Andhra Pradesh Court June 2006 Judgments
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Greater Hyderabad Petroleum Products Dealers' Association Vs. Union of ...
Court: Andhra Pradesh
Decided on: Jun-30-2006
Reported in: AIR2006AP349; 2006(4)ALD718
ORDER1. Heard both the Counsel.2. The present writ petition was earlier dismissed by a learned Single Judge of this Court dated 4-12-2002 following the judgments of the learned Single Judges of Madras High Court in W.P. No. 4566/1988 and Karnataka High Court in W.P. No. 11271/1998. In the writ appeal preferred by the petitioners'-association in W.A. No. 511/2003, the Division Bench of this Court, while setting aside the order of the Single Judge, remanded the matter for disposal afresh on merits.3. This writ petition is filed to declare the Lubricating Oils and Greases (Processing, Supply and Distribution, Regulation) Order 1987 as unconstitutional.4. The petitioner is a 'Greater Hyderabad Petroleum Products Dealers' Association' and the same is being represented by its Secretary. The case of the petitioner in the affidavit filed in support of the writ petition is that the impugned order is vitiated on the grounds of colourable exercise of power, infringing Articles 14 and 18 of the Co...
P.K. Agarwal (Died) Per Lrs. Vs. S. Raj Mohan Rao
Court: Andhra Pradesh
Decided on: Jun-30-2006
Reported in: 2006(5)ALD107; 2006(4)ALT742
ORDERV. Eswaraiah, J.1. This civil revision petition is directed against the order dated 27-4-2002 passed in R.A. No. 133 of 1998 by the Chief Judge, City Small Causes Court, Hyderabad confirming the order dated 5-3-1998 passed in R.C. No. 695 of 1995 by the IV Additional Rent Controller, Hyderabad.2. Petitioners are the tenants and the respondent is the landlord in respect of the non-residential ground floor mulgi bearing No. 5-3-486, situated at Old Topekhana, Opp. to Osmangunj, Hyderabad. The respondent filed R.C. No. 695 of 1995 on the file of the IV Additional Rent Controller, Hyderabad, for eviction of the first petitioner herein - Pawan Kumar Agarwal, Under Sections 10 (2) (v), 10 (2) (i) and 10 (2) (ii) (a) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short 'the Act') on the grounds that the tenant has secured alternative accommodation and ceased to occupy the building in question; that the tenant has committed wilful default in payment of r...
Gorthi Srinivasa Chakravarthi and anr. Vs. Vikram Book Links and ors.
Court: Andhra Pradesh
Decided on: Jun-30-2006
Reported in: 2006(5)ALD686
ORDERP.S. Narayana, J.1. Heard Sri B. Sree Rama Krishna, learned Advocate-Commissioner and Sri K. V. Bhanu Prasad, learned Counsel representing the petitioners.2. The present application is filed by the learned Advocate-Commissioner praying for enhancement of his fee from Rs. 5,000/- to Rs. 25,000/- and consequently direct the petitioners to pay Rs. 20,000/- to the Advocate-Commissioner within such period as may be determined by this Court in the interest of justice, and pass such other suitable orders.3. It is stated in the affidavit filed in support of the application that the learned Advocate-Commissioner was appointed by this Court, Vacation Bench, on 17-1-2006 for taking inventory of stock-in-trade along with books of accounts etc., of the 1st respondent-firm. It is further stated that the learned Commissioner had taken the inventory of stock-in-trade along with the accounts etc., by staying at Vijayawada for 3 days during Sankranti Vacation i.e., 20th, 21st and 22nd of January, 2...
Ushakiran Movies Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Jun-30-2006
Reported in: [2006]148STC453(AP)
Bilal Nazki, J.1. In these revisions, the orders passed by the Andhra Pradesh Sales Tax Appellate Tribunal (hereinafter referred to as, 'the Tribunal'), dated September 3, 2004 in T. A. Nos. 975 and 976 of 2002 have been challenged. It appears that the Tribunal passed common order in T. A. Nos. 575-A/01, 576/01, 975/02 and 976/02. Two revisions have been filed, being T.R.E.V.C. Nos. 213 of 2004 and 214 of 2004. T.R.E.V.C. No. 213 of 2004 has been filed against the order passed in T. A. No. 976 of 2002 and T.R.E.V.C. No. 214 of 2004 has been filed against the order passed in T. A. No. 975 of 2002. With regard to the other tax appeals there are no revisions filed.2. The facts, which led to this litigation, are that the petitioner claimed that it was a member of Hindu undivided family and was a registered dealer under the Andhra Pradesh General Sales Tax Act, 1957 (hereinafter referred to as, 'the Act'). For the assessment years 1995-96 and 1996-97, the petitioner's assessments were compl...
Dara Lavanya Vs. Chiluka Ambavva and ors.
Court: Andhra Pradesh
Decided on: Jun-30-2006
Reported in: 2007(3)ALD347
ORDERP.S. Narayana, J.1. The writ petitioner aggrieved by an order dated 29-4-2006 in the Election OP No. 23 of 2006 on the file of the Court of Senior Civil Judge, Sircilla, Karimnagar District, (Election Tribunal), had filed the present writ petition praying for a writ of certiorari calling for the records and quash the same.2. In the aforesaid OP the evidence of PW. 1, RWs. 1 to 5 was recorded by the learned Senior Civil Judge-Election Tribunal, Sircilla and Exs.Pl to P6 and Ex.Rl were marked. On appreciation of evidence available on record, the learned Judge came to a conclusion that the petitioner incurs disqualification under Section 13-B of the AP Municipalities Act, 1965 (hereinafter referred to as 'the Act' for the purpose of convenience) and accordingly allowed the OP. Aggrieved by the same, the present writ petition is filed.3. Sri Jagan Mohan Reddy, the learned Counsel representing the petitioner had taken this Court through the grounds raised and also would submit that as ...
State Election Commission Vs. K. Subbarami Raju
Court: Andhra Pradesh
Decided on: Jun-29-2006
Reported in: 2006(4)ALD829
G.S. Singhvi, C.J.1. This appeal is directed against order dated 27.6.2006 passed by the learned Single Judge in W.P.M.P. No. 16042 of 2006 in W.P. No. 12924 of 2006 whereby he suspended the operation of letter No. 329/SEC-B 1/2006 dated 11-6-2006 issued by the State Election Commission (for short 'the Commission') whereby the candidates contesting election to various Panchayat Raj Bodies have been directed to furnish list of persons to be appointed as polling agents at least one day before the date of poll.2. In the writ petition filed by him, respondent No. 1 questioned the legality of the direction issued by the Commission by contending that the same is ultra vires to the provisions of Andhra Pradesh Panchayat Raj Act, 1994 (for short 'the Act') and the Andhra Pradesh Panchayat Raj (Conduct of Elections) Rules, 2006 (for short 'the Rules'). He relied on order dated 23-6-2006 passed by the High Court in WPMP No. 15 806 of 2006 in Writ Petition No. 12718 of 2006, whereby operation of ...
Regulavalasa Rama Rao Vs. Munagavalasa Kanakaratnam
Court: Andhra Pradesh
Decided on: Jun-29-2006
Reported in: 2006(5)ALD313
ORDERV. Eswaraiah, J.1. Petitioner is a tenant and the respondent is the landlady of the premises in question bearing Dr. No. 11-217 with electricity service connection No. 370, which is fully described in the petition schedule situated at Palakonda (Village and Mandal) of Srikakulam District.2. The parties hereinafter are referred to as they are arrayed in the eviction petition in R.C.C. No. 1 of 1993 on the file of the Rent Controller-cum-Junior Civil Judge, Rajam.3. The landlady filed the eviction petition under Section 10(2)(1) of the A.P. Buildings (Rent, Lease and Eviction) Control Act (for short 'the Act') on the ground of wilful default in payment of rents from August 1992 to June 1993. It is the case of the landlady that she is the owner and enjoyer of two roomed tiled house situated in Gedelavari Street, Ward No. 11 of Palakonda bearing Door No. 11-270 with Electric Service Connection No. 370 and she has been attending the maintenance and repairs of the said house by paying t...
Kommuru Rama Mohan Rao S/O Subba Rao Vs. V. Kanaka Durgaiah and the Or ...
Court: Andhra Pradesh
Decided on: Jun-29-2006
Reported in: 2008ACJ2235; 2007(1)ALD459
C.Y. Somayajulu, J.1. First appellant and K. Hema Kumari filed a claim petition under the provisions of the Motor Vehicles Act, 1988 (the Act) alleging that when Kommuru Suryanarayana (hereinafter called the deceased), was proceeding in a rickshaw along with K. Srinivasarao and reached near Social Welfare Hostel in Kavuru village, a lorry belonging to the first respondent and insured with the second respondent, being driven in a rash and negligent manner dashed against the rickshaw resulting in grievous injuries to the deceased and so he was admitted in the hospital and died while undergoing treatment. The deceased was working as a clerk in a rice- mill and was earning Rs.1,000/- per month. First appellant, Ram Mohan Rao, his paternal uncle and Hema Kumari his widow were entirely depending on his earnings and so they are entitled to a compensation of Rs.1,00,000/- from respondents 1 and 2. Hema Kurmari died during the pendency of the proceedings before the Tribunal and so appellants 2 ...
Qamar Jehan Kauser Vs. Mohd. Ibrahim Moosa (Died) by Lrs.
Court: Andhra Pradesh
Decided on: Jun-28-2006
Reported in: 2006(4)ALD841
L. Narasimha Reddy, J.1. The defendant in O.S. No. 4093 of 1984 on the file of the VI Assistant Judge, City Civil Court, Hyderabad, is the appellant. Late Mohd. Ibrahim Moosa, alone, filed the suit. During the pendency of the proceedings, the sole plaintiff died, and his legal representatives are brought on record. For the sake of convenience, the parties are referred to, as arrayed in the suit.2. The father of the plaintiff late J. Moosa held vast extent of property, in premises bearing Nos. 4-1-866/1 and 2, at Abids Road, Hyderabad. The plaintiff and three others are his sons. The family partition of the property took place in the year 1978. The shares of the plaintiff and his another brother, by name, Md. Ismail Moosa remained joint. The division between them took place later. It is not necessary to mention, in detail, the items of property, that have fallen to the share of the plaintiff and his other brother. Suffice it to say, that the legal representatives of late Md. Ismail Moos...
G. Sudhakara Reddy Vs. Jahnavi Chit Fund Pvt. Ltd. and ors.
Court: Andhra Pradesh
Decided on: Jun-28-2006
Reported in: 2006(4)ALT665
ORDERG.V. Seethapathy, J.1. This Civil Revision Petition is filed against the order dated 26-7-2005 in E.P. No. 27 of 2004 in O.S. No. 276 of 1997 on the file of II Additional Senior Civil Judge at Vijayawada, wherein the warrant of arrest was ordered against the revision petitioner-2nd judgment-debtor.2. Heard the counsel for the revision petitioner. None appeared for the 1st respondent/decree-holder though served with the notice.3. The first respondent/decree-holder filed the suit O.S. No. 276 of 1997 and the same was decreed for an amount of Rs. 62,069/- and interest and costs. The 1st respondent filed E.P. No. 27 of 2004 for realization of total amount of Rs. 1,22,647/- under the decree. The revision petitioner/2ndjudgment-debtoris one of the guarantors for the suit transaction for 2nd respondent herein, who was the principal borrower. The execution petition was filed seeking arrest of the principal debtor and guarantors under Order 21 Rule 37 CPC in a bid to realize the decretal a...
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