Andhra Pradesh Court September 2007 Judgments
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Kurnool Chit Funds (Petitioner) Ltd. by Its Managing Director S. Venka ...
Court: Andhra Pradesh
Decided on: Sep-07-2007
Reported in: AIR2008AP38; 2008(1)ALD574; 2008(1)ALT795; III(2008)BC575
G. Yethirajulu, J.1. This second appeal is preferred by the plaintiff in O.S. No. 638 of 1989 on the file of the II Additional District Munsif, Kurnool. The suit was filed by the plaintiff for recovery of Rs. 13,935/- with interest and costs against the defendants 1 to 4. The amount relates to a chit transaction. The 1st defendant joined as a member of the chit group of Rs. 40,000/- agreeing to subscribe Rs. 1,000/- per month for a period of 40 months and, thus, he executed an agreement on 23-12-1985. D1 became the successful bidder in the 19th auction held on 27-9-1987 agreeing to forego a sum of Rs. 7,420/-.2. The defendants 2 and 3 and V. Lakshman Raju stood as sureties for payment of future installments by D1. The said Lakshman Raju died on 17-4-1988 leaving D3 and D4 as his legal representatives of his estate in their hands. The 1st defendant received a chit amount of Rs. 32,580/- on 27-10-1987 from the plaintiff and he was due to pay a sum of Rs. 20,000/- as on the date of the ch...
United India Insurance Co. Ltd. Vs. Sri Vana Kamayya and ors.
Court: Andhra Pradesh
Decided on: Sep-07-2007
Reported in: 2008ACJ1447; 2008(1)ALD399; 2007(6)ALT231
G. Yethirajulu, J.1. This Civil Miscellaneous Appeal has been preferred by the insurance company in O.P. No. 196 of 1994 on the file of the Chairman, Motor Accident Claims Tribunal-I Additional District Judge, Visakhaptnam.2. The respondents 1 to 6 are the claimants. The appeal in respect of the respondents 3 to 6 is dismissed for default on 19-02-2002.3. The said O.P. was filed by the respondents 1 to 6 claiming Rs. 3,00,000/- towards compensation on account of death of one Vamsi Krishnaveni in a motor accident occurred on 25.04.1993. The deceased was travelling as a pillion rider on the scooter bearing No. AIV-4015, which belongs to the first respondent in the O.P. The first respondent while driving the scooter in high speed was unable to control the scooter and applied sudden brakes. On account of that, the deceased fell down, received severe injuries on the head and died instantaneously. The third respondent is the owner of the scooter. He gave it to the first respondent at his req...
B.H.C. Agro (India) Pvt. Ltd. Vs. Director of Horticulture, Government ...
Court: Andhra Pradesh
Decided on: Sep-07-2007
Reported in: 2007(6)ALT327
Ramesh Ranganathan, J.1. Arbitration Application No. 49 of 2007 is filed by M/s BHC Agro (India) Pvt. Ltd., under Section 11 of the Arbitration and Conciliation Act, 1996, against the Director of Horticulture and the Principal Secretary, Agriculture and Co-operative Department, Government of A.P, for appointment of Hon'ble Smt. Justice S.V. Maruthi (Retired) as an arbitrator on behalf of the Applicant, to appoint a competent arbitrator on behalf of the Respondent and to direct both the arbitrators to elect the third arbitrator to act as an umpire as per Clause 9 of the Agreement.2. The Applicant, a company incorporated under the Companies Act, 1956, claims to be affiliated with persons and entities located in Israel and the United States of America, including Beit Hashita, (a Kibbutz-Cooperative organization), which possess and are willing to make available, through the Applicant, know-how in the field of agricultural development, training and implementation of Israeli technology in la...
S. Gaffar Saheb Vs. S. HussaIn Bee @ S. Mustari and ors.
Court: Andhra Pradesh
Decided on: Sep-07-2007
Reported in: 2007(6)ALT614
ORDERA. Gopal Reddy, J.1. This revision petition is filed under Article 227 of the Constitution of India by the plaintiff questioning the order passed by the II Additional District Judge, Madanapalle dt.20-9-2006 in CFR No. 8349/2006 returning the plaint directing the plaintiff to pay court-fee under Section 34(1) of A.P. Court Fees and Suits Valuation Act, 1956 (for short 'the Act') by granting one month time.2. The plaint averments would go to show that Abdul Razak and his wife Fathima Bee had only one daughter, Hussain Bee, who is the wife of the plaintiff. The first defendant is the husband (sic. wife) of the plaintiff. They are blessed with one son, Kareemullah. The first defendant along with her son Kareemullah were living at Madanapalle separately due to instigation of the second defendant. During the life time Shaik Abdul Razak and his wife Fathima Bee, the maternal grand parents of Kareemullah, gifted the plaint schedule properties to Kareemullah. Thus, he became the absolute ...
Pattem Suryaprakash Rao Vs. V. Amarender Rao
Court: Andhra Pradesh
Decided on: Sep-07-2007
Reported in: 2008(1)ALD438
ORDERC.Y. Somayajulu, J.1. This petition is filed to punish the respondent for contempt of Court, for violating the order of this Court dated 8.2.2005 in WPMP No. 2333 of 2005 in WP No. 23156 of 2004.2. Petitioner filed WP No. 23156 of 2004 questioning the order dated 6.12.2004 of the Reserve Bank of India cancelling the licence of the Prudential Co-operative Bank Limited (for short - 'the Bank') under Section 22 of the Banking Regulation Act and the consequential order passed by the Registrar of the Co-operative Societies in appointing the respondent as the liquidator of the Bank. During the pendency of the said writ petition, the Bank, with the permission of the State Government, introduced a Scheme of One Time Settlement (OTS Scheme). Questioning introduction of the said OTS Scheme, petitioner filed WPMP No. 2333 of 2005 in WP No. 23156 of 2004 and sought the suspension of the said OTS Scheme. By the order dated 8.2.2005 interim suspension of the OTS Scheme was granted by this Court...
Akkineni Venkata Ranga Rao Vs. Kollipara Sai Subrahmanyam
Court: Andhra Pradesh
Decided on: Sep-07-2007
Reported in: 2008(1)ALT466
B. Seshasayana Reddy, J.1. This second appeal is directed against the judgment and decree, dated 12-4-2006, passed in A.S. No. 26 of 2005 on the file of the Additional Senior Civil Judge (Fast Track Court), at Gudivada, whereby and whereunder the learned Additional Senior Civil Judge dismissed the appeal with costs filed by the appellant/1st defendant and confirmed the judgment and decree dated 29-8-2005 passed in O.S. No. 596 of 1999 on the file of the Principal Junior Civil Judge. Gudivada.2. The appellant is to first defendant and whereas the respondent is the first plaintiff in O.S. No. 596 of 1999. One Lakshmi Narasamma was the owner of a terraced house bearing Door No. 12/31 with Assessment No. 12110 situated at 12th Ward, Gudivada, Gudivada Sub-Registry, Krishna District. The total extent of the site in which the house situates is 261 sq. yards. The first defendant Akkineni Venkata Ranga Rao took the premises on lease on 14-4-1979 for a period of two years on a monthly rent of R...
Sreemanthula Kesavachari (Died) Per L.R. Sreemanthula Rajeswaramma Vs. ...
Court: Andhra Pradesh
Decided on: Sep-06-2007
Reported in: AIR2008AP74; 2007(6)ALD796; 2008(1)ALT1
ORDERG. Yethirajulu, J.1. This Revision Petition filed by the petitioner in E.P.No.21 of 2003 on the file of the learned Junior Civil Judge, Venkatagiri.2. The petitioner's husband by name Kesavachari filed O.S.No.46 of 1996 against the first respondent for recovery of the amount and the suit was decreed in favour of Kesavachari. After the decree of the suit, Kesavachari died and his L.Rs filed E.P.No.21 of 2003 for realization of the amount under Order 21 Rule 51 of C.P.C. by way of attachment of the property and to bring the property for sale for realization of the E.P. amount. The Court ordered attachment and notice and posted the E.P. on 21-04-2003. Subsequently, the respondents made their appearance in the E.P. and filed a counter by contending that earlier, the L.Rs of Kesavachari filed E.P.No.81 of 1995 and the same was dismissed for want of succession certificate. The petitioner did not challenge the orders of dismissal of E.P.No.81 of 1995 and the order became final. The petit...
Khan Abdul Gaffar Khan Memorial Educational Society, Rep. by Its Gener ...
Court: Andhra Pradesh
Decided on: Sep-06-2007
Reported in: 2007(6)ALD709; 2007(6)ALT16
L. Narasimha Reddy, J.1. An internal dispute among the members of a Society, registered under the A.P. Societies Registration Act (for short 'the Act'), has given rise to this writ petition. Khan Abdul Gaffar Khan Memorial Educational Society (for short 'the Society) was registered on 28-12-1990, vide registration No.284/1990. It had established some educational institutions. The Society mostly comprised of members, belonging to Muslim community. Over a period of time, non-muslims, including one, Ch.Anji Reddy, the 2nd respondent, were admitted as members. The 2nd respondent had assumed the role of Correspondent of the Society and became part of management. At a subsequent stage, the Society, represented by the founder President, Mr.Syed Akram Mohiuddin Ahmed, had convened a General Body Meeting, on 05-04-2006, and resolved inter alia, to remove some of the members, including the 2nd respondent. Having done so, they have forwarded the copy of the resolution to the Registrar of Societie...
Union of India (Uoi), Rep. by Its Secretary, Ministry of Defence Vs. D ...
Court: Andhra Pradesh
Decided on: Sep-06-2007
Reported in: 2007(6)ALD571
G. Yethirajulu, J.1. This Second Appeal has been preferred by the defendant in O.S.No.1707 of 1988 on the file of I Assistant Judge, City Civil Court, Secunderabad.2. The plaintiff filed the suit for declaring his date of birth as 28.06.1946 and for mandatory injunction directing the defendant to correct the date of birth in his service records and implement the same for all service purposes.3. The plaintiff contended that he was born on 28.06.1946, which was duly recorded in the school records by his parents at Government Central Primary-cum- Middle School, Hanmakonda. After passing 8th class, while getting admission into 9th class in Government Multi-purpose High School, Hanmakonda, the date of birth was wrongly recorded as 17.02.1943 by the school authorities. After passing HSC examination, steps were taken by the plaintiff for getting the date of birth corrected. Later, the plaintiff joined in the Army on 17.12.1966 and during the training period, the mistake committed in the 9th c...
E. Vijayachandra Reddy Vs. Dr. Prasad and ors.
Court: Andhra Pradesh
Decided on: Sep-06-2007
Reported in: 2008(2)ALD553; 2007(6)ALT339
ORDERT. Ch. Suryarao, J. 1. Inasmuch as these revision petitions are directed against a common judgment dated 05-06-2006 passed by the learned Chief Judge, City Small Causes Court, Hyderabad, in B.A. Nos. 214, 215 and 216 of 2003, they can be disposed of together.2. The unsuccessful landlord is the revision petitioner. He filed R.C.C. Nos. 122, 124 and 125 of 2000 against the respondents herein seeking eviction. He is now seeking to assail the concurrent findings of both the fora.3. The facts lie in a narrow compass. The demised premises bearing Nos. 3-4-468/6 and 2A, 3-4-468/3 and 3-4-468/5 situate at Lingampally, Barkatpura, Hyderabad, were owned originally by Smt. R. Radha Datar. She let out those premises under an oral lease to Dr. A. Prasad, M/s. Prabhu Stores represented by M. Visweshwara Rao and Mr. G. Nagaiah the respondents in the above referred eviction petitions respectively. The quantum of rent agreed upon by them was Rs. 400/-, Rs. 300/- and Rs. 300/- respectively, exclusi...
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