Andhra Pradesh Court July 2007 Judgments
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Mankena Suryanarayana Vs. Mankena Subba Rao and anr.
Court: Andhra Pradesh
Decided on: Jul-25-2007
Reported in: 2007(6)ALD726
P.S. Narayana, J.1. This Court on 17-7-1998, made the following order:Admit the appeal in view of the substantial questions of law raised in Ground No. 14.In CMP No. 11942/98, this Court made an order of status quo obtaining as on the said day with regard to possession until further orders.2. The substantial questions of law specified in Ground No. 14 are as hereunder:(i) Whether the lower Appellate Court is right in deciding Issue No. 1, which involved execution of the sale agreement Ex.A.l, against the plaintiff on the ground that the plaintiff failed to examine the attestors as witnesses, in spite of holding that Ex.A.l is proved?(ii) Whether it is open to the defendants/ vendors under the agreement of sale Ex.A.1, to raise the plea of want of title in them to the property covered by the agreement, to defeat the plaintiff/ vendor's suit for specific performance?(iii) Whether a decree for specific performance of contract to sell can be refused to a vendee willing to take such title a...
United India Insurance Co. Ltd. Vs. N. Rukkamma and ors.
Court: Andhra Pradesh
Decided on: Jul-25-2007
Reported in: 2009ACJ1211; 2008(1)ALD215; 2008(1)ALT42
D.S.R. Varma, J.1. Despite service of notice, none appears for respondents 2 and 3-Andhra Pradesh State Road Transport Corporation (for brevity 'the Corporation') in C.M.A. Nos. 237, 260, 276, 529 and 573 of 2003, who are respondents 4 and 5 in CM.A. No. 408 of 2003; and respondent No. 5-owner of car bearing Registration No. AP 25B-2277 in C.M.A. Nos. 237, 260, 276, 529 and 573 of 2003, who is respondent No. 7 in CM.A. No. 408 of 2003; and there is no representation on their behalf.2. Heard Smt. A. Malathi, learned Standing Counsel for the appellant-The United India Insurance Company Limited and Sri P. Radhive Reddy, learned Counsel appearing for respondent No. 1 -claimants in C.M.A. Nos. 237, 260, 276, 529 and 573 of 2003 and respondent Nos. 1 to 3-claimants in CM.A. No. 408 of 2003 only, since respondent No. 4-transferor of the offending car in C.M.A. Nos. 237, 260, 276, 529 and 573 of 2003, who is respondent No. 6 in CM.A. No. 408 of 2003 was shown as 'not necessary' vide cause titl...
G. Manohar S/O. Ankaiah Vs. State, Inspector of Police, Anti-corruptio ...
Court: Andhra Pradesh
Decided on: Jul-24-2007
Reported in: 2007CriLJ4755
ORDERG. Yethirajulu, J.1. This Application is filed by the Appellant in Crl.A. No. 414 of 2007 requesting the Court for suspension of the conviction passed by the Court of Special Judge for SPE and ACB Cases, Nellore in C.C. No. 28 of 2002, dated 30-03-2007.2. The petitioner worked as a Mandal Engineering Officer in the office of the MPDO, Kodur, Kadapa District. A Civil Contractor, by name L. Rajamohan Reddy, who was examined as PW-1, was undertaking some works under the supervision of the petitioner. PW-1 completed the work and part payment was made towards the amount due to him and he requested the petitioner to record the works in 'M' book and prepare the bills for final payment. The petitioner demanded Rs. 10,000/- towards the illegal gratification for recording the works in 'M' book. On 30-10-2001, PW-1 again approached the petitioner, but he again reiterated his demand. When PW-1 expressed his inability to pay the amount, the petitioner reduced the amount to Rs. 5,000/-. On a fu...
Telangana Spinning and Weaving Mills Ltd. Vs. District Registrar and C ...
Court: Andhra Pradesh
Decided on: Jul-24-2007
Reported in: 2007(5)ALD618; 2007(6)ALT240
ORDERL. Narasimha Reddy, J.1. The petitioner is the owner of Acs. 25-416 guntas in Survey Nos. 147, 148 and 149 of Quthbullapur Village and Mandal, Ranga Reddy District. It entered into a development agreement, with M/s. Dijaya Malind JV (Mauritius) Ltd., and a document dated 9.4.2007 was executed, in the form of a Development Agreement-cum-GPA. It was presented to the 2nd respondent, for registration. Claiming the benefit under G.O. Ms. No. 1475, Revenue (Registration!) Department, dated 30.7.2005, the petitioner paid a sum of Rs. 50,000/- as stamp duty. The 2nd respondent entertained a doubt, as to the adequacy of stamp duty, and referred the matter to the 1st respondent. The latter, in turn, issued a notice to the petitioner, directing it to show-cause as to why a sum of Rs. 63,53,750/- shall not be recovered towards deficit stamp duty. The petitioner submitted its explanation, mainly relying upon G.O. Ms. No. 1475, dated 30.7.2005. Through proceedings dated 18.6.2007, the 1st respo...
Chiriki Ranga Rao and ors. Vs. Kavelamudi Rekha
Court: Andhra Pradesh
Decided on: Jul-24-2007
Reported in: 2008(6)ALT657
P.S. Narayana, J.1. Facts in nut-shell: The unsuccessful defendants being aggrieved of the Decree and Judgment made in O.S. No. 384/83 dated 27-7-1992, on the file of Subordinate Judge, Vijayawada, had preferred this Appeal. The respondent/plaintiff in the said suit instituted the suit O.S. No. 384/83 aforesaid praying for the relief of recovery of possession of the plaint schedule property after removal of the thatched house, for mesne profits and other ancillary reliefs. The 1st defendant died during the pendency of the suit and defendants 3 to 5 were added as the legal representatives of the deceased 1st defendant as per orders in I.A. No. 34/87 dated 23-3-1989. The learned Subordinate Judge, Vijayawada, in the light of the respective pleadings of the parties, having settled the Issues and additional Issues, recorded the evidence of P.W. to P.W.6, D.W.1 to D.W.4, marked Exs.A-1 to A-44, Exs.B-1 to B-20 and after recording findings in detail, arrived at a conclusion that the responde...
Aditya Mecon Engineers (P) Ltd. Vs. Visakhapatnam Port Trust and anr.
Court: Andhra Pradesh
Decided on: Jul-23-2007
Reported in: 2007(5)ALD505; 2008(1)ALT71
ORDERG. Rohini, J. 1. The 1st respondent-Visakhapatnam Port Trust issued Tender Notice No. 58/2006-2007 dated 23-1-2007 inviting sealed tenders from the contractors for the work of Annual Maintenance of 11 Nos. 10 Ton Capacity Electrical Level Luffing Cranes used for Cargo handling by the Port. The estimated cost of the work was Rs. 1,54,44,000/-.2. Similar Tender Notice No. 57/2006-2007 dated 23-1-2007 was also issued by the 1st respondent inviting sealed tenders for the work of Annual Maintenance of 10 Nos. 15 Ton Capacity Cranes at the estimated cost of Rs. 1,48,80,000/-.3. The petitioner company which claims to have been engaged in various activities in relation to contracts of maintaining the electrical engineering heavy equipment and also claims to have successfully completed similar nature of work with the 1st respondent, had submitted its tender in response to both the Tender Notices. However, by separate letters dated 19-6-2007 the petitioner was informed by the 1st respondent...
P. Lakshmipathi Chetty Vs. P. Janardhana Chetty and ors.
Court: Andhra Pradesh
Decided on: Jul-20-2007
Reported in: 2007(5)ALD723
ORDERA. Gopal Reddy, J.1. The CMP No. 170 of 2007 is filed to condone the delay of 23 days in presenting the revision against the judgment of the learned VIII Additional District Judge (FTC), Chittoor dated 21 7-2006 passed in AS No. 32 of 1998, whereunder the appeal filed by the petitioner against the dismissal of the orders dated 2-12-1997 passed by the learned Additional Sub-Judge, Chittoor in I.P. No. 4 of 1997, was confirmed.2. Brief facts of the case are that the petitioner, who filed I.P. No. 4 of 1997, admitted that he came to know that O.S. No. 109 of 1995, on the file of the learned Additional Senior Civil Judge, Chittoor was decreed, but he did not know whether his business premises was attached in the said suit; the fact of his father filing OS No. 109 of 1995 claiming title to the attached properties; and also he did not know whether he was a party to the said claim petition filed by his father or not.3. The evidence of PW-2 is to the effect that the petitioner was residin...
Darshanam Swamy @ Somaiah Vs. Rithu Malhotra @ Rithu Kapur
Court: Andhra Pradesh
Decided on: Jul-20-2007
Reported in: 2007(5)ALD701; 2008(1)ALT404
D. Appa Rao, J. 1. These two appeals, A.S. No. 4116 of 2004 and A.S. No. 4119 of 2004, arise out of a common decree and judgment in O.S. 413 of 2002 and O.S. No. 24 of 2003 (old O.S. 869 of 1998), respectively, on the file of learned II Additional District Judge, Ranga Reddy District.2. O.S. No. 143 of 2002 was filed by the appellants for declaration that they have perfected their title by adverse possession over Ac.7-03 gts situated in Sy. No. 289 in Puppalaguda Village and for a permanent injunction restraining the respondent from interfering with the said property. Equally, respondent-Rithu Malhotra filed O.S. No. 24 of 2003 for a permanent injunction restraining the appellants from interfering with the above said property.3. The case of the appellants, in brief is, that they and their ancestors have been in possession of the suit property right from 1936. Originally it belonged to one Fakaryar Jung. Their father Gandaiah took the land on lease from Fakaryar Jung. During partition, ...
indukuri Jagannadharaju and anr. Vs. Astabhuja Bakshmi Narayana Swamy ...
Court: Andhra Pradesh
Decided on: Jul-20-2007
Reported in: 2007(5)ALD742
P.S. Narayana, J.1. Heard the Counsel on record.2. Appellant No. 2 - Indukuri Suryanarayana Raju - the legal representative of appellant No. 1, the 6th defendant in OS No. 5 of 1988 on the file of Senior Civil Judge, Narasapur, preferred the present appeal aggrieved by the decree and judgment made in OS No. 5 of 1988 aforesaid as against 6th defendant.3. It is stated that the other defendants had not preferred any appeal and it is needless to say that the decree made against them had attained finality.4. Be that as it may, Sri Subrahmanyam Kurella, learned Counsel representing the present appellant, the legal representative of Indukuri Jagannadha Raju, the 6th defendant in the suit, had drawn the attention of this Court to the decree made and would maintain that during the pendency of the suit itself, the 6th defendant died and abatement also had been recorded and the same was recorded even in the decree, but in spite of that instead of dismissing the suit as against 6th defendant as h...
Mohd. IkramuddIn Vs. Sangram Bosle and ors.
Court: Andhra Pradesh
Decided on: Jul-20-2007
Reported in: 2007(5)ALD607
ORDERGopala Krishna Tamada, J.1. This Civil Revision Petition is directed against the order, dated 21.2.2007 passed in O.S. No. 67 of 2006 on the file of the Junior Civil Judge, Metpalli, by which the plaintiffs counsel was directed to pay the deficit Court Fees for declaration of registration of sale deed No.491/2003 dated 22.4.2003 as null and void and not binding on the plaintiff as contemplated under Section 37 of Andhra Pradesh Court-Fees and Suits Valuation Act, 1956 (for brevity 'Court Fees Act').2. The facts of the case in brief are that the petitioner-plaintiff filed O.S. No. 67 of 2006 for declaration of title and recovery of possession of the plaint schedule property. As a transaction took place between the defendants wherein the 2nd defendant sold away the land in question to the 1st defendant, the petitioner consequently sought for a declaration that the registered sale deed document No. 491/2003, dated 22.4.2003 is null and void. As it is a suit for declaration of title a...
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