Andhra Pradesh Court October 2007 Judgments
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Shaik Raheema Vs. Joint Collector and anr.
Court: Andhra Pradesh
Decided on: Oct-11-2007
Reported in: 2008(1)ALD768
ORDERP.S. Narayana, J.1. Heard Sri V. Sudhakar Reddy, the learned Counsel representing writ petitioner and the learned Government Pleader for Civil Supplies.2. The writ petition is filed for a writ of mandamus declaring the order Rc. No. D.330/2207 dated 9.7.2007 issued by the Tahsildar, Indukurpet, the 2nd respondent herein, whereunder the authorization of the petitioner is suspended pending finalization of the case under Section 6A of the Essential Commodities Act, 1955, before the Joint Collector, Nellore and further action of the 1st respondent in not passing any orders either on stay petition or on appeal filed by the petitioner on 21.7.2007 as illegal, arbitrary, violative of principles of natural justice and contrary to the provisions of A.P. State Public Distribution System Control Order, 2001, and set aside the order of the 2nd respondent and to pass such other suitable orders.3. Sri V. Sudhakar Reddy, the learned Counsel representing the writ petitioner had placed strong reli...
Vana Appanna Vs. G.V. Surya Prakasa Rao and 3 ors.
Court: Andhra Pradesh
Decided on: Oct-10-2007
Reported in: 2008(2)ALD241
L. Narasimha Reddy, J.1. The first defendant in O.S. No. 140 of 1982 in the Court of the II Additional District Munsif, Srikakulam is the appellant.2. Respondents 1 to 5 herein filed the suit for the relief of partition of suit schedule property of an extent of Ac.1.20 cents into three equal shares and to put them in possession thereof.3. For the sake of convenience, the parties are referred to as arrayed in the suit.4. The first plaintiff and his brother by name Gorle Bhaskara Rao filed O.S. No. 45 of 1950 on the file of the Principal Subordinate Judge, Srikakulam for partition against their father and other brothers. A compromise decree was passed on 11.03.1953, where under, different extents of properties were allotted to the shares of various parties. The schedule land admeasuring Ac.1.20 cents was allotted in favour of one Kodem Ammadu, the paternal aunt of the first plaintiff with certain conditions. She was entitled to have life estate as regards one-third of it and the vested r...
Srinivasa Fertilizers Corporation, (Registered Firm) Rep. by Its Manag ...
Court: Andhra Pradesh
Decided on: Oct-10-2007
Reported in: 2008(1)ALD667
ORDERP.S. Narayana, J.1. This Court ordered notice before admission on 23.05.2007 and it issued Rule Nisi on 20.06.2007. Initially, interim suspension was granted for a period of four weeks and the same was continued until further orders. W.V.M.P. No. 2185 of 2007 is filed to vacate the interim order. Sri K.V.N. Bhupal, learned Counsel representing the writ petitioner and Sri V. Ravinder Rao, learned Counsel representing respondents made submissions in elaboration. In the light of the respective submissions and also on a request made by both the learned Counsel, for final disposal, the writ petition itself is being disposed of finally.2. Sri K.V.N. Bhupal, learned Counsel representing writ petitioner, had taken this Court through the affidavit filed in support of the writ petition and would contend that merely because there is a clause relating to arbitration and merely because it is stated that the matter is concerned with the contractual obligations, the writ petition cannot be dismi...
United India Insurance Company Limited Represented by Its Divisional M ...
Court: Andhra Pradesh
Decided on: Oct-10-2007
Reported in: 2008ACJ2624; 2008(1)ALD601
ORDERN.V. Ramana, J.1. The petitioner-2nd respondent in O.P. No. 645 of 2005 has filed this C.R.P. aggrieved by the order dated 15.12.2006, passed by the Motor Accidents Claims Tribunal-cum-Additional District Judge, Kadapa, dismissing the application in I.A. (SR) No. 11142 of 2006, filed under Order I Rule 10 C.P.C. seeking to implead the owner of another vehicle and its insurer, as party respondents to the O.P.2. The learned Counsel for the petitioner submitted that since the accident in question took place because of contributory negligence of lorry and van, and the police having registered the case only against the lorry insured by the petitioner, to prove contributory negligence it necessary that the owner of the van and its insurer are made parties, and therefore, the petitioner filed the present application seeking their impleadment, but the Tribunal without considering this aspect, has dismissed the application holding it as not maintainable, that there is no provision in the M...
Reserve Bank of India Vs. Pattem Surya Prakash Rao and ors.
Court: Andhra Pradesh
Decided on: Oct-10-2007
Reported in: 2007(6)ALT563
C.V. Nagarjuna Reddy, J.Introduction1. This batch of 15 cases involves common issues and hence, they are disposed of by a common judgment.2. Writ Appeal No. 1053 of 2005 is filed by the Reserve Bank of India (for short 'the RBI') against common order of the learned Single Judge in Writ Petition No. 23156 of 2004. The learned Single Judge disposed of the said writ petition alongwith Writ Petition No. 24346 of 2004, 2501 of 2005 and W.P.M.P. No. 2333 of 2005 in Writ Petition No. 23156 of 2004.3. Writ Appeal No. 1072 of 2005 is filed by M/s. Prudential Co-operative Bank Limited (for short 'the Bank') and the Official Liquidator against common order in Writ Petition No. 2501 of 2005.4. Writ Appeal No. 1086 of 2005 is filed by Bank and the Official Liquidator against common order in Writ Petition No. 23156 of 2004.5. Writ Appeal No. 1095 of 2005 is filed by the Commissioner and Registrar of Cooperative Societies (for short 'the Registrar') against the common order in Writ Petition No. 23156...
Espi Industries and Chemicals Pvt. Ltd. Vs. Commercial Tax Officer and ...
Court: Andhra Pradesh
Decided on: Oct-10-2007
Reported in: (2008)12VST112(AP)
ORDERRamesh Ranganathan, J.1. The assessment order of the first respondent dated May 10, 2007, levying tax and penalty, is impugned in this writ petition as arbitrary, illegal and contrary to the provisions of the Andhra Pradesh Value Added Tax Act, 2005 (Act No. 5 of 2005) (hereinafter referred to as 'the APVAT Act') and the petitioner seeks a declaration that aluminium hydroxide paste, and magnesium hydroxide paste, manufactured by them, and certified by the Director, Drugs Control Administration, are 'bulk drugs' and are taxable for the assessment year 2005-06 only at four per cent under entry 16 of Schedule IV of the APVAT Act.2 The petitioner, a private limited company carrying on the business of manufacture and sale of bulk drugs, pharmaceutical formulations, etc., is an assessee with the first respondent. For the assessment year 2005-06, the petitioner reported a net turnover of Rs. 5,39,60,737 of which sale of pharmaceutical formulations were for Rs. 3,49,97,675 and bulk drugs ...
Zilla Vikalangula Sangam Rep. by Its President, T. Saidamma Vs. Govern ...
Court: Andhra Pradesh
Decided on: Oct-10-2007
Reported in: 2008(1)ALT180
ORDERP.S. Narayana, J.1. This writ petition is filed by Zilla Vikalangula Sangham, represented by its President T. Saidamma, seeking a writ of Mandamus declaring the action of the 1sl respondent in putting the petitioner organization on blacklist, vide proceedings File No. 12/1(4)/2000-2001-SD(NGO), dated 20.04.2001, and continuing the same on blacklist despite the enquiry report submitted by the 2nd and 3rd respondents mentioning that the activities of the petitioner organization for Street Children are satisfactory and the same is eligible for receiving grant-in-aid, vide their proceedings Lr. No. 3953/J3/A2/ 2002-1, dated 27.05.2002 and Lr. No. P3/112/ 2002, dated 06.06.2002, respectively, as illegal, arbitrary and violative of constitutional provisions.2. Sri Seetharam Chaparla, the learned Counsel, representing Sri K. Gani Reddy, the learned Counsel for the writ petitioner had taken this Court through the contents of affidavit filed in support of the writ petition, the respective ...
Dr. S. Krishna Rao Vs. Ushodaya Publications
Court: Andhra Pradesh
Decided on: Oct-10-2007
Reported in: 2008(2)ALD819; 2008(3)ALT522
T. Ch. Surya Rao, J.1. The unsuccessful plaintiff seeks to assail the judgment and decree dated 20.9.1986 passed by the learned Principal Subordinate Judge, Visakhapatnam, in O.S. No. 306 of 1982. He filed the suit for compensation of Rs. 50,000/- for the loss sustained by him because of the defamatory statement published by the defendant in Eenadu Telugu Daily dated 21.10.1981 and for a direction to the defendant to publish another report denying former defamatory report along with an apologetic statement.2. The quintessence of the case of the plaintiff was that while he was working as Medical Officer, Primary Health Centre at Kotturu of Srikakulam Taluk he rendered commendable service on account of which the Primary Health Centre gained prominence and stood first in rural family planning operations cases for the years 1979-80 and 1980-81 and for the services rendered by him and appreciating his conduct, character and behaviour, the District Collector felicitated him in a function hel...
K. Suvaramma and ors. Vs. A.P. Wakf Board Rep. by Its Chief Executive ...
Court: Andhra Pradesh
Decided on: Oct-09-2007
Reported in: 2008(1)ALD182; 2008(1)ALT12
L. Narasimha Reddy, J.1. Respondents in I.A. No. 803 of 2006 in O.S. No. 136 of 2006 on the file of the Andhra Pradesh Wakf Tribunal, Hyderabad (for short 'the Tribunal'), filed this writ petition, assailing the order dated 11-06-2007, passed by the Tribunal, granting temporary injunction against the petitioners.2. The A.P. Wakf Board, and a Mosque at Kowlur Village of Kurnool District, filed the suit before the Tribunal, for the relief of perpetual injunction, in respect of the suit schedule property. The respondents pleaded that they are the owners of about 42 acres of land in Sy.Nos.126 and 128 of Kowlur village, which was said to have been endowed as inam to the mosque. According them, a mosque was constructed in part of the land in Sy. No. 128, and major portion of the land is being utilized for agricultural purpose. It was alleged that the petitioners attempted to interfere with the possession of the respondents, over the suit schedule property, on account of the escalation of th...
Smt. B. Ananthamma (Died) Per Lrs. Vs. Smt. P. Balavva and anr.
Court: Andhra Pradesh
Decided on: Oct-09-2007
Reported in: 2008(3)ALD143; 2008(6)ALT15
L. Narasimha Reddy, J.1. This Second Appeal is filed by the defendants 1 and 2 in O.S. No. 1145 of 1987 in the Court of Principal District Munsif, Karimnagar. The suit was filed by the 1st respondent against the appellants and respondent No. 2. For the sake of convenience, the parties are referred to as arrayed in the suit.2. The 1st defendant is the wife of late Mallaiah. The plaintiff and defendants 2 and 3 are their daughters. Mallaiah died in or about the year 1947, by which time the plaintiff was in womb. The marriage of the eldest daughter, the 2nd defendant was performed by late Mallaiah during his lifetime. The marriage of 2nd daughter, i.e. 3rd defendant was performed after his death. The 2nd defendant and her husband were living in the house of the 1st defendant. The marriage of the plaintiff was performed, long after the death of Mallaiah. On account of the death of her husband, plaintiff lived for some time along with her mother, the 1st defendant. However, due to differenc...
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