Andhra Pradesh Court August 2006 Judgments
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Eppala China Venkateswarlu and ors. Vs. Secretary to Government, Socia ...
Court: Andhra Pradesh
Decided on: Aug-03-2006
Reported in: 2006(5)ALD409
G.S. Singhvi, C.J.1. Whether in exercise of the power conferred upon it under Article 226 of the Constitution of India, the High Court can, notwithstanding the bar contained in Article 243O of the Constitution, entertain challenge to the reservation of the offices of Sarpanchas of Gram Panchayats in Mangapet Mandal, Warangal District in favour of the members of Scheduled Tribe and pass an order which will have the effect of stultifying the process of election, is the question which arises for determination in this petition filed by Shri Eppala China Venkateswarlu and 41 others for quashing order dated 24-6-2006 issued by Deputy District Election Authority and Revenue Divisional Officer, Mulugu, Warangal District (respondent No. 4).2. The petitioners are residents of various villages of Mangapet Mandal. All of them are non-tribals. They are enrolled as voters in the electoral rolls prepared under Section 11 of the Andhra Pradesh Panchayat Raj Act, 1994 (for short, 'the 1994 Act') read w...
C.V. Padmanabham, Conservator of Forests, Forest Department and anr. V ...
Court: Andhra Pradesh
Decided on: Aug-03-2006
Reported in: 2007(3)ALD377
G.S. Singhvi, C.J.1. This appeal is directed against order dated 16-6-2006 passed by the learned Single Judge in Contempt Application No. 342 of 2006 (Contempt Case No. 358 of 2006).2. The background facts:On an application made in that behalf, Assistant Director of Mines and Geology, Vizianagaram, vide his order dated 19-4-2005 accorded sanction for grant of quarry lease in favour of respondent No. 1 over an area measuring 4.50 hectares in Survey No. 1, Mulaga Village, Parvathipuram Mandal, Vizianagaram District for a period of two years commencing from 19-4-2005. After about nine months, respondent No. 1 filed Writ Petition No. 3458 of 2006 for issue of a direction to Conservator of Forests, Visakhapatnam and Divisional Forest Officer, Vizianagaram not to interfere with the quarrying operations by alleging that the officers concerned were not allowing him to operate the quarry on the pretext that the same is in the reserved forest. The writ petition was disposed of by the learned Sin...
Guntuboyina Krishna and ors. Vs. Vangapandu Balaram
Court: Andhra Pradesh
Decided on: Aug-03-2006
Reported in: 2006(6)ALT814
ORDERV. Eswaraiah, J.1. This civil revision petition is directed against the order dated 12-9-2002 passed in R.C.A. No. 9 of 1999 by the Senior Civil Judge -cum-Rent Control Appellate Authority, Vizianagaram, confirming the order dated 27-2-1999 passed in R.C.C. No. 23 of 1996 passed by the Principal Junior Civil Judge-cum-Rent Controller, Vizianagaram.2. The petitioners herein are the landlords and the respondent is the tenant. The landlords filed R.C.C. No. 23 of 1996 seeking eviction of the tenant on the grounds of wilful default in payment of rents for the months of October and November 1991 and that the tenant secured an alternative accommodation in the name of one of his family members, which is fit for residence. The tenant resisted the said eviction petition. The learned Rent Controller considered the points as to whether the tenant committed wilful default in payment of rents for the months of October and November 1991 and whether he has secured alternative accommodation in th...
State, Rep. by Cbi Vs. Smt. Monica Bedi and ors.
Court: Andhra Pradesh
Decided on: Aug-02-2006
Reported in: 2006CriLJ4457
ORDERK.C. Bhanu, J. 1. This Criminal Revision Case is directed against the Order dated 01.05.2006 made in Crl.M.P. No. 367 of 2006 in C.C. No. 3 of 2005 on the file of the Special Judge for C.B.I. Cases, Hyderabad.2. State, represented by Central Bureau of Investigation SPE/ACB (C.B.I.) filed the petition under Section 216 Cr.P.C. in the above C.C. to alter and add charges framed against A.3 to A.5, A.7 to A.9 as follows:1) to frame additional charge for the offence punishable under Section 420 I.P.C. against A.3;2) to frame charge for the offence punishable under Section 109 read with 420 I.P.C. against A.4;3) to frame charge for the offence punishable under Section 109 read with 420 and 468 I.P.C. against A.5 and A.7;4) to frame charge for the offence punishable under Section 109 read with 420 I.P.C. in place of 420 I.P.C. against A.8;5) to frame charge for the offence punishable under Section 109 read with 420 I.P.C. against A.9.The Special Court allowed the said petition in part to...
Yada Laxmi Vs. Sona Finance Corporation Rep. by Its Managing Partner K ...
Court: Andhra Pradesh
Decided on: Aug-02-2006
Reported in: 2006(5)ALD691
ORDERG. Rohini, J. 1. This revision petition is directed against the order dated 20-03-2006 in I.A. No. 110 of 2002 in I.A. No. 54 of 2000 in O.S. No. 6 of 2000 on the file of the Senior Civil Judge, Siricilla.2. The suit was filed by the first respondent herein against respondents 2 and 3 herein for recovery of a sum of Rs. 1,50,000/-. Pending the above suit, the first respondent-plaintiff filed I.A. No. 54 of 2000 under Order 38 Rule 5 of the Code of Civil Procedure seeking attachment before judgment of house bearing No. 7-1- 105 at Siricilla and the Court below ordered attachment as prayed for. While so, the revision petitioner, who is a third party to the proceedings, filed I.A. No. 110 of 2000 under Order 38 Rule 8 of the Code of Civil Procedure to raise the attachment of the property before judgment effected on 29-04-2003 in I.A. No. 54 of 2000. She pleaded ownership to the house bearing No. 7-1-105 claiming that she purchased the same from one Mittapalli Venkataiah and others un...
A.P. State Wakf Board Vs. Mohammed Shafi and anr.
Court: Andhra Pradesh
Decided on: Aug-02-2006
Reported in: 2006(5)ALD639
ORDERP.S. Narayana, J.1. Heard both the Counsel.2. Aggrieved by the order made in IA No. 370 of 2005 in R.A. No. 278 of 2002 on the file of the Additional Chief Judge, City Small Causes Court, Hyderabad, dated 30-9-2005, the Andhra Pradesh State Wakf Board, represented by its Chief Executive Officer, Nampally, Hyderabad, had preferred this civil revision petition.3. The revision petitioner as third party petitioner filed the aforesaid application under Order 1 Rule 10 read with Section 151 C.P.C. requesting the Court to implead Andhra Pradesh State Wakf Board as respondent No. 2 in R.A. No. 278 of 2002. The learned Judge recorded certain reasons and ultimately dismissed the application. Aggrieved by the same, the present civil revision petition is preferred.4. Sri S.M. Subhani, the learned Counsel representing the petitioner, would contend that the subject-matter of the litigation is wakf property and an encroacher had let out the property and the parties are fighting the litigation an...
Nimmaka Jayaraju Vs. Chief Minister of A.P. and ors.
Court: Andhra Pradesh
Decided on: Aug-02-2006
Reported in: 2006(5)ALT661
ORDERP.S. Narayana, J.1. The relief prayed for by the writ petitioner, Nimmaka Jayaraju, is for a writ or direction, more particularly one in the nature of writ of mandamus directing the District Collector -Respondent No. 5 to initiate prosecution against respondent No. 7, and direct respondent No. 2 to recover pay and allowances paid to respondent No. 7 while he represented as Member of Lok Sabha and also direct respondent No. 4 to recover pay and allowances paid to respondent No. 7 during the periods he represented as member, legislative Assembly and pass such other suitable orders.2. The interim relief prayed for is for a direction to respondent No1 to dismiss respondent No. 7 as Cabinet Minister of the Government of Andhra Pradesh during the pendancy of the writ petition and pass such other suitable orders.3. This Court ordered notice before admission on 9-6-2006 and the learned Government Pleader for General Administration Department had taken notice and requested time to file cou...
Syed Mohammed Quadri (Died) by His L.Rs. Vs. Darga Committee of Hazrat ...
Court: Andhra Pradesh
Decided on: Aug-02-2006
Reported in: 2007(1)ALD201; 2006(6)ALT174
ORDERG. Bhavani Prasad, J.1. Aggrieved by the dismissal of I.A. No. 1459 of 2005 in O.S. No. 40 of 2002 by the Principal Junior Civil Judge, Adoni, by the order dated 19-12-2005, the unsuccessful legal representatives of the deceased first plaintiff, who were already impleaded as plaintiffs 2 to 7 filed the present Civil Revision Petition.2. The facts leading to this revision are that the deceased first plaintiff Syed Mohamed Quadri filedO.S. No. 40 of 2002 against the Darga Committee of Hazrath Syed Shah Taher Qadri Saheb claiming a declaration that he is hereditary Sajjadanashin and he is the successor of Sajjadanashin of the plaint schedule Darga and for consequential permanent injunction restraining them from interfering with the management and affairs of the plaint schedule Darga Committee. During pendency of the suit, Syed Mohamed Quadri died and plaintiffs 2 to 7 were brought on record as his legal representatives. The legal representatives did not make any request for any conse...
New India Assurance Co. Ltd. Vs. Nalla Boi Susheela and anr.
Court: Andhra Pradesh
Decided on: Aug-02-2006
Reported in: 2007ACJ1844; 2006(6)ALD480; 2006(6)ALT751
D.S.R. Varma, J. 1. Heard the learned Standing Counsel appearing for the appellant-Insurance Company and the learned Counsel appearing for the respondent No. 1-claimant since none appears on behalf of respondent No. 2-owner of offending vehicle, despite service of notice.2. Aggrieved by the order and decree, dated 9-9-2003, passed by the Motor Accident Claims Tribunal-cum-Additional District Judge, Nizamabad (for brevity 'the Tribunal') allowing the petition O.P.No. 689 of 1998, filed under Section 166 of the Motor Vehicles Act, 1988 (for brevity 'the Act'), awarding a sum of Rs. 3,27,200/-, as against the claim of Rs. 2,50,000/- towards compensation to the petitioner therein, with costs and interest at 9 per cent per annum from the date of filing of the O.P., till the date of realisation, for the death of her husband, by name, Nalla Boi Chinnaiah (for brevity 'the deceased'), in a motor accident that occurred on 16-9-1998, the respondent No. 1 therein-the New India Assurance Company L...
P. Venkateswara Reddy and ors. Vs. K. Veeranjaneyulu and ors.
Court: Andhra Pradesh
Decided on: Aug-02-2006
Reported in: 2007(2)ALD469; 2007(3)ALT211
ORDERG. Rohini, J.1. This revision petition filed under Section 75 of the Provincial Insolvency Act, 1920 (for short 'the Act'), is directed against the judgment in C.M.A. No. 89 of 2001, on the file of the Court of the District Judge, Ongole, dated 19-7-2004, confirming the order dated 12-10-2001 in I.A. No. 387 of 2001 in I.P. No. 7 of 2001, on the file of the Court of the Senior Civil Judge, Darsi.2. Respondents 13 to 21, 23, 27 and 28 in I.P. No. 7 of 2001, are the petitioners herein.3. The facts, in brief, are as under:Respondents 1 to 5 herein, filed I.P. No. 7 of 2001 on the file of the Court of the Senior Civil Judge, Darsi, under Section 10 of the Act, to adjudge the estate of late Kotu Guruvulu in their hands, to declare them as insolvents, and to vest the estate of late Kotu Guruvulu in the Official Receiver. It was pleaded by them that their father Kotu Guruvulu was indebted to respondents 1 to 28 therein, and that he died without discharging the debts. It was also pleaded ...
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