Andhra Pradesh Court October 2006 Judgments

Sri Kodandaramaswamy, Represented by Its Heriditary Managing Trustee, ...

Court: Andhra Pradesh

Reported in: 2007(2)ALD492

ORDERG. Rohini, J.1. This writ petition is filed by Sri Kodandaramaswamy Vari Temple, Buchireddipalem, Nellore district, represented by its hereditary Managing Trustee seeking a writ of certiorari to call for the records relating to the order dated 24.12.1976 passed by the Special Deputy Tahsildar (Inams), Kavali, under Section 3(3) of the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 as confirmed by the Revenue Divisional Officer, Kavali and the Commissioner of Survey, Settlements & Land Records, A.P., by orders dated 2.12.1978 and 5.6.1995 respectively, and to quash the same being arbitrary and illegal.2. The facts, in brief, are as under:After the commencement of the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 (for short 'the Act'), the Special Deputy Tahsildar (Inams), Kavali, initiated proceedings under Section 3 of the Act,in respect of Kavetipalem village in Kovur Taluk of Nellore District comprisi...

P. Jagdeshwar Vs. P. Laxmi Bai and ors.

Court: Andhra Pradesh

Reported in: 2007(1)ALD41

ORDERL. Narasimha Reddy, J.1. The plaintiff in O.S. No. 7 of 2005 in the Court of I Additional Chief Judge, City Civil Court, Secunderabad, filed this civil revision petition, feeling aggrieved by the order, dated 4.8.2006, passed by the trial Court in IA. No. 130 of 2006, permitting amendment to the written statement, filed by the first respondent herein.2. Petitioner and Respondent Nos. 2 to 7 are the children of the first respondent and late P. Veeresham. During his life time, Veeresham was allotted a house plot at Prakash Nagar in his capacity, as an employee of Indian Air Lines. He died in February 1987, while in service. The petitioner filed the suit for partition of house bearing No. 1-8-450/B-46, Indian Airlines Employees Housing Colony, Secunderabad. The suit was initially filed against the mother and brothers of the petitioners, Respondent Nos. 1 to 3 herein. Subsequently, his sisters, Respondent Nos.4 to 7 were impleaded. He pleaded that the suit schedule property was acquir...

Chetan Medical Services Pvt. Ltd. Vs. Jettiboyina Venkata Ramana

Court: Andhra Pradesh

Reported in: 2007(1)ALD197

L. Narasimha Reddy, J.1. The defendant in O.S. No. 123 of 2002 on the file of the II Additional Senior Civil Judge, Vijayawada filed this second appeal.2. The respondent filed the suit for eviction of the appellant from the suit schedule premises and for recovery of arrears of rent from May to October 2001. Damages were also claimed at the rate of Rs. 6,000/- per month till the date of vacation from the premises.3. The respondent pleaded that the appellant is lessee and that the conditions of lease are contained in lease agreement, dated 24.2.2001. According to him, the appellant committed default in payment of rents and though a notice, dated 8.12.2001, was issued under Section 106 of the Transfer of Property Act, the appellant had neither paid the rent nor vacated the suit schedule premises.4. The appellant filed written statement admitting the existence of relationship of lessor and lessee. However, he pleaded that the rent for the premises was only Rs. 2,000/- per month and that th...

Maddineni Koteswara Rao Vs. Maddineni Bhaskara Rao and anr.

Court: Andhra Pradesh

Reported in: 2007(1)ALD807; 2007(2)ALT201

ORDERL. Narasimha Reddy, J.1. The petitioner and respondents 1 and 2 are brothers. Against his father and two brothers, the petitioner filed O.S. No. 197 of 1978 in the Court of Principal Senior Civil Judge, Vijayawada, for partition of suit schedule property. A preliminary decree was passed on 1-10-1986, directing that the suit schedule property shall be divided into four equal shares and each one of the parties shall be allotted one share. A.S. No. 2879 of 1986, filed against the preliminary decree before this Court, was dismissed, and L.P.A. No. 154 of 1997 was also rejected.2. After the preliminary decree became final, the petitioner filed I.A. No. 1161 of 1998, with a request to pass final decree. An Advocate and an Engineer were appointed by the trial Court as Commissioner, to undertake division of the suit schedule property into four equal shares. The father of the parties herein, by name Veera Raghavaiah, died on 17-1-1985, even when the suit was pending. The first respondent c...

Akkiraju Saraswathi and anr. Vs. Mohd. Jahangir Pasha and ors.

Court: Andhra Pradesh

Reported in: 2007(2)ALD114; 2007(4)ALT554

L. Narasimha Reddy, J.1. Defendants 8 and 9 preferred this second appeal, against the judgment and decree, dated 29-8-2005, passed by the learned I Additional Chief Judge, City Civil Court, Secunderabad, in A.S. No. 110 of 2000. That appeal was filed against the judgment and decree, dated 11-9-2000, passed by the learned XVIII Junior Civil Judge, City Civil Court, Secunderabad, in. O.S. No.545 of 1991. Defendant No. 9 is the legal representative of Defendant No. 7. The suit was filed by the first respondent herein.2. For the sake of convenience, the parties are referred to as arrayed in the suit.3. An extent of about Ac. 16.00 of land in Survey Nos. 61 and 62 of Trimulgherry Village, Secunderabad Cantonment, was jointly purchased by Mohd. Sharifuddin, father of the plaintiff, J. Narisimulu Mudiraj and Mohd. Karimullah, through a sale deed, dated 5-5-1958. The land was divided into plots and plot Nos. 111/A and 134/A were sold in favour of the 4th defendant, through a sale deed, dated 1...

P. Venkateswarlu Vs. Bharat Heavy Electricals Limited

Court: Andhra Pradesh

Reported in: 2007(2)ALD754

ORDERS. Ananda Reddy, J.1. By this application under Sections 11(4) and (5) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to 'the Act'), the applicant seeks appointment of an Arbitrator for adjudication of the disputes between the parties.2. It is stated that the respondent is a Government Company incorporated under the provisions of the Companies Act, 1956. The said Company had established one of its Unit at Ramachandrapuram in Medak District, which is at the outskirts of the City of Hyderabad. The company has also developed a township at Ramachandrapuram, but, however for want of marketing and other facilities for entertainment, sports etc., it has leased out an extent of 2 acres of land to the applicant for construction and running of a cinema theatre, a restaurant etc. The said extent of 2 acres is situated abutting the National Highway and adjacent to the residential quarters of the employees of the Respondent Company at Ramachandrapuram. Since the applicant ...

Prakash Arts Rep. by H.V. Surendranath Vs. Municipal Corporation of Hy ...

Court: Andhra Pradesh

Reported in: 2007(3)ALT536

ORDERP.S. Narayana, J.1. W.V.M.P. No. 1165/2006 and W.V.M.P. No. 1589 of 2006 are filed by respondents 1 and 2 and respondent No. 3 respectively in the Writ Petition to vacate the interim order granted by this Court on 6-6-2006 in W.P.M.P. No. 13221/2006.2. On 6-6-2006, notice before admission was ordered by this Court while granting interim order for a limited period. Subsequent thereto on 22-6-2006 rule nisi was issued and the interim order was extended until further orders.3. At the request of the Counsel representing the parties in the Writ Petition, the Writ Petition itself is being finally disposed of.4. The writ petitioner-M/s. Prakash Arts, prayed for issuance of a writ of mandamus declaring the action of respondents 1 and 2 in allowing respondent No. 3 to raise Uni-Pole in grave yards at (i) Taqia Amanullah Shah grave yard, (ii) Boat Club, Secunderabad, grave yard of Muthawalli Mr. Shaik Ali, (iii) Dargah/Masjid premises adjacent Tank Bund, behind the house of Prakash Arts, wi...

Vinod Sanghi @ V.K. Sanghi Vs. South Central Railway

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Mrs. M. Shreesha, Member: 1. Aggrieved by the order in C.D. No. 846 of 2004 on the file of District Forum-II, Hyderabad complainant preferred this appeal. The brief facts set out in the complaint are that the complainant is a senior citizen of 68 years and travelled with his wife to Guwahati from Secunderabad in opposite partys Super Fast Express on 11.1.2004. This train was a newly introduced train and takes approximately two days to reach the destination, but the said train was not provided with Pantry Car nor was maintained properly. The complainant found many deficiencies in maintenance of the compartment like water, light, fans and toilets which he brought to the notice of the officials. There was no book available with opposite party officials to record a complaint. Therefore, the complainant recorded a complaint and handed it over to the opposite party officials who in turn endorsed but nothing happened and the complainant did not receive any explanation or letter of acknowledge...

Yanala Malleshwari and ors. Vs. Ananthula Sayamma and ors.

Court: Andhra Pradesh

Reported in: 2006(6)ALT523; 2007(1)CTC97; AIR2007AP57; 2007(2)AIRKarR382(FB)

V.V.S. Rao, J.PART - IINTRODUCTION:1. Almost a century old Registration Act, 1908, which came into force on 01.01.1909, after about fifteen amendments, has now thrown up sea-saw situation played by human ingenuity. These cases have thrown up a couple of interesting questions of law having far reaching consequences. Whether a person can nullify the sale by executing and registering a cancellation deed? Whether a registering officer, like District Registrar and/or Sub Registrar appointed by the State Government, is bound to refuse registration when a cancellation deed is presented? When cancellation deed is registered how the grievance, if any, is to be redressed in law? These and other incidental questions are required to be answered by this Full Bench.BACKGROUND FACTS:2. At the outset, brief reference may be made to the pleadings, in these petitions. W.P. No. 23005 of 2004 is filed by the petitioner seeking a writ of Mandamus declaring the action of the third respondent (hereafter call...

Devi Travels Pvt. Ltd. Rep. by Its Director Vs. Inter Globe Air Transp ...

Court: Andhra Pradesh

Reported in: [2007]138CompCas172(AP)

Bilal Nazki, J.1. This is an appeal filed against the order passed by the learned Company Judge in Company Petition No. 73 of 1999, on 26-04-2001.2. For the sake of convenience, the parties shall be hereinafter referred to as arrayed in the Company Petition.3. The Company Petition was filed by the petitioner, the first respondent herein, claiming that the respondent-Company i.e., appellant herein was indebted to the petitioner to the tune of Rs. 14,47,369/-. The Company Petition was allowed and the respondent--Company was directed to be wound up under the provisions of the Companies Act.4. 'A statutory notice as required under Section 434 of the Companies Act was issued on 08-12-1998. However, the said notice was returned unserved.' This is the observation of the learned Company Judge in his order dated 26-04-2001.5. So admittedly, no notice had been served in terms of Section 434 of the Companies Act, when the Company Petition was filed.After the Company Petition was filed, Notice bef...