Andhra Pradesh Court November 2006 Judgments
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Singamala Sankara Nath Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Nov-22-2006
Reported in: 2007CriLJ884
ORDERK.C. Bhanu, J.1. This Criminal Petition is filed under Sections 437 and 439, Cr. P.C. for grant of bail to the petitioner/A. 1 in crime No. 175 of 2006 of III Town police station, Nellore registered for the offences under Sections 420, I.P.C. and 5 of the A.P. Protection of Depositors and Financial Establishments Act, 1999.2. The brief facts that are necessary for disposal of this Criminal Petition may be stated as follows:It is alleged that A. 1 started a company in the name and style of 'Queen Trading Company Private Limited' on 18-3-2006 with the assistance of A.2 to A.5. The accused purported himself as an exporter of beads chains and offered good remunerative work i.e. knitting chains, promising the customers to pay Rs. 50/- per kg. of beads supplied by A. 1. The accused asked the customers to deposit Rs. 2.000/- for every kg. of beads towards caution deposit. It is further alleged that the public deposited money towards caution deposit and took beads/ pearls at their allotte...
K. Nageswara Rao Vs. B. Nagamalleswari and anr.
Court: Andhra Pradesh
Decided on: Nov-22-2006
Reported in: 2007(2)ALD762; [2007(113)FLR745]
ORDERC.Y. Somayajulu, J.1. Appellant who suffered injuries during the course of his employment with the first respondent as driver of the lorry belonging to the first respondent made a claim under Section 4 of the Workmen's Compensation Act, 1923 (the Act), before the Commissioner for Workmen's Compensation seeking compensation of Rs. 2,50,000/- and examined himself and a Doctor on his behalf and marked Exs.A.l to A.4. No evidence either oral or documentary was adduced on behalf of both the respondents. The Commissioner held that the appellant is entitled to a compensation of Rs. 59,237/- from the respondent. Dissatisfied with the compensation awarded to him, appellant preferred this appeal seeking higher compensation.2. The contention of the learned Counsel for appellant is that inasmuch as the appellant suffered permanent disability which incapacitates him from working as lorry driver, the Commissioner was in error in assessing his disability at 25% instead of taking it as 100%, by p...
Kakatiya University Vs. Employees' Provident Fund Organisation and Ors ...
Court: Andhra Pradesh
Decided on: Nov-22-2006
Reported in: 2007(2)ALD354
ORDERG. Rohini, J.1. Kakatiya University, Hanamkonda, Warangal District is the petitioner in these two writ petitions which are filed aggrieved by the proceedings initiated under the provisions of Employees Provident Funds and Miscellaneous Provisions Act, 1952 (for short, 'the Act') for recovery of arrears towards PF contributions in respect of casual workers and daily wage workers including temporary employees working in the University.2. The petitioner University which was established under the Kakatiya University Act, 1991, is governed by the provisions of A.P. Universities Act, 1991. In the affidavit filed in support of the writ petitions, it is stated that to meet the administrative requirements the University has been engaging the service of casual workers and daily wage workers from time to time and the said appointments are purely temporary in nature. As clarified by the Government of A.P., unless the services of the above said employees are regularized in terms of G.O. Ms. No...
Govind Narayan Agarwal Vs. Dr. Gorak Balaramgari Nagender
Court: Andhra Pradesh
Decided on: Nov-22-2006
Reported in: 2007(3)ALD167
ORDERL. Narasimha Reddy, J.1. These two revisions arise under similar factual background. The petitioners are tenants, in respect of different residential premises, owned by the respondent. The eviction of the petitioners was sought by the respondent on the same grounds, namely wilful default and bona fide requirement. The facts are common to both the revisions. Hence, they are disposed of, through a common order.2. The tenancy in favour of the petitioners commenced about 18 years back. The respondent filed R.C. Nos. 144 and 146 of 2001 before the Principal Rent Controller, Secunderabad, against the petitioners under Section 10 of the A.P. Buildings (Lease, Rent and Eviction) Control Act (for short 'the Act'), pleading that the petitioners committed default in payment of rents, and that the premises are needed for occupation by his sons. The particulars of the period, for which the default is said to have been committed, was furnished and it was urged that the sons of the respondent in...
T. Muni Nadham Vs. Karveti Devika Rani
Court: Andhra Pradesh
Decided on: Nov-21-2006
Reported in: 2007(3)ALD327; 2007(2)ALT554
ORDERC.Y. Somayajulu, J.1. Respondent obtained a money decree against the revision petitioner and filed an E.P. seeking arrest of the revision petitioner. By the order under revision the executing Court ordered arrest of the revision petitioner. Questioning the same this revision is preferred.2. The main contention of the learned Counsel for the revision petitioner is that since the order under revision does not state that the revision petitioner, having means to pay the decretal amount, is refusing and neglecting to pay the amount, and placing strong reliance on Aluru Venkata Rao v. Kodali Venkata Sri Krishna : 1994(3)ALT538 , R.V.J. Sastry and Anr. v. Bank of India ALT 1978 (2) 335 (D.B), and Kalidindi Rama Raju v. Vijaya Bank 2002 Suppl. (2) ALD 300 in support of his contention that mere possessing means is not sufficient to order arrest of a judgment debtor, the order under revision is not sustainable because the revision petitioner clearly stated in his evidence that he has to mai...
Borra Gopalaswamy S/O. Venkatasubbaiah Vs. Kontam Seetharavamma W/O. V ...
Court: Andhra Pradesh
Decided on: Nov-21-2006
Reported in: 2007(3)ALD501; 2007(4)ALT37
P.S. Narayana, J.1. Heard Sri Dharma Rao, Counsel representing the appellant.2. The unsuccessful defendant in both the Courts below had preferred the present Second Appeal. The respondent/plaintiff filed the suit O.S. No. 106/83 on the file of Subordinate Judge, Tenali for recovery of an amount of Rs. 10,200/- and the same was decreed. Aggrieved by the same, appeal A.S. No. 90/89 on the file of I Additional District Judge, Guntur was filed wherein the Judgment and decree of the trial Court had been confirmed. As against the same the present Second Appeal is preferred.3. On 24-12-1996 this Court admitted the Second Appeal on the strength of ground Nos. 7 and 8 of the Memorandum of Second Appeal which read as hereunder:Ground No. 7: Whether the Courts below erred in granting 12% interest to the respondent and whether is it opposed to Section 13 of A.P.(A.A.)Agriculturists Relief Act, 1938 ?Ground No. 8: The Courts below ought to have held that the appellant is a small farmer and whether ...
Municipal Corporation of Hyderabad Vs. G. Sarojini and ors.
Court: Andhra Pradesh
Decided on: Nov-21-2006
Reported in: 2007(2)ALD171; 2007(4)ALT655
L. Narasimha Reddy, J.1. Defendant No. 3 in O.S. No. 322 of 1994, on the file of the learned II Additional Rent Controller-cum-XIV Junior Civil Judge, City Civil Court, Hyderabad, preferred this second appeal.2. The first respondent is the wife and the second respondent is the son of one late G. Srisailam. Both of them filed the suit, for the relief of perpetual injunction, against the appellant and Respondents 3 and 4 herein, in respect of an extent of Ac. 0.12 guntas (about 1500 square yards) of land in Survey No. 104 of Gudimalkapur Village, Hyderabad, described in the suit schedule. It was pleaded that the land in Survey No. 104, admeasuring 6.37 guntas, was owned by one Mr. Nawab Mohammed Omer Bin Barkaddoula and after his death, one of his legal heirs, by name Smt. Basheerunnisa Begum, became its absolute owner, by virtue of decree passed in O.S. No.86 of 1339 Fasli. She is said to have executed a sale deed, dated 8-11-1958, transferring the suit land in favour of Srisailam, for ...
Radha Krishna Iron Stores and Krishna and ors. Vs. Srikakolapu Pullama
Court: Andhra Pradesh
Decided on: Nov-21-2006
Reported in: 2007(3)ALD157
ORDERL. Narasimha Reddy, J.1. This revision is one among about a dozen of proceedings, that ensued between the parties, in the matter of eviction from certain premises. Petitioners are the tenants, and the respondent is the landlady. The respondent filed O.S. No. 61 of 1994 in the Court of II Additional Junior Civil Judge, Vijayawada, for eviction, and for damages. The suit was decreed as prayed for. Aggrieved thereby, the petitioners filed A.S. No. 44 of 1996 in the Court of Principal Senior Civil Judge, Vijayawada. The decree for eviction was set aside, and the one, for damages, was upheld with certain modifications.2. In the matter of enforcing the modified decree, several proceedings, be it, in the form of seeking clarification or executing the decree, at various stages, ensured. Ultimately, it emerged that the decree passed by the lower appellate Court was clarified through order dated 3-10-2005 in I.A. No. 989 of 2005. Based on the same, the respondent filed E.P. No. 205 of 2006,...
Ghanta Krishna Das Vs. Ghanta Srihari Rao and ors.
Court: Andhra Pradesh
Decided on: Nov-21-2006
Reported in: 2007(3)ALD125; 2007(4)ALT308
L. Narasimha Reddy, J.1. Defendant in O.S. No. 95 of 1978 on the file of the Subordinate Judge, Chirala, is the appellant. Basically, the dispute is between two brothers.2. The appellant, 1st respondent and one Mr. Madhusudhana Rao are the sons of late Garataiah. Madhusudhana Rao is said to have been given in adoption to the family of one Mr. Bakkaiah. Partition is said to have taken place twice, viz., in the year 1957 and 1964 among the appellant and the 1st respondent, and their father. An extent of two acres of wetland, in D. No. 447 of Karamchedu Village, is with the family, on lease, for 99 years. The leasehold rights, in respect of the land, were allotted to the father, in the partition.3. The 1st respondent filed O.S. No. 356 of 1970 in the Court of District Munsif, Chirala, against the appellant, for the relief of perpetual injunction, in respect of this very property. He pleaded that their father conveyed the said property to him through an agreement dated 2-9-1959, and that e...
Ashok Kumar and ors. Vs. Gangadhar and anr.
Court: Andhra Pradesh
Decided on: Nov-21-2006
Reported in: 2007(2)ALD313; 2007(3)ALT561
G. Yethirajulu, J.1. S.A. No. 477 of 1999 is preferred by the defendants in O.S. No. 115 of 1984 on the file of the Junior Civil Judge, Bhainsa. The plaintiff filed the suit seeking declaration of title and recovery of possession of the suit land to an extent of Ac.6-00 in Sy. No. 62 more fully described in the plaint schedule and for mesne profits.2. S.A. No. 478 of 1999 is preferred by the defendants in O.S. No. 119 of 1984 on the file of the Junior Civil Judge, Bhainsa. The suit was filed by the plaintiff in the said suit for declaration of title and possession of the suit land to an extent of Ac 4-29 guntas in Sy. No. 62/A with mesne profits.3. The trial was conducted and both parties adduced both oral and documentary evidence in both the suits. As the defendants are common in both the suits, they were clubbed and a common judgment was delivered by the trial Court decreeing both the suits as prayed for without costs. The defendants, being aggrieved by the common judgment of the tri...
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