Andhra Pradesh Court June 2007 Judgments

Eagalapati Venkateshwara Rao Vs. Late Devi Malu

Court: Andhra Pradesh

Reported in: 2007(5)ALD468; 2007(5)ALT765

ORDERL. Narasimha Reddy, J. 1. The respondent filed O.S. No. 58 of 2001, against the petitioner, in the Court of Senior Civil Judge, Nizamabad, for redemption of a mortgage, covering a sum of Rs. 2,76,000/-. An ex-parte preliminary decree was passed on 3.8.2001. Thereafter, the petitioner filed LA. No. 125 of 2002, for final decree. The same was allowed on 12.8.2002. The petitioner filed an application, under Order IX Rule 13 C.P.C., to set aside the ex-parte preliminary decree, passed on 3.8.2002. Since there was delay of 873 days, he filed LA. No. 97 of 2004, under Section 5 of the Limitation Act.2. Petitioner pleaded that he shifted his residence from Nizamabad to Vijayawada, in the year 2002, and on account of the same, he was not aware of the proceedings initiated against him, by the respondent. As regards the publication of notice in the local newspaper, he pleaded that the edition, in which the notice was published, is not circulated at the place, where he was residing, and ulti...

Balaji Nursing Home and Others Vs. A. Eranna Goud and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Mrs. M. Shreesha, Incharge President: 1. Aggrieved by the order in CD No. 241/2000 dated 1.1.2004 on the file of District Forum, Kurnool, opposite parties 1 to 3 preferred this appeal. The brief facts as set out in the complaint are that the complainant is an agriculturist by profession and also does Coolie work and he sustained compound fracture to his right leg in a road accident on 26.6.1999 and took treatment at Raichur. Not satisfied with the treatment there, he joined opposite party No. 1 Nursing Home for which opposite party No. 2 is the owner. Opposite party No. 1 was insured with opposite party No. 5 under the Professional Indemnity Policy. Opposite party No. 2 arranged for the surgery of the complainant by engaging the services of opposite parties 3 and 4. Opposite party No. 4 conducted the surgery with the assistance of opposite party No. 3 and the nursing staff of opposite party No.1 on 5.7.2000. The complainant approached opposite party No.1 and sought for removal of the p...

Nookala Krishnaiah and anr. Vs. Nookala Dakshina Murthy and ors.

Court: Andhra Pradesh

Reported in: 2007(6)ALD781; 2007(5)ALT758

ORDERB. Seshasayana Reddy, J.1. This Civil Revision Petition is directed against the order dated 31-1-2007 passed in O.S. No. 22 of 2003 on the file of the Additional Senior Civil Judge, (FTC) Nandyal, whereby and where under the learned Additional Senior Civil Judge sustained the objection of the 1st defendant with regard to admissibility of two rental deeds dated 1-8-2001 and 28-4-2003 respectively and directed the plaintiff to pay necessary stamp duty and penalty for exhibiting the rental deeds on her behalf.2. The background facts leading to filing of this Civil Revision Petition by the plaintiff in O.S. No. 22 of 2003 are:Nookala Krishnaiah filed suit O.S. No. 22 of 2003 for cancellation of the gift deed dated 18-10-2000 obtained by the 1st defendant-Nookala Dakshina Murthy as the same is void and vitiated by fraud. The plaintiff died and plaintiff No. 2 and defendants 2 to 6 came to be brought on record as his legal representatives as per orders in I.A. No. 894 of 2005 and I.A. 4...

Sultan-ul-uloom Education Society Rep. by Its Hon. Secretary Dr. Mohd. ...

Court: Andhra Pradesh

Reported in: 2007(6)ALD315

T. Ch. Surya Rao, J.1. The instant appeal, after having obtained the leave of this Court, is sought to be filed assailing para 15(8) of the Judgment and condition 8 of the decree alone passed by the learned Chief Judge, City Civil Court, Hyderabad, inter alia in his common Judgment and decrees in O.S. No. 154 of 2003 and O.S. No. 181 of 2003.The appellant is a third party to the suits. The first respondent herein filed the suits O.S. No. 154 of 2003 and O.S. No. 181 of 2003 for declaring the action of the trustees of the second respondent trust in declaring the third respondent, Prince Shahmat Ali Khan as the sole and only legal heir of Prince Muazzam Jah Bahadur as null and void; and for declaring her as one of the legal heirs of late Prince Muazzam Jah Bahadur being the eldest daughter through second wife and for consequential permanent injunction. Defendants 1 to 4 in the suit are respondents 2 to 5 herein.2. At the culmination of trial and after having heard either side, the learne...

Transmission Corporation of A.P. Limited (Ap Transco), Rep. by Its Cha ...

Court: Andhra Pradesh

Reported in: 2007(5)ALD324; 2007(4)ALT618

G.S. Singhvi, C.J.1. These appeals by Transmission Corporation of Andhra Pradesh Limited (AP TRANSCO) and Government of Andhra Pradesh are directed against order dated 28-2-2007 passed by the learned Single Judge in WPMP No. 4878 of 2007 (in Writ Petition No 3827 of 2007), WPMP No 4985 of 2007 (in Writ Petition No 3906 of 2007), and order dated 27-4-2007 passed in WPMP No 10274 of 2007 (in Writ Petition No. 3827 of 2007) and WPMP. No. 10275 of 2007 (in Writ Petition No. 3906 of 2007).2. For deciding the issue raised in the appeals, we have culled out the relevant facts from the records of Writ Petition No. 3827 of 2007 and Writ Appeal Nos.358, 483 and 484 of 2007.3. M/s. Gautami Power Limited (respondent No. 1 in three writ appeals) through its Director Shri S. Bhupal, who has also, in his capacity as shareholder of the company, joined as petitioner No. 2, filed writ petition under Article 226 of the Constitution of India for grant of a declaration that 1.96 Million Cubic Metres of nat...

National Insurance Co. Ltd. Vs. Chakali Rangaiah and anr.

Court: Andhra Pradesh

Reported in: 2007(5)ALD358

G.V. Seethapathy, J.1. This appeal is directed against order dated 4.1.1999 in O.P. No. 5 of 1996 on the file of Motor Accidents Claims Tribunal-cum-IV Additional District Judge, Kurnool (in short, 'the Tribunal') wherein the claim of respondents 1 and 2 was allowed in part awarding compensation of Rs. 62,000/- with interest at 12% per annum from the date of the petition.2. The first respondent filed the claim application seeking compensation of Rs. 1,00,000/- on account of death of his son, the deceased Madanna, who died in a motor vehicle accident that occurred on 5.10.1995. Subsequently, the second respondent herein was impleaded as second claimant being mother of the deceased. According to the claimants, the deceased boy aged 8 years sustained grievous injuries on the head and face when jeep bearing No. AP-9G-7962 dashed against him due to rash and negligent driving by its driver near Chakrala Road of Pathikonda. It is further pleaded that the deceased was studying 4th class in Ada...

D. Narayana Reddy Vs. Joint Collector and anr.

Court: Andhra Pradesh

Reported in: 2008(1)ALD528; 2008(3)ALT768

ORDERG. Rohini, J.1. The writ petitioner is the authorized dealer of the fair price shop of Marutla-II Village, Kuderu Mandal, Ananthapur District. The 2nd respondent issued a show-cause notice-cum-suspension order dated 9-12-2003 calling upon the petitioner to show-cause as to why his authorization should not be cancelled on the allegation that he had misused 193 quintals of food for work and also suspending the authorization pending enquiry.2. Though the petitioner submitted his explanation denying the allegations made in the show-cause notice, the same was not accepted and the authorization of the petitioner was cancelled vide proceedings of the 2nd respondent dated 15-10-2005.3. It is to be noted that on the basis of the very same allegation of misappropriation of food for work rice, a complaint was lodged by the Mandal Revenue Officer, Kuderu before the Station House Officer, Kuderu Police Station. The same was registered as Cr. No. 88 of 2002 under Section 409 of Indian Penal Cod...

Shaik HussaIn Vs. State of A.P.

Court: Andhra Pradesh

Reported in: 2007CriLJ3999

A. Gopal Reddy, J.1. The appellant/sole accused filed this criminal appeal challenging the judgment passed by the V Additional Metropolitan Sessions Judge, Hyderabad, in S.C. No. 513 of 1999, dated 20.08.2002, whereby the accused was convicted for the offences punishable under Sections 498A, 324 and 306 IPC and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 5,000/-, in default, to undergo simple imprisonment for one year for the offence under Section 306 IPC. In view of the sentence imposed for the offence under Section 306 IPC no separate sentence was imposed for the offences under Sections 498A and 324 IPC.2. The accusation, which led to the conviction of the appellant is that on 10.06.1999 at about 5 p.m., the accused being the husband of Smt. Farzana Begum @ Husna Begum (hereinafter referred to as 'the deceased'), subjected her to cruelty and harassment by beating her indiscriminately with belt, sticks, wooden plank etc., in a drunken...

Mr. Khaleel Rahman Vs. the State of A.P. Rep. by Public Prosecutor

Court: Andhra Pradesh

Reported in: 2007CriLJ4558

Bilal Nazki, J.1. This appeal is filed by Accused No. 1 in Sessions Case No. 191 of 2003 on the file of III Additional Sessions Judge, Karimnagar. Originally charge sheet was filed against three persons and they were charged for the offence under Section 302 read with 34 of IPC. A-2 and A-3 have been acquitted. A-1 was found guilty for the offence under Section 302 of IPC and was sentenced to undergo imprisonment for life and also fined Rs. 2,000/-, in default, he has to suffer simple imprisonment for six months.2. The learned Counsel for appellant submits that the conviction in this case cannot be sustained as the trial Court has convicted the accused on the basis of a dying declaration which is not reliable. He submits that there is no evidence other than the dying declaration and in this case, there are two dying declarations, which contradict each other.3. The prosecution story was that A-1, A-2 and A-3 who were the brother-in-law, husband and mother-in-law respectively, of the dec...

Jumgo Cotton Enterprises Vs. Rayalseema Mills Limited

Court: Andhra Pradesh

Reported in: [2007]138CompCas920(AP)

Bilal Nazki, J.1. This appeal is filed against the order of learned Company Judge in CP No. 143 of 2002. The company petition was dismissed mainly on the ground that there was no ascertained or determined debt and the application of the petitioner firm related to the entries made in the petitioner's books of account prior to three years. Both the findings are challenged in this appeal by the petitioner/appellant.2. It is pointed out by the learned Company Judge in para-10 of his judgment that E.A-61 was the running account, but it was for different periods. It gave the periods as 23.4.2001 to 304.2001, 28.5.2001 to 31.5.2001, 27.6.2001 to 6.7.2001, 27.7.2001 to 31.7.2001, 27.8.2001 to 31.8.2001, 18.9.2001 to 30.9.2001, 22.10.2001 to 31.10.2001, 22.11.2001 to 30.11.2001, 21.12.2001 to 31.12.2001, 23.1.2002 to 31.1.2002, 1.2.2002 to 28.2.2002 and 2.3.2002 to 23.3.2002. The learned Counsel for the petitioner/appellant submits that it was a running account and the last transaction was betw...