Andhra Pradesh Court December 2006 Judgments
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Koppula Kotaiah (Died) and ors. Vs. Gummadi Vasantha Rao
Court: Andhra Pradesh
Decided on: Dec-12-2006
Reported in: 2007(3)ALD764; 2007(3)ALT682
G. Yethirajulu, J.1. This second appeal has been preferred by the defendant in O.S. No. 6 77 of 1984 on the file of the II Additional Munsif Magistrate, Guntur.2. The plaintiff filed a suit against the defendant for ejectment. The suit was decreed as prayed for. Being aggrieved by the judgment and decree of the trial Court, the defendant preferred A.S. No. 61 of 1990 on the file of the II Additional District Judge, Guntur. The appeal was also dismissed by confirming the judgment and decree of the trial Court. Being aggrieved by the judgment and decree of the appellate Court, the defendant preferred the present appeal by raising the following points as substantial questions of law to be considered by this Court:(a) Whether the plaintiff's suit for ejectment can be decreed without asking for declaration of title or amendment of the plaint when the defendant raised a defence that they are in adverse possession of the property since last 25 years and neither the plaintiff nor his predecess...
V. Narayanaswamy Mudaliar Vs. Veluru Krishnavenamma
Court: Andhra Pradesh
Decided on: Dec-12-2006
Reported in: 2007(4)ALD191; 2007(4)ALT514
P.S. Narayana, J.1. Heard Sri Mahadeva, learned Counsel representing the appellant and Sri N. Pramod, learned Counsel representing the respondent.2. The unsuccessful defendant in the suit is the appellant. The respondent herein Smt. Velum Krishnavenamma filed the suit S. No. 24 of 1981 on the file of the Principal District Munsif, Punganur, praying for the relief of declaration of title and perpetual injunction. The Court of first instance, on the strength of the respective pleadings of the parties having settled the issues, recorded the evidence of P.Ws.1 to 3, D.Ws.1 to 3, marked Exs.A-1 to A-5 and Exs.B-1 to B-7 and came to the conclusion that the plaintiff had established her title and she is entitled for even the relief of perpetual injunction.3. Aggrieved by the same, the matter was carried by way of appeal in A.S. No. 163 of 1990 on the file of Additional District Judge, Mandanapalle, and the learned Judge framed the point for consideration at para 7 and after discussing the ora...
K.L.D. Nagasree Vs. Government of India, Represented by Its Secretary, ...
Court: Andhra Pradesh
Decided on: Dec-11-2006
Reported in: AIR2007AP102; 2007(1)ALD553; 2007(1)ALT473
ORDERG. Rohini, J.1. This writ petition is filed assailing the order of the 1st respondent dated 17.11.2003 passed in exercise of the powers conferred under Section 5(2) of the Indian Telegraph Act, 1885 directing interception of messages from the mobile telephone of the petitioner.2. The facts, in brief, are as under:The third respondent herein filed charge sheet No. 2/2005 dated 19.09.2005 in the C.B.I. Court, Visakhapatnam against three accused, the writ petitioner being A-2, for an offence punishable under Section 120-B IPC read with Section 7, Section 13(1)(e) and Section 13(2) of the Prevention of Corruption Act, 1988. The same was taken cognizance as C.C. No. 1 of 2006 on the file of the C.B.I. Court, Visakhapatnam. 3. As per the charge-sheet dated 19-9-2005, the investigation revealed that between 11.11.2003 and 25.11.2003, there were telephonic conversation between the complainant and the accused persons, which established the demand of illegal gratification by A1 and A2, whic...
Mohammed Fareed Vs. Commissioner, Municipal Corporation of Hyderabad a ...
Court: Andhra Pradesh
Decided on: Dec-11-2006
Reported in: 2007(2)ALD328
ORDERP.S. Narayana, J.1. This Court ordered Notice before admission on 24-11-2006. Sri Ganta Rama Rao, the learned Standing Counsel had taken notice. Status quo was ordered for a limited period.2. The writ petition is filed for a writ of mandamus declaring the action of the respondents in trying to demolish the premises bearing 22-7-145 (5.44 sq. yards), Aligunj Pattargatti, Hyderabad under the guise of clearing footpath as illegal and to pass such other suitable orders.3. Sri Francis, the learned Counsel representing the writ petitioner would submit that the petitioner in fact purchased the property, the subject-matter of the writ petition and inasmuch as the petitioner is the owner of the property in question the question of encroaching into the road or removal of such encroachment would not arise at all. The learned Counsel also would submit that the action of the respondents in trying to demolish the premises in question in a highhanded manner without even putting the petitioner on...
Raghavendra Exports Vs. Assistant Commercial Tax Officer and anr.
Court: Andhra Pradesh
Decided on: Dec-11-2006
Reported in: (2007)9VST41(AP)
ORDERJ. Chelameswar, J.1. The petitioner, a proprietary concern carrying on business in manufacture and sale of granite, is a registered dealer on the rolls of the second respondent both under the Central Sales Tax Act, 1956 and under the Andhra Pradesh Value Added Tax Act, 2005. It appears from the affidavit that the petitioner sold polished granite slabs to M/s. Shiva Granites Marble, Surat. The invoice value of the goods is Rs. one lakh taxable at 12.5 per cent. The material was being transported by a vehicle bearing No. AP 27V 3229. The vehicle was intercepted by the first respondent at Hyderabad and a notice in form No. 610, dated December 7, 2006 was handed over to the driver. According to the notice, the abovementioned vehicle was carrying 2,639.54 sq.ft. of polished granite. The respondents also opined that the value of the material was not accurately stated in the invoice. According to the respondents, the said material is to be valued at Rs. 2,11,163 and consequently the peti...
Ch. Purushotham Vs. the Senior Divisional Commercial Manager, S.C. Rai ...
Court: Andhra Pradesh
Decided on: Dec-08-2006
Reported in: 2007(3)ALD73; 2007(3)ALT342
ORDERRamesh Ranganathan, J.1. Aggrieved by the order of the Central Administrative Tribunal, in O.A. No. 1888 of 1999 dated 20.07.2001 and R.A. No. 68 of 2001 dated 16.10.2001, Sri Ch. Purushotham, erstwhile Train Conductor Guard, South Central Railway, Vijayawada has preferred this writ petition.The petitioner joined as a Ticket Collector on 10.05.1976. He was initially promoted as a Senior Ticket Collector in 1979, thereafter as a Travelling Ticket Examiner in 1982, and as a Head Travelling Ticket Inspector in 1995. During the period when he was discharging the duties of a Travelling Ticket Inspector in the A/c chair cars of Train No. 7245 Ratnachal Express, running between Visakhapatnam and Vijayawada, he was issued charge memo dated 18.03.1997, containing two articles of charge.Article-IThat the said Sri Ch. Purushottam, TCG/BZA while working as such during the month of November, 1996 committed serious misconduct in that by Train No. 7245 express on 26.11.95, while manning AC Chair...
Meesala Srinivasa Rao S/O Simhachalam Vs. Adapa Krishna Kumari W/O Ven ...
Court: Andhra Pradesh
Decided on: Dec-07-2006
Reported in: 2007(2)ALD180; 2007(2)ALT726
ORDERV. Eswaraiah, J.1. The petitioner is the tenant and the respondent is the landlady. R.C.C. No. 01 of 1998 was filed by the landlady on the file of learned Rent Controller/Principal Junior Civil Judge, Tadepalligudem, West Godavari district, seeking eviction of the tenant on the ground of willful default in payment of rents and that the petition schedule premises is required bona fide for additional accommodation of the medical business, was dismissed by the order dated 21-01-2002. Aggrieved by the same, the landlady filed C.M.A. No. 14 of 2002 on the file of learned Senior Civil Judge, Tadepalligudem and the appellate court, by the order dated 21-12-2005, allowed the appeal setting aside the order of the learned Rent Controller and ordered eviction of the tenant on the ground that the tenant has committed willful default in payment of rents and also on the ground that the petition schedule premises is required bona fide by the landlady. Aggrieved by the same, the tenant filed this...
A.P.S.R.T.C. Vs. E. Gangaiah and anr.
Court: Andhra Pradesh
Decided on: Dec-07-2006
Reported in: 2007(3)ALD214
L. Narasimha Reddy, J.1. The sole respondent in M.V.O.P. No. 204 of 2000, on the file of the Chairman, Motor Accident Claims Tribunal-cum-District Judge, Kadapa, filed this C.M.A., under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act'). The respondents filed the O.P., stating that their son, by name Venkata Ramana, was travelling in a Bus bearing No. AP 9Z 5986 on 10.10.1999 and when he went to the top of the bus, to put the bundle of banana leaves, he came into contact with a live electrical wire and died instantly. They pleaded that the deceased was earning a sum of Rs. 3,500/- per month as labourer and contributing almost the entire amount to the family. A sum of Rs. 2,00,000/- was claimed as compensation. The claim was resisted by the appellant. The occurrence of the accident was not disputed, but it was pleaded that the deceased cannot be said to have died in an accident involving motor vehicle. Through its order, dated 16.07.2004, the Tribunal awarded a sum of Rs...
O. Sreenivasulu Vs. Smt. P. Santhi
Court: Andhra Pradesh
Decided on: Dec-07-2006
Reported in: AIR2007AP115; 2007(2)ALD175; 2007(2)ALT673
ORDERA. Gopal Reddy, J.1. This revision is filed assailing the correctness of the order passed by the Senior Civil Judge, Kandukur in E.P. No. 16 of 2005 in O.S. No. 47 of 2004 dated 20.4.2006.2. For due execution of the decree of maintenance obtained by the Decree Holder, wife of the petitioner herein, in O.S. No. 47 of 2004, she filed E.P. No. 16 of 2005 for recovery of the arrears of maintenance amount together with interest. The petitioner-Judgment Debtor raised an objection stating that the decree holder is not entitled to payment of interest in the absence of decree providing for such payment. The learned Senior Civil Judge by the impugned order held that the objection raised by the judgment debtor that the decree holder is not entitled to interest is not tenable and accordingly ordered to call for salary particulars of the judgment debtor and simultaneously attached the E.P. schedule property.3. Being aggrieved by the aforesaid order, the decree holder filed the present revision...
Ariselli Srinivasa Rao Vs. District Collector and ors.
Court: Andhra Pradesh
Decided on: Dec-07-2006
Reported in: 2007(2)ALD478; 2007(3)ALT124
ORDERP.S. Narayana, J.1. Heard Sri Kuriti Bhaskara Rao, Counsel representing the writ petitioner, the learned Assistant Government Pleader for Panchayat Raj representing respondents 1 and 2 in the writ petition and Sri M. Prabhakar Rao, the earned Counsel representing the 3rd respondent and Sri I. Gopal Reddy, the earned Counsel representing the 4th respondent who was impleaded as per order dated 16-11-2006 in W.P.M.P. No. 29640/2006.2. Respondents 1 and 2 filed WVMP No. 2415/2006 to vacate the interim order in W.P.M.P. No. 17573/2006 dated 12-10-2006. W.V.M.P. No. 2382/2006 is filed by the proposed party, the present 4th respondent who came on record to vacate the said interim order. A reply affidavit also was filed by the writ petitioner. At the request of the Counsel representing the respective parties, the writ petition itself is being disposed of finally.3. Sri Kuriti Bhaskara Rao, the learned Counsel representing the writ petitioner had taken this Court through the averments made...
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