Andhra Pradesh Court October 2007 Judgments
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Bandaru Srinivassa Rao Vs. Sreyobhilashi Chit Funds and ors.
Court: Andhra Pradesh
Decided on: Oct-03-2007
Reported in: AIR2008AP97; 2008(1)ALD392
ORDERG. Yethirajulu, J.1. This Civil Revision Petition has been filed by the fourth judgment debtor/revision petitioner, who is the legal representative of the third Judgment debtor, In E.P. No. 707 of 2002 in O.S. No. 563 of 1996 on the file of the Principal Junior Civil Judge, Khammam.2. The decree holder obtained a decree against the judgment debtors 1 to 3 during his lifetime. After obtaining the decree, the third judgment debtor by name Bandari Harinadha Bhaskar Rao died and therefore, his son was brought on record as legal representative. The execution petition was filed for attachment of the salary of the fourth Judgment debtor, who is legal representative of the third judgment debtor. The trial Court ordered attachment of the salary of the fourth judgment debtor holding that since the fourth Judgment debtor inherited the job of his father on compassionate grounds, it was treated as the property of his father, Therefore, the property is liable for attachment.3. In this connectio...
Poola Ajjam Venkataramana Vs. Poola Lakshminarayana
Court: Andhra Pradesh
Decided on: Oct-03-2007
Reported in: 2008(2)ALD585
L. Narasimha Reddy, J.1. The plaintiff in O.S. No. 6 of 1986, in the Court of Subordinate Judge, Kadiri is the appellant. He filed the suit against the respondent, for the relief of specific performance of agreement, dated 5.7.1985, in relation to 0-75 cents of land, along with 1/4th share in a well. It was alleged that as against the total consideration of Rs. 20,000/-, a sum of Rs. 19,000/- was paid, on the date of agreement, and the balance of Rs. 1,000/-was to be paid by 15.3.1986. After informing the respondent about his willingness to pay the balance, the appellant is said to have gone to the Office of Sub-Registrar on 18.2.1986, and since the respondent did not turn up, he got issued a notice, and thereafter, filed this suit. The possession of the property is said to have been delivered, on the date of agreement itself.2. The respondent filed a written statement, opposing the suit. Respondent pleaded that his eldest brother is the father of the appellant, and that the latter use...
N. Jangi Reddy and ors. Vs. Yellaram Narsimha Reddy and ors.
Court: Andhra Pradesh
Decided on: Oct-03-2007
Reported in: 2008(3)ALD39; 2008(4)ALT567
P.S. Narayana, J.1. This Court on 24.8.1998 made the following order:Admit, in view of the substantial questions of law raised in ground No. 11-A of the Memorandum of grounds of appeal are as hereunder:(A) Whether the judgment and decree passed by the lower appellate Court is valid in law, since the oral and documentary evidence of the parties is not considered and discussed?(B) Whether the sales in favour of the appellants by the respondent No. 1 are illegal and invalid for want of proof of family necessity ?(C) When the sales are by the kartha and the father, whether non-proof of family necessity is sufficient to decree the suit without proof of immoral purposes by the father ?(D) Whether the lower appellate Court is justified in finding that the sales are not properly supported by sale consideration ?2. Sri Mahipati Rao, the learned Counsel representing the appellants-defendants 2 to 7 had pointed out the substantial questions of law and would maintain that the findings recorded by ...
Patnaikuni Madhuri @ Lakshmi Kumari and ors. Vs. Baravelli Sandhya and ...
Court: Andhra Pradesh
Decided on: Oct-03-2007
Reported in: II(2008)DMC306
ORDERG.V. Seethapathy, J.1. This criminal petition is filed under Section 482, Cr.P.C. by A3 to A5 in PRC No. 14 of 2007 on the file of I Additional Chief Metropolitan Magistrate, Visakhapatnam, seeking to quash the proceedings against them for the offences under Sections 498A, 354, 342, IPC and Sections 3 and 4 of Dowry Prohibition Act.2. The first respondent herein gave a complaint to the police against the petitioner and 2 others A1 and A2 and the same was registered as Cr. No. 581 of 2006 and after due investigation, police filed a charge-sheet before the First Additional Chief Metropolitan Magistrate, Visakhapatnam and the learned Magistrate has taken cognizance of the offences under Sections 498A, 354, 342, IPC and Sections 3 and 4 of Dowry Prohibition Act against all the accused in PRC No. 14 of 2007 and issued process against them. Aggrieved by the same, the petitioners A3 to A5 who are sisters of Al, husband of first respondent-complainant, filed the present application for qu...
S.K. Raghava Chary Vs. E. Susheela Devi and ors.
Court: Andhra Pradesh
Decided on: Oct-01-2007
Reported in: 2007(6)ALD555; 2007(6)ALT199
ORDERG. Rohini, J.1. This Civil Revision Petition is directed against the order dated 7.9.2007 in I.A.No. 1026 of 2007 in O.S. No. 54 of 2007 on the file of the Court of IV Additional District Judge, Warangal, granting an ad interim injunction restraining the petitioner herein/defendant from interfering in any manner with the possession of the plaintiffs/respondents herein, in respect of the suit schedule land.2. I have heard the learned Counsel for both the parties and perused the material on record.3. At the outset, the learned senior counsel appearing for the respondents raised a preliminary objection as to the maintainability of the Revision Petition on the ground that the impugned order is appealable under Order 43, Rule 1 of Code of Civil Procedure. It is also contended that since the impugned order is only an ex parte ad-interim injunction granted for a limited period, the revision petitioner cannot invoke the jurisdiction of this Court without approaching the Court below under ...
D. Ramachandra Reddy Son of Lakshmi Reddy Vs. State of Andhra Pradesh ...
Court: Andhra Pradesh
Decided on: Oct-01-2007
Reported in: 2008(1)ALD(Cri)630
G.V. Seethapathy, J.1. This Criminal Revision Case is filed under Sections 397 and 401 Cr.P.C. assailing the order dated 20th September, 2004 in Crl.M.P. No. 468 of 2004 (SC ST SC No. 28 of 2004) on the file of the Special Judge for SCs and STs (POA) Act, Kurnool wherein the said petition filed by the Sub-Divisional Police Officer, Dhone under Section 319 Cr.P.C. seeking to implead the petitioner herein as accused was allowed.2. On a complaint given by one Harijana Teliki Chitti Paddaiah, the police registered a case in Crime No. 148 of 2003 for the offences under Sections 324, 506, 342 read with 34 IPC and Sections 3(i), (x) & (xv) of SCs and STs (POA) Act against the five accused. After investigation, the police filed the Charge Sheet against them. During the course of trial, the prosecution filed Crl.M.P. No. 468 of 2004 under Section 319 Cr.P.C. seeking to implead one D.Ramachandra Reddy as an accused and sought for issuance of summons against him on the ground that in the evidence...
illyas Ahmed Son of Mohd. Ismail Vs. State of Andhra Pradesh Represent ...
Court: Andhra Pradesh
Decided on: Oct-01-2007
Reported in: 2008CriLJ2738
G.V. Seethapathy, J.1. This Criminal Revision Case is filed under Sections 397 and 401 Cr.P.C. assailing the order dated 26-2-2004 in Crl.P. No. 59 of 2004 in S.C. No. 125 of 2003 on the file of the 4th Additional M.S.J. Hyderabad wherein the said petition filed by the petitioner-accused under Sections 227 and 228 Cr.P.C seeking to discharge him was dismissed.2. The petitioner herein is the accused who is the husband of the deceased by name Amtul Mateen (hereinafter referred to as 'the deceased' for the sake of convenience.)3. The petitioner-accused is facing the prosecution for the offences under Section 498A and 306 IPC in S.C. No. 1125 of 2003 on the file of the 4th Additional Metropolitan Sessions Judge, Hyderabad. He filed Crl.M.P. No. 59 of 2004 under Sections 227 and 228 Cr.P.C. praying for discharge on the ground that the averments contained in the Dying Declaration based on which the F.I.R. was registered do not disclose any ground to proceed against him for the alleged offenc...
C. Ramachandra Reddy and ors. Vs. Government of India and anr.
Court: Andhra Pradesh
Decided on: Oct-01-2007
Reported in: 2008(1)ALD165; 2008(4)ALT105
ORDERP.S. Narayana, J.1.This Court ordered Notice before admission on 19.7.2007 and a counter-affidavit was filed.This Court issued rule nisi on 11-9-2007.2. The writ petition is filed for a writ of mandamus or any other appropriate writ, order or direction declaring the Notification SO. No. 1489(E) dated 17.10.2005 and the consequential Notification SO. No. 1732(E) dated 9.10.2006 issued by the 1st respondent as illegal, arbitrary and violative of Article 300-A of the Constitution of India and consequently to set aside the same and to pass such other suitable orders.3. The petitioners made several averments in the affidavit filed in support of the writ petition. A counter-affidavit was filed by the 2nd respondent.4. Sri Noushad Ali, the learned Counsel representing the writ petitioners had taken this Court through the respective pleadings of the parties and also the specific rounds raised attacking the impugned notification and the consequential notification as well and would maintain...
B. Shafiulla Vs. State Transport Appellate Tribunal and ors.
Court: Andhra Pradesh
Decided on: Oct-01-2007
Reported in: 2008(2)ALD289; 2008(4)ALT183
ORDERGopalakrishna Tamada, J.1. Questioning the order dated 9.8.2002 passed in R.P. No. 96/2000 by the first respondent - State Transport Appellate Tribunal, Hyderabad, (for short, 'STAT') the present writ petition has been filed.2. Facts, in brief, are: The second respondent - State Transport Authority (for short, 'STA') having considered all the objections of the third respondent - Andhra Pradesh State Road Transport Corporation (for short, 'APSRTC'), granted a pucca permit in favour of the petitioner, by order dated 22.7.2000 in R. No. 928/B1/98, on the enclave route from Hindupur Railway Station to Mydugolam, via Laxmipuram, Srikanthapuram, Pulamathi, Manepalli, Srivaram Kanchisamudram and Nageragera. In pursuance of the said order, the Joint Transport Commissioner and Secretary, STA, Andhra Pradesh, Hyderabad vide proceedings dated 10.10.2000 in R. No. 928/B1/2000 issued pucca stage carriage permit in favour of the petitioner, for a period of five years commencing from 10.10.2000 ...
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