Andhra Pradesh Court January 2008 Judgments
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Ganta Jermaiah Vs. V. Paul Himamsu and ors.
Court: Andhra Pradesh
Decided on: Jan-23-2008
Reported in: 2008(2)ALD464; 2008(3)ALT655; 2008(3)ARBLR433(AP)
ORDERV.V.S. Rao, J.1. This application is filed praying for appointment of arbitrator under Section 11(6)(c) of Arbitration and Conciliation Act, 1996 (Arbitration Act, for brevity) and under Section 23 of A.P. Societies Registration Act, 2001 (2001 Societies Act, for brevity).2. M/s. G.R.K. Ratnam Memorial Educational Society is registered under the Societies Registration Act, 1860 (1860 Societies Act, for brevity). The applicant and respondents 2, 5, 6, 7 and 8 are founder members of the said society and they established educational institutions in Telugu and English Mediums mainly for the welfare of minorities and weaker sections, which is the main objective of the society. An executive committee (EC) comprising Rudrapati Samuel John as President; V. Sahu as Vice-President; fifth respondent as Secretary-cum-Correspondent; R. Vijayamani as Joint Secretary; second respondent as Treasurer and respondents 6, 7 and 8 as members was constituted. By 2001, statedly significant progress was ...
Rudraraju Siva Rama Raju Vs. Collector and ors.
Court: Andhra Pradesh
Decided on: Jan-22-2008
Reported in: 2008(4)ALD8; 2008(2)ALT134
P.S. Narayana, J.1. The matter is coming up for admission. Heard the learned Counsel for the writ petitioner and also the learned Assistant Government Pleader for Irrigation.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 would maintain that inasmuch as there is contravention of Rule 30 of the Rules specified in the affidavit filed in support of the Writ Petition, the Writ Petition is perfectly maintainable.3. On the contrary, the learned Assistant Government Pleader for Irrigation had taken this Court through the Rules 148 and 149 of A.P. Farmers Management of Irrigation Systems (Conduct of Elections) Rules, 2003, hereinafter in short referred to as the Rules for the purpose of convenience, and would maintain that in the light of the same, any violation of the Rule also can be complained of only by way of an Election Petition and hence the Writ Petition is not maintainable.4. T...
Siri Chit Fund (P) Ltd. Rep. by Its Foreman Vs. N. Laxma Reddy and ors ...
Court: Andhra Pradesh
Decided on: Jan-22-2008
Reported in: 2008(2)ALD512; 2008(2)ALT573
ORDERL. Narasimha Reddy, J.1. Way back in the year 2001, the petitioner filed O.S. No. 914 of 2001 in the Court of I Additional Senior Civil Judge, Warangal, against the respondents for recovery of a sum of Rs. 1,09,015/-, covered by a chit transaction. Shortly thereafter, the suit became ripe for trial, and on behalf of the petitioner an affidavit, in lieu of chief-examination was filed, by P.W. 1, on 01-08-2002. It was adjourned to 08-08-2002, at the request of the counsel for the respondents for cross-examination. On that day, the witness was not cross-examined, and the suit was adjourned to 14-08-2002. The trial Court dismissed the suit for default on the ground that P.W. 1 did not turn up.2. Petitioner filed I.A. No. 681 of 2002 under Order 9 Rule 9 C.P.C., with a prayer to set aside the order dated 14-08-2002. This I.A. was dismissed on 28-06-2004, on the ground that process was not paid for the respondents. Thereupon the petitioner filed I.A. No. 794 of 2004 under Order 9 Rule 4...
K.S. Krishna Vs. Second Appellate Authority and ors.
Court: Andhra Pradesh
Decided on: Jan-22-2008
Reported in: 2008(3)ALD710
ORDERC.Y. Somayajulu, J.1. Petitioner while working as a Resident Representative of the 3rd respondent Company at Hyderabad from 1978 onwards was promoted as a Senior Representative in 1983 and Sales Officer in the year 1987 and was designated as Marketing Officer with effect from 1.4.1990. Vide proceedings dated 20.8.1993, he was directed to report at Calcutta Branch of the 3rd respondent before 30.8.1993, but he without reporting at Calcutta had applied for leave on medical grounds and made a representation to the Managing Director of the 3rd respondent to continue him at Hyderabad and challenged the order of his transfer by filing O.S. No. 3264 of 1993 in the Court of 9th Assistant Judge, City Civil Court, Hyderabad. For the reason of the petitioner not reporting for duty that the Calcutta Office of the 3rd respondent terminated him from service vide proceedings dated 18.3.1994. So, petitioner filed a petition under Section 47 of the A.P. Shops and Establishments Act (the Act), clai...
Namala Govindu Vs. B. Lakshmanna and anr.
Court: Andhra Pradesh
Decided on: Jan-21-2008
Reported in: 2008(2)ALD472
ORDERT. Ch. Surya Rao, J.1. The instant revision petition is directed against the order dated 28.9.2007 passed by the learned Principal Junior Civil Judge, Adoni, in I.A. No. 1392 of 2007 in O.S. No. 291 of 2004. The unsuccessful petitioner is the revision petitioner herein. The petitioner is the plaintiff who filed the suit O.S. No. 291 of 2004 for the relief of foreclosure. Respondents herein are the defendants therein and the respondents in I.A. No. 1392 of 2007. They are resisting the suit and the suit is in the process of trial. At that stage the plaintiff seeks to file the petition I.A. No. 1392 of 2007 seeking relief of the Court to amend the plaint by adding the relief of possession. That application was resisted by the respondents and under the impugned order the learned Judge on the premise that there was laches on the part of the petitioner in having filed the application at a belated stage and that the proposed amendment would change the entire nature of the suit; was not i...
G. Kishan Reddy and Five ors. Vs. the Hyderabad Metropolitan Water Sup ...
Court: Andhra Pradesh
Decided on: Jan-18-2008
Reported in: 2008(2)ALD394; 2008(2)ALT162
ORDERC.V. Nagarjuna Reddy, J.INTRODUCTION: 1. Petitioner No. 1, a member of Legislative Assembly and a resident of 5th Floor, Moti Apartments, Barkatpura, Hyderabad and petitioners 2 to 6, registered flat owners' welfare societies of Hyderabad are seeking to espouse the cause of the residents of the flats of their respective welfare societies. In this writ petition they have called in question proceedings of respondent No. 1 issued vide B.P. No. 121, Administrative (A) Wing, dated 14.12.2006 to the extent that it has imposed minimum charges for water supply and sewerage facilities upon multi- storied residential building complexes with effect from 1.1.2007, as illegal, arbitrary and unsustainable.THE FACTS:2. Hyderabad Metropolitan Water Supply and Sewerage Board - respondent No. 1 (for short 'the Board') was constituted under the Hyderabad Metropolitan Water Supply and Sewerage Act, 1989 (for short 'the Act'). Its general duties as envisaged by Section 7 of the Act are two fold, namel...
Sri. Qudrat Nawaz Khan (Died) and ors. Vs. the Special Deputy Collecto ...
Court: Andhra Pradesh
Decided on: Jan-18-2008
Reported in: 2008(2)ALD682; 2008(2)ALT774
ORDERV.V.S. Rao, J.1. The writ petition was originally filed by Qudrat Nawaz Khan, S/o.Col. Omar Daraz Khan of Golconda, Hyderabad. During the pendency of these proceedings, he died and his wife and children are brought on record as legal heirs. A writ of Mandamus is sought for direction to respondent to pass an award under Land Acquisition Act, 1894 (the Act, for brevity) for the land admeasuring Acs.24.12 guntas in survey No. 36 (Old) corresponding to new survey Nos. 207, 208 and 209 situated at Makai Darwaza, Golconda, Hyderabad District (hereinafter called, subject land).2. The brief fact of the matter is as follows. The subject land was originally owned by Col.Omar Daraz Khan. In 1950, subject land was acquired by Military. The land owner approached the authorities for compensation, in vain. He died in 1955. General Power of Attorney (GPA) of first petitioner, Abdul Khadar, unsuccessfully pursued the matter from 1958 to 1983 with the authorities for compensation. The GPA died on 2...
D. Swapnalatha Vs. Chief Engineer, (Mechanical), I and Cad (Pw) Depart ...
Court: Andhra Pradesh
Decided on: Jan-18-2008
Reported in: 2008(2)ALD703; 2008(2)ALT65
ORDERD.S.R. Varma, J.1. Heard the learned Counsel appearing for the petitioner and the learned Government Pleader for Services-II, appearing for the respondents.2. This Writ of Certiorari is filed seeking to quash the order, dated 23.08.2007, in M.A. No. 1185 of 2007 in OA No. 1918 of 2005, passed by the A.P. Administrative Tribunal, Hyderabad (for brevity 'the Tribunal'), dismissing the M.A., filed by the petitioner seeking to implead her as the legal representative of her mother, who filed O.A. No. 1918 of 2005.3. The facts, in brief, are as under:The mother of the petitioner filed Original Application O.A. No. 1918 of 2005 before the Tribunal, challenging the order, dated 04.04.2005, passed by respondent No. 4 terminating her from the services on the ground that her appointment on compassionate grounds was illegal. After hearing the matter, on 30.01.2005, the Tribunal had reserved the same and pronounced the order on 17.04.2006, eventually allowing the O.A. The said order of the Tri...
Tangellamudi @ Gollamudi Ramesh, S/O Narasimha Rao and ors. Vs. the St ...
Court: Andhra Pradesh
Decided on: Jan-18-2008
Reported in: 2008(1)ALD(Cri)612; 2008(2)ALT(Cri)129
L. Narasimha Reddy, J.1. Accused Nos. Mo 6 in S.C. No. 151 of 2000 on the file of the V Additional District and Sessions Judge (Fast Track Court), Ongole, are the appellants. They were tried for the offences under Sections 148 and 302 I.P.C., alleging that they committed the murder of one Yeramala Srinivasa Reddy, at about 4:30 p.m., on 19-06-1998, at Ongole. Through its judgment dated 02-11-2005, the trial Court found the accused guilty, and convicted them of the offences, referred to above. Sentence of imprisonment of life, and fine of Rs. 1,000/- each; in default to undergo simple imprisonment for three months, was imposed for the offence under Section 302 I.P.C. In addition, the accused were sentenced to undergo rigorous imprisonment one year for the offence under Section 148 I.P.C. Both the sentences were directed to run concurrently. This appeal is filed by the accused.2. The wife of the deceased, Yeramala Srinivasa Reddy, who was examined as PW-1, submitted a complaint on 19.06....
B.R.G.K.S.V. Educational Society Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Jan-18-2008
Reported in: 2008(2)ALD417; 2008(2)ALT297
ORDERG. Rohini, J.1. The petitioner is a society registered under the Societies Registration Act, 1860. Having proposed to establish a Junior College exclusively for women at Vijayawada, the petitioner-society, submitted a representation, dated 1.1.1991, to the 2nd respondent-Vijayawada Municipal Corporation, requesting to grant lease of the premises of Gandhi Memorial High School for locating the proposed college. Pursuant thereto, a resolution dated 1.2.1991 was passed by the 2nd respondent-Corporation unanimously resolving to grant lease in favour of the petitioner-society for a period of 25 years subject to grant of permission by the Government of Andhra Pradesh. In pursuance thereof, the premises of Gandhi Municipal High School was delivered to the petitioner-society on 21.2.1991. The action of the 2nd respondent-Corporation was approved by the Government vide G.O. Ms. No. 299, MA, dated 29.4.1993, thereby according permission to the 2nd respondent-Corporation to lease out the fir...
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