Andhra Pradesh Court March 2007 Judgments
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Ramavath Hari Vs. Chief Executive Officer, A.P. State Wakf Board and a ...
Court: Andhra Pradesh
Decided on: Mar-14-2007
Reported in: 2007(3)ALD1; 2007(3)ALT626
ORDERL. Narasimha Reddy, J.1. The 1st respondent published a notification, dated 21.12.2006, proposing to conduct auction of leasehold rights, for purchasing goat skins and other offerings and collections, at a Durgah in Janpahad Village of Nalgonda District. The auction was to be conducted on 30.12.2006. The petitioner and several others participated in the auction. The bid of one Shaik Aziz Ahmed S/o. Shaik Ahmed, at Rs. 36,15,000/-, emerged as the highest. The bid of the petitioner for a sum of Rs. 3,10,000/- was next in the order. Through its proceedings dated 7.2.2007, the 1st respondent awarded the lease in favour of the 2nd respondent, for a sum of Rs. 36,15,000/-, on the ground that the highest bidder did not object for the same. The petitioner challenges the proceedings dated 7.2.2007.2. The petitioner contends that if for any reason, the lease could not be awarded in favour of the highest bidder, it ought to have been offered to him, and that the award of the lease in favour ...
A. Linga Reddy and ors. Vs. Andhra Pradesh State Handloom Weavers Soci ...
Court: Andhra Pradesh
Decided on: Mar-14-2007
Reported in: 2007(4)ALD51; 2007(3)ALT330
ORDERC.V. Nagarjuna Reddy, J.1. The petitioners who are erstwhile employees of A.P. Textiles Processing Cooperative Society Limited (APROS) and have later become employees of A.P. State Handloom Weavers Society Limited (APCO) filed this writ petition seeking implementation of the revised pay scales as approved by respondent No. 1 in proceedings R.C. No. APROS/504/94 dated 10-1-1995 based on the 1990 formula with all consequential benefits including the arrears and variable Dearness Allowance from November, 1993 till 1-1-1995 in terms of the agreement dated 9-7-1990.2. The facts, to the extent they are relevant for this case, are stated below:APROS was established in the year 1981 for processing handloorn fabrics and yarn. The petitioners were appointed as workmen during the years 1978 to 1981 when the factory was under construction. They were sponsored by Ranga Reddy District Employment Exchange and having been selected by the Managing Director of APROS, the petitioners were appointed ...
Kalisetti Venkata Ramanaiah and ors. Vs. Tirupati Kondamma
Court: Andhra Pradesh
Decided on: Mar-14-2007
Reported in: AIR2007AP286; 2007(3)ALD826
V.V.S. Rao, J.1. The respondent herein (hereafter called, the plaintiff) filed O.S. No. 6 29 of 1980 on the file of the Principal District Munsif, Nellore, for recovery of a sum of Rs. 8,600/- being the amount payable on mortgage deed, dated 14-3-1970 executed by the appellants herein (hereafter called, the defendants) and for a charge on the mortgage property. By judgment and decree, dated 24-6-1987, the trial Court dismissed the suit on the ground that the suit debt stands discharged under Section 4 of the A.P. Agricultural Indebtedness (Relief) Act, 1977 (for brevity, the Act). The plaintiff, however, succeeded before the first appellate Court. His appeal being A.S. No. 6 1 of 1987 ' on the file of the Court of the Additional District Judge, Nellore, was allowed on 28-6-1995. Aggrieved by which, the present second appeal is filed.2. The plaintiff brought the suit alleging that Javaramaiah and his two sons Venkata amaiah and Dhananjaya (father and two sons) borrowed a sum of Rs. 2,50...
Late Syed Burhan (Died) by Lrs. Vs. Mohammad Jahangir
Court: Andhra Pradesh
Decided on: Mar-14-2007
Reported in: AIR2007AP225; 2007(4)ALD361
D. Appa Rao, J. 1. The unsuccessful plaintiffs preferred this appeal against the decree and judgment in O.S. No. 80 of 1989 of the learned Subordinate Judge, Mahboobnagar dismissing the suit filed for recovery of possession of house bearing Door No. 3-3-83 situated at Mahabubnagar.2. The case of the plaintiffs, in brief, is that the 1st plaintiff Syed Burhan, since died, was the absolute owner of the plaint schedule house bearing Door No. 3-3-83, Madina, Masjid Road, Mahbubnagar. He executed an agreement of sale dated 28-6-1977 in favour of defendant. One of the stipulations is that the first plaintiff had to evict the tenant who was in occupation of the house and deliver vacant possession before registration. Accordingly, he got him evicted and delivered possession to the defendant on 8-9-1977. The date of registration was fixed to 9-9-1987. Since the defendant did not come, he cancelled the agreement, and called upon the defendant to vacate the premises. When he did not comply with h...
Oriental Insurance Co. Ltd., Gandhinagar Branch Vs. Santhilal Patal an ...
Court: Andhra Pradesh
Decided on: Mar-14-2007
Reported in: 2007(4)ALD855
V. Eswaraiah, J.1. The Oriental Insurance Company filed this appeal questioning the order dated 17-2-1997 passed in M.V.O.P. No. 560 of 1995 by the Chairman, Accidents Claims Tribunal-cum-IV Additional District Judge, Chittoor at Tirupati awarding compensation of Rs. 50,000/- under the head of 'no fault liability' for the death of an unborn child in favour of the first respondent herein.2. The first respondent herein is the claimant in M.V.O.P. No. 560 of 1995 filed under Section 140 of the Motor Vehicles Act, 1988 (for short 'the Act') claiming compensation of Rs. 50,000/- on the ground that his wife and unborn child, who was about 10 months old in the womb of his wife, died in an accident that occurred on 19-7-1995 due to rash and negligent driving of the driver of the car bearing No. KA 04 M 6279 belonging to the second respondent herein and insured with the appellant - insurance company herein.3. It is the case of the claimant that he is the father of the child aged about 10 months...
Prabhava Organics P. Ltd. and ors. Vs. Deputy Commissioner of Income-t ...
Court: Andhra Pradesh
Decided on: Mar-14-2007
Reported in: [2008]297ITR392(AP)
G. Yethirajulu, J.1. This criminal petition is filed under Section 482 of the Cr.P.C. by the accused to quash the proceedings in C.C. No. 83 of 2006 on the file of the Special Judge for Economic Offences, Hyderabad, filed for the offences punishable under Sections 276C, 277 and 278B of the Income-tax Act, 1961 (for short 'the Act').2. The Deputy Commissioner of Income-tax, Circle-16(3), Hyderabad, filed the above complaint. The first petitioner is M/s. Prabhava Organics Private Limited and the second and third petitioners are the managing director and director of the said company respectively. They were in-charge and responsible for the day-to-day affairs and conducting the business. The first petitioner-company, filed its income-tax return for the assessment year 1995-96 mentioning that the total income of the company is 'nil', after adjusting the brought forward losses of the earlier years to an extent of Rs. 34,74,157. While processing the return of the first petitioner-company unde...
K. Sadanandam Vs. State of Andhra Pradesh, Rep. by Secretary to Govern ...
Court: Andhra Pradesh
Decided on: Mar-13-2007
Reported in: 2007(3)ALT494
L. Narasimhareddy, J.1. The appointment of Additional Public Prosecutor in the Court of Additional District and Sessions Judge, Ranga Reddy District, has somehow fallen to rough weather. Three and half years have elapsed, since the steps, in accordance with Section 24 of Cr.P.C. were initiated for the appointment, but it could not fructify.2. The office fell vacant with the expiry of the term of the previous incumbent. In exercise of power under Section 24 of the Cr.P.C, and instructions contained in G.O. Ms. No. 187, dated 6-12-2000, the District Collector, the 2nd respondent herein, prepared a panel of seven names, and forwarded the same to the 1st respondent, on 18-9-2003. The 1st respondent opined that the panel must consist of 5 names only, and accordingly returned it with the directions to the 2nd respondent to send fresh panel. In compliance, the 2nd respondent sent a panel of five names, on 5-8-2004. One Ch. Ravinder Rao, Advocate, whose name figured in the first panel, but was...
Balde Bheeraiah Vs. Joint Collector (Civil Supplies) and anr.
Court: Andhra Pradesh
Decided on: Mar-13-2007
Reported in: 2007(3)ALD588; 2007(3)ALT710
ORDERV. Eswaraiah, J.1. Petitioner is the Fair Price Shop Dealer of Shop No. 1, Bondugula Village, Rajapet Mandal, District. The said dealership has been cancelled on the ground that the petitioner has not distributed 5 quintals of sugar to the card holders. The said sugar was received on 20.10.2006 and inspection was conducted on 10.11.2006. But the said stocks are still available without any distribution and it is stated that the said stocks were not distributed with an intention to divert into the black market. It is further stated that the stocks were received on 20.10.2006 and the Mandal Revenue Officer directed to issue stock to the new card holders and the new cards were distributed up to 28.10.2006. In the meanwhile, the petitioner's wife suffered with kidney disease and therefore, the said stocks could not be distributed and the same are available in the premises. There is no intention to divert them into the black market.2. Admittedly, the stocks were not diverted to the blac...
Paidimarri Rama Rao Vs. Immadi Naga Prasanna Laxmi
Court: Andhra Pradesh
Decided on: Mar-13-2007
Reported in: 2007(3)ALD626; 2007(4)ALT60
P.S. Narayana, J.1. These two civil miscellaneous appeals are filed as against a common order made by the learned Senior Civil Judge, Khammam in IA Nos. 1652 of 2002 and 1753 of 2002 in OS No. 198 of 2002, dated 6-1-2003.2. The appellant in both the appeals, the plaintiff in the above suit filed IA No. 1652 of 2002 as against the respondent-defendant praying for temporary injunction restraining the respondent-defendant from interfering with his peaceful possession and enjoyment of the plaint schedule property till the disposal of the suit. Likewise, the respondent herein, the defendant in the suit, filed an application IA No. 1753 of 2002 praying for temporary injunction against the plaintiff from interfering with his peaceful possession and enjoyment of the plaint schedule property. The learned Judge heard both the applications and in view of the commonality involved, disposed of both the applications by a common order dismissing the application IA No. 1652 of 2002 and allowing the ap...
Najeebunnisa and ors. Vs. Mohammed Mahboob Ali Khan Afsar
Court: Andhra Pradesh
Decided on: Mar-13-2007
Reported in: 2007(4)ALD1
ORDERC.Y. Somayajulu, J.1. Revision petitioners 1 and 2 filed the suit against the respondent for cancellation of the sale deed bearing No. 2780/2000 dated 24-10-2000 executed in favour of the respondent and for other releifs. After the suit was decreed ex parte, respondent filed a petition under Order 9 Rule 13 CPC to set aside the ex parte decree. By the order under revision, the learned trial Judge allowed the said petition. Hence, this revision by the plaintiffs in the trial Court.2. The main contention of the learned Counsel for revision petitioners is that the trial Court without keeping in view the provisions of Order V Rule 20 and Order V Rule 19-A(2) CPC and the ratio in Basant Singh v. Roman Catholic Mission : [2002]SUPP3SCR70 , erroneously held that there was no proper service of summons on the respondent, because the trial Court failed to keep in view the fact that it ordered service of notice through registered post and since summons were sent by registered post also the C...
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