Andhra Pradesh Court August 2007 Judgments
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P. Chandrahas Vs. Presiding Officer, Labour Court-ii and anr.
Court: Andhra Pradesh
Decided on: Aug-29-2007
Reported in: 2008(1)ALD632; 2008(3)ALT744
ORDERC.V. Nagarjuna Reddy, J.1. This writ petition is filed against the award dated 19.9.1997 passed by the Labour Court-II, Hyderabad in I.D. No. 125 of 1996 whereby it declined to interfere with the order of removal passed by respondent No. 2, as confirmed by the Appellate Authority.2. The brief facts of the case are summarized as under:The petitioner was appointed as a Cleaner at Zahirabad Depot on 7.11.1989. On 1.7.1995, after completing his duty, he boarded the bus bearing No. AP-9 Z-5301, bound for Sangareddy, which was evidently his place of residence. The checking officials intercepted the bus and conducted a check. During the check, the petitioner was asked to show the ticket. When he replied that he is an employee of the Corporation he was asked to show the identity card. It appears there was some delay in the petitioner showing the identity card and this led to friction between him and the checking staff. The petitioner was taken to Sadasivpet Police Station and a crime was ...
Krishna 70mm Cinema theatre and anr. Vs. Government of Andhra Pradesh ...
Court: Andhra Pradesh
Decided on: Aug-28-2007
Reported in: 2007(6)ALD206
ORDERV. Eswaraiah, J.1. Petitioners-cinema theatres, seek a writ of mandamus to declare the impugned notice dated 22.3.2005 issued by the Commissioner, Serilingampally Municipality - third respondent as illegal, void and against the provisions of the Andhra Pradesh Cinemas (Regulation) Act, 1955 (for short 'the Act').2. The Commissioner, Serilingampally issued the impugned notice dated 22.3.2005 stating that the Serilingampally Municipality issued No Objection Certificate for construction of permanent theatres but not accorded permission for construction of permanent cinema building as required under Sections 209, 210, 211 and 216 of the Andhra Pradesh Municipalities Act, 1965 (for short 'the Municipalities Act') duly collecting betterment charges, building permission scrutiny fee and security fee, therefore, the petitioners were directed to stop the construction of the cinema theatres and obtain technical approval for construction of the cinema theatres from HUDA under Sections 13 and...
Lakshmi Narayana Acqua Farms and anr. Vs. Special Tahsildar, Krishnapa ...
Court: Andhra Pradesh
Decided on: Aug-28-2007
Reported in: 2008(1)ALD173
ORDERP.S. Narayana, J.1. The matter is coming up for admission. Heard Sri M. Ravindranath Reddy, learned Counsel for the revision petitioners and the learned Government Pleader for Arbitration and Land Ceiling.Respondents 3 and 6 in LAOP No. 95 of 1995 on the file of I Additional Senior Civil Judge, Nellore, being aggrieved of the order dated 10.7.2007 made in the aforesaid proceeding, had preferred this civil revision petition under Article 227 of the Constitution of India.2. The Office raised an objection relating to the maintainability and in view of the order made by this Court on 24.8.2007, the civil revision petition was numbered subject to the maintainability.3. Sri M. Ravindranath Reddy, learned Counsel representing the revision petitioners had pointed out to the nature of the decree made in the proceeding aforesaid and would maintain that this may not answer the definition of the decree within the meaning of Section 2(2) of the Code of Civil Procedure and hence it cannot be sa...
South Central Railway Vs. J. Shekar and ors.
Court: Andhra Pradesh
Decided on: Aug-28-2007
Reported in: 2008(2)ALD38; 2008(2)ALT579
G.V. Seethapathy, J.1. This appeal is directed against the order dated 1.2.2000 in O.P. No. 955 of 1996, on the file of the Motor Accidents Claim Tribunal (III Additional Chief Judge, City Civil Court) (for short 'Tribunal'), Hyderabad, wherein the claim of the respondents 1 to 3 herein was allowed-in-part awarding compensation of Rs. 96,588/- with interest at 12% per annum from the date of petition.2. Respondents 1 to 3 herein filed claim application before the Tribunal claiming total compensation of Rs. 1,50,000/- for the death of the deceased Rannilu, who died in a motor vehicle accident that occurred on 4.6.1996. According to them, on that day the deceased parked his rickshaw on the footpath of the road near Sri Vijaya Electronics, Nallakunta, Hyderabad and that a jeep bearing No. AIY 5037, belonging to the appellant-Railways, driven in a rash and negligent manner at high speed by its driver, dashed against the rickshaw, resulting in injuries including fracture of both legs for whi...
P. Suryanarayana Raju and 5 ors. Vs. State of A.P. Rep. by Its Public ...
Court: Andhra Pradesh
Decided on: Aug-27-2007
Reported in: 2008CriLJ1769
G. Yethirajulu, J.1. Crl.R.C.No.1196 of 2000 was preferred by A-1 to A-4, A-6 and A-7 and Crl.R.C.No.247 of 2001 was preferred by the complainant in C.C.No.370 of 1997 on the file of the learned V Metropolitan Magistrate, Visakhapatnam. 2. Since both the Revision Cases arose out of the Judgment in the same Calendar Case, both the Revisions are clubbed and the common Judgment is delivered.3. A private complaint has been filed by the complainant for the offence under Section 500 of IPC against 8 persons alleging that they committed offence on 02-11-1994. The Court took cognizance of the offence and during the pendency of the matter, A-5 was acquitted under Section 257 of Cr.P.C. on 09-02-1996. A-8 is an Association in which the other accused were members, therefore, the trial Court, after considering the oral and documentary evidence, convicted A-1 to A-4, A-6 and A-7 for the offence under Section 500 of IPC and sentenced to undergo simple imprisonment for six months and to pay a fine of...
K. Kumar Vs. S. Abdulla
Court: Andhra Pradesh
Decided on: Aug-27-2007
Reported in: 2007(6)ALD111
G. Yethirajulu, J.1. This Civil Miscellaneous Appeal has been preferred by the claimant in M.V.O.P. No. 44 of 2000 on the file of the Chairman, Motor Accident Claims Tribunal-cum-III Additional District Judge, Kurnool. He filed the O.P. claiming compensation of Rs. 8,00,000/- on account of disability suffered by him due to an accident occurred with a tractor and trailer on 16.10.1999. The Tribunal awarded Rs. 2,51,000/- towards compensation under various heads. 2. Being aggrieved by the order of the Tribunal dated 15.02.2002, the claimant preferred the present Civil Miscellaneous Appeal contending that the compensation awarded by the Tribunal is on lower side.3. On 16.10.1999 the claimant along with another person was proceeding with a cycle from Dhone to his village. In the opposite direction, one tractor along with trailer came and dashed against the cycle, as a result of which, they sustained injuries. The Tribunal held that the accident occurred due to the rash and negligent drivin...
K. Sivakanth Reddy and 3 ors. Vs. P. Ramanjaneyulu and 2 ors.
Court: Andhra Pradesh
Decided on: Aug-24-2007
Reported in: AIR2008AP4; 2007(6)ALD77
ORDERG. Yethirajulu, J.1. This Civil Revision Petition has been filed by the plaintiffs in O.S.No.245 of 2007 on the file of the Principal Junior Civil Judge at Bhongir, Nalgonda District.2. The plaintiffs filed the above suit for injunction. Along with the plaint, they filed an agreement of sale and some other documents. During pendency of the suit, the counsel for the plaintiffs filed a Memo stating that the matter is settled amicably out of Court and the plaintiffs intends to withdraw the suit as not pressed. In view of the Memo and in the presence of both parties, the Principal Junior Civil Judge, Bhongir dismissed the suit as not pressed without costs, through the order dated 13.07.2007. Later the plaintiffs filed I.A.No.656 of 2007 under Order 13, Rule VII (2) read with Section 151 of C.P.C. requesting the Court to return the unmarked documents including the agreement of sale dated 17.10.2006. The trial Court ordered return of documents 2 to 5 and in respect of document No. 1 i.e...
Venkataramanappa and 2 ors. Vs. T.M. Chalapathi
Court: Andhra Pradesh
Decided on: Aug-24-2007
Reported in: 2007(6)ALD81; 2008(1)ALT482
ORDERG. Yethirajulu, J.1. This Revision Petition is filed by the Judgment Debtors in E.P.No.28 of 2001 in O.S.No.27 of 1997 on the file of the learned Senior Civil Judge, Hindupur.2. The respondent is the plaintiff decree holder. He filed O.S.No.27 of 1997 for recovery of mortgage money of Rs.60,775/- against the Judgment Debtors in respect of the suit schedule property and a preliminary decree was passed on 30-04-1999. The Decree Holder filed I.A.No.25 of 2000 for passing the final decree and the final decree was passed on 30-07-2000. The Decree Holder filed E.P.No.28 of 2001 under Order 21 Rules 64 and 66 of C.P.C. against the Judgment Debtors basing on the final decree for realization of Rs.73,626/- by sale of E.P. schedule property, which is a dwelling house. The test of E.P. schedule property was ordered on 06-08-2001 issuing simultaneous notice to the Judgment Debtors. The Court Amin executed the test warrant on 02-10-2001 and submitted a report on 03-10-2001 mentioning that the ...
K. Sudhakar Reddy Vs. Ind. Bank Housing Limited, a Joint Venture of In ...
Court: Andhra Pradesh
Decided on: Aug-24-2007
Reported in: 2007(6)ALD476; 2008(1)ALT151
ORDERA. Gopal Reddy, J.1. PETITIONER/defendant No. 1 in O.S.No.4 of 2002 on the file of II Additional District Judge, Madanapalle calls in question the order dated 24-01- 2007 passed by the learned Judge in I.A. No. 646 of 2005 in I.A.No.437 of 2002 in the said suit, whereunder the I.A. filed by the 1st respondent/plaintiff under Order IX Rule 9 r/w 151 CPC for restoring the I.A.No.437 of 2004 against the proposed 4th respondent/4th defendant was allowed. 2. THE 1st respondent/plaintiff-bank filed the above suit for recovery of Rs. 1,00,69,351/- along with interest and costs against the petitioner/1st defendant and two others in which defendants filed I.A.No.437 of 2004 for rejection of the plaint. When the same came up for trial, the 3rd defendant died on 25-02-2004 leaving behind him the proposed 4th respondent/4th defendant as his legal heir. Consequent to his death the plaintiff-bank filed I.A.No.437 of 2004 for impleading the proposed 4th defendant as legal heir of 3rd defendant a...
Vegesna Ratnamma Vs. Chinta Venkateswarlu
Court: Andhra Pradesh
Decided on: Aug-24-2007
Reported in: 2008(1)ALD113
G. Yethirajulu, J.1. This Second Appeal has been preferred by the plaintiff in O.S.No.7 of 1982 on the file of the District Munsiff, Narsapur. The respondent is the defendant in the suit. The plaintiff filed the suit for permanent injunction restraining the defendant and his men from interfering with the lane between the houses of the plaintiff and the defendant and to grant mandatory injunction directing the defendant to remove the eves of his tiled house extended to the lane.2. The defendant contended that the disputed land is his exclusive lane and the plaintiff has no manner of right over the same. He further contended that there is used to be a thatched house by the time of his purchasing the house and after obtaining permission from the municipality, he constructed a tiled house in the same place at which the thatched house used to exist and as the lane exclusively belongs to him, the plaintiff has no right to ask for any relief against the defendant. Therefore, the suit is liabl...
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