Andhra Pradesh Court June 2005 Judgments
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Hari Rama Lakshmi and ors. Vs. District Collector and ors.
Court: Andhra Pradesh
Decided on: Jun-10-2005
Reported in: 2005(4)ALD544
Bilal Nazki, A.C.J. 1. As the matters in these writ petitions and writ appeals raise same questions of law and fact, they are being disposed of by this common judgment.2. The facts relating to Writ Petition No. 12201 of 2004 are, it challenges the proceedings of the 1st respondent in Rc.No. E2/5040/2002, dated 13.3.2004 in permitting the 6th respondent to construct the school complex of A.P. Social Welfare Residential High School. It also seeks consideration of the case of the petitioner for grant of lease in her favour.3. The facts leading to filing of the case are that petitioner claimed that petitioner's family had 17 acres of land in Singareddipalem Village, Nelakondapalli Mandal, Khammam District. Out of this land, Ac.10-16 gts. was acquired for the purpose of Nagarjunasagar Camp Colony in the year 1969. In 1980, Ac.3-38 gts. of land was again acquired for the purpose of providing house sites to the weaker sections and the family of the petitioner was left with only Ac.2-26 gts. o...
Thota Rambabu @ Ramu Vs. Cherukuri Venkateswara Rao @ Pedababu and ors ...
Court: Andhra Pradesh
Decided on: Jun-10-2005
Reported in: AIR2006AP114; 2005(4)ALD450; 2005(5)ALT278
L. Narasimha Reddy, J.1. Plaintiff in O.S. No. 33 of 1995 on the file of the Senior Civil Judge, Narsapur, is the appellant herein. Aggrieved by the dismissal of the suit, through judgment dated 4-4-2001, he preferred this appeal. For the sake of convenience, the parties are referred to, as arrayed in the suit.2. The suit was filed for the relief of specific performance of an agreement of sale, dated 15-1-1985, marked as Ex.A-1. It was pleaded that the 1st defendant is the owner of undivided 1/4th share of the suit schedule property a rice mill at Narsapur; his brother, the 2nd defendant is the owner of another 1/4th share, where the 3rd defendant holds 1/2 share in it. The plaintiff pleaded that the wife of the 1st defendant died in a fire accident, resulting injuries to 1st defendant also, and that the latter incurred huge expenditure in defending himself in a criminal case and for his treatment. To meet the same, he is said to have offered to sell his undivided 1/4th share in favour...
Palamapalli Rama Subba Reddy Vs. Palamapalli Subbareddy @ Gollonipalli ...
Court: Andhra Pradesh
Decided on: Jun-10-2005
Reported in: 2005(5)ALD274
ORDERP.S. Narayana, J. 1. This Court ordered notice before admission on 12-4-2005. The respondents were served, but none represents the respondents.2. Sri Naguru Nagaraju, learned Counsel representing the revision petitioner would submit that inasmuch as the revision petitioner is relying on the documents in question for collateral purpose no stamp duty and penalty need be paid on the said documents. The learned Counsel had placed reliance on the decision of the Division Bench of this Court in A. Kishore @ Kantha Rao v. G. Srinivasulu, 2004 (3) ALD 817 (DB).3. The document in question is a partition deed showing the allotment of shares. The revision petitioner intended to place reliance on that document for collateral purpose and this aspect need not be gone into in detail in the present CRP. Even assuming for a moment that the revision petitioner intends to rely upon the document in question for collateral purpose, whether the same is liable for the payment of stamp duty and penalty o...
Shaik Asha and anr. Being Minors Rep. by Court Guardian Vs. Shaik Moul ...
Court: Andhra Pradesh
Decided on: Jun-10-2005
Reported in: 2005(5)ALD780; 2005(5)ALT15
ORDERP.S. Narayana, J.1. Heard Sri Adinarayana, representing Sri Nimmagadda Satyanarayana, the learned counsel representing the revision petitioners.2. This Court ordered notice before admission on 29-4-2005 and R-1 was served. R-2 and R-3 were shown as not necessary parties.3. Sri Adinarayana, learned counsel representing the revision petitioners would contend that the revision petitioners/defendants 3 and 4 moved an application in IA.No. 6/2005 in OS.No. 2/2004 on the file of Senior Civil Judge, Rajampet under Order 8 Rule 9 C.P.C. On behalf of the petitioners-minors, taking the plea of fraud and impersonation in execution of the mortgage deed. The counsel would submit that the defendants are entitled to take inconsistent pleas and even otherwise in the present case inasmuch as the court guardian filed a written statement. Court guardian was not informed with the proper facts at the relevant point of time and on verification of records it came to light that there is element of fraud ...
Chennaboina Sambaiah Vs. District Collector and ors.
Court: Andhra Pradesh
Decided on: Jun-10-2005
Reported in: 2005(5)ALD269
ORDERElipe Dharma Rao, J. 1. The petitioner, who is Upa Sarpanch of Muthojipeta Gram Panchayat, filed this writ petition, seeking to declare the action of the respondents in continuing the 4th respondent as Sarpanch of the said Gram Panchayat, despite acquiring disqualification under Section 19(3) of the A.P. Panchayat Raj Act, 1994 (for brevity the. Act), as illegal, unauthorized, arbitrary and contrary to the provisions of the Act and Rules made thereunder and the spirit and object of proviso under Section 19(3) of the Act.2. It is averred that the 4th respondent and the petitioner were elected as Sarpanch and Upa-Sarpanch of Muthojipeta Gram Panchayat in the elections held on 17-8-2001. It is the case of the petitioner that the 4th respondent at the time of election as Sarpanch, was having more than two children and suppressing this fact, he entered the office and, as such, the petitioner and other members made a representation dated 31-12-2002 to the 2nd respondent enlightening him...
Sonti Venkataiah and Etc. Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Jun-10-2005
Reported in: 2005(2)ALD(Cri)608; 2005CriLJ3507
Bilal Nazki, Actg. C.J.1. Criminal Appeal No. 721 of 2003 is filed by accused No. 1, Criminal Appeal No. 655 of 2003 is filed by accused No. 2 and Criminal Appeal No. 1326 of 2002 is filed by accused No. 3. They were tried together for the offences under Section 302 read with 34 and under Section 201 of IPC. Therefore, these three appeals are heard together and decided by this common judgment.2. All the accused have been found guilty for the offences under Section 302 read with 34 and under Section 201 of IPC. They have been sentenced to suffer rigorous imprisonment for life and fined with Rs. 500/- each for the offence under Section 302 read with 34 of IPC. For the offence under Section 201 of IPC they have been sentenced to suffer rigorous imprisonment for three years and also fined with Rs. 500/- each.3. The substance of the charge against the accused was that on 26-4-1999 at about 6.30 a.m. the accused, in furtherance of their common intention, caused the death of one Eshwaraiah, h...
K. Tataji Vs. V. Sanjay and anr.
Court: Andhra Pradesh
Decided on: Jun-10-2005
Reported in: III(2006)ACC644; 2006(1)ALD396
R. Subhash Reddy, J.1. This civil miscellaneous appeal, under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act'), is filed by the appellant-claimant, seeking enhancement of the compensation awarded by the Motor Accidents Claims Tribunal-cum-X Additional District and Sessions Judge, (FTC) Guntur (for short 'the Tribunal'), by its order, dated 14-10-2004 in O.P. No. 151 of 2003.2. The appellant filed the claim petition before the Tribunal under Section 166 of the Act, claiming compensation of Rs. 1,00,000/-, on account of the injuries suffered by him in a motor vehicle accident occurred on 5-1-2003. As averred in the claim petition, it was the case of the claimant that he was working as a cleaner in the lorry bearing No. AP 31 W 3437. On 5-1-2003, when the claimant was on duty in the said lorry, it turned turtle due to the rash and negligent driving of the driver of the lorry. It was stated that in the said accident, the claimant suffered multiple injuries, including fract...
Divisional Manager, National Insurance Co. Ltd. Vs. Syed Zameela and o ...
Court: Andhra Pradesh
Decided on: Jun-10-2005
Reported in: 2006ACJ894
R. Subhash Reddy, J.1. This civil miscellaneous appeal under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act') is filed by the appellant insurance company questioning the award of the Motor Accidents Claims Tribunal-cum-III Additional District Judge, Guntur, passed in O.P. No. 59 of 2000.2. The said O.P. was filed by claimant-respondent No. 1 under Section 166 of the Act and Rule 455 of the A.P. Motor Vehicles Rules, claiming compensation of Rs. 2,00,000, on account of the death of her son by name Syed John Sydulu in a motor vehicle accident that occurred on 18/19.5.1999. As stated in the claim petition, it was the case of the claimant that the deceased was aged about 18 years and was working as a cleaner on the tipper bearing No. AP 16-U 9016. Respondent No. 1 before the Tribunal was the owner of the said vehicle and respondent No. 3 was also made party, who was the earlier owner before the transfer of the said vehicle, in favour of respondent No. 1. The appellant here...
National Insurance Company Ltd. Vs. Syed Zameela and ors.
Court: Andhra Pradesh
Decided on: Jun-10-2005
Reported in: I(2007)ACC524
R. Subhash Reddy, J.1. This civil miscellaneous appeal under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act') is filed by the appellant Insurance Company questioning the award of the Motor Accident Claims Tribunal-cum-III Additional District Judge, Guntur, passed in O.P. No. 59 of 2000.2. The said O.P. was filed by claimant-respondent No. 1 under Section 166 of the Act and Rule 455 of the A.P. Motor Vehicles Rules, claiming compensation of Rs. 2,00,000, on account of the death of her son by name Syed John Sydulu in a motor vehicle accident that occurred on 18th/19th May, 1999. As stated in the claim petition, it was the case of the claimant that the deceased was aged about 18 years and was working as a cleaner on the tipper bearing No. A.P. 16-U 9016. Respondent No. 1 before the Tribunal was the owner of the said vehicle and respondent No. 3 was also made party, who was the earlier owner before the transfer of the said vehicle, in favour of respondent No. 1. The appell...
New India Assurance Co. Ltd. Vs. Nanepalli Swamynaidu and ors.
Court: Andhra Pradesh
Decided on: Jun-09-2005
Reported in: III(2005)ACC537; 2005(4)ALT214
R. Subhash Reddy, J.1. This Civil Miscellaneous Appeal is filed by the New India Assurance Company Limited under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act') aggrieved by the award of the Motor Accidents Claims Tribunal-cum-the Court of III Additional District Judge, Visakhapatnam (for short 'the Tribunal below') dated 7-4-2004 passed in M.O.P. No. 1096 of 2003. The parties herein are referred to as arrayed before the Tribunal below.2. The petitioners-claimants filed claim petition before the Tribunal below under Section 166 of the Act read with Rule 455 of A.P. Motor Vehicles Rules, 1989, claiming compensation of Rs. 1,60,000/- on account of death of Smt. Nanepalli Atchayyamma in a motor vehicle accident, which took place on 13-10-2002 at Godicherla Junction, Nakkapalli Mandal of Visakhapatnam District.3. As averred in the claim petition, it was the case of claimants that on 13-10-2002 at about 6-30 p.m. when the deceased was standing on the left side of the road ...
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