Andhra Pradesh Court April 2007 Judgments
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Yalla Chandramohan Vs. Union of India (Uoi), Rep. by Its Secretary, Mi ...
Court: Andhra Pradesh
Decided on: Apr-30-2007
Reported in: 2007(4)ALD553; 2007(4)ALT121
ORDERB. Prakash Rao, J.1.The petitioner herein, who is an Army Personnel in the Army service, supported by an affidavit sworn to. by Smt. Yalla Padmavathi, his mother filed this Writ Petition, inter alia, seeking a Writ of Habeas Corpus directing the third respondent herein to produce the petitioner, who is the detenu therein and declaring the entire proceedings of the Summary Court Martial dated 20-1-2007 conducted by the second respondent herein and convicting the detenu and dismissing from army service and awarding rigorous imprisonment for three months in civil prison as arbitrary, illegal, unjust, violative of the mandatory provisions of the Indian Army Act, 1950 and the Army Rules, 1954 and the principles of natural justice and consequently direct reinstatement of the detenu into Army Service with all consequential benefits.2. Heard Sri C.M.R. Velu, learned Counsel appearing for the petitioner, Sri A. Rajasekhar Reddy, Assistant Solicitor General and Sri K. Narahari, Standing Cou...
Ramvilas Bajaj Vs. Ashok Kumar and anr.
Court: Andhra Pradesh
Decided on: Apr-30-2007
Reported in: 2007(4)ALD137; 2007(4)ALT348; AIR2007NOC2064(FB)(AP)
G.S. Singhvi, C.J.1. On behalf of the Hon'ble the Chief Justice and the Hon'ble Dr. Justice G. Yethirajulu, the Hon'ble Justice G. Bhavani Prasad and himself).Issue under reference:Whether Section 32(c) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short, 'the Act') as brought into force by Section 3 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control (Amendment) Act, 2005 (hereinafter referred to as 'the Amendment Act') has effect on the cases pending on the date of its coming into force is the question referred for the consideration of the Larger Bench. The Background Facts:2. Section 32(b) of the Act, which exempted buildings constructed on or after 26-8-1957, was held unconstitutional as being violative of Article 14 of the Constitution of India by the Supreme Court in Motor General Traders v. State of Andhra Pradesh AIR 1984 SC 121. In order to fill up the void created by the said judgment with regard to provision for exemption of...
Anasuyamma and anr. Vs. B. Narsinga Rao and anr.
Court: Andhra Pradesh
Decided on: Apr-30-2007
Reported in: 2008ACJ2385; 2007(4)ALD875; 2007(5)ALT40
G.V. Seethapathy, J.1. (i) These two appeals arise out of the order dated 1.2.2001 in O.P. No. 574 of 1995 on the file of the Motor Vehicle Accidents Claims Tribunal-cum-Additional District Judge, Mahaboobnagar District, wherein the claim for compensation was allowed in part awarding a compensation of Rs. 65,000/- with interest at 12% p.a., from the date of the petition.(ii) As the two appeals arise out of the same impugned order and are interconnected, they are being disposed of by this Common Judgment.2. Respondents 2 and 3 in C.M.A. No. 3096 of 2005, who are claimants, filed a claim petition before the Tribunal seeking a compensation of Rs. 2,00,000/- for the death of one Balusu Rajesh, son of the first claimant, in a motor accident that occurred on 23.1.1995. According to the claimants, on that day while the deceased and his uncle Eswaraiah were returning from Jadcherla in a lorry bearing No. AP-28-T-1114 to reach Hyderabad along with 50 kgs rice bag, four folding chairs, one trunk...
Mellimi Lakshmikantam Vs. Election Tribunal-cum-principal District Jud ...
Court: Andhra Pradesh
Decided on: Apr-30-2007
Reported in: 2007(5)ALD47
ORDERV.V.S. Rao, J.1. This writ petition is filed seeking a writ of Prohibition restraining first respondent, namely, Court of Principal District Judge, West Godavari District at Eluru, from proceeding with O.P. No. 799 of 2006.2. Election to the office of Sarpanch, Kanuru Gram Panchayat of Peravali Mandal in West Godavari District, was held on 2-8-2006. Petitioner and respondents 2 and 3 herein contested the election. Petitioner was declared elected having polled 2081 votes. On 18-8-2006, second respondent filed E.O.P. No. 799 of 2006 on the file of first respondent under Sections 233, 19(3) and 22(1) of Andhra Pradesh Panchayat Raj Act, 1994 (the Act, for brevity) read with Rule 2(i)(a) and 4(ii) of Andhra Pradesh Panchayat Raj (Election Tribunals in respect of Gram Panchayats, Mandal Parishads and Zilla Parishads) Rules, 1995 (the Rules, for brevity). Second respondent prayed to declare the election of petitioner herein as void and to declare her (second respondent) as elected havin...
Chairman, Employees State Insurance Corporation Vs. Swaminath Singh an ...
Court: Andhra Pradesh
Decided on: Apr-30-2007
Reported in: 2007(5)ALD166; [2007(115)FLR125]
B. Prakash Rao, J.1. Heard Sri B.G. Ravinder Reddy, learned Counsel appearing on behalf of ESI Corporation and Smt. I. Mammu Vani, Sri G. Purushotham Rao and Sri C. Prakash Reddy, learned Counsel appearing on behalf of the appellants and Smt. A. Chayadevi, and Smt. Tara Sharma, learned Counsel for the respondent-claimants.2. Since common question arises out of all these appeals, they have been taken up together for disposal.3. It is not necessary to be gone into the facts in detail having regard to the nature of question which is raised on behalf of the appellants herein, therefore, the same are not being repeated in each of these cases except to the extent indicating that all these cases arise out of a claim for compensation under the provisions of the Workmen's Compensation Act, 1923, for the injuries which they have sustained during the course of their employment and set up their claim. In CM.A. No. 1141 of 1999 as per the medical evidence the extent of disability is shown at 70% wh...
Andhra Pradesh State Wakf Board Represented by Its Inspector-auditor V ...
Court: Andhra Pradesh
Decided on: Apr-30-2007
Reported in: 2007(5)ALD267; 2007(6)ALT365
B. Prakash Rao, J.1. As both these appeals raise common questions of law they were heard jointly and are being disposed of by a common judgment.2. Brief facts, which are necessary for disposal of these two matters are that the appellant is the A.P. State Wakf Board, which inter alia seeks to assail the judgments and decrees of both the courts below dismissing the suit filed by it for the relief of declaration of title and possession with regard to the suit schedule properties, which are involved in both the matters. Both the courts below on appraisal of the entire evidence and the material on record and having found that the appellant-plaintiff had failed to establish its title upheld the title and possession to that of the respondents and dismissed the suit.3. Having regard to the concurrent findings, as arrived at by both the courts below especially in regard to the factual aspect as to the title and possession, this Court would not venture to go into any of these aspects in exercise...
Gadiyaram Padmavathi and ors. Vs. Addepalli Hanumantha Rao and ors.
Court: Andhra Pradesh
Decided on: Apr-27-2007
Reported in: 2007(6)ALD388; 2007(3)ALT730
D.S.R. Varma, J. 1. Heard both sides.2. This appeal is preferred by the unsuccessful plaintiffs against the rejection of the plaint under Order VII, Rule 11(a) and (d) of the Code of Civil Procedure, 1908 (for brevity 'the C.P.C.') by the learned II Additional District and Sessions Judge (Fast Track Court), Ongole, Prakasam District in O.S. No. 3 of 2001.3. For convenience, the parties herein are referred to as arrayed in the suit.4. The case of the plaintiffs, in brief, is that one Gadiyaram Venkata Narasimha Murthy (for brevity 'GVN Murthy') had two sons and two daughters viz., Sri Venkata Ramaswamy, Sri Kalidas, Smt. Ahobila Arundhati and Smt. Addepalli Vedavathi. The first plaintiff is the wife and plaintiffs 2 to 4 are the children of late Kalidas who died in the year 1992. Defendants 1 to 3 are the daughters of late Venkata Ramaswamy who died in the year 1996. Defendant No. 4 is the husband and Defendamts 5 to 10 are the children of late Vadavathi who died in the year 1986. Arund...
T.V. Ratnakar Rao Vs. Hemantha Kumar and anr.
Court: Andhra Pradesh
Decided on: Apr-27-2007
Reported in: 2007(4)ALD334; 2007(4)ALT242
D.S.R. Varma, J.1. Aggrieved by the judgment and decree, dated 6-3-2006, passed in O.S. No. 422 of 2003, by the IX Additional Chief Judge, City Civil Court (Fast Track court) at Hyderabad, decreeing the suit for specific performance of the agreement of sale, dated 9-5-2003, and for a consequential injunction to restrain the defendant from transferring or alienating or changing the nature of the suit schedule property, the present City Civil Court Appeal is filed by the defendant in the suit.2. Appellant is the defendant and respondents are the plaintiffs in the suit, before the court below.3. For the sake of convenience, in this judgment, the parties herein are referred to as per their array in the suit.4. The plaint averments, in brief, are that defendant is the absolute owner of the suit schedule property, bearing No. 8-2-293/82/A 357, admeasuring 1176 sq. yards in Sy No. 120 (403-1, old), situated at Shaikpet Village, Hyderabad of Jubliee Hills Co-operative House Building Society Li...
Jogani Mallaiah Vs. Y. Suresh Babu and ors.
Court: Andhra Pradesh
Decided on: Apr-27-2007
Reported in: AIR2007AP301; 2007(4)ALD425; 2007(4)ALT440
P.S. Narayana, J.1. Though the civil miscellaneous appeal is of the year 2007, when the application CMA MP No. 528 of 2007 was moved to vacate the interim order dated 23-2-2007, since urgency was pleaded by Sri M.V.S. Suresh Kumar, the matter was directed to appear in the list for final hearing on 26-4-2007 and after a couple of adjournments the matter is coming up before this Court today for final hearing.2. The present civil miscellaneous appeal is filed by the appellant-plaintiff, Rl in AS No. 66 of 2006 on the file of II Additional District Judge, Ranga Reddy District, N.T.R. Nagar, Hyderabad, being aggrieved of an order of remand made thereunder. The appellants in AS No. 66 of 2006 referred to supra are non-parties to OS No. 338 of 1999 on the file of the Principal Junior Civil Judge, West and South, Ranga Reddy District, N.T.R. Nagar. It is stated that with the leave of the Court the appeal had been preferred and the learned Judge after recording certain reasons had set aside the...
Kovvuri Trinadha Reddy Late Sri Subba Reddy, Hindu Vs. Eastern Power D ...
Court: Andhra Pradesh
Decided on: Apr-27-2007
Reported in: 2007(6)ALD752
ORDERRamesh Ranganathan, J.1. W.P. No. 3211 of 2006 was filed seeking to have the provisional assessment notice dated 17.02.2006, issued by the Assistant Divisional Engineer, Electrical Operation of the Central Power Distribution Company of A.P. Ltd., declared as illegal, arbitrary, unjust and contrary to Section 126 of the Electricity Act, 2003. When the matter came up for admission on 17.3.2006 the learned Single Judge, while examining the question, whether the provisions of the Electricity Act, 2003 empowered the inspecting officer to disconnect power supply if a person was found indulging in unauthorized use of electricity, noticed an apparent conflict between two earlier Division Bench Judgments in Komarapu Chiranjeevulu v. Eastern Power Distribution Co. of A.P. Ltd. Judgement in W.A. No. 194 of 2004 dated 9.7.2004, and Mallikarjuna Polishing Industries v. Chief Managing Director, Transmission Corporation of A.P. Ltd. Judgment in W.A. Nos. 452 and 477 of 2004 dated 11.3.2004, Whil...
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