Andhra Pradesh Court July 2007 Judgments

M. Narsinga Rao Vs. Special Commissioner, Land Revenue and ors.

Court: Andhra Pradesh

Reported in: 2007(6)ALD91

ORDERGopala Krishna Tamada, J.1. This writ petition is filed to quash the order dated 6.10.1997 issued by the 1st respondent-Special Commissioner (Land Revenue).2. The petitioner, who is a landless poor person, asserts that he was assigned an extent of Ac. 05.00 cents of land in S. No. 300 situated in Kangarakala Village, Ibrahimpatnam Mandal, Ranga Reddy District, in the year 1961. He personally brought the land under cultivation in the year 1976 and since then, he has been attending to agricultural operations in it. While so, on 24.3.1992, the Revenue Divisional Officer submitted proposals stating that the petitioner's father M. Chandraiah was originally assigned an extent of only Ac. 2.38 gts of land, and later, Chandraiah managed to get for his minor son, who is the petitioner herein, an assignment of Ac.05.00 cents, and both of them got assignment certificates for an extent of Ac. 02.38 guntas and Ac. 05.00 cents situated in S. Nos. 300/15 and 300/16 respectively and their names w...

C. Jayamma Vs. District and Sessions Judge and anr.

Court: Andhra Pradesh

Reported in: 2007(6)ALD174

Bilal Nazki, J1. All these writ petitions are disposed of by this common order as common question is involved.WP No. 23554 of 20052. For facts, this writ petition is taken. The petitioner in this writ petition was initially appointed as Junior Assistant in the A.P. Judicial Ministerial Service in the year 1974. He was promoted as Senior Assistant (Deputy Nazir) with effect from 9.1.1985. Thereafter he was promoted as Head Clerk (Category-III) with effect from 23.3.1995 in the pay scale of Rs. 2,315-4,880/- and his pay was fixed at Rs. 3,640/-. Thereafter he was promoted as Sheristedar (Superintendent, Category-II) with effect from 30.6.2000 in the pay scale of Rs. 5,000-10,600/-. He further submitted that one Mr. P. Kumaraswamy came to be appointed as Steno-Typist with effect from 17.7.1974 in the A.P. Judicial Ministerial Service. According to the petitioner, Junior Assistant, Typist and Steno Typist belong to one common cadre i.e., Category-V of the service. The seniority list in thi...

Gurjala Bharathi and anr. Vs. Vindhya Corporation and ors.

Court: Andhra Pradesh

Reported in: AIR2007AP325; 2007(5)ALD595; 2007(5)ALT600

B. Prakash Rao , J.1. This case is coming up before us on a reference made by learned Single Judge (Justice Bilal Nazki) for consideration of the question as to whether the law laid down by this Court in Food Corporation of India v. Sri Ramachandra B&R; Rice Mill : AIR1985AP23 and also Vijayalakshmi Jayaram v. M.R. Parasuram : AIR1995AP351 , that under Order XXII Rule 10A of CPC there is a duty cast on the advocate appearing for a deceased defendant to give the list of legal representatives of the deceased is correct.2. Heard Sri S.V. Muni Reddy, the learned Counsel appearing on behalf of the petitioners and Sri K.S. Gopalakrishnan, on behalf of the respondents.3. The brief facts which give rise to the aforesaid question and as mentioned in the reference are to the following effect:4. There has been a delay of 345 days in representing an application for bringing on record the legal representatives of the 6th defendant in a suit. The said application has been dismissed and therefore thi...

National Projects Construction Corporation Limited Vs. Chief Administr ...

Court: Andhra Pradesh

Reported in: 2008(1)ARBLR94(AP)

S. Ananda Reddy, J.1. By this application under Section 11(4) and (6) of the Arbitration and Conciliation Act, 1996 (for short 'the Act'), the applicant seeks appointment of an arbitrator for adjudication of the disputes between the applicant and the respondents.2. It is stated that the applicant is a company, registered under the provisions of the Companies Act, 1956, owned by the Government of India. The respondent is the railway administration. The applicant company was awarded the work of rebuilding of Bridge No. 1123 across river Krishna between Yadlapur and Krishna Stations at Raichur-Wadi section in Guntakal Division. The contract was commenced as per the issuance of a letter of acceptance by the respondents dated 28.06.2004, followed by an agreement entered into between the parties on 07.09.2004. The total value of the work is to the tune of Rs. 15,13,37,863 and the work is to be completed within a period of 24 months from the date of issuance of the letter of acceptance by the...

Dannu Hybrid Cotton Seed Vs. Rayarakula Chandramouli and Another

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Mrs. M. Shreesha, President (I/c): 1. Aggrieved by the order in C.D. No. 9/2005 on the file of District Forum, Warangal opposite party No. 2 preferred this appeal i.e., F.A. 894/2007. These are a batch of appeals F.A. Nos. 895/2007 to 820/2007 arising from C.D. No. 10/2005, 11/2005, 13/2005 to 16/2005, 84/2005, 86/2005, 87/2005, 92/2005, 93/2005, 95/2005, 96/2005 and CD 11/2006 to 22/2006 on the file of District Forum, Warangal and since all these appeals deal with common facts they are being disposed of by a common order. 2. The brief facts as set out in the case are that the complainant is a resident of Akkampet village of Warangal District and he owns an extent of one acre of agricultural land for which he purchased one packet of Dannu Hybrid Cotton seed at Rs. 490 on 7.6.2004 from opposite party No. 1. He submits that he was assured by the opposite parties that the yield would be 15-18 quintals per acre. Complainant stated that during the month of June, 2004 he sowed the said seed ...

Poduri Satyavathi Vs. District Registrar and anr.

Court: Andhra Pradesh

Reported in: AIR2008AP69; 2007(5)ALD556; 2007(5)ALT166

ORDERL. Narasimha Reddy, J.1. This Writ Petition is filed challenging the notices issued by the second respondent proposing to levy a stamp duty on a document presented by the petitioner, by treating it as deed of settlement.2. One Sri Poduri Viswanatham had three sons, by name, Venkata Satya Somayajulu, Subramanyam and Venkat Rao, and two daughters, by name, Ayyanki Gouri Devi and Vadlamannati Bhadrakali @ Bharathi. After his death, his property was being enjoyed by them in joint. His three sons, and daughter, by name, Gouri Devi, died by 2006. The petitioner is the widow of the eldest son, who is late Venkata Satya Somayajulu.3. The legal heirs of three deceased sons and deceased daughter, and the sole surviving daughter, by name, Bhadrakali, partitioned the property left by late Viswanatham, comprising of an open site admeasuring 351 square yards, and a cash of rupees one lakh, through a partition deed, dated 16-10-2006. The plot was divided into three equal parts of 127 square yard...

Prathibha and anr. Vs. Vedvathi and anr.

Court: Andhra Pradesh

Reported in: 2007(5)ALD565; 2007(5)ALT615

ORDERB. Seshasayana Reddy, J.1. This civil revision petition is directed against an order dated 8.8.2006 passed in I.A. No. 1863 of 2006 in O.S. No. 182 of 2006 on the file of Chief Judge, City Civil Court, Hyderabad, whereby and whereunder the learned Chief Judge directed the plaintiffs to pay Court fee under Section 34(1) of the Andhra Pradesh Court Fee and Suits Valuation Act, 1956 (for short Act).2. The petitioners are the plaintiffs and whereas R1 and R2 are Dl and D2 respectively in O.S. No. 182 of 2006. The plaintiffs filed the suit seeking the following reliefs:(i) That a preliminary decree may be passed to the effect that the plaintiffs are entitled for half share in the suit schedule properties along with defendant Nos. 1 and 2;(ii) Directing the division of the item No. 1 of plaint schedule property into four equal shares and allotment of one such share to the plaintiff No. 1 and another to the plaintiff No. 2 and put them in separate possession;(iii) Directing the defendant...

Godishala Kondaiah Vs. Penchala Agaiah

Court: Andhra Pradesh

Reported in: 2007(5)ALD602

P.S. Narayana, J.1. This civil miscellaneous appeal is filed as against an order of remand made in A.S. No. 152/2006 on the file of IV Additional Senior Civil Judge, Warangal.2. Sri Ghanshyamdas Mandhani, Counsel representing the appellant would maintain that no doubt a final decree to be passed in accordance with the preliminary decree, but however even on a cursory glance of the allotments made, there is total non-application of mind and the same had been allotted in a disorderly fashion. The learned Counsel also pointed out that no doubt the appellate Court observed that the Court of first instance did not make a speaking order, but however, instead of making an open order of remand, observed as though for allotment already made, reasons to be recorded. The Counsel also would maintain that these observations made by the appellate Court would be taken by the Court of first instance that the allotments already made in a way to be confirmed, but by recording reasons. By such an order o...

Jangaiah Vs. State of A.P.

Court: Andhra Pradesh

Reported in: 2007CriLJ4598

C.Y. Somayajulu, J.1. Appellant (A2) and another (A1) and the daughter of the appellant (A3) were charge-sheeted for an offence under Section 306, IPC for abetting Kumari Alivelu (the deceased) daughter of P.W, 5 and sister of P.W, 6 to commit suicide, Since the daughter of the appellant is a juvenile the case against her was separated.2. The case of the prosecution is, inasmuch as A, I promised to marry her, the deceased developed Illicit intimacy with him but he later refused to marry her, Imputing unchasitity to the deceased the appellant used to abuse her in filthy language in public. For that reason and as Al refused to marry her, the deceased committed suicide and so a charge under Section 306, IPC was framed against the appellant and A-1. They denied the offence.3. In support of its case, the prosecution examined nine witnesses as P.Ws. 1 to 9 and marked Exs. P1 to P12 and M.Os. 1 to 3.4. The trial Court acquitted the appellant and A1 of the offence under Section 306, IPC, but i...

Bashetty Saroja Vs. the Appellate Authority Under the Forest Act and I ...

Court: Andhra Pradesh

Reported in: 2007(5)ALD725

ORDERL. Narasimha Reddy, J.1. The petitioner is the owner of a lorry, bearing registration No. AP 25 T 2661. On the intervening night of 8/9-5-2003, patrolling party of the Forest Range, Echoda, Adilabad District, laid a watch, on coming to know that two empty lorries have gone into Devalnaik Tanda Village. The jeep of the patrolling party was kept across the road on National Highway No. 7. However, the driver of a lorry is said to have by passed it and proceeded in a high speed. It was chased by the officials of the department and was ultimately found, near a Dhaba Hotel at Neradigonda Village. On inspection, it was found that teak logs of about 50 cubic meters, worth about Rs. 1,10,000/-, were hidden under the manure.2. Proceedings were initiated under Section 44 of the Andhra Pradesh Forest Act, 1967 (for short 'the Act'). Through his order, dated 28.11.2003, the Sub-Divisional Forest Officer, Echoda, the 2nd respondent herein, confiscated the timber as well as the lorry. Aggrieved ...