Andhra Pradesh Court July 2005 Judgments
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B. Suresh Babu Vs. T. Ramakrishnaiah
Court: Andhra Pradesh
Decided on: Jul-15-2005
Reported in: 2005(5)ALD483; 2005(5)ALT672
ORDERP.S. Narayana, J. 1. The landlord filed the present C.R.P. aggrieved by the reversing order made in CMA No. 6/2000 by the Senior Civil Judge-cum-Appellate Authority, Nandyal, preferred as against an order of eviction made in R.C.C.No. 10/96 on the file of Rent Controller-cum-Principal Junior Civil Judge, Nandyal. 2. The learned Counsel representing the parties Sri O. Manohar Reddy, the Counsel representing the landlord, and Sri Bal Ram Reddy, the Counsel representing the tenant, made elaborate submissions. 3. The parties, for the purpose of convenience, would be referred to as landlord and tenant hereinafter. 4. It was pleaded in R.C.C. No. 10/96 as hereunder: 'The petitioner is the owner of the schedule building situated within the limits of Nandyal Municipality as shown in the schedule. He has let-out the same to the respondent for the purpose of carrying on business in Silver and Gold ornaments for a monthly rent of Rs. 300/- payable at the end of every month. The lease period ...
Gvprel-mee (J.V.), Rep. by Its General Power of Attorney Holder Vs. Go ...
Court: Andhra Pradesh
Decided on: Jul-15-2005
Reported in: 2005(5)ALD450; 2005(5)ALT325; 2005(2)CTLJ307(AP)
ORDERV.V.S. Rao, J.INTRODUCTION:The Government of Andhra Pradesh mooted water resource development projects for medium size projects in the State with a view to complete all the important projects in progress and also proposed to take up new projects. All these are to be completed within a period of five years to augment irrigation potential. The Government proposed to divide works into suitably large convenient packages so as to invite tenders for Engineering, Procurement and Construction (EPC) on turn key system including investigation, design, preparation of construction of projects, cost estimates, construction, maintenance and operation for one irrigation system. The Government decided to take up the tender process in two stages. In the first stage it proposed to empanel a specified number of special class civil contractors by inviting offers for pre-qualification to tender for the projects. In the second stage it was proposed to again invite tenders inviting offers from empanelle...
itikala Srinu Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Jul-15-2005
Reported in: 2006(1)ALD(Cri)81; 2005CriLJ3908
K.C. Bhanu, J.1. The 2nd accused in SC 999 of 2000 on the file of Special Judge for SC/ST cases, Warangal preferred the present appeal under Section 374(2) of the Code of Criminal Procedure, 1973 challenging the conviction under Section 302 IPC read with 34 IPC and sentence of imprisonment for life.2. The brief facts that are necessary for the disposal of this case are as follows :The police originally filed charge sheet against three accused A-1 died during the pendency of the ease, whereas A-3 was acquitted by the trial Court. Two years prior to the dale of death of the deceased, A-1 returned to Ankushapuram and purchased sheep and was eking out his livelihood. The mother of A-1 was mentally retarded. During the Dasera festival of 1999, the condition of the mother of A-1 became serious. Therefore she was taken by A-1 to Kotancha temple thinking that she will be cured. During that period half of the sheep which A-1 was owning died on account of disease. The sheep of others also died o...
J. Kubera Mandadi and ors. Vs. K. Doraswamy Mandadi and ors.
Court: Andhra Pradesh
Decided on: Jul-14-2005
Reported in: 2005(4)ALT728
P.S. Narayana, J.1. Defendants 1 to 3 in O.S. No. 35/90 on the file of Subordinate Judge, Puttur, had preferred this appeal. Respondents-plaintiffs in the aforesaid suit prayed for the relief of partition of plaint schedule properties into 4 equal shares with reference to good and bad qualities by metes and bounds and to allot 2 such shares to the plaintiffs. The suit O.S. No. 273/83 filed on the file of Principal District Munsiff, Puttur, which was numbered as O.S. No. 37/85 on the file of Subordinate Judge, Tirupati, and again, renumbered as O.S. No. 45/90 on the file of Subordinate Judge, Puttur, and, O.S. No. 83/83 on the file of Principal District Munsiff, Puttur, which was numbered as O.S. No. 35/85 on the file of Subordinate Judge, Tirupati, and renumbered as O.S. No. 44/90 on the file of Subordinate Judge, Puttur, which had been carried by way of appeals and transferred to this Court as Tr. A.S. No. 3829/2004 and 3830/2004 were not pressed by a memo and the same were dismissed ...
A.P. State Agro Industries Development Corporation Limited Vs. Andhra ...
Court: Andhra Pradesh
Decided on: Jul-14-2005
Reported in: 2005(5)ALD104; 2005(5)ALT612
ORDERL. Narasimha Reddy, J.1. This revision discloses as to what it costs for the parties, if the Court is not vigilant in drafting the decrees in conformity with the judgment.2. The petitioner filed O.S. No. 1254 of 1986 against the respondents for a decree in a sum of Rs. 5,25,000/- jointly and severally against all the three defendants, further relief for a decree in a sum of Rs. 83,795/- and for future interest on a sum of Rs. 5,00,000/- from the date of plaint till the date of realization at the rate of 19% per annum was claimed exclusively against the third respondent. The suit claim related to realization of certain amounts from the third respondent and encashment of bank guarantees furnished by respondents 1 and 2.3. The 3rd respondent remained ex parte. The suit was contested by respondents 1 and 2. Ultimately, it was decreed on 4-4-1997. However, the decree was drafted in such a way that it is for a consolidated sum of Rs. 6,08,794.52 that the amount of Rs. 5,00,000/- shall c...
M.V. Prasad Vs. New India Assurance Co. Ltd. and anr.
Court: Andhra Pradesh
Decided on: Jul-14-2005
Reported in: IV(2005)ACC671; 2005(5)ALT7
ORDERL. Narasimha Reddy, J.1. The claimant in O.P. No. 796 of 2001, on the file of the Motor Accidents Claims Tribunal-cum-III Additional Chief Judge, City Civil Courts, Hyderabad, is the petitioner. He feels aggrieved by the order, dated 28-9-2004, passed by the Tribunal, in I.A. No. 2346 of 2004, according permission to the first respondent to file additional counter affidavit.2. The petitioner filed O.P., claiming the compensation, against the respondents. According to him, he boarded the vehicle bearing No. TN-9D-9869, owned by the second respondent and insured with the first respondent, at Alagadda, together with luggage, so as to proceed to Maidukur. An accident is said to have taken place in between, resulting in injuries to him. The first respondent filed counter resisting the claim. The trial of the O.P. commenced, and the examination of witnesses, on behalf of the petitioner, is said to have been concluded.3. The first respondent filed I.A. No. 2346 of 2004, under Section 151...
P.L. Raju Vs. Dr. Nandan Singh
Court: Andhra Pradesh
Decided on: Jul-14-2005
Reported in: 2005(5)ALD402
P.S. Narayana, J. Introduction:1. Dr. Nandan Singh, respondent in this Appeal/plaintiff in O.S. No. 899/86 on the file of I Additional Judge, City Civil Court, Hyderabad had instituted the suit for refund of part payment amount paid towards agreement of sale dated 22-5-1985, Ex.A-1, with interest thereon against P.L. Raju, appellant herein/defendant in the suit. The suit was decreed for Rs. 1,75,000/- with interest of 6%. Aggrieved by the same, the present Appeal had been preferred by the unsuccessful defendant.2. Submissions of Sri M.R.K. Choudary:Sri M.R.K. Choudary, the learned Senior Counsel representing the appellant/defendant made the following submissions. The learned Senior Counsel would contend that the Court may have to decide in a matter of this nature who is the defaulter and a person who had cancelled the agreement of sale cannot take advantage of his own wrong and also cannot claim refund of the amount having committed breach of contract. The learned Counsel also in detai...
Polaki Appa Rao Vs. Project Officer, Icds and ors.
Court: Andhra Pradesh
Decided on: Jul-14-2005
Reported in: AIR2005AP530; 2005(5)ALD477
P.S. Narayana, J. 1. Polanki Apparao, the unsuccessful plaintiff in O.S.No. 1 of 1993 on the file of the District Judge, Rajahmundry, had preferred this appeal aggrieved by the judgment and decree dated 24-3-1995 made in the aforesaid suit. 2. Said suit was filed for realisation of an amount of Rs. 49,956/- with subsequent interest and costs. The claim of the appellant-plaintiff is relating to different benefits due to one Manepalli Suryakantham on the ground that said Suryakantham is his wife. 3. Before the learned District Judge, East Godavari, Rajahmundry, P.Ws.1 to 3 and DWs.1 and 2 were examined. Exs.A.1 to A.19 and Exs.B.1 to B.12 were marked. Ultimately, the learned Judge on appreciation of evidence adduced on either side dismissed the suit without costs. Aggrieved by the same, the present appeal is preferred. 4. Sri Ramalinga Swamy, the learned Counsel representing the appellant-plaintiff would contend that the status of the plaintiff as husband of Manepalli Suryakantham need n...
Vegendla Subba Rao Vs. Puvvada Srinivasa Rao and ors.
Court: Andhra Pradesh
Decided on: Jul-13-2005
Reported in: AIR2005AP449; 2005(5)ALD260; 2005(6)ALT106
L. Narasimha Reddy, J. 1. This second appeal arises out of a decree passed by the Court of Principal Junior Civil Judge, Ongole, in O.S. No. 79 of 1991, which in turn, was confirmed by the Court of IV Additional District Judge (Fast Track Court), in A.S.No. 68 of 1999. The 2nd defendant in the suit is the appellant.2. The relevant facts are as under:The 3rd respondent was the owner of the suit schedule house in an area of 1440 Sq. feet. He sold it through a sale deed dated 29-8-1963 (Ex.A-8), to the 2nd respondent. The appellant purchased the said property under two separate sale deeds, dated 24-9-1964 (Ex.P-1) and 10-12-1991 (Ex.B-2) from the 2nd respondent. He claims to have added some more constructions on the site in the year 1972. The 3rd respondent filed O.S. No. 247 of 1972 in the Court of District Munsif, Ongole, for recovery of balance of consideration under Ex.A.8, from the 2nd respondent. Since the property was purchased by the appellant herein, in the meanwhile, he too was ...
Brig. Chatrapati Singh Dev Vs. Amulya Kumar Padhi and ors.
Court: Andhra Pradesh
Decided on: Jul-13-2005
Reported in: 2005(5)ALD315; 2005(5)ALT418
ORDERC.Y. Somayajulu, J. 1. In a suit for declaration that the decree in O.S. No. 96 of 1998 obtained by respondents 2 and 3 is a fraudulent collusive decree and for a consequential relief of injunction restraining execution of that decree, filed by the first respondent in his capacity as the Manager of Raja Chatrapati Singh Dev, Mandasa Palace, petitioner filed a petition under Order 1 Rule 10 CPC to implead him as second plaintiff, in the suit, on the ground that he is the actual beneficiary of the suit filed by the first respondent.2. First respondent did not oppose the petition but respondents 2 and 3 opposed the application on various grounds, including the ground that since petitioner already filed O.S. No. 2 of 1999 he need not come on record in this suit. They also contended that since the petition contains two prayers i.e., seeking impleadment and consequential relief of amendment of the plaint, the same is liable to be dismissed.3. The learned Junior Civil Judge found favour ...
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