Andhra Pradesh Court April 2005 Judgments
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Goli Padmaraju and ors. Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Apr-28-2005
Reported in: 2005(3)ALD701
ORDERR. Subhash Reddy, J.1. This writ petition is filed questioning, the Notification dated 30-9-1994 issued under Section 4(1) of the Land Acquisition Act, 1894, notifying the land of the petitioners, for the purpose of developing industrial area, and, the consequential declaration published under Section 6 of the Land Acquisition Act, 1894, and, the award dated 3.10.1996 passed by the 6th respondent.2. The Andhra Pradesh Industrial Infrastructure Corporation Limited has sent a requisition to the Collector, East Godavari District, for acquisition of land, to an extent of Ac.623-78 cents in Rayabhupalapatnam Village, for the purpose of developing industrial area. On such requisition, after deleting the extents of land covered by poramboke, an extent of Ac.573-79 cents was identified for acquisition, and, the same was divided into four blocks for administrative convenience. The land owned by the petitioners in Sy.Nos.447/3, 448/1, 448/2, 447/1 and 437/A, admeasuring Ac.17.92 cents, cove...
A. Seshaiah Vs. Commandant, Central Industrial Security Force Unit
Court: Andhra Pradesh
Decided on: Apr-28-2005
Reported in: 2005(3)ALD766; 2005(3)ALT628; [2005(106)FLR1156]
L. Narasimha Reddy, J.1. Petitioner in W.P. No. 8127 of 2004 is the appellant in this writ appeal.2. The appellant was selected and appointed as Constable in Central Industrial Security Force (C.I.S.F), on 4-7-1991. After training, he joined in the regular duties on 12-4-1992, at Bhilai. Me is said to have physically collapsed on 19-11-1997, while on duty. Me was extended the treatment at various hospitals, and was transferred to Third Reserve Battalion, N.F.C., at Hyderabad.3. Having regard to the ailment suffered by the appellant, he was assigned ministerial duties of dispatch. Simultaneously, he was undergoing treatment at Nizam's Institute of Medical Sciences, Hyderabad. He has also been subjected to Annual Range Classification.4. The appellant was required to appear before the Medical Board, of Gandhi Hospital on 31-3-2004. After examining the appellant, the Board certified that, he is 'completely and permanently incapacitated for further service in C.I.S.F,,' due to 'limb-girdle ...
Talachintala Paidayya Vs. Toleti Jeevaratnam and ors.
Court: Andhra Pradesh
Decided on: Apr-28-2005
Reported in: 2005(4)ALD155
ORDERC.Y. Somayajulu, J.1. Petitioner and Respondents 1 to 5 contested the Gram Panchayat Elections, whereat the Election Officer (7th respondent) declared the petitioner as elected. Aggrieved thereby, first respondent filed Election O.P. No. 9 of 2001 before the Election Tribunal questioning the election of the petitioner. After evidence was adduced by both sides, the Election Tribunal ordered recount of the votes. Questioning the said order of the Election Tribunal, petitioner, who is the first respondent before the Election Tribunal, preferred this writ petition.2. Heard both sides.3. The admitted case is during the initial counting, first respondent herein i.e. the petitioner before the Election Tribunal is said to have polled more votes than the petitioner. When the petitioner sought a recount, 7th respondent ordered a recount and during that recount petitioner is found to have got 4 votes more than the 1st respondent and was declared elected. As per Rule 35 of the Andhra Pradesh ...
Dr. J. Bhakthavasala Rao and ors. Vs. Industrial Engineers and ors.
Court: Andhra Pradesh
Decided on: Apr-28-2005
Reported in: AIR2005AP438; 2005(4)ALD19
L. Narasimha Reddy, J.1. This appeal is filed against the order, dated 29-10-2001, as amended through the order, dated 8-2-2002, in I.A.No. 771 of 1996 (final decree) in O.S. No. 13 of 1985 on the file of the Senior Civil Judge, Nellore.The appellants are the owners of the premises bearing Municipal No. 314 in Ward No. 15, R.R. Street, Trunk Road, Nellore. The building, together with the fixtures was leased to the respondents herein. The suit was filed for eviction of the respondents from premises and recovery of mesne profits. The building and the fixtures were shown as schedule 'A' and 'B' properties respectively. The suit was decreed on 23-4-1996. The respondents filed A.S. No. 2893 of 1996 in this Court. It was dismissed on 18-2-1997. L.P.A.No. 63 of 1997 was dismissed by a Division Bench on 24-7-1997.2. The decree of the Trial Court, as regards the recovery of possession of the property, became final and was given effect to. The claim of the appellants for damages and use and occu...
K. Hanumantha Reddy Vs. Kuruva Potharaju
Court: Andhra Pradesh
Decided on: Apr-28-2005
Reported in: 2005(4)ALD179; 2005(4)ALT78
P.S. Narayana, J. 1. Heard Sri K. Rathangapani Reddy at length. 2. The second appeal is preferred as against the decree and judgment made in A.S. No. 30 of 1998 on the file of the Senior Civil Judge, Adoni, allowing the appeal in part and remanding the matter to the Trial Court for fresh disposal by giving opportunity to both the parties to adduce further evidence. 3. Order 43 of Code of Civil Procedure deals with appeals from orders. Order 43 Rule 1(U) CPC specifies that an appeal shall lie from the following orders under the provisions of Section 104 CPC, namely: an order under Rule 23 (or 23-A) of Order 41 CPC, remanding a case, where an appeal would lie from the decree by an Appellate Court. 4. Order 41 Rule 23 CPC reads as follows: Remand of case by Appellate Court--Where the Court from whose decree an appeal is preferred has disposed of the suit upon a preliminary point and the decree is reversed in appeal, the Appellate Court may, if it thinks fit, by order remand the case, and ...
Ram Narayan Sarda (Died) by Lrs. and ors. Vs. Gone Laxman and ors.
Court: Andhra Pradesh
Decided on: Apr-28-2005
Reported in: 2005(4)ALD172
L. Narasimha Reddy, J.1. This appeal under Section 96 of CPC is filed by the unsuccessful plaintiff in O.S. No. 73 of 1995, on the file of the Senior Civil Judge, Nizambad. During the pendency of the appeal, the sole appellant died, and his legal representatives were brought on record. For the sake of convenience, the parties are referred to, as arrayed in the suit.2. The suit was filed for the relief of declaration that the plaintiff is entitled to withdraw a sum of Rs. 3,00,000/-, lying with the Additional Judicial First Class Magistrate, Nizamabad, in STC No. 1204 of 1988, in preference to the defendants. He pleaded that on 6-9-1988 at about 3 a.m., the police of III Town Nizamabad, came to his house, together with the Sub-Inspector of Bodhan Town Police Station and a party of six constables. The police are said to have taken away the cash of Rs. 21,800/- from the almirah, and thereafter, took him to the Police Station. It was alleged that at the Police Station, the plaintiff was fo...
S. Purnachandra Rao Vs. Paleti Linga Rao
Court: Andhra Pradesh
Decided on: Apr-28-2005
Reported in: 2005(4)ALD183; 2006(1)ALT289
ORDERA. Gopal Reddy, J.1. This is a petition filed under Section 24 of Code of Civil Procedure seeking transfer of O.S. No. 30 of 2003 pending on the file of Senior Civil Judge, Bodhan, to the Court of Senior Civil Judge, Avanigadda to be tried along with O.S.Nos. 9 and 24 of 2003 pending on its file.2. Respondent herein claims to be an endorsee of promissory note from one Mr. Y. Subash Chandra Bose of Koduru Village, Krishna District, from whom, the petitioner is said to have borrowed Rs. 78,326/- on 8-12-1999 and executed a demand promissory note in his favour on 8-12-1999 promising to repay the said sum along with interest at 24% per annum. The first respondent-plaintiff issued notice on 23-6-2003 calling upon the petitioner-defendant to make repayment of the amount due under the said promissory note. Since the petitioner-defendant failed to pay the said amount and denied the factum of receiving the amount in his reply notice dated 26-7-2003, first respondent on 13-8-2003 filed O.S....
G. Dayakar Vs. District Registrar, Registration Office and anr.
Court: Andhra Pradesh
Decided on: Apr-28-2005
Reported in: 2005(4)ALD228
ORDERC.Y. Somayajulu, J.1. The case of the petitioner is that he purchased a semi-finished flat bearing No. 102, Dwaraka Maayi Apartments, on Plot No. 16, 23/A, in Sy. No. 8, Ferozguda, Hyderabad under a registered sale deed No. 299/01 dated 22.1.2001 from the owner and the developer and since there was a typographical error while mentioning the number of the flat, in the registered sale deed, Flat No. 202 was typed instead of Flat No. 102, the owner and developer executed a Rectification Deed and got it registered on 8-6-2001, and that he was surprised to receive Notice No. 5418/1A/2004 dated 22-12-2004 from the first respondent calling upon him to pay deficit stamp duty of Rs. 30,420/- on or before 5-1-2005, as per the provisions of the Indian Stamp Act, 1899 (for short 'the Act').2. The contention of the learned Counsel for the petitioner is that since the deed is only a Rectification Deed, it is not required to be stamped as a sale deed and contends that in any event, since the not...
Kunche China Mangamma and ors. Vs. Koolapu Mangamma (Died) and ors.
Court: Andhra Pradesh
Decided on: Apr-28-2005
Reported in: 2005(4)ALT547
P.S. Narayana, J.FACTS IN BRIEF:1. The daughters of Kollapu Veerayya -Kollapu China Mangamma, Pinipe Mallamma, Juthuka Ramudu, Kunche Saraswati, had entered into this legal battle in relation to the properties left by the deceased Kollapu Veerayya - Kunche China Mangamma claiming by virtue of settlement deeds and the others denying the same and claiming under a will. Yet another daughter Suryakantham, pre-deceased the said Kollapu Veerayya and it is stated that she is a divorcee and left no heirs and this aspect is not in serious controversy. O.S. No. 202/85 on the file of Additional Subordinate Judge, Rajahmundry was filed by Kunche Chinna Mangamma praying for passing of a preliminary decree for partition of property covered by plaint schedule into five equal shares and to allot one such share to her and also for appointment of Commissioner to partition the property and also praying for a decree for future profits to be determined by the Commissioner and for such other suitable relief...
Susarla Subrahmanya Sastry Vs. S. Padmakshi
Court: Andhra Pradesh
Decided on: Apr-28-2005
Reported in: 2005(4)ALD821; 2005(4)ALT677; II(2005)DMC707
Gopala Krishna Tamada, J.1. The appellant is the husband. Though his O.P. No. 246 of 2000 filed under Section 13(1(ia)(iii) of the Hindu Marriage Act, was allowed by a judgment and decree dated 23.9.2002 passed by the Judge, Family Court, Secunderabad, he filed this appeal questioning the correctness of the finding that he is impotent for leading conjugal life.2. It is an unfortunate and peculiar case where the parties are fighting with each other to bring quietus to their marital status as husband and wife. Though there is a consensus between the spouses to bring an end to their marital status, but the ground on which they seek divorce is different. The appellant-husband wants divorce under Section 13(1(ia)(iii) of the Hindu Marriage Act, 1955 on the ground of mental cruelty; whereas the respondent- wife is seeking a declaration that the marriage between them is null and void in view of the fact that the appellant-husband is impotent.3. In view of the sensitiveness involved in the mat...
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