Andhra Pradesh Court July 2005 Judgments

Babulal Shiva Shankar and Sri Brig Mohan Agarwal, S/O. Late Sri Hari N ...

Court: Andhra Pradesh

Reported in: 2005(5)ALD342; 2005(5)ALT410

ORDERL. Narasimha Reddy, J. 1. The petitioners are the defendants in O.S. No. 698 of 2001 on the file of the III Senior Civil Judge, City Civil Court, Secunderabad. The respondent filed it for the relief of eviction from the suit schedule property. Along with the suit, the respondent filed a xerox copy of the notice said to have been issued under Section 106 of the Transfer of Property Act. The trial of the suit commenced. The respondent sought to mark the copy of the notice said to have been served upon the petitioners. The petitioners raised an objection as to the admissibility of such document. Thereupon, the respondent filed I.A. No. 1695 of 2004, under Section 65 of the Evidence Act (for short 'the Act') and sought permission of the trial court to receive the copy of the notice, as secondary evidence. It was also pleaded that he proposes to examine the learned advocate, who issued the original of that notice, to the petitioners. The application was resisted by the petitioners on s...

Ghanta Sundara Rao, S/O. Tatayya Vs. Buddana Surya Rao, S/O. Muneeyaa

Court: Andhra Pradesh

Reported in: 2005(5)ALD291; 2005(6)ALT192

L. Narasimha Reddy, J.1. The dispute in this second appeal is between persons, claiming through two sisters.2. The facts that gave rise to the filing of this second appeal may briefly be stated as under:Late M.Gangayya, through his wife, Suramma, had two daughters, viz., Rattamma and Gopamma. They did not have any male issues. Both the parents died intestate, and left behind them, Ac.10.41 cents of land in the villages of Mudunuru and Pentapadu. Their two daughters succeeded to it, in equal shares.3. Gopamma filed O.S.No. 397 of 1940 in the Court of District Munsif, Kovvur, against her sister Rattamma, and a close relation of the latter viz. Satyanarayana. She pleaded that an oral partition took place between the sisters in the year 1939, wherein the land in Sy.No. 308 of Mudunuru, admeasuring Ac.5.51 cents fell to the share of Rattamma and the land in Sy.Nos. 302 of Mudunuru, 410/7 of Pentapadu, admeasuring Ac.4.38 and Ac.0.52 cents, respectively, fell to her share. It was alleged tha...

Sheik Madar and ors. Vs. Kursheeda Begum

Court: Andhra Pradesh

Reported in: 2005(5)ALD818; 2005(5)ALT591

ORDERL. Narasimha Reddy, J.1. This revision presents an important question relating to Hanafi Law of Inheritance.2. Petitioners 1 and 3 are the sons. Petitioner No. 2 is the wife, and the respondent is the daughter of one late Md. Ghouse. He died leaving a house bearing No. 4-10-87, admeasuring 380 square yards, situated at Hanumakonda. The respondent files O.S.No. 34 of 2000 in the Court of the learned II Additional Junior Civil Judge, Warangal for partition of the said property against the petitioners.3. The petitioners filed I.A.No. 2348 of 2002 in the Court of the learned II Additional Junior Civil Judge, Warangal under Rule 11 of Order VII and Rule 6 of Order XII read with Section 151 C.P.C., with a prayer to reject the plaint and dismiss the suit. According to them, the 2nd petitioner is the only sharer, for the property left by late Md. Ghouse as per the Hanafi Law and that the respondent being a residuary, does not possess any right or enforceable claim in relation to such prop...

Oriental Insurance Company Ltd. Vs. Smt. V. Kala Bharathi and ors.

Court: Andhra Pradesh

Reported in: AIR2006AP31; 2005(6)ALD61; 2005(5)ALT564

ORDERL. Narasimha Reddy, J.1. The question as to whether the amount deposited by the judgment-debtor in a decree should be adjusted first towards the decretal amount, or the interest that accrued thereon, was the subject matter of several precedents and legislative measures. However, it continues to vex the parties and the courts alike.2. The facts, that gave rise to filing of these revisions, are as under. The parties are referred to, as arrayed in C.R.P.No. 4337 of 2004.3. Respondents 1 to 5 (hereinafter referred to as 'the respondent') filed O.P.No. 774 of 1993, before the Motor Accidents Claims Tribunal-cum-V Additional District Judge, Tirupathi (for short 'the Tribunal'), claiming compensation in a sum of Rs. two crores, on account of death of Mr. V. Raj Kumar, husband of the first respondent, father of respondents 2 and 3 and son of respondents 4 and 5. It was alleged that he dies in an accident, involving a vehicle belonging to the 6th respondent, driven by the 7th respondent, a...

Bodla Ravindranath Vs. Chintala Venkatalaxmi and ors.

Court: Andhra Pradesh

Reported in: 2005(6)ALD358

A. Gopal Reddy, J.1. This is an appeal by the 2nd defendant, calls in question the legality of the judgment and decree of the 1st Additional Special Judge for SPE & ACB cases-cum-Additional Chief Judge, City Civil Court, Hyderabad in decreeing the suit of plaintiff in O.S. No. 128 of 1982 for declaration that she is the only heir, successor of the suit schedule property and for recovery of possession.2. Background facts as pleaded by plaintiff were that suit schedule property, double storied building bearing M.C. No. 15-2-314 & 315 situated at Kishangunj, Hyderabad originally belongs to one Bodla Raghavulu husband of Bodla Jejamma. Their only daughter by name Venkatamma predeceased Jejamma and her daughter Sulochana was married to first defendant-Kasinath and they had only daughter, plaintiff. On the death of Sulochana, Kasinath married Danamma and through her he got two sons and one daughter. The appellant-2nd defendant is the eldest son of Kasinath and Danamma. It is the case of the ...

Polisetty Seetharamanjaneyulu and ors. Vs. Public Prosecutor, High Cou ...

Court: Andhra Pradesh

Reported in: 2005(2)ALD(Cri)537; 2005CriLJ4297

ORDERP. Swaroop Reddy, J.1. This revision case is filed against the judgment of the learned 1st Additional Sessions Judge, Ongole in Crl. A.No. 198 of 2002, in which the' learned Judge confirmed the conviction of the present petitioners, imposed by the learned IIIrd Additional Judicial Magistrate of First Class, Ongole in C.C. No. 76 of 2001 for an offence under Section 138 of the Negotiable Instruments Act. The learned Magistrate convicted A-l company and A-2 and A-3, its partners, for the offence under Section 138 of the Negotiable Instruments Act and sentenced A-2 and A-3 to simple imprisonment for six months each and directed to pay compensation of Rs. 5.00 lakh (Rs. Five Lakhs) each, in default to undergo simple imprisonment for three months each. The learned Magistrate also sentenced A-l to pay fine of Rs. 500.00 in default to undergo simple imprisonment for three months.2. The case arose out of a private complaint filed by the complainant, the present second respondent, under Se...

Syed AsifuddIn and ors. Vs. the State of Andhra Pradesh and anr.

Court: Andhra Pradesh

Reported in: 2006(1)ALD(Cri)96; 2005CriLJ4314

ORDERV.V.S. Rao, J.1. These two petitions are filed by different persons under Section 482 of Code of Criminal Procedure, 1973 (Cr. P. C.) seeking similar relief. Both the matters were admitted on the same day and since then both the matters are being listed together for being disposed of as such, this common order covers both the matters. The petitioners in both the matters seek the relief of quashing F. I. R. No. 20 of 2003 of Criminal Investigation Department (C. I. D.) Police, Hyderabad, registered under Sections 409, 420 and 120B of Indian Penal Code, 1860 (for short, IPC), Section 65 of the Information Technology Act, 2000 (for short, IT Act) and Section 63 of the Copyright Act, 1957 (for short, Copyright Act).2. The crime was registered against the petitioners on a written complaint given by the Head of Sales and Marketing Wing of M/s. Reliance Infocomm Ltd., Hyderabad, the second respondent herein. In the complaint, it is alleged that certain vested elements of the trade of mob...

Sanapala Narasamma Vs. State of A.P. and ors.

Court: Andhra Pradesh

Reported in: 2006(1)ALD297

L. Narasimha Reddy, J.1. The subject-matter of Second Appeal Nos. 346 of 2000; 642 of 2001 and W.P. No. 22517 of 1999 is the same landed property. Hence, they are disposed of through a common judgment.2. For the sake of convenience, the parties are referred to, as arrayed in the writ petition.3. The circumstances under which the second appeals and the writ petition came to be filed may briefly be stated as under :The mother of the petitioners, viz., Kancharana Visakamma, is said to have been granted lease, over an extent of Ac.7.08 cents of land in Sy.No. 42 (old), of Madhavadhara Village, Vishakapatnam Taluk and District, in or around the year 1937, by the erstwhile Zamindar of Vizianagaram Estate. She is said to have raised mango and cashew nut groves over the land. She died on 7-1-1975. The Estate was abolished under The Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948 (for short 'the Act').4. Petitioners pleaded that they succeeded to the righ...

G. Padmavathi Vs. Andhra Bank and Another

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Mrs. M. Shreesha, Member: 1. Aggrieved by the order in C.D. No. 66/2001 on the file of District Forum, Anantapur, the complainant preferred this appeal. 2. The brief facts as set out in the complaint are that the complainants husband opened an account Abhaya Gold Savings Bank Account No. 79 in Andhra Bank on 25.3.1998 paying Rs. 1,100 for which he would be insured for Rs. 1,00,000 with the second opposite party, insurance company. The complainant is the nominee. On 13.6.1999 when the complainants husband was in the house the associates of Dharmavaram M.L.As. brother K. Pedda Reddy, J. Sreerami Reddy, Linga Reddy, Prathapa Reddy and Siva Reddy forcibly took the insured in a jeep. Even after lapse of two hours, he did not return home. Thereafter on inquiry, the complainants family was told that the insured had left to his village. When the insured did not turn up on 14.6.1999 a complaint was lodged at Yellanur Police Station and the same was registered in Crime No. 35/1999. After investi...

Nalamothu Venkaiya, S/O. Late Sri N. Subbarayudu (Died) and N.J. Lalit ...

Court: Andhra Pradesh

Reported in: AIR2005AP535; 2005(5)ALD767; 2005(6)ALT585

T. Meena Kumari, J.1. This appeal is directed against the judgment and decree dated 1-10- 1999 in O.S. No. 1046 of 1994 on the file the V Senior Civil Judge, City Civil Court, Hyderabad, whereby the learned Senior Civil Judge decreed the suit for specific performance of the agreement of sale dt 03.6.1994.2. The unsuccessful defendant is the appellant herein and the respondent herein is the first plaintiff in the above suit. Though the second plaintiff arrayed as second respondent herein, her name was deleted from the record as per the order in CMP No. 16823 of 2001 dt. 31-10-2001. During pendency of the appeal, since the original appellant died, his wife was brought on record as his legal representative.3. The plaintiffs filed the suit for specific performance of the agreement of sale dated 3-6-1994. The case of the plaintiffs, as can be seen from the material allegations in the plaint, is as follows:-(a) The defendant is the absolute owner and exclusive possessor of the suit schedule ...