Andhra Pradesh Court June 2006 Judgments
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irusumalla Varalakshmi and ors. Vs. Chilakapati Raju and ors.
Court: Andhra Pradesh
Decided on: Jun-16-2006
Reported in: 2006(6)ALD475; 2006(6)ALT706
C.Y. Somayajulu, J.1. The case, in brief, of the appellants who are the widow and children of Irusumalla Rama Rao (the deceased) is that the deceased, who was aged about 45 years and was working as a Grade-Ill Clerk in Food Corporation of India, died in a motor vehicle accident due to the rash and negligent driving of the Tractor and Trailor i.e. ATP 3292 with and ATP 3899 belonging to the second respondent and insured with the third respondent, due to its rash and negligent driving by the first respondent and so they are entitled to compensation of five lakh rupees from the respondents.2. Respondents 1 and 2 filed a common counter contending that the Tractor and Trailor bearing Nos. ATP 3292 and ATP 3899 did not pass through the scene of accident on the date of the accident and since the said Tractor was not involved in the accident resulting in the death of the deceased, they are not liable to pay any compensation to the appellants.3. Third respondent filed a counter admitting insura...
Vbc Fertilizers and Chemicals Limited Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Jun-16-2006
Reported in: (2007)5VST159(AP)
ORDERBilal Nazki, J.1. This is a revision against the order of the Tribunal holding that the goods were moved by way of sale and therefore the asses-see could not claim exemption on the ground that the goods were moved from Andhra Pradesh to Bihar otherwise than by way of sale and they were transferred from one branch to another branch. The following questions of law have been framed:(1) Whether the Sales Tax Appellate Tribunal is justified in holding the transactions as inter-State sales when the transactions are supported by declarations in form F and evidence of dispatch of the goods from Visakhapatnam to different destinations in Bihar ?(2) Whether the Sales Tax Appellate Tribunal is correct in concluding that a dealer should be registered on the date when the goods are dispatched from Visakhapatnam and not on the date when goods are taken delivery by the branch in Bihar ?(3) Whether the sale of goods in the delivery State after the physical landing of the goods in the course of in...
Allu Appa Rao Vs. Siriki Bapu Naidu and ors.
Court: Andhra Pradesh
Decided on: Jun-15-2006
Reported in: AIR2006AP369; 2006(5)ALD240
L. Narasimha Reddy, J.1. The 1st respondent filed O.S. No. 37 of 1996, in the Court of Senior Civil Judge, Vizianagaram, against one Jagarapu Simhachalam, for recovery of a sum of Rs. 34,000/-, on the strength of a promissory note, dated 12-10-1984. In the initial stages of the suit itself, Simhachalam died and his legal representatives, being respondents 2 to 4 herein, were brought on record. Thereafter, the suit was decreed. After the decree became final, the 1st respondent filed E.P. No. 106 of 1998, and got attached an item of landed property. At that stage, the appellant herein, filed E.A. No. 71 of 1999, under Rule 58 of Order 21 C.P.C., for raising the attachment. He pleaded that he purchased the said item of property, through sale deed dated 17-6-1996 from late Simhachalam, and that the same cannot be proceeded against, in the execution.2. The 1st respondent opposed the application and contended that the sale took place, soon after a notice in an application filed under Order 3...
Regula Krishna Vs. Kondapally Sampath Kumar and ors.
Court: Andhra Pradesh
Decided on: Jun-15-2006
Reported in: 2007(2)ALD359
C.Y. Somayajulu, J.1. Since all these three appeals arise out of a common judgment they are being disposed of by a common judgment. The property covered by the plaint schedule in all the three suits is the same.2. Kondapalli Sampath Kumar and Joga Rao, who are the younger brothers of Hemachander Rao, filed a suit on 24-8-1981 for redemption of the property covered by the mortgage deed dated 3-12-1979 executed by Hemachander for Rs. 10,000/-in favour of Regula Krishna in respect of the plaint schedule property alleging that they agreed to purchase the said property and that Regula Krishna refused to receive Rs. 10,000/- sent by them through a lawyer notice. Thereafter, probably after receiving summons in the said suit, Regula Krishna filed a suit for partition and specific performance of the agreement of sale dated 12-11-1980 executed by Hemachander Rao in his favour after receiving an advance of Rs. 1,000/- alleging that Hemachander, who mortgaged the plaint schedule property to him ea...
Jampana Rajya Lakshmi Vs. Pattapu Seenaiah and ors.
Court: Andhra Pradesh
Decided on: Jun-14-2006
Reported in: 2006(5)ALD159
ORDERG. Rohini, J.1. This revision petition is directed against the order dated 20-12-2002 in E.P. No. 60 of 2002 in O.S. No. 277 of 1997 on the file of the Principal Senior Civil Judge, Ongole.2. The facts, in brief, are as under :3. The first respondent herein filed O.S. No. 277 of 1997 for recovery of money and the same was decreed on 24-4-2000. Even during the pendency of the suit, an order of attachment before judgment under Order XXXVIII Rule 5 CPC was in operation against the schedule property. After the suit was decreed, the plaintiff? decree holder/first respondent herein filed E.P. No. 60 of 2002 for sale of the attached property. The revision petitioner/ first judgment-debtor opposed the execution proceedings contending that pending the suit, she filed I.P. No. 49 of 1998 under Section 10 of the Provincial Insolvency Act, 1920 (for short 'the Act') to adjudicate her as insolvent and the same was allowed, by virtue of which all the properties of the revision petitioner/first ...
M. Prabhakar Reddy Vs. State of A.P. and anr.
Court: Andhra Pradesh
Decided on: Jun-14-2006
Reported in: AIR2006AP386; 2006(5)ALD161
V.V.S. Rao, J.1. The appellant (hereinafter called, the plaintiff) filed suit being O.S. No. 72 of 1988 on the file of the Court of the II Additional Subordinate Judge, Warangal, for recovery of an amount of Rs. 20,295/- (Rupees twenty thousand two hundred and ninety five only) with interest by declaring that the search, seizure and collection of compounding fee of Rs. 20,000/- (Rupees twenty thousand only) is illegal. In his plaint, he alleged that he purchased teak wood in two lots, got it sawn into sizes at two different saw mills and as he could not get permit, kept the cut teak wood at Ladella village with his cousin till 10-2-1988. When he was transporting the teak, the forest officials stopped the bullock carts, registered a case being P.O.R.No. 79/B/87-88 W/N, dated 20-2-1988, and imposed compounding fee. As he was threatened with arrest, he paid the compounding fee. He alleged that the seizure and collection of compounding fee is illegal and therefore, he is entitled to such d...
Parasa Ranga Rao (Died) by Lrs. Vs. MaThe Sanjeeva Rao and ors.
Court: Andhra Pradesh
Decided on: Jun-14-2006
Reported in: AIR2006AP366; 2006(5)ALD237
L. Narasimha Reddy, J.1. The defendant in O.S. No. 29 of 1981 on the file of the Subordinate Judge, Eluru, preferred this second appeal.2. Originally, the suit was filed by Mathey Yakob and his wife Mathey Suvarthamma, for the relief of recovery of possession of the suit schedule property and for mesne profits. It was pleaded that they are the owners of the suit schedule property through an agreement of sale, dated 21-5-1975. During the pendency of the suit, both of them died and their legal representatives, the respondents herein, were brought on record. The sole defendant in O.S. No. 29 of 1981 has filed the second appeal. During pendency of the second appeal, he died and his legal representatives were brought on record.3. The respondents pleaded that the suit schedule property belongs to them and through an agreement of sale, dated 21-5-1975, Ex.B1, it was agreed to be sold to the appellants for a consideration of Rs. 10,500/-. An amount of Rs. 2,000/- was said to have been paid and...
B. Nageswara Rao and ors. Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Jun-13-2006
Reported in: 2006(4)ALD649
G.S. Singhvi, C.J.1. This petition is directed against order dated 6-6-2006 passed by the Andhra Pradesh Administrative Tribunal (for short 'the Tribunal) in V.M.A No. 629 of 2006 in O.A No. 3217 of 2006 and V.M.A No. 628 of 2006 in O.A No. 3218 of 2006.2. The petitioners are working as Junior Assistants-cum-Bill Collectors in different Mandals of West Godavari District. They were initially engaged as temporary/ part-time Bill Collectors/Karobaris. In 2001, they and Ors. similarly situated persons filed applications under Section 19 of the Administrative Tribunals Act, 1985 (for short 'the Act') for issue of directions to the State Government to regularize their services by asserting that on completion of 10 years service, they had acquired right to be regularized in accordance with the policy framed by the State Government. The applications filed by the petitioners and Ors.s were registered as O.A. Nos. 9192, 9271, 9442 and 9628 of 2001. By an order dated 4-1-2002, the Tribunal dispos...
E. Narasimha Vs. Commissioner of Prohibition and Excise and ors.
Court: Andhra Pradesh
Decided on: Jun-13-2006
Reported in: 2006(4)ALD790
ORDERG. Rohini, J.1. Since common questions of fact and law arise for consideration, these three writ petitions are heard together and decided by this common order.2. The District Collector and the Auctioning Authority, Nalgonda (Respondent No. 3 in all the writ petitions) issued Notification dated 27-5-2006 under Rule 5 of the A.P. Excise (Lease of Right of Selling by Shop and Conditions of Licence) Rules, 2005 (for short, 'the Rules') inviting sealed tenders for grant of lease of right for the sale of Indian Liquor and Foreign Liquor by shop in Nalgonda district for the lease period from 1-7-2006 to 30-6-2008. The said auction notice includes the shops in Chityal town, Nalgonda Mandal. The petitioners herein submitted their tenders for the shops in Chityal namely Shop No. 1 (Ward No. 8), Shop No. 5 (Ward No. 1) and Shop No. 3 (Ward No. 9) respectively. As per the notification, the upset prices for the above said three shops were fixed as Rs. 15,98,921/-, Rs. 14,65,411/- and Rs. 14,00...
S. Ibrahim Vs. Yusuf Miaha and ors.
Court: Andhra Pradesh
Decided on: Jun-13-2006
Reported in: 2006(5)ALD273; 2006(6)ALT171
L. Narasimha Reddy, J.1. This C.M.S.A. is filed against the judgment, dated 23-2-2006, in A.S. No. 6 of 2000 on the file of the learned Senior Civil Judge, Nandikotkur. The said appeal arose out of I.A. No. 336 of 1998 in I.A. No. 918 of 1985 in O.S. No. 386 of 1973, on the file of the learned Principal Junior Civil Judge, Nandikotkur.2. The mother of the appellant herein and her sister filed the suit, against some of the respondents herein, for the relief of partition and separate possession of the suit schedule property. A preliminary decree was passed, holding that the plaintiffs are entitled to 48/96th share (half of the suit schedule properties) and the original defendants in the suit are entitled to the remaining half. After it assumed finality, the plaintiffs filed I.A. No. 918 of 1985 with a prayer to pass final decree. A Commissioner was appointed, who, in turn, divided the suit schedule property into different shares and allotted them to the respective parties. Through order,...
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