Andhra Pradesh Court April 2006 Judgments
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T. Shambhoji Rao Vs. Government of Andhra Pradesh Rep. by Principal Se ...
Court: Andhra Pradesh
Decided on: Apr-28-2006
Reported in: 2006(3)ALD819; 2006(3)ALT516
ORDERRamesh Ranganathan, J.1. The petitioner seeks to have the Selection of Assistant Conservator of Forests in the 1976 Recruitment, and the concerned files including the impugned Memo dt. 12-4-2001, quashed to the extent candidates, who availed age concession based on their community reservation, were appointed against O.C. vacancies without fulfilling the conditions of age requirement prescribed for open competition. The petitionerseeks a declaration that he is entitled to be considered for appointment as Assistant Conservator of Forests in the 1976 Recruitment and to be granted consequential benefits such as notional seniority etc. The petitioner also seeks a consequential direction to set aside the judgment of the A.P. Administrative Tribunal, in O.A.No. 2692 of 2001 dated 22-9-2005, as illegal.2. Facts, to the extent necessary, are that the petitioner was appointed as a Forest Range Officer, through the Andhra Pradesh Public Service Commission, (for short 'A.P.P.S.C.'), on 1-11-1...
P. Parameswaran Potti Vs. Chairman and Managing Director, Singareni Co ...
Court: Andhra Pradesh
Decided on: Apr-28-2006
Reported in: 2006(4)ALD795; 2006(3)ALT468
D. Appa Rao, J.1. The unsuccessful appellant preferred these appeals against a common order of the learned single Judge of this Court, dated 17-2-2005 in W.P. Nos. 14614, 14615 and 14616 of 2004 upholding the selection of R-3 in all writ petitions to the posts of Director (Planning and Projects)/ Chief General Manager of Singareni Collieries Company Ltd. ('SCCL' for short) in preference to him.2. The facts lie in a narrow compass. The appellant was working as General Manager, having been promoted in the year 2001. When (vacancy for) the posts of Director (Planning and Projects)/Chief General Manager fell vacant, interviews were held on 2-8-2004 in the Chambers of Chief Secretary, Government of Andhra Pradesh, Secretariat, Hyderabad. Singareni Collieries Company Functional Directors' Selection Rules ('Rules' for short) prescribe selection to the said post to be made basing on an interview. The grievance of the appellant is in spite of having excellent record of service and no adverse re...
D.V. Konda Reddy Vs. K.V. Ramana Kumari
Court: Andhra Pradesh
Decided on: Apr-28-2006
Reported in: 2006(4)ALD290; 2006(4)ALT641
L. Narasimha Reddy, J.1. The petitioner is a tenant in respect of the premises bearing No. 1-8-522/22/2, Chikkadpally, Hyderabad. The tenancy commenced about 20 years back with the rent of Rs. 450/- per month. Complaining that despite several demands the petitioner did not enhance the rent, the respondent/owner filed R.C. No. 13 of 2001 before the I Additional Rent Controller, Hyderabad, for fixation of fair rent. She pleaded that having regard to the rental value of the property as well as the passage of time, ever since the commencement of tenancy, the rent deserves to be fixed at Rs. 2,500/- per month.2. The petitioner opposed the application. One of the contentions raised by him was that the Rent Controller does not have the power and jurisdiction to enhance the rent beyond Rs. 1,000/-. The basis for this was that, only such buildings, whose rent does not exceed Rs. 1,000/- per month, are covered by the provisions of the A.P. Buildings (Lease, Rent and Eviction) Control Act, (for s...
Majeti Basavamma and ors. Vs. Majeti Venkateswara Rao and ors.
Court: Andhra Pradesh
Decided on: Apr-28-2006
Reported in: 2006(4)ALD260; 2006(4)ALT652
ORDERL. Narasimha Reddy, J.1. The plaintiffs in O.S. No. 96 of 1997, on the file of the Additional Senior Civil Judge, Tenali, filed this revision, aggrieved by the order dated 31-8-2005, passed by the trial Court.2. The petitioners filed the suit for the relief of declaration of title and recovery of possession, vis-a-vis the suit schedule property. The respondents are defendants in that suit. The trial of the suit commenced and the recording of evidence of the petitioners was concluded. The 2nd respondent herein filed his affidavit, in lieu of chief-examination as DW-1. Several documents were enclosed to the affidavit. The petitioners raised serious objection for receiving of two documents viz, a deed of family arrangement dated 5-5-1993, marked as Ex.B-34, and a family dispute resolution, dated 30-1-1994 marked as X-8. Extensive submissions were made on behalf of the petitioners, about the admissibility of the said documents. The objections mainly related to the registration and sta...
Kaveti Sarada Vs. Vemineni Hymavathi
Court: Andhra Pradesh
Decided on: Apr-28-2006
Reported in: 2006(4)ALD460
ORDERG. Rohini, J.1. This revision petition is directed against the order dated 3-8-2004 in LA. No. 743/2003 in O.S.No. 235/2000 on the file of the Court of the Additional Senior Civil Judge, Nellore dismissing the application filed under Section 26 Rule 10 of the Code of Civil Procedure read with Section 45 of the Indian Evidence Act to send the suit pronote, Ex.A-1, to the handwriting expert for comparing with the admitted signatures in the vakalat, written statement etc.2. The facts in brief are as under:3. Defendant is the revision petitioner. The plaintiff-respondent filed O.S.No. 253/2000 for recovery of a sum of Rs. 2,48,000/-on the basis of a pronote dated 10-12-1998. The defendant contested the suit claim contending that the suit pronote dated 10-12-1998 was a forged document.4. In support of suit claim, the plaintiff got herself examined as P.W.I and also examined P.W.2 and P.W.3 who are the attestor and scribe respectively of Ex.A 1 pronote. At that stage, the defendant file...
J. Ramachandraiah (Died) and anr. Vs. Gangisetti Savithramma and ors.
Court: Andhra Pradesh
Decided on: Apr-28-2006
Reported in: 2006(4)ALD483; 2006(4)ALT645
ORDERL. Narasimha Reddy, J.1. The legal representative of the sole defendant in R.A. No. 272 of 2002, on the file of Additional Chief Judge, City Small Causes Court, Hyderabad, filed this C.R.P., aggrieved by the common order dated 13-2-2006, dismissing the I.A. No. 1008 of 2005.2. J. Ramachandraiah, the deceased-1st petitioner is the tenant in respect of a non-residential premises belonging to the respondents. The respondents filed R.C. No. 232 of 2000, on the file of the Principal Rent Controller, Secunderabad, seeking eviction of the 1st petitioner from the premises. It was allowed on 5-7-2002. Aggrieved thereby, the 1st petitioner filed R.A. No. 272 of 2002.3. The 1st petitioner died on 9-1-2004. Since no steps were taken to bring the legal representatives on record, the appeal was dismissed, as having abated, vide order dated 14-6-2004.4. The 2nd petitioner filed I.A. Nos. 651 and 652 of 2004, with a prayer to condone the delay in filing the application to set aside the abatement,...
National Insurance Company Limited Vs. M. Jagan Mohan and anr.
Court: Andhra Pradesh
Decided on: Apr-28-2006
Reported in: IV(2006)ACC665; 2007ACJ2549; 2006(4)ALD463; 2006(4)ALT642
L. Narasimha Reddy, J.1. This C.M.A. is filed under Rule 1 of Order 43, read with Section 105 C.P.C., against an order dated 3-5-2005, passed by the I Additional Chief Judge, City Civil Court, Secunderabad, in I.A. No. 2913 of 2004 in O.P. No. 161 of 2002.2. The 1st respondent filed O.P., claiming that on 19-5-2002, he proceeded on his scooter bearing No.AP-28C-5518 to Ryotu Bazaar at Erragadda, abutting National Highway No. 9, and when he was returning, a 7-Seatcr auto bearing No.AP-13W-4395, came in a rash and negligent manner and hit the scooter. He stated that he received grievous injuries and was shifted to Gandhi Hospital, for treatment. He claimed a sum of Rs. 1,50,000/-, towards compensation. The accident vehicle is owned by the 2nd respondent and insured with the appellant. Both of them were set ex parte, and ultimately, through an ex parte order dated 6-11-2003, the Tribunal awarded a sum of Rs. 1,50,000/-.3. The appellant herein filed an application, to set aside the ex part...
Sirivuri Praveen Varma Vs. Sirivuri Swarna Kumari
Court: Andhra Pradesh
Decided on: Apr-28-2006
Reported in: 2006(5)ALT738
ORDERB. Prakash Rao, J.1. Heard both the sides and at their request, the Revision itself is taken up for disposal.2. In this Revision filed under Article 227 of the Constitution of India, the petitioner herein, who is the un-successful petitioner in the Court below, seeks to assail the orders dated 5-10-2005 in I.A.No. 352 of 2005 in O.P. No. 678 of 2004 on the file of the Family Court, Visakhapatnam dismissing the application filed under Order VI Rule 17 of the Code of Civil Procedure seeking amendment in regard to the prayer from one of judicial separation, to one of divorce.3. The Court below, after contest and especially placing reliance on the judgment of this Court in N. Siva Mohan Reddy v. Smt. Aparna Reddy 2005 (1) ALI 44., dismissed the application.4. However, during the course of arguments in this revision, it is represented by the learned Counsel for the petitioner that the said decision of this Court has been reversed by the Apex Court as per the orders dated 02-09-2005 in ...
D. Prabhakar Reddy and ors. Vs. Union of India (Uoi) and ors.
Court: Andhra Pradesh
Decided on: Apr-28-2006
Reported in: 2006(6)ALD378; 2006(6)ALT652; [2007(112)FLR1146]
N.V. Ramana, J.1. As all the writ petitions raise common question of law and fact, and since the contempt case arises out of an interim order passed in one of the writ petitions, they were heard together and are being disposed of by this common judgment.2. The petitioners in all these writ petitions are employees of Indian Drugs and Pharmaceuticals Limited (hereinafter referred to as 'IDPL') - The IDPL Officers Association, IDPL (Hyderabad) Supervisors' Association and IDPL (Hyderabad) Workers Union, and others in their individual capacity, have filed writ petition in W.P. No. 4718 of 2001 assailing the order dated 26.2.2001, issued by respondent No. 1, namely Government of India, rolling back the age of retirement from 60 to 58 years in respect of employees of IDPL, serving below the Board level, as illegal and arbitrary. While some of the employees filed writ petitions in W.P. Nos. 15638, 15813, 16069, 16081, 16094 and 16206 of 2003, assailing their respective relieving orders, issue...
Eedi Ganiraju Vs. State of Andhra Pradesh, Rep. by Secretary, Social W ...
Court: Andhra Pradesh
Decided on: Apr-28-2006
Reported in: 2007(1)ALT609
ORDERN.V. Ramana, J.1. The petitioner belongs to Scheduled Caste community. He has three daughters. His eldest daughter, by name Ammaji, aged about 14 years, during 1996-1997, was studying 8th class in P.L.K. High School, Palakol and was staying in S.C. Girls Hostel No. 2 at Sambhinipeta. The petitioner states that the Matron of the Hostel, namely Smt. G. Venkatalaxmi, used to take his daughter to her house, for domestic work. While so, the petitioner states that in the month of September, 1996 the husband of the Matron by name Sri Ganta Daiva Ashirwadam, committed rape on his daughter and continued such acts of rape, till she became pregnant. Immediately, on knowing about the pregnancy, he lodged a report with the Station House Officer, Palakolu, who registered the same as Crime No. 30 of 1997 on 05.03.1997 for the offence under Section 376 IPC and under Section 3(xii) of the Scheduled Castes/Schedule Tribes (Prevention of Atrocities) Act, 1989. The petitioner states that though the D...
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