Andhra Pradesh Court February 2007 Judgments
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Progressive Constructions Ltd. Vs. Mr. P.S.V.P. Vittal Rao Alias Mr. V ...
Court: Andhra Pradesh
Decided on: Feb-02-2007
Reported in: [2007]139CompCas807(AP); (2007)2CompLJ493(AP)
Bilal Nazki, J.1. This appeal raises some interesting questions of law. An application came to be filed before the Company Court by a shareholder for winding up under Section 433 of the Companies Act, 1956 (for short 'the Act'). The Company Judge, however, instead of ordering winding up, dissolved the Firm 'Progressive Engineering Company (for short 'PEC') and directed settlement of accounts amongst its partners. The contention of the learned Counsel for appellant was that in the facts and circumstances of the case, the Company Judge could have not ordered dissolution of the Firm PEC and as such, the order needs to be struck down. The Company Petition was filed by the 1st respondent namely Mr. P.S.V.P. Vittal Rao, who is since dead and his legal representatives are on record. 2. Before going to the pleadings and the questions that fall for consideration, certain other facts have to be taken note of. One is that the 1st respondent also filed an appeal against the order of the Company Ju...
Yamala Srinivasa Rao S/O Y.V. Appa Rao Vs. the Senior Manager, Central ...
Court: Andhra Pradesh
Decided on: Feb-02-2007
Reported in: 2007(2)ALD583; 2007(2)ALT607; [2007(113)FLR498]
ORDERN.V. Ramana, J.1. The petitioner, who is working as Computer Terminal Operator (CTO) in Central Bank of India (Bank) at Vijayawada, is the State President of the Central Bank of India Employees Association, Andhra Pradesh, which is affiliated to the All India Central Bank Employees Federation. The petitioner, since his appointment in 1985, has served the Bank at their various branches. While so, the petitioner who was working in the Regional Office of the Bank at Vijayawada, was by office order dated 20.10.2006 of the 2nd respondent-Regional Manager, was transferred to their branch at Benz Circle on rotation. While the petitioner was working at Benz Circle branch, the 2nd Regional Manager, by orders dated 28.12.2006 again transferred the petitioner to their branch at Narsaraopet. Impugning the said transfer order, the petitioner filed the present writ petition.2. The learned Counsel for the petitioner submitted that the petitioner, who was working in the Regional Office at Vijayaw...
Shajadi Begum (Died) by Lrs. and ors. Vs. Joint Collector and ors.
Court: Andhra Pradesh
Decided on: Feb-02-2007
Reported in: 2007(2)ALD735
ORDERS. Ananda Reddy, J.1. This civil revision petition is filed under Section 91 of A.P. (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (for short 'the Act') by the respondents 2 to 5 before the lower appellate authority, aggrieved by the orders passed by the learned Joint Collector, Medak at Sangareddy dated 12-8-2004, under which the appeal filed by the respondents 3 to 5 herein against the orders of the Mandal Revenue Officer, Toopran, dated 2-6-2003, was allowed.2. Respondents 3 to 5 herein filed an application before the Mandal Revenue Officer, Toopran under Section 40 of the Act, seeking to substitute their names as legal heirs of the original protected tenants in respect of Sy. Nos. 742 and 743 in an extent of Ac. 10.32 gts. and 19.30 gts. respectively, situated in Toopran Village and Mandal of Medak District. It was their case that the father of the 3rd respondent herein one Jangam Muthaiah was the protected tenant in respect of the above lands. After his death, the...
Balasa Sarada Vs. Talluri Anasuryamma (Died) and ors.
Court: Andhra Pradesh
Decided on: Feb-02-2007
Reported in: AIR2007AP130; 2007(2)ALD802; 2007(3)ALT4
ORDERN.V. Ramana, J.1. This C.R.P. is directed against the order dated 6.7.2006, passed by the I Additional Senior Civil Judge, Nellore, rejecting the application in I.A.C.F. No. 9970 of 2006 in O.S. No. 12 of 1993, filed by the petitioner praying to execute regular sale deed in his favour on behalf of respondent Nos. 4 to 10.2. The learned Counsel for the petitioner submitted that decree dated 12.5.2006, obtained by the petitioner in O.S. No. 127 of 1993, for execution of registered sale deed, can be got executed either by filing an application under Section 28(3)(a) of the Specific Relief Act, 1963 or by filing an execution petition under Order XXI, Rule 34 of the Code of Civil Procedure, 1908, but the Court below committed an error in holding that the application filed by the petitioner under Section 28(3)(a) of the Act is not maintainable and that his remedy is only to take steps under Order XXI, Rule 34 of the Code of Civil Procedure, 1908, and more so when the Court below does no...
G. Simhagiri Vs. Govt. of A.P. Rep. by Its Secretary, Transport, Roads ...
Court: Andhra Pradesh
Decided on: Feb-02-2007
Reported in: 2007(5)ALD171; 2007(4)ALT72
ORDERRamesh Ranganathan, J.1. In these batch of writ petitions the orders of the Tribunal under challenge are those where O.As. filed by the respondent-applicants were allowed at the admission stage without notice to the Government or to the other respondents in the O.As. Aggrieved by these orders the State Government and other employees, who have sought leave to file writ petitions against the order of the Tribunal, have approached this Court.2. While several contentions have been raised in these writ petitions, the main ground of challenge is to the inherent lack of jurisdiction of the Tribunal to allow the O.A. at the stage of admission. Since examination, of the other contentions raised, would depend on a decision on this question, we considered it appropriate to decide this question first. Elaborate arguments were advanced in this regard by Sri K. Satyanarayana, learned Counsel for the respondent-applicants. Sri P. Balakrishnamurthy, Sri J.R. Manohar Rao, Sri M. Ratna Reddy, Sri A...
Union of India (Uoi) Vs. Nakka Lalitha and ors.
Court: Andhra Pradesh
Decided on: Feb-02-2007
Reported in: 2008ACJ1821; 2007(4)ALD320
P.S. Narayana, J. 1. This civil miscellaneous appeal is filed by the Union of India, represented by General Manager, South Central Railway, Rail Nilayam, Secunderabad, being aggrieved by the decree and order made in O.A.A. No. 265/1998 dated 26-12-2001 on the file of Railway Claims Tribunal, Secunderabad.2. Respondents in the CMA are the applicants in OAA No. 265/1998 specified supra. The wife and the minor children of one deceased Nakka Srinivasarao filed the aforesaid O.A.A. claiming compensation of Rs. 4 lakhs on the ground that the said Nakka Srinivasarao, hereinafter referred to as 'deceased' for the purpose of convenience, was done to death by virtue of an alleged untoward incident of accidental fall from the train while travelling from Eluru to Vijayawada by Train No. 426 - Visakhapatnam-Vijayawada Passenger, on 26-9-1998. The Railway Claims Tribunal, hereinafter in short referred to as 'Tribunal', in the light of the respective pleadings of the parties, having settled the Issue...
K. Mallesh Mudiraj Vs. C. Sudhakar
Court: Andhra Pradesh
Decided on: Feb-02-2007
Reported in: 2007(4)ALD369
P.S. Narayana, J. 1. Heard Sri K. Maheswara Rao, Counsel representing appellant and Sri K. Mohan, Counsel representing the respondent.2. The plaintiff filed O.S. No. 229 of 2006 on the file of the Court of III-Additional Senior Civil Judge, City Civil Court, Secunderabad, for refund of advance amount said to be due under an agreement of sale as against the appellant herein, who is the defendant in the said suit and he also moved an application in I.A. No. 673 of 2006 in O.S. No. 229 of 2006 on the file of III-Additional Senior Civil Judge, Secunderabad, under Order 38 Rules 5 and 6 read with Section 151 of the Code of Civil Procedure, (hereinafter referred to as Code for the purpose of convenience) praying for a direction to furnish security of Rs. 7,50,000/- for the value of the suit, failing which to attach Flat Nos. 508 and 307 in Survey No. 106 situated at Balreddynagar, Chintal Balanagar Mandal, Ranga Reddy District. The said application was resisted by the appellant that the lear...
Pinnamshetty Kavitha Vs. Gajelli Gangadhar and anr.
Court: Andhra Pradesh
Decided on: Feb-01-2007
Reported in: AIR2007AP239; 2007(2)ALD677; 2007(2)ALT535
ORDERG. Rohini, J.1. This revision petition is directed against the order, dated 7-11-2006 in I.A. No. 59 of 2006 on the file of the Court of the Senior Civil Judge at Jagital.2. The facts, in brief, are as under:The 2nd respondent herein - Kutkam Sangaiah filed I.P. No. 25 of 2005 under Sections 7 and 10 of the Provincial Insolvency Act, 1920 (for short 'the Act'), to adjudicate him as an insolvent. The 1st respondent herein has been arrayed as respondent No. 5 in I.P. No. 25 of 2005 being one of the creditors to whom the 2nd respondent herein is indebted.3. Pending I.P. No. 25 of 2005 the 5th respondent/1st respondent herein filed I.A. No. 59 of 2006 under Section 4 of the Act to adjudicate the genuineness of a Gift Deed executed by Katkam Sangaiah in favour of his daughter Pinnamshetty Kavitha alleging that the same was nominal and fictitious and brought into existence only to defraud the creditors. It is contended by him that the house property bearing Door No. 2-1-113 which was co...
G.J.P. Prabhakar Rao and anr. Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Feb-01-2007
Reported in: 2007(3)ALD753; 2007(4)ALT694
ORDERL. Narasimha Reddy, J.1. The petitioners are advocates practising, in the Court of Junior Civil Judge, Badvel, Kadapa District. The process for appointment of Assistant Government Pleader, for that Court, has been initiated in accordance with A.P. Law Officers (Appointment and Conditions of Service) Instructions, 2000, (for short 'the Instructions'), issued in G.O. Ms. No. 187, Law (L) Department, dated 6-12-2000. According to the petitioners, a list of 7 advocates, including their names, was forwarded by the Junior Civil Judge, Badvel, the 4th respondent herein, to the District Judge, Kadapa, the 3rd respondent. The panel is said to have been returned by the 3rd respondent requiring the 4th respondent to furnish further particulars. The petitioners state that the 4th respondent called for further particulars, and after they were supplied, only 3 names were recommended as against the required 5. The petitioners filed this writ petition seeking a writ of mandamus, to declare the ac...
Shaik Ameer and anr. Vs. A.P. State Wakf Board and anr.
Court: Andhra Pradesh
Decided on: Feb-01-2007
Reported in: 2007(5)ALT221
ORDERL. Narasimha Reddy, J.1. The petitioners are defendants 7 and 9 in O.S. No. 136 of 2002 on the file of the A.P. State Wakf Tribunal (for short 'the Tribunal') filed by respondents 1 and 2 herein. They challenge the very maintainability of the suit and seek appropriate writ or direction.2. The respondents filed the suit against the petitioners and ten others, for the relief of perpetual injunction. It was pleaded that Acs. 11.56 cents of land in Sy. No. 126 of Kowlur Village of Panyam Mandal, Kurnool District shown in the suit schedule belongs to a local Mosque and that the petitioners and other defendants in the suit are trying to interfere with the possession of the land. The petitioners contend that Section 83 of the Wakf Act, 1995 (for short 'the Act') provides for filing of suits only by those persons, who are aggrieved by an order passed under the Act or the Rules and viewed in this context, the suit filed by the respondents is not maintainable.3. Sri. E. Ayyapu Reddy, the le...
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