Andhra Pradesh Court January 2007 Judgments
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Pinnaka Hanumantha Rao (Died Per L.R.) and Two ors. Vs. Garlapati Dhan ...
Court: Andhra Pradesh
Decided on: Jan-25-2007
Reported in: 2007(2)ALD435; 2007(3)ALT75
G. Bhavani Prasad, J. 1. Aggrieved by the judgment and decree in Original Suit No.70 of 1983 on the file of the Subordinate Judge's Court, Addanki, dated 30-08-1994 granting declaration of title to and possession of plaint A and B schedule properties to the plaintiff with future mesne profits and costs, while making the delivery of plaint B schedule properties subject to payment of the amount paid by defendants 1 and 2, by the plaintiff, the unsuccessful defendants filed the present appeal. The facts leading to the appeal are that the plaintiff filed the suit as an indigent person claiming that the 1st defendant is the son and the 2nd defendant is the wife of Pinnaka Nageswara Rao, and due to differences, the 2nd defendant left to her parents house along with the 1st defendant a few months after the birth of the 1st defendant and she demanded through elders settlement of her claim for maintenance and the 1st defendant's share in the family properties. Pinnaka Nageswara Rao agreed and t...
In Re: Kemira Laboratories Limited
Court: Andhra Pradesh
Decided on: Jan-25-2007
Reported in: 2007(3)ALD386; [2007]77SCL174(AP)
Bilal Nazki, J. 1. These three appeals raise same questions of law and fact and therefore, they are being disposed of by this common judgment. Facts are taken from O.S.A. No. 24 of 2005.2. This appeal is filed by the appellants against the order passed by the Company Judge in C.P. No. 199 of 2003. The Company Petition was filed by the appellants under Sections 391 and 394 of the Companies Act, 1956 (for short 'the Act'), seeking sanction of scheme of arrangement for amalgamation of the transferor Company M/s. Hetero Drugs Limited. The transferor Company was 100% subsidiary Company of the transferee Company. It was incorporated with the main objects of carrying on the business of research, design, manufacture, production and marketing of all kinds of organic and inorganic chemicals, pharmaceuticals and to carry on the business of stockists and commission agents. As per its Memorandum of Association, the authorized share capital of the transferor Company was rupees seven crores divided i...
Damera Venkata Muralikrishna Rao Vs. Chelikani Narasimha Srinivas
Court: Andhra Pradesh
Decided on: Jan-25-2007
Reported in: 2007(3)ALT600
B. Seshasayana Reddy, J.1. This second appeal is directed against the judgment dated 15-9-2006 passed in A.S. No. 23 of 2005, on the file of the Senior Civil Judge, Bobbili whereby and where under the learned Senior. Civil Judge confirmed the judgment and decree dated 6-9-2005 passed in O.S. No. 77 of 2003, on the file of the Principal Junior Civil Judge, Bobbili.2. Appellant is the defendant and the respondent is the plaintiff in O.S. No. 77 of 2003. The plaintiff filed the suit for recovery of Rs. 41,159-85 basing on a pronote executed by the defendant on 6-7-2000 for Rs. 30,770/-. Defendant took a plea that he executed the pronote, as per his auditor's advice, in favour of the plaintiff for income tax purpose. The suit promissory note is not supported by consideration.3. The trial Court framed the following issues.(1) Whether the suit pronote is not supported by cash consideration?(2) Whether the plaintiff is entitled for the suit amount as prayed for?(3) To what relief?4. On behalf...
Public Prosecutor, High Court of A.P. Vs. Rangam Subbarayudu and ors.
Court: Andhra Pradesh
Decided on: Jan-25-2007
Reported in: 2007CriLJ2789
Ghulam Mohammed, J.1. This Criminal Appeal has been filed by the State represented by the Public Prosecutor, High Court of A. P., Hyderabad, against judgment dated 24-3-1999 passed in S.C. No. 252 of 1997 by the Addl. Assistant Sessions Judge, Ananthapur, acquitting the accused-respon-dents herein.2. The case of the prosecution, in brief, is that on 25-6-1996 in early morning, at a bore-well, an altercation took place between Boy a Maruthi and one Hanumanthu, who were working on looms under Parese Srinivasulu P.W. 1 and Ramana-A-3 respectively. Thereupon, Parese Srinivasulu who went to the bore well at that time chastised both Maruthi and Hanumanthu and took Maruthi along with him to his house. That on the same day around 6.00 a.m., A-l to A-7 formed into an unlawful assembly armed with sickles, daggers, ironrods with an intention to kill PW-1, went to the house of P.W. 1. That when the accused cried out the name of PW-1, he came out of his house, thereupon the accused picked up a quar...
Ponna Kotayya and ors. Vs. Ponna Peda Kotilingam and ors.
Court: Andhra Pradesh
Decided on: Jan-25-2007
Reported in: 2007(4)ALD828; 2007(5)ALT289
P.S. Narayana, J.1. The unsuccessful parties in OS No. 100 of 1982 and OS No. 84 of 1982 on the file of the Court of Subordinate Judge, Narsapur, preferred these appeals, AS Nos. 1320 of 1991 and 1321 of 1991 respectively on the file of this Court.2. The appellants herein are the plaintiffs in OS No. 84 of 1982 and the defendants in OS No. 100 of 1982. In view of the memo filed on 15-4-1988 before the learned Subordinate Judge aforesaid, both the suits, OS No. 84 of 1982 and OS No. 100 of 1982 were clubbed and evidence was recorded in OS No. 100 of 1982 and both the suits were disposed of by a common judgment. The suit filed by the appellants-plaintiffs for declaration that they are in possession of the plaint schedule lands and for consequential relief of permanent injunction or alternatively for a decree of Rs. 24,545-75ps., with subsequent interest @ 18% p.a., the principal relief of declaration and injunction had been negatived but on the ground of equity refund had been ordered. T...
Mohammedia Co-operative Building Society Ltd. Vs. Lakshmi Sreenivasa C ...
Court: Andhra Pradesh
Decided on: Jan-25-2007
Reported in: 2007(3)ALD282
D.S.R. Varma, J. 1. Heard both sides.2. Since the issue involved, the parties, the. impugned judgment and decree being same, all the Appeal Suits are heard together and disposed of by this common judgment.3. All the appeal suits arise out of the decree and judgment, dated 19-10-2005, in O.S. No. 449 of 1984, passed by the I Additional Senior Civil Judge, Vijayawada, Krishna District.3-A. The suit O.S. No. 449 of 1984 was filed by the plaintiff-society for the relief of specific performance of the agreement of sale, dated 2-8-1982, against the Defendant Nos. 1 to 9 and 13 therein and to direct them to execute a regular sale deed in favour of the plaintiff therein on receipt of balance sale consideration and for permanent injunction restraining the defendants from interfering with the possession of the plaintiff over the suit schedule property. This suit (O.S. No. 449 of 1984) was tried along with another suit O.S. No. 200 of 1983. The suit O.S. No. 200 of 1983 was also filed by the very...
Municipal Council Vs. Mohd. Iqbal Hussain
Court: Andhra Pradesh
Decided on: Jan-24-2007
Reported in: 2007(4)ALD251
P.S. Narayana, J.1. The Municipal Council Karimnagar, the defendant in OS No. 5 of 1987 on the file of the Court of Second Additional District Judge, Karimnagar, aggrieved by the judgment and decree dated 29-6-1990 made thereunder preferred the present appeal.2. Respondent, the plaintiff in the said suit filed the suit as against the appellant-defendant, the Municipal Council, Karimangar, for recovery of damages to a tune of Rs. 1,50,000/- on the ground that the house was demolished illegally. The suit was originally instituted as O.S. No. 73 of 1983 on the file of the Court of Subordinate Judge, Karimnagar. The learned Judge on the respective pleadings of the parties, having settled the issues, recorded the evidence of PWs. 1 and 2, DWs. 1 and 3 and marked Exs. A1 to A14 and Exs. B1 to B26 and ultimately decreed the suit for Rs. 71,000/- with proportionate costs and subsequent interest from the date of decree @ 6% p.a., till the date of realization on the amount of Rs. 50,000/- and th...
Pochareddy Radhakrishna Reddy Vs. Gopalakrishna Rice Mill
Court: Andhra Pradesh
Decided on: Jan-24-2007
Reported in: 2007(5)ALD162
P.S. Narayana, J.1. Heard Sri V.S.R.Murthy, the Counsel representing the appellant.2. The only substantial question of law argued in elaboration by the learned Counsel representing the appellant is as hereunder:Whether the suit is maintainable in view of the bar imposed by Section 69(2) of the Indian Partnership Act, 1932? 3. The unsuccessful defendant in both the Courts below preferred the present second appeal. The respondent herein - the plaintiff Sri Gopalakrishna Rice Mill, Gudur, represented by its Managing Partner filed the suit O.S. No. 354/86 on the file of District Munsiff, Gudur, praying for the relief of permanent injunction.4. On the respective pleadings of the parties, the Court of first instance settled the issues, recorded the evidence of P.W.1 and D.W.1, marked Ex.A.1 to Ex.A.7 and also Exs.B.1 to Ex.B.4 and ultimately decreed the suit. Aggrieved by the same, the defendant preferred appeal A.S. No. 6/93 on the file of Subordinate Judge, Gudur, and the appellate Court a...
Oriental Insurance Co. Ltd. Vs. M. Sujatha and ors.
Court: Andhra Pradesh
Decided on: Jan-24-2007
Reported in: 2007ACJ2737
V. Eswaraiah, J.1. This civil miscellaneous appeal arises out of the judgment and decree dated 16.11.1998 in O.P. No. 109 of 1996 on the file of the Motor Accidents Claims Tribunal-cum-Second Additional Chief Judge, City Civil Court, Hyderabad.2. Appellant is Oriental Insurance Co. Ltd., represented by its Regional Manager, Begumpet, Hyderabad and the respondent Nos. 1 to 3 herein are the claimants in the above O.P. filed under Section 166 of the Motor Vehicles Act, 1988 (for brevity, 'the Act') claiming Rs. 2,00,000 as compensation alleging that due to the rash and negligent driving of the driver of the lorry bearing No. AAK 2548 the deceased, husband of the claimant No. 1; father of the claimant Nos. 2 and 3; and son of respondent No. 4 herein, died and the Tribunal held that the accident occurred due to rash and negligent driving of the driver of the said lorry and as the deceased was earning the estimated income of Rs. 1,500 per month, after deducting 1/3rd of his income, his annua...
Golla Jocob @ Yacob and ors. Vs. the State of A.P., Rep. by Public Pro ...
Court: Andhra Pradesh
Decided on: Jan-23-2007
Reported in: 2007CriLJ1934
Bilal Nazki1. On 3rd of March 2002 at 9.30 p.m., PW-1 gave a statement to PW-9 the Station House Officer, Razole Police Station, which was registered as F.I.R. in Crime No. 22 of 2002 for the offence under Section 302 read with 34 of I.P.C. In this statement, PW-1 stated that when he was returning home from a provision shop at 7 p.m. on 03.03.2002, on the tar road at Gudimoola Centre, he saw Golla Yacobu (A-1) abusing his junior paternal uncle Oguri Bhushanam (deceased). He was referring to him as bastard and asked, 'why you are abusing me for taking the toddy from your trees - you die'. After abusing, A-1 hacked Bhushanam with an axe on the rear side of his head, Nalli Devadasu (A-2) beat him with an iron rod on his forehead with force, Dondapati Vijayakumar (A-3) beat him on his head with an iron rod and Gavidi Babujee (A-4) beat him on his head. There was blood from the head of deceased and he fell on the road. His junior paternal uncle's eldest son Oguri Srinivas (PW-3) and others ...