Andhra Pradesh Court January 2006 Judgments
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K. Deepthi Vs. University College of Women (Autonomous) and anr.
Court: Andhra Pradesh
Decided on: Jan-24-2006
Reported in: 2006(4)ALT696
ORDERL. Narasimha Reddy, J.1. Petitioner is a student of M.Sc, (Nutrition & Dietetics), in the University College for Women, the 1st respondent herein. She challenges the action of the respondents, in not issuing the Hall-Ticket, for the examination of III semester. Petitioner pleads that she has put in requisite percentage of attendance, and despite the same, respondents are not permitting her, to appear in the examination, on the basis of certain corrections in the particulars, as to attendance. In the counter affidavit filed on behalf of the respondents, it is stated that the petitioner has 54% of attendance, as against the minimum of 75%, and in that view of the matter, she was not issued the Hall-Ticket.2. learned Counsel for the petitioner submits that the respondents displayed the particulars of attendance of candidates, of III semester, well in advance, and in that, it was indicated that the petitioner has 59% of attendance. He contends that within a short-time, it was correcte...
Yerra Venkateshwarulu Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Jan-23-2006
Reported in: 2006(2)ALD246
ORDERL. Narasimha Reddy, J.1. This case has got a long and chequered career. The petitioner purchased an extent of Ac.3.20 guntas of land in Sy.No. l72/A of Bayyaram Village, from one Merugu Mallaiah, S/o. Ilaiah through an unregistered sale deed dated 14.2.1964. On a report submitted by the Special Deputy Tahsildar, Yellandu, the Special Deputy Collector, Palvancha, third respondent herein, initiated proceedings under the A.P. (Scheduled Area) Land Transfer Regulations, 1959, read with Regulation 1/70 (for short 'Regulations'). One Mr. Puli Perumalla was shown as the petitioner. Since Perumalla died during the pendency of the said proceedings, his grandson, by name Puli Ramulu, was shown as his legal representative.2. On receipt of notice from the third respondent, the petitioner appeared and put forward his defence. He pleaded that the sale in his favour is not affected by the provisions of the Regulations, since they came into force subsequent to the sale in his favour. Other ground...
Jatavath Sali Vs. Mandal Parishad Development Officer and anr.
Court: Andhra Pradesh
Decided on: Jan-23-2006
Reported in: 2006(2)ALT217
P.S. Narayana, J.1. Heard Sri T.N. Ranga Rao2. This Court ordered Notice Before Admission on 15-12-2005. The revision petitioner is questioning the order made in P.L.C. No. 285 of 2005, dated 3-9-2005 on the file of the Mandal Legal Services Committee, Miryalaguda, Nalgonda District. The order impugned reads as hereunder:Petitioner present. Counter filed. In view of the counter filed by the Mandal Development Officer, there is dispute in regard to identity of Gopala Swamy Sangal, and as such it is difficult to ascertain disputed questions of fact before Lok Adalat. Hence, petition is closed.4. Sri T.N. Ranga Rao, the learned Counsel representing the revision petitioner would maintain that the petitioner being woman, had moved the Committee aforesaid in view of Section 12(c) of the Legal Services Authorities Act, 1987, praying for referring the matter for settlement of amount under Water Shed Works Scheme. The learned Counsel also would maintain that inasmuch as the Mandal Legal Service...
Jampana Rama Raju and ors. Vs. Kanuri Suryanarayana and anr.
Court: Andhra Pradesh
Decided on: Jan-23-2006
Reported in: 2006(2)ALD638; 2006(3)ALT356
A. Gopal Reddy, J.1. This is a defendant's appeal against the judgment and decree of the Senior Civil Judge, Machilipatnam in O.S. No. 100 of 1989 dated 17-3-1998 decreeing the suit of the plaintiffs for evicting the defendants from the plaint A-schedule lands and for ascertainment of future profits from the date of filing of the suit till the date of delivery of possession on an application filed by the plaintiffs.2. The facts, which are not in dispute and necessary for disposal of the appeal, are as under :3. Plaint A-schedule land consists of two items viz., Items 1 and 2. Item No. 1 comprises of Ac.5.57cts., in R.S. No. 250; Item No. 2 comprises of Ac.7.22 cts., in R.S. No. 244 of Atapaka Village which is in possession of defendants 1 and 2 respectively. Originally the land belongs to Kasinathuni Tripuramba who purchased under two registered sale deeds dated 30-9-1901 and 4-7-1902 under Exs.Al and A2 respectively and gifted the said properties to her only daughter-Bramaramba under ...
A.P. State Essential Commodities Corporation and anr. Vs. Uppala Ramak ...
Court: Andhra Pradesh
Decided on: Jan-23-2006
Reported in: 2006(2)ALD738; 2006(3)ALT331
A. Gopal Reddy, J.1. Defendants are in appeal questioning the correctness of the judgment and decree of the III Additional District Judge, Visakhapatnam in decreeing the suit of the plaintiff O.S. No. 41 of 1995 declaring the order of the 2nd defendant as arbitrary and illegal and restraining the defendants by way of permanent injunction from recovering or causing to recover the amount due under the order in RC No. 1277 83(B) ECC, dated 5-11-1983.2. The facts which are not in dispute and relevant for disposal of the appeal briefly stated as under:3. Plaintiff was appointed as commission agent for supply of essential commodities like rice and wheat to the Fair Price Shops in Narsipataam for a period of one year from 1-12-1981 and entered into an agreement with the defendants on 21-5-1981, whereunder defendants agreed to pay commission at Rs. 2.25ps. per quintal to the plaintiff. Even after expiry of the period he continued as such without there being any agreement. The 1st defendant obt...
Yalla Arjuna Prasad Vs. Yalla Gangaraju and ors.
Court: Andhra Pradesh
Decided on: Jan-23-2006
Reported in: 2006(2)ALD653; 2006(3)ALT379
P.S. Narayana, J.1. Heard Sri V.L.N.G.K. Murthy, Counsel representing the appellant and Sri V. V.L.N. Sarma, Counsel representing the 3rd respondent.2. Sri V.L.N.G.K. Murthy, the learned Counsel representing the appellant/defendant in O.S. No. 22/92 on the file of Subordinate Judge, Pithapuram made the following submissions. The learned Counsel would maintain that this is a case where the original plaintiff, Yalta Gangaraju, who is no more, had challenged the validity of the sale deed dated 21-10-1991 executed by her on the ground of either fraud or undue influence. The learned Counsel also would maintain that the particulars mentioned thereof in the pleading are highly insufficient. Even otherwise the burden is on the plaintiff to establish the same irrespective of the fact whether appellant/defendant had proved his stand or not. The learned Counsel would maintain that no doubt Yalta Gangaraju was no more and subsequent thereto Yalla Butchiraju, who was brought on record was examined ...
Penumatsa Narasimha Raju Vs. Valluri Jaya Prakasa Babu
Court: Andhra Pradesh
Decided on: Jan-23-2006
Reported in: 2006(2)ALD666; 2006(3)ALT112
A. Gopal Reddy, J.1. Defendant in the suit filed this appeal against the judgment and decree dated 27-9-2002 in O.S No. 12/95 of the Senior Civil Judge, Vizianagaram, granting specific performance of an agreement of sale dated 31-7-1991 in favour of the plaintiff.2. The parties herein will be referred to as arrayed in the suit.3. The undisputed facts briefly stated as under : The defendant who is the absolute owner of the plaint schedule land, ad-measuring Ac.4-00 in S. No. 141, Patta No. 450 situate in Ardhannapalem in Kothavalasa Panchayat Area, Vizianagaram District offered to sell the same to the plaintiff, who agreed to purchase on the terms and conditions as reduced into writing under an agreement of sale dated 31-7-1991 Ex.A-1, for a consideration of Rs. 9,75,000/-, on the premise that the extent being Ac.4-00 and paid a sum of Rs. 2,45,000/- as advance on the date of execution of the agreement, and agreed to pay the balance of sale consideration within a period of four months. ...
Yannam Satyanarayan Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Jan-23-2006
Reported in: 2006(1)ALD(Cri)605; 2006CriLJ2320
B. Prakash Rao, J.1. This reference coming before us, at the instance of the learned single Judge Sri Justice T. Ch. Surya Rao, involves the question as to whether the investigation as contemplated under Rule 7 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (for brevity 'the Rules') is mandatory.2. The few facts, which are necessary for determination of the aforesaid aspect, are that in the present application tiled under Section 482 of the Code of Criminal Procedure, the petitioner, who is the accused, seeks to quash the proceedings in S.C. No. 21 of 2002 pending on the file of the I Additional Sessions Judge, Rajahmundry, East Godavari. The petitioner is an accused in Crime No. 39 of 2001 registered for the offences punishable under Sections 447, 427, 354, 504, IPC and Section 7(1)(d) of the Protection of Civil Rights Act, 1955. On completion of the investigation, the Investing Officer-Sub-Inspector of Police filed charge-sheet for the said of...
National Insurance Co. Ltd., Rep. by Its Chairman-cum-managing Directo ...
Court: Andhra Pradesh
Decided on: Jan-06-2006
Reported in: I(2007)ACC133; 2007ACJ2578; 2006(1)ALT762
D.S.R. Varma, J.1. Heard both sides.2. The present Appeal Suit is filed by defendant No. 1 in the suit assailing the judgment and decree, dated 28-10-1996, passed by the Principal Subordinate Judge, Ongole, decreeing the suit O.S.No. 87 of 1989 in part; while the cross-objections were filed by the plaintiff seeking to grant interest at 18 per cent per annum from the date of fire accident i.e., 10-10-1986 till the date of realisation on the amount of Rs. 96,48,295/-.3. The suit is filed for realisation of a sum of Rs. 1,49,28,745/- towards compensation for the loss occurred in the godown of the plaintiff due to fire accident.4. The appellant - National Insurance Company Limited, Calcutta, is defendant No. 1, the respondent No. 1 - M/s. Anjaneya Tobacco Company, Tangutur, Prakasam District, is plaintiff and the respondent No. 2 -Union Bank of India, Gandhi Road, Ongole, Prakasam District, is defendant No. 2 in the suit.5. For the sake of convenience, in this judgment, the parties will be...
Ch. Suryanarayana Raju Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Jan-06-2006
Reported in: 2006(2)ALD195; 2006(2)ALT264; [2006]134CompCas79(AP)
ORDERL. Narasimha Reddy, J.1. The petitioners in this batch of writ petitions are the employees of the third respondent-polytechnic college. All of them have been placed under suspension, through separate orders dated 27.10.2005, alleging certain acts of misconduct. Their grievance is that though the period of two months had elapsed by 26.12.2005, they have not been reinstated into service under Sub-section (3) of Section 79 of the A.P. Education Act, 1982 (for short 'the Act'). They place reliance upon a judgment rendered by a Division Bench of this Court in B. Sanjeeva Rao v. Regional Joint Director of School Education, Guntur 2002 (1) ALD 322.2. Sri M. Panduranga Rao, learned Counsel for the petitioners submits that the purport of Sub-section (3) of Section 79 of the Act is very clear, to the effect that once the period of two months elapses, the employers are under obligation to reinstate the suspended employees into service. He pleads that since the enquiry is not concluded within...
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