Andhra Pradesh Court June 2005 Judgments

M.V.V. Prasada Rao Vs. Municipal Council

Court: Andhra Pradesh

Reported in: 2005(5)ALD499; 2005(6)ALT165

P.S. Narayana, J. 1. Mr. M.V.V. Prasada Rao, the unsuccessful defendant in O.S. No. 205 of 1986 on the file of the I Additional Subordinate Judge, Kakinada, had preferred the present appeal aggrieved by the judgment and decree made in the aforesaid suit, dated 22-9-1994. The Municipal Council, Kakinada, is the respondent-plaintiff.2. The respondent herein-plaintiff in the aforesaid suit filed the suit for recovery of Rs. 1,64,126-50ps due towards arrears of lease and penal interest with subsequent interest and for costs. The learned I Additional Subordinate Judge, Kakinada, recorded the evidence of P.W.1 and D.W.1, and marked Exs.A-1 to A-5 and Exs.B-1 to B-14, and ultimately decreed the suit in part after deducting Rs. 43,000/-, as D.W.1 admitted that the account shown in Ex.A-4 was correct, with proportionate costs and with subsequent interest at 6% p.a., from the date of decree till realization. Hence, the appeal.3. Sri M. Ram Mohan, the learned Counsel representing the appellant-de...

Roshan Ali (Died) and anr. Vs. Executive Engineer, I and Cad, Departme ...

Court: Andhra Pradesh

Reported in: 2005(5)ALD379

ORDERL. Narasimha Reddy, J. 1. The decree holders in O.S. No. 352 of 1982 on the file of the District Munsif, Ibrahimpatnam are the petitioners. They assail the order dated 17-8-2004 in C.M.A. No. 1 18 of 2002 passed by the Court of the Principal District Judge, Ranga Reddy District.2. The facts that gave rise to the filing of the C.R.P. are as under:The petitioners filed the suit for the relief of declaration, perpetual injunction and direction as to the correction of records in respect of 16 guntas of land in Sy.No. 1437 of Ibrahimpatnam. The Joint Collector, Ranga Reddy District and the Mandal Revenue Officer, Ibrahimpatnam were impleaded as defendants. The suit was decreed on 11-6-1986. An appeal was preferred by the defendants therein with the delay of eight years. The appellate Court refused to condone the delay and it came to be dismissed on 15-3-1997. Thereby, the decree in the suit became final.3. The petitioner filed E.P. No. 5 of 1994 for implementation of the decree. The sa...

Shaik MuneeruddIn Vs. Karnataka Power Corporation Limited and anr.

Court: Andhra Pradesh

Reported in: AIR2005AP498; 2005(5)ALD832; 2005(6)ALT685; III(2006)BC54; 2006(2)CTLJ55(AP)

ORDERV. Eswaraiah, J.1. The appellant in CCCA No. 117 of 2001 is the plaintiff in the suit filed by him in O.S. No.718 of 1991 on the file of the II-Additional Senior Civil Judge, City Civil Court, Hyderabad and the appellant in C.C.C.A. No. 4 of 2001 is the second defendant. The parties herein are referred to as they are arrayed in the suit.2. The plaintiff filed the suit for recovery of Rs. 3,85,500/- with future interest at the rate of 18% per annum from the date of the suit till the date of realization from the first defendant bank. The contractor was impleaded as second defendant as per the orders in C.R.P. No. 2633 of 1993 dated 26-7-1994. The second defendant entered into an agreement with the plaintiff-Karnataka State Power Corporation Limited on 6-2-1988 for purchase and lifting the coal mill rejects from Raichur Thermal Power Station Coal Mill Reject Yard. The second defendant agreed to purchase the coal mill rejects at the rate of Rs. 175/- per Metric Tonne for a period of o...

Johnson Lifts Ltd. (Now Johnson Lifts Pvt. Ltd.) Vs. Deputy Commission ...

Court: Andhra Pradesh

Reported in: (2007)7VST660(AP)

ORDERBilal Nazki, Actg. C.J.1. Heard the learned Counsel for parties.2. Revision notices have been issued by the Deputy Commissioner to the petitioner and without appearing before him, the petitioner has filed the writ petitions stating that it is not liable to pay tax on the basis of the judgment of the Supreme Court. The learned Counsel for the petitioners, however, admits that the petitioner is assessable to sales tax by virtue of the judgment of the Supreme Court in State of Andhra Pradesh v. Kone Elevators (India) Ltd. [2005] 140 STC 22. He further submits that this judgment has been doubted by a co-ordinate Bench of the Supreme Court and has been referred to a larger Bench. In this view of the matter, the impugned notices are bad.3. We fail to appreciate the argument made by the learned Senior Counsel. Whether 'A' judgment applies to the facts or judgment 'B' and what is the effect of a doubt having been expressed by the Supreme Court about the latest judgment of the Supreme Cour...

Dr. G. Ashok Kumar Vs. K. Lakshmi and Another

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Mrs. M. Shreesha, Member: 1. The appellant in F.A. No. 95/2003 is opposite party No. 1 in C.D. No. 41/1999 on the file of District Forum, Medak at Sangareddy. 2. The brief facts as set out in the case are that the complainant suffered from ill health and approached opposite party No. 1, who advised her to undergo urine analysis, blood test, B.P. test etc. The reports were normal but she was admitted on 9.4.1998 in opposite partys hospital for operation. The doctor kept open the abdomen of the complainant and without conducting any operation closed the abdomen. Due to negligence of the doctor, the complainant spent Rs. 45,000 for medical expenses and suffered mentally and financially. Thereafter she approached Dr. P. Bhaskar Rao on 7.11.1998 and underwent operation and was discharged on 23.11.1998. Since the complainant suffered heavily, she got issued a legal notice to opposite party No. 1 and opposite party No. 1 replied that when the complainants abdomen was opened suddenly the compl...

Mallina Venkatarao Vs. District Collector and ors.

Court: Andhra Pradesh

Reported in: 2005(4)ALD498

ORDERB. Seshasayana Reddy, J.1. This writ petition is filed by Mallina Venkatarao with a prayer to issue a direction one in the nature of writ of mandamus declaring the order of the Special Deputy Collector (TW), K.R. Puram in S.R.No. 58/99 dated 30-12-1999 as illegal, arbitrary without having any power under the provisions of A.P. Scheduled Areas Land Transfer Regulation 1/59 as amended by 1/70 (for short the Regulation).2. It is stated in the writ affidavit that the petitioner is in possession and enjoyment of land to an extent of Ac.1.57 cents in R.S.No. 75 of Koyarajahmundry Village, Buttaigudem Mandal, West Godavari District. His father Subba Rao along with others purchased lands including the land in R.S.No. 75 from Chebokula Subbanna under a registered sale deed No. 1275 dated 19.8.1960. The said Chebokula Subbanna purchased the lands through a registered sale deed dated 8.6.1952 from Chapala Dharmaraju who is a non-tribal. After the death of Subba Rao, the petitioner and his br...

Kisan Tobacco Company Growers and anr. Vs. Donga Sriramulu

Court: Andhra Pradesh

Reported in: 2005(5)ALD58; 2005(6)ALT177

P.S. Narayana, J.1. Defendant Nos. 1 and 3 in O.S. No. 30 of 1986 on the file of learned Subordinate Judge, Kovvur had preferred the appeal being aggrieved by the judgment and decree dated 1-11-1994 in the aforesaid suit. The respondent herein, the plaintiff in the suit instituted the suit for recovery of Rs. 34,042-83 together with interest at 14% per annum on Rs. 27,184-50, being the value of the tobacco sold to the defendants by the plaintiff in the month of February, 1983. The trial Court, on appreciation of the evidence of P.W.1 and D.W.1 and Exs.A.1 and A.2 and Ex.B.1, ultimately decreed the suit as against the 1st defendant - company and 3rd defendant personally for Rs. 30,042-83 Ps. with subsequent interest at the rate of 14% per annum on the principal amount of Rs. 27,184-50 Ps. from the date of suit till the date of realization and the suit against the 2nd defendant was dismissed without costs. Hence this appeal.2. Sri P. Radha Krishna, learned Counsel representing the appell...

Fly Wheel Travels Vs. Bharat Sanchar Nigam Limited and anr.

Court: Andhra Pradesh

Reported in: 2005(5)ALD171

ORDERB. Seshasayana Reddy, J.1. This writ petition is filed by M/s. Fly Wheel Travels, a partnership firm, with a prayer to issue a writ of mandamus declaring the proceedings of cancellation bearing LR. No. WM/142/BSNL/HYD/ Tenders/2004-05/57, Dated: 20/21-12-2004 20/21-12-2004 as well as the consequential proceedings of even date bearing LR. No. WM/142/BSNL/ HYD/HV/TENDERS/04-05/59 of the respondents as illegal, arbitrary and unenforceable and consequently direct the respondents to act in accordance with their acceptance letter No. WM/142/BSNL/HV/ TENDERS/04-05/37, DATED 16-11-2004.2. The facts that led to filing of the writ petition be stated briefly as under:Bharat Sanchar Nigam Limited, Suryalok Complex, Abids, Hyderabad (for short BSNL)-1st respondent herein, invited tenders for hiring light motor vehicles such as non-AC Ambassador cars, jeeps, matadors etc., in Hyderabad Telecom District. About eleven persons responded to the tender notification. A tender committee evaluated the ...

Siddi Vinayaka Raw and Boiled Rice Mill Vs. A.P. Eastern Power Distrib ...

Court: Andhra Pradesh

Reported in: 2005(5)ALD182; 2005(5)ALT248

ORDERV.V.S. Rao, J.1. M/s. Siddi Vinayaka Raw and Boiled Rice Mill filed the present writ petition seeking a writ of mandamus declaring the inaction of the respondents in not cancelling the service connection No. 905 (Category III(B)) in spite of requests made by the petitioner on 31.3.2004 and issuing demand notice for minimum monthly charges from the month of September, 2003 is illegal and arbitrary, and also for a declaration that the demand notice in Form-A claiming a sum of Rs. 5,00,948.50 ps. as arrears is illegal and arbitrary.2. The fact of the matter in brief is as follows. The petitioner rice mill was established in May, 2000. It was given service connection under Category III(B) with 150 HP of contracted load. As the situation warranted, the respondents also installed a transformer on petitioner paying a sum of Rs. 85,000/-. The petitioner rice mill was operated for some years, but, ultimately, the same was stopped in the month of September, 2003 duly paying the electricity ...

Varapana Seetharami Reddy Vs. Guvvala Sekharamma and ors.

Court: Andhra Pradesh

Reported in: IV(2005)ACC345; 2006ACJ1689; 2005(5)ALD237; 2005(4)ALT669

ORDERP.S. Narayana, J.1. Heard Mr. D. Raghava Reddy, learned counsel representing the revision petitioner-1st respondent - and Mr. Narender Reddy, learned counsel representing the State Bank of India.2. Mr. Raghava Reddy, learned counsel would contend that the application was moved by the revision petitioner, the 1st respondent in M.V.O.P. No. 377 of 2002 on the file of learned Motor Vehicle Accident Claims Tribunal-cum-Principal District Judge, Kadapa, under Order-I Rule 10 of the Code of Civil Procedure (hereinafter referred to as 'Code') for impleading the State Bank of India, Chinnamandem Branch (hereinafter referred to as 'S.B.I.'), as party respondent, on the ground that the revision petitioner secured loans from the S.B.I. for purchasing the motor vehicle in question under 'hire purchase agreement' and hence the ownership of the vehicle continues with the S.B.I. by virtue of the said 'hire purchase agreement'. Learned counsel had drawn the attention of this Court to the definiti...