Andhra Pradesh Court December 2007 Judgments
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In Re: Sjk Steel Plant Limited, a Company Incorporated Under the Provi ...
Court: Andhra Pradesh
Decided on: Dec-14-2007
Reported in: [2008]143CompCas161(AP)
V.V.S. Rao, J.1. This company petition filed by M/s. SJK Steel Plant Limited under Sections 100, 391 and 392 of the Companies Act, 1956 (the Act, for brevity), seeks sanction of the Court to the Scheme of Compromise/Arrangement proposed by the petitioner with their shareholders.On 16th March 1993, the petitioner company was incorporated as Sujana Metal India Limited, as per Certificate of Incorporation. Thereafter, the name of petitioner company was changed as Tadipatri Metal India Limited, which was again changed as SJK Steel Corporation Limited, and again as SJK Steel Plant Limited (the present name of the company). The present authorized share capital of the petitioner is at Rs. 1000,00,00,000/- (Thousand crore only) divided into 50,00,00,000 (fifty crores) equity shares of Rs. 10/- each and 5,00,00,000 preference shares of Rs. 100/- each. These are issued, subscribed and paid-up to the extent indicated in the petition. The main objects of the petitioner company are to produce, manu...
M. Govinda Rao and ors. Vs. A.P. State Wakf Board and ors.
Court: Andhra Pradesh
Decided on: Dec-13-2007
Reported in: 2008(2)ALD188; 2008(2)ALT429
Ramesh Ranganathan, J.1. 'Save valuable Wakf lands from being sold for a song' is a cry in anguish from Mirza Yaseen All Baig who has filed W.P. No. 21854 of 2005 in public interest to have G.O. Ms. No. 22, Minorities Welfare (Wakf.I) Department, dated 18.10.2004, quashed. He also seeks to have the sale deeds, executed in favour of respondents 6 to 11 pursuant to G.O. Ms. No. 22 dated 18.10.2004, set aside contending that crores of rupees worth Wakf property had been alienated to them for a pittance.2. The petitioner's case, in short, is that the Government Qazi had sought pemiission for sale of Wakf lands admeasuring Ac.39.16 cts on the specious plea of safeguarding it from illegal encroachment, that while these Wakf lands would have fetched between 30 to 40 lakhs per acre the sale consideration was fixed at an abysmally low price of Rs. 6 lakhs per acre and that G.O. Ms. No. 22, dated 18.10.2004 was issued by the Government according sanction for its sale to respondents 6 to 11 thoug...
P. Vimaladevi and ors. Vs. C. Subojini and ors.
Court: Andhra Pradesh
Decided on: Dec-13-2007
Reported in: 2008(2)ALD281; 2008(2)ALT11
ORDERL. Narasimha Reddy, J.1. The first respondent filed O.S. No. 226 of 2004 in the Court of I Additional Senior Civil Judge, Warangal against the petitioners and the second respondent, initially, for the relief of perpetual injunction in respect of the suit schedule property. An order of status quo is said to have been passed. At the instance of the first respondent, the trial Court appointed an Advocate Commissioner, to note the physical features. It is stated that the report is silent as to the possession of the petitioners over the suit schedule property, but gave an indication to the effect that an extent of 17 square yards of land out of the suit schedule property was encroached by the petitioners. Thereupon, the first respondent filed an application to amend the plaint to incorporate the plea of declaration of title and recovery of possession.2. The petitioners filed their written statement pleading their own independent title to the suit schedule property, and denying the clai...
Eerappa Vs. Golla Nagaiah and ors.
Court: Andhra Pradesh
Decided on: Dec-12-2007
Reported in: AIR2008AP191; 2008(2)ALD349; 2008(2)ALT416
L. Narasimha Reddy, J.1. The plaintiff in O.S. No. 3 of 1979 on the file of the learned District Munsif, Andole at Jogipet is the appellant. He filed the suit originally against one Mr.Golla Nagaiah, the sole defendant, for the relief of declaration of title, recovery of possession and ascertainment of mesne profits, in respect of the land in Survey No. 105 F (English letter equivalent to that of Telugu) of Bodmatpally Village, Medak District. During the pendency of the suit, the sole defendant died and his brothers, defendants 2 and 3 were brought on record. Subsequently, defendant No. 3 died and his legal representatives are brought on record.2. The appellant pleaded that his mother, by name Papamma, was the owner of the said property and after her death, he succeeded to the same. It was his case that succession has been granted in his favour by the revenue authorities in the year 1970. He alleged that the defendant dispossessed him from the suit land in the 1st week of June, 1977 wi...
Badri Dammaiah Vs. Kakatiya University Rep. by Its Registrar and ors.
Court: Andhra Pradesh
Decided on: Dec-12-2007
Reported in: 2008(6)ALT672
ORDERBilal Nazki, A.C.J.1. Petitioner seeks annulment of the appointment of respondent No. 6 as Assistant Professor in University College of Education, Warangal on the ground that she was appointed against a reserved vacancy as she had claimed that she was a member of Scheduled Caste Community, whereas she does not belong to the Scheduled Caste Community. Record shows that respondent No. 6 was in possession of a certificate issued by the Mandal Revenue Officer on 14.09.2005 in terms of the A.P. (SC, ST & BCs) Regulation of Issue of Community Certificates Act, 1993 (for short 'the Act').2. The learned Counsel for petitioner submits that this certificate was issued by the Mandal Revenue Officer on the basis of school records, but the school records also do not reflect that she was a member of Scheduled Caste Community. In any case, this Court is not proper forum to agitate such an issue. Certificate has been issued by the authority under the Act and in case of grievance of anybody, a mec...
Mothukuri Ranga Rao and anr. Vs. Royyala Laxminarayana and ors.
Court: Andhra Pradesh
Decided on: Dec-11-2007
Reported in: 2008(3)ALD311; 2008(4)ALT96
ORDERGopala Krishna Tamada, J.1. This review petition is filed under Section 114 C.P.C. to review the order, dated 23.12.2005 passed by this Court in CRP No. 6929 of 2005.2. Before going into the issue whether the order passed by this Court can be reviewed or not and the legal position thereof, it is necessary to refer to the facts involved in this revision. For the sake of convenience, the parties will be referred to as they are arrayed in CRP No. 6929 of 2005.3. The petitioner, Royyala Laxmi Narayana, filed an application under Section 32 of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (for brevity 'the Tenancy Act') for declaration that he is in undisputed possession of the petition schedule property and also for restoration of possession of the lands in question. The Mandal Revenue Officer, before whom the application was filed, conducted a detailed enquiry, and by his order dated 30.3.1998, dismissed the application. Aggrieved thereby, the petitione...
Sri Venkateswara Transport Contractors Vs. Singareni Collieries Co. Lt ...
Court: Andhra Pradesh
Decided on: Dec-11-2007
Reported in: III(2008)BC213
ORDERP.S. Narayana, J.1. This Court ordered Notice Before Admission on 5.11.2007 and granted interim stay for a limited period.2. This Court issued rule nisi on 10.12.2007. Respondents 1 and 2 filed W.V.M.P. No. 174/2007 to vacate the interim order.3. 3rd respondent also filed counter affidavit.4. At the request of the Counsel on record, the writ petition itself is being disposed of finally.5. The writ petition is filed for a writ of mandamus declaring the action of the respondents 1 and 2 in inviting the 3rd respondent for negotiations, who is disqualified for non-filing of the Notice Inviting Tender (NIT) relating to Inquiry No. CRP/PD/05/45/ENQ. 105/2007 dated 31.5.2007, as arbitrary, illegal and contrary to the procedure prescribed in Notice Inviting Tender and consequently direct the respondents 1 and 2 to consider the offer of the petitioner whose quotation is lowest among the qualified tenderers and to pass such other suitable orders.6. Mr. Hari Sreedhar, the learned Counsel rep...
Gaddam Buchanna Vs. M. Rajagopala Chary
Court: Andhra Pradesh
Decided on: Dec-10-2007
Reported in: 2008(2)ALD738
ORDERP.S. Narayana, J.1. These civil revision petitions are coming up 'for admission'.2. Heard Sri G. Anandam, the learned Counsel representing the revision petitioner in both the civil revision petitions and Sri Anand Kumar Kapur, who had lodged caveat on behalf of respondents in both these civil revision petitions.3. In view of the commonality of the facts, both these civil revision petitions are being disposed of by a common order.4. CRP No. 5205 of 2007 is filed as against an order made in IA No. 308 of 2007 in OS No. 30 of 2001 on the file of the Court of Junior Civil Judge, Gadwal, Mahbubnagar District. Likewise, CRP No. 5206 of 2007 is filed as against as order made in IA No. 309 of 2007 in OS No. 29 of 2001 on the file of the Court of Junior Civil Judge, Gadwal, Mahbubnagar District.5. In both these matters, the revision petitioner is the defendant in both the suits, who filed applications under Order VI Rule 17 of the Code of Civil Procedure (hereinafter referred to for short ...
Fishermen Co-operative Society Ltd. Vs. Fishermen Co-operative Society ...
Court: Andhra Pradesh
Decided on: Dec-08-2007
Reported in: 2008(1)ALD803; 2008(2)ALT159
ORDERG. Rohini, J.1. The plaintiff/revision petitioner is a Fishermen Co-operative Society registered under the A.P. Co-operative Societies Act, 1964. O.S. No. 60 of 2007 was filed by the plaintiff on the file of the Court of the Junior Civil Judge, Narsampet seeking a decree for permanent injunction restraining the defendants from interfering with the fishing rights of the plaintiff society and its members in respect of the suit schedule tank.2. The 1st defendant/respondent herein which is also a society, filed LA. No. 97 of 2007 under Section 8 of the Arbitration and Conciliation Act, 1996 praying the Court to refer the parties to arbitration on the basis of an agreement dated 29.3.2007 claiming that under the said agreement both the parties agreed to resolve the disputes by arbitration.3. The plaintiff society opposed I.A. No. 97 of 2007 denying the plea that there was an agreement between the parties to resolve the disputes by arbitration. It was also pleaded that the document date...
Global Drugs P. Ltd. (In Liquidation) Vs. M. Venkatanarayana and ors.
Court: Andhra Pradesh
Decided on: Dec-07-2007
Reported in: [2008]141CompCas935(AP); [2008]84SCL120(AP)
V.V.S. Rao, J.1. This application is filed under Section 454(5) and (5A) of the Companies Act, 1956 ('the Act', for brevity) praying this Court to take cognizance of the offence committed by accused Nos. 1 to 4 under Section 454(5) of the Act and to summon the accused for being tried and punish in accordance with Sub-sections (5) and (5A) of Section 454 of the Act for having wilfully and deliberately not complied with the requirements under Sub-sections (1), (2) and (3) of Section 454 of the Act.2. M/s. Global Drugs P. Ltd. was directed to be wound up by this Court by order dated April 5, 2005, made in R.C.C. No. 1 of 2004. The official liquidator attached to this Court was appointed as liquidator in terms of Section 449 of the Act. He filed affidavit in support of the application herein. It is stated that as per the information gathered from the Registrar of Companies, Hyderabad, accused are officers/directors of the company on the date of the order of winding up, that accused Nos. 1 ...
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