Andhra Pradesh Court November 2007 Judgments
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Shabbir Ahmed Khan Vs. Central Bank of India and anr.
Court: Andhra Pradesh
Decided on: Nov-29-2007
Reported in: AIR2008AP85; 2008(2)ALD493; 2008(3)ALT277; IV(2008)BC155
ORDERP.S. Narayana, J.1. This Court Issued Rule nisi on 19-2-2007.2. Heard Sri C. Kodandaram, learned Counsel representing the writ petitioner, and Sri Ch. Shiva Reddy representing Sri C.V. Rajeeva Reddy, learned Counsel representing the respondents.3. Sri C. Kodandaram, learned Counsel representing the writ petitioner, had taken this Court through the respective pleadings of the parties and also had drawn the attention of this Court to the relevant rules governing the field and would maintain that even in the light of Section 64 of the Sale of Goods Act, 1930 since the process of putting and process of sale had been completed, a right had accrued to the writ petitioner, and hence, the Banking Institution cannot take such a stand so as to avoid the confirmation of sale, and hence, the writ petition to be allowed. The counsel also placed reliance on certain decisions.4. On the contrary, Sri Shiva Reddy, learned Counsel representing Sri C.V. Rajeeva Reddy, learned Counsel for the respond...
Naseema and ors. Vs. B. Nageswara Reddy and ors.
Court: Andhra Pradesh
Decided on: Nov-29-2007
Reported in: 2008(2)ALT577
ORDERC.Y. Somayajulu, J.1. This revision is preferred against the order of the trial court dismissing the petition to issue summons to a witness.2. Rule 1 of Order 16 CPC deals with issuance of summons by the Court to witnesses, who are shown in the list of witnesses filed by the parties to the suit. Revision petitioners admittedly did not file a list of witnesses intended to be examined by them.3. The contention of the learned Counsel for the revision petitioners is that inasmuch as the witness whom the revision petitioners want to summon as a witness on their behalf, was summoned by the respondents/plaintiffs as a witness on their behalf and as they failed to examine that person though he was present in the court, revision petitioners want to examine that person as a witness on their behalf, and so, even if they did not file a list of witnesses they can seek summons to that person as a witness on their behalf. I see no force in the said contention. Failure of a party to examine a wit...
S. Seshagiri S/O. S.S. Swamy Vs. the Branch Manager, State Bank of Hyd ...
Court: Andhra Pradesh
Decided on: Nov-28-2007
Reported in: 2008(4)ALD276; II(2008)DMC23
ORDERP.S. Narayana, J.1. Heard Sri P. Govinda Rajulu, learned Counsel representing the writ petitioner and Sri Ch. Siva Reddy, learned Counsel representing the respondents.2. The counsel on record had taken this Court through the respective pleadings of the parties and also the material, which had been placed before this Court.3. This writ petition is filed for a writ of mandamus declaring the action of the respondents herein in not registering the auctioned land in favour of petitioner as illegal and arbitrary and set aside the same and further direct the respondents herein to register the auctioned land to the petitioner forthwith with all consequential benefits and to pass such other suitable orders.The respondent bank filed counter-affidavit.4. In the affidavit filed in support of the writ petition, it is averred that the first respondent herein issued tender notification on 05.05.2005 to auction fixed assets on 10.06.2005 under Securitization and Reconstruction of Financial Assets...
Kadiyamsetty Venkata Rao Vs. the State of A.P.
Court: Andhra Pradesh
Decided on: Nov-28-2007
Reported in: 2008(1)ALD(Cri)423; 2008(1)ALT(Cri)273
L. Narasimha Reddy, J.1. The sole accused in S.C.No. 155 of 2005 on the file of the Sessions Judge, Vizianagaram is the appellant. He was charged with the offences punishable under Sections 498A and 302 I.P.C. The trial Court acquitted him of the charge for the offence punishable under Section 498-A I.P.C. but convicted him for the offence punishable under Section 302 I.P.C. and sentenced him to suffer imprisonment for life and to pay a fine of Rs.1,000/- (Rupees One Thousand only).2. The prosecution pleaded that the appellant killed his wife, by name Uma Maheswari, by pouring kerosene. It was stated that on 18.07.2005, the elder brother of the appellant (P.W.3) went to the house of the appellant and, while he was there, the appellant came to the house at about 9.00 p.m. in a drunken condition. It was alleged that suspecting the fidelity of his wife, the appellant poured kerosene on her and set her on fire with a match stick, and ran away from the scene of offence. It was stated that o...
Madi Sri Vasishnavi D/O. Mr. Satyanarayana Vs. Dr. Ntr University of H ...
Court: Andhra Pradesh
Decided on: Nov-27-2007
Reported in: 2008(3)ALD8; 2008(3)ALT463
ORDERGoda Raghuram, J.1. Head Sri P. Balamukunda Rao, learned Counsel for the petitioner; Sri D.V. Nagarjuna Babu, learned standing counsel for the first respondent and the learned Government Pleader for Social Welfare for the second respondent.2. The writ petition is filed aggrieved by the Memo Rc. No. 1907/2007/TR/VC.1 dated 28-07-2007 issued by the second respondent directing (requesting) the first respondent to 'keep in abeyance' the seat allotted to the petitioner for the M.B.B.S. Course. The petitioner claims to belong to the 'Bagata' tribe - a Scheduled Tribe - under a Presidential Notification by the Scheduled Castes and Scheduled Tribes Order. She claims that her father entered service in the railways and her paternal uncles, three of them, have studied up to Intermediate and are in public service and that 'Bagata' is reflected as their caste in the service records. The petitioner appeared for the Engineering and Medical Common Entrance Test, 2007 (for short 'EMCET) and was al...
Raja Ratan Gopal Sainehar (Died) Per Lrs. Vs. Rajendra Pershad and ors ...
Court: Andhra Pradesh
Decided on: Nov-27-2007
Reported in: 2008(2)ALD778; 2008(1)ALT623
L. Narasimha Reddy, J.1. Respondents filed O.S. No. 544 of 1975 against the petitioners in the Court of II Senior Civil Judge, City Civil Court, Hyderabad, for the relief of specific performance of an agreement of sale dated 28-01-1974. The trial Court dismissed the suit on 26-12-1978. Thereupon, the respondents filed CCCA No. 49 of 1979 before this Court. The appeal was allowed through judgment dated 09-09-1986 and the suit was decreed. Respondents were directed to deposit the balance of consideration of Rs. 57,300/-, with interest at 6% per annum from 28-08-1974, within two months from the date of decree. A default clause was also incorporated. The said decree became final.2. The respondents filed E.P. No. 81 of 1999 on 24-09-1999. Apart from raising several objections to the E.P., petitioners filed I.A.No.1182 of 2001, with a prayer to rescind the agreement of sale under Section 28(1) of the Specific Relief Act (for short 'the Act'). The trial Court allowed the I.A., through its ord...
Smt. S. Muni Venkatamma (Died Per L.R.) W/O. Late Venkata Swamy Reddy ...
Court: Andhra Pradesh
Decided on: Nov-27-2007
Reported in: 2008(3)ALD4; 2008(4)ALT204
ORDERL. Narasimha Reddy, J. 1. The matter arises under the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion Into Ryotwari) Act, 1948 (for short 'the Act'). The original petitioner, by name Muni Venkatamma, filed a petition before the Settlement Officer, Nellore, under Section 11 of the Act. She pleaded that her grand father was granted patta by the erstwhile Zamindar of Punaganur, in respect of Ac. 10.24 cents in Survey No. 413 of Royalpeta Village on 01.12.1942 and ever since, her predecessors in title and herself are in possession and enjoyment of the same. She filed the cist receipts and a rough patta granted in respect of the said land along with certain other documents. The Estate Officer took up the enquiry and through his order, dated 25.07.1974, the Settlement Officer rejected the claim of the petitioner, on the ground that her possession was not reflected in the subsequent adangal of the year 1355 Fasli. A finding was recorded to the effect that the rough patta r...
Abdul Khadeer Beig Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Nov-27-2007
Reported in: 2008(2)ALD33; 2008(4)ALT206
Bilal Nazki, A.C.J. 1. Heard the learned Counsel for the parties and perused the record.2. This petition has been filed by the petitioner on the ground that he is the President of Jamia Masjid, Subash Road, Secunderabad. He is aggrieved of amendment to Andhra Pradesh State Wakf Board Conduct of Election Rules, 1996 (for short 'the Rules'), effected by G.O. Ms. No. 30 dated 29.6.2005. The contention of the petitioner is that he, being the President of the Managing Committee, was entitled to be elected to the Board under Section 14 of the Wakf Act, 1995 (for short 'the Act'), but in terms of the amendment, the Government has deleted Sub-clause (ii) of Clause (a) of Sub-clause (4) of Rule 4 of the Rules, and by deletion, he no longer remains eligible for being elected as a Member of the Board. According to the learned Counsel for the petitioner, the deletion of this clause from Rule 4 of the Rules is ultra vires to Sub-section 3(i) read with Section 14(1)(b) (iv) of the Act. This is conte...
Suriti Krishna Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Nov-27-2007
Reported in: 2008(2)ALD524; 2008(5)ALT727
ORDERP.S. Narayana, J.1. Heard Sri V. Tulasi Reddy, the learned Counsel representing the writ petitioner and the learned A.G.P. for Endowments and Sri Satish Kumar, the Counsel representing respondents.2. This Court issued rule nisi on 12.2.2007 and granted interim suspension in W.P.M.P. No. 3216/2007.3. The learned Counsel representing the petitioner placed strong reliance on the order made by this Court dated 11.10.2007 in W.P. Nos. 984 and 1364 of 2007 and would maintain that in the light of the same, the writ petition to be allowed.4. The learned A.G.P. for Endowments however placed strong reliance on Section 94 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (hereinafter, in short, would be referred to as 'the Act' for the purpose of convenience) and would maintain that such power of review can be exercised.5. Heard the Counsel.6. The matter is coming under the interlocutory caption but however at the request of the Counsel, the writ peti...
Siddanthi Suryanarayana S/O Appa Rao Vs. State of A.P. Rep. by Inspect ...
Court: Andhra Pradesh
Decided on: Nov-27-2007
Reported in: 2008(1)ALD(Cri)457; 2008(1)ALT(Cri)298
Gopala Krishna Tamada, J.1. This criminal appeal is directed against the judgment dated 07-11-2003 passed in S.C.No.112 of 2002 on the file of the Court of the VIII Additional District and Sessions Judge (Fast Track Court), Visakhapatnam, convicting and sentencing the appellant - accused to suffer simple imprisonment for a period of six months for the offence punishable under Section 323 of the Indian Penal Code, 1860.2. The case of the prosecution, in nutshell, is that one Madaka Pydiraju (hereinafter referred to as 'the deceased') and PW-1 worked as driver and conductor respectively in Andhra Pradesh State Road Transport Corporation, Steel City Depot, Visakhapatnam. On 31-05-2002 at about 15-05 hours the deceased and PW-1 boarded the RTC bus bearing No. AP10Z 4377 of Route No.77-B, as driver and conductor to ply in between Munagapaka and Collectorate junction. At about 21.15 hours, when the bus reached Poorna Market Junction due to heavy traffic the deceased drove the bus very slowly...
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