Andhra Pradesh Court June 2005 Judgments
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Koraganji Sita Mahalakshmi Vs. Koraganji Yellaswara Rao
Court: Andhra Pradesh
Decided on: Jun-09-2005
Reported in: 2005(4)ALD333; 2005(4)ALT478
D.S.R. Varma, J.1. These two appeals do arise out a common order dated 16.10.1997 passed by the Judge, Family Court at Visakhapatnam, in OP No. 85 of 1995 and OP No. 98 of 1997. Appellant in these two appeals is the wife.2. Original Petition No. 85 of 1995 was filed by one K. Yelleswara Rao Patrudu against the appellant herein/wife Smt. K. Sita Mahalakshmi and another under Section 13(1)(ib) of the Hindu Marriage Act seeking divorce.3. Original Petition No. 98 of 1997 was filed by the appellant herein/wife against her husband K. Yelleswara Rao Patrudu, under Section 9 of the Hindu Marriage Act, seeking restitution of conjugal rights.4. Before the trial Court, common evidence was let in by both the parties. Since the two original petitions were disposed of by the trial Court by a common order and as the issues are also being almost common and inter-related, we are disposing of these two appeals by this common judgment.5. For conveniene sake, in this judgment, we refer to the parties as ...
Rakesh Bhatia and ors. Vs. G. Parimala and anr.
Court: Andhra Pradesh
Decided on: Jun-09-2005
Reported in: 2005(4)ALD461; 2005(4)ALT245; IV(2005)BC215
ORDERL. Narasimha Reddy, J.1. This Revision Petition arises under peculiar circumstances.2. The petitioners filed O.S. No. 35 of 2002 in the Court of the VIII Additional Senior Civil Judge (Fast Track Court), City Civil Court, Hyderabad against the respondents for recovery of a sum of Rs. 3,83,000/-. The respondents filed written statements denying their liability. The trial of the suit commenced and the evidence was closed. At that stage, the first respondent came forward with I.A. No. 108 of 2004 under Rule 17 of Order 6 C.P.C. stating that she noticed certain interpolations in the plaint, which according to her were made at a subsequent stage. She sought permission of the Court to effect necessary amendments in the written statement, to deal with the alleged interpolations in the plaint. The application was resisted by the petitioners. The trial Court, however, passed an order, dated 20-12-2004 permitting the first respondent to carry out the amendments. The same is challenged in th...
Sri Venkateswara Delux theatre and anr. Vs. Entertainment Tax Officer
Court: Andhra Pradesh
Decided on: Jun-09-2005
Reported in: 2005(4)ALT431
ORDERL. Narasimha Reddy, J.1. These eight revisions arise under identical set of facts* Hence, they are disposed of through a common order. Two cine theatres from Jogipet Village, Medak District, are the petitioners. Both of them have submitted applications in Form-Ill, year after year, for grant of permission under Form-IV and they were accordingly issued. The subject matter of these eight revisions is the rate of tax applicable for the assessment years 1996-97 to 1999-2000.2. For the years referred to above, the petitioners were required to pay the entertainment tax at the rate of 4% treating the population of the village as less than 15,000.3. The petitioners were issued notices, dated 12-03-2001, in exercise of power under Rule 32 of the Andhra Pradesh Entertainment Tax Rules, 1939 (for short 'the Rules') informing them that the population of the Jogipet Village was 15,000 even from the year 1996 and the tax leviable for the theatres was 5%. They were required to show cause as to w...
Rachabattuni Govinda Rao Vs. Jonnadula Sambasiva Rao
Court: Andhra Pradesh
Decided on: Jun-09-2005
Reported in: 2005(5)ALD390; 2005(4)ALT429
ORDERL. Narasimha Reddy, J.1. The petitioner is the defendant in O.S. No. 106 of 2002, on the file of the Court of Additional Senior Civil Judge, Tenali.2. The respondent herein filed the suit for recovery of amount, on the strength of a promissory note, which is said to have been executed for a sum of Rs. 1,20,000/-. The petitioner admitted the execution of the promissory note, but pleaded in his written statement that he received only a sum of Rs. 20,000/- , and not Rs. 1,20,000/-. The trial of the suit commenced. The respondent filed an affidavit in lieu of chief-examination. During the course of cross-examination, it was elicited through him that the consideration for the promissory note was paid through a cheque, drawn on State Bank of Hyderabad. Certain suggestions were made to contradict this version. Therefore, the respondent felt the necessity to get the plaint amended, and he filed I.A. No. 1358 of 2003 to incorporate a statement to the effect that the consideration was paid ...
Bakka Lingamaiah (Died) Per Lrs Vs. Bakka Mallaiah and ors.
Court: Andhra Pradesh
Decided on: Jun-09-2005
Reported in: 2005(4)ALT623
ORDERL. Narasimha Reddy, J.1. This revision arises out of an order, dated 30-7-2004, passed by the Court of I Additional District Judge, Medak at Sangareddy, in I.A. No. 289 of 2004 in A.S. No. 26 of 1997. A.S. No. 26 of 1997 arose out of a decree in O.S. No. 67 of 1992, on the file of the District Munsif, Sangareddy.2. Bakka Lingamaiah, the father of the petitioners herein, filed the suit for partition and separate possession of the suit schedule properties against the respondents herein. He pleaded that the suit schedule properties were held by a common ancestor, late Balarajaiah, and that himself and the respondents are entitled to shares in the same. The suit was contested by the respondents, and ultimately it was dismissed, holding that the suit schedule land was the self-acquired property of late Balarajaiah, and that he in turn executed a will in favour of the respondents. Aggrieved thereby, Lingamaiah, preferred appeal. During the pendency of the appeal, he died and the petitio...
Male Venkateswarlu and anr. Vs. State Bank of India, Ongole Branch and ...
Court: Andhra Pradesh
Decided on: Jun-09-2005
Reported in: 2005(5)ALD62; III(2006)BC563; [2005]128CompCas572(AP)
P.S. Narayana, J.1. Defendants 2 and 3 in O.S. No. 16 of 1987 on the file of the Court of the Additional Subordinate Judge, Ongole are the appellants. The first defendant in the suit is the second respondent in the present appeal and the plaintiff in the suit, the State Bank of India, Ongole is the first respondent in the present appeal.2. The first respondent-plaintiff bank instituted the suit O.S. No. 16 of 1987 on the file of the Additional Subordinate Judge, Ongole, for recovery of Rs. 61,549-80 ps. being the balance of principal and interest due on account copy got maintained by the bank on a mortgage deed and on a promissory note dated 16-2-1983 executed by defendants in favour of the plaintiff for Rs. 40,000/- payable with interest at 15.5% with quarterly rests.3. The trial Court on the respective pleadings of the parties settled the issues and recorded the evidence of PW-1 and D.Ws.1 and 2 and marked Exs.A-1 to A-15, and ultimately came to the conclusion that the first responde...
Kuna Parvathi Vs. Kuna Yerrayya
Court: Andhra Pradesh
Decided on: Jun-09-2005
Reported in: 2005(5)ALD600
L. Narasimha Reddy, J. 1. The second appeal is filed against the judgment of the learned Additional Senior Civil Judge, Srikakulam, dated 28-4-2004, in A.S.No. 221 of 2003, through which he reversed the judgment and decree, dated 18-8-1999 in O.S. No. 87 of 1997, on the file of the Court of Principal Junior Civil Judge, Srikakulam.2. The appellant herein filed the suit against the respondent for maintenance. She pleaded that the respondent is her husband and that their marriage took place in the year 1962. According to her, the respondent married another woman in the year 1979 and started neglecting her. The appellant filed M.C.No. 17 of 1981, in the Court of the Judicial Magistrate of First Class, Srikakulam, under Section 125 Cr.P.C., claiming maintenance. The same is said to have been compromised between the parties, and the respondent agreed to pay maintenance at the rate of Rs. 130/-per month. The same is said to have been enhanced thereafter. She also pleaded that the amount awar...
Smt. Didde Sundara Mani and anr. Vs. Didde Venkata Subbarao and anr.
Court: Andhra Pradesh
Decided on: Jun-09-2005
Reported in: 2005(2)ALD(Cri)237; 2005CriLJ3618; I(2006)DMC83
ORDERGhulam Mohammed, J.1. This criminal petition is filed against the order dated 1-4-2002 passed In Crl. M.P. No. 1568 of 2002 in MC No. 11 of 1999 by the II Addl. Judicial First Class Magistrate, Kowur, allowing the petition filed by the respondent herein for sending the petitioners herein who are respondents in the said petition, to necessary tests to the Centre for DNA Finger Printing and Diagnostics, CCMB Campus, Hyderabad. 2. The facts leading to the present litigation between the parties may be noted briefly.3. The marriage of the 1st petitioner and the 1st respondent was solemnized on .1.1-10-1978 according to their caste custom and thereafter both lived together happily for quite sometime. It is stated that thereafter the 1st respondent got used to all types of vices such as drinking, womanizing and neglected the 1st petitioner. It is also stated that the 1st respondent used to beat her quite often very cruelly without any reasonable cause and eventually deserted her. As the ...
Balaji Galvanising Industries Ltd. Vs. Commissioner of Commercial Taxe ...
Court: Andhra Pradesh
Decided on: Jun-09-2005
Reported in: [2005]142STC429(AP)
ORDERB. Sudershan Reddy, J.1. The petitioner is a private limited company incorporated under the Indian Companies Act, 1956 and is carrying on business in manufacture and sale of stainless steel wire. It is a registered dealer under the Andhra Pradesh General Sales Tax Act, 1957 (for short, 'the Act') and the Central Sales Tax Act, 1956. It is an assessee on the rolls of the third respondent-Commercial Tax Officer. The petitioner claims to be a reputed manufacturer of 'stainless steel wire'. The departmental authorities including the third respondent-assessing authority, according to the petitioner, are treating the commodity 'stainless steel wire' as falling under entry 10 of the Sixth Schedule of the Act and levying tax at the rate of 12 per cent. It is the case of the petitioner that the goods classified under the Sixth Schedule are taxable at multi-point on the portion of value addition and are called VAT goods. The tax payable under the State law in respect of any sale or purchase...
United India Insurance Co. Ltd. Vs. Valluri Sailaja and ors.
Court: Andhra Pradesh
Decided on: Jun-09-2005
Reported in: 2006ACJ877
R. Subhash Reddy, J.1. This civil miscellaneous appeal is filed by United India Insurance Co. Ltd. under Section 173 of the Motor Vehicles Act, 1988 (for short, 'the Act'), aggrieved by the award of the Motor Accidents Claims Tribunal-cum-I Additional District Judge, Ranga Reddy District (for short, 'the Tribunal') dated 28.2.2004 passed in O.P. No. 1188 of 2000.2. The respondents herein filed claim petition before the Claims Tribunal below under Section 166 of the Act, claiming compensation of Rs. 8,00,000 on account of death of one Valluri Venumadhav in an accident on 28.4.2000. Claimant No. 1 is the wife, claimant No. 2 is minor son and Anr. claimants are parents of the deceased.3. As averred in the claim application, it was the case of the claimants that on 28.4.2000, when the deceased, who was working as Service Executive in Ashco Industries Limited, Panjagutta, Hyderabad, was proceeding from Ramachandrapuram to Bollaram on his scooter bearing No. AP 28-N 6360 and when he reached ...
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