Andhra Pradesh Court April 2006 Judgments
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Managing Director, Alfa Laval (India) Ltd. and ors. Vs. Shailaja Putta ...
Court: Andhra Pradesh
Decided on: Apr-12-2006
Reported in: 2006(4)ALD111
ORDERL. Narasimha Reddy, J.1. The facts of this civil revision petition disclose an instance of misuse of process of Court.2. The sole respondent herein filed OS No. 1443 of 1999 in the Court of the XVIII Junior Civil Judge-cum-Additional Rent Controller, Secunderabad, for the relief of declaration that her alleged termination through notice, dated 1.11.1999, issued by the Company Secretary of the first petitioner is illegal, inoperative and not binding upon her, and for a direction to the petitioners herein to pay the arrears of pay and allowances, which the respondent would have drawn, but for the order of termination.3. The petitioners filed a written statement, pleading factual and legal aspects. The trial Court framed the issues. At the instance of the petitioners, two more issues, touching upon the jurisdiction of the civil Court to entertain the suit, and the adequacy of the Court fee paid by the respondent, were framed.4. At a time when the trial of the suit was about to commen...
Lakshmi Trading Company Vs. Dokkoda Satyavani and anr.
Court: Andhra Pradesh
Decided on: Apr-12-2006
Reported in: AIR2006AP389; 2006(4)ALD296
ORDERL. Narasimha Reddy, J.1. This C.R.P. is filed against the order dated 9-12-2002 passed by the learned 1st Additional Senior Civil Judge, Kakinada in LA. No. 1067 of 2002 in LA. No. 2124 of 1988 in O.S. No. 168 of 1988.2. The second respondent herein filed O.S. No. 168 of 1988 for recovery of certain amount against one K. Dhanraju and others. He filed LA. No. 1380 of 1988 under Order XXXVIII Rule 5 CPC and secured an order of attachment before judgment against a fishing boat. The petitioner herein filed I.A. No. 2124 of 1988 with a prayer to raise the attachment alleging that the boat was hypothecated to them. It was also pleaded that the petitioner has filed O.S. No. 45 of 1990 against K. Dhanraju for recovery of the amount.3. The enquiry into the LA. No. 2124 of 1988 and trial of O.S. No. 168 of 1988 were pending, I.A. No. 192 of 2001 was filed in that suit with a prayer to club LA. No. 2124 of 1988 with O.S. No. 45 of 1990, obviously because they were pending in the same Court. ...
A.P. State Civil Supplies Corporation Ltd. and ors. Vs. Ravuri Peraiah ...
Court: Andhra Pradesh
Decided on: Apr-12-2006
Reported in: 2006(4)ALD565
D. Appa Rao, J.1. This is an appeal preferred by the defendants 1 to 5 against the decree and judgment in O.S. No. 16 of 1997 on the file of the learned Additional District Judge, Ongole, decreeing the suit for Rs. 4,53,265/- towards rent due on the godown taken on lease by the defendants.2. The parties are described as arrayed in the suit for felicity of expression.3. It is the case of the 1st plaintiff, R-l herein, that he was a businessman owned plaint schedule godown situated in Ongole. While so, the District Manager of Civil Supplies approached him and requested to lease out the godown on a monthly rent of Rs. 15,000/- for keeping rice and other commodities. He also represented that the monthly rent would be fixed by Roads and Buildings Department (for short 'R&B; Department') as per the prevailing rates. He also promised that he would refer the matter to the R&B; Department immediately. With the said understanding, the Civil Supplies Department occupied the said godown on 5-10-19...
Srisaila Kshetra All India Arya Vysya Anna Satra Sangam and ors. Vs. P ...
Court: Andhra Pradesh
Decided on: Apr-12-2006
Reported in: 2006(5)ALD89
ORDERL. Narasimha Reddy, J.1. The respondents filed O.S. No. 49 of 2000 in the Court of Principal District Judge, Kurnool under Section 92 of CPC. They sought for a decree against the petitioners herein, for rendition of accounts for the years 1998-99 and 1999-2000 and for removal of petitioners 2 and 3 herein, from the posts of President and Secretary of Srisaila Kshetra All India Arya Vysya Anna Satra Sangam (for short 'Sangam') and for framing a scheme for proper and efficient functioning of the Sangam. The petitioners filed the written statement. They raised an objection as to the jurisdiction of the trial Court to entertain the suit. The trial Court framed the relevant issues. The first issue was as to whether the first respondent herein is a public trust, attracting the provisions of Section 92 of CPC and whether the suit for framing the scheme, is maintainable. This plea was raised by relying upon Section 156 of the Andhra Pradesh Charitable and Hindu Religious Institutions and ...
M. Madhusudhan Rao Vs. State
Court: Andhra Pradesh
Decided on: Apr-12-2006
Reported in: 2006(1)ALD(Cri)945; 2006CriLJ2987
P. Lakshmana Reddy, J.1. This is an appeal filed by the appellant-A1 against the conviction and sentences, dated 14-2-2003, passed against him in Sessions Case No. 129 of 1998 on the file of the IV Additional Metropolitan Sessions Judge, Hyderabad.2. The appellant herein is the first accused before the trial Court and therefore, he will be referred hereinafter in this judgment as accused No. 1.3. Relevant facts, in brief, are as follows:The appellant married the de facto complainant-B Ganga Manohari (P.W. 1) on 24-11-1993. On 22-5-1996 she sent a report to the Additional D.G.P., CID, Hyderabad, alleging that the appellant is her husband, who is working as R.S.I., at Security Printing Press and at the time of marriage, on insistence of her husband and his mother-A-2, her father presented to her one house, cash of Rs. 60,000/-, six tulas of gold, another Rs. 50,000/- worth of household articles as gift to them on her name and that after the marriage, her husband-A-1 has been pressurising...
Gavi Reddi Chinnammalu Vs. Koraka Simhachalam and ors.
Court: Andhra Pradesh
Decided on: Apr-12-2006
Reported in: 2007(1)ALD54; 2007(1)ALT25
L. Narasimha Reddy, J.1. This appeal is filed under Section 384 of the Indian Successions Act, 1925 (for short 'the Act') against the order of the learned District Judge, Vizianagaram dated 19.12.2003 in LA. No. 1475 of 2002 in S.O.P. No. 221 of 1997.2. Respondent Nos. 1 and 2 filed O.P. No. 221 of 1997 in the Court of District Judge, Vizianagaram for a Succession Certificate in respect of the amounts payable to late Satyam, who was employed as driver in A.P.S.R.T.C. The first respondent claims to be his wife and the second respondent, as his son. The employers, respondents 3 and 4 herein were also impleaded in the O.P. Petitioner claims that she is the daughter of late Satyam. According to her, her father did not marry anyone after death of her mother and that respondents 1 and 2 have nothing to do with her father. She was impleaded as third respondent in the O.P.3. On a consideration of the material before it, the trial Court granted Succession Certificate in favour of respondents 1 ...
Pillela Jangappa Vs. Garlapati Prakasam and ors.
Court: Andhra Pradesh
Decided on: Apr-10-2006
Reported in: 2006(4)ALD454
ORDERL. Narasimha Reddy, J.1. This CRP is filed against the order dated 6-3-2006 passed by the learned Senior Civil Judge, Bhongir, in I.A. No. 178 of 2006 in LA. No. 297 of 2003 in O.S. No. 24 of 1986.2. The petitioner is a third party in O.S. No. 24 of 1986. It was filed by the 1st respondent against Respondents 2 to 4, for the relief of partition and separate possession of the suit schedule property. A preliminary decree was passed on 24-4-1991. The decree was the subject-matter of A.S. No. 1730 of 1991 and batch, which was filed by various parties to the suit. Through a common judgment dated 5-3-2003, this Court modified the preliminary decree in certain respects. LA. No. 297 of 2003 was filed by some of the parties for passing final decree. At that stage, the petitioner sought to get himself impleaded, claiming interests for some of the items in the suit schedule property. Initially the LA. was rejected at S.R. stage, through orders dated 16-12-2005. In C.R.P. No. 6913 of 2005, th...
Depot Manager, A.P.S.R.T.C. and anr. Vs. K. Adireddy
Court: Andhra Pradesh
Decided on: Apr-10-2006
Reported in: 2006(4)ALD501
B. Prakash Rao, J. 1. Heard Sri V.T.M. Prasad, the learned Standing Counsel appearing for the appellant-Corporation and Sri G. Ravi Mohan, and other learned Counsel appearing for the respondents.2. The short interesting question, which commonly arises for consideration in these batch of cases, is as to whether, on the facts and circumstances, any distinction can be drawn in between in the cases of two punishments of one withholding increments with and another without cumulative effect awarded and whether such cases would fall within the mischief of major penalty calling for a regular enquiry as contemplated by the Regulations framed by the appellant-Corporation herein ?3. The facts, which are not in dispute, are that the respondents are the employees working with the appellant-Corporation, who initiated the disciplinary enquiry on certain allegations and ultimately on issuance of show-cause notice, the punishment of withholding of two increments with cumulative effect was imposed.4. It...
C and C Enterprises Vs. State of A.P. and anr.
Court: Andhra Pradesh
Decided on: Apr-10-2006
Reported in: II(2007)BC278
Gopala Krishna Tamada, J.1. This Criminal Appeal, by the unsuccessful complainant, is directed against the judgment dated 14.7.2000 delivered in C.C. No. 1058 of 1998 on the file of XVII Metropolitan Magistrate, Hyderabad.2. The case of the prosecution in brief is that the accused purchased Fibre Glass material for Rs. 1,30,000/- from the complainant's firm and issued three cheques bearing Nos. 005995, 005996 and 005997, dated 12.8.1998 for Rs. 40,000/- each drawn on Dhanalaxmi Bank Limited, Abids Road, Hyderabad and on presentation of those cheques in City Union Bank, they were returned with an endorsement 'Insufficient Funds'. The complainant got issued a legal notice on 14.9.1998 demanding payment of amount and stating that the accused intentionally issued the cheques without having funds in his account and he did not even claim the registered post with mala fide intention.3. The prosecution examined one Ganapathi Goud, authorized accountant, as P.W. 1 and got marked Exs.P-1 to P-8....
G. Narasimha Murthy Vs. District Collector and ors.
Court: Andhra Pradesh
Decided on: Apr-06-2006
Reported in: 2006(3)ALD370; 2006(3)ALT433
P.S. Narayana, J.1. The question of the power of the Andhra Pradesh Administrative Tribunal (in short hereinafter referred to as 'A.P.A.T.') to condone the delay beyond the period specified under Rule 17 of the Andhra Pradesh Administrative Tribunal (Procedure) Rules, 1989 (in short hereinafter referred to as 'Rules' for the purpose of convenience) beyond the period of 30 days specified had been referred to the Full Bench in the light of the decision of yet another Full Bench in G. Narsimha Rao v. Regional Joint Director of School Education, Warangal and Ors. : 2005(2)ALT469 (FB), wherein it was held that A.P.A.T. has no jurisdiction to condone delay in filing review application in the light of the language of Rule 19 of the Rules.2. Several writ petitions are being filed as against the orders of A.P.A.T. wherein the applications moved beyond time under Rule 17 are being dismissed on the ground that A.P.A.T. has no power to condone delay beyond the specified period.3. Sri Rama Rao, the...
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