Andhra Pradesh Court August 2007 Judgments
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A. Jagan Mohan Rao and ors. Vs. Kakatiya University, Rep. by Its Regis ...
Court: Andhra Pradesh
Decided on: Aug-03-2007
Reported in: 2008(3)ALD132; 2007(6)ALT372
ORDERN.V. Ramana, J.1. The petitioners, who were employees of the constituent colleges of Osmania University and absorbed in the service of Kakatiya University upon its creation, filed the present writ petitions aggrieved by the action of Kakatiya University in retiring them on attaining the age of 58 years as per the service conditions of employees of Kakatiya University, as illegal and arbitrary, and consequently to direct the Kakatiya University to continue them in service till they attained the age of 60 years as per the judgment of the Supreme Court in Osmania University v. V.S. Muthurangam : AIR1997SC2758 .2. The petitioners were initially appointed in different categories of posts in Arts and Science (Day and Evening) College and Law College situated in Warangal, Osmania University, during the years 1970-72. While so, a new University, known as Kakatiya University, came to be created vide Act 44 of 1976. Consequent upon creation of Kakatiya University, the Kakatiya University Ac...
United India Insurance Co. Ltd. Vs. K. Sukada Bai and ors.
Court: Andhra Pradesh
Decided on: Aug-03-2007
Reported in: 2009ACJ726; 2008(1)ALD156
G.V. Seethapathy, J.1. This appeal is directed against the order dated 13.10.1999 in O.P. No. 433 of 1999, on the file of the Motor Accidents Claims Tribunal (District Judge) (for short 'the Tribunal'), Nizamabad, wherein the claim of respondents 1 and 2 herein was allowed awarding compensation of Rs. 3 lakhs with interest at 12% per annum from the date of petition.2. Respondents 1 and 2 herein filed claim application before the Tribunal claiming compensation of Rs. 3 lakhs on account of the death of the deceased K. Laxmikanth Rao, who died in a motor vehicle accident that occurred on 17.10.1995. The first claimant is the mother and the second claimant is the wife of the deceased. According to them, on that day while the deceased was travelling in a jeep bearing No. AP 25B 6765 from Gandhari to Kamareddy, due to the rash and negligent driving by its driver, the jeep overturned, resulting in multiple injuries including head injuries to which the deceased succumbed while undergoing treat...
Vojjala Jayamma Vs. Vojjala Pullaiah
Court: Andhra Pradesh
Decided on: Aug-02-2007
Reported in: 2007(6)ALD213
ORDERGopala Krishna Tamada, J.1. Petitioner-wife instituted O.S. No. 47 of 2004 on the file of the Court of the Junior Civil Judge, Manthani, against respondent-husband seeking maintenance. In the said suit, she filed I.A. No. 13 of 2005, under Order VI, Rule 17 of the Code of Civil Procedure, 1908 (for short, 'the Code') and as the said petition was dismissed by the trial Court by order dated 04.02.2005, she approached this Court and filed this revision.2. Brief facts are that petitioner is the legally wedded wife of respondent-husband. As her husband deserted her, she instituted suit, O.S. No. 2 of 1983, on the file of the Court of the District Munsif, Manthani against her husband and the said suit was decreed awarding maintenance at the rate of Rs. 350/- per month. As the said decree was in 1993 and the amount of Rs. 350/- awarded towards maintenance is very meagre in the present day of living, and in view of the changed circumstances, as the said amount is not sufficient, she appro...
Elisetti Yadagiri Vs. District Collector-cum-district Magistrate and a ...
Court: Andhra Pradesh
Decided on: Aug-02-2007
Reported in: 2007(6)ALD288
ORDERV.V.S. Rao, J.1. These two writ petitions are filed assailing the proceedings in file No. B3/l660/2005 dated 27.5.2005 issued by first respondent, namely, the District Collector, Mahabubnagar, and the consequential notices in file No. A/161/2005 dated 2.6.2005 issued by second respondent, namely, the Mandal Parishad Development Officer (MPDO), Mahabubnagar, directing the petitioners to vacate the premises in their occupation within three days from the date of receipt of said notices. As the contentions raised are similar, this common order shall dispose of both the writ petitions.2. The Mandal Parishad, Achampet, constructed a shopping complex with thirty-seven shops in its office premises. Out of these shops, in 2003, ten shops were put to auction on lease and again sometime later some other shops wee put to auction. The petitioners in these two writ petitions became successful bidders and they were inducted as lessees in accordance with the Acquisition and Transfer of Property b...
P. Venkatram Reddy Vs. Senior Divisional Manager, Lic of India and anr ...
Court: Andhra Pradesh
Decided on: Aug-02-2007
Reported in: 2007(6)ALD553
P.S. Narayana, J.1. Heard Sri C.V. Suryanarayana, learned Counsel representing the appellant and Sri A.P. Venngopal, representing Sri Seshagiri Mangipudi, learned Counsel representing the respondents.2. The order impugned in the present civil miscellaneous appeal reads as hereunder:Both sides present. This petition shows that the affidavit is filed by Junior Counsel and the respondents filed rulings laid down by the Hon'ble High Court vide 2003 (3) ALT 816 along with the counter and the said Ruling laid down says that affidavit of party to proceedings should alone file the affidavit and not Counsel.Hence, in view of the said Ruling, this petition is dismissed.3. The learned Counsel representing the appellant submitted that the appeal was dismissed for default during call work for want of representation and the junior Counsel on record was attending the Court of Chief Judge during the call work and after attending the said Court, immediately he came to the concerned Court, but by that t...
Chebrolu Jaganmohana Rao S/O Sitaramaiah Vs. Sri Bhavanarayanaswamy an ...
Court: Andhra Pradesh
Decided on: Aug-01-2007
Reported in: 2007(6)ALD60; 2007(6)ALT766
G.V. Seethapathy, J.1. This appeal is directed against the judgment and decree dated 24.2.1990 in OS No. 1 of 1985 on the file of the Court of Subordinate Judge, Bapatla, wherein the suit filed by the respondent herein for recovery of a sum of Rs. 31,750/- towards damages, was decreed with future interest at 6% per annum from the date of decree, till the date of realisation.2. The respondent-temple filed suit with the following averments:The Executive Authority of the plaintiff temple conducted auction on 1.9.1982 for sale of paddy belonging to the temple, after due publication. It was stipulated among other things that at the time of the auction, the highest bidder has to pay 1/3rd of the bid amount including the deposit on conclusion of the auction and that the highest bid is subject to final confirmation and approval by the Commissioner, Endowments and the highest bidder has to take delivery of paddy duly paying the sale price, within three days of the intimation of the approval, or...
G. Rajender Reddy (Died) by Lrs. Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Aug-01-2007
Reported in: 2007(5)ALD692
L. Narasimha Reddy, J. 1. In this batch of writ petitions, identical questions of fact and law arise. Hence, they are disposed of by a common judgment.2. In the month of December, 1995, the Divisional Forest Officer, Nirmal, along with the Divisional Forest Officer, Flying Squad and other officials in the district, raided the residential premises of the petitioners and found that teak timber logs were stored at various places. On finding that the forest produce so found was not covered by any permit under the rules framed under the A.P. Forest Act, 1967 (for short 'the Act'), cases were registered and the forest produce was transported to the Government Timber Depot, Khanapur under the cover of panchanama. The main allegation was that no permit, as required under Rule 2(3) of A.P. Forest Produce Transit Rules, 1970 (for short 'the Transit Rules') was obtained and that the petitioners violated Rule 2 of A.P. Teakwood Possession Rules, 1970 (for short 'the Teakwood Rules').3. In the proc...
K. Venkateshwarlu Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Aug-01-2007
Reported in: 2007(5)ALD728; [2007(115)FLR751]; (2008)ILLJ187AP
ORDERC.V. Ramulu, J.1. This writ petition is filed challenging the Award dated 2-3-1998 made in I.D. No. 153 of 1995 on the file of Industrial Tribunal-cum-Labour Court, Warangal.2. Petitioner is the workman and 3rd respondent is the Management. It appears, the services of the petitioner while working as NMR Sweeper in the Office of the 3rd respondent were terminated without any notice. Therefore, he raised a dispute under Section 2A(2) of the Industrial Disputes Act, 1947 (for short 'the Act') in I.D. No. 153 of 1995. It was the case of the petitioner that he was appointed as N.M.R. Sweeper with effect from 20-1-1990 in the 3rd respondent-Municipality and worked upto 25-12-1992 continuously without any break. However, suddenly and orally, his services were terminated with effect from 26-12-1992 without assigning any reasons. It was his contention that he had put in more than 240 days continuous service in the calendar year preceding the date of termination from service and the oral te...
Routu Sivudunaidu and ors. Vs. Pandranki Lakshminarayanamma
Court: Andhra Pradesh
Decided on: Aug-01-2007
Reported in: 2007(6)ALD116; 2007(6)ALT243
B. Prakash Rao, J.1. The appellants herein, who are the defendants in the Court below, by way of this appeal seek to assail the judgment and decree dated 18.4.1994 in A.S. No. 3 of 1990 on the file of the Court of Subordinate Judge, Rajam, allowing the appeal at the instance of the respondent/ plaintiff and setting aside the dismissal of the suit as per the judgment and decree dated 31.7.1989 in O.S. No. 219 on the file of the Court of District Munsif, Palakonda.2. Heard Sri Rama Rao Ghanta, learned Counsel appearing for the appellants, Sri Gade Venkateswara Rao and Sri Venkateswara Rao Gudapati, learned Counsel appearing for the respondent.3. The facts, which arose in these proceedings, are that the respondent/ plaintiff filed a suit for recovery of possession of the suit schedule property after ejecting the appellants/defendants and further consequential reliefs.4. The claim of the respondent/plaintiff was to the effect that she is the legally wedded wife of the third defendant and t...
Taherunnisa Begum Vs. District Collector and anr.
Court: Andhra Pradesh
Decided on: Aug-01-2007
Reported in: AIR2008AP11
ORDERA. Gopal Reddy, J.1. Since these two writ petitions are arising out of identical issues, they are heard together and are being disposed of by this common order.2. The petitioner in W.P. No. 18164 of 2000 is the son and the petitioner in W.P. No. 18178 of 2000 is the wife of Ghouse Mohiddin, who was declared as revenue defaulter. They call in question the attachment of their houses by the respondents for due recovery of the amount payable by the revenue defaulter under the Revenue Recovery Act, 1864 (for short 'the Act').3. According to the petitioner in W.P. No. 18178 of 2000, she purchased the house bearing D. No. 7/264-A situated at Ravindra Nagar, Kadapa under a registered sale deed, dated 7-10-1989, for a consideration of Rs. 21,200/- from one Shaik Ghouse Peera. While so, the Mandal Revenue Officer issued a notice in Ref./L740/98, dated 16-7-1999, to her husband stating that while he was working as Sub Treasury Officer he misappropriated an amount of Rs. 52,88,390/-and called...
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