Reported in: 2005(2)ALD889
L. Narasimha Reddy, J.1. The petitioner was granted an IL-24 licence for the excise year 2000-01, for establishing a retail wine shop at Mydukur. On the allegation that certain bottles of non-duty paid liquor were found with the petitioner, Crime No.109/2001-2002, was registered by the Inspector of Prohibition and Excise. It was tried as C.C. No. 198 of 2002 by the Court of II Additional JFCM, Proddatur. The quantity of alleged non-duty paid liquor as well as the entire stock of duty paid liquor was seized from the petitioner. In the month of November, 2001, the duty paid liquor was sold and the sale proceeds thereof being Rs.1,70,614/-, were deposited into the Treasury. Even while the criminal case was pending, the licence of the petitioner was cancelled, through Order dated 1-1-2001.2. Petitioner filed WP No.2129 of 2002. The Order of cancellation was set aside, on the ground that the petitioner was not given an opportunity of being heard. Thereafter the 2nd respondent passed an Orde...
Bhamidipati Annapoorna Bhavani Vs. Land Acquisition Officer, Yeleru Re ...
Court: Andhra Pradesh
Decided on: Mar-04-2005
Reported in: AIR2005AP365; 2005(3)ALD233; 2005(2)ALT786
ORDERDevinder Gupta, C. J.1. Reference to the Larger Bench is on the question of correctness of decision of Full Bench of this Court in Vemula Prabhakar and Ors. v. The Land Acquisition Officer and R.D.O., Peddapalli, Karimnagar and Anr., 2002 (1) ALT 322 = 2002 (1 ALD 201 (F.B.)2. The Full Bench in the aforesaid decision held that no writ can be issued for implementing the awards passed by the Civil Courts in land acquisition proceedings taken out under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') on the ground that an alternate and efficacious remedy of seeking execution of the award as a decree of Civil Court in accordance with the provisions of Code of Civil Procedure, 1908, is available under the Act. While holding so, the Full Bench expressly overruled the decisions of this Court in Sur Reddy v. The Spl. Deputy Collector (LA), Medak, 1998 (2) An .W.R. 695, Billa Linga Reddy v. R. D. O. : AIR1996AP3 , B. Govinda Reddy v. Revenue Divisiona...
K. Abdul Raheem (Died) Per Lrs. and ors. Vs. Hajeerappa and ors.
Court: Andhra Pradesh
Decided on: Mar-04-2005
Reported in: 2005(3)ALD15
P.S. Narayana, J.1. Heard Sri Laxmi Narayana Reddy representing the appellants and Sri Yadaiah representing the respondents. The unsuccessful plaintiff K. Abdul Raheem being aggrieved by the reversing judgment dated 28.12.1996 made in AS No. 16 of 1990 on the file of the Subordinate Judge, Gooty, had preferred the present second appeal. The said Abdul Raheem died pending appeal and the Appellants 2 to 7 were brought on record as the legal representatives of the deceased first appellant by an order dated 22.1.2003 in CMP No. 24519 of 2002.2. For the purpose of convenience, the parties will be referred to as arrayed in OS.No. 230 of 1982 on the file of the District Munsif Magistrate, Gooty.3. The plaintiff filed the suit against the defendants for the relief of permanent injunction. The Court of first instance by judgment, dated 24.8.1987 had recorded a finding that the plaintiff had established his possession relating to the plaint schedule property and decreed the suit. Aggrieved by th...
G. Hanumanthu Vs. T. Rajitha Reddy
Court: Andhra Pradesh
Decided on: Mar-04-2005
Reported in: 2005(3)ALD211
L. Narasimha Reddy, J.1. The respondent filed O.S. No. 122 of 1989 in the Court of Junior Civil Judge, Shadnagar, for the relief of perpetual injunction against the appellant, in respect of 30 guntas of land in Sy.No. 234, of Farooqnagar Village, Shadnagar, Mahabubnagar. According to her, an extent of 20 guntas of land, was purchased by herself and one Gouramma, through sale deed dated 13-6-1986, marked as Ex.A2. It is stated that the boundaries in the sale deed were rectified through Ex.A3, dated 8-11-1988. Subsequently, Gouramma, is said to have sold her undivided share, in favour of the respondent, through Ex.A4, dated 14-2-1989. Thereby, the respondent became absolute owner of 20 guntas of land. She also stated that she purchased adjoining land of 10 guntas, in the same survey number, through Ex.A5, dated 6-6-1989. She complained that the appellant herein started interfering with her possession over the suit schedule property. 2. The appellant, in turn, filed a counter-claim, seeki...
Yashwitha Constructions (P) Ltd. Vs. Simplex Concrete Piles India Ltd. ...
Court: Andhra Pradesh
Decided on: Mar-04-2005
Reported in: AIR2005AP325; 2005(3)ALD321; 2005(3)ALT110; 2005(2)ARBLR389(AP)
ORDERDevinder Gupta, C.J.1. By this application filed under Section 11(5) read with Section 15(2) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') on 8-9-2004, prayer has been made to appoint a substitute arbitrator to resolve the disputes between the applicant and the respondent.2. The facts in brief are that the bid of the joint venture formed by respondent/company for the work of rehabilitation and upgrading of existing two-lane road to four/six-lane divided carriage way configuration of Kavali to Ongole, KM 222 to 291 of National Highway No. 5 in Andhra Pradesh was accepted and the work Order dated 6-7-2001 was issued. The work was scheduled to be completed in thirty-two calendar months. The applicant is a private limited company and was given sub-contract of certain portions of the road work by the respondent. This agreement entered into on 28-5-2002 has an arbitration Clause 21, which reads as under:'In the event of any difference or dispute ar...
G. Chenna Reddy Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Mar-04-2005
Reported in: 2005(3)ALD887
P.S. Narayana, J. 1. The writ petition is filed by the unsuccessful applicant as against an order made in O.A. No. 8965/ 98 dated 4-12-2003 on the file of A.P. Administrative Tribunal in short referred to as 'Tribunal' hereinafter wherein the proceedings issued in G.O. Rt. No. 1044, T.R. and B(Ser. T.3) Department, dated 28-11-1998 had been assailed.2. Sri Venkata Sastry, the learned Counsel representing the writ petitioner, in detail had taken this Court through the respective pleadings of the parties before the Tribunal, the impugned order and had pointed out that the whole enquiry is vitiated for the reason that the same had not been conducted in accordance with the A.P. Civil Services (Classification, Control and Appeal) Rules, 1991, in short referred to as 'present Rules' hereinafter and had been conducted in accordance with the A.P. Civil Services (Classification, Control and Appeal) Rules, 1963, hereinafter referred to as 'old Rules' and hence the Counsel would maintain that the...
Gaddam China Dodamma Vs. Goka Pedda Dodamma and anr.
Court: Andhra Pradesh
Decided on: Mar-04-2005
Reported in: 2005(3)ALD531; 2005(3)ALT619
G. Yethirajulu, J.1. This appeal is preferred by the first defendant in O.S.No. 1 of 1997 on the file of the Senior Civil Judge, Adilabad. The first respondent - plaintiff filed O.S.No. 1 of 1997 for partition of the suit property into two equal shares between the plaintiff and the first defendant and to allot one such share to the plaintiff. The suit was dismissed by the trial Court through its judgment dated 9-11-1998. The plaintiff being aggrieved by the judgment of the trial Court preferred A.S.No. 3 of 1999 before the Additional District Judge, Adilabad. The appellate court allowed the appeal through the judgment dated 23-1-2002 by setting aside the judgment and decree of the trial Court and decreeing the suit as prayed for. The first defendant being aggrieved by the judgment and decree of the first appellate Court preferred this second appeal challenging the validity and legality of the decree granted by the first appellate Court.2. When the matter came up for admission before th...
K. Yerri Swamy Vs. C. Krishna Chowdary and ors.
Court: Andhra Pradesh
Decided on: Mar-04-2005
Reported in: 2005(2)ALD733; 2005(3)ALT544
Devinder Gupta, C.J.1. Appellant is a card-holder of a fair price shop and is questioning the order passed by the learned Single Judge suspending the order of suspension passed on 17-1-2005 by the Revenue Divisional Officer pending enquiry against the first respondent on three charges, which concern with violation of the A.P. State Public Distribution System Control Order, 2001 (for short 'the Control Order'). The first respondent was asked to submit his reply to the show-cause notice and pending enquiry, considering the seriousness of the nature of the charges, the dealership of the first respondent was suspended, against which an appeal was preferred before the Joint Collector, which is still pending. During the pendency of the appeal, first respondent had also applied for suspending the order of suspension, which was not granted. Feeling aggrieved, this Court was approached by way of writ petition. Learned Single Judge by order passed on 8-2-2005 set aside the order of suspension on...
- ‹ Prev
- 1
- 2
- 3
- 4
- 5
- 6
- 7
- 8
- 10
- Next ›
- Last »