Andhra Pradesh Court October 2007 Judgments
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Kalamsetti Pedda Mallam Kondaiah and ors. Vs. Government of A.P. and o ...
Court: Andhra Pradesh
Decided on: Oct-04-2007
Reported in: 2008(1)ALD539
ORDERP.S. Narayana, J.1. Heard Sri Balaji Medapalli, Counsel representing the writ petitioners and the learned Assistant Government Pleader for Land Acquisition.2. The learned Counsel for the writ petitioner had taken this Court through the contents of the affidavit filed in support of the writ petition and also the stand taken in the counter-affidavit and would maintain that the refusal to make reference on the ground that there is no specific protest in this regard cannot be sustained. The Counsel also placed strong reliance on Special Deputy Collector, Land Acquisition Unit-ILL, Singur Project v. N. Sangaiah : 2000(3)ALD43 .3. The learned Assistant Government Pleader for Land Acquisition would submit that it may be that the specific form of protest may not be necessary, but the application should be within time.The writ petition is filed for a writ of mandamus declaring the action of the respondents authorities in not referring the petitioners' applications dated 13.8.2002 under Sec...
Mohd. Shafi Vs. Hafeez Mohammed (Died) by Lrs.
Court: Andhra Pradesh
Decided on: Oct-04-2007
Reported in: 2008(2)ALD49
ORDERD. Appa Rao, J.1. This is a revision preferred by the tenant against the order in appeal -R.A. No. 278 of 2002 dated 18.10.2006 confirming the orders of eviction in RC No. 174 of 1997, on the file of learned Principal Rent Controller, Hyderabad.2. The case of the landlord in brief is that the tenant - the revision petitioner herein, executed a rental deed in his favour on 5.1.1990 agreeing to pay a monthly rent of Rs. 150-00 by 5th of every English calendar month, for Mulgi bearing Municipal No. 20-7-331 situated at Fateh Darwaza, Hyderabad. He did not pay rents for the months from January, 1997 to March, 1997 amounting to Rs. 450-00 and committed default intentionally and therefore he was liable for eviction. He also committed default in payment of rents from December 2000 to the end of December, 2001. He also pleaded that the tenant sublet the premises to the second respondent. Therefore, he prayed that the tenant be evicted.3. The tenant resisted the petition alleging that he d...
K. Sabita Vs. Assistant Provident Fund Commissioner and anr.
Court: Andhra Pradesh
Decided on: Oct-04-2007
Reported in: 2008(2)ALD115; [2008(117)FLR592]
ORDERP.S. Narayana, J.1. This Court issued notice before admission on 21.9.2007.2. Sri R.N. Reddy had taken notice and requested time to file counter-affidavit. Counter-affidavit is filed to the limited extent of stating the availability of an effective alternative remedy and reserving the right to file counter-affidavit in detail, if necessary.3. Sri V. Rajagopal Reddy, the learned Counsel representing the petitioner had taken this Court through the contents of the impugned order and would maintain that subsequent thereto on 16.4.2007 a letter was addressed to the Recovery Officer along with the documents and in view of the same, inasmuch as, the copy of the Gift Deed, Ownership Certificate and the details of loan sanctioned by the State Bank of Hyderabad had been furnished, the same to be considered, again by the 2nd respondent while making the order. The learned Counsel also had taken this Court through certain directions issued in W.P. No. 4943/2007 on 12.3.2007. The learned Counse...
The Public Prosecutor, High Court of Andhra Pradesh Vs. Md. Ankoos S/O ...
Court: Andhra Pradesh
Decided on: Oct-04-2007
Reported in: 2008(1)ALD(Cri)54; 2008(1)ALT(Cri)1
D.S.R. Varma, J. 1. Heard both sides.2. This Criminal Appeal is filed by the State assailing the judgment of acquittal, dated 09.06.2003, in Sessions Case No. 425 of 2001, passed against the respondents-accused 1 to 20 and 22 to 78, by the II Additional Sessions Judge, Warangal, for the offences allegedly committed under Sections 148, 448, 307, 302 and 120-B read with Section 109 I.P.C3. The case of prosecution, in brief, is as under:In the year 1997, some villagers of Thimmapur suspected that their cattle died due to sudden ill health and the same was caused because of practicing sorcery by some of their villagers. In order to identify them, accused 19, 60, 61, 62 and 69 called accused No. 16, who is a Mantrik, from Lingapuram village and collected some donations from each family of the village and paid to him. Upon such payment, accused No. 16 revealed the names of deceased persons, who are five in number along with one Panduga Renuka and Poshala Yeshoda (P.Ws.6 and 7). That apart, a...
Mamidi Jagannadham Vs. Yelgani Shankaraiah
Court: Andhra Pradesh
Decided on: Oct-03-2007
Reported in: 2008(1)ALD1; 2008(1)ALT94
G. Yethirajulu, J.1. This Appeal is preferred by the plaintiff in O.S. No. 55 of 1987 on the file of the learned District Munsif, Ibrahimpatnam.2. The suit was filed by the plaintiff for specific performance of an agreement of sale against the defendant and for perpetual injunction retraining the defendant and his men from interfering with the peaceful possession and enjoyment of the suit schedule land.3. The averments of the plaint discloses that the defendant offered to sell the suit land for a consideration of Rs. 1,300/- per acre. The plaintiff agreed to purchase the same and an agreement of sale covered by Ex.A-1 was executed by the defendant, wherein it was mentioned that the plaintiff paid Rs. 1,500/- towards earnest money and the possession of the property was delivered by the defendant to the plaintiff on the same day in part performance of the contract and since then, the plaintiff is in possession and enjoyment of the land. The defendant again approached the plaintiff on 16-...
Miriyala Kantayya Vs. Miriyala Venkamma and anr.
Court: Andhra Pradesh
Decided on: Oct-03-2007
Reported in: 2008(1)ALD727
L. Narasimha Reddy, J.1. The first respondent filed O.S. No. 67 of 1987 in the Court of District Munsif, Chintaalapudi, against the appellant and the second respondent, for the relief of specific performance of an agreement of sale, dated 20.08.1981. It was pleaded that the appellant and the 2nd respondent agreed to sell an extent of Ac.1.03 cents of land for a consideration of Rs. 1,050/- and that in spite of repeated demands, they did not perform their part of the contract.2. The 2nd respondent remained ex parte in the suit. The appellant alone contested the claim of the 1st respondent, by filing a written statement. According to him, the agreement of sale is a forged one and that he never agreed to sell the property. A further plea was raised to the effect that the said land was assigned in favour of his adoptive father, by name Yedla Appaiah, and that the transfer thereof is prohibited under the A.P. Assigned Lands (prohibition of Transfers) Act, 1977 (for short 'the Act'). Through...
Agri Devasenani and ors. Vs. Maudem Lakshmi and ors.
Court: Andhra Pradesh
Decided on: Oct-03-2007
Reported in: 2008(1)ALD647
L. Narasimha Reddy, J. 1. The legal representatives of the sole plaintiff in O.S. No. 610 of 1984, on the file of I Additional District Munsif, Kakinada, are the appellants. The plaintiff filed the suit against the respondents herein, for the relief of partition of items 1 to 3 of the suit schedule property, into two equal parts, and allotment of one share to him. Through its judgment, dated 1.2.1991, the trial Court passed a preliminary decree, in favour of the plaintiff, so far as item No. l of the suit schedule property is concerned. As regards the other items of property, the suit was dismissed. Aggrieved thereby, respondents 2 and 3 herein, filed A.S. No. 46 of 1991, in the Court of Principal Subordinate Judge, Kakinada. The appeal was allowed, through judgment dated 9.12.1994, and the preliminary decree passed by the trial Court was reversed.For the sake of convenience, the parties are referred to as arrayed in the suit.2. The pleadings of the parties in brief were as under:The p...
Union of India (Uoi) Vs. thellamekala Galib and ors.
Court: Andhra Pradesh
Decided on: Oct-03-2007
Reported in: 2009ACJ774; 2008(2)ALD59; 2008(6)ALT451
G. Yethirajulu, J.1. All these revision petitions and appeal are filed by the Union of India, represented by the South Central Railway, Secunderabad, against the orders of the Motor Accidents Claims Tribunal, Guntur in M.V.O.P. Nos. 1068, 181, 182 and 184 of 1999.2. The claimants met with bus accident. They filed claim petitions against the Andhra Pradesh State Road Transport Corporation (for short 'the A.P.S.R.T.C). Later, at the instance of the A.P.S.R.T.C, the South Central Railway was impleaded as 2nd respondent in the petitions. The Tribunal, while holding that there was negligence on the part of the driver of the bus held that the Railways contributed negligence to the extent of 40%.3. Section 161 of the Railways Act, 1989 reads as follows:Negligently crossing unmanned level arming:-If any person driving or leading a vehicle is negligent in crossing unmanned level crossing, he shall be punishable with imprisonment which may extend to one year.Explanation:-For the purposes of this...
Pamarti Venkayamma Vs. Koppisetty Venkata Ratnam
Court: Andhra Pradesh
Decided on: Oct-03-2007
Reported in: 2008(2)ALD144
L. Narasimha Reddy, J.1. The sole defendant in O.S. No. 158 of 1987 on the file of the Principal Subordinate Judge, Kakinada is the appellant. The deceased respondent filed the suit for the relief of specific performance of an agreement of sale, dated 5.5.1984. He pleaded that his wife late Smt. Koppisetti Mangadevi entered into an agreement with the appellant to purchase an extent of Ac.0.50 cents of land in Sy. Nos. 174/4 and 174/5 of Toorangi Village at the rate of Rs. 50,000/- per acre and a sum of Rs. 1,500/- was paid as advance. It was complained that in spite of repeated demands, the appellant did not execute the sale deeds in respect of the property agreed to be sold. Reference was made to the notices that were exchanged between the parties.2. The appellant admitted the execution of agreement and receipt of Rs. 1,500/- as advance. It was, however, contended that four sale deeds were executed in respect of Ac.0.40 cents of land in favour of the holder of the agreement i.e. Manga...
In Re: Charminar Papers Ltd.
Court: Andhra Pradesh
Decided on: Oct-03-2007
Reported in: [2008]82SCL288(AP)
ORDERRamesh Ranganathan, J.1. The Registrar, Board for Industrial and Financial Reconstruction (for short 'BIFR'), vide proceedings dated 29-11 -2001, informed this Court that, having conducted an enquiry under Section 16 of the Sick Industrial Companies (Special Provisions) Act, 1985 ('SICA' in short), the Bench of the BIFR, in its proceedings dated 19-11-2001, had recorded an opinion under Section 20(1) that it was just and equitable that M/s. Charminar Papers Limited (hereinafter referred to as M/s. C.P.L), be wound up and that its opinion be forwarded to the High Court for further action in accordance with law.2. In its proceedings dated 19-11 -2001, the BIFR noted that M/s. C.P.L. was declared a sick industrial company under Section 3(1)(o) of SICA, that State Bank of India was appointed as the Operating Agency under Section 17(3), that the scheme for rehabilitation was sanctioned vide order dated 12-1-1994, that the progress of its implementation was last reviewed at the hearing ...
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