Andhra Pradesh Court September 2007 Judgments
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Nagabandi Jadalaiah Vs. Jakkula Mallaiah and ors.
Court: Andhra Pradesh
Decided on: Sep-06-2007
Reported in: 2008(1)ALD472; 2007(6)ALT420
ORDERL. Narasimha Reddy, J.1. This application is filed with a prayer to condone the delay of 430 days in presenting the appeal, against the judgment and decree in O.S. No. 412 of 1995 on the file of the Principal Senior Civil Judge, Ranga Reddy District.2. The 1st respondent filed the suit against the respondents 2 to 17 for the relief of declaration of title and recovery of possession of the suit schedule property. The suit was contested by respondents 2 to 17, and ultimately the trial Court decreed the suit through judgment dated 28-9-2004.3. The petitioner claims that he purchased the suit schedule property from defendants 9 and 14 through sale deed dated 1 -3-2004. He pleads that he was not aware of the pendency of the suit, and that his vendors did not inform of the same.4. In the affidavit filed in support of the C.M.P., it is stated that soon after coming to know about the judgment and decree in favour of the 1st respondent, the petitioner applied for a certified copy of the ju...
P. Ram Reddy Vs. Jatling Rajeswar Rao
Court: Andhra Pradesh
Decided on: Sep-06-2007
Reported in: 2008(1)ALD46
G. Rohini, J.1. The defendant is the appellant in this second appeal, preferred against the judgment and decree dated 6.1.2007 in A.S. No. 4 of 2004 on the file of the II Additional District Judge at Warangal, under which the judgment and decree of the II Additional Junior Civil Judge, Warangal, dated 14.10.2003 in O.S. No. 514 of 1999 was reversed.2. The respondent/plaintiff filed O.S. No. 514 of 1999 for recovery of Rs. 17,000/-allegedly due from the defendant/appellant herein together with interest at 2% per annum from the date of the suit till realization of the decretal amount. The said suit was dismissed with costs by the trial Court by judgment and decree dated 14.10.2003. Challenging the same, the plaintiff preferred A.S. No. 4 of 2004 on the file of the II Additional District Judge, Warangal. The lower appellate Court, on re-appreciation of the evidence on record, allowed the appeal and set aside the judgment and decree passed by the trial Court. Accordingly, the suit filed by...
Shaik Mabi Vs. Nomula Sarada and ors.
Court: Andhra Pradesh
Decided on: Sep-06-2007
Reported in: 2008(2)ALD121
P.S. Narayana, J.1. Heard Sri Saigangadhar Chamarti.2. The second appeal is preferred as against the judgment and decree made in AS No. 9 of 2006 on the file of the Court of Principal District Judge, Nellore, dated 15.3.2007. The appellant had preferred the second appeal being aggrieved of the said decree and judgment made in AS No. 9 of 2006, which was filed as against an order made in IP No. 4 of 2004 on the file of the Court of Senior Civil Judge, Kowur, Nellore District. The said application, IP No. 4 of 2004 was filed under Sections 9 and 6 of the Provincial Insolvency Act, 1920 to declare the first respondent as insolvent and the sale transaction in favour of the third respondent, dated 3.12.2003 as null and void.3. Section 75 of the Provincial Insolvency Act, 1920 deals with appeals and the relevant portion of the said provision reads as hereunder:(1) The debtor, any creditor, the Receiver or any other person aggrieved by a decision come to or an order made in the exercise of in...
A.P. Transco Vs. Sarathy Engineering Corporation and ors.
Court: Andhra Pradesh
Decided on: Sep-06-2007
Reported in: 2008(3)ALD121; 2008(3)ALT456
B. Prakash Rao, J.1. The petitioner herein, which is also petitioner before the Court below, files this revision under Section 115 of the Code of Civil Procedure, 1908, seeking to assail the order passed on a Memo filed by itself in Memo S.R. No. 274 of 2007 in O.P. No. 43 of 2002, dated 8.2.2007, on the file of the VIII-Additional Senior Civil Judge (Fast Track Court), City Civil Court, Hyderabad, rejecting its request to return the original petition filed by it to be presented before proper Court.2. Heard Sri N. Subba Reddy, the learned Standing Counsel appearing on behalf of the petitioner and Sri Vedula Venkata Ramana, the learned Counsel appearing on behalf of the respondent.3. Briefly stated, the facts which are not in dispute are to the effect that having regard to certain disputes arose between the petitioner and respondent, at the instance of the respondent, an Arbitrator was appointed as per the orders, dated 29.8.1997, in O.P. No. 162 of 1990, on the file of the FV-Additiona...
Venkata Ramana Agencies Vs. the District Collector and ors.
Court: Andhra Pradesh
Decided on: Sep-05-2007
Reported in: 2007(1)ALD138
ORDERP.S. Narayana, J.1. Heard Sri Challa Dhanamjaya, the learned Counsel representing the writ petitioner, the learned Assistant Government Pleader for Civil Supplies representing respondents 1 and 2, Sri S.Nageswar Reddy, the Standing Counsel for 3rd respondent and Sri P.V. Sanjay Kumar, the learned Counsel representing the 5th respondent.2. The learned Counsel representing the writ petitioner had taken this Court through the contents of the affidavit filed in support of the Writ Petition and the objections raised and would maintain that the preliminary objection raised by Sri P.V. Sanjay Kumar, the learned Counsel representing the 5th respondent that the Writ Petition is not maintainable at the instance of a rival trader cannot be sustained. The learned Counsel also in detail had explained how there is some subsequent change of Law by relying upon certain decisions in this regard. The Counsel also further had pointed out that when other serious objections are there, to throw out a W...
B. Uma Devi Vs. the Greater Hyderabad Municipal Corporation, Represent ...
Court: Andhra Pradesh
Decided on: Sep-05-2007
Reported in: 2007(6)ALD356; 2007(5)ALT676
ORDERGoda Raghuram, J.1. The petitioner assails the notice dated 6.8.2007 [issued under Section 636 of the Hyderabad Municipal Corporation Act, 1955 (for short 'the Act'], whereby the petitioner is directed to demolish/pull down/remove the deviations/unauthorized structure, specified therein.2. Earlier on 16.7.2007, the 1st respondent issued a notice under Section 452 of the Act, intimating the petitioner that having obtained a building permission for construction of a residential, ground+two floors structure, vide a permit dated 22.5.2003, she had deviated from the approved plan in the constructions. The deviations (pointed out in the notice) are; an extent 1.51 mts in the front set backs and 0.50 mts on the set back on one side, apart from addition of a room unauthorisedly, on the 3rd floor. The petitioner was called upon to submit her explanation to the show cause notice within the stipulated time. On 3.8.2007, the petitioner submitted her explanation stating that she had not violat...
Chittajallu Srinivasa Rao Vs. Narmada Joshi
Court: Andhra Pradesh
Decided on: Sep-05-2007
Reported in: 2007(1)ALD111; 2007(5)ALT767
L. Narasimha Reddy, J.1. The appellant is the lessee in respect of the premises bearing No. 11-49-311 of Vijayawada, belonging to the respondent. The lease was commenced in the year 1995, which was from month to month. The respondent filed O.S. No. 2348 of 2001 in the Court of I Additional Junior Civil Judge, Vijayawada, for eviction of the appellant. The suit was opposed by the appellant stating that substantial amounts were paid as advance and that there was a subsisting lease. The trial Court decreed the suit through its judgment, dated 28.03.2005. Aggrieved thereby, the appellant filed A.S. No. 236 of 2005 in the Court of VII Additional District and Sessions Judge, (Fast Track Court), Vijayawada. The said appeal was dismissed on 04.06.2007. Hence this second appeal.2. Sri P. Radha Krishna, learned Counsel for the appellant submits that the trial Court and the lower appellate Court erred in holding that Exs. B-2 and B-3 through which, the advance rent was paid were not proved. He co...
Siva Priya Bar and Restaurant Vs. Commissioner of Prohibition and Exci ...
Court: Andhra Pradesh
Decided on: Sep-05-2007
Reported in: 2007(6)ALD485; 2008(1)ALT293
ORDERV. Eswaraiah, J.1. Heard the learned Counsel appearing for the petitioner, learned Government Pleader for Prohibition and Excise and the learned Counsel appearing for the 4th respondent.2. The petitioner is the licensee in Form 2-B to run the Bar and Restaurant in premises bearing No. 11-31-469/1 and 4, Palnadu Bus Stand Area, Narsaraopet, Guntur District, vide Licence No. 10/2006-07 for the period commencing from 1.7.2006 and ended with 30.6.2007. The said licence has been renewed by order dated 29.6.2007 by the third respondent for the excise year 2007-08 i.e., from 1.7.2007 to 30.6.2008 as per the provisions of the Andhra Pradesh Excise (Grant of Licence of Selling by Bar and Conditions of Licence) Rules 2005 (hereinafter called 'the Bar Rules').It is stated that the 4th respondent is the licensee in form 2-B for running Bar and Restaurant in premises bearing No. 14-1-33, Lal Bahadur Market Centre, Narsaraopet, Guntur District for the year 2006-07 and he filed an application da...
Aryan Coal Benefications Pvt. Ltd. Rep. by Its General Manager Vs. Sub ...
Court: Andhra Pradesh
Decided on: Sep-05-2007
Reported in: 2008(1)ALD48; 2007(6)ALT430
ORDERV. Eswaraiah, J.1. Heard learned Counsel appearing for the petitioner; learned Government Pleader for Revenue appearing for respondents 1 and 3; and the learned standing counsel appearing for the 2nd respondent.2. Petitioner seeks a writ of mandamus declaring the order of the 1st respondent in Case No. G/469/2007-2, dated 13-04-2007, as illegal, and arbitrary.3. It is the case of the petitioner company that it purchased an extent of Ac. 14.54 cents of agricultural lands in Sy. Nos. 127, 135, 147, 149, 150 and 151 of Goleti village, Rebbena mandal, Adilabad District vide registered sale deed, dated 06-06-2006, and also obtained pattadar passbook and title deed under the A.P. Rights in Land and Pattadar Pass Books Act, 1971.4. It is stated that the said agricultural lands have been purchased only for the purpose of using the said lands for nonagricultural purpose and in order to start a Coal Washing Plant he made an application to the A.P. Pollution Control Board, and the Board issu...
Raghuram Kamisetty Vs. Regional Passport Officer and anr.
Court: Andhra Pradesh
Decided on: Sep-05-2007
Reported in: 2007(6)ALD466
ORDERP.S. Narayana, J.1. This Court ordered Notice Before Admission on 20.9.2006. This Court also made the following order:In the meanwhile, there shall be stay of collection of penalty imposed under the proceedings of the respondent No. 1, dated 10.7.2006. Print the name of Mr. J. Ashok for respondents.2. Counter-affidavit is filed on behalf of the 1st respondent.3. Sri K.V. Bhanu Prasad, learned Counsel representing the petitioner had taken this Court through the averments made in the affidavit filed in support of the writ petition and would maintain that in the facts and circumstances of the case the imposition of penalty on the ground of alleged suppression of information cannot be sustained. The learned Counsel also had taken this Court through the relevant statutory provisions in the Passport Act, 1967.4. Per contra, Sri J. Ashok, learned Counsel representing the 1st respondent would maintain that in the facts and circumstances the order made is in accordance with law. The learne...
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