Andhra Pradesh Court October 2006 Judgments
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Bhooma Laxmamma Vs. State Election Commissioner and ors.
Court: Andhra Pradesh
Decided on: Oct-11-2006
Reported in: 2007(1)ALT380
ORDERG.S. Singhvi, C.J.1. This appeal is directed against order dated 4-9-2006 passed by the learned Single Judge whereby he declined to entertain the writ petition filed by the appellant questioning the election of respondent No. 4 as Sarpanch of the Daddavada Gram Panchayat, Komarole Mandal, Pakasam District.2. The main ground on which the appellant questioned the election of respondent No. 4 was that the Stage-ll Election Officer-cum Returning Officer, Daddavada Gram Panchayat (respondent No. 3) had accepted the application made by his agent for recount of the votes but without undertaking the recount, he declared the result of election.3. In the counter filed by respondent No. 3 it was categorically averred that till the declaration of result of election, no one filed any application for recount of the votes.4. On a consideration of the pleadings of the parties, the learned Single Judge refused to entertain the prayer made by the appellant on the ground that he has an effective alt...
Y. Satti Reddy Vs. A.P.S.R.T.C. Rep. by Its Managing Director
Court: Andhra Pradesh
Decided on: Oct-10-2006
Reported in: 2006ACJ1245; 2006(6)ALT188
G. Chandraiah, J.1. Heard both the counsel.2. Not being satisfied with the compensation granted by the court of Motor Vehicles Accidents Claims Tribunal, Rangareddy in O.P. No. 1306 of 1996 dated 5-10-1999 the claimant filed the appeal.3. The case of the claimant in brief is that on 23-12-1996 when the claimant who was working as a driver and earning an amount of Rs. 2,000/- per month, was proceeding from Uppariguda to Hyderabad on his scooter No. AHO-1221 and on reachingUpparigudamet a bus bearing No. AP-92/1802 came from opposite direction in a rash and negligent manner and hit the scooter and as a result the claimant fell down and sustained fracture injury to right thigh and crush injuries to right leg fingers and right shoulder and injuries all over the body. A case in Crime No309/1996 was registered against the driver of the bus by the Vanasthalipuram Police Station under Sections 337 and 338 of I.P.C. Because of the accident the claimant became permanently disabled and therefore ...
E.H.N. Reddy Vs. Vice-chairman and Managing Director, Apsrtc and ors.
Court: Andhra Pradesh
Decided on: Oct-10-2006
Reported in: 2006(6)ALD682
ORDERC.V. Nagarjuna Reddy, J.1. The petitioner, who is a conductor in A.P. State Road Transport Corporation, was subjected to a check at Kavali while he was conducting the bus bearing No. AEZ-4567 on 29.10.1986 on Hyderabad to Nellore route. Consequent upon the same, a charge memo was issued to him on 3.11.1986 by the 4th respondent. Not being satisfied with the explanation offered by the petitioner, the 4th respondent ordered for a domestic enquiry. The Enquiry Officer, after holding enquiry, found the only charge framed against the petitioner proved. The petitioner was called upon to submit his explanation to the enquiry report. The 4th respondent, who is the disciplinary authority, after considering the explanation of the petitioner, through his proceedings No. 02/104(40)86-NLR dated 17.3.1987, while agreeing with the findings of the Enquiry Officer, removed the petitioner from service with immediate effect and it was also directed that the petitioner's suspension period shall be tr...
Vijaya Saradhi Vajja Vs. Devi Sriropa Madapati and anr.
Court: Andhra Pradesh
Decided on: Oct-10-2006
Reported in: 2007CriLJ636
ORDERA. Gopal Reddy, J.1. By means of filing this petition under Section 482 Cr.P.C. petitioner seeks to quash the proceedings in Cr. No. 410 of 2004 of Banjara Hills Police Station, Hyderabad initiated against him for the offence under Sections 498A and 506 IPC.2. Factual matrix leading to filing this petition briefly stated as under:The complainant lodged a compliant alleging that her marriage was performed with the petitioner-A1 on 16-08-1995 and they lived happily in USA for 81/2 years and had a son-Raviteja on 06-04-2000; petitioner developed illegal contact with Anju Kapoor for the last 3 years and tortured her both mentally and physically since then. He threatened for her life and targeted her son in his vicious threats and blackmailed her in every aspect and coerced to sign a custody decree and also a divorce, which he has later used to get married to Anju Kapoor. He also threatened that if she did not sign the papers, he would drag her to the US courts, which is a very expensi...
Narayanam Venkata Chalamaji Vs. Bairundan Amarsingh
Court: Andhra Pradesh
Decided on: Oct-10-2006
Reported in: 2007(1)ALD323; 2007(1)ALT199
ORDERV. Eswaraiah, J.1. All these three civil revision petitions have been filed under Section 22 of Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act (hereinafter referred to as 'the Act') by the same landlord namely Narayanam Venkata Chalamaji (hereinafter referred to as 'the landlord') against his three tenants. The Rent Control Cases filed by the landlord in R.C.C. Nos. 34, 35 and 36 of 1996 on the file of the Principal Junior Civil Judge-cum-Rent Controller, Vizianagaram on same and similar grounds, seeking eviction of different tenants in occupation of three mulgies of the building bearing No. 8-1-46, M.G. Road, Vizianagaram under Sections 10(2)(i), 10(3)(c), 10(2)(v), 10(3)(a)(iii)(b) of the Act for the wilful default, the tenants secured alternative accommodation and bona fide requirement of the landlord to commence the business were allowed by separate orders dated 27-7-2000 only on the ground of bona fide requirement of the landlord for his personal use and occu...
K. Pratap Reddy and ors. Vs. Dr. P.V.S. Ramababu and anr.
Court: Andhra Pradesh
Decided on: Oct-10-2006
Reported in: 2007(1)ALD380; 2007(3)ALT9
L. Narasimha Reddy, J.1. One Mr. K, Tirupati Reddy, son of appellants 1 and 2 and brother of appellant No. 3, was said to have been employed in Manikchand Gutka Company, on a monthly salary of Rs. 2,000/-. On 9-5-1995, a Scooter bearing No. AP-28A-3852, owned by the first respondent and insured with the second respondent, hit him, while he was proceeding on a bicycle, wherein he sustained grievous injuries and died while undergoing treatment. The appellants filed O.P. No. 797 of 1995 before the Motor Accident Claims Tribunal-cum-District Judge, Ranga Reddy District, claiming a sum of Rs. 1,20,000/- as compensation. It was pleaded that the deceased was aged 23 years and that the accident occurred, on account of the rash and negligent driving on the part of the driver of the Scooter.2. The first respondent denied his liability to pay the compensation, on the ground that the vehicle was insured with the second respondent-Insurance Company. The latter filed a counter-affidavit, disputing t...
Sivareddy Subba Rao and ors. Vs. Sivareddy Ganemma
Court: Andhra Pradesh
Decided on: Oct-10-2006
Reported in: 2007(1)ALD803
P.S. Narayana, J.1. Heard Sri M.N. Narasimha Reddy, the learned Counsel representing appellants and Sri K. Sarvabhouma Rao, the learned Counsel representing respondent.2. This Court on 9-8-1996 made the following order:In view of the substantial questions of law raised in ground No. 5, the second appeal is admitted.3. The substantial questions of law raised in ground No. 5 are as hereunder:(1) Whether the suit is barred under Section 47 of C.P.C. in view of the earlier compromise decree in O.S. No. 469/48?(2) Whether the defendants have not perfected their title by adverse possession, in view of the fact that the plaintiff failed to execute the decree in O.S. No. 469/48 within 12 years and obtained possession of the suit property?4. Sri M.N. Narasimha Reddy, the learned Counsel representing the appellants would maintain that the remedy if any available to the respondent is only to put the compromise decree into execution and a separate suit for partition of this nature cannot be mainta...
United India Insurance Co. Ltd. Vs. Kalali Raju and ors.
Court: Andhra Pradesh
Decided on: Oct-10-2006
Reported in: 2007(2)ALD814
L. Narasimha Reddy, J.1. One Sri K. Rajam, resident of Dubbagudem Village, was walking on the left side of the main road in the village, on 11-7-1995, at 7.30 p.m. An auto-rikshaw bearing No. AP 13T 6186, owned by the 9th respondent and insured with the appellant, came from his backside in a rash and negligent manner and dashed him. He sustained grievous injuries and became unconscious and was shifted to Government Hospital, at Mancherial. Crime No. 93 of 1995 was registered by P.S. Kasipet. While undergoing treatment at the hospital, Rajam died, on the same day. His wife, the 1st respondent, and children, respondents 2 to 8, filed O.P. No. 346 of 1997 before the Motor Accident Claims Tribunal-cum-Additional District Judge, Adilabad, claiming a sum of Rs. 2,50,000/-, as compensation. They pleaded that the deceased was aged about 45 years at the time of accident and that he was a vegetable vendor.2. The claim was resisted, mainly by the appellant herein. It filed a counter-affidavit dis...
Akula Pattaiah and ors. Vs. Harkala Mallaiah and ors.
Court: Andhra Pradesh
Decided on: Oct-10-2006
Reported in: 2007(2)ALD20
ORDERC.Y. Somayajulu, J.1. 1st respondent filed a petition before the Additional Revenue Divisional Officer (LR), Bhongir for issuance of certificate under Section 38-E of A.P. (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (for short 'the Act') in respect of certain lands, alleging that he purchased the said lands from the Pattadar and so he is entitled to the certificate sought. Father of revision petitioners 1 to 3 opposed the application contending that he, in fact, is the protected tenant in respect of the said lands. The Additional Revenue Divisional Officer (LR) Bhongir, allowed the petition and granted certificate in favour of 1st respondent-Mallaiah. Questioning the said order, the father of the revision petitioners 1 to 3 preferred an appeal to the Joint Collector, who dismissed the same vide order dated 14.5.1985. Aggrieved thereby, a revision was preferred to this Court in CRP No. 2201 of 1986 and the same was allowed on 27-7-1989 with a direction to the Addition...
Malladi Ravishankar Vs. Anadaraju Chits Pvt. Ltd. and ors.
Court: Andhra Pradesh
Decided on: Oct-10-2006
Reported in: 2007(3)ALD229; 2007(3)ALT595
ORDERC.Y. Somayajulu, J.1. First respondent obtained a money decree against the revision petitioner and respondents 2 to 4 and filed E.P., for attachment of the salary of the revision petitioner. Revision petitioner filed his counter contending that he filed a petition to set aside the ex parte decree with a petition to condone delay, and so the E.P. has to be stayed until orders are passed in the petition filed by him under Section 5 of the Limitation Act, 1963. Rejecting the contention of the revision petitioner the executing Court posted the E.P. for further steps. Hence this revision.2. The contention of the learned Counsel for the revision petitioner that in view of Rule 26 of Order 21 CPC revision petitioner is entitled to seek stay of execution proceedings till he obtains orders in the petition filed under Rule 13 of Order 9 CPC. Rule 26 of Order 21 CPC relates to the power of the Court to which the decree has been sent for execution, staying the execution for a reasonable time ...
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