Andhra Pradesh Court April 2007 Judgments
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Bayya Mohan Rao and anr. Vs. Parsia Bala Subrahmanyeswara Rao
Court: Andhra Pradesh
Decided on: Apr-03-2007
Reported in: 2007(5)ALD239; 2007(4)ALT436
L. Narasimha Reddy, J.1. The respondent filed O.S. No. 38 of 2002 in the Court of II Additional District Judge, Vijayawada, against the petitioners for the relief of partition of the suit schedule properties and for cancellation of sale deed dated 8-3-2002, in relation to 'B' Schedule property He has also prayed for a decree for damages and other reliefs. The plaint was subsequently amended in certain respects. The respondent filed I.A.No. 450 of 2006, under Order 7 Rule 14 read with Section 151 C.P.C., with a prayer to condone the delay in receiving the documents mentioned therein. The first document is, the opinion rendered by the handwriting expert by name, Sri C.S.R. Murthy, and another is, a letter addressed by the expert to the petitioners, returning the documents, after rendering the opinion. The remaining document are, registration extract of G.P.A. and certified copies of vakalat, written statement, counter, etc. In the affidavit filed in support of the petition, the responden...
Sjk Steel Plant Ltd., Rep. by Its Managing Director Vs. Government of ...
Court: Andhra Pradesh
Decided on: Apr-03-2007
Reported in: 2007(4)ALT488
ORDERG.S. Singhvi, C.J.1. Shri S. Ravi for the applicant - petitioner.2. Shri A. Rajasekhar Reddy, Assistant Solicitor General for the non-applicants -respondents.3. In the main petition, the petitioner has questioned the legality of order dated 17-5-2006, vide which the Central Board of Taxes and Customs (for short 'the Board') rejected its prayer for waiver of interest on the customs duty.4. In the miscellaneous petitions, the applicant-petitioner has prayed for restraining the respondents form taking any coercive action, including detention of plant and machinery, and also direct them to maintain status quo till the decision of the writ petition.5. In the affidavits filed in support of the applications, the representative of the petitioner, Sri Y. Jithin Kumar, has reiterated the factual matrix of the case and averred that rejection of the petitioner's application for exemption/waiver of interest by the Board is vitiated by an error of law and is also contrary to the directions give...
itc Ltd. Vs. Inspector, Legal Metrology and anr.
Court: Andhra Pradesh
Decided on: Apr-03-2007
Reported in: 2007CriLJ3306
ORDERG. Yethirajulu, J.1. This is an application filed by the petitioner-A1 under Section 482, Cr. P.C. to quash the proceedings in STC No. 5 of 2007 on the file of the Munsif Magistrate, Macherla, Guntur District, for the offence under Section 72 for contravention of Section 39 read with Section 63 of the Standards of Weights & Measures Act 1976, read with Rule 4, Rule 29(a)(b)(c) and Rule 23(1) read with Rule 39(1) of the Standards of Weights and Measures (Packaged Commodities) Rules 1977.2. The allegation of the prosecution is that the petitioner is manufacturing the cigarette packets of FLPETIOHL 12000 and were transporting to various destinations. On 22-2-2006, at about 4-15 p.m. the Inspector, Legal Metrology, Sattenapalli inspected the trading premises of M/s. Venkata Siva Sai Agencies, Macharla and found on person by name Medam Nageswara Rao was present In the possession of the package in question of FLPETIOHL 12000, displaying for selling in the trading premises. The said pack...
First Leasing Company of India Limited Vs. Commercial Tax Officer
Court: Andhra Pradesh
Decided on: Apr-03-2007
Reported in: (2007)10VST170(AP)
ORDERBilal Nazki, J.1. Heard learned Counsel for the parties.2. The grievance of the petitioner is that although he has been held entitled to refund of amounts totalling to Rs. 21,45/648, but the amounts are not being paid. Counter has been filed. On March 26, 2007 this Court passed an order, which is reproduced below:The respondent shall furnish the list of the officers who handled this matter from March 25, 1998. It is conceded by the respondent that the petitioner is entitled to a refund of Rs. 21,45,648. It is also conceded in the counter-affidavit that orders in the appeal were passed on March 25, 1998, but refund order was not passed by the authorities till July 18, 2003. It took the officers more than 5 years to pass the consequential order of refund although orders in the appeal have been passed in March, 1998. Even after a formal order of refund was passed on July 18, 2003, the amounts have not been refunded till date. Under the provisions of law, the petitioner is entitled to...
Mohammed Ibrahim and anr. Vs. Mohammed Abdul Razzak
Court: Andhra Pradesh
Decided on: Apr-02-2007
Reported in: AIR2007AP294; 2007(3)ALD617
D. Appa Rao, J.1 This is an appeal preferred by the unsuccessful plaintiff against refusal of relief of specific performance of agreement of sale dated 28-5-1997, in O.S. No. 492 of 1999, on the file of the III Additional Chief Judge, City Civil Courts, Hyderabad, pertaining to the house bearing No. 1-4-732/35, Bakaram, Musheerabad, Hyderabad.2. The case of the plaintiff, in brief, is that the plaint schedule house belongs to the defendant and he has taken it on rent at Rs. 1,500/- per month. Later, he entered into an agreement of sale Ex.B1 dated 28-5-1997 for purchase of the property for Rs. 10,89,000/- and paid an advance of Rs. 2,72,250/-, evidenced under Ex.B2 receipt. He was always ready and willing to perform his part of contract, however the defendant has failed to perform his part of contract by not obtaining the Clearance Certificate from the Income Tax Department and in spite of negotiations held elder Bawar Mian, the defendant did not come and execute registered sale deed b...
Ratakonda Kanthamma and ors. Vs. District Registrar and anr.
Court: Andhra Pradesh
Decided on: Apr-02-2007
Reported in: 2007(4)ALD13
ORDERL. Narasimha Reddy, J.1. The first petitioner is the wife of one Sri R. Kamalakara Naidu and petitioners 2 to 5 are their children. The second petitioner was given in adoption to one Sri B. Narayana Swamy Naidu. After the death of Kamalakara Naidu, the properties held by that family were sought to be partitioned, through a document, dated 13-3-2006. The second petitioner was also allotted a share on the ground that by that time he was given in adoption, he became entitled to it.2. The document was presented before the second respondent, for registration. The stamp duty of 1% on the value of the property was paid as per Article 49-A of Schedule I-A of the Indian Stamp Act, as it applies to the State of Andhra Pradesh. The second respondent entertained a doubt as to the adequacy of stamp duty and registration charges and addressed a letter, dated 18-3-2006, to the first respondent. The latter, in turn, replied on 26-4-2006, stating that the second respondent can be treated as a memb...
Kallem Srinivasa Reddy and ors. Vs. Government of Andhra Pradesh, Rep. ...
Court: Andhra Pradesh
Decided on: Apr-02-2007
Reported in: 2007(4)ALD489; 2007(4)ALT270
ORDERV.V.S. Rao, J.1. Kallem Srinivas Reddy and his two brothers represented by their General Power of Attorneys (GPAs), namely, Myakala Sathaiah and Myakala Mahender, filed the instant writ petition seeking a writ of Mandamus declaring the action of the first respondent in not communicating the orders of exemption on application dated 01 -3-2006 made by the petitioners seeking benefit under G.O.Ms. No. 733, dated 31-10-1988, as illegal and arbitrary, and for a further declaration that the petitioners are entitled for the exemption of their land from the purview of the provisions in Chapter-III of the Urban Land (Ceiling and Regulation) Act, 1976 (the Act, for brevity). The petitioners also seek a direction to respondents not to interfere with possession and enjoyment of the said property.2. The petitioners are allegedly the owners and possessors of land admeasuring Acs. 5.20 gts (22,782 Sq.mts) in survey Nos. 32, 34 and 35 of Kothapet village of Saroornagar Mandal in Ranga Reddy Distr...
Bhukya Lakshmi Bai @ Jagannadam Lakshmi Bai Vs. State Election Commiss ...
Court: Andhra Pradesh
Decided on: Apr-02-2007
Reported in: 2007(4)ALD271; 2007(4)ALT292
ORDERL. Narasimha Reddy, J.1. The petitioner was appointed as an Anganwadi Worker of Yanamadala Village, Nuzvidu Mandal, Krishna District; several years ago. The election to the Gram Panchayat of that village held in June 2006. She intended to contest to the office of Member of the Gram Panchayat, and accordingly filed nomination. She was elected, and is holding the office, as of now. The Project Director, Integrated Child Development Scheme, Krishna District, the 4th respondent, issued a memo dated 14-11 -2006, to the effect that the Anganwadi workers, who are elected to offices, in the Panchayat Raj Institutions, are not entitled to continue as Anganwadi workers, in view of the clarification given by the Government, in their memo dated 09-11 -2006; and instructions were issued to the subordinate officers to take necessary action. The petitioner challenges the said memo.2. Petitioner states that, at the time of elections, uncertainty prevailed, as to whether Anganwadi workers can cont...
Sri Tirumala Modern Rice Mill Vs. Transmission Corporation of A.P. Ltd ...
Court: Andhra Pradesh
Decided on: Apr-02-2007
Reported in: AIR2007AP265; 2007(4)ALD349; 2007(4)ALT497
ORDERV.V.S. Rao, J.1. This common order shall dispose of these three writ petitions as question raised and the background of the cases is similar. The respondents in these three writ petitions are also the same.2. The petitioner in W.P. No. 22023 of 2006 is availing electricity supply from the respondents under L.T. Category-Ill service connection bearing No. 7335. The second respondent inspected the petitioner's premises on 28.9.2006 and found that CT meters and CT chamber seal bit No. A40033 to be in tampered condition. On opening the CT box, it was observed that R-phase CT secondary terminal S1 connection is loose and R-phase potential connection at tapping point is loose. There were also other incriminating circumstances. The second respondent came to prima facie conclusion that the petitioner resorted to pilferage of energy. A case under Section 135 of the Electricity Act, 2003 (Electricity Act, for brevity) was registered and power connection was disconnected. Provisional value o...
Sk. Peeramma Vs. Dama Masthanaiah and anr.
Court: Andhra Pradesh
Decided on: Apr-02-2007
Reported in: 2007(4)ALD859
G.V. Seethapathy, J.1. This appeal is directed against the order dated 19.8.1997 in OP No. 266 of 1992 on the file of the Motor Accidents Claims Tribunal (II Additional District Judge), (for short 'Tribunal') Nellore, wherein the claim of the appellant herein was allowed in part awarding compensation of Rs. 28,500/- with interest at 12% per annum from the date of petition.2. The appellant herein filed claim application before the Tribunal claiming compensation of Rs. 1,75,000/- on account of the death of her deceased son Sk. Jeelani, who died in a motor vehicle accident that occurred on 13.6.1990. According to the claimant, on that day the deceased was engaged as a coolie in the tractor bearing No. AP 27 T 557 trailer bearing No. AP 27 T 559 belonging to first respondent, and at about 4 p.m. the deceased who was travelling as a coolie in the tractor fell down due to rash and negligent driving of the tractor by its driver and the wheels of the trailer ran over the deceased, who died whi...
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