Andhra Pradesh Court September 2007 Judgments
Daggubati Ranganayakulu (Died) Rep. by L.Rs. Vs. Polini Venkata Subbai ...
Court: Andhra Pradesh
Decided on: Sep-28-2007
Reported in: 2008(4)ALD377; 2008(4)ALT495
L. Narasimha Reddy, J.1. The appellants are the plaintiffs in O.S. No. 218 of 1974, in the Court of Principal District Munsif, Chirala. They filed the suit against the respondents, for the relief of recovery of possession of plaint A-schedule land, from defendants 1 and 2, and in the alternative, for decree of Rs. 6,000/-, with subsequent interest, against defendants 3 and 4. It was also claimed that a charge over B-Schedule property be created, for payment of the same. The case presented by the appellants was as under.2. For the sake of convenience, the parties are referred to, as arrayed in the suit. Addanki Venkata Narasimham and his cousin brother Addanki Veera Raghavaiah, held various items of immovable properties in joint. They had a sister by relation, T. Laxmamma, who became widow at an young age, and was living at her parental house. On 22.5.1923, Venkatanarasimham and Veera Raghavaiah executed a document, Ex.B-1, in favour of their sister, T. Laxmamma. Under this, life intere...
Tag this Judgment!M.K. Ramesh Kumar Vs. Asset. Reconstruction Company (India) Limited Re ...
Court: Andhra Pradesh
Decided on: Sep-28-2007
Reported in: AIR2008AP45; III(2008)BC258
ORDERG.S. Singhvi, C.J.1. Whether conveyance deed dated 11.6.1996 executed by the Government of Andhra Pradesh in favour of Smt. Krishna Balachander in respect of plot bearing No. 240/A admeasuring 4622 square feet situated at Marredpalli, Secunderabad could be treated as an accession to mortgage executed by her in favour of the State Bank of India (for short 'the Bank') within the meaning of Section 70 of the Transfer of Property Act, 1882 (for short, 'the 1882 Act') and whether respondent No. 1 - Asset Reconstruction Company (India) Ltd. with whom the Bank entered into Assignment Agreement dated 31.3.2005 and transferred all the loan incidents can recover its dues by disposing of the plot and the building constructed over it, are the questions which arise for determination in this petition filed under Article 226 of the Constitution of India by Shri M.K. Ramesh Kumar through his General Power of Attorney M. Kartikeyan for quashing order dated 30.4.2007 passed by the Debts Recovery Ap...
Tag this Judgment!Sri Rama Agencies Rep. by Its Proprietor Vs. Machani and Machani Agroc ...
Court: Andhra Pradesh
Decided on: Sep-28-2007
Reported in: 2008(1)ALD712
L. Narasimha Reddy, J.1. The respondent herein filed O.S. No. 163 of 2001 in the Court of Principal Senior Civil Judge, Kurnool, against the appellant, for recovery of an amount of Rs. 1,21,819=50 ps., towards the cost of pesticides, supplied to the appellant. In the written-statement filed by the appellant, existence of transactions of supply of pesticides, on various occasions, was admitted, and it was contended that there are no outstanding dues. The trial Court dismissed the suit through its judgment dated 17-02-2003. Thereupon, the respondent filed A.S. No. 52 of 2003 in the Court of IV Additional District and Sessions Judge, Kurnool. The appeal was allowed, and the case was remanded to the trial Court for fresh disposal, according to law. Hence, this Civil Miscellaneous Appeal under Order XLIII, Rule 1(u) of C.P.C.2. Sri K. Sitaram, learned Counsel for the appellant, submits that the lower Appellate Court directed remand of the case, as though it is a matter of course. He contend...
Tag this Judgment!M. Ravinder Reddy Vs. Union of India (Uoi) and anr.
Court: Andhra Pradesh
Decided on: Sep-28-2007
Reported in: 2008(1)ALD685
ORDERP.S. Narayana, J.1. Heard Sri Prasad Rao Vemulapalli, the learned Counsel representing the writ petitioner and Sri P. Ganga Rami Reddi, the learned Standing Counsel for the respondents.2. The only question which had been argued in elaboration is rejecting the tender of the writ petitioner who is incidentally the managing partner of the partnership firm, without taking into consideration the qualifications of the writ petitioner and further holding that the partnership firm as such is not otherwise qualified, in the facts and circumstances cannot be sustained. The learned Counsel placed strong reliance on the decision of the Apex Court in New Horizons Ltd. v. Union of India : (1995)1SCC478 . The learned Counsel also while elaborating his submissions had taken this Court through the eligibility criteria and also the other relevant qualifications which had been produced by way of material papers before this Court.3. Per contra, Sri Ganga Rami Reddi, the learned Standing Counsel repre...
Tag this Judgment!M. RatIn and anr. Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Sep-28-2007
Reported in: 2008(3)ALD105
C.V. Nagarjuna Reddy, J.1. Since a common issue in all these four writ petitions is involved, they are being disposed of by a common order.2. The petitioners in all these four writ petitions passed the qualifying examination, namely, two years intermediate course and are eligible for being admitted into the Engineering Course in 'B' category seats. The petitioners claim that though they have visited respondent Nos. 4 and 5 colleges many times, they were not informed about the details of the availability of 'B' category seats nor they were considered for admission under the said category; that they came to know that respondent No. 3 commenced the process of admission of students in 'B' category seats without prior notification and proper intimation to the general public. It is averred that though respondent Nos. 3 to 5 have been indulging in blatant violation of the Rules framed by the Government as notified in G.O. Ms. No. 53 dated 10.5.2006 in filling up 'B' category seats, by keeping...
Tag this Judgment!P. Srividya Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Sep-28-2007
Reported in: AIR2008AP109
C.V. Nagarjuna Reddy, J.Since identical issues arise in these two writ petitions, they are being disposed of by a common order.2. The petitioners in these writ petitions sought for a writ of mandamus to invalidate the amendment brought out to Rule 9 of the Andhra Pradesh Unaided Non-Minority Professional Institutions (Regulation of Admission to Under-graduate Medical and Dental Professional Courses) Rules, 2007 whereby Sub-clause (c) to Sub-rule (3) of Rule 9 has been inserted. The petitioners also sought for setting aside the allotment of MBBS seat to respondent No. 5 who is common in both the writ petitions, under NCC quota, by holding that the certificate obtained by respondent No. 5 after the qualifying examination of EAMCET, 2007 cannot be the basis for fixing the priorities.3. The facts in brief, shorn of needless details, run as under:The petitioners and respondent No. 5 in the two writ petitions completed their intermediate course and appeared for EAMCET, 2007 examinations cond...
Tag this Judgment!Pundi Govindarajan Vs. Subas Chandra Sahu
Court: Andhra Pradesh
Decided on: Sep-27-2007
Reported in: 2008(1)ALD357; 2008(1)ALT750
G. Yethirajulu, J.1. This Appeal is preferred by the plaintiff in O.S.No.627 of 1987 on the file of the learned District Munsif at Palakonda.2. The suit was filed by the plaintiff for specific performance of an agreement of sale directing the defendant to execute a sale deed in respect of the plaint schedule property and to put the plaintiff in possession of the same or in the alternative to pay the advance amount of Rs. 5,100/- with interest. The defendant resisted the suit and both parties adduced evidence in support of their respective contentions. The trial Court, after considering the evidence adduced by both parties, granted the decree in favour of the plaintiff directing the defendant to execute the sale deed in respect of the suit schedule property of 4 cents and put the plaintiff in possession of the same. Being aggrieved by the same, the defendant preferred A.S.No.15 of 1996 on the file of the Subordinate Judge, Rajam and the learned Subordinate Judge allowed the Appeal by se...
Tag this Judgment!Achi Ramulu (Died) Per Lrs. Vs. Kunapareddy Vijaya Kumar (Died) Per Lr ...
Court: Andhra Pradesh
Decided on: Sep-27-2007
Reported in: 2008(1)ALD765; 2008(1)ALT437(NULL)
L. Narasimha Reddy, J.1. This Civil Miscellaneous Second Appeal, under Section 100 of C.P.C., is filed against the concurrent judgments, rendered in an application filed under Rules 97, 98, 99 and 101 of Order 21 C.P.C., and in an appeal filed against the same. The respondents 1 to 4 filed O.S. No. 213 of 1984 in the Court of Principal Junior Civil Judge, Machilipatnam, against respondents 5 to 12, for recovery of possession of the suit schedule property.2. The suit was decreed, and A.S. No. 165 of 1990, filed by the respondents 5 to 12, against the judgment and decree of the trial Court, was dismissed. After the decree in the suit became final, respondents 1 to 4 filed E.P. No. 93 of 1999, at a time, when the delivery of possession of the property was being effected. The deceased-1st appellant filed E.A. No. 412 of 1999, under Rules 97, 98, 99 and 101 of Order 21 C.P.C. During the pendency of the application, he died. His legal representatives, being appellants 1 and 2, were brought o...
Tag this Judgment!Madras Cements Limited Vs. Commercial Tax Officer and anr.
Court: Andhra Pradesh
Decided on: Sep-27-2007
Reported in: (2008)14VST489(AP)
ORDERBilal Nazki, J.1. Heard learned Counsel for the parties.2. In this writ petition, order dated August 1, 2005, which imposed interest in terms of the provisions of the Andhra Pradesh General Sales Tax Act, 1957 (for short, 'the Act'), has been challenged. This order is mainly challenged on the ground that the order was not communicated to the petitioner.3. Counter has been filed, in which it is stated that, in fact, the order dated August 1, 2005 was dispatched to the petitioner by ordinary post on September 30, 2005.4. Therefore, the controversy is limited to decide as to whether service by ordinary post would be service in terms of the Andhra Pradesh General Sales Tax Rules, 1957.5. In this connection, Rule 58 of the Andhra Pradesh General Sales Tax Rules is the relevant rule. This rule prescribes that any service of notice, summons, order or proceedings under the Act or under the Rules may be effected by giving or tendering it to such dealer or his manager or agent; or when such...
Tag this Judgment!In Re: Southern Continental Contractors Ltd. (In Prov. Liqn.)
Court: Andhra Pradesh
Decided on: Sep-27-2007
Reported in: [2008]84SCL8(AP)
ORDERS. Ananda Reddy, J.1. This application is filed by the Advocate Commissioners seeking permission of this Court to consider the claim applications of 19 depositors mentioned in Annexure-A, who prepared Form-66 in time but submitted belatedly and consequently to effect the payments.2. It is stated that those 19 depositors have furnished Form-66 on Rs. 20 non-judicial stamp paper purchased within time and as far as submission of the same is concerned, there was some delay. Therefore, the Advocate Commissioners filed the present application seeking permission of this Court to consider the claim applications of those depositors without insisting them to approach this Court to condone the delay by each of the depositors.3. For the reasons stated in the affidavit and further since the claims relate to small amounts ranging from Rs. 1,000 to Rs. 5,000 in most of the cases, except three cases where claims are for Rs. 50,000, Rs. 20,000 and Rs. 10,000, the application is ordered as prayed f...
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