Andhra Pradesh Court February 2007 Judgments
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G. Vikas Reddy and Company and anr. Vs. District Registrar of Assuranc ...
Court: Andhra Pradesh
Decided on: Feb-06-2007
Reported in: 2007(2)ALD667; 2007(3)ALT480
ORDERL. Narasimha Reddy, J.1. The 2nd petitioner and the 2nd respondent are brothers. Both of them have constituted a firm, by name G. Rajender Reddy and Company. The firm has been undertaking civil contracts. It is stated that the firm filed suits for recovery of sums, to the tune of about Rs. 30 crores, from the Government, and that the same are pending.2. According to the 2nd petitioner, the 2nd respondent retired from the partnership firm on 3-9-2005, and that he has not only addressed a letter, to that effect, but also has authorized him to take necessary steps, to cause the entries made in the registers maintained by the Registrar of Assurances, the 1st respondent herein, modified accordingly. It is stated that consequent upon the retirement of the 2nd respondent, the firm was reconstituted, in the name of G. Vikas Reddy and Company, the 1st petitioner herein.3. The petitioners claim to have submitted an application, in the prescribed form, to the 1st respondent, to cause necessa...
Reddy Rama Krishna Reddy Vs. Narayana Adi Reddy
Court: Andhra Pradesh
Decided on: Feb-06-2007
Reported in: 2007(4)ALD126; 2007(3)ALT1
ORDERL. Narasimha Reddy, J.1. The respondent filed O.S. No. 240 of 2005 in the Court of Junior Civil Judge, Suryapet, against the petitioner, for recovery of a sum of Rs. 86,000/-. The first date of appearance in the suit was fixed as 23-1-2006. The petitioner states that though he received the summons in the suit, he could not appear before the trial Court on 23-1-2006, since his aged mother has seriously fallen ill. The trial Court decreed the suit ex parte, on the date of first date of appearance itself.2. The petitioner filed I.A. No. 105 of 2006 under Order IX Rule 13 C.P.C., with a prayer to set aside the ex parte decree, pleading that he could not appear on 23-1-2006, on account of serious illness of his mother. The trial Court dismissed the LA. Aggrieved thereby, the petitioner filed CM.A. No. 7 of 2006 before the II Additional District Judge, Nalgonda at Suryapat. The appeal was dismissed on 17-11-2006. Hence, this Civil Revision Petition.3. Sri M. Rajamalla Reddy, the learned...
Darapaneni Chenna Krishnayya (Huf) Vs. Commissioner of Income-tax
Court: Andhra Pradesh
Decided on: Feb-06-2007
Reported in: (2007)210CTR(AP)538; [2007]291ITR98(AP)
Bilal Nazki, J.1. The brief facts of the case are:2. The land belonging to the assessee, a Hindu undivided family (HUF), was acquired by the Government of Andhra Pradesh in terms of the provisions of the Land Acquisition Act during 1981-82. The Land Acquisition Officer awarded compensation at the rate of Rs. 20,000 per acre. Not satisfied with the award, the assessee sought a reference and the civil court enhanced the compensation to Rs. 71,380 per acre. On appeal, the High Court enhanced the compensation to Rs. 2,83,000 per acre. By virtue of the orders of the High Court, the assessee received additional compensation amounting to Rs. 15,26,135 and interest on the additional compensation amounting to Rs. 28,58,622 on April 9, 1991, and on receiving the amounts, he invested the entire additional compensation in the UTI Capital Gains Scheme of 1983, on October 1, 1991, i.e., within six months from the date of receipt of the additional compensation and sought exemption under Section 54E o...
Varanasi Lakshmi Vs. State Bank of India, Rep. by Its Branch Manager a ...
Court: Andhra Pradesh
Decided on: Feb-06-2007
Reported in: 2007(4)ALT25
P.S. Narayana, J.1. Ippili Appalanarasaiah Patnaik, second respondent in the civil miscellaneous appeal Auction purchaser, filed C.M.A.M.P. No. 1978 of 2006, to vacate the interim stay granted by this Court in C.M.A.M.P. No. 814 of 2006 in C.M.A. No. 410 of 2006. The Counsel on record advanced their submissions in elaboration in the civil miscellaneous appeal and made a request for disposal of the civil miscellaneous appeal itself.2. Sri Taddi Nageswara Rao, learned Counsel representing the appellant in the C.M.A., Varanasi Lakshmi, the third judgment debtor made the following submissions.The learned Counsel would submit that the appellant as petitioner filed an application E.A. No. 29 of 2003 in E.P. No. 16 of 2001 in O.S. No. 6 of 1999 on the file of the Senior Civil Judge, Rajam, under Order XXI Rule 90 of the Civil Procedure Code (hereinafter in short referred to as 'the Code' for the purpose of convenience) to set aside the sale of E.P. schedule buildings held on 30-1-2003 on the ...
N. Mahender Rao Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Feb-06-2007
Reported in: 2007(4)ALD448
ORDERV. Eswaraiah, J.1. This writ petition is filed seeking to quash the proceedings of the second respondent in Cr.No. 1771/2005/CPE/ G4, dated 4.1.2006 and consequently, to direct the respondents to release the lease amount of Rs. 4,10,000/- with interest at 18% per annum from the due date till the date of payment for the non-business period and with all consequential benefits.2. The petitioner was the successful auction purchaser in the auction conducted on 30.6.2005, for the sale of Indian liquor and foreign liquor by a retail outlet in respect of the outlet notified in Ward No. 3 of Karimnagar Municipal Corporation on yearly lease amount of Rs. 19,18,000/-. It is stated that though the retail outlet was notified in Ward No. 3, he had submitted an application seeking permission to shift the retail outlet from Ward No. 3 to Ward No. 10 at House bearing No. 3-3-142/1, Karimnagar Municipality. The said application of the petitioner was enquired into and the Prohibition and Excise Supe...
N. Mahender Rao Vs. Government of A.P., Revenue (Excise) Department an ...
Court: Andhra Pradesh
Decided on: Feb-06-2007
Reported in: 2007(4)ALT567
ORDERV. Eswaraiah, J.1. This writ petition is filed seeking to quash the proceedings of the second respondent in Cr.No. 1771/2005/CPE/G4, dated 04-01-2006 and consequently, to direct the respondents to release the lease amount of Rs. 4,10,000/-with interest at 18% per annum from the due date till the date of payment for the nonbusiness period and with all consequential benefits.2. The petitioner was the successful auction purchaser in the auction conducted on 30-06-2005, for the sale of Indian liquor and foreign liquor by a retail outlet in respect of the outlet notified in Ward No. 3 of Karimnagar Municipal Corporation on yearly lease amount of Rs. 19,18,000/-. It is stated that though the retail outlet was notified in Ward No. 3, he had submitted an application seeking permission to shift the retail outlet from Ward No. 3 to Ward No. 10 at House bearing No. 3-3-142/1, Karimnagar Municipality. The said application of the petitioner was enquired into and the Prohibition and Excise Supe...
Dr. S.R. Ranganadhan Vs. Alluri Seetharama Raju
Court: Andhra Pradesh
Decided on: Feb-06-2007
Reported in: 2007(4)ALT743
P.S. Narayana, J.1. Dr. S.R. Ranganadhan, defendant in O.S. No. 80/87 on the file of Principal Subordinate Judge, Visakhapatnam preferred this Appeal being aggrieved of the decree and judgment dated 3-9-1993 made in the said suit. Likewise Alluri Seetharama Raju, respondent in the Appeal, as plaintiff in the suit, instituted the aforesaid suit claiming damages to a tune of Rs. 3 lakhs towards expenditure incurred for medicines, operation, loss of business, loss of education of children, loss of health, mental suffering and agony, future loss on account of leaving surgical sutures in the plaintiff's abdomen by the appellant/defendant/Doctor who had operated the plaintiff on 14-2-1983 and for recovery of subsequent interest and for costs of the suit. The learned Judge, in the light of the respective pleadings of the parties, having settled the Issues, recorded the evidence of P.W.1 to P.W.4, D.W.1 to D.W.3, marked Exs.A-1 to A-66 and Ex.B-1 and ultimately came to the conclusion that the ...
Sarwottam Ispat Limited, Represented by Its Executive Subash Goenka Vs ...
Court: Andhra Pradesh
Decided on: Feb-05-2007
Reported in: 2007(3)ALD475; 2007(4)ALT202; 2007LC(AP)1464
ORDERV.V.S. Rao, J.1. The petitioner is a company availing power supply under HT category for its unit engaged in the manufacture of M.S. Ingots. At present its Contracted Maximum Demand (CMD) is 4980 KVA. As per clause 6 of A.P. Electricity Regulatory Commission (Security Deposit) Regulation, 2004 (Deposit Regulations), the second respondent reviewed the adequacy of security deposit and issued a letter dated 20.4.2005 directing the petitioner to pay additional security deposit of Rs.1,05,86,400/-, after taking into consideration the existing consumption deposit of Rs.77,71,429/-. Be it noted that as per clause 4(2) of Deposit Regulations, all HT consumers are required to pay a sum equivalent to two months consumption charges towards security deposit. The petitioner addressed a letter dated 10.5.2006 to Central Power Distribution Company Limited (CPDCL) raising certain objections as to additional deposit charges. The petitioner also requested for permission to pay the amount in instalm...
P. Ram Mohan Vs. Dr. Purnachandra, Builder and Partner of Akshita Ente ...
Court: Andhra Pradesh
Decided on: Feb-05-2007
Reported in: AIR2007AP206; 2007(3)ALD109
ORDERC.Y. Somayajulu, J.1. This petition is filed under Order 41 Rule 19 read with Section 151 CPC to set aside the order of dismissal of the appeal for default and for re-admission of the appeal.2. Before adverting to the contentions raised by the learned Counsel for petitioner/ appellant and the learned Counsel for respondent, it is necessary to state certain facts.3. As per the record sheet on 19-12-2006, when the appeal was posted, the learned Counsel for the appellant, who filed this petition, informed the learned Judge that in spite of his being a Senior Counsel, the appellant did not behave properly with him and so he does not want to appear for him and so notice may be sent to the appellant. The learned Counsel also informed the learned Judge that the appellant is present in Court. Therefore, the learned Judge called the appellant and he who was present in person, informed the learned Judge that he wants to change his Counsel and made a request for time. So, the case was adjour...
Kempannagari Subbanna Vs. Chinnappa
Court: Andhra Pradesh
Decided on: Feb-05-2007
Reported in: 2007(3)ALT3
ORDERGhulam Mohammed, J.1. This civil revision petition is filed against the docket order dated 8-6-2006 passed in EA No. 28 of 1996 in OEP No. 49 of 2006 in OS No. 71 of 1998 by the Junior Civil Judge, Kuppam, granting Police aid to the decree holder-respondent herein.2. Heard the learned Counsel for the parties. Perused the impugned docket order dated 8-6-2006.3. Learned Counsel for the petitioner-judgment debtor strenuously contended that before granting Police aid, no notice was issued to the petitioner to put forth his case. Learned Counsel also contended that pending execution petition, Police aid ought not to have been granted as the petitioner-judgment debtor would lose his rights of resisting the decree on the basis of the defences available to him under Order 21 CPC. In support of his contention, learned Counsel relied on the decision of this Court in Goli Kota Reddy v. Goli Raja Gopala Reddy : 2000(6)ALD449 .4. I find some force in the contention of the learned Counsel for t...
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