Andhra Pradesh Court November 2007 Judgments
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Muthakamalli Sitaravamma and 6 ors. Vs. Soma Venkateswarlu
Court: Andhra Pradesh
Decided on: Nov-07-2007
Reported in: 2008(3)ALD164
ORDERG. Yethirajulu, J.1. This Revision Petition is filed by the respondents in A.T.C. No. 4 of 1993 on the file of the Special Officer-cum-Principal Junior Civil Judge, Guntur.2. For the purpose of convenience, the parties herein are referred to as they are arrayed in A.T.C. No. 4 of 1993.3. The A.T.C. was filed by the respondent herein for declaration that he is the statutory tenant over the petition schedule property. The respondents denied the landlord and tenant relationship between them and petitioner and pleaded that the petitioner is not entitled for the relief as prayed for. The land in respect of which the tenancy rights claimed is about 5 acres and odd. It is the contention of the petitioner that since 30 years he has been cultivating the land by raising the green grass and selling the same and was paying the rent every year annually towards lease amount. Since there is threat of dispossession by the respondents, he is entitled for the declaration of tenancy rights as prayed...
Miss Amina Sultana Abbasi Vs. D. Rajalingam Jattaiah and ors.
Court: Andhra Pradesh
Decided on: Nov-07-2007
Reported in: 2008(2)ALD41
L. Narasimha Reddy, J.1. The appellant filed O.S.No. 3118 of 1982, in the Court of I Assistant Judge, City Civil Court, Secunderabad, against the respondents, initially for the relief of perpetual injunction. Thereafter, the prayer was amended, incorporating the relief of recovery of possession of the suit schedule property. She pleaded that the suit plot, admeasuring 300 sq.yards, in Sy.No. 168 of Boudhanagar, Warasiguda, Secunderabad, was purchased by her under a sale deed dated 25.4.1963, from one Sri Gayasuddin Khan, and ever since then, she is in possession and enjoyment of the property. It was alleged that the 1st respondent, who is working as a constable in the Police Department, tried to occupy the land high handedly, and attempted to put a temporary hut on it. She alleged that the local police did not take any action on the complaint submitted by her. On finding that the plot was occupied by the 1st respondent, she got amended the suit, for the relief of recovery of possession...
Navnitlal Chandak and anr. Vs. Life Insurance Agents Federation of Ind ...
Court: Andhra Pradesh
Decided on: Nov-07-2007
Reported in: 2008(1)ALT254
ORDERL. Narasimha Reddy, J.1. The respondent filed O.S. No. 2689 of 2006, in the court of II Additional Junior Civil Judge, Visakhapatnam, against the petitioners, for the relief of permanent injunction, to restrain them and their agents, from using the logo and name of 'Life Insurance Agents Federation of India' (LIAFI), which is said to be owned by it. The trial court issued summons. On receiving the same, the petitioners approached this court, by filing this transfer CMP. It is stated that the 1st petitioner is a resident of Nagpur and the 2nd petitioner is a resident of Kolkata, and that no cause of action has arisen at Visakhapatnam. They seek transfer of the suit to any court at Nagpur of Maharastra State, or Kolkata of West Bengal State. It is stated that they are finding it difficult to defend themselves in the suit, and they have received threatening calls, endangering safety of their lives. Various proceedings that ensued in relation to the activities of the LIC Agents Federa...
Motha Balaraj Goud and anr. Vs. Pandiri Jyothi
Court: Andhra Pradesh
Decided on: Nov-07-2007
Reported in: 2008(1)ALD743
L. Narasimha Reddy, J.1. The respondent filed O.S. No. 2 of 2007 in the Court of the Senior Civil Judge, Kamareddy against the appellants, for the relief of perpetual injunction in respect of Ac.0.17 guntas of land in sub-divisions of Survey No. 133 of Elichipur Shivar, Kamareddy. She also filed LA. No. 6 of 2007 under Order 39 Rules 1 and 2 C.P.C. She pleaded that the suit schedule property was purchased by her under a registered sale deed, dated 16.12.2000, from one Smt. Kurma Sayawa and that ever since then, she is in possession and enjoyment of the property. She also referred to the pahanies and pattadar passbook issued to her.2. On behalf of the appellants, it was pleaded that the first appellant purchased an extent of Ac. 1.10 guntas of land from the same vendor way back on 23.1.1981 and subsequently, the said vendor sold away her balance of land to different persons in the year 1984 itself. It was urged that after 1984, Smt. Sayawa did not have any land in Sy. No. 133.3. Through...
Pothuri Satyanarayana Raju and anr. Vs. State of Andhra Pradesh and an ...
Court: Andhra Pradesh
Decided on: Nov-07-2007
Reported in: 2008(2)ALD747
P.S. Narayana, J.1. Heard Sri Sreenivasa Rao, representing Sri M. Lakshmana Sarma, the learned Counsel for the appellants and the learned Government Pleader for Arbitration.2. On 24.7.1998 this Court made the following orderStatus quo with regard to the possession of the suit property appearing as on today shall be maintained.3. The substantial facts of law specified in ground Nos. 2-a to h are as hereunder:(a) Whether the lower appellate Court is right in reversing the decree when the land ceiling proceedings have not become final even by 1990, the question of taking possession in 1981 does not arise.(b) Whether the lower appellate Court was right in holding that the revenue authorities did not move in the matter is not correct in view of the evidence on record especially when the property was attached and put up for auction according to the defendants' version in the suit?(c) Whether the Government is entitled to bring the plaint schedule property to the auction by attachment if the ...
Marada Venkateswara Rao Vs. Oleti Vara Lakshmi and anr.
Court: Andhra Pradesh
Decided on: Nov-07-2007
Reported in: AIR2008AP195; 2008(2)ALD(Cri)293; 2008(2)ALT348
ORDERG. Yethirajulu, J.1. This revision petition is filed by the second defendant in O.S. No. 72 of 2003 on the file of the II Additional District Judge, Vijayawada.2. The plaintiff filed the suit for partition of the suit schedule property among herself and the defendants 1 and 2. During the pendency of the suit, the plaintiff filed I.A. No. 3028 of 2004 under Section 45 of the Evidence Act to direct the second defendant to give blood by making himself available for DNA Test. The lower Court allowed the said application directing the second defendant to give his blood by making himself available for DNA Test at the center for DNA Finger Printing and Diagnostics (CDFD) at Nacharam, Hyderabad on 28.10.2004 at 10.30 a.m. and the petitioner is directed to bear the expenses for the said DNA Test as fixed by the Lab authorities either by depositing the said amount into Court or by sending the same by way of demand draft. The revision petitioner, being aggrieved by the order of the Court, pr...
B. Subba Reddy Vs. Appellate Authority for Industrial and Financial Re ...
Court: Andhra Pradesh
Decided on: Nov-06-2007
Reported in: 2008(1)ALT113
ORDERP.S. Narayana, J.1. Sri B. Subba Reddy, represented by his General Power of Attorney Holder filed the present writ petition for writ of certiorari to quash the order of the first respondent-appellate authority for Industrial and Financial Reconstruction under the Sick Industrial Companies (Special Provisions) Act, 1985, New Delhi in an appeal No. 48 of 2005, dated 28-12-2005 and consequently allow the appeal of the petitioner as prayed for and to grant such other suitable relief.2. Heard Sri Vedula Venkata Ramana learned Counsel representing the petitioner and Sri A. Raja Sekhar Reddy, learned Additional Solicitor General, Smt. M. Lakshmi Kumari, Shri P. Vikram representing Sri K. Kodanda Ram, Sri K.Gopalakrishna Murthy, Sri V.V.S.N. Raju, the learned Counsel representing the respective respondents.3. At the outset it can be stated that the serious contest appears to be between the petitioner Sri B. Subba Reddy and the 6th respondent Sri V.N. Sunanda Reddy, Managing Director, M/s ...
Pendli Jayapradha and ors. Vs. Municipal Commissioner and ors.
Court: Andhra Pradesh
Decided on: Nov-06-2007
Reported in: 2008(1)ALT101
ORDERC.Y. Somayajulu, J.1. Aggrieved by the action of the first respondent in mutating the names of respondents 2 and 3 in the municipal records as owners of house bearing No. 7-1-33 at Balasamudram, Hanamkonda, Warangal District, the petitioners filed this Writ Petition.2. The case of the petitioners is that Mr. Karunakar Reddy - husband of the first petitioner and father of petitioners 2 and 3 purchased the aforesaid property under a registered sale deed and was enjoying the property by paying municipal taxes and as respondents 2 and 3 were trying to interfere with his possession, Karunakar Reddy filed O.S. No. 912 of 1985 on the file of the Court of District Munsif, Warangal, which was dismissed for default and so respondents 2 and 3 by taking advantage of that fact, had, after the death of Karunakar Reddy, got their names mutated in the municipal records, even without putting them on notice of their claim to that property, and after coming to know about that fact, they filed an app...
Ruchi Infrastructure Limited Vs. State of A.P. Rep. by Public Prosecut ...
Court: Andhra Pradesh
Decided on: Nov-05-2007
Reported in: 2008(1)ALD(Cri)197; 2008(1)ALT(Cri)123
ORDERG.V. Seethapathy, J.1. This petition is filed under Section 482 Cr.P.C. seeking to quash the prosecution of the petitioner/A-5 in C.C.No.102 of 2006 on the file of the Judicial Magistrate of First Class, Pathikonda, Kurnool District for the offences under Sections 7(i) and 2(ia)(m) read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (for short 'the Act').2. The case of the second respondent-complainant, the Food Inspector Division-III, Kurnool District, is that on 23.06.2004 at about 01.30 pm, the Food Inspector along with his attender in the presence of mediators inspected M/s.Raghavendra Shethi Kirana Shop, 10/51, Old peta, Pathikonda, Kurnool District and the vendor A-1 was present at the time of inspection and the Food Inspector found about 64 Nos. of Ruchi No.l Vanaspathi sealed in 500 ml. Packets and A-1 stated that they are meant for human consumption and kept for sale and suspecting the same to be adulterated, the Food Inspector purchased sample ...
K. Veeraprasad Rao and anr. Vs. Commissioner of Prohibition and Excise ...
Court: Andhra Pradesh
Decided on: Nov-05-2007
Reported in: 2008(1)ALD740; 2008(1)ALT218
ORDERC.Y. Somayajulu, J.1. Questioning the order of confiscation of the tractor and trailer belonging to the petitioners by the 2nd respondent, which was confirmed by the 1st respondent in an appeal preferred by them, petitioners filed this writ petition.2. The case of the petitioners is that inasmuch as no contraband was seized from the tractor and trailer they are not liable for confiscation under the provisions of the A.P. Excise Act (the Act).3. The case of the respondents is that on reliable information that an illegal toddy depot where toddy mixed with chloral hydrate was being sold, they went to that place and found toddy being sold in a hut and a tractor and trailer in front of that hut without any attendant there and so they seized all the bottles, tubs etc., found in the hut and tractor and trailer also as it was used for carrying the illicit toddy and issued notice to the owners of the tractor and trailer to show cause why the tractor and trailer cannot be confiscated and ha...
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