Andhra Pradesh Court October 2006 Judgments
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N. Naga Raju Vs. the High Court of Andhra Pradesh, Represented by Its ...
Court: Andhra Pradesh
Decided on: Oct-24-2006
Reported in: 2007(1)ALD46
ORDERBilal Nazki, J.1. In this Writ Petition, proceedings, dated 15.05.2006, are sought to be quashed, by which, the High Court of Andhra Pradesh has rejected the request of the petitioner for alteration of his date of birth from 12.10.1963 to 12.09.1964. It appears that the petitioner made a representation, which was rejected by the High Court in following terms:Considered the applications together with the enclosures of Sri N. Nagaraju and resolved to reject the request of the officer for alteration of his date of birth.2. Petitioner claims that he was born on 12.09.1964 in Government Hospital, Machilipatnam, Krishna District, to Sri N. Nageswara Rao, and Smt. Veera Raghavamma. He was 7th issue to his parents. The first issue to his parents was a male child, by name, Ravindranath, who was born on 31.07.1952; then, three daughters were born to his parents on 04.11.1953, 01.02.1956 and 25.11.1957, respectively, and another male child, who was born on 20.11.1959. Thereafter, another fem...
Somiseety Balavenkata Subbaiah Sheety (Died) Per L.R. S. Venkateshwaru ...
Court: Andhra Pradesh
Decided on: Oct-24-2006
Reported in: 2007(2)ALT205
ORDERC.Y. Somayajulu, J.1. Revision petitioner, after obtaining a succession certificate, filed an E.P. for recovery of the amount covered by a money decree obtained by his father, seeking arrest of the respondent(judgment debtor) in which the respondent filed a counter contending that as he paid Rs. 26,000/- to the father of the revision petitioner in full satisfaction of the decree on 18-11-1998 and obtained a receipt, the E.P. is not maintainable and in any event since he has no means to pay the decretal amount, he cannot be arrested.2. In support of his case, the revision petitioner besides examining himself as P.W.1, examined the Income-Tax Inspector as P.W.2 and marked Ex.A.1 and Exs.X.1 and X.2. Respondent examined himself as R.W.1 and two other witnesses as R.Ws.2 and 3 and marked Exs.B.1 to B.12. The Executing Court held that the discharge pleaded by the respondent under Ex.B.1 cannot be taken into consideration as it is not a certified payment, and observing that inasmuch as ...
S. Vykuntam and 3 ors. Vs. G. Narayana and 2 ors.
Court: Andhra Pradesh
Decided on: Oct-24-2006
Reported in: 2008ACJ40; 2007(1)ALD508
P.S. Narayana, J.1. Vykuntam, the petitioner in O.P. No. 231/89 on the file of Motor Accidents Claims Tribunal - II Additional District Judge at Karimnagar, challenged the order dated 28-12-1990 being aggrieved of the granting of compensation of Rs. 10,000/- only instead of granting Rs. 40,000/- for injuries sustained by him. The said petitioner - the appellant who preferred this Civil Miscellaneous Appeal under Section 110-D of the Motor Vehicles Act, 1939, died pending appeal and appellants 2 to 4 were brought on record as legal representatives of the deceased - sole appellant in C.M.P. No. 20403/2003 dt.4-11-2003 and thus the said legal representatives are further prosecuting the litigation at present.2. Sri Bheemsen, the learned Counsel representing the appellants would submit that in the facts and circumstances of the case, taking into consideration the nature of injury, the compensation awarded by the Motor Accidents Claims Tribunal - II Additional District Judge, Karimnagar (her...
Penuboyina Raghavulu (Died) by Lrs. Vs. Konakalla Mukteswararao and or ...
Court: Andhra Pradesh
Decided on: Oct-24-2006
Reported in: 2007(1)ALD455; 2007(4)ALT698
L. Narasimha Reddy, J.1. The sole defendant in O.S. No. 243 of 1982 in the Court of District Munsif, Chintalapudi, filed the second appeal. He died during the pendency of the second appeal and his legal representatives were brought on record.2. Respondents 1 to 3 are the sons and respondent No. 4 (sincedied) is the wife of late Konakalla Narayana. They filed the suit against the appellant for the relief of recovery of possession and mesne profits. They pleaded that they are the absolute owners of the land in R.S. No. 101/ 1A of Venkatapuram Village in West Godavari District, admeasuring Ac. 12-24 cents. The appellant is said to be the owner of Ac. 1-00 of land in R.S. No. 101/lB on the East of their land. They allege that Narayana died in the year 1979 and when they were in bereavement, the appellant encroached into Ac.2-00 of land, which is separated from the rest of their land by a Donka (Cart Track). On 7-10-1982, they got issued a notice calling upon the appellant to vacate Ac.2-00...
Gram Panchayat, Rep. by Its Village Secretary Vs. G. Narendra Prasad a ...
Court: Andhra Pradesh
Decided on: Oct-24-2006
Reported in: 2007(2)ALD75; 2007(1)ALT221
ORDERV.V.S. Rao, J.1. The petitioner herein is the sixth defendant in O.S.No. 68 of 2002 on the file of the Court of the Senior Civil Judge, Avanigadda. It is aggrieved by the order dated 27-10-2003 in I.A.No. 275 of 2003 in O.S.No. 68 of 2002 passed by the Court of the Senior Civil Judge, Avanigadda, whereby and whereunder the application made by the petitioner herein under Order XXXIX Rule 3-B of the Code of Civil Procedure, 1908 (CPC), as amended by the Andhra Pradesh High Court, for compensation, was dismissed, inter alia, on the ground that the petitioner herein failed to produce any documentary evidence in proof of the damages suffered by it.2. The petitioner herein is the Gram Panchayat. The first respondent (hereinafter called, the plaintiff) was granted the quarry lease for sand in Reach No. 17 (Srikakulam Reach), which was within the territorial limits of the petitioner-Gram Panchayat. The lease was for a period of two years. The plaintiff filed O.S.No. 68 of 2002 alleging th...
Smt. Villa Naga Lakshmi Vs. Mutta Srinivasa Rao and anr.
Court: Andhra Pradesh
Decided on: Oct-24-2006
Reported in: 2007CriLJ502
ORDERRamesh Ranganathan, J.1. Seeking to have the proceedings in C.C. Nos. 172, 277 and 287 of 2004, on the file of VII Metropolitan Magistrate, Visakhapatnam quashed, the sole accused, in these three criminal cases, has filed Criminal Petition Nos. 4350, 4351 and 4352 of 2004 before this Court. Since the petitioner-accused is the same in all the three cases, and as the question of law which arises for consideration is similar, all the three criminal petitions were heard together and are now being disposed of by a common order.2. The allegations in the complaint, filed in C.C. No. 172 of 2004 under Sections 138 and 142 of Negotiable Instruments Act, is that complainant is the absolute owner of 28 sq. yards of undivided and unspecified share of land, from out of an extent of 400 sq. yards situated in Sy. No. 23/5 part Butchirajupalem, which he purchased under Registered sale deed dated 17-10-2001 and Registered Document No. 3170 of 2001. He entered into an agreement for construction of ...
B. Ramachandra Reddy Vs. Abid Ali and anr.
Court: Andhra Pradesh
Decided on: Oct-24-2006
Reported in: I(2008)BC112; 2007CriLJ641
A. Gopal Reddy, J.1. This appeal by the complainant is directed against the judgment of the 1st Additional District and Sessions Judge, Kurnool in Criminal Appeal No. 10 of 2000 dated 26-4-2000 wherein the appeal filed by 1st respondent-Accused No. 2 was allowed setting aside the conviction and sentence recorded by the Judicial Magistrate of 1st Class, Kurnool in C.C. No. 77 of 1999 dated 30-12-1999 against him for the offence punishable under Section 138 of the Negotiable Instruments Act (for short 'the Act').2. The appellant filed a complaint against the 1st respondent-accused No. 2 and his father (A. 1) for the offence punishable under Section 138 of the Act alleging that he was the owner of the Ambassador Car bearing No. AAQ 1725 and he sold it to A. 1 for Rs. 55,000/- out of which A. 1 paid an amount of Rs. 40,000/- and for the balance amount of Rs. 15,000/- A. 2 who is no other than the son of A. 1 issued a cheque on the account maintained by him. When the cheque was deposited fo...
Oriental Insurance Co. Ltd. Rep. by Its Divisional Manager Vs. Dr. M. ...
Court: Andhra Pradesh
Decided on: Oct-24-2006
Reported in: 2007ACJ2386; 2007(3)ALD68; 2007(1)ALT428
G. Yethirajulu, J.1. This Civil Miscellaneous Appeal has been preferred by the Oriental Insurance Company against the order of the Motor Accidents Claims Tribunal, Anantapur in OP. No. 248 of 1994, dated 4-7-2000.2. The O.P. was filed by the first claimant under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act') claiming compensation on account of injuries received by him and after death of the first claimant, the legal representatives came on record and claimed compensation on account of death of the deceased.3. Before the Tribunal, the second respondent, who is the Insurance Company, took a plea that the petition is bad for nonjoinder of the necessary party i.e., the owner of the vehicle. The second respondent is only subject to the terms and conditions of the insurance policy and when the owner of the vehicle is not a party and when he is not made liable, in the absence of owner of the vehicle the Insurance Company cannot be made liable. The Tribunal observed that it ...
Somisetty Balavenkata Subbaiah Shetty (Died) by Lr Vs. P. Sreenivasulu ...
Court: Andhra Pradesh
Decided on: Oct-24-2006
Reported in: 2007(1)ALD685
ORDERC.Y. Somayajulu, J.1. Revision petitioner, after obtaining a Succession Certificate, filed an E.P. for recovery of the amount covered by a money decree obtained by his father, seeking arrest of the respondent (judgment-debtor) in which the respondent filed a counter contending that as he paid Rs. 26,000/- to the father of the revision petitioner in full satisfaction of the decree on 18-11-1998 and obtained a receipt, the E.P. is not maintainable and in any event since he has no means to pay the decretal amount, he cannot be arrested.2. In support of his case, the revision petitioner besides examining himself as P.W.1, examined the Income-Tax Inspector as P.W.2 and marked Ex.A.1 and Exs.X.1 and X.2. Respondent examined himself as R.W.1 and two other witnesses as R.Ws.2 and 3 and marked Exs.B.1 to B.12. The Executing Court held that the discharge pleaded by the respondent under Ex.B.1 cannot be taken into consideration, as it is not a certified payment, and observing that inasmuch a...
Phool Chand Gupta and anr. Vs. Agricultural Market Committee
Court: Andhra Pradesh
Decided on: Oct-24-2006
Reported in: 2007(2)ALD140; 2007(4)ALT281
G. Yethirajulu, J.1. This second appeal has been preferred by the plaintiffs in O.S. No. 169 of 1981 on the file of the Principal District Munsif at Bobbili and the respondent herein/Agricultural Marketing Committee is the defendant in the suit. The suit was filed for declaration that the Marketing Committee has no right to demand or levy market fee as contemplated under the provisions of the Andhra Pradesh (Agricultural Produce and Live Stock) Market Act, 1966 (for short 'the Act') and for consequential injunction restraining the defendant from enforcing provisions of the Act against the plaintiffs and for the costs of the suit.2. In the plaint, the plaintiffs averred that since the Marketing Committee has not provided any amenities for their trade, the levy of fee is violative of the legal principle of quid pro quo, therefore, they sought the relief as prayed for. The defendant, being Agricultural Marketing Committee, mentioned in the written statement that the plaintiffs conducting ...
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