Andhra Pradesh Court March 2007 Judgments
Qazi Habeeb Abdullah Rifai Vs. Principal Secretary to Govt., Minoritie ...
Court: Andhra Pradesh
Decided on: Mar-30-2007
Reported in: 2007(3)ALD792; 2007(4)ALT301
ORDERL. Narasimha Reddy, J.1. The petitioner was appointed as a Kazi, for performing the marriages of Muslims (Shafayee sect) at Hyderabad, by the Government of A.P., the 1st respondent herein, through orders in G.O. Ms. No. 6 06, Revenue (Wakf) Department, dated 27.6.1990. This appointment was made under the provisions of the Kazis Act, 1880 (for short 'the Act'). Through its prders in G.O. Ms. No. 757, dated 18.8.1990, the petitioner was permitted to perform the marriages of Arabs also, and the original order of appointment was accordingly modified.2. The petitioner appointed a person by name Ahmed Sharif, as his Naib Kazi. The latter performed nikha of a woman, by name Haseena Begum, with one, Mr. Jaffar Yakub Hussan Alzarouni, said to be an Arab Shaik. The woman submitted a complaint in Chandrayanagutta Police Station, alleging harassment in the hands of her husband. Soon thereafter, a news item appeared in the local dailies, on 27.5.2004.3. The 1st respondent called for a report, ...
Tag this Judgment!Nallabelli Seshaiah and ors. Vs. Vemula Appaswamy
Court: Andhra Pradesh
Decided on: Mar-30-2007
Reported in: 2007(4)ALD292
P.S. Narayana, J. 1. This civil miscellaneous appeal is filed under Order XLIII Rule 1(u) of the Code of Civil Procedure (hereinafter in short referred to as 'the Code' for the purpose of convenience) aggrieved by an order of remand made in A.S. No. 9 of 2000, dated 19.8.2006, on the file of Senior Civil Judge, Sathupalli, reversing the decree and judgment made in O.S. No. 146 of 1995, dated 17.7.2000, on the file of Junior Civil Judge, Sathupalli.2. The suit O.S. No. 146 of 1995 on the file of Junior Civil Judge, Sathupalli, was filed by the plaintiff-respondent herein, praying for the relief of perpetual injunction restraining the defendants, their men, servants and persons claiming through them from in any way interfering with the peaceful possession and enjoyment of the plaintiff over the plaint schedule property. In the light of the respective pleadings of the parties, having settled the issues, the learned Junior Civil Judge, Sathupalli, recorded the evidence of P.Ws.1 to 7, D.Ws...
Tag this Judgment!Ganpathi Thirupathaiah Vs. District Panchayat Officer and ors.
Court: Andhra Pradesh
Decided on: Mar-29-2007
Reported in: 2007(3)ALT613
ORDERV. Eswaraiah, J.1. Petitioner is a resident of Padamaraveerayapalem of Kurichedu Mandal of Prakasam District. There are three water tanks namely, Papirayudu Cheruvu, Venkaiah Cheruvu and Omkara Cheruvu in the third respondent Gram Panchayat of West Veerayapalem. The third respondent-gram Panchayat decided to put public auction on 7-7-2006 for a period of three years commencing from 2006-2007,2007-2008 to 2008-2009. Accordingly the gram Panchayat passed a resolution stipulating the terms and conditions to conduct the public auction to lease out the fishing rights. The Gram Panchayat fixed the upset price at Rs. 40,000/- per annum for a period of three years insofar as Papirayudu Cheruvu is concerned and the prospective bidder has to deposit a sum of Rs. 2,000/- for participating in the auction. The petitioner offered an amount of Rs. 45,000/- in respect of the Papirayudu Cheruvu, which was knocked down in his favour on 7-7-2006 and accordingly the petitioner deposited a sum of Rs. ...
Tag this Judgment!S. Jaffar Sahib Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Mar-29-2007
Reported in: 2007(3)ALD785; 2007(4)ALT727
G.S. Singhvi, C.J.1. Having failed to persuade the Andhra Pradesh Administrative Tribunal (for short, 'the Tribunal') to entertain the application filed by him in the year 2005 for quashing the appointment of Sri Satyanarayana Murthy (respondent No. 2 ) and Sri R. Ramakrishnaiah (respondent No. 3 ) to the Andhra Pradesh Civil Services (Executive Branch) (hereinafter referred to as 'the service') against the posts advertised by the Andhra Pradesh Public Service Commission (for short, 'the Commission') on 28-1-1980, and for issue of a mandamus to the State Government to re-consider his case for appointment as Deputy Collector with retrospective effect from 1981, the petitioner has filed this petition under Article 226 of the Constitution of India.The Facts:2. While he was working as Mandal Revenue Officer, the petitioner applied for recruitment to the service for which advertisement had been issued by the Commission on 28-1-1980. He secured 360 marks out of 600 in the written test and 94...
Tag this Judgment!New India Assurance Company Ltd. Vs. Abdul Khader Jilani @ Jilani and ...
Court: Andhra Pradesh
Decided on: Mar-29-2007
Reported in: 2008ACJ1870; 2007(4)ALT607
ORDERG.S. Singhvi, C.J.1. Whether the entries contained in Parts I and II of Schedule I of the Workmen's Compensation Act, 1923 (for short, 'the Act') are relevant for assessing the loss of earning capacity for non-schedule injuries, particularly in the context of requirement under Explanation-ll to Section 4(1)(c)(ii) is the question, which arises for determination in this appeal filed by the New India Assurance Company Limited against award dated 4-4-2006 passed by Commissioner for Workmen's Compensation and Assistant Commissioner of Labour-IV, Hyderabad (hereinafter described as 'the Commissioner') in W.C.No. 15 of 2004.2. Respondent No. 1 Abdul Khader Jilani was employed by respondent No. 2 Smt. Mulam Bee for driving auto-rickshaw bearing No. AP-11 V-9066, which was owned by her. On 7-2-2004, a Maruthi car bearing No. AP-10D-8730 dashed against the auto-rickshaw at Sangeet X Roads, Secunderabad. As a result of the accident, respondent No. 1 suffered injuries. The police registered ...
Tag this Judgment!Executive Officer, Secunderabad Cantonment Board Vs. Auro Swamy and or ...
Court: Andhra Pradesh
Decided on: Mar-29-2007
Reported in: 2007(4)ALD796; 2007(5)ALT786
B. Prakash Rao, J.1. Since these two appeals arise out of the same order passed by the Court below, they have been taken up together for disposal.2. Heard Sri K.R. Koteswara Rao, learned Counsel for the appellant in C.M.A. No. 41 of 2007, Sri A. Raja Sekhar Reddy, learned Assistant Solicitor General of India on behalf of the appellants in CMA No. 83 of 2007 and Sri B. Vijaysen Reddy appearing on behalf of the learned Counsel Sri M. Govind Reddy for the respondents/ plaintiffs.3. The briefly stated facts giving raise to these proceedings are that the respondents/ plaintiffs had filed a suit for perpetual injunction against both the appellants who are arrayed as defendants 1 and 2 respectively restraining them from interfering with the construction activity carried on by the respondent/plaintiffs. Pending the said suit, the appellants had filed the present applications seeking for the selfsame relief though as an ad-interim injunction pending disposal of the suit. The case of the appella...
Tag this Judgment!Jupalli Swami Reddy and anr. Vs. Jupalli Chandraiah (Died) by Lr
Court: Andhra Pradesh
Decided on: Mar-28-2007
Reported in: 2007(5)ALD120
P.S. Narayana, J.1. The unsuccessful defendants 4 and 5 in both the Courts below had preferred the present second appeal. Respondent-plaintiff died and his legal representative as respondent No. 2 was brought on record by an order dated 16-12-2005 in CMP. No. 3085 of 2005.2. This Court on 18-6-1997 made the following order:In view of the substantial questions of law raised in ground Nos. 1 to 3, the second appeal is admitted.3. On 18-6-1997 in CMP No. 6502 of 1997 this Court made the following order:There shall be stay of execution of the decree in OS No. 59 of 1987. Notice.4. Subsequent thereto, on 3-12-1997 this Court made the following order:Interim stay of passing of final decree only and the other proceedings as to enquiry into mesne profits may go on. 5. The under noted are the substantial questions of law, on the strength of which the second appeal was admitted by this Court:(1) Whether the lower Court erred in relying on Ex.A2 the so called admission of the first defendant made...
Tag this Judgment!F.A.C. Iii Additional District and Sessions Judge Vs. Chandra Bushan U ...
Court: Andhra Pradesh
Decided on: Mar-28-2007
Reported in: 2007CriLJ3764
B. Prakash Rao, J.1. The appellants, who are accused Nos. 1 to 5 in Sessions Case No. 291 of 2003 on the file of the IIIrd Additional Sessions Judge, Ranga Reddy District, by way of this appeal seek to assail the findings of guilty and conviction as against accused No. 1 under Section 302 of the Indian Penal Code (for brevity 'IPC') and sentencing him to death; against accused Nos. 2 to 4 under Section 302 r/w Section 34, I.P.C. and sentencing them each to suffer imprisonment of life; against accused Nos. 1, 2, 4 and 5 under Section 201, I.P.C. and sentencing them each to suffer rigorous imprisonment for three years; against accused Nos. 1 and 2 under Section 435, I.P.C. and sentencing them each to suffer rigorous imprisonment for three years; against accused Nos. 1 to 5 under Section 411, I.P.C. and sentencing them each to suffer rigorous imprisonment for three years and against accused No. 1 under Sections 25(1)(a) and 27(1) of Arms Act and sentencing him to suffer rigorous imprisonm...
Tag this Judgment!A. Rani W/O A. Narsimha Reddy Vs. the Joint Collector and ors.
Court: Andhra Pradesh
Decided on: Mar-28-2007
Reported in: 2007(5)ALD88; 2007(6)ALT513
ORDERL. Narasimha Reddy, J.1. The petitioner is the daughter of one Sri K. Munirathnam Reddy. According to her, Munirathnam Reddy executed a Will, dated 09.04.1995, bequeathing about Rs. 7.00 of land in various survey numbers of Kothapalli Village, Chittoor District. After the death of her father on 02.09.1995, the petitioner filed an application before the Mandal Revenue Officer, Irala, the third respondent herein, under Section 6-A of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 (for short 'the Act'). The petitioner was issued a pattadar pass book in respect of the lands covered by the Will. Her mother, the fourth respondent herein, submitted a representation before the Revenue Divisional Officer, the second respondent, aggrieved by the issuance of pattadar pass book in favour of the petitioner. The second respondent passed an order, dated 23.11.1996, setting aside the pattadar pass book issued in favour of the petitioner. Thereupon, the petitioner filed a revision befor...
Tag this Judgment!Sri Krishna theatres Company Running Asha Luxury theatre Vs. Araveti K ...
Court: Andhra Pradesh
Decided on: Mar-26-2007
Reported in: 2007(3)ALD446
ORDERC.Y. Somayajulu, J.1. ASMP No. 2587 of 2006 is filed to direct the first respondent to pay Rs. 10,000/- per month to the second petitioner or in the alternative place the first petitioner firm in the hands of the second petitioner on deposit of Rs. 4,00,000/-p.a. for the benefit of the firm pending disposal of the appeal and ASMP No. 2588 of 2006 is filed to appoint a Receiver to manage the day to day affairs of the first petitioner firm.2. Petitioners in these petitions filed the suit seeking dissolution of the first petitioner firm and to direct the first respondent to render true and correct accounts of the firm from 18-3-1998 onwards. After contest by the respondents the trial Court passed a preliminary decree dissolving the first petitioner firm with effect from 31-5-1997 and declared the shares of the different partners and also appointed a commissioner for taking accounts. Aggrieved by the said decree, Defendants 1, 3 to 7, 9 to 11, 14 and 15 preferred the appeal and filed ...
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