Andhra Pradesh Court April 2006 Judgments
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Achamma (Since Died) by L.Rs. and ors. Vs. D. Venkatappa and ors.
Court: Andhra Pradesh
Decided on: Apr-19-2006
Reported in: 2006(4)ALD456; 2006(4)ALT212
ORDERL. Narasimha Reddy, J.1. This civil revision petition is filed against the docket order, dated 4-7-2005, passed by the Court of the Junior Civil Judge, Penukonda in I.A. No. 417 of 2003 in O.S. No. 239 of 2000.2.The respondents filed the suit for partition against one Achamma, the sole defendant in the suit. They filed I.A. No. 417 of 2003 to bring the petitioners herein as legal representatives of the deceased Achamma. In the affidavit filed in support of the I.A., they pleaded that Achamma died on 28-3-2003 and that except the petitioners herein, there are no other legal representatives of late Achamma. The petitioners filed counter-affidavit stating that the husband of Achamma and her daughter are very much alive. It was also pleaded that the application was filed long after the death of Achamma, without filing an application to set aside the abatement. The trial Court ordered the I.A.3. Heard the learned Counsel for the petitioners and the learned Counsel for the respondents.4...
Arther Jacob Roy Vs. M. Prasada Rao and ors.
Court: Andhra Pradesh
Decided on: Apr-19-2006
Reported in: 2006(4)ALD594
ORDERL. Narasimha Reddy, J.1. The petitioner filed O.S. No. 89 of 1996, in the Court of Principal Senior Civil Judge, Srikakulam, for the relief of perpetual injunction, in respect of the suit schedule property. The suit was filed against three defendants. The 3rd defendant died on 23-1-1999. This fact was reported by the Counsel for the Defendants 2 and 3, on 30-11-1999, as required under Rule 10-A of Order XXII C.P.C. The trial Court recorded the same.2. The petitioner states that the factum of death of the 3rd defendant was not intimated to him by his Counsel, for quite some time, and that he changed his Counsel, some time in October 2004. He filed LA. No. 384 of 2004, under Order XXII Rule 9C.P.C. to set aside the abetment. LA. No. 385 of 2004 was filed, with a prayer to bring the legal representative of the deceased-3rd defendant, on record. Since there was delay of 1956 days in presenting the said application, he filed LA. No. 383 of 2004, under Section 5 of Limitation Act. Throu...
Sadhu Narayana Vs. S.H.O.
Court: Andhra Pradesh
Decided on: Apr-19-2006
Reported in: 2006(1)ALD(Cri)867; 2006CriLJ3038
ORDERV. Eswaraiah, J.1. The petitioner herein is accused No. 4 in C.C. No. 30 of 2003 on the file of the I Additional Munsif Magistrate, Kadapa. The said case was transferred from I Additional Munsif Magistrate, Kadapa to the Chief Judicial Magistrate, Kadapa and the same was numbered as C.C.No. 2 of 2003.2. On a complaint given by Y. Venkata Swamy, Court Attender of IV Additional District Munsif Court, Kadapa on 1-2-2003 a crime was registered in F.I.R. No. 19 of 2003 for the offence under Section 224, IPC against A-1, Shaik Mahaboob Basha. The complainant is working as Court Attender and on 27-1-2003 at 5.30 p.m., as per orders of the IV Additional Junior Court Judge, Kadapa in E.P. No. 220 of 2002 in O.S. No. 120 of 2002 the judgment-debtor was in the custody of the complainant and on 30-1-2003 at about 7.30 a.m., A-1 went to attend to nature calls and escaped from the compound wall and did not return back. The same was reported to the Assistant Nazar. A Venkat Ratnam and they have ...
Official Liquidator, Suganti Alloys Castings Ltd. Vs. Edupuganti Subba ...
Court: Andhra Pradesh
Decided on: Apr-19-2006
Reported in: [2006]72SCL201(AP)
ORDERS. Ananda Reddy, J.1. This is an application filed by the Official Liquidator under Section 543(1), read with Section 458A of the Companies Act, 1956 (for brevity 'the Act') seeking for an order against the respondents-Ex. Directors for reimbursing the amount of loss caused to the company under liquidation by their inaction in not recovering the debts due to the company under liquidation, which are specifically mentioned in Schedules II and III of the Statement of Affairs filed by the first respondent.2. It is stated that against the company under liquidation, originally one of the creditors filed C.P. No. 35 of 1987 on 6.4.1987 in which an order of winding-up of the company was passed on 19.2.1988. The said order of winding-up was subsequently stayed by order dated 16.9.1988. While the said orders were continuing, another creditor viz., Jaypore Sugar Company Limited, Rayagadh District, Orissa State, filed another petition in C.P. No. 68 of 1988 on 2.11.1988 seeking winding-up of ...
New India Assurance Co. Ltd. Vs. Komma Venkateswarlu (Died) Through L. ...
Court: Andhra Pradesh
Decided on: Apr-19-2006
Reported in: 2007ACJ2760
D.S.R. Varma, J.1. Heard both sides.2. This civil miscellaneous appeal is directed against the order and decree dated 2.9.1998 passed by the Motor Accidents Claims Tribunal-cum-Third Additional District Judge, Guntur, partly allowing M.V.O.P. No. 565 of 1996, filed under Section 163-A of the Motor Vehicles Act, 1988 (for brevity 'the Act') seeking to grant a sum of Rs. 1,50,000 as compensation for the death of one Sivaiah in a road accident that occurred on 6.9.1996.3. The appellant New India Assurance Co. Ltd. is respondent No. 3, respondent Nos. 1 to 7 are claimants and respondent No. 8 is the owner of van, respectively, in the original petition.4. For the sake of convenience, in this judgment, the appellant, respondent Nos. 1 to 7 and the respondent No. 8 will be referred to as 'the insurer', 'the claimants' and 'the insured', respectively.5. This civil miscellaneous appeal is filed on two grounds, firstly, the vehicle which was required to carry only 6 passengers was carrying 12 pa...
Nile Ltd. Vs. Renewable Energy Systems Ltd. and ors.
Court: Andhra Pradesh
Decided on: Apr-18-2006
Reported in: 2006(3)ALD675; 2006(3)ALT746; [2006]132CompCas169(AP); (2006)6CompLJ547(AP)
ORDERC.V. Ramulu, J.1. This civil revision petition is filed under Article 227 of the Constitution of India being aggrieved by an Order dated 24-8-2004 made in E.A.No. 50 of 2001 in E.P. No. 32 of 1999 on the file of the learned Principal District Judge, Ranga Reddy District.2. The petitioner is the decree-holder and the 1st respondent is the judgment-debtor. The petitioner filed a suit-O.S.No. 48 of 1998 on the file of the learned Principal District Judge, Ranga Reddy District - for recovery of certain amounts and obtained a decree. Thereafter, the decree-holder filed E.P.No. 32 of 1999 for execution of the decree. In the said E.P., attachment of an amount of Rs. 2,15,40,399/-of the judgment-debtor (M/s. Renewable Energy Systems Limited, Hyderabad) lying with the garnishee i.e., Accounts Officer/Director, Department of Telecommunications (DOT), Telecom Stores, 16 Greems Road, Chennai. After hearing the parties, the Executing Court prohibited the garnishee from making payment of amount...
Dokku Raju Babu Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Apr-18-2006
Reported in: 2006(4)ALD192
ORDERV.V.S. Rao, J.1. The petitioner is a resident of Maredumaka Village, Kankipadu Mandal, Vijayawada, Krishna District. He occupied an extent of Ac.0.03 cents comprised in Survey No. 41 of the said Village and allegedly raised a thatched hut. The petitioner also alleges that the officials of the Irrigation Department have also given no objection for raising the hut. Be that as it is, he made an application to the third respondent for grant of patta in respect of the land, which is allegedly in his possession. The same was pursued by him on number of occasions. According to the petitioner though the revenue officials got an enquiry conducted into his application and though the drainage wing expressed no objection, patta was not granted, but, ultimately, by endorsement No. Rc.A. 694/2004, dated 31.3.2006, he was informed that as the land in occupation of the petitioner forms part of a drainage poramboke, the same cannot be assigned to him. He was advised to remove the encroachment. The...
Padala Bulli Bhami Reddy Vs. Sura Nagabhushan Rao and anr.
Court: Andhra Pradesh
Decided on: Apr-18-2006
Reported in: 2006(4)ALD30
ORDERS. Ananda Reddy, J.1. This civil revision petition is filed by the petitioner/plaintiff aggrieved by the order passed by the Additional Senior Civil Judge, Srikakulam in I.A.No. 250/2000 in O.S. No. 52/1997, dated 24-11-2000, under which an application filed under Order XIV Rule 12(2) read with Section 151 C.P.C., praying the Court to frame preliminary issue regarding the maintainability of the suit, was allowed, and consequently, it was declared that the suit is specifically barred and not maintainable.2. The petitioner herein filed the suit for recovery of certain amount from the respondents, who were impleaded as defendants in the suit. The said suit was filed in the year 1997, which was numbered as O.S.No. 52/1997 for recovery of amount of Rs. 93,940/- with interest. During the pendency of the suit, it is stated that the respondents 1 and 2, who were the defendants, filed I.P.No. 1/1998 and I.P.No. 2/1998, seeking declaration that they have become insolvents, and the Principal...
Rakamapalem Bhupathamma (Died) and ors. Vs. Ambakam Varathamma
Court: Andhra Pradesh
Decided on: Apr-18-2006
Reported in: 2006(4)ALD514
ORDERL. Narasimha Reddy, J.1. This civil revision petition demonstrates as to how, one wrong step would give raise to several inconsistencies, complicating the entire proceedings.2. One Rajamma had four daughters, viz., Bhupathamma-deceased, first petitioner herein, Nagamma, Varthamma-respondent herein, and Maramma. She held an extent of Ac.2.24 cents of land in Survey No. 76/3 of Karuru Village, Tada Mandal, Nellore District. She had no male issues. After the death of Rajamma, her two daughters, by name Bhupathamma and Nagamma, filed O.S. No. 129 of 1989 in the Court of Junior Civil Judge, Sullurpet, against their sisters, for the relief of partition of the land in Survey No. 76/3. An ex parte decree was passed on 19-9-1989. On the strength of the same, they filed E.P. No. 86 of 1990. In the execution proceedings, after several steps, the shares of the plaintiffs in O.S. No. 129 of 1989, being 56 cents each, were delivered on 10-6-1991.3. The defendants in the suit filed I.A. No. 328 ...
Hyderabad Beverages Private Limited Etc. Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Apr-18-2006
Reported in: 2006CriLJ3988
ORDERRamesh Ranganathan, J.1. Common questions arise for consideration in Criminal Petition Nos. 4325 of 2003, 3701 of 2004, 3856 of 2005, and 1007 of 2003, as to whether delay, in furnishing a copy of the analyst report beyond the 'Best Before' date or the expiry date of the shelf life of the product, could, by itself, be said to have resulted in the accused being denied the opportunity of sending the sample for analysis to the Central Food/ Seeds Laboratory, and in their suffering prejudice thereby. While Crl. P. No. 4325 of 2003 and Crl. P. No. 1007 of 2003 arise under the Prevention of Food Adulteration Act. Crl. P. No. 3701 of 2004 and Crl. No. 3856 of 2005 arise under the Seeds Act.Crl. P. No. 4325 of 2003:3. This petition is filed to have the proceedings in C.C. No. 213 of 2003, on the file of the Judicial First Class Magistrate, Jangaon, quashed.3. Allegations in the complaint, are that the Food Inspector took samples of Lehar 7-Up, Lehar Carbonated Water and Pepsi-Cola beverag...
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