Andhra Pradesh Court February 2007 Judgments

Venture Global Engineering Company Vs. Satyam Computer Services Ltd. a ...

Court: Andhra Pradesh

Reported in: 2007(3)ALD433; 2007(3)ALT471; 2007(3)ARBLR150(AP); [2007]138CompCas779(AP)

D.S.R. Varma, J.1. Heard both sides.2. This City Civil Court Appeal is directed against the order and decree, dated 28-12-2006, passed by the Additional Chief Jude, City Civil Court, Secunderabad, allowing the application .A. No. 2042 of 2006 in O.S. No. 80 of 2006, and rejecting the plaint, while exercising its jurisdiction under Order VII Rule 11 read with Section 151 of the Code of Civil Procedure.3. Appellant is the plaintiff and the respondents are the defendants, in the suit, before the Court below.4. For the sake of convenience, in this judgment, the parties will be referred to as per their array in the suit.5. The basic facts, which are relevant, are that the plaintiff - Venture Global Engineering, is a registered company, having its principal offices at 33662, James J Pampo Drive, Fraser Michigan, United States of America (for brevity 'the U.S.A'). The defendant No. 1-Satyam Computer Services Limited, is also a registered company, having its office at Mayfair Centre, S.P. Road...

Jaggampeta Co-operative Rural Bank Ltd. Vs. Deputy Registrar of Co-ope ...

Court: Andhra Pradesh

Reported in: 2007(3)ALD505; 2007(4)ALT180

L. Narasimha Reddy, J.1. These three writ petitions are directed against the common order, dated 13.10.2005, passed by the Andhra Pradesh Co-operative Tribunal at Visakhapatnam in O.A. Nos. 32, 33 and 34 of 2005.2. The petitioner is a Society registered under the Andhra Pradesh Co-operative Societies Act, 1964 (for short 'the Act'). The third respondent herein functioned as the President of the Society between 1.8.1995 and 8.9.2003. The District Co-operative Officer, Kakinada, directed an enquiry, under Section 51 of the Act, into the working of the said Society, through his proceedings dated 29.4.2003. The enquiry was conducted by the Divisional Co-operative Officer, Peddapuram and a report was submitted on 2.9.2004, pointing out certain financial irregularities on the part of the third respondent and the then Secretary, by name G. Trimurthulu. On the basis of this report, proceedings were initiated under Section 60 of the Act and the second respondent was authorised in this regard.3....

Vijai Electricals Ltd. Vs. Mohan Exports (India) Pvt. Ltd.

Court: Andhra Pradesh

Reported in: 2007(3)ALD583; 2008(2)ALT449

ORDERS. Ananda Reddy, J.1. By this application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to 'the Act'), the applicant seeks appointment of an Arbitrator for adjudication of the dispute between the parties.2. It is stated that the applicant is a Company registered under the Companies Act, 1956 carrying on business of manufacturing of Power and Distribution Transformers in India. The respondent is also a company registered under the provisions of the Companies Act, 1956 and carrying on business of trading by exporting the goods manufactured in India to outside the country. In the process of its business, the respondent entered into a purchase agreement with the applicant on 25-6-2003 for the supply of 2000 nos. distribution transformers in three lots along with other spare parts to Zarka Free Trade Zone, Zordan for a total contract price of Euros 3,283.308.00, which is equivalent to INR 17,06,49,933.00 (at a notional exchange rate of 1 Euro :...

Jayashree Transport Company Vs. Government of A.P. and ors.

Court: Andhra Pradesh

Reported in: 2007(3)ALD591; 2007(4)ALT113

L. Narasimha Reddy, J.1. The petitioner is the owner of 6 Goods Transport Vehicles, registered in the State of Haryana. The vehicles are said to be covered by National Permits; with Andhra Pradesh, as one of the named States. It is stated that the vehicles are utilized mostly for transport of steel from Visakhapatnam Steel Plant to other places, in heavy loads. According to the petitioner, the gross weight for each vehicle is entered as 49,000 kgs., in the relevant certificates of registration, and despite the same, the respondents have seized the vehicles by taking the view, that the vehicles have been carrying load in excess of 35,200 kgs. It is complained that, on number of occasions, the vehicles were seized on the grounds of overweight, though it was less than 49,000 kgs. The petitioner seeks a declaration to the effect that the vehicles mentioned in the writ petition, are entitled to carry the load of 49,000 kgs.2. On behalf of the respondents, a counter-affidavit is filed. It is...

Myla Venkayamma Vs. Aradhyula Saraswathi and ors.

Court: Andhra Pradesh

Reported in: 2007(4)ALD288; 2007(4)ALT462

L. Narasimha Reddy, J. 1. Second defendant in OS No. 321 of 1999 on the file of the Principal Junior Civil Judge, Bapatla, filed this second appeal. The 1st respondent in the second appeal is the sole plaintiff, and Respondents 2, 3 and 4 figured as Defendants 1, 3 and 4, respectively. For the sake of convenience, the parties are referred to, as arrayed in the suit.2. Bonthagorla Venkateswarlu, owned and possessed several items of immovable properties. The 1st defendant, by name Savitramma, is his wife; plaintiff, and Defendants 2, 3 and 4 are his daughters. He executed a Will dated 17-8-1964, bequeathing item 'A', of the schedule, (absolutely, to his wife, the 1st defendant. In 'B', 'C, 'D' and 'E' schedule properties, he created life interest in favour of the 1st defendant, and vested remainder, in favour of the plaintiff; husband of the 2nd defendant, by name Venkateswarlu, and Defendants 3 and 4, respectively.3. Plaintiff filed the suit for a declaration and consequential injunctio...

Boggavarapu Sriramam Vs. B. Suryanarayana Murthy and ors.

Court: Andhra Pradesh

Reported in: 2007(5)ALD19; 2007(6)ALT158

P.S. Narayana, J.1. Heard Sri Anand Rao, the Counsel representing the appellant and Sri Sivanand Kumar, the Counsel representing the contesting respondents.2. The unsuccessful petitioner, Boggavarapu Sriramam in IA. No. 388 of 1998 in OP No. 412 of 1995 on the file of the Court of District Judge, East Godavari at Rajahmundry, had preferred the present civil miscellaneous appeal.3. The appellant herein, the petitioner moved an application, IA. No. 388 of 1998 in OP. No. 412 of 1995 on the file of the Court of District Judge, East Godavari at Rajahmundry, under Section 39 of the Guardian and Wards Act, 1890 {hereinafter referred to for short 'the Act' for the purpose of convenience} to remove the third respondent from the guardianship of the property for the mental ill-person Maitreyudu and appoint him as property guardian.4. The learned Judge on the strength of the evidence of PW.1 and RW.1 and also Exs.A1 to A6 came to the conclusion that the appellant-petitioner failed to make reasona...

Secretary, Department of Education, Government of A.P. and ors. Vs. Sr ...

Court: Andhra Pradesh

Reported in: 2007(4)ALD750; 2007(4)ALT239

T. Ch. Surya Rao, J.1. The instant appeal is directed against the Judgment and decree dated 11-09-1996 passed by the learned Subordinate Judge, Bhimavaram, in O.S. No. 26 of 1988.2. The unsuccessful defendants 1 to 3, 5 and 8 in the suit are the appellants. The first respondent herein is the plaintiff and the other defendants in the suit have been arrayed as other respondents herein. The suit was filed for declaration that the plaint schedule property which is trust property belongs to the plaintiff and for consequential relief of possession and for directing the defendants to pay damages at Rs. 1,09,000/- for use and occupation of the same and also for future profits and costs.3. The case of the plaintiff as can be seen from the plaint is as follows: The plaintiff Ashramam was founded in or about the year 1946 by one Alluri Bhagavanraju under a registered Trust Deed dated 06-08-1946. The plaint schedule mentioned property along with some other properties were endowed to the plaintiff ...

United India Insurance Co. Ltd. and Another Vs. Shaik Saida and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

G. Bhoopathi Reddy, Member: 1. This is an appeal filed by the appellants who are the opposite party Nos. 1 and 2 in District Forum under Section 15 of the C.P. Act to set aside the order passed by the District Forum, Nalgonda in C.D. No. 57/2004 dated 18.2.2005. 2. The respondent Nos. 1 and 2 herein are the complainants before the District Forum filed a complaint under Section 12 of the Consumer Protection Act to direct the opposite parties to pay Rs. 1,50,000 towards insured amount Rs. 25,000 towards the mental agony and Rs. 2,000 as costs of the complaint. 3. The case of the complainant is as follows : 4. The complainants elder son Shaik Mustafa the deceased/insured has purchased 10 lts. of Servo Oil worth Rs. 800 each on three occasions on 9.10.2003, 20.10.2003 and 28.11.2003 from M/s. J.S.R. Automobile shop, Kodada. As per the mutual understanding the said oil company offered a scheme of Servo Suraksha Personal Accident Insurance and if any customer purchased 10 lts. of servo super...

Rapolu Sudhakar Vs. Government of A.P. and ors.

Court: Andhra Pradesh

Reported in: 2007(2)ALD743

ORDERV.V.S. Rao, J.1. In these two writ petitions, challenge is to the Government Order being G.O.Rt. No. 57 Revenue (Endowments.II/l) Department dated 8.1.2007, whereunder respondents 4 to 12 herein were appointed as members of Board of Trustees to the third respondent Temple for a period of two years with effect from the date of taking oath of office and secrecy. The petitioners seek a writ of mandamus declaring the impugned G.O. as illegal and contrary to the provisions of A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (the Act, for brevity) and A.P. Charitable and Hindu Religious Institutions and Endowments Appointment of Trustees Rules, 1987 (hereafter called, the Rules).2. The petitioner in W.P. No. 1020 of 2007 is a devotee of Sri Anjaneya Swami who statedly participates in early celebrations held in Sri Hanuman Devastanam, Karmanghat. The said Temple is registered as religious institution classified under Section 6(a) of the Act. The first respondent,...

Rapolu Sudhakar and anr. Vs. Government of Andhra Pradesh, Revenue (En ...

Court: Andhra Pradesh

Reported in: 2007(2)ALT587

ORDERV.V.S. Rao, J.1. In these two writ petitions, challenge is to the Government Order being G.O. Rt. No. 57 Revenue (Endowments. II/1) Department dated 08-1 -2007, where under respondents 4 to 12 herein were appointed as members of Board of Trustees to the third respondent temple for a period of two years with effect from the date of taking oath of office and secrecy. The petitioners seek a writ of Mandamus declaring the impugned G.O. as illegal and contrary to the provisions of A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (the Act, for brevity) and A.P. Charitable and Hindu Religious Institutions and Endowments Appointment of Trustees Rules, 1987 (hereafter called, the Rules).2. The petitioner in W.P. No. 1020 of 2007 is a devotee of Sri Anjaneya Swami who statedly participates in early celebrations held in Sri Hanuman Devastanam, Karmanghat. The said temple is registered as religious institution classified under Section 6(a) of the Act. The first respon...