Andhra Pradesh Court December 2006 Judgments
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Ravelli Yellaiah Vs. P.S. Toopran and anr.
Court: Andhra Pradesh
Decided on: Dec-28-2006
Reported in: 2006CriLJ1572
Bilal Nazki, J.1. This is an appeal against the judgment of the learned Principal Sessions Judge, Medak at Sangareddy in Sessions Case No. 473 of 2001. The appellant has been convicted for the offence under Section 302 of IPC and sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs. 5,000/-, and in default of payment of fine, he has to undergo simple imprisonment for a period of six months.2. The allegations on the basis of which charge was framed against the accused/ appellant was that he had committed murder of his wife by pouring kerosene over her and setting her on fire. Charge was framed under Section 302 of IPC, to which the appellant pleaded not guilty and claimed to be tried. Prosecution examined 12 witnesses and exhibited 9 documents.3. PW-1 is the father of the deceased. He stated that he gave his daughter in marriage to the accused. 1 tula of gold and 30 tulas of silver, one wrist watch, one fan, one Almirah and some utensils were given in dowry. ...
Thanneru Venkataiah (Died) and ors. Vs. Vadlamudi Kasaiah and ors.
Court: Andhra Pradesh
Decided on: Dec-28-2006
Reported in: 2007(3)ALD535; 2007(4)ALT14
L. Narasimha Reddy, J.1. The respondents 1 to 7 filed I.P. No. 6 of 1990, in the Court of Subordinate Judge, Markapur, to declare one Sri Thanneeru Musalaiah, the respondent No. 24 herein, as insolvent. They have also impleaded three others, by name T. Venkataiah, T. Narayanamma and T. Guramma, inasmuch as the respondent No. 24 transferred certain items of property in their favour. It was pleaded in the IP that respondent No. 24 had contracted debts with the petitioners in the I.P., but failed to discharge the same. According to them, the transfers were made, only to screen the debts.2. The matter was contested by all the respondents in the IP. The appellants herein are the legal representatives of respondents 2 and 3 in the IP. On their behalf, an Advocate was engaged, and he reported no instructions. The trial Court decreed the IP, through its order dated 25-3-1995. Aggrieved thereby, the appellants filed A.S. No. 112 of 1995, in the Court of II Additional District Judge, Ongole. The...
Peddavandla Narayanamma Vs. Peddasani Venkata Reddy and ors.
Court: Andhra Pradesh
Decided on: Dec-28-2006
Reported in: 2007(2)ALD817; 2007(4)ALT260
L. Narasimha Reddy, J.1. The appellant filed O.S. No. 27 of 1986, in the Court of Principal District Munsif, Madanapalle, against the respondents, for the relief of declaration of title to the suit property, a house constructed over an area of 125 sq. yards, at Madanapalle, Chittoor District, for recovery of possession thereof, and for mesne profits. She pleaded that her paternal aunt, by name Akkayamma, purchased a plot of 2/2 cents and constructed a house thereon, with the assistance of her (appellant) father. It was alleged that the 1st respondent is also related to Akkayamma from her husband side, and since he was employed as teacher in a village, nearby Madanapalle, she permitted her to stay in a part of the said house. A portion of the house is said to have been rented to the 2nd respondent.2. According to the appellant, Akkayamma executed a Will, dated 11.9.1981, bequeathing the suit house to her, and the landed and other property in the village, to the 1st respondent and his br...
L. Vara Lakshmi Vs. R.V. Lakshmi Reddy and anr.
Court: Andhra Pradesh
Decided on: Dec-27-2006
Reported in: 2007(3)ALD231; 2007(2)ALT199
ORDERL. Narasimha Reddy, J.1. These two revisions are between the same parties. Hence, they are disposed of through a common order.2. The 1st respondent filed O.S.No.282 of 2004 in the Court of Junior Civil Judge, Dhone, against the 2nd respondent for the relief of perpetual injunction, in respect of the suit schedule property. He also filed I.A.No.702 of 2004, under Order 39 Rule 2(2) of C.P.C. Initially, the trial Court granted ad interim temporary injunction, and thereafter the I.A., was dismissed. Aggrieved thereby, the 1st respondent filed C.M.A.No.18 of 2004, in the Court of I Additional District Judge, Kurnool, and it was allowed on 29-10-2004.3. The 1st respondent filed I.A.No.634 of 2006, in the suit, under Section 151 C.P.C, alleging that the petitioner herein, who is not a party to the suit, but the sister of the 2nd espondent; is trying to interfere with his possession over the suit schedule property. The trial Court allowed the I.A., through order dated 20-07-2006.4. On co...
Kotta Narayana Murthy Vs. Sub-registrar and anr.
Court: Andhra Pradesh
Decided on: Dec-26-2006
Reported in: 2007(3)ALD33; 2007(4)ALT639
C.V. Nagarjuna Reddy, J.1. This appeal is directed against order dated 26-10-2006 passed by the learned Single Judge, whereby he summarily dismissed the writ petition filed by the appellant for quashing order dated 28-09-2004 passed by District Registrar-cum-Collector, Kakinada under Article 49-A (b) of the Indian Stamp Act, 1899 (for short, 'the Act').2. The case of the appellant as reflected from the averments contained in the affidavit filed in support of the writ petition is that he along with his elder son's wife, her three daughters and his second son constituted a Hindu Joint Family. After the death of the appellant's father, who is said to have died intestate, the appellant and others submitted a partition deed before Sub-Registrar, Jaggampeta, East Godavari District on 07-02-2004 for registration. The latter determined the stamp duty at Rs. 57,030/-which was duly paid. After about three months, the 2nd respondent issued notice dated 15-05-2004 to the appellant indicating there...
T. Venkata Narayana Vs. Girijan Cooperative Corporation Limited, Rep., ...
Court: Andhra Pradesh
Decided on: Dec-22-2006
Reported in: 2007(2)ALD772
ORDERRamesh Ranganathan, J.1. Seeking to have the proceedings, in Rc. No. 5429/97. Admn. dated 10.9.1998, issued by the 1st respondent and the consequential notice, in Rc. No. B/176/97 dated 9.1.1999, issued by the 4th respondent quashed, the present writ petition is filed.2. In his proceedings dated 10.9.1998, the Vice-Chairman and Managing Director of the Respondent-Corporation, dismissed the petitioner from service treating the period of his suspension as 'dies non' and further directed that he shall make good the loss caused to the respondent-corporation of Rs. 54,034-10 with interest. Thereafter, the Senior Manager, Yellandu, (4th respondent), issued notice dated 9.1.1999 directing the petitioner to remit Rs. 54,034-10 with 18% interest per annum within 15 days from the date of receipt of the notice. The petitioner was informed that, in case he failed to do so, necessary legal action for recovery would be initiated against him.3. Facts, in brief, are that the petitioner, a Junior ...
E. Ram Reddy S/O Late Ganga Reddy Vs. the District Collector and ors.
Court: Andhra Pradesh
Decided on: Dec-22-2006
Reported in: 2007(2)ALD428
ORDERGoda Raghuram, J.1. Heard the petitioner in person and the learned Government Pleader for Land Acquisition on behalf of the respondents.2. This case illustrates yet again the disregard of the legislative mandate [of the provisions of the Land Acquisition Act 1894 ('the Act')], by the executive branch of the State. The petitioner assails the acquisition process including the Draft Notification Under Section 4(1), (dispensing with the salutary process of inquiry Under Section 5A of the Act by irrational and unwarranted invocation of urgency Under Section 17) and the wholly inexplicable failure of the State to tender and pay 80% of the estimated compensation amount.3. As the substantive facts are admitted this court prefers to record the flow of events from the counter affidavit filed by the 1st respondent - the District Collector, Nizamabad:A) On the instructions of the State Government the Nodal Officer, the M.R.O. and the M.D.O. of Balkonda Mandal, Nizamabad District conducted 'Pr...
Kona Venkata Siva Surya Chandra Sekhar and anr. Vs. Bonda Venkunaidu a ...
Court: Andhra Pradesh
Decided on: Dec-22-2006
Reported in: 2007(3)ALD108; 2007(2)ALT469
ORDERB. Prakash Rao, J.1. Heard both the sides and at their request, the Revision itself is taken up for disposal at the admission stage.2. The petitioners herein, who are the plaintiffs in the Court below, seek to assail the Order 10-7-2006 in I.A. No. 434 of 2005 in O.S.No.78 of 2004 on the file of the Principal Senior Civil Judge, Anakapalle allowing the application purported to have been filed under Order 1 Rule 10 of the Code of Civil Procedure seeking to implead the respondent 1 to 6 herein as defendants 4 to 9 in the main suit.3. It has been pointed out on behalf of the petitioners to the effect that the main suit is filed for specific performance of an agreement of sale in respect of an immovable property and the proposed parties are in no way connected to the suit agreement and they are third parties thereto, hence they cannot be added as defendants in the main suit.4. Considering the submission made on either side and on perusal of the material available on record, it is seen...
P. Prabhakara Rao Vs. P. Krishna
Court: Andhra Pradesh
Decided on: Dec-22-2006
Reported in: AIR2007AP163; 2007(2)ALD655; 2007(4)ALT569
L. Narasimha Reddy, J.1. These second appeals are in between the same parties and in respect of the same property. They arise out of two suits, which were clubbed and disposed of together.2. The appellant is the owner of Plot No. 38, Municipal No. 10-3-32/9/35, East-Marredpally, Secunderabad; admeasuring 388.8 Sq.yards. He is the original allottee of the said plot by a Co-operative Housing Society, and purchased the same through the sale deed, dated 26-10-1977. The appellant was an employee of Geological Survey of India (GSI), and he mortgaged the plot on 28-4-1984 to the President of India, to obtain loan for construction of house. The respondent is related to the appellant. According to the appellant, a portion of the house was given, on rent, to the respondent, and the rent was paid regularly, till January 1996, and thereafter, the latter committed default. Appellant got issued a notice, dated 10-3-1997, requiring the respondent to vacate the premises.3. A reply dated 23-3-1997 was ...
S. Jayamma and ors. Vs. Oriental Insurance Company Limited and ors.
Court: Andhra Pradesh
Decided on: Dec-22-2006
Reported in: 2008ACJ376; 2007(3)ALD202; 2007(4)ALT112
ORDERG. Yethirajulu, J.1. This civil miscellaneous petition has been filed by the claimants under Order 9 Rule 9 of C.P.C. to set aside the judgment passed by this Court in CMA No. 135 of 2000, dated 8-9-2003.2. Heard the learned Counsel for the petitioners/claimants and the learned Standing Counsel appearing on behalf of the Insurance Company.3. CMA No. 135 of 2000 was allowed by this Court on 8-9-2003, which reads as under:This appeal is preferred by the Oriental Insurance Company Limited, Hyderabad, against the order of the Motor Accident Claims Tribunal, Nalgonda, in O.P. No. 759 of 1991.The deceased by name Sailoo died in a motorcycle accident by, falling from the motorcycle, while travelling as a pillion rider, on 11-10-1990. His wife, minor son and parents made an application under Section 166 of the Motor Vehicles Act, claiming compensation of Rs. 1,50,000/-. The Tribunal awarded Rs. 1,50,000/- as prayed, making the owner and the Insurance Company liable to pay the compensation...
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