Andhra Pradesh Court September 2005 Judgments
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T. Basavaraju (Died) Per L.Rs. Vs. T. Nagaratnam and ors.
Court: Andhra Pradesh
Decided on: Sep-20-2005
Reported in: 2006(3)ALD838; 2006(1)ALT135
ORDERC.V. Ramulu, J.1. This revision is filed under Article 227 of the Constitution of India being aggrieved by an Order dated 28-1-2004 made in I.A. No. 62 of 2004 in O.S. No. 71 of 1998 on the file of the learned I Additional District Judge, Rajahmundry, wherein the petition filed by respondents 1 and 2 herein under Order XIII Rule 4 read with Section 151 of the Code of Civil Procedure to direct the petitioner herein to pay stamp duty and penalty and obtain registration of the document i.e. Ex.B-38 as per law in the time stipulated by the Court, was allowed.2. The suit is filed for partition of the plaint schedule properties by metes and bounds. During the pendency of the suit, when D. W.6 (3rd defendant) was examined by Commission, a carbon copy of the family settlement deed dated 9-7-1987 was marked through him. Thereafter, defendant Nos. 4 and 5 filed the present I .A. stating that unless and until Ex.B-38 is duly stamped and registered, the same cannot be admitted in evidence. Th...
T. Umrao Devi Bantia Vs. Appellate Authority-cum-i Additional Chief Ju ...
Court: Andhra Pradesh
Decided on: Sep-20-2005
Reported in: 2006(2)ALD184
B. Sudershan Reddy, J 1. The petitioner is the owner and claims to be in possession of the premises bearing No. 207, Sikh Road, Secunderabad, which is a residential house. The 2nd respondent -Secunderabad Cantonment Board vide its tax bill, dated 17-1-2002, raised a supplementary bill for the period from 1-4-2000 to 31-3-2002 proposing to realize the tax from the petitioner such as house tax, conservancy tax, water tax, lighting tax and library cess and called upon the petitioner to pay a sum of Rs. 7,41,578/- enhancing the annual rental value of the house to Rs. 7,00,000/- from that of Rs. 6,00,000/-. However, there appears to be some dispute as to the nature of the premises with which we are not concerned for the present in this writ petition.2. Aggrieved by the action of the 2nd respondent, the petitioner herein preferred appeal under Section 84 of the Cantonments Act, 1924 (for short 'the Act') before the 1st respondent on several grounds, which is numbered as C.M.A. No. 38 of 2002...
Mohd. Chand Pasha Vs. T. Madhusudhan Reddy and anr.
Court: Andhra Pradesh
Decided on: Sep-20-2005
Reported in: 2006(3)ALD105
ORDERC.Y. Somayajulu, J.1. Questioning the rejection of his nomination for the 35-Adilabad Parliamentary Constituency, petitioner filed this petition.2. The case of the petitioner in brief is that in pursuance of the notification issued by the Election Commission of India, he filed his nomination for the 35 Adilabad Parliamentary Constituency on 29-3-2004, at about 1-45 p.m., before the returning officer (second respondent) by depositing Rs. 10,0007- as security deposit, and took the oath as required, and that the second respondent through his memo dated 29-3-2004, directed him to produce the proforma affidavit in Form No. 26 positively 'before 11-00 a.m.,' on 2-4-2004 and though he sent his representative, along with his affidavit in Form No. 26, with a request to be present before the second respondent 'at 11 a.m.,' on 2-4-2004 though his representative entered the chambers of the 2nd respondent when his name at S.No. 10 was called at the time of scrutiny of the nominations, and requ...
Vemuri Hitlar Rao and anr. Vs. Vemuri Jayaram Prasad
Court: Andhra Pradesh
Decided on: Sep-16-2005
Reported in: 2005(5)ALT704
ORDERD.S.R. Varma, J.1. Heard the learned Counsel appearing on behalf of the petitioners.2. This Civil Revision Petition is directed against the order, dated 1 -8-2005, passed by the Senior Civil Judge, Avanigadda, allowing the application I.A. No. 320 of 2005 in O.S. No. 38 of 2005, filed under Order 26 Rule 9 of the Code of Civil Procedure seeking appointment of an Advocate-Commissioner to note down the physical features of the suit schedule property and also to note down whether there is any boundary bund in between the plan submitted by the petitioner (plaintiff) and plaint schedule property in an extent of Ac. 2-28 cents.3. The petitioners are defendants and respondent is plaintiff in the suit. The suit is filed for specific performance of an agreement of sale, dated 8-3-1991, and for permanent injunction.4. For the sake of convenience, the parties will be referred to as per their array in the suit.5. It is the contention of defendants that there was no agreement of sale, dated 8-...
P. Chandra Sekhar Vs. Additional Deputy Inspector General of Police
Court: Andhra Pradesh
Decided on: Sep-16-2005
Reported in: 2005(6)ALD408
ORDERRamesh Ranganathan, J.1. Proceedings of the respondent dated 21-2-1995, whereby the services of the petitioner was terminated on the expiry of a period of one month from the date of service of the order, is impugned in this writ petition, as an order passed without jurisdiction. Rule 5 of the Central Civil Service (Temporary Service) Rules, 1965, (hereinafter referred to as 'CCS (TS) Rules'), is contended as not being applicable to members of the Central Reserve Police Force (hereinafter referred to as 'the CRPF'). The impugned proceedings dated 21-2-1995 is also challenged on the ground of violation of Articles 14 and 16 of the Constitution of India, Rule 16 of the Central Reserve Police Force Rules, 1955, (hereinafter referred to as 'the CRPF Rules'), and principles of natural justice.2. Facts, to the extent necessary for this writ petition, are that the petitioner was appointed as a Constable in the CRPF on 4-8-1993. His services were terminated on 14-5-1994 on the ground that ...
Ch. Subrahmanyeswara Rao Vs. Commissioner, Prohibition and Excise and ...
Court: Andhra Pradesh
Decided on: Sep-16-2005
Reported in: 2005(6)ALD501
ORDERG. Rohini, J.1. In pursuance of the Notification dated 26-5-2005 issued by the District Collector, East Godavari inviting tenders from the intending tenderers for grant of lease of right to sell liquor by shop for the period from 1-7-2005 to 30-6-2006, the petitioner has submitted his tender and in the auction held on 2-6-2005 he was declared as the successful bidder in respect of Koripalli Village of Karapa Mandal, East Godavari District. Accordingly, the petitioner furnished the required Deposits and Bank Guarantees together with the requisite documents which were forwarded to the 2nd respondent - Superintendent of Prohibition & Excise for issuance of a licence in favour of the petitioner. As required under the statutory rules, the petitioner has selected the premises bearing Door No. 2-154 of Koripalli Village of Karapa Mandal, E.G. District for establishing a shop, for sale of the liquor. The Station House Officer, Prohibition & Excise, Tallarevu having inspected the said prem...
D. Ram Mohan Rao Vs. Sridevi Hotels Pvt. Ltd. Rep. by Managing Directo ...
Court: Andhra Pradesh
Decided on: Sep-16-2005
Reported in: 2005(6)ALT712
ORDERG. Rohini, J.1. This Revision Petition is directed against the order dated 9-7-2004 in I.A.No. 550 of 2003 in O.S.No. 34 of 2002 on the file of the Court of I-Addl. District Judge, Nizamabad.2. The revision petitioner is the defendant in the suit, whose application filed under Order 16 Rule 6 of C.P.C. to summon the Income-Tax Returns of the 1st plaintiff from the Joint Commissioner, Income-Tax was rejected by the Court below. The respondents are the plaintiffs.3. For the sake of convenience, the parties shall hereinafter be referred to as they were arrayed in the plaint.4. The facts, in brief, are as under:The respondents herein filed O.S.No. 34 of 2002 seeking a decree for eviction of the defendant/Revision petitioner from the plaint schedule premises and for recovery of rents alleged to be due. The case of the plaintiffs was that the plaint schedule premises was leased out to the defendant under a Registered Lease Deed, dated 11-4-2001 for the purpose of running a hotel. The le...
Indian Bank, Vijayawada-1 Branch, Rep. by Senior Manager Vs. Banka Bul ...
Court: Andhra Pradesh
Decided on: Sep-16-2005
Reported in: 2005(6)ALT683
ORDERD.S.R. Varma, J.1. Despite service of notice, none appears for the respondents.2. Heard the learned Counsel for the petitioner and perused the material placed before me.3. This revision is directed against the order dated 30-11-2004, passed by the learned II Additional Senior Civil Judge, Vijayawada in I.A.No. 235 of 2001 in O.S.No. 487 of 1979 filed under Section 152 of the Code of Civil Procedure seeking amendment of the preliminary decree.4. Revision petitioner is the plaintiff in the suit. The suit was filed for recovery of money based on a mortgage. A preliminary decree was passed on 15-1-1986 stipulating six months' period for redemption. It appears that the respondents have not redeemed the mortgage. Therefore, a final decree was passed on 27-3-1989. The petitioner filed the E.P. in the year 1990, and the same is pending. During the E.P. proceedings, the petitioner detected certain errors in the decree and accordingly filed the present application. The trial Court dismissed...
Komireddy Venkata Narasamma Vs. Kondareddy Narasimha Murthy
Court: Andhra Pradesh
Decided on: Sep-15-2005
Reported in: AIR2006AP40; 2005(6)ALD152; 2006(1)ALT621
L. Narasimha Reddy, J.1. The unsuccessful plaintiff in O.S. No. 62 of 1989, in the Court of District Munsif, Kothapeta, filed this second appeal. Her suit was dismissed by the trial Court, through judgment and decree dated 28-10-1996. Thereupon, she filed A.S. No. 82 of 1996, in the Court of Senior Civil Judge, Razole. The appeal was also dismissed on 24-10-2000. The dispute related to the devolution of property, held by one Chewuri Veera Swamy. His wife is Seshamma. They did not have any issues. The appellant, who was the daughter of Seshamma's brother, was brought up by them. Her marriage was also performed by that couple. Veera Swamy executed a deed of settlement, dated 23.1.1961, marked as Ex.A-2, whereunder, he reserved life interest in himself, in respect of Ac.0-60 cents of land at Narendrapuram Village, and created vested remainder, in favour of the appellant.2. Veera Swamy executed a will, dated 19-3-1963, marked as Ex.A-1, in respect of Ac.0-12 cents of land in R.S. No. 252, ...
D.B. Rao and ors. Vs. A.P. State Road Transport Corporation and anr.
Court: Andhra Pradesh
Decided on: Sep-15-2005
Reported in: 2005(6)ALD394
L. Narasimha Reddy, J.1. The petitioners herein are employed as Drivers in the Palakonda Depot of A.P.S.R.T.C. The 2nd respondent herein issued an order dated 31-8-2005, directing recovery of various amounts from their salaries. The petitioners challenge the same.2. It was alleged that on 3-8-2005, the petitioners have reported to duty, but have detained the respective vehicles, entrusted to them, without any reasonable cause. Such detention of the vehicles or, of refusal by the petitioners, to take the vehicles on the routes, is said to have resulted in cancellation of the services, which in turn, had caused huge loss to the Corporation, as well as inconvenience to the travelling public. A common show-cause notice dated 16-8-2005 was displayed in the Notice Board, through which, the petitioners were called upon to submit explanations, as to why the amounts indicated against their names, representing the loss of income, shall not be recovered from them. The petitioners, in turn, submit...
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