Andhra Pradesh Court August 2005 Judgments
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Jala Swamydas and anr. Vs. Jadani Sumayun Raju
Court: Andhra Pradesh
Decided on: Aug-24-2005
Reported in: 2005(5)ALT646
ORDERP.S. Narayana, J.1. Heard Sri Vijaya Kumar, representing Sri D. Kodanda Rami Reddy, learned Counsel for the revision petitioners.2. The learned Counsel for the revision petitioners would contend that at the time of execution of warrant, the petitioners, the defendants in the suit, were not present for certain reasons, which had been explained by way of memo and in the said circumstances, the application in I.A.No. 665 of 2004 in I.A.No. 441 of 2004 in O.S.No. 71 of 2003 was moved for appointment of another commissioner and hence, the same is maintainable. The learned Counsel had also taken this Court through the reasons recorded by the learned Judge and would contend that in the facts and circumstances of the case, the impugned order cannot be sustained.3. The matter is coming up for admission. It is not in serious controversy that for a particular purpose, a commissioner was appointed and for the self-same purpose, another application for appointment of second commissioner had be...
Apsrtc Rep. by Its General Manager-cum-managing Director Vs. Budha Ram ...
Court: Andhra Pradesh
Decided on: Aug-24-2005
Reported in: 2005(5)ALT650
R. Subhash Reddy, J.1. This appeal is filed by the Andhra Pradesh State Road Transport Corporation under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act'), aggrieved by the award dated 18-01-2002 of the Chairman, Motor Accident Claims Tribunal-cum-III Additional District Judge, Visakhapatnam, (for short 'the Tribunal'), passed in O.P.No. 390 of 1998.2. Respondents 1 to 3 herein were the claimants before the Tribunal. They filed claim petition claiming compensation of Rs. 1,50,000/- on account of death of one Buddha Gangu Naidu in a motor vehicle accident occurred on the intervening night of 08/09-02-1997.3. As stated in the claim petition, it was the case of the claimants that the deceased was working as a seasonal employee in the Ankapalle Sugar Cooperative Society Limited, Thummapala, and earning an amount of Rs. 2,000/- per month. On the intervening night of 08/09-02-97, when the deceased was proceeding to Venkupalem Village from Satyanarayana Cinema Theatre, Anakapa...
Dr. K. Kusuma Bai Vs. Osmania University and ors.
Court: Andhra Pradesh
Decided on: Aug-24-2005
Reported in: 2005(6)ALD782
ORDERK.C. Bhanu, J.1. Challenging the alteration of inter se seniority of the petitioner vis-a-vis respondents 2 to 4 and giving earlier dates to them in Order No. MR-67/182/99/Admn.III, dated 17.2.2002 by the first respondent as illegal, violative of U.G.C. Guidelines, 1998, G.O. Ms. No. 208, dated 29.6.1999 and provisions of Articles 14, 16 and 21 of the Constitution of India, the present writ petition is filed.2. It is the case of the petitioner that she was regularly appointed as Lecturer with the first respondent in the year 1984 and she was selected as Reader/Associate Professor in the year 1991. She received many laurels and the articles written by her were published in many journals. In the classified list of officers and teachers issued by the first respondent, her name is shown at Sl. No. 7 and the second respondent is at Sl. No. 8. The respondents 3 and 4, who were appointed later and promoted as Associate Professors under Career Advancement Scheme (CAS), are at Sl. Nos. 14 ...
Yachamalla Shiva Ramulu Vs. Mallagari Ramakrishan Rao
Court: Andhra Pradesh
Decided on: Aug-24-2005
Reported in: 2006(1)ALD439
ORDERL. Narasimha Reddy, J.1. This second appeal is filed by the first defendant in O.S.No. 38 of 1987. The sole respondent filed the suit against the appellant and two others, for the relief of declaration of title and confirmation of possession, or in the alternative, for recovery of the possession of suit schedule property, to an extent of Ac.3-01 gts, in Sy.No. 356 of Domadugu Village of Jinnaram Mandal, Medak District. Initially, the suit was decreed ex parte, and thereafter, it was contested by the parties. On 31-8-2000, it was decreed on merits. Aggrieved thereby, the appellant alone filed A.S. No. 45 of 2000, in the Court of IV Additional District Judge (Fast Track Court), Medak at Sangareddy. Through its Judgment, dated 3-3-2003, the lower appellate Court dismissed the appeal. Hence this second appeal.2. Sri G. Anjappa, learned Counsel for the appellant, submits that the judgment of the lower appellate Court is contrary to the specific provisions of Rule 17 of Order 41 C.P.C.,...
K.V.V. Satyanarayana Vs. Muttamsetti Tulasi
Court: Andhra Pradesh
Decided on: Aug-24-2005
Reported in: 2006(2)ALT260
P.S. Narayana, J.Introduction:1. K.V.V. Satyanarayana, the unsuccessful defendant in O.S.No. 418 of 1988 on the file of the Principal Subordinate Judge, Vijayawada, had preferred the present appeal. Smt Muttamsetti Tulasi, the respondent herein, who is the plaintiff in the suit, filed the suit as against the appellant/ defendant for delivery of vacant possession of the schedule property and for arrears of rent with subsequent interest and also for damages @ Rs. 3,000/- per month. The learned Judge, on the strength of the respective pleadings of the parties, having settled the issues, recorded the evidence of P.W.1 and P.W.2 and D.W.1 and D.W.2 and marked Exs.A-1 to A-6 and Exs.B-1 to B-32, and decreed the suit as prayed for with costs, but without awarding any interest and granting future damages at the rate of Rs. 3,000/- per month. Hence, the appeal.SUBMISSIONS OF SRI V.S.R. ANJANEYULU:2. Sri V.S.R. Anjaneyulu, the learned Counsel representing the appellant/ defendant, would submit t...
Good Will Trade Links Vs. Additional Commissioner of Commercial Taxes ...
Court: Andhra Pradesh
Decided on: Aug-24-2005
Reported in: [2006]148STC429(AP)
ORDERB. Sudershan Reddy, J.1. This writ petition is directed against the order of the Additional Commissioner rejecting the objections filed by the petitioner herein seeking stay of collection of the disputed tax pending disposal of the main appeal before the Sales Tax Appellate Tribunal. The Additional Commissioner having briefly noticed the grounds of appeal and the contentions urged for and on behalf of the petitioner herein found that on the basis of the material available on record, it is not possible to hold that Section 5AA of the Andhra Pradesh General Sales Tax Act, 1957 would be applicable to the fact-situation on hand. The Additional Commissioner also noticed that the final authority as well as the appellate authority held against the petitioner herein as regards the application of Section 5AA of the said Act on the ground that the material and evidence made available in support of the plea are not sufficient to arrive at any such conclusion. The Additional Commissioner also...
Apsrtc Vs. Budha Ramulamma (Died) and ors.
Court: Andhra Pradesh
Decided on: Aug-24-2005
Reported in: I(2006)ACC228
R. Subhash Reddy, J.1. This appeal is filed by the Andhra Pradesh State Road Transport Corporation under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act'), aggrieved by the award dated 18.1.2002 of the Chairman, Motor Accident Claims Tribunal-cum-III Additional District Judge, Visakhapatnam (for short 'the Tribunal'), passed in O.P. No. 390 of 1998.2. Respondents 1 to 3 herein were the claimants before the Tribunal. They filed claim petition claiming compensation of Rs. 1,50,000 on account of death of one Budha Gangu Naidu in a motor vehicle accident occurred on the intervening night of 8/9.2.1997.3. As stated in the claim petition, it was the case of the claimants that the deceased was working as a seasonal employee in the Ankapalle Sugar Cooperative Society Limited, Thummapala, and earning an amount of Rs. 2,000 per month. On the intervening night of 8/9.2.1997, when the deceased was proceeding to Venkupalem Village from Satyanarayana Cinema Theatre, Anakapalle, an RT...
B. Kantha Reddy Vs. Mandal Development Officer-cum-additional District ...
Court: Andhra Pradesh
Decided on: Aug-23-2005
Reported in: 2005(5)ALD742; 2005(6)ALT317
ORDERB. Seshasayana Reddy, J.1. This writ petition has been filed by B. Kantha Reddy seeking a writ of certiorari to quash the judgment and decree dated 4-5-2005 passed in O.P. No. 6 of 2001 on the file of the Junior Civil Judge (Election Tribunal under A.P. Gram Panchayat Act, 1994), Alampur, Mahaboobnagar District. By the impugned order, the learned Election Tribunal set aside the election of the petitioner as Sarpanch of Amaravai Village and further declared E. Prakash Goud-fourth respondent in the writ petition as duly elected Sarpanch of Amaravai Village.2. Election notification was issued by the State Election Commission, Hyderabad, to the Sarpanch post of Amaravai Village. B. Kantha Reddy-writ petitioner and E. Prakash Goud-fourth respondent filed nominations to the Sarpanch post of Amaravai Village. The fourth respondent raised objection before the Assistant Election Officer-second respondent with regard to eligibility of the writ petitioner to contest for the post of Sarpanch ...
Dr. C.L. Venkata Rao and ors. Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Aug-23-2005
Reported in: 2005(6)ALD327; 2005(6)ALT159
ORDERBilal Nazki, A.C.J.1. Heard qlearned Counsel for the parties. These are two writ petitions, which will be disposed of by this common judgment.2. The first writ petition i.e. W.P.No. 13604 of 2005 generated much debate in the society as the doctors represented by the Junior Doctors' Association went on strike. When the matter was taken up by this Court, respondent No. 8 appeared before the Court and an undertaking was given to this Court that the strike would be called off and it was called off accordingly. But without waiting for the orders from this Court, the strike was again resumed on 09-07-2005 and then it was called off on 14-07-2005. In the meanwhile, the Doctors' Association known as 'Junior Doctors' Association' also filed a writ petition being W.P.No. 15524 of 2005 raising certain grievances. Counters have been filed in both the writ petitions. We have heard learned Advocate General and also qlearned Counsel appearing for the Medical Council of India.3. Mainly two issues...
Thorati Latcharao Vs. Mandal Revenue Officer and anr.
Court: Andhra Pradesh
Decided on: Aug-23-2005
Reported in: 2005(6)ALD150
L. Narasimha Reddy, J.1. The plaintiff in O.S. No. 395 of 1990 on the file of the learned IV Additional District Munsif Judge, Rajahmundry is the appellant. He filed the suit against the respondents, for the relief of declaration that he is the cultivating tenant in respect of the suit schedule property and for consequential perpetual injunction restraining them and their agents from dispossessing him. He pleaded that the land admeasuring Ac.2.41 cents in R.S. No. 574/1 of Kadiam Village, East Godavari District was owned by one Ramella Timmarayanam and that he is the tenant of that land for about 30 years, prior to the filing of the suit. He further pleaded that without his knowledge and notice to him, the respondents had identified that land for surrender, as excess land under the provisions of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for short 'the Ceiling Act'), and that on the strength of the same, the respondents tried to evict him.2. The respo...
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