Andhra Pradesh Court August 2007 Judgments
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Chejerla Munichandraiah Vs. Shaik Noorjahan and anr.
Court: Andhra Pradesh
Decided on: Aug-07-2007
Reported in: 2009ACJ785; 2008(1)ALD35
G.V. Seethapathy, J.1. This appeal is directed against order dated 6.11.2000 in O.P. No. 649 of 1996 on the file of Motor Accidents Claims Tribunal-cum-II Additional District Judge, Nellore (for short, 'the tribunal'), wherein the claim of the appellant was allowed in part awarding compensation of Rs. 25,000/- under 'No fault liability' with interest at 12% per annum from the date of filing of the petition.2. The appellant herein filed the claim application before the Tribunal seeking compensation of Rs. 1,00,000/- for the injury sustained by him in a motor vehicle accident that occurred on 7.1.1995. According to him, on that day, he boarded the lorry bearing No.AP-26-T-5338 along with his sewing machine at Kavarpet to go to Sullurpet and on account of rash and negligent driving of the lorry by its driver, the vehicle overturned resulting in multiple injuries including a crush injury on the left hand of the claimant and that his left thumb was amputated and thereby he became permanentl...
Challa Satyanarayana Vs. Tadi Lakshmana Rao and ors.
Court: Andhra Pradesh
Decided on: Aug-07-2007
Reported in: 2008(1)ALT435
ORDERV.V.S. Rao, J.1. Petitioner herein successfully contested the election to the office of Sarpanch, Chittavaram village of Narsapuram Mandal in West Godavari District. Alleging that the petitioner incurred disqualification under Section 19(3) of Andhra Pradesh Panchayat Raj Act, 1994 (the Act, for brevity), by reason of having three children, first respondent approached the Election Tribunal-and-Principal Junior Civil Judge, Narsapur, under Section 233 of the Act. In the said election petition being EOP No. 4 of 2006, petitioner filed an application purportedly under Rule 2 of Order XIV of Code of Civil Procedure, 1908 (CPC), to frame preliminary issue, whether Tribunal has jurisdiction to entertain the EOP No. 4 of 2006 only on the ground of disqualification under Section 19(3) of the Act. By impugned order dated 20-6-2007, the Tribunal rejected the said application being I.A. No. 187 of 2007 holding that application under Section 22(1) of the Act as well as Section 233 of the Act ...
National Insurance Co. Ltd. Vs. P. Saraswathamma and ors.
Court: Andhra Pradesh
Decided on: Aug-07-2007
Reported in: 2008(2)ALD565; 2008(3)ALT576
B. Seshasayana Reddy, J.1. The National Insurance Company aggrieved by and dissatisfied with an order dated 9.9.2002 passed in M.A.T.O.P. No. 47 of 1999, on the file of the Motor Accidents Claims Tribunal-cum-I Additional District Judge at Khammam, is the appellant before me.2. Respondent No. 1 is widow, respondent No. 2 is daughter and respondent No. 6 is mother of Appala Swamy. The said Appala Swamy and some others were engaged by P. Easwar Rao-5th respondent herein, owner of the lorry bearing No. AP-16-T-180, for loading and unloading of cement poles. On 27.11.1998 Appala Swamy and co-labourers loaded cement poles on the lorry bearing No. AP16-T-180 and sat on the load. The lorry driven by one B. Srinu-4th respondent herein was proceeding from Paloncha to Bhadrachalam and on nearing NTR Colony, Bhadrachalam and while negotiating a curve, the driver lost control over the vehicle on account of his rash and negligent driving and as a result the lorry turned turtle and Appala Swamy and ...
Sujana Metal Products Limited Vs. Commercial Tax Officer, Panjagutta D ...
Court: Andhra Pradesh
Decided on: Aug-07-2007
Reported in: (2009)20VST405(AP)
ORDERG.S. Singhvi, C.J.1. This petition is directed against order dated March 31, 2007 passed by the Commercial Tax Officer, Srinagar Colony Circle, Hyderabad (the respondent herein), whereby he created tax liability of Rs. 8,57,27,945 against the petitioner under the Andhra Pradesh General Sales Tax Act, 1957 (for short, 'the Act') for the assessment year 2003-04.2. The petitioner is engaged in the business of manufacture and sale of iron and steel products like M.S. ingots, tower and tower parts, etc. It is registered as a dealer under the Act. For the assessment year 2003-04, the petitioner filed return and disclosed net turnover of Rs. 29,15,82,857. The respondent did not accept the return and issued show-cause notice dated January 9, 2007 to the petitioner requiring it to file objections against the proposed rejection of its claim for exemption in relation to various items including second sales of iron and steel on the ground that the same were not supported by any documentary ev...
Beemaneni Mahalakshmi Vs. Gangumalla Apparao
Court: Andhra Pradesh
Decided on: Aug-06-2007
Reported in: 2008(1)ALD375; 2007(6)ALT401
C.Y. Somayajulu, J.1. Defendant in a suit for specific performance of an agreement of sale dated 30-12-1985, executed by her in favour of the respondent, for sale of Ac. 17-39 cents within the boundaries mentioned in the schedule appended to the plaint (the suit land) is the appellant.2. The case of the respondent is, as the appellant agreed to sell the suit land to him or his nominee for Rs. 2,45,00(3/- he paid Rs. 55,000/- to her on the date of agreement as advance whereupon she executed Ex. A-1 agreement dated 30-12-1985 for sale of the suit land in his favour. As per the said agreement he has to pay the balance sale consideration before the Sub registrar at the time of registration of the sale deed in respect of the suit land within three months from the date of agreement. It is also agreed that the appellant has to execute the sale deed after measuring the suit land for arriving at the actual sale consideration payable. Though he is always ready and willing to perform his part of ...
Sirumalla Bhumesh Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Aug-06-2007
Reported in: 2008CriLJ223
P. Swaroop Reddy, J.1. This appeal is filed against the judgment of the learned II Additional Sessions Judge (Fast Track Court), Adilabad in S.C. No. 119 of 2003. The appellant, who was A-1 before the learned trial Judge was convicted for the offence under Section 302, I.P.C. and sentenced to undergo imprisonment for life, apart from fine of Rs. 5.000-00 in default to suffer simple imprisonment for three months. A-1, the present appellant is the son of A-2, who died during the pendency of the case.2. The prosecution case is that A-1's marriage was performed with the deceased, Radha @ Laxmi, two years prior to her death on 9-5-2001. At the time of marriage no dowry was given. After the marriage of the deceased, the marriage of the elder sister of the deceased was performed at which time an amount of Rs. 10,000.00 was given towards expenditure. Thereafter A-1 started feeling that he was not given any dowry and started harassing the deceased, asking her to get dowry equal to the amount gi...
Edpuganti Bapanaiah Vs. Sri K.S. Raju and Two ors.
Court: Andhra Pradesh
Decided on: Aug-03-2007
Reported in: 2007(5)ALD380; 2007(5)ALT236; [2007]139CompCas545(AP); [2007]79SCL468(AP)
S. Ananda Reddy, J.1. This Contempt petition is filed by the petitioner under Section 10 - 12 of the Contempt of Courts Act, 1971, alleging that the respondents committed civil and criminal contempt by interfering in the course of administration of justice, by violating and disobeying the orders of the Company Law Board, Southern Region Bench at Chennai in C.P.35 of 2000, dated 29.02.2000 and order in C.A. 344/634-A/SRB/2001, dated 21.08.2001 and also for breach of affidavits filed before the Company Law Board and this Court in Company Appeal No. 7 of 2001, and to pass such other order or orders as this Court deem it fit and proper.2. It is stated that 3rd respondent is a company, while the 1st respondent is the promoter director of the 3rd respondent company and the 2nd respondent is the President of the 3rd respondent company. It is stated that the 1st respondent and other directors, on behalf of the 3rd respondent company, issued a public advertisement, inviting deposits, proposing ...
A. Subbarami Reddy Vs. Prohibition and Excise Superintendent and anr.
Court: Andhra Pradesh
Decided on: Aug-03-2007
Reported in: 2007(5)ALD732
ORDERV. Eswaraiah, J.1. Heard learned Counsel appearing for the petitioners as well as the learned Government Pleaders for Prohibition and Excise; and Home appearing for the respondents.2. In all these writ petitions similar contentions have been raised and by different impugned orders, dated 23-7-2007, the licenses of the petitioners have been suspended pending enquiry. These writ petitions have been filed questioning the said suspension orders passed by the 1st respondent-Superintendent, Prohibition and Excise and to declare the said orders as illegal, against the principles of natural justice, and violative of the judgments of this Court.3. Petitioner in W.P. No. 16637 of 2007 is the licensee of M/s Raghava Wines Shop No. 3 situated at Durgasamudram Village, Tirupathi Rural Mandal; petitioner in W.P. No. 16638 of 2007 is the licensee of M/s Raghava Wines Shop No. 4 of Pudipatla Village, Tirupathi Rural Mandal; and the petitioner in W.P. No. 16642 of 2007 is the licensee of M/s Ragha...
D. Rama Kota Reddy Vs. Assistant Registrar/Sub-divisional Co-operative ...
Court: Andhra Pradesh
Decided on: Aug-03-2007
Reported in: 2007(6)ALT25
ORDERL. Narasimha Reddy, J.1. The petitioner feels aggrieved by an order, dated 18.3.2006, passed by the Assistant Registrar/Sub-Divisional Co-operative Officer, Kovvur, the 1st respondent herein. The brief facts, that gave rise to the filing of the writ petition, are as under:2. The land in Survey No. 185/2 was owned by one Sri Vintha Subba Reddy. He obtained different kinds of loans from the 2nd respondent Co-operative Society. The land in Sy. No. 185/2 was mortgaged by document No. 25 of 2001/2002, with the 2nd respondent. Petitioner herein purchased an extent of Acs.1 -571/2 cents, out of the land in Survey No. 185/2, through a sale deed, dated 17.01.2003. Whan steps were taken to redeem the mortgage, the petitioner arranged for necessary funds and the entire loan amount was cleared on, 29.6.2005.3. Vintha Chandra Reddy s/o. Subba Reddy, the original owner of the land, was employed as Secretary in the 2nd respondent society. Surcharge proceedings, alleging lapses, were initiated ag...
Donthina Rama Kota Reddy Vs. Assistant Registrar/Sub-divisional Co-ope ...
Court: Andhra Pradesh
Decided on: Aug-03-2007
Reported in: 2007(6)ALD95
ORDERL. Narasimha Reddy, J.1. The petitioner feels aggrieved by an order, dated 18.3.2006, passed by the Assistant Registrar/Sub-Divisional Co-operative Officer, Kovvur, the 1 st respondent herein. The brief facts, that gave rise to the filing of the writ petition, are as under:2. The land in Survey No. 185/2 was owned by one Sri Vintha Subha Reddy. He obtained different kinds of loans from the 2nd respondent Co-operative Society. The land in Sy. No. 185/2 was mortgaged by document No. 25 of 2001/2002, with the 2nd respondent. Petitioner herein purchased an extent of Acs. 1-5714 cents, out of the land in Survey No. 185/2, through a sale deed, dated 17.1.2003. When steps were taken to redeem the mortgage, the petitioner arranged for necessary funds and the entire loan amount was cleared on 29.6.2005.3. Vintha Chandra Reddy S/o. Subba Reddy, the original owner of the land, was employed as Secretary in the 2nd respondent society. Surcharge proceedings, alleging lapses, were initiated agai...
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