Andhra Pradesh Court July 2007 Judgments
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N. Raja Reddy and ors. Vs. Sub-registrar, Srikalahasthi and ors.
Court: Andhra Pradesh
Decided on: Jul-26-2007
Reported in: 2007(5)ALD845
L. Narasimha Reddy, J.1. The question that arises for consideration in these two writ petitions is: whether the prohibition contained under Section 5 of the A.P. Assigned Lands (Prohibition of Transfer) Act, 1977 (for short 'the Act'), applies to the lands, which were brought to sale by a Co-operative Society, mentioned in Section 6 of the Act, for the redemption of mortgage, made in its favour.2. Some of the villagers of Pagali, of Earpedu Mandal, and Udamalapadu, of Srikalahasthi Mandal, were assigned Government lands in various survey numbers. Few of them have raised loans from Primary Agricultural Co-operative Societies of the area, affiliated to District Co-operative Central Bank Limited, Chittoor. As a security for repayment, they mortgaged the lands, assigned to them. Since the loans remained unpaid, Recovery Certificates were obtained from the competent authority under Section 71 of the A.P. Co-operative Societies Act (for short 'the APCS Act') by the creditor society. Thereaft...
Shriram Chits Ltd. Vs. Chippa Satyanarayana and ors.
Court: Andhra Pradesh
Decided on: Jul-26-2007
Reported in: 2007(6)ALT209
ORDERGopala Krishna Tamada, J.1. The petitioner, which is a Private Limited Company, filed this Civil Revision Petition questioning the order dated 15-09-2006 made in I.A. No. 727 of 2006 in O.S. No. 107 of 2005 on the file of Junior Civil Judge, Godavarikhani refusing to receive the document of authorization letter issued by the Plaintiff Company to allow the Assistant Manager (Legal) of the said Company to depose as P.W.1 on behalf of its company.2. The brief facts of the case are as follows:The plaintiff Company instituted a suit in O.S. No. 107 of 2005 on the file of Junior Civil Judge, Godavarikhani, for recovery of money against the respondents. As the plaintiff Company is a Private Limited Company, originally, the plaint was presented by the General Power of Attorney Holder of Godavarikhani Branch of the plaintiff-Company. Thereafter, when the suit has come up for trial, the plaintiff Company filed an application to receive its authorization letter enabling its Assistant Manager...
National Insurance Co. Ltd. Vs. Pemmadi Lakshmi and ors.
Court: Andhra Pradesh
Decided on: Jul-26-2007
Reported in: 2008(1)ALD192
G.V. Seethapathy, J.1. This appeal is directed against the order dated 5.9.2003 in M.V.O.P. No. 309 of 2000, on the file of the Motor Accidents Claim Tribunal (Ill-Additional District Judge) (for short 'the Tribunal'), Kakinada, wherein the claim of respondents 1 and 2 herein was allowed-in-part awarding compensation of Rs. 1,21,600/- with interest at 9% per annum from the date of petition.2. Respondents 1 and 2 herein filed claim application before the Tribunal claiming a total compensation of Rs. 2,50,000/- on account of the death of the deceased Satyam, who died in a motor vehicle accident that occurred on 5.5.2000. The first claimant is the wife and the second claimant is the daughter of the deceased. According to them, on that day when the deceased was proceeding to Uppalanka Village from Peda Chollangi on a bicycle, a Hero Honda motorcycle bearing No. AP 5 N 1279, driven in a rash and negligent manner by its rider, dashed against the bicycle of the deceased, resulting in multiple...
Khaja MoinuddIn Miran Sab Vs. State of A.P. and anr.
Court: Andhra Pradesh
Decided on: Jul-26-2007
Reported in: 2008CriLJ552
C.Y. Somayajulu, J.1. The appellant, who was convicted under Sections 39 and 44 of Indian Electricity Act, 1910 (for short 'the Act') and sentenced to rigorous imprisonment for two years and a fine of Rs. 5,000/- in default simple imprisonment for three months, preferred this appeal.2. The case of the prosecution is that on 19-10-1997 Assistant Engineer, A.P.S.E.B., Medak (P.W. 1), Lineman, APSEB, Narsapur (P.W. 2), Assistant Divisional Engineer, DEP-1, Eluru (P.W. 6) and the Assistant Divisional Engineer, DEP-1, Vijayawada (P.W. 7) surprised the premises of P.W. 3, who Is the owner of the Flour Mill, also during their inspection of several industrial establishments for detecting pilferage of energy, and found that the meter in the premises of P.W. 3 was not working in 'Y' phase, and they opened the meter terminal cover seal and observed that 'Y' Phase wire was by-passed with 1/18 gaze winding wire and that 'Y' Phase fuse wire was not provided in cut-out, and so the meter was not rotat...
Kurapati Maria Das Vs. Dr. Ambedker Seva Samajam and ors. Overruled
Court: Andhra Pradesh
Decided on: Jul-25-2007
Reported in: AIR2007AP330; 2007(6)ALD334; 2007(5)ALT347
C.V. Nagarjuna Reddy, J.1. Respondent No. 9 in Writ Petition No. 17853 of 2006 against whom a writ of Quo Warranto was issued by the learned Single Judge, vide his order dated 21.12.2006, has filed this appeal under Clause 15 of the Letters Patent.2. For deciding the appeal, we may briefly notice the facts:The Government of Andhra Pradesh (respondent No. 11 herein) issued notification dated 18.08.2005 whereby the office of the Chairperson of Bapatla Municipal Council (for short, 'the Council') was reserved for Scheduled Caste. Thereafter, District Collector, Guntur (respondent No. 14 herein) issued notification dated 22.08.2005 reserving Ward No. 8 for the Scheduled Caste. On 29.08.2005, the State Election Commission (respondent No. 12 herein) issued notification for holding election to the Council. As per the schedule notified by respondent No. 12, 24.9.2005was fixed for election to the Wards and 30.9.2005 was fixed for election to the office of Chairperson.3. Respondent No. 9, who be...
Mohammed Shafeeq Ahmed and ors. Vs. Sahebzada Mir Tilamat Ali Khan and ...
Court: Andhra Pradesh
Decided on: Jul-25-2007
Reported in: 2007(5)ALD546; 2007(5)ALT403
ORDERS. Ananda Reddy, J.1. This review petition is filed by the appellants/defendants alleging that this Court, while disposing of the Second Appeal, has committed an error especially in considering and construing agreement of re-conveyance, Ex. A-3 basing on which the Respondents/ Plaintiffs filed the suit for redemption of the mortgage in respect of the suit schedule property, which is a house property, bearing Door No. 20-3-252/1, situated at Androon Kaman Hussaini Alam, Opposite Ashoore Khana, Hyderabad.2. It was the case of the Respondents/Plaintiffs that they are the legal heirs of the original plaintiff Shahzad Rehumunnisa Begum, who filed the suit for redemption of the mortgage, alleging that she was ready with the money to redeem the mortgage, but however, the original defendant evaded to receive the money and finally refused on 25.5.1982. Therefore, the plaintiff filed the suit. Both the trial Court and the Appellate Court recorded findings in favour of the plaintiff to the e...
P. Manohar Reddy Vs. Appellate Authority Under Section 53 of the A.P. ...
Court: Andhra Pradesh
Decided on: Jul-25-2007
Reported in: 2007(6)ALD686; 2007(6)ALT76; (2008)ILLJ1117AP
ORDERRamesh Ranganathan, J.1. Aggrieved by the orders of the Assistant Commissioner of Labour, the appellate authority under the A.P. Shops and Establishments Act, these four writ petitions are filed by an employee of the second respondent-company. To decide the questions raised therein it would suffice if the facts in W.P. No. 22172 of 1997 are noted.2. The petitioner was appointed as a veterinary service representative in the respondent-company with effect from 10-12-1989. He met with an accident on 13-04-1992. After undergoing extensive treatment he reported for duty along with a medical fitness certificate. His joining report was accepted, he was permitted to join duty, the period from the date of his accident till he joined duty was treated as leave, he was paid medical expenses and other benefits and he commenced work from 11-01-1993. While matters stood thus the second respondent, vide letter dated 05-06-1993, asked him to 'stop work' from 08-06-1993. Petitioner would submit tha...
B. Srinivasa Rao Vs. Andhra Bank Rep. by Chairman and Managing Directo ...
Court: Andhra Pradesh
Decided on: Jul-25-2007
Reported in: 2007(6)ALD755; 2007(6)ALT39
ORDERC.V. Nagarjuna Reddy, J.1. This writ petition is filed for a writ of certiorari to quash the proceedings contained in letter No. 666/ED/Sctt/42 dated 2.12.1994 of the Executive Director, Andhra Bank (for short The Bank') and the letter dated 15.4.1995 of the Chairman and Managing Director of the Bank and for a consequential direction to the respondents to treat the petitioner to be continued in services of the Bank as its General Manager with all consequential benefits.2. The facts that are necessary for the disposal of the writ petition are narrated hereunder:The petitioner joined respondent No. 1 -Bank as Assistant General Manager before it was nationalized. Respondent No. 1 -Bank was nationalized in the year 1980 and at the relevant point of time the petitioner was working as the General Manager of the Bank. With a view to extend the Bank's activities to housing and merchant banking and financial services, like other nationalized banks such as Canara Bank, State Bank of India, ...
Dr. Prashant K. Ravi and anr. Vs. S. Narasaiah (Died) Per Lrs.
Court: Andhra Pradesh
Decided on: Jul-25-2007
Reported in: 2007(6)ALD105; 2007(6)ALT759
P.S. Narayana, J.1. This is an appeal filed by unsuccessful plaintiffs in O.S. No. 84/86 on the file of IV Additional Judge, City Civil Court, Hyderabad.2. The respondent-defendant died during the pendency of the appeal and R.2 to R.6 were brought on record as the legal representatives of the deceased sole respondent by Order dated 18.6.1999 in CMP No. 3315/98.3. Sri Dhanamjay, the learned Counsel representing appellants had taken this Court through the respective pleadings of the parties, the evidence available on record and made elaborate submissions that in the facts and circumstances of the case instead of decreeing the suit granting the relief of specific performance decreeing the suit for refund of Rs. 1,00,000/- with interest at 12% per annum from the date of suit till the date of realization cannot be sustained. The learned Counsel also pointed out that: this relief was granted though specifically not prayed for exercising power under Order VII Rule 7 of the Code of Civil Proce...
Ankena Narayana Vs. State
Court: Andhra Pradesh
Decided on: Jul-25-2007
Reported in: 2007CriLJ4395
ORDERBilal Nazki, J.1. The petitioner was tried for an offence under Section 25 of the Arms Act, 1959 (for short 'the Act') for having possession of a country made gun without any license. He pleaded not guilty and claimed to be tried. After trial, the trial Court convicted him for that offence and sentenced him to suffer rigorous imprisonment for six months and also to pay a fine of Rs. 1,000/-, in default of payment of fine, to undergo simple imprisonment for 9 months. In appeal, the appellate Court confirmed the conviction and sentence.2. In this revision, the only ground agitated before this Court by the learned Counsel for petitioner is that it is an admitted fact that the gun which was recovered from the petitioner, was not in working condition, therefore, even if it is believed that the accused was carrying the gun, he could not be convicted under the provisions of the Act. According to the judgment of the appellate Court, Ex. P-4 was the opinion of the expert, who had given an ...
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