Andhra Pradesh Court March 2006 Judgments
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C. Sudhan Reddy Vs. South Central Railway and anr.
Court: Andhra Pradesh
Decided on: Mar-21-2006
Reported in: 2006(3)ALD720
ORDERV.V.S. Rao, J.1. The background of all these cases is similar. The order of the learned District Judge impugned in the writ petitions is a common order and the grounds urged are common. Therefore, it is expedient to dispose of all the matters by this common order.2. Taking W.P. No. 2962 of 2003 filed by one C. Sudhan Reddy, the brief fact of the matter may be noticed. The petitioner is the owner of the premises bearing No. 24-47 (old No. 24-6/A/40) in plot No. 28. The said plot is comprised in Survey Nos. 5, 6, 8/1, 9/1, 11/1, 913/1 admeasuring 150 square yards situated at Rajiv Gandhi Nagar, Malkajgiri Municipality. The petitioner allegedly purchased the said property under a registered sale deed, dated 6.8.1996, from one Madhusudhan Reddy. The second respondent issued a notice, dated 5.6.2001, under Section 4(1) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (Central Act No. 40 of 1971; hereinafter called 'the Act' for brevity), calling upon the petitioner...
Patel and Company Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Mar-21-2006
Reported in: 2007(5)ALT860
ORDERG. Rohini, J.1. This Contempt Case is filed seeking to punish the respondents for the alleged wilful and deliberate breach of undertaking given by the Executive Engineer, R&B; Department, Kamareddy, in WP No. 3911 of 2003.2. The petitioner herein filed W.P. No. 3911 of 2003 with the following prayer:To issue a writ of mandamus directing the respondents herein neither to dispossess the petitioner company nor to demolish the structures and stands of the petitioner company bearing Municipal Nos. 5-3-62 to 5-3-69 (Old) 5-3-217 (New) in Sy. No. 773 situated at National High Way No. 7 Road at Kamareddy, Nizamabad District, on the ground of widening of National Highway No. 7 Road without notice, without causing any enquiry, without following due procedure under law i.e. without following the provisions of L.A. Act and without payment of compensation even by conducting negotiations by duly declaring the action of the respondents 3 and 4 herein in taking steps by putting works on the struc...
V. Koti Reddy and ors. Vs. A.P. State Council of Higher Education and ...
Court: Andhra Pradesh
Decided on: Mar-21-2006
Reported in: 2007(3)ALD575
ORDERG. Rohini, J.1. These two writ petitions, which are based on the same set of facts involving common questions for consideration, are heard together and decided by this common order.2. Petitioners in W.P. No. 26932 of 2005, who are 19 in number, are students of Holy Mary Institute of Technology & Science, Hyderabad prosecuting 1st Year MCA Course. In this writ petition, the petitioners are seeking a declaration that the action of respondents 2 and 3 - Osmania University and Controller of Examinations, Osmania University - in not permitting them to appear for the examinations of 1st semester of first year MCA Course is arbitrary and illegal.3. W.P. No. 27249 of 2005 has been filed by Holy Mary Institute of Technology & Science, Hyderabad seeking a declaration that the action of the 1st respondent -Government of Andhra Pradesh in issuing G.O. Rt. No. 820, dated 8.10.2005 refusing to permit admissions in respect of revised intake in MCA Programme from 40 seats to 60 seats, as well as ...
National Insurance Company Limited Vs. Raheema Begum and ors.
Court: Andhra Pradesh
Decided on: Mar-20-2006
Reported in: II(2007)ACC174; 2007ACJ2481; 2006(5)ALD801; 2006(3)ALT403
L. Narasimha Reddy, J.1. This C.M.A. is filed by the Insurance Company, against the order, dt. 31-10-2005, passed by the learned Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Hyderabad (for short 'the Commissioner') in W.C.No. 182 of 2004.2. Respondents 1 to 3 herein filed the claim before the Commissioner under the provisions of the Workmen's Compensation Act, 1923 (for short 'the Act'), claiming compensation of Rs. 5,00,000/-. They pleaded that one late Mehatab Khan, who is husband of the 1st respondent, father of the 2nd respondent and son of the 3rd respondent, was employed as a driver of the vehicle bearing No. AP-13T-627, owned by the 4th respondent. It was alleged that on 31-8-2004, when Mehatab Khan was proceeding on the said vehicle from Hyderabad to Srisailam, he stopped the vehicle at Tuppugudam for taking meals, and thereafter, when he was crossing the road, a vehicle bearing No. AP-9W-5056 came in a rash and negligent manner and hit him, as ...
Mahankali Ramalingam and anr. Vs. Election Authority, Commissioner and ...
Court: Andhra Pradesh
Decided on: Mar-18-2006
Reported in: 2006(3)ALD236
ORDERV.V.S. Rao, J.1. The two petitioners are residents of Piduguralla. The elections to Piduguralla Nagar Panchayat were held in accordance with A,P. Municipalities Act, 1965 (the Act, for short) and A.P. Municipal Councils/Nagarpanchayats (Conduct of Election) Rules, 1965 on 24.9.2005. So as to co-opt a person as a member of Municipal Council, the second respondent issued a notice on 8.11.2005 calling applications from persons having special knowledge and experience in Municipal Administration. The said notice was issued in accordance with Rule 5(1) of the Andhra Pradesh Municipal Councils/Nagar Panchayats (Co-option of Members having Special Knowledge or Experience in Municipal Administration) Rules, 1995 (the Rules, for short). The first petitioner, namely, Mahankali Ramalingam, claims to be a former member of Gram Panchayat, Piduguralla during the period from 1988 to 1995. The second petitioner was allegedly a former member of Mandal Parishad Territorial Constituency (MPTC) during...
T. Rameshwar Vs. Commissioner, Municipal Corporation of Hyderabad and ...
Court: Andhra Pradesh
Decided on: Mar-18-2006
Reported in: 2006(3)ALD337
ORDERV.V.S. Rao, J.1. The dispute in these two writ petitions is in relation to a piece of land admeasuring 1022 Sq. yards bearing MCH No. 2-2-63/1 in Survey No. l 19 situated at Bagh Amberpet, Hyderabad (hereafter called, the subject property). There is no dispute however that the father of T. Rameshwar and the husband of the lessor of S. Jagadeeshwar Rao (fourth and third respondents in W.P. No. 23731 of 2005) were joint owners of the total extent of land admeasuring 2200 Sq. yards. After death of her husband, Namuri Lakshmamma, W/o. Anjaiah Goud along with her sons claimed to have succeeded to the property. She executed a lease deed in respect of the subject property in favour of third respondent, who obtained a dealership from the Indian Oil Corporation Limited (IOCL, the petitioner in W.P. No. 23731 of 2005), who in turn executed another document in favour of the petitioner subleasing the premises for setting up petroleum outlet. So as to set up/ construct such outlet, the petitio...
Pullambotla Kasturibayamma Vs. Ramesh V. Parekh
Court: Andhra Pradesh
Decided on: Mar-18-2006
Reported in: 2006(3)ALD805; 2006(3)ALT224
D. Apparao, J.1. This is a defendant's appeal against the decree and Judgment in O.S.No. 397 of 1986 on the file of the learned IInd Additional Subordinate Judge, Vijayawada, dated 02-07-1991, decreeing the suit against her for Rs. 32,000/- with subsequent interest and costs. 2. It is the case of the plaintiff that the defendant borrowed a sum of Rs. 10,000/- on 28-09-1983 and another sum of Rs. 10,000/- on 19-03-1984 from one M.N. Shaw of Viziawada for construction of Sharma Market near Samarangam Chowk and executed Exs.A-1 and A-3-two promissory notes, respectively. The defendant agreed to pay interest at 4.50% per month. The loans were arranged at the request of power of attorney of the defendant. Since M.N. Shaw requested the plaintiff to collect the amounts and therefore made endorsement of collection on the said pronotes vide endorsements, respectively, on 09-06-1986, whereupon the plaintiff got issued notice under Ex.A-3 claiming the amount, for which defendant gave a reply in E...
M.C. JaIn Vs. Official Liquidator, High Court of A.P.
Court: Andhra Pradesh
Decided on: Mar-18-2006
Reported in: 2006(3)ALD593; [2007]137CompCas395(AP); (2006)6CompLJ541(AP); [2006]72SCL402(AP)
Bilal Nazki, J 1. This is an appeal filed against the order passed by learned Company Judge impleading the appellant as one of the accused in a Company Application under Section 454(5) and 5(a) of the Companies Act, 1956.2. It is submitted that after the winding up orders were passed, the Director of the Company sought extension of time for filing statement of affairs and accordingly filed the same within the time. However, the Official Liquidator felt that the statement of affairs had not been filed within the time and filed the company application being CA No. 611 of 1998 for prosecution of the Directors under Section 454(5) and 5(a) of the Companies Act, 1956 for not filing the statement of affairs. Cognizance was taken in this matter by the learned Company Judge. The Official Liquidator filed an application being CA No. 512 of 2001 under Order 1 Rule 10 and Section 151 of the Code of Civil Procedure and under Rule 9 of the Companies (Court) Rules, 1959 to implead the appellant as 1...
A.P. Circle of All India Bharat Sanchar Nigam Ltd. Executives Associat ...
Court: Andhra Pradesh
Decided on: Mar-18-2006
Reported in: [2007]283ITR388(AP)
Bilal Nazki, J.1. This writ petition has been filed by A.P. Circle of All India Bharat Sanchar Nigam Ltd. Executives Association and A.P. Circle of BSNL Employees Union. In the writ affidavit filed by Pandu Ranga Rao, Vice-president of A.P. Circle of the first petitioner association it is contended that at the all-India level, the first petitioner has over 55,000 members and the A.P. circle has in its rolls about 5,000 members. All the members of both the petitioners were the servants of the Government of India under the Ministry of Communications and Information Technology and by the creation of Bharat Sanchar Nigam Ltd. (BSNL for short) they became the employees of the BSNL from October 1, 2000. They have members on all-India level as well as A.P. circle. They seek a declaration by this writ petition that there was no liability on the first respondent to deduct tax at source in terms of Section 192 of the Income-tax Act, 1961 (for short 'the Act') in the matter of rent respecting any...
A.P. State Electricity Board and anr. Vs. Y. Venu Kumar and ors.
Court: Andhra Pradesh
Decided on: Mar-18-2006
Reported in: 2006(3)ALD710
P.S. Narayana, J.1. ASMP No. 365 of 2006 is filed by the petitioners-appellants-defendants to set aside the order of the dismissal for default made by this Court on 2-2-2006 in A.S.No. 826 of 1998. In the light of the reasons, which had been specified in the affidavit filed in support of the said application, this Court is satisfied that non-prosecution of the appeal on the relevant date was due to bona fide reasons as explained in the affidavit. In view of the same, ASMP No. 365 of 2006 is hereby ordered and the appeal is restored to file.AS No. 826 of 1998 and Cross-Objections2. The defendants in OS No. 19 of 1996 on the file of Senior Civil Judge, Avanigadda, aggrieved by the judgment and decree made on 29-1-1998 had preferred this appeal. The 1st respondent, who was acting as guardian of respondents 2 and 3 in the appeal, was discharged from guardianship by order dated 4-12-2003 in CMP No. 28120 of 2003 and respondents 2 and 3 were declared as majors. It is needless to say that the...
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