Andhra Pradesh Court December 2007 Judgments
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Model Financial Corporation, a Company Incorporated Under the Provisio ...
Court: Andhra Pradesh
Decided on: Dec-20-2007
Reported in: III(2008)BC526
ORDERP.S. Narayana, J.1. This Court issued Rule Nisi on 26.02.2007 and also granted interim stay, in W.P.M.P.No.4716 of 2007, on that day. 2. The writ petition is filed for a writ of Mandamus declaring the action of the respondents in issuing the impugned notice, dated 23.01.2007, under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as arbitrary, illegal and violative of Article 14 of the Constitution of India; and consequently to direct the respondents not to take any further action pursuant to the said impugned notice dated 23.01.2007.3. W.V.M.P.No.2755 of 2007 is filed to vacate the interim order passed in W.P.M.P.No.4716 of 2007 on 26.02.2007. A reply affidavit also had been filed.4. Sri R.Raghunandan, learned Counsel representing the writ petitioners, had taken this Court through the relevant provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2...
Rayala M. Bhuvaneswari Vs. Nagaphanender Rayala
Court: Andhra Pradesh
Decided on: Dec-20-2007
Reported in: AIR2008AP98; 2008(2)ALD311; 2008(1)ALT613; II(2008)DMC327
ORDERBilal Nazki, J.1. After this revision was entertained, this Court, on 20.7.2007, passed an order requesting Shri Vilas Afzalpurkar, Senior Advocate to be Amicus Curiae as an important question of law was involved and this Court would like to keep on record the valuable assistance provided by the learned Senior Counsel while hearing arguments in this case.2. The petitioner is respondent in I.A.No.66 of 2006 in O.P.No.833 of 2003 pending before the Family Court at Hyderabad. The petitioner therein filed O.P. seeking a decree of divorce against the respondent-wife. During the hearing of the O.P., he moved an application under Section 45 of the Evidence Act. In this application, he submitted that in order to substantiate his case, he should be allowed to produce a hard disc relating to the conversation of his wife, recorded by him in United States of America (USA). He also contended that the respondent had admitted the voice while she was being cross-examined with respect to Ex.P-18, ...
Hindustan Petroleum Corporation Limited Vs. Employees State Insurance ...
Court: Andhra Pradesh
Decided on: Dec-20-2007
Reported in: 2008(3)ALD33; 2008(1)ALT654; [2008(117)FLR598]; (2008)IILLJ927AP
G.V. Seethapathy, J.1. This appeal is filed under Section 82 of Employees State Insurance Act, 1945 (for short, 'the Act') assailing order dated 24-08-2006 in E.I. Case No. 20 of 2003 on the file of the Chairman, Industrial Tribunal-I, Hyderabad, wherein the petition filed by the appellant under Section 75(1)(g) of the Act to declare that the appellant is not liable to pay the contribution, was dismissed.2. The second respondent passed an order AP/Ins.IX/31-2576-41 dated 18.10.2002 under Section 45A of the Act demanding contribution in respect of the employees engaged by the contractors with whom the appellant has entered into a contract for transport of the petroleum products.3. The appellant filed E.I. Case No. 20 of 2003 contending that the workers engaged by the contractors are not the employees of the appellant and that the appellant has no control over the said workers and they are not engaged in execution of any work of the appellant, and therefore, the appellant was not liable ...
Padamati Lakshmi Vs. Surpani Vykunta Rao and ors.
Court: Andhra Pradesh
Decided on: Dec-20-2007
Reported in: 2008(2)ALD588; 2008(3)ALT22
ORDERV.V.S. Rao, J.1. In both the civil revision petitions, the petitioner is the 9th defendant in O.S. No. 41 of 2001 on the file of the Court of the Senior Civil Judge, Tadepalligudem. She is also the plaintiff in O.S. No. 7 of 2003 pending before the same Court, which she filed for permanent injunction. Both the suits are being tried together recording evidence in O.S. No. 41 of 2001. O.S. No. 41 of 2001 is a partition suit filed by the first respondent herein (hereafter called, the plaintiff) against respondents 2 to 24 and the petitioner. Petitioner herein (hereafter called, the 9th defendant), and respondents 1 to 8 are children of China Gangaraju, and respondents 10 to 24 are subsequent alienees. It is the case of the petitioner that there was a family settlement in 1983 with proper physical division of the properties, and that she is in possession of her respective share, but the plaintiff and others are interfering. She, therefore, filed O.S. No. 384 of 1999 on the file of the...
M. Nirmala Vs. Dr. Gandla Balakotaiah
Court: Andhra Pradesh
Decided on: Dec-20-2007
Reported in: 2008(3)ALD486; 2008(2)ALT241
ORDERBilal Nazki, ACJ 1. This is a revision filed by the petitioner against an order passed in I.A. No. 330 of 2007 in F.C.O.P. No. 186 of 2007. The petitioner and respondent are husband and wife. The wife filed an application under Order 39 read with Section 151 of C.P.C. seeking an injunction against her husband from dispossessing her from the schedule property. In this connection, she relied on Section 19 of the Protection of Women from Domestic Violence Act, 2005 (for short, 'the Act'). In her affidavit before the trial Court, she stated that she had filed an O.P. for perpetual injunction. She submitted that respondent had purchased the schedule property from out of the funds given by her and her family members, but the property was purchased in the name of the respondent in the year 1996. From February, 1997, she was staying in the said property. The same was their matrimonial home. Due to the differences between the couple, they started living separately. She continued to live in...
Virgo Conductors Pvt. Ltd. Rep. by Its Managing Director Vs. A.P. Tran ...
Court: Andhra Pradesh
Decided on: Dec-20-2007
Reported in: AIR2008AP123; 2008(4)ALD160; 2008(2)ALT248
ORDERG.V. Seethapathy, J.1. These civil revision petitions are filed seeking to assail the order dated 08-06-2007 in I.A. No. 121 of 2007 in O.P. No. 1630 of 2003 and batch, on the file of the XIV Additional Chief Judge, Fast Track Court, City Civil Court, Hyderabad, wherein the said petitions filed by the petitioners herein under Order XIV Rule 2 C.P.C., read with Section 19 of the Mirco, Small and Medium Enterprises Development Act, 2006, (Central Act 27 of 2006)(for short 'the New Act'), praying to decide the preliminary objection regarding the maintainability of the original petitions without deposit of 75% of the awarded amount, were dismissed.2. As this batch of civil revision petitions involve common questions of fact and law and have arisen out of the impugned common order, they are heard together and being disposed of by this common order.3. The petitioners herein entered into certain contracts with the first respondent for supply of conductors, cables/wires of varying quantit...
Sabbavarapu Appanna S/O. Late Appanna and ors. Vs. the Revenue Divisio ...
Court: Andhra Pradesh
Decided on: Dec-19-2007
Reported in: 2008(2)ALD247; 2008(2)ALT744
ORDERV. Eswaraiah, J.1. In all these writ petitions similar questions are involved, as such, they are being disposed of by a common order. Insofar as W.P. No. 2985 of 2003 is concerned the petitioners question the notice issued under Section 14(5) of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for short 'the Act 1973'). In all other four writ petitions the petitioners question the resumption orders passed under the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for short 'the Act 1977), as confirmed in the appeals, on the ground that the resumption of the lands under the Act 1977 is without jurisdiction and in contravention of the provisions contained in the Act 1973.W.P. No. 2985 of 2003:2. The facts in the instant case are as follows:(a) The Revenue Divisional Officer, Visakhapatnam issued notice dated 25.01.2003 under Section 14(5) of the Act 1973 calling upon the petitioners to submit explanation within 30 day...
ifci Ltd. and ors. Vs. A.P. Scooters Ltd. (In Liquidation)
Court: Andhra Pradesh
Decided on: Dec-19-2007
Reported in: [2008]141CompCas911(AP); [2008]84SCL128(AP)
V.V.S. Rao, J.1. This application is filed by M/s. IFCI, IDBI and Standard Chartered Bank under Sections 457 and 529A of the Companies Act, 1956 ('the Act', for brevity) read with Rule 9 of the Companies (Court) Rules, 1959. The following relief is prayed:To direct the official liquidator, respondent No. 1 herein to disburse 50 per cent, of the amount of the balance sale proceeds towards the dues of interest on the basis and ratio of principal outstanding to the applicants being secured creditors pending adjudication of proof of claims after retaining balance 50 per cent, of the sale proceeds towards workmen dues, if any.2. The three applicants are secured creditors of M/s. A.P. Scooters Ltd. The said company was ordered to be wound up by this Court by an order dated August 18, 1994, in R.C.C. No. 5 of 1993. The official liquidator attached to this Court was appointed as liquidator, who took possession of the assets on January 24, 2006, from the receiver appointed by the High Court of ...
Repaka Rajya Laxmi and ors. Vs. Poldasari Komuraiah and ors.
Court: Andhra Pradesh
Decided on: Dec-19-2007
Reported in: 2009ACJ138; 2008(3)ALD80; 2008(2)ALT124
B. Seshasayana Reddy, J.1. These two civil miscellaneous appeals are directed against the judgment dated 25.07.2003 passed in O.P. No. 549 of 2001 on the file of III Chairman, Motor Vehicle Accident Claims Tribunal-cum-III Additional District Judge, Karimnagar, whereby and whereunder the learned Tribunal partly allowed the petition filed by the claimants under Section 166(1)(c) of the Motor Vehicles Act, 1988 (for short, 'the Act') and awarded compensation of Rs. 10,83,000/- with interest @ 9% per annum from the date of the petition till the date of realisation.2. Background facts in a nutshell leading to filing of these two civil miscellaneous appeals are: Repaka Prasad Rao was an Assistant Engineer in A.P.TRANSCO drawing a salary of Rs. 17,106/- per month. On 04.11.1999 at about 8.00 p.m. he was riding a scooter from Pothkapalli to Peddapalli. Poldasari Komuraiah parked tractor/trailor bearing Nos. AP 15 T 8392/8393 in the outskirts of Rangampalli on the middle of the road without an...
Kovvuri Satyanarayana Reddy and ors. Vs. Govt. of A.P. Rep. by Its Sec ...
Court: Andhra Pradesh
Decided on: Dec-19-2007
Reported in: 2008(2)ALD744; 2008(2)ALT117
ORDERC.V. Nagarjuna Reddy, J.1. This writ petition is filed for a writ of mandamus to declare notification dated 22.9.2006 issued by respondent No. 2 under the provisions of Land Acquisition Act 1894 (for short 'the Act') whereby the lands of the petitioners to the extent of Ac.4.00 in survey Nos. 313/1, 11, 12, 13, 314/4 & 5 of Mahindravada village, Anaparthy Mandal, East Godavari district are proposed to be acquired as illegal, arbitrary and contrary to the provisions of the Act. The petitioners also sought for direction to the respondents not to dispossess them from the said lands.2. The petitioners are the owners of the above mentioned lands. By notification dated 22.9.2006, the said lands are proposed to be acquired for public purpose, namely, to provide house-sites to weaker sections under Indiramma Scheme. Notice dated 26.9.2006 issued under Section 5A of the Act was served on the petitioners and in response thereto they filed their objections within the stipulated time. The obj...
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