Andhra Pradesh Court June 2007 Judgments

Food Corporation of India Vs. Karri Nagi Reddy and ors.

Court: Andhra Pradesh

Reported in: 2007(5)ALD367; 2007(6)ALT604

G.V. Seethapathy, J.1. This appeal is directed against the judgment and decree dated 28.12.1998 in OS No. 2154 of 1989 on the file of I Senior Civil Judge, City Civil Courts, Hyderabad, wherein the suit filed by the appellant for recovery of a sum of Rs. 1,99,981.08 was dismissed.2. The appellant herein filed suit against the respondent-defendant with the following averments:The plaintiff is a statutory Corporation and Central Government Undertaking, dealing in grains and other essential commodities. The defendant is a partnership firm doing business in rice in Thondangi of East Godavari District. The defendant submitted tender for purchase of rice stocks put up for sale by the plaintiff after inspecting the goods. The plaintiff accepted the rates at Rs. 192/- to Rs. 202/- per quintal offered by the defendant i.e., for Lot No. 1 at Vizag for quantity of 151.4 metric tons at Rs. 192/-per quintal, for Lot No. 2 at Vizag for 99.3 metric tons at Rs. 192/- and for Lot No. 3 at Tadepalligude...

Ferro Alloys Corporation Ltd. Vs. Government of A.P. and anr.

Court: Andhra Pradesh

Reported in: 2007(6)ALD310

ORDERGopala Krishna Tamada, J. 1. This writ petition is filed seeking a mandamus to declare the Memo No. 4215/Regn.II/ 97-7, dated 6-8-1997 issued by the 1st respondent as arbitrary and illegal, and consequently direct the respondents to refund the stamp duty of Rs. 3,00,000/- paid by the petitioner.2. The case of the petitioner in brief is that the 1st respondent issued G.O. Ms. No. 750 dated 22-12-1995 amending Clauses 1 and 3 of the orders issued in G.O. Ms. No. 912, dated 20-9-1974 by substituting the following:(1) Unattested instrument evidencing an agreement relating to the hypothecation of movable property where such hypothecation has been made by way of security for the repayment of money advanced or to be advanced by way of loan or of any existing or future debt - Duty chargeable as mortgage under Article 35(b) of Schedule-IA to the Indian Stamp Act, 1899 is reduced to Rs. 1.00/- upto the loan amount of Rs. 30,000/- and thereafter subject to a maximum duty of Rs. 1,00,000/-.(2...

Kesari Goutham Reddy Vs. Velpula John Victor Macaulay and anr.

Court: Andhra Pradesh

Reported in: 2007(5)ALD656; 2007(6)ALT20

ORDERP.S. Narayana, J. 1. Heard Sri Prabhakar Peri, the learned Counsel representing the revision petitioner-proposed party and Sri S. Srinivas Reddy, the learned Counsel representing the first respondent.2. The CRP is filed as against the order, dated 28.4.2006, made in I.A. No. 221 of 2004 in A.S. No. 30 of 2001 on the file of IV Additional District Judge, Nellore. The application was filed under Order 1 Rule 10 of the Civil Procedure Code (hereinafter referred to as 'the Code' for the purpose of convenience) for impleading the petitioner-proposed party as one of the respondents in A.S. No. 30 of 2001. The learned Judge recorded certain reasons and, ultimately, dismissed the said application. Aggrieved by the same, the present CRP is preferred.3. This Court, on 22.6.2006, granted stay of pronouncement of judgment in the said appeal and adjourned the matter to 13.7.2006 and the interim order was extended and the Counsel for petitioner is permitted to take out notice and file proof of ...

Pogu Narayana and Another Vs. Oriental Insurance Company Ltd. and Othe ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Mrs. M. Shreesha, Incharge President: Oral: 1. Aggrieved by the order in C.D. No. 285/2002 on the file of District Forum, Nizamabad, the complainants preferred this appeal. 2. The brief facts as set out in the complaint are that the complainant Nos. 1 and 2 are the sons of late Pogu Hanumanthu, who was a member of the opposite party No. 2 society, was insured under Group Personal Accident Policy of the opposite party No. 1 and died on 14.11.1999 due to drowning in a canal by accidental fall. The police registered the case and held inquest and post-mortem was also conducted and Dr. K. Venkatarao, Civil Asst. Surgeon, who conducted autopsy opined that the cause of death is due to drowning. Thereafter the complainants made a claim for Rs. 1,00,000 submitting all the necessary documents and on 27.4.2001, opposite party No. 1 informed opposite party No. 2 that the complainants are not entitled to the insurance amount as the deceased was insane and fell down into the canal due to insanity an...

Mohd. Qasim and anr. Vs. Special Court Constituted Under the A.P. Land ...

Court: Andhra Pradesh

Reported in: 2007(4)ALT601

ORDERB. Prakash Rao, J.1. Since these two writ petitions arise out of common proceedings and involve common question, they have been taken up together for disposal.2. The petitioner in W.P.No. 1485 of 2005 is respondent No. 1 before the Special Court and whereas the petitioner in other W.P.No. 6268 of 2005 is the purchaser from respondent No. 9 before the Special Court in the LGC. Hence, after obtaining the leave filed the writ petitions challenging the very same order.3. Heard Sri C.P. Reddy, learned Senior Counsel appearing for the petitioner in W.P.No. 1485 of 2005 and Sri P. Roy Reddy, learned Counsel for the petitioner in W.P.No. 6268 of 2005 and the learned Government Pleader for Revenue (Assignments).4. After considering the submissions made on behalf of the petitioners and also on perusal of the material on record, the short question which arises for consideration in these two writ petitions is whether in exercise of suo motu powers as conferred under Section 8 of the A.P. Land...

Shabeer Ahmed Vs. Shamshad Begum

Court: Andhra Pradesh

Reported in: 2007(6)ALD303; 2007(5)ALT3

ORDERC.Y. Somayajulu, J.1. Respondent filed a suit for mandatory and perpetual injunction against the revision petitioner and filed a petition under Order XXVI Rule 9 read with Section 151 of the Code of Civil Procedure to appoint an advocate commissioner to note down the physical features and to take measurements of the plots with the assistance of Municipal Surveyor, Kurnool Municipal Corporation, which was registered as I.A. No. 988 of 2006 on 8-11 -2006. The trial Court directed issuance of notice and posted the interlocutory application for notice and counter on 10-11 -2006. On 10-11 -2006 counsel for the revision petitioner sought time for filing counter during call work. The trial Court without granting time to the revision petitioner to file counter allowed the petition and appointed an advocate commissioner on the ground that no prejudice would be caused to the revision petitioner by appointing an advocate commissioner as sought in the petition. Aggrieved by the said order, th...

S. Trimurthy Vs. Municipal Corporation of Hyderabad and ors.

Court: Andhra Pradesh

Reported in: 2007(5)ALD242; 2007(5)ALT62

T. Ch. Surya Rao, J.1. The instant miscellaneous appeal is sought to be filed by the appellant assailing the order dated 31-1-2007 passed by the learned Chief Judge, City Small Causes Court, Hyderabad, in M.A. No. 82 of 2006.2. The unsuccessful appellant in M.A. No. 82 of 2006 is the appellant herein. He filed M.A. No. 82 of 2006 assailing the notice bearing No. 13/TP/MCH/SD/04 dated 11-8-2004. That was a notice issued under Section 456 of the Hyderabad Municipal Corporations Act, 1955 (for short 'HMC Act') requiring the appellant to vacate and remove the dilapidated house within 24 hours so as to prevent all causes of danger with an observation that in default the house would be pulled down or demolished departmentally by the Corporation. That notice was issued on the premise that the premises in question was in dangerous and serious condition and was likely to fall causing danger to any person occupying the premises and the surrounding neighbours and the public passing through the ro...

Sk. Azgarali Vs. Sk. Nazir Basha and ors.

Court: Andhra Pradesh

Reported in: 2007(6)ALT12

ORDERP.S. Narayana, J.1. Heard Sri V.V.L.N. Sarma, learned Counsel representing the appellant in the Second Appellant and the revision petitioners in the C.R. Ps. and Sri M. Venkata Narayana, learned Counsel representing the respective respondents in all these matters.2. Notice before admission was ordered in all these matters and Sri M. Venkata Narayana, learned Counsel representing the respective respondents entered appearance. At the request of the counsel on record, the matters are being disposed of finally.3. Sri V.V.L.N. Sarma, learned Counsel representing the appellant in Second Appeal and the revision petitioners in the C.R.Ps would submit that the substantial question of law that would arise for consideration in this Second Appeal is whether the judgment of the appellate court is a judgment in the eye of law and is it not necessary for the appellate Court to appreciate the material on record after hearing the parties. The learned Counsel also had pointed out the findings which...

Shaik Jilani Basha Vs. Shaik Shakeera

Court: Andhra Pradesh

Reported in: 2007(4)ALD870; 2007(5)ALT5

ORDERP.S. Narayana, J.1. Heard Sri P. Rajasekhar, learned Counsel representing the revision petitioner and Sri A. Chandraiah Naidu, learned Counsel representing respondent and perused the impugned order.2. Sri P. Rajasekhar, learned Counsel representing the revision petitioner, petitioner-defendant in I.A. No. 1062 of 2006 in O.S. No. 111 of 2006 on the file of the Principal Senior Civil Judge, Nellore, had taken this Court through the impugned order and would submit that dismissal of the application praying for putting forth of the counter-claim on the ground that the written statement already was filed, cannot be a sustainable ground. The learned Counsel placed strong reliance on the decisions in Mahendra Kumar and Anr. v. State of M.P. and Ors. : [1987]3SCR155 and Smt. Shanti Rani Das Dewanjee v. Dinesh Chandra Day (dead) by LRs. : AIR1997SC3985 . The learned Counsel also while further elaborating his submissions would maintain that though the application was filed under Order VI Ru...

The Branch Manager, the New India Assurance Company Ltd. Vs. S.V. Engi ...

Court: Andhra Pradesh

Reported in: 2008(1)ARBLR12(AP)

ORDERP.S. Narayana, J.1. The revision petitioner, first defendant in O.S. No. 26 of 2002 on the file of the Principal District Judge, Nellore, being aggrieved of the order dated 23rd day of October, 2006, had preferred the present civil revision petition.2. Heard Sri Kota Subba Rao, learned Counsel representing the petitioner-defendant No. 1 and Sri P.Vinayaka Swamy, learned Counsel representing the first respondent-plaintiff.3. The parties hereinafter would be referred to as plaintiff and first defendant for the purpose of convenience.4. The plaintiff filed the suit O.S. No. 26 of 2002 on the file of the Principal District Judge, Nellore, for recovery of damages for the vehicle based on insurance policy. The learned judge in nutshell having referred the respective pleadings of the parties after referring to Clause 7 of the policy in question, came to the conclusion that since the liability under the policy is not disputed and the dispute is only with regard to laches and also correctn...