Andhra Pradesh Court February 2006 Judgments
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District Employment Officer (Fac), District Employment Exchange Vs. Ch ...
Court: Andhra Pradesh
Decided on: Feb-28-2006
Reported in: 2006(3)ALD264; [2006(109)FLR1153]; (2006)IIILLJ185AP
ORDERG. Yethirajulu, J. 1. This is a writ petition filed by the State represented by the District Employment Officer, Visakhapatnam seeking to declare that the award passed by the Industrial Tribunal, Visakhapatnam in I.D. No. 175/89, dated 30-4-1992, as illegal and for a consequential direction to set aside the said award.2. The 2nd respondent was appointed as contingent watchman in the petitioner-Establishment on 14-11-1979 and the salary is being paid from contingencies. In the year 1987 by memo dated 5-8-1987 the 2nd respondent severely warned for having attended to his duties in a drunken state and further by memo dated 2-9-1987 he was called upon to show-cause as to why his services could not be terminated for having taken Rs. 40/- and Rs. 30/- respectively from two persons as illegal gratification. The 2nd respondent admitted his guilt and submitted that he will conduct himself properly in future. Subsequently complaints were received from others that the 2nd respondent collecte...
N. Ramakrishna and ors. Vs. Special Officer and Competent Authority, U ...
Court: Andhra Pradesh
Decided on: Feb-28-2006
Reported in: 2006(3)ALD350
ORDERL. Narasimha Reddy, J. 1. Petitioners state that they purchased an extent of Ac. 2-20 cents of land in Sy. No. 151/lA of Vepagunta Village of Pendurthi Mandal, Visakhapatnam District, from Smt. D. Anjulamma and another, through sale deed dated 15.2.1984. The vendors of the petitioners, in turn, are stated to have purchased the land from Sri Dasari Danaiah, through sale deeds dated 5.12.1969.2. The land referred to above, is part of Visakhapatnam Urban Agglomeration. On the basis of the declaration filed under Section 6(1) of the Urban Land (Ceiling and Regulation) Act, 1976 (for short 'the Act'), it was computed to the holding of Dasari Danaiah. He was required to surrender an extent of 0.1576 sq. meters of land, which was declared as surplus. The land in Sy. No. 151/1A was identified for surrender. After the proceedings in relation thereto have become final, the surplus land is said to have been handed over to the Visakhapatnam Urban Development Authority, the second respondent h...
Shaik Bahseer Ahmed and ors. Vs. Shaik Yakoob Ahmed and anr.
Court: Andhra Pradesh
Decided on: Feb-28-2006
Reported in: 2006(3)ALD457; 2006(3)ALT510
L. Narasimha Reddy, J.1. The general impression is that Arbitration is a speedier and more effective remedy, when compared to the adjudication by Courts. This case provides an example to demonstrate that the statement is partly true.2. One Sri Shaik Mohammed was carrying on business of skin tanning a Leather Exports at Warangal. He constituted a partnership firm in the year 1972, with himself and his four sons, as partners. Two years thereafter, another firm by name Shaikoo, was constituted with a slightly different composition of the same family. Shaik Mohammed died on 1-4-1981. The firms were reconstituted by holding his widow, in the first firm. The business was expanded and extended to Madras also.3. Disputes arose among the partners of the two firms. One Sri Abdul Khader, the 2nd respondent herein, was appointed as an Arbitrator. He passed an award dated 5-9-1995. Petitioners herein filed O.S. No. 258 of 1995 in the Court of I Additional Senior Civil Judge, Warangal, under Section...
On the Way Bakers Oven and anr. Vs. Susheela Devi and ors.
Court: Andhra Pradesh
Decided on: Feb-28-2006
Reported in: 2006(3)ALD753
L. Narasimha Reddy, J.1. The defendants 1 and 2 in OS. No. 1306 of 1997, on the file of the First Senior Civil Judge, City Civil Court, Hyderabad, filed this appeal, against the plaintiff and defendant No. 4 in that suit. Defendant No. 3 died. For the sake of convenience, the parties are referred to, as arrayed in the suit.2. The plaintiff filed the suit for eviction of the defendants. She pleaded that defendants 2 to 4 represented to her stating that they constituted the first defendant firm, and that the suit schedule premises was leased to them, for the purpose of doing business in bakery. The lease is said to have commenced, with effect from 1-1-1994, to be in force for a period of three years. It was urged that since the lease took terminated, with effect from 31-12-1996, the defendants became tenants holding over. She further pleaded that the defendants committed default in payment of rent, property tax, electricity bills, etc. Ultimately, she got issued a notice, dated 13-6-1997...
Vishamodh Gowbhuja Samaj Vs. Mahboob Begum (Died) by Lrs. and ors.
Court: Andhra Pradesh
Decided on: Feb-28-2006
Reported in: 2006(4)ALD23
P.S. Narayana, J.1. The appellant Iqbal Begum-the plaintiff in O.S.No. 436 of 1987 on the file of the II Senior Civil Judge, City Civil Court, Hyderabad, had originally instituted a suit for perpetual injunction O.S.No. 119 of 1986 on 26-5-1986 on the file of the Vacation Court which was transferred to the III Assistant Judge, City Civil Court, Hyderabad and enumbered as O.S.No. 1737 of 1986 and further transferred to the II Senior Civil Judge, City Civil Court, Hyderabad and numbered as O.S.No. 436 of 1987. The said suit for perpetual injunction was dismissed by the learned Judge leaving open the question of title to be agitated by the parties, in other words, the question of title was left undecided in the said suit. Aggrieved by the said judgment and decree, the unsuccessful As can be seen from the nature of evidence which had been let in by parties and also the voluminous documentary evidence, this Court is thoroughly satisfied that instead of driving the parties to yet another lit...
Butti Veerpal and ors. Vs. K. Vijaya Laxmi and ors.
Court: Andhra Pradesh
Decided on: Feb-28-2006
Reported in: 2006(4)ALD441; 2008(4)ALT225
ORDERG. Rohini, J.1. This revision petition is directed against the order dated 28-11-2005 in I.A. No. 1804 of 2005 in O.S. No. 13 of 2001 on the file of the Court of 1-Additional District Judge, Karimnagar.2. The revision petitioners are the defendants 1 to 11 in the suit. The 2nd respondent herein is the plaintiff, who filed the suit seeking a decree for partition claiming 1/8th share in the suit schedule properties contending that the said property belongs to their late father B. Rajaram. The respondentNo. 1, respondents 3 and 4 herein are the defendants 12, 13 and 14 respectively, in the suit.3. The defendants 12 to 14 filed a common written statement claiming their 1/8th share each in the suit schedule properties. The defendants 1 to 11 contested the suit claim disputing the entitlement of the plaintiff and the defendants 12 to 14 on the ground that the suit schedule properties are their exclusive properties.4. After the issues were settled, while the suit was coming up for trial,...
Tetali Chinna Krishna Reddy Vs. Konala Nagalakshmi and ors.
Court: Andhra Pradesh
Decided on: Feb-28-2006
Reported in: 2006(4)ALD596; 2006(3)ARBLR575(AP)
ORDERC.V. Ramulu, J.1. In all these civil revision petitions, common questions of law and facts arise for consideration; therefore, they are being disposed of together by this common order.2. C.R.P. No. 3722 of 1999 is filed aggrieved by the order dated 29-64999 made in LA. No. 1094 of 1988 in O.S. No. 82 of 1998 on the file of the Senior Civil Judge, Ramachandrapuram, East Godavari District. Likewise, C.R.P. No. 3836 of 1999 is filed against the order dated 29-6-1999 made in LA. No. 1093 of 1998 in O.S. No. 82 of 1998, C.R.P. No. 3910 of 1999 is also filed against the order dated 29.6.1999 made in LA. No. 1093 of 1998 in O.S. No. 82 of 1998, C.R.P. No. 2980 of 2002 is filed against the order dated 29-6-1999 made in LA. No. 1092 of 1998 in O.S. No. 82 of 1998 and C.R.P. No. 3035 of 2002 is filed against the order dated 29-6-1999 made in LA. No. 1091 of 1998 in O.S. No. 82 of 1998.3. Except C.R.P. No. 3910 of 1999, which was filed by Defendant Nos. 4, 5 and 8, all other C.R.Ps. are file...
Mamatha Chit Fund P. Ltd. (In Liquidation) Vs. Smt. Doure Swarropa Ran ...
Court: Andhra Pradesh
Decided on: Feb-28-2006
Reported in: [2007]136CompCas758(AP); [2007]80SCL69(AP)
T. Ch. Surya Rao, J.1. The instant application has been filed under Section 446(2)(b) of the Companies Act. The applicant seeks a direction to the respondents to pay jointly and severally a sum of Rs. 35,163.80 ps. with interest at 12 per cent. per annum from September 17, 2000, till realisation.2. By means of an order, dated March 20, 2002, in C.P. No. 13 of 2002, M/s. Mamatha Chit Fund (P.) Ltd. was directed to be wound up by this court and in sequel thereto the official liquidator attached to the company court was appointed as a provisional liquidator. As per the information contained in the statement of affairs of the company furnished on January 17, 2003, by its ex-managing director, the first respondent herein was a subscriber of the chit T. No. 21 of chit group No. LP17F, the value whereof was Rs. 1,00,000 to be paid at the rate of Rs. 2,000 per month within a duration of fifty months. Chit was commenced in the month of March, 1998. Subsequently, the first respondent became the ...
Bhadrachalam Bar Association, Rep. by Its President, P.V. Krishnamacha ...
Court: Andhra Pradesh
Decided on: Feb-27-2006
Reported in: 2006(2)ALT583
ORDERG.S. Singhvi, C.J. 1. In this petition filed in public interest, Bhadrachalam Bar Association has questioned inaction on the part of the respondent to establish permanent Judicial First Class Magistrate Court and Fast Track Court at Bhadrachalam for administration of criminal justice system in accordance with the provisions of the Code of Criminal Procedure, 1973, and has prayed for issuance of a writ in the nature of mandamus to create the courts.2. In support of its prayer for issue of mandamus, the petitioner has relied on G.O.Ms.No.41 dated 25-3-2004 issued by the State Government making applicable the entire Code of Criminal Procedure, 1973, to all the tribal areas in the State and order dated 2-4-2004 passed by the Supreme Court in Writ Petition (Civil) No. 324 of 2004 (A. Sadguru Prasad v. State of A.P. andors.).3. On the last date of hearing i.e., 20-2-2006, the learned Advocate General had made a statement that in view of order dated 2-4-2004 passed by the Supreme Court i...
B. Poornima Vs. Thoomu Ramdasu and ors.
Court: Andhra Pradesh
Decided on: Feb-27-2006
Reported in: 2006(3)ALD365; 2006(4)ALT236
ORDERP.S. Narayana, J. 1. This Court ordered Notice Before Admission on 31-1-2006 and granted interim stay for a limited period. Sri B. Vijaysen Reddy, learned Counsel representing the respondents-defendants, entered appearance.2. Sri T. Koteswara Prasad, learned Counsel representing the petitioner-plaintiff would maintain that in the facts and circumstances of the case the learned I Additional District Judge, Warangal had committed an error in declining permission to the petitioner to file the document, i.e., the certified copy of the registered Will deed bearing Doc. No. 16/1964 dated 10-8-1964 executed by Sri Varadarajulu, and mark the same as an exhibit. The learned Counsel would also maintain that in the affidavit filed in support of the petition, initially by mistake it was mentioned that the original is in the 'public office', but, however, in the additional affidavit, the same was clarified and it was specifically stated at Paragraph 5 that neither the petitioner nor the respon...
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