Andhra Pradesh Court September 2007 Judgments
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Andhra Printers Ltd. Vs. V. Arjun Rao and anr.
Court: Andhra Pradesh
Decided on: Sep-14-2007
Reported in: [2008]141CompCas7(AP); [2008]81SCL209(AP)
L. Narasimha Reddy, J.1. The respondents filed O.S. No. 56 of 2001 in the court of Senior Civil Judge, Nizamabad, against the petitioner, claiming damages for libel against them. It was pleaded that in a daily newspaper published by the petitioner, certain derogatory and defamatory remarks were published and a sum of Rs. 1,01,000 was claimed as damages.2. The petitioner filed I.A. No. 90 of 2006 under Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 (for short 'the Act'), with a prayer to suspend all further proceedings in the suit. It was pleaded that the petitioner had become a sick industrial company and that the proceedings were initiated under the Act, before the Board of Industrial and Financial Reconstruction (BIFR). Placing reliance upon Section 22 of the Act, it was urged that no proceedings for recovery of the amount against a company, declared as sick industry, can be maintained or proceeded with, in view of the prohibition contained in it. The appl...
Pamanagundla Venkulu Vs. Nerella Yellaiah and ors.
Court: Andhra Pradesh
Decided on: Sep-14-2007
Reported in: 2008(1)ALD702; 2008(1)ALT275
ORDERB. Prakash Rao, J.1. The petitioner herein claiming to be the landlord filed this revision under Section 91 of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (for short 'the Act') assailing the orders of the appellate authority, the Joint Collector, Nalgonda in Case No. C3/JC/TA/6/92, dated 26.04.1993 allowing the appeal at the instance of the first respondent who claims to be the protected tenant, and setting aside the order of the Additional Revenue Divisional Officer (LR), dated 28.04.1992, in Case No. E/8295/ 99, cancelling the tenancy rights of the first respondent.2. Briefly stated the facts of the case which give rise to this revision are that the petitioner claims to be the purchaser of the land in question which is to an extent of Ac. 10.02 gnts. in Survey No. 97, situated at Chepur Village, Gurrampode Mandal, Nalgonda district, in pursuance of the purchase made on 28.07.1954 and according to him, he has been in possession all along ever sinc...
Koya Narayanareddy Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Sep-14-2007
Reported in: 2008(1)ALD587
ORDERP.S. Narayana, J.1. This Court issued rule nisi on 21.8.2007.2. Counter-affidavit is filed by R4.3. The writ petition is filed for a writ of mandamus declaring the action of the respondent No. 1 in issuing the impugned order in Rc. No. H2/13766/2007, dated 10.8.2007 as illegal, void besides without jurisdiction as it is against to statutory rules made in G.O. Ms. No. 866, dated 8.8.2003 and consequentially set aside the Rc. No. H2/ 13766/2007, dated 10.8.2007 and directing the respondents to conduct the public auction immediately, for collecting the human hair in the 4th respondent Temple with the upset price of the bid offered by the petitioner (Rs. 23 lakhs) and to pass such other suitable orders.4. Sri Guru Gopal, 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 would maintain that it may be that in pursuance of certain observations made by this Court the impugned order coul...
Shaik Khadaru Masthan Vs. Smt. Sayyed Fathimun Bee
Court: Andhra Pradesh
Decided on: Sep-13-2007
Reported in: AIR2008AP1; 2007(6)ALD482; 2007(6)ALT220
ORDERB. Seshasayana Reddy, J.1. The plaintiff in O.S. No. 171 of 2001 on the file of Principal Junior Civil Judge, Sattenapalli is the revision petitioner. He filed the revision assailing the order dated 9.3.2007 passed in O.S. No. 171 of 2001 whereby and whereunder the learned Principal Junior Civil Judge upheld the objection of the defendant and refused to receive document dated 15.6.1982 in evidence.2. Facts of the case, in brief, giving rise to filing of this revision by the plaintiff in O.S. No. 171 of 2001 on the file of Principal Junior Civil Judge, Sattenapalli are:The plaintiff filed the suit for injunction simpliciter against the defendant in respect of the suit schedule property which comprises two items; item No. 1 admeasures Ac.0.55 cents and item No. 2 admeasures Ac.0.5.5 cents. It is the case of the plaintiff that his mother gifted the suit schedule property in the year 1982 and put him in possession. He accepted the gift; thereafter his mother executed a gift deed on 2....
Pemula Vijayarathnam and anr. Vs. Boyapati Singa Rao and ors.
Court: Andhra Pradesh
Decided on: Sep-13-2007
Reported in: 2008(1)ALD88; 2007(6)ALT425
ORDERP.S. Narayana, J.1. These Civil Revision Petitions are coming up for Admission. However, submissions at length were made by Sri Venkateswarlu, Counsel representing the Revision Petitioners in all these Civil Revision Petitions and Sri Unnam Muralidhar Rao and Sri Srinivas, representing Sri M.V. Suresh Kumar, Counsel representing the respondents.2. C.R.P. No. 3400/2007 is filed by the Revision Petitioners/Judgment-debtors as against an order dated 29-6-2007 on the file of Principal Junior Civil Judge, Kavali, made in E.P. No. 15/2006 in O.S. No. 327/97. C.R.P. No. 3909/2007 is filed as against an order dated 17-1-2007 on the file of Principal Junior Civil Judge, Kavali in E.P. No. 7/2006 in O.S. No. 326/97. C.R.P. No. 3777/2007 is filed as against an order made in E.A. No. 415/ 2007 in E.P. No. 7/2006 in O.S. No. 326/97 dated 30-7-2007. After hearing the Counsel, while reserving Orders in all these Civil Revision Petitions, on 3-9-2007, this Court made an order of status quo obtain...
A.P. State Electricity Board Employees Union Vs. Joint Collector and o ...
Court: Andhra Pradesh
Decided on: Sep-13-2007
Reported in: 2008(1)ALD29; 2008(4)ALT638
ORDERG. Rohini, J.1. The petitioner-A.P. State Electricity Board Employees Union, Madanapalli Division, filed this writ petition seeking a writ of certiorari to call for the records relating to the proceedings of the second respondent-Revenue Divisional Officer, dated 12.6.1998, and to quash the same being arbitrary and illegal.The facts in brief are as under:One K. Obulappa was assigned the land to an extent of Ac 5.26 cents situated in S. No.509/4 of B.K. Palle Village in the year 1933. On his death, the respondents 4 and 5 herein have continued in possession and enjoyment of the same not only as the legal heirs of the original assignee, but also on the basis of a registered gift deed executed by their father K. Obulappa during his life time. Subsequently, out of the said land, the petitioner-Union purchased an extent of Ac 5.00 cents of land from the respondents 4 and 5 under an agreement of sale, dated 25.4.1981, for a consideration of Rs. 2,00,000/-. It is not in dispute that the ...
Gurram Vijaya Kumar Vs. Malla Ramachandra Rao Prasad and ors.
Court: Andhra Pradesh
Decided on: Sep-13-2007
Reported in: 2008(1)ALD543; 2008(3)ALT667; IV(2008)BC575
L. Narasimha Reddy, J.1. This appeal is filed against the order and decree in E.A. No. 142 of 2002 in E.P. No. 36 of 2002 in O.S. No. 583 of 1999 on the file of the Court of the Senior Civil Judge, Chodavaram.2. The appeal arises out of execution proceedings initiated by the 1st respondent against respondents 2 and 3. The brief facts, that gave rise to the filing of this appeal, are as under:3. The 1st respondent filed O.S. No. 583 of 1999 against respondents 2 and 3 in the Court of II Senior Civil Judge, Visakhapatnam, for recovery of certain amount. He has also filed an application under Order 38 Rule 5 C.P.C., and obtained an order of attachment before judgment, as regards two houses, bearing Door Nos. 7-63 & 64 of Ward No. 10, Block No. 10; and 7-112 of Ward No. 7, Block No. 10 of V. Madugula, Visakhapatnam District, belonging to the respondents 2 and 3. The suit was decreed on 8.3.2002. After the decree became final, he filed E.P. No. 36 of 2002 and brought the attached properties...
Veerabathini Janardhan Vs. Terala Rajaiah (Since Died) Per Legal Repre ...
Court: Andhra Pradesh
Decided on: Sep-12-2007
Reported in: 2007(6)ALD605; 2008(1)ALT47
ORDERG. Rohini, J.1. This Civil Revision Petition is directed against the order dated 19-4- 2007 in EA. No. 10/2007 in EP. No. 40/2006 in O.S. No. 16/1974 on the file of the Court of the Senior Civil Judge, Jangaon as confirmed on Appeal by order dated 14-8-2007 in CMA. No. 28 of 2007 on the file of the Court of the III-Additional District Judge, Warangal.2. The 1st respondent, T. Rajaiah, during his lifetime filed O.S. No. 16 of 1974 in the Court of the Additional Sub-Judge, Warangal, seeking eviction of the 3rd respondent B. Nuruddin and for recovery of possession of 6 acres of land out of 12.23 acres in Sy. No. 540 of Cheriyal Village, Warangal District. The said suit was dismissed by the trial Court by Judgment dated 27-2-1987. Challenging the same, he filed AS. No. 76 of 1987 in the Court of the Additional District Judge, Warangal, which was also dismissed by Judgment dated 20-8-1992. In the meanwhile, the sole plaintiff Rajaiah died and the 2nd respondent herein was brought on re...
The A.P.S.R.T.C. Rep. by Its Divisional Manager, A.P.S.R.T.C. Vs. Kanc ...
Court: Andhra Pradesh
Decided on: Sep-12-2007
Reported in: 2008ACJ2201; 2008(2)ALD602; 2007(6)ALT627
D.S.R. Varma, J.1. Heard Sri C. Prakash Reddy, learned standing Counsel for the appellant - A.P. State Road Transport Corporation (for brevity 'the Corporation'), learned Counsel for respondent No. 1 - petitioner/claimant and learned standing counsel for respondent No. 4 - New India Assurance Company Limited (insurer).2. Aggrieved by the order and decree, dated 17-04-2001, in O.P. No. 370 of 1996, passed by the Chairman, Motor Accident Claims Tribunal (II Additional District Judge), West Godavari at Eluru (for brevity 'the Tribunal') awarding a sum of Rs. 60,000/- towards compensation as against the claim of Rs. 1,00,000/-, for the injuries sustained by the petitioner therein in a motor accident that occurred on 21-05-1995 while proceeding on his cycle, opposite to Dharmajigudem Police Station, due to the rash and negligent driving on the part of driver of the bus, bearing registration No. AP 16 3092, belonging to the third respondent herein, which was hired by the Corporation and insu...
Yenamadala Venkatalakshmi Vs. Achanta Posamma (Died) and ors.
Court: Andhra Pradesh
Decided on: Sep-12-2007
Reported in: 2008(1)ALD533
P.S. Narayana, J.1. The appellant, the second defendant in O.S. No. 107 of 1980 on the file of Subordinate Judge, Rajahmundry and the second appellant in A.S. No. 16 of 1991 on the file of I Additional District Judge, East Godavari, Rajahmundry, being aggrieved of the decrees and judgments made by both the Courts decreeing the suit declaring the title of the plaintiffs 2 to 4 in relation to the plaint schedule property and granting perpetual injunction as prayed for, had preferred the present second appeal.2. The second appeal was dismissed for default against R-8, R-10, R-11 and R-12. The substantial questions of law, which had been pointed out by the learned Counsel representing the appellant, are as hereunder:(i) Whether a suit for declaration is maintainable after 24 years, after execution of deed of settlement seeking a finding annulling such settlement deed?(ii) Whether in respect of the property given in Pasupukumkuma to a daughter at the time of marriage can be recovered back w...
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