Andhra Pradesh Court November 2006 Judgments
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Rayudu Apparao and ors. Vs. Rayudu Chantibabu and ors.
Court: Andhra Pradesh
Decided on: Nov-30-2006
Reported in: 2007(4)ALT533
L. Narasimha Reddy, J.1. Appellants are the defendants 1, 4, 6 and 7 in O.S. No. 228 of 1992, on the file of the II Additional Senior Civil Judge, Kakinada. The suit was filed by the 1st respondent, against the appellants and respondents 2 and 3, for the relief of declaration that he is the owner of tractor and trailer bearing Nos. AAP-3494 and AAP-6380, respectively, (for short 'the tractor'), and of recovery of possession of the same, from the appellants. Since it is endorsed that the respondents 2 and 3 are not necessary parties, the 1st respondent shall be referred to as the respondent.2. In his suit, the respondent pleaded that he entered into an agreement of sale (Ex.A-1), with the father of the 1st appellant, by name Rayudu Ganganna on 12.5.1989, for purchase of the tractor, for a consideration of Rs. 85,000/-, and on the same day, a sum of Rs. 30,000/- was paid. It was alleged that the vendor was permitted to retain the possession of the tractor, as a lessee, for a period of tw...
Vardhaman College of Engineering Vs. Convenor, Icet-2006 (Admissions), ...
Court: Andhra Pradesh
Decided on: Nov-30-2006
Reported in: 2007(3)ALD783
ORDERR. Subhash Reddy, J.1. As common questions of fact and law arise for consideration in all these cases, they are heard together and are being disposed of by this common order.2. Petitioners are colleges approved by All-India Council for Technical Education (AICTE) to impart education in Master of Business Administration and Master of Computer Application courses. The competent authority has fixed the intake capacity under the provisions of the All-India Council for Technical Education Act, 1987 ('the Act' for brevity) and consequently State of Andhra Pradesh has issued orders permitting the petitioners to run the said courses. Admissions to M.B.A. and M.C.A. courses are governed by the statutory Rules framed as per G.O. Ms. No. 46 dated 5-7-2003, in exercise of powers under Sections 3 and 15 of the Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983. For the academic year 2006-07, the Convenor ICET-2006 has conducted Integra...
Rayudu Appa Rao and ors. Vs. Rayudu Chantibabu and ors.
Court: Andhra Pradesh
Decided on: Nov-30-2006
Reported in: 2007(3)ALD215
L. Narasimha Reddy, J.1. Appellants are the defendants 1, 4, 6 and 7 in O.S. No. 228 of 1992, on the file of the II Additional Senior Civil Judge, Kakinada. The suit was filed by the 1st respondent, against the appellants and respondents 2 and 3, for the relief of declaration that he is the owner of tractor and trailer bearing Nos.AAP-3494 and AAP-6380, respectively, (for short 'the tractor'), and of recovery of possession of the same, from the appellants. Since it is endorsed that the respondents 2 and 3 are not necessary parties, the 1st respondent shall be referred to as the respondent.2. In his suit, the respondent pleaded that he entered into an agreement of sale (Ex. A-1), with the father of the 1st appellant, by name Rayudu Ganganna on 12-5-1989, for purchase of the tractor, for a consideration of Rs. 85,000/-, and on the same day, a sum of Rs. 30,000/- was paid. It was alleged that the vendor was permitted to retain the possession of the tractor, as a lessee, for a period of tw...
National Insurance Company Ltd. Vs. R. Govinda Raju and ors.
Court: Andhra Pradesh
Decided on: Nov-30-2006
Reported in: 2008ACJ402; 2007(2)ALD749; 2007(2)ALT503
L. Narasimha Reddy, J.1. The National Insurance Company Ltd., filed this Appeal, under Section 173 of the Motor Vehicles Act (for short 'the Act'), assailing the award dated 16-9-2005, passed by the Motor Accidents Claims Tribunal-cum-XVIII Additional Chief Judge, City Civil Court, Hyderabad, in O.P. No. 1724 of 2003.2. On 25-5-2003 the 1 st respondent and his wife Shantharnma were travelling in an Auto bearing No. AP-28-V-22 from Lingampally to Mehdipatnam. When the auto reached the campus of Hyderabad Central University, a lorry bearing No. AAT 1789, owned by the 4th respondent and insured with the appellant, is said to have come in a rash and negligent manner, in the opposite direction; and hit the auto, on the wrong side. Shanthamma received multiple injuries and died on the spot. Crime No. 201 of 2003 was registered by the Chanda Nagar Police Station, under Section 304A of I.P.C. against the Driver of the lorry.3. The respondents 1 to 3 (for short 'the respondents), who are the hu...
P. Padmanabha Rao Vs. Bathini Srinivasa Rao
Court: Andhra Pradesh
Decided on: Nov-29-2006
Reported in: 2007(2)ALD54; I(2008)BC145
ORDERP.S. Narayana, J.1. Heard Mr.J yotheshwar representing Sri Laxma Reddy, the Counsel for petitioner and Sri A. Prabhakar Rao, the Counsel representing respondent.2. Sri Jyotheshwar, the learned Counsel representing the petitioner - defendant would submit that the suit is based on the promissory note but however on a careful reading of the recitals of the promissory note in question, the same may have to be treated as a bond and not as a promissory note and hence, the learned III Additional Senior Civil Judge (FTC), Warangal had totally erred in permitting the respondent - plaintiff to mark the said document in question as Ex.A.1.3. Sri A.Prabhakar Rao, the learned Counsel representing respondent - plaintiff would maintain that the C.R.P. was filed only with a view to delay the disposal of the suit. The learned Counsel also would contend that even otherwise though the payment by way of cheque was written on the promissory note it is not the case of the revision petitioner - defendan...
R. Sai Babu and ors. Vs. Bharat Sanchar Nigam Limited and ors.
Court: Andhra Pradesh
Decided on: Nov-29-2006
Reported in: 2007(1)ALD744; 2007(3)ALT13
Ramesh Ranganathan, J.1. W.P. No. 1657 of 2003 is filed to quash the order of the Central Administrative Tribunal, Hyderabad in O.A. 276 of 2003 dated 17.11.2003. W.P.No. 1135 of 2004 is filed by BSNL aggrieved by the order of the Central Administrative Tribunal, Hyderabad in O.A. No. 276 of 2003 dated 17.11.2003. W.P. No. 3779 of 2004 is filed by BSNL aggrieved by the order of the Central Administrative Tribunal, Hyderabad in O.A. 1354 of 2003 dated 18.11.2003 and W.P. No. 2949 of 2004 is filed by the Union of India, and Bharat Sanchar Nigam Limited (BSNL), aggrieved by the order of the Central Administrative Tribunal, Hyderabad in O.A. 1707 of 2003 dated 31.12.2003.2. The relief sought for by the respondents - applicants, before the Central Administrative Tribunal, Hyderabad in O.A. 276 of 2003 and batch, was to declare Clause (iv) of Paragraph 3, of the letter No. 12-15/2002-DE dated 10.3.2002 issued by BSNL, as arbitrary and illegal, insofar as it denied the benefit of relaxation o...
Abdul Sayeed Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Nov-29-2006
Reported in: 2007CriLJ1890
T. Meena Kumari, J.1. The present appeal is preferred by the appellant' accused aggrieved by the conviction and the sentence imposed by the learned II Additional Metropolitan Sessions Judge, Hyderabad, in Sessions Case No. 307 of 2003 on 14-9-2004 for the offence punishable under Section 302, I. P. C.2. The facts in brief are as follows:One Nafees Begum (for short, the deceased) is no other than the wife of the accused. Their marriage took place about 20 years back and they were residing at Noorishah colony, Bandlaguda along with her children.3-4. While so' on 6-6-2001 the elder son of the deceased came to the house of P. W. 1. who is no other than the brother of the deceased and informed about the death of the deceased due to heart attack. Then, P. W. 1 rushed there and found the deceased lying dead on the floor. On observation, he found nail marks and scar marks over the neck of the deceased. Having suspected the accused, PW 1 lodged a complaint and the same was registered as a case ...
Afzal Bhee Vs. Municipal Commissioner, Suryapet Municipality and ors.
Court: Andhra Pradesh
Decided on: Nov-29-2006
Reported in: 2007(4)ALT199
ORDERP.S. Narayana, J.1. This Court ordered notice before admission on 22-11-2006. Sri Polisetti Radhakrishna, learned standing Counsel had taken notice on behalf of R-1. learned Counsel for the petitioner was permitted to take out urgent notice to R-2, R-3 and R-4. It is stated that R-2, R-3 and R-4 had been served. It is also stated by Sri P.S.P. Suresh Kumar, representing K. Venkata Reddy, learned Counsel that Sri K. Venkata Reddy had entered appearance on behalf of respondents 2, 3 and 4.2. Sri T.P. Acharya, learned Counsel representing the petitioner had taken this Court through the contents of the affidavit filed in support of the writ petition and would submit that in the event of mutation proceedings being left untouched, there is every possibility of clearance for construction permission to respondents 2, 3 and 4 to further proceed with the construction and inasmuch as the petitioner being the absolute owner of the property in question, she will be put to serious loss.3. On th...
Nimmakayala Ganga Rao S/O Venkataratnam Vs. Nimmakayala Venkataratnam ...
Court: Andhra Pradesh
Decided on: Nov-28-2006
Reported in: 2007(3)ALD551; 2007(3)ALT711
P.S. Narayana, J.1. Heard learned Counsel representing the appellants.2. The Second Appeal is filed by the plaintiff in O.S.No. 538 of 1977 on the file of the III Additional District Munsif, Kakinada.3. The suit was filed by the present appellant Nimmakayala Ganga Rao and another Nimmakayala Venkateswarlu for declaration that the plaintiffs are entitled to the remainder interest in items 2 and 3 of the plaint schedule subject to the first defendant's right to enjoy the said property for the duration of his life time towards maintenance and for recovery of item-1 of the plaint A and B schedule property.4. On the strength of the respective pleadings of the parties, the Court of first instance having settled the issues recorded the evidence of P.W-1, D.Ws 1 and 2, marked Exs.A-1 to A-24 and Exs. B-1 to B11 and ultimately dismissed the suit.5. Aggrieved by the same, the first plaintiff carried the matter by way of appeal A.S. No. 70 of 1984 on the file of I Additional Subordinate Judge, Ka...
Dokka Bhushaiah Vs. the State of A.P., Represented by Public Prosecuto ...
Court: Andhra Pradesh
Decided on: Nov-28-2006
Reported in: 2007CriLJ1499
A. Gopal Reddy, J.1. The appellant-accused Dokka Bhushaiah was put to trial for the offence punishable under Section 376 read with Section 511 I.P.C in S.C.No.767 of 1999 by the Additional Assistant Sessions Judge, Tenali. He was found guilty of the offence and sentenced to undergo Rigorous Imprisonment for a period of ten years and to pay a fine of Rs. 1,000/- in default to suffer Simple Imprisonment for a period of three months by the impugned judgment dated 30.8.2000.2. Being aggrieved by the aforesaid conviction and sentence recorded by the Assistant Sessions Judge, the appellant has referred this appeal.3. The prosecution story as unfolded during the course of trial briefly stated as under:4. Dokku Venkateswara Rao (P.W.1) is the father of the victim girl Dokku Krishna Kumari (PW2), aged about 11 years, who filed a complaint before the Police on 10.11.1998 at 10.00 p.m. alleging that on the said date when P.W.2 was alone in the house, the accused residing in the same Village, took...
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