Andhra Pradesh Court October 2008 Judgments

Government of Andhra Pradesh Rep. by Its Principal Secretary to Govern ...

Court: Andhra Pradesh

Reported in: 2009(1)ALT513

ORDERGhulam Mohammed, J.1. This writ petition is filed seeking to quash the order dated 04-03-2008 passed in O.A. No. 3368 of 2005 along with M.A. No. 516 of 2008 on the file of Andhra Pradesh Administrative Tribunal, Hyderabad.2. The respondents herein are the applicants in the above O.A. and they seek to challenge the punishment of reduction in time scale of pay by two stages for a period of two years, imposed vide D.O. No. 1393/ No. L&O;/B1/254/95, dated 26-05-2003, which was confirmed in appeal and revision. The substance of the charge against the respondents - police constables is that while on beat duty, they have stopped a lorry to collect mamools in the name of entry fee and on seeing the vehicle of Assistant Commissioner of Police, both of them ran away from the spot. On enquiry with the lorry driver, cleaner and wood contractor, it was revealed that the police constables have demanded mamool terming it as 'entry fee' from the lorry driver. The Assistant Commissioner of Police...

Sudheer Vs. Esi Corporation Ltd.

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

D. Appa Rao, President: Oral: 1. The unsuccessful complainant is the appellant. 2. The case of the complainants in brief is that himself and his family members were covered by ESI Scheme vide Ex. A1 ESI card. While so, his mother Smt. CH. Radha suddenly fell ill. She had severe vomiting and pain in stomach. She was admitted in ESI Hospital at Sanathnagar on 1.5.2006. She was given treatment for four days by administering glucose, etc. They diagnosed that she was suffering from Uretei Collie (L) Renal Caluli and referred her to Urology Department of Osmania Hospital, Hyderabad by discharging her on 4.5.2006 vide Ex. A2. 3. When he took her to Osmania General Hospital they refused to admit her. As he has no other alternative, he admitted her in a private hospital by name Pramila Hospital at Basheerbagh, Hyderabad. The doctors at the hospital opined that it was an emergency case, and had to perform an operation. They conducted the operation on 5.5.2006 and discharged her on 8.5.2006. Alto...

Podugu Appa Rao (Died) and ors. Vs. Grandhi Sathiraju (Died) and ors.

Court: Andhra Pradesh

Reported in: 2009(2)ALT15

ORDERVilas V. Afzulpurkar, J.1. This revision is preferred by the legal representatives of the tenant against the orders in RCA No. 4 of 2001 on the file of the Appellate Authority (Senior Civil Judge), Vizianagaram, dated 16.4.2005. The parties are being referred to as 'the landlord' and 'the tenant'.2. The landlord filed RCC 10 of 1996 seeking eviction of the tenant on the ground of wilful default, bona fide personal requirement, committing acts of waste affecting the value and utility of the building and sub-letting the premises. The learned Rent Controller negatived the grounds of bona fide personal requirement, wilful default and sub-letting the premises pleaded by the landlord, but upheld the ground of acts of waste affecting the value and utility of the building and ordered eviction of the tenant. In appeal by the tenant before the lower appellate court challenging the finding of the learned Rent Controller to the extent of acts of waste affecting the value and utility of the bu...

Kolli Satyanarayana Vs. Valluripalli Kesava Rao Chowdary and ors.

Court: Andhra Pradesh

Reported in: 2009(3)ALT610

A. Gopal Reddy, J.1. This appeal under Clause 15 of the Letters Patent is filed against the judgment of the learned single Judge of this Court dated 24-09-1998 passed in A.S. No. 145 of 1998 reversing the decree granted for specific performance of contract agreement by the Principal Subordinate Judge, Saroornagar, R.R. District in O.S. No. 139 of 1984 dated 29-04-1988.2. For the sake of convenience the parties are referred to as arrayed in the court below.3. The undisputed facts in nutshell are as under:The respondent/defendant herein purchased plot No. 7 in block-A admeasuring 1730 square yards under a registered sale deed dated 04-06-1967 from the Cooperative Housing Society (Shantinagar) Limited, later the name of the Society was changed as Kakatiyanagar Cooperative Housing Society. Out of the said plot purchased by her, an extent of 723 square yards situated on the western side along with the house marked as plot No. 7-A was sold away to Dr. Indra Mohan. The appellant/plaintiff her...

State Government Gazetted Officers Co-operative House Building Society ...

Court: Andhra Pradesh

Reported in: AIR2009AP53; 2009(5)ALT130

ORDERL. Narasimha Reddy, J.1. Elections to the Managing Committee of the petitioner-society were held on 06.02.2008 and a committee was elected. The 2nd respondent filed E.O.P. No. 2 of 2008 before the A.P. Co-operative Tribunal, Visakhapatnam, under Section 62(4) of the A.P. Co-operative Societies Act (for short 'the Act'). During the pendency of the O.P., he filed I.A. No. 95 of 2008 under Section 151 of C.P.C., with a prayer to restrain the general body of the society from taking or implementing any policy decision. The application was opposed by the petitioner. Through its order, dated 30.08.2008, the Tribunal allowed the I.A. The same is challenged in this writ petition.2. Smt. Bobba Vijaya Lakshmi, learned Counsel for the petitioner submits that the I.A. filed by the 2nd respondent is totally outside the scope of the Tribunal under Section 62 of the Act. She contends that while the challenge is to the election of the Managing Committee, the 2nd respondent sought to cripple the fu...

Golla Jayamma and ors. Vs. District Collector and ors.

Court: Andhra Pradesh

Reported in: 2009(2)ALT344

L. Narasimha Reddy, J.1. The subject matter of these three writ petitions is identical. Hence, they are disposed of through a common judgment.2. Elections to the Narayanapuram Gram Panchayat were held on 06.07.2006. The petitioners in these writ petitions were declared elected as Members of Ward Nos. 1, 6 and 2 respectively. The persons arrayed as respondents No. 2 in each of the writ petitions (for short 'the respondents') filed O.P. Nos. 2, 5 and 3 respectively before the Election Tribunal-cum-Junior Civil Judge, Alampur, challenging the election of the petitioners. The common ground urged in all the election petitions is that the petitioners herein have given birth to third child after expiry of one year from 30.05.1994, on which date the Andhra Pradesh Panchayat Raj Act, 1994 (for short 'the Act'), came into force. The petitioners denied the allegations. They have also raised objection as to the jurisdiction of the Tribunal to decide the said issue. Through separate but similar jud...

Suraj Tiwari Vs. Spice Jet Ltd. and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

D. Appa Rao, President: Oral: 1. Having heard the learned Counsel for the appellant, and on perusing the record, we are of the opinion that the matter can be disposed of at the stage of admission itself. 2. This is an appeal preferred by the unsuccessful complainant against the order of the Dist. Forum-III, Hyderabad in dismissing his complaint. 3. The case of the complainant in brief is that he went to Kolkata on 7.7.2007 and on completion of his work he intended to return to Hyderabad by flight No. SG 527 of respondents herein on 8.7.2007. The schedule departure was at 2.40 p.m. While so, as there was heavy rain, he reached the airport at 2.10 p.m. with a late of five minutes. He requested the respondents staff to allow him to board the flight, however, they denied the boarding pass. The staff of the respondents unnecessarily picked up quarrel till 2.20 p.m. In spite of his request they did not accede and finally endorsed on the ticket Reached reporting at 2.20 p.m. Though he reached...

Smt. N. Chandra Shobha Vs. N. Vimala Prasad

Court: Andhra Pradesh

Reported in: 2009(3)ALT47

Vilas V. Afzulpurkar, J.1. Both these appeals are preferred by the wife under Section 19 of the Family Court Act against the common order passed by the learned Judge, Family Court, Hyderabad in OP Nos. 13 of 1998 and 259 of 1998, dated 20.8.2001. The appellant is the wife and the respondent is the husband in both these appeals and they are being referred to as 'the wife' and 'the husband'. OP No. 13 of 1998 was filed under Section 9 of the Hindu Marriage Act, 1955 (for short 'the Act') by the husband on 5.1.1998 seeking restitution of conjugal rights, whereas OP No. 259 of 1998 was filed by the wife on 3.4.1998 seeking divorce on the ground of cruelty. Both the said OPs were tried together and by common order, while OP for restitution of conjugal rights was allowed, the divorce OP was dismissed. Hence the wife has assailed the said common order in both these appeals.2. We have heard Sri R. Satyanarayana Reddy, learned Counsel for the appellant-wife and Sri Ch. Dhanamjaya, learned Couns...

K. Sudha Rani Vs. G.F.K. Saradamma

Court: Andhra Pradesh

Reported in: 2009(15)ALT515

P.S. Narayana, J.1. The following substantial questions of law had been pointed out by Ms. K. Lalitha, the teamed Counsel representing the appellant and the same read as hereunder:(i) Whether a suit for perpetual injunction arises on the agreement of sale Ex.A.2 dated 5-7-1980 without filing a suit for specific performance of the agreement of sale.(ii) Whether a suit for perpetual injunction can be decreed when the execution of the agreement of sale is denied as forged without first filing a suit for specific performance of the agreement of sale and obtain a sale deed for the same.(iii) Whether a decree for perpetual injunction can be decreed when the agreement of sale is incapable of being enforced in a Court of law by reasons of the same being time barred in view of Article 54 of the Schedule of Limitation Act 1963 read with Sections 27 and 3(1) of the said Act.(iv) Whether a suit for perpetual injunction can be filed when the agreement of sale Ex.A.2 cannot be executed by late Sanka...

Malladi Laxminarayana Vs. the District Collector and ors.

Court: Andhra Pradesh

Reported in: 2009(1)ALT618

L. Narasimha Reddy, J 1. The petitioner is the owner of an extent of Ac.8.32 1/2 cents in Sy. No. 61 and 63 of Kanuru Village of Penamalur Mandal, Krishna District. He got the same in a family partition between himself and his brother, which took place on 27-09- 1957, through a registered partition deed.2. The A.P. Industrial Infrastructure Corporation (for short 'the Corporation') intended to establish an Automobile Workshop at Kanuru Village, near Vijayawada. At the request of the Corporation, the District Collector, Krishna, the 1st respondent, published notification under Section 4(1) of the Land Acquisition Act, 1894 (for short 'the Act') in the A.P. Gazette, on 24-04-1995, proposing to acquire about 150 acres of land in various survey numbers, including the land of the petitioner. The enquiry under Section 5-A of the Act was dispensed with, and declaration under Section 6 of the Act, was published on 28-04-1995. The notifications under Sections 4(1) and 6 of the Act were also pub...