Andhra Pradesh Court December 2006 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Syed Amina Bi and anr. Vs. Ghantasala Krishna Murthy (Died) by Lrs. an ...
Court: Andhra Pradesh
Decided on: Dec-07-2006
Reported in: 2007(3)ALD163; 2007(4)ALT276
C.Y. Somayajulu, J.1. Deceased first respondent filed the suit against the appellants, who are wife and husband, seeking a decree of perpetual injunction restraining them i.e. the appellants from making any constructions to the south of the southern wall of the house of the second respondent, and from interfering with his possession and enjoyment of the plot shown as 'A' in the plaint plan up to the southern wall of the house of the second respondent, and also for a mandatory injunction directing them to remove the encroachments made into the air space and also his site by extending the R.C.C. roof of their terraced house and by encroaching in his plot shown as 'A' of the plaint plan by constructing a staircase respectively. Subsequent to the filing of the suit, first respondent died, and so, respondents 2 to 4, who are his wife and sons, came on record as his legal representatives and prosecuted the suit.2. The case of the appellants is that they, who have an easementary right to disc...
Shamsunder Tiwari @ Shamlal Tiwari and ors. Vs. Narsimha Reddy and anr ...
Court: Andhra Pradesh
Decided on: Dec-07-2006
Reported in: 2008ACJ27; 2007(3)ALD731; 2007(4)ALT221
C.Y. Somayajulu, J.1. Appellants filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (the Act) seeking compensation of Rs. 2,00,000/- for the death of their unmarried son Ramesh Kumar Tiwari (the deceased) said to be aged 22 years earning about Rs. 4,000/- p.m. as a cashier in Geetha Trading Company, alleging that when the deceased along with his friend was proceeding on a scooter, a lorry belonging to the first respondent and insured with the second respondent being driven in a rash and negligent manner came in the opposite direction of the scooter and dashed the scooter resulting in the death of the deceased.2. First respondent chose to remain ex parte.3. Second respondent filed its counter inter alia putting the appellants to proof of the averments in the petition.4. The claim petition filed by the appellants and another claim petition filed by the legal representatives of another victim were clubbed and common evidence was recorded. In support of the case of th...
Sri Venkateshwara Cashew Manufacturers Vs. Commercial Tax Officer and ...
Court: Andhra Pradesh
Decided on: Dec-07-2006
Reported in: (2007)8VST48(AP)
ORDERJ. Chelameswar, J.1. The petitioner is the same in all these four writ petitions ; a proprietary concern and a registered dealer both under the Andhra Pradesh General Sales Tax Act, 1957 and the Central Sales Tax Act, 1956, and an assessee on the rolls of the first respondent, carrying on business in the sale of cashew-nut. It appears from the pleadings before us that the petitioner purchases raw cashew-nut, processes them for obtaining cashew kernel and sells the same either with or without declaration. The processing of the cashew-nut was described by the Supreme Court in the following lines:Cashew-nut is projected and visible outside the fruit, unlike the other nuts which are enclosed inside the fruit. These raw cashew-nuts purchased from agriculturist are first dried to remove moisture. They are then roasted by expert labourers, who see to it that the nuts are roasted to the required level without getting spoilt. Then the roasted nuts are split by another set of expert laboure...
Kallimakula Reddy Saraswathamma and ors. Vs. Smt. V. Vasanthamma
Court: Andhra Pradesh
Decided on: Dec-06-2006
Reported in: 2007(3)ALD800
L. Narasimha Reddy, J.1. The 1st appellant is the mother of appellants 2 to 4. It is endorsed that appellants 2 to 4 are not necessary parties to the Second Appeal. Therefore, the 1st appellant is referred to as the appellant. The judgment passed by the Court of Additional District Judge, Madanapally, in A.S. No. 208 of 1990, decreeing the suit in O.S. No. 154 of 1985, on the file of the Court of Principal District Munsif, Punganur, is challenged in this Second Appeal.2. The respondent filed the suit for the relief of cancellation of gift deed, dated 5.4.1984, executed by one Bandla Mangamma, in favour of the appellant, as being vitiated by fraud and undue influence, and for perpetual injunction, in respect of the suit schedule property. It was pleaded that the mother of the respondent died, when she (respondent) was a child, and thereafter, her father married Mangamma, who, in turn is said to have looked after and brought up the respondent. Mangamma had no issues of her own. The respo...
The New India Assurance Co. Ltd, Through Its Branch Manager Vs. Smt. S ...
Court: Andhra Pradesh
Decided on: Dec-06-2006
Reported in: 2007(3)ALD1488
ORDERC.Y. Somayajulu, J.1. First respondent filed a petition under the provision of the Workmen's Compensation Act (the Act) against the second respondent and the appellant alleging that her son S. Mohan (the deceased) who was working as a driver of the tractor of the second respondent died in an accident arising out of and during the course of employment and so she is entitled to Rs. 1,50,000/- as compensation.2. Second respondent filed a counter admitting that the deceased was the driver of the tractor and trailor belonging to him on a monthly salary of Rs. 1,200/- besides batta of Rs. 20 per day and was having a valid driving licence and that the deceased died due to an accident that took place on 27-02-1990 and as the vehicle is insured with the appellant, it is the appellant that has to pay the compensation payable to the first respondent.3. Appellant filed its counter admitting the insurance of the vehicle of the second respondent with it by the date of accident and as an I.A.305...
S. Basheer Ahmed, S/O Khader Basha Vs. Veluru Munirathnam, S/O Late Ve ...
Court: Andhra Pradesh
Decided on: Dec-06-2006
Reported in: 2007(3)ALD653
L. Narasimha Reddy, J.1. The sixth defendant in O.S. No. 388 of 1986 on the file of the Principal District Judge, Punganur filed this Second Appeal. The first respondent is the sole plaintiff in the suit. For the sake of convenience, the parties are referred to as arrayed in the suit.2. The plaintiff and defendant Nos. 1 to 5 are brothers and the second defendant was the karta of the joint family. The suit was filed for the relief of partition and separate possession of item Nos. 1 to 12 of the suit schedule property. He pleaded that the said items of property are ancestral and there was no family partition. It was alleged that item Nos. 10 to 12 comprising of an extent of Acs.33.00 of dry land was sold by the second defendant in favour of defendant Nos. 6 and 7, through a sale deed dated 29.04.1985, without there being any family necessity.3. The suit, particularly insofar as it related to item Nos. 10 to 12 was resisted, by the defendants. It was pleaded that the said items were sold...
Mummidi Raghavendra Rao and ors. Vs. Malladi Gollamma and ors.
Court: Andhra Pradesh
Decided on: Dec-06-2006
Reported in: 2007(2)ALD713; 2007(2)ALT647
V. Eswaraiah, J.1. Appellants are the plaintiffs; and the respondents are the defendants in O.S. No. 130 of 1990 on the file of the Principal Subordinate Judge, Kakinada, filed for declaration of plaintiffs' title to the plaint schedule property; for possession of the same after evicting the 1st defendant there from; and for recovery of Rs. 23,490/- towards past profits for the years, 1986-87, 1987-88 and 1988-89; for future profits; and for costs, and the same was dismissed by judgment and decree, dated 31-10-1996, with an observation that the plaintiffs are at liberty to receive the balance sale consideration due under Ex.B. 1-agreement of sale subject to their executing the sale deed in performance of the said agreement of sale. Aggrieved thereby, the present appeal suit has been filed by the plaintiffs.2. Parties are hereinafter referred to as they are arrayed in the trial Court.3. Plaintiffs 1 to 3 and the 2nd defendant are the sons; Plaintiffs 5, 6 and 3rd defendant are the daugh...
Suryadevara Nagabhushanarao Vs. Suryadevara Ramachandrarao and ors.
Court: Andhra Pradesh
Decided on: Dec-06-2006
Reported in: 2007(2)ALD1
ORDERL. Narasimha Reddy, J.1. The petitioner, respondents 1, 2 and 4 are the sons of respondent No. 3. The 1st respondent filed O.S. No. 388 of 1997 in the Court of III Additional Senior Civil Judge, Vijayawada, for the relief of declaration of title, injunction and certain other ancillary reliefs. The petitioner figured as defendant No. 1. The trial of the suit commenced. The petitioner, as D.W. 1, sought to rely upon two documents, namely, Memoranda of Understanding, dated 23-1-1996 and 25-1-1997. Initially, the documents were received in evidence, subject to proof and admissibility. The 1st respondent filed C.R.P. No. 4492 of 2005 before this Court. The C.R.P., was allowed on 26-4-2006 and the trial Court was directed to examine the admissibility of the documents at the threshold, without postponing the question, to a later point of time. It was in this context that the admissibility of the documents was examined in detail, by hearing both the parties. Through its order, dated 21-7-...
Sri Teja Benefit Fund Ltd., Represented by Its Director, B. Maruthi Sr ...
Court: Andhra Pradesh
Decided on: Dec-05-2006
Reported in: 2007CriLJ1308
A. Gopal Reddy, J.1. This appeal is directed against the Judgment of 5th Metropolitan Magistrate, Hyderabad in C.C. No. 261 of 1996 dated 1.5.2000 whereby the 1st respondent-accused was acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act.2. The appellant-company filed the above complaint under Section 138 of the Negotiable Instruments Act (for short 'the Act') stating that the company used to facilitate the members of the company to save money and advance loans to the members. Accused who is a member of the company raised loan of Rs. 90,000/- from the appellant-company under Loan Account No. OL160 undertaking to repay the same with interest. The accused issued a cheque dated 11.12.1995 (Ex.P.6) for a sum of Rs. 10,000/- towards part payment of the loan, but when the cheque was presented, it was dishonoured for 'insufficient funds' on 20.12.1995. The appellant, therefore, got issued a legal notice on 26.12.1995, but in spite of receipt of notice on 4....
Ramesh Prasad and anr. Vs. the Sub-collector and 2 ors.
Court: Andhra Pradesh
Decided on: Dec-05-2006
Reported in: 2007(3)ALT575
ORDERP.S. Narayana, J.1. Heard Sri Sridhar Reddy, learned Counsel representing the writ petitioners, learned Government Pleader for Revenue (Telangana) appearing for respondents 1 and 2 and Sri Ch.Anjaneyulu, learned Counsel representing the third respondent.2. Sri Sridhar Reddy, learned Counsel representing the writ petitioners would contend that on a reading of nature of the order, which was made by the first respondent dated 12.8.1996, it is crystal clear that the first respondent has no authority or jurisdiction to make such an order since if the third respondent is aggrieved of the mutation of names or otherwise in records of rights or in the event of third respondent asserting his independent rights, the remedy of the third respondent is either to initiate appropriate proceedings under the relevant legislation before the competent authority or to institute a regular suit praying for declaration of rights as the case may be, but definitely not to make an application of this nature...
- ‹ Prev
- 1
- 2
- 3
- 4
- 5
- 6
- 7
- 8
- 10
- 11
- Next ›
- Last »