Andhra Pradesh Court March 2006 Judgments
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Nekkanti Satyanarayana Murthy Vs. Manne Nagammagari Choultry
Court: Andhra Pradesh
Decided on: Mar-10-2006
Reported in: AIR2006AP372; 2006(4)ALD299; 2006(4)ALT764
P.S. Narayana, J.1. This appeal is preferred by the 5th defendant in O.S. No. 30/74 on the file of Subordinate Judge, Narsapur. The respondent in the Appeal is the plaintiff in the suit i.e., Sri Manne Nagammagari Choultry, Narsapur, represented by its Executive Officer.2. For the purpose of convenience, the parties hereinafter would be referred to as 'plaintiff and '5th defendant'.3. The plaintiff filed the suit for declaration of plaintiffs title to the plaint schedule lands and for delivery of possession after ejecting defendants and to direct the 1st defendant to render account of realisations from the plaint schedule lands and for other appropriate reliefs like future profits etc. The learned Judge on the respective pleadings of the parties, having settled issues and additional issue as well recorded the evidence of P.W.I, the then Executive Officer of the plaintiff/ Choultry, D.W.I - the 2nd defendant, D.Ws.2 to 6 and D.W.7, - 5th defendant, and D.W.8 - 7th defendant, marked Exs....
Peedika Rajanna Dora Vs. Rajendra Prathap Bhanj Deo and anr.
Court: Andhra Pradesh
Decided on: Mar-10-2006
Reported in: 2006(4)ALD574; 2006(5)ALT289
B. Seshasayana Reddy, J.1. This election petition has been filed by Peedika Rajanna Dora, an unsuccessful candidate, challenging the election of Rajendra Prathap Bhanj Deo-1st respondent as a member of '10 Salur (ST) Legislative Assembly Constituency'. A further declaration has been sought for to declare the election petitioner as duly elected to '10 Salur (ST) Legislative Assembly Constituency'.2. The victory of our long drawn struggle for freedom from the British yoke came to us after one and a half century of perpetual and constant efforts soaked in cold blood and dipped in supreme sacrifice. The historical midnight of August 15th, 1947, which ushered in a new era, was merely a completion of a phase and not the end of epoch but only the beginning of the end. Soon thereafter the wise wizards and the founding fathers of our Constitution set out to devote their wholehearted attention to devise ways and means to give to our subcontinent a solid and comprehensive Constitution, which may ...
Vijaya Bank Vs. A.P. Industrial Infrastructure Corporation Ltd. and or ...
Court: Andhra Pradesh
Decided on: Mar-10-2006
Reported in: 2006(4)ALD803; [2007]139CompCas81(AP)
ORDERV.V.S. Rao, J.1. Vijaya Bank is the petitioner. This writ petition is filed assailing the proceedings, dated 8-10-2004, of the first respondent herein as illegal, arbitrary and without jurisdiction and for a consequential direction to the first respondent to execute agreement/sale deed in favour of the second respondent company in respect of the land, which was earlier allotted by the first respondent to M/s. Asian Steel Industries Limited.2. The brief facts that are necessary for disposal of the writ petition are as follows: The first respondent allotted land admeasuring 12,733.10 square yards comprised in plot Nos. 14, 23, 24, 26 and D-13 situated at Industrial Estate, Moula-Ali in favour of the second respondent for establishment of industry for manufacturing galvanized wires and wire products. The plots were handed over to the second respondent. Subsequently in accordance with the Scheme of Amalgamation, M/s. Asian Steel Industries Limited merged with second respondent and all...
Kimberly Clark Liver Ltd. Vs. State
Court: Andhra Pradesh
Decided on: Mar-10-2006
Reported in: 2006CriLJ2438
ORDERRamesh Ranganathan, J.1. In this criminal petition, the petitioner seeks to have the proceedings in S.T.C. No. 114 of 2003 on the file of the Judicial Magistrate of First Class, Mahabuba-bad, quashed.2. The Inspector, Mahabubabad, (respondent/complainant herein) filed a complaint in Case No. 88/PC/2002-2003 against two accused, the petitioner herein and Veena Fancy and Kanghan Hall, Mahabubabad. The contents of the complaint are that on 4-9-2002, the Inspector accompanied by L.W.2, visited the trading premises of the second accused, where various packages were displayed for sale and when the Inspector inspected some of the packages, he found that 'Two Retail Packages of Kotex regular size, Net. Qt. 8 belt less sanitary pads, packed on 29-1-2001, did not bear the complete address of the manufacturer as required under Rule 6(1)(a) read with Rule 10 of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 (for short 'the Rules'). This contravention is said to be in...
Peruboyina Satyanarayana and anr. Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Mar-10-2006
Reported in: 2006CriLJ3027
ORDERRamesh Ranganathan, J.1. This petition is filed to have the proceedings in C.C. 2 of 2003, on the file of the Principal Assistant Sessions Judge, Eluru against Crime No. 14 of 2000 of T. Narsapur Police Station, quashed, and for a further direction to the respondents to pay just and fair compensation to the petitioners.2. The allegations in the charge-sheet are that the love affair of one Penuboina Kumari, daughter of Chandrayya, aged 15 years, (younger sister of 1st petitioner and brother's daughter of the 2nd petitioner herein), with one Kokkonda Suryachari of Gandigudem village was brought to the notice of the 1st petitioner and his father who warned Suryachari. The villagers of Gandigudem village arranged a street cinema programme at Anjaneswamy Temple on the night of 31-5-2000. Penuboina Kumari left her house on the plea of watching the street cinema, met Suryachari at the nearby vacant fields and when she was returning at about 10.30 p.m., the 1st petitioner herein noticed b...
United India Insurance Co. Ltd. Vs. Jejerath Kamble and ors.
Court: Andhra Pradesh
Decided on: Mar-10-2006
Reported in: 2007(3)ALD631; [2007(114)FLR925]
G. Chandraiah, J.1. Heard both the Counsel.2. Since both appeal as well as cross-objections arise out of same W.C. and the parties are common, they are being disposed of by this common judgment.3. Aggrieved by the order dated 29-5-2001 passed by the Court of Commissioner for Workmens' Compensation and Assistant Commissioner of Labour at Nizamabad, in W.C.No. 33/1997 (F) the Insurance Company filed the appeal.4. Not being satisfied with the compensation awarded by the Commissioner, the claimants, who are brothers and mother of the deceased, filed cross-objections for enhancement.5. The case of the claimants is that the deceased was working as cleaner on the lorry bearing No. ATR-6517 under the employment of owner of the lorry. United India Insurance Company Limited is the insurer of the lorry. On 7-4-1996 at about 5.30 p.m., while the lorry was going from Hyderabad to Nagpur, when the lorry reached the shivar (outskirts) of Dudgaon on National High Way No. 7, in front of South and North...
V. Sunanda Vs. Chief Commissioner of Income Tax and anr.
Court: Andhra Pradesh
Decided on: Mar-09-2006
Reported in: 2006(2)ALT580
ORDERD. Apparao, J.1. The assessee filed appeal against the order of the Income Tax Appellate Tribunal, Hyderabad, dated 15-12-2003 in dismissing the appeals, and confirming the orders of the Commissioner of Income Tax (Appeals)-V, Hyderabad, rejected her claim towards agricultural income.2. She sought a Writ of Certiorari when her claim for waiver of interest levied under Sections 234-A and 234-B of the income Tax Act, 1961 (for brevity 'the Act, 1961'). was rejected by the ChiefCommissioner of Income Tax, Hyderabad by order dated 10-03-2004.3. Since common points are involved in these two appeals, they are taken up together and disposed of by way of common order.4. Smt. V. Sunanda is an Income Tax assessee. She filed Income Tax returns on 08-01-1999 for the assessment years 1996-97, 1997-98 and 1998-99 before the Income Tax Officer declaring income, among other things, a huge agricultural income for several years, since 1982-83, on the ground that her grandfather Sri Vithal Pawar pur...
Venkatesh Shinde Vs. P. Rameshchand Bhandari and ors.
Court: Andhra Pradesh
Decided on: Mar-09-2006
Reported in: 2006(4)ALD569; 2006(3)ALT10
ORDERV.V.S. Rao, J.1. The petitioner is the defendant in O.S. No. 332 of 2002 on the file of the Court of XIV Additional Chief Judge, City Civil Court, Hyderabad. The respondents herein filed the suit for recovery of a sum of Rs. 20,00,0007-based on a promissory note. The petitioner filed a written statement and opposed the suit, inter alia, on the ground that the suit is not maintainable. While the suit is pending, the petitioner filed I.A.No. 763 of 2004 under Order XIV Rule 5 of the Code of Civil Procedure, 1908, to frame additional issues as under.(1) Whether the plaintiff is doing money lending business without any valid licence?(2) Whether any demand was made by the plaintiff for the alleged promissory note, dated 10-6-2000?2. By the impugned order, dt. 10-9-2004, the trial Court rejected the application on the ground that the petitioner in his written statement did not make such plea.3. The learned Counsel for the petitioner, G. Kalyan Chakravarthi, placed strong reliance on Sec...
Chiranjeevi Vs. Smt. Lavanya @ Sujatha
Court: Andhra Pradesh
Decided on: Mar-09-2006
Reported in: AIR2006AP269; 2006(3)ALD522; 2006(3)ALT168; II(2006)DMC553
B. Seshasayana Reddy, J.1. This Civil Miscellaneous Appeal is directed against the order dated 19th October, 1995 passed by the Principal Subordinate Judge, Ranga Reddy District at Saroornagar, Hyderabad in O.P. No. 104 of 1992, whereby the learned Subordinate Judge dismissed the petition filed by the appellant-husband under Section 13(1)(ia) of the Hindu Marriage Act, 1955.2. The marriage between the appellant and respondent was solemnized on 1 -8-1990 at Lalaguda, Secunderabad as per Hindu rites and customs. After the marriage they started living together at Goutamnagar, Malkajgiri. Differences arose between them within three months of their living together. It is the case of the appellant-husband that the respondent-wife used to visit her parents house without informing him or any one of the members in the joint family. On several occasions, according to the appellant-husband, he warned her not to leave the house frequently, but she never cared his words. One K. Narayana, a retired ...
Duddukuri Satyanarayana and anr. Vs. Mandal Revenue Officer, Bhadracha ...
Court: Andhra Pradesh
Decided on: Mar-09-2006
Reported in: 2006(3)ALD228; 2006(6)ALT126
L. Narasimha Reddy, J.1. This writ petition raises an important question of law, viz., whether the remedy and relief, under Section 5(c) of the Andhra Pradesh (Scheduled Areas Ryotwari Settlement) Regulation, 1970 (for short 'the Regulation'), is available to an individual, whose appeal, under Section 9(3) thereof, is rejected.2. The Regulation provides for the grant of ryotwari pattas, in respect of all cultivable lands, forming part of estates, situated in the Scheduled Areas. The petitioners state that they are the owners of land in Sy.Nos. 37/1 and 2, admeasuring about 6 hectares, situated at Gundala Village of Bhadrachalam Mandal. Section 9 of the Regulation enables the Settlement Officer, either suo motu, or an application made by the interested persons, to initiate the proceedings for grant of ryotwari pattas. The Settlement Officer, Bhadrachalam, initiated suo motu proceedings, as regards the lands claimed by the petitioners.3. After hearing the petitioners herein, and on exami...
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