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Andhra Pradesh Court July 2007 Judgments

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Jul 31 2007

P.V. Ramana Rao S/O Bhaskaram Vs. the Government of Andhra Pradesh, Re ...

Court: Andhra Pradesh

Decided on: Jul-31-2007

Reported in: 2007(5)ALD689

ORDERL. Narasimha Reddy, J.1. Petitioner is an Advocate and holds a certificate to practice as 'notary'. During the course of his activity, he notarised two documents. The first is an affidavit dated 22.12.2005, through which one Sri K. Ananda Ram had declared and affirmed the ownership of his property, in the context of obtaining a loan from M/s. Vijaya Bank. The second is an affidavit, dated 17.01.2006, sworn to by one Sri Jasti Padma Veera Kumar authorizing his son, by name Jasti Dharma Rao to receive compensation for the land acquired from him.2. The District Registrar, Stamps and Registration, Rajahmundry, East Godavari, 3rd respondent herein prepared notes of inspection of notarial records of the petitioner, dated 23.12.2006. It was pointed out that the documents, referred to above, have not been stamped properly and there is a deficit of Rs. 12,030/- for both the documents. On receipt: of the same, the petitioner submitted objections on 07.02.2007 stating, inter alia, that the l...


Jul 31 2007

Mirza Abdul Kareem Bai Khalidi Vs. Shaik Abdul Aziz and ors.

Court: Andhra Pradesh

Decided on: Jul-31-2007

Reported in: 2008(1)ALD72; 2008(1)ALT480

ORDERGopala Krishna Tamada, J.1. This civil revision petition is directed against the order dated 11.4.2007 made in I.A. No. 2424 of 2006 in O.S. No. 318 of 2006, by which a petition filed by the 1st defendant under Section 151 of the Code of Civil Procedure seeking a direction to the plaintiff to furnish better particulars viz., details of each document pertaining to sale made in Sy.Nos. 736, 737 and 738 situated at Bommakal Village, was dismissed.2. 1st respondent-plaintiff filed a suit being O.S. No. 318 of 2006 against the revision petitioner and respondents 2 and 3 herein for permanent injunction. It may not be necessary to delve various facts narrated in the petition or canvassed by the learned Counsel for the petitioner.The short point that arises for consideration in this revision is as to whether the petition filed under Section 151 of the Code of Civil Procedure (for short 'the Code') is justified or not?3 The contention of the learned Counsel for the 1st respondent is appeal...


Jul 31 2007

S. Abdul Salam Vs. S. Gousiya Bi and ors.

Court: Andhra Pradesh

Decided on: Jul-31-2007

Reported in: I(2008)DMC116

ORDERK.C. Bhanu, J.1. This criminal petition is filed challenging the order dated 25th March, 2006 made in Criminal Revision Petition No. 26 of 2004 on the file of V Additional District Judge (Fast Track Court), Nandyal, whereunder and whereby the order of granting maintenance in M.C. No. 1 of 2002 dated 7.5.2004 on the file of the Judicial Magistrate of First Class, Banganapalle was confirmed, modifying the date of payment 'from the date of petition' to that of 'from the date of order'.2. The factual matrix is not in dispute. Respondents 1 to 3 herein filed a petition under Section 125, Criminal Procedure Code for grant of maintenance each at the rate of Rs. 800 per month. The said petition was allowed granting maintenance at the rate of Rs. 500 each of the respondent. However, in respect of second respondent, maintenance was ordered to be paid till her marriage and in respect of third respondent till he attains the age of majority. The said application was treated by the learned Dist...


Jul 30 2007

Union of India (Uoi) Vs. Pulluswamy Karupuswamy

Court: Andhra Pradesh

Decided on: Jul-30-2007

Reported in: 2009ACJ280; 2007(6)ALT72

P.S. Narayana, J.1. CMA MP No. 653 of 2007 was filed to vacate the interim order dated 26-2-2007 made in CMA MP No. 285 of 2007 in CMA No. 151 of 2007. When the application is taken up for hearing, the counsel on record made a request for disposal of the Civil Miscellaneous Appeal itself. In view of the same, the Civil Miscellaneous Appeal is being disposed of finally.2. Sri B.H.R. Chowdary, learned Standing Counsel representing the appellant-Union of India represented by its General Manager, South Central Railway, Secunderabad, had pointed out that the incident was not reported at all and the same had not seen the light for about six months and the said delay had not been explained. The counsel also pointed out to Exs. A-6 and A-7 and would maintain that both these documents are contradictory. The counsel also would maintain that in the light of the evidence available on record, it is doubtful whether respondent-applicant had taken treatment either in private hospital or in government...


Jul 30 2007

Bright Industries Corporation Vs. Employees State Insurance Corporatio ...

Court: Andhra Pradesh

Decided on: Jul-30-2007

Reported in: 2007(6)ALD215; (2008)ILLJ439AP

ORDERGopala Krishna Tamada, J.1. Petitioner, which is carrying on business in manufacturing wire mesh and wire nettings, filed the instant writ petition questioning the proceedings dated 2.11.1998 issued by the first respondent claiming an amount of Rs. 7,446/- and directing the second respondent to recover the same from the petitioner.2. Petitioner states that it employed less than ten employees in its unit. The Inspector of the respondent-Corporation visited the premises of the petitioner and filed prosecution case No. 87 of 1997 before the Special First Class Magistrate/E.I. Court and Chairman, Industrial Tribunal-I, Hyderabad, for non-payment of contribution of Rs. 6,353/- in respect of its employees from September 1994 to March 1995, and ultimately petitioner was acquitted by the E.I., Court, by judgment dated 3.7.1998, observing that petitioner employed less than ten persons in its establishment, and as such the provisions of Employees State Insurance Act, 1948 (for short 'the Ac...


Jul 27 2007

Ashok Sharda Vs. Small Industries Development Bank of India Represente ...

Court: Andhra Pradesh

Decided on: Jul-27-2007

Reported in: 2007(5)ALD866

ORDERG.S. Singhvi, C.J.1. With a view to give impetus to the industrial development of the country, the Central and State Governments encouraged the banks and other financial institutions to formulate liberal policies for grant of loans and other financial facilities to the industrial entrepreneurs. However, those who were granted these facilities did not bother to repay the loans etc. and whenever efforts were made for recovery of the dues, the defaulters dragged the banks etc. in the Courts. The tardy progress made in the adjudication of litigation filed in the Civil Courts resulted in blockage of several hundred crores of public money. In order to redeem the situation, the Parliament enacted the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (for short, 'the 1993 Act') which, among other things, paved way for creation of specialized forums i.e. the Debts Recovery Tribunals and the Debts Recovery Appellate Tribunals for expeditious adjudication of disputes relati...


Jul 27 2007

D. Siva Prasad Vs. Government of Andhra Pradesh, Higher Education (Ec) ...

Court: Andhra Pradesh

Decided on: Jul-27-2007

Reported in: 2007(5)ALD828

ORDERG.S. Singhvi, C.J.1. The petitioner, who is a practising advocate and has absolutely nothing to do with admission against 20% B-category seats in Under Graduate Professional Course in Engineering (including Technology) has filed this petition in the name of public interest litigation for striking down the Andhra Pradesh Unaided Non-Minority Professional Institutions (Regulation of Admissions into Under-graduate Professional Courses through Common Entrance Test) Rules, 2006 (for short, 'the Rules') and for issue of a mandamus to respondent Nos.1 to 3 to ensure that admissions are made by respondent Nos.4 and 5 colleges after issuing notification in leading Telugu, Hindi and Urdu newspapers and national newspapers. He has further prayed for issue of a direction to respondent Nos.4 and 5 to supply application forms to all the candidates and make admissions in a fair manner as per merit.2. In the affidavit filed by him, the petitioner has tried to establish his locus to file litigatio...


Jul 27 2007

Medidi Madhava Krishna Rao and anr. Vs. Government of A.P. and ors.

Court: Andhra Pradesh

Decided on: Jul-27-2007

Reported in: 2007(6)ALD747

ORDERL. Narasimha Reddy, J.1. The subject-matter of these two writ petitions is a show-cause notice, dated 17.1.2007 issued by the Deputy Registrar of Co-operative Societies, Bhimavaram.2. For the sake of convenience, the parties are referred to as arrayed in W.P. No. 4900 of 2007.3. The third respondent is a Primary Agricultural Co-operative Credit Society (for short 'the Society')- It had a managing committee, which was elected in 2005. The 4th respondent is the President and the petitioners in W.P. No. 9074 of 2007 are the members of the committee. The District Collector, East Godavari (first respondent in W.P. No. 9074 of 2007) constituted a special committee of certain officers of Co-operation Department, vide proceedings, dated 26.10.2006, to enquire into the affairs of the Society. The special committee submitted its report on 21.12.2006 to the District Collector. He passed on the same to the Joint Registrar/District Co-operative Officer with his own remarks. The latter, in turn...


Jul 27 2007

Pallamalli Gram Panchayat Vs. Government of A.P. and ors.

Court: Andhra Pradesh

Decided on: Jul-27-2007

Reported in: 2008(5)ALD246

ORDERV.V.S. Rao, J.1. Some of these writ petitions are filed by various Gram Panchayats (GPs) in Prakasam District constituted or deemed to have been constituted under the Andhra Pradesh Panchayat Raj Act, 1994 (the Act, for brevity). Some are filed by the individuals. In all these petitions, writ of mandamus is sought directing respondents, namely, the Government of Andhra Pradesh, Panchayat Raj Department, and the Mandal Parishad Development Officer (MPDO), to implement the orders of former in G.O. Ms. No. 37-Panchayat Raj and Rural Development (Progs.I A) Department dated 18.2.2005. The petitioners also pray for a direction to MPDO to allot various works to Works Committee (WC) of the Gram Panchayat (GP) for being entrusted to Habitation Works Committee (HWC) or Habitation Level Committee (HLC). In some writ petitions, allotment of work to the group leader of DWACRA,1, is also assailed. Therefore, it is expedient to dispose of all these writ petitions by a common order.2. For the sa...


Jul 26 2007

Able Associates and anr. Vs. K.S. Ramakrishna Rao

Court: Andhra Pradesh

Decided on: Jul-26-2007

Reported in: 2007(6)ALD327; 2007(5)ALT317; 2007(4)ARBLR219(AP)

ORDERRamesh Ranganathan, J.1. These two Applications are filed, under Section 11 of the Arbitration and Conciliation Act, 1996, (hereinafter referred to as the Act), read with Clauses 2 and 3 of the Scheme of appointment of Arbitrators, 1996, for appointment of an Arbitrator. Both Sri V. Hariharan, learned Counsel for the Applicant, and Sri G. Ramagopal, learned Counsel for the respondent, would agree that, in order to decide the questions raised in both these Applications, it would suffice if the facts in Arbitration Application No. 15 of 2007 are noted.2. The Applicant is the proprietor of M/s. Able Associates, (earlier a partnership firm), engaged in the business of manufacturing, assembling and trading in water treatment equipment, filtrations etc. Applicant would submit that both he and the respondent, hitherto partners of the said firm having entered into a partnership deed on 18.04.2002, had decided to dissolve the partnership, that the respondent retired from the business of th...


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