Andhra Pradesh Court November 2008 Judgments
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Safi Naaz Vs. Government of A.P. Rep. by Principal Secretary to Home ( ...
Court: Andhra Pradesh
Decided on: Nov-25-2008
Reported in: AIR2009AP496
ORDERL. Narasimha Reddy, J.1. The petitioner was married to the third respondent. Disputes arose between them and the petitioner submitted a complaint to the police alleging offences under Sections 498A and 406 IPC and 4 and 6 of the Dowry Prohibition Act. Alleging that the Station House Officer did not take any action on the complaint, the petitioner filed a complaint under Section 200 of the Criminal Procedure Code (for short 'the Code') in the court of XXII Metropolitan Magistrate-cum Mahila Court, Hyderabad. The trial court directed the Police to enquire into the matter. A final report was filed stating that the complaint discloses a mistake of fact. Not being satisfied with the final report, the trial court took up the trial in C.C. No. 309 of 1995. Ultimately, through judgment, dated 19.2.2001, the trial court acquitted the third respondent.2. The Additional Public Prosecutor in the High Court presented an appeal against the judgment in C.C. No. 309 of 1995, even while forwarding...
Polavarapu Hanumantha Rao Vs. Polavarapu Siva Parvathi and ors.
Court: Andhra Pradesh
Decided on: Nov-25-2008
Reported in: AIR2009AP98
Vilas V. Afzulpurkar, J.1. The appellant in CMA No. 2733 of 1998 is the husband. His wife and children are petitioners in CRP No. 3140 of 1999. Both the matters are disposed of by this common judgment.2. While the appeal is directed against the order dated 28.8.1996 passed by the Court in IA No. 1926 of 1995 granting maintenance to the wife and children, the revision petition is filed against the order dated 8.4.1999 dismissing EP No. 39 of 1997 filed by the wife and children for arrest and detention of the husband in civil prison for non-compliance with the order in IA No. 1926 of 1995. There is no challenge to the dismissal of the OP which was passed along with the order in IA No. 1926 of 1995. Since the order in IA No. 1926 of 1995 is challenged by the husband in CMA No. 2733 of 1998, the decision in that appeal would govern the decision in the revision.3. For better appreciation, the facts with regard to CMA No. 2733 of 1998 are as follows.The appellant-husband filed OP No. 132 of ...
Ch. Veerabhadreswara Rao and ors. Vs. Govt. of A.P. Rep. by Its Princi ...
Court: Andhra Pradesh
Decided on: Nov-24-2008
Reported in: 2009(1)ALT42
D.S.R. Varma, J.1. Heard Sri A.V. Sesha Sai, learned Counsel appearing for the appellants, learned Government Pleader for Industries, appearing for the first and third respondents and Smt. Bobba Vijayalakshmi, learned Counsel appearing for the fourth respondent-Co-operative Society.2. This Writ Appeal is directed against the order, dated 02-09-2008, passed by a learned single Judge of this Court, dismissing the writ petition W.P. No. 22958 of 2007.3. Appellants are petitioners and respondents are respondents in the writ petition.4. For the sake of convenience, in this judgment, the parties will be referred to as per their array in the writ petition.5. The first petitioner is a member of the fourth respondent Society; whereas the other petitioners are its employees. On the basis of a complaint made by the President of the Society, the Commissioner and Director of Handlooms and Textiles, Andhra Pradesh, Hyderabad, the second respondent herein, ordered statutory enquiry, under Section 51 ...
Sri Durga Malleswara Swamy Varla Devasthanam and anr. Vs. Bathula Jaya ...
Court: Andhra Pradesh
Decided on: Nov-24-2008
Reported in: 2009(1)ALT82
D.S.R. Varma, J.1. Though the matter is listed under the caption 'for Admission', with consent of both parties, the main Writ Appeal is taken up for hearing, along with main Writ Petition, and they are being disposed of by this common judgment.2. This Writ Appeal is directed against the order, dated 25.04.2008, passed by a learned single Judge of this Court, dismissing the application W.V.M.P. No. 298 of 2008 in W.P. No. 26677 of 2007, seeking to vacate the interim order, dated 13.12.2007, in W.P. No. 26677 of 2007, wherein and whereby the the second respondent therein was directed not to allot the vacant Shop No. 4, Ghat Road Complex of the second respondent-Devasthanam, and making the said interim order absolute.3. Appellant is the second respondent, the first respondent herein is the petitioner and the second and third respondents are the first and third respondents, respectively, in the said writ petition.4. For the sake of convenience, in this Writ Appeal, the parties will be refe...
M. Venkat Rao Vs. Union of India (Uoi) Rep. by G.M., South Central Rai ...
Court: Andhra Pradesh
Decided on: Nov-21-2008
Reported in: 2009(1)ALT126
ORDERNooty Ramamohana Rao, J.1. This is an Application taken out, under Sub-section (6) of Section 11 of the Arbitration and Conciliation Act, 1996 read with Para 2(b) of the Scheme framed for appointment of Arbitrators, by the petitioner, who entered into an agreement with the Indian Railways, on 6th May 1992, for carrying out supply and leading of ballast.2. It is the case of the petitioner that in spite of completion of the entire work, his claims for payment and return of security deposit have not been attended to and hence, he has made a claim for referring the dispute to arbitration. It is not in dispute that the contract has provided for the mechanism of redressal of the disputes that have cropped up between the parties by way of reference to arbitration.3. Upon notice in the above matter, the respondents have filed their counter. They have taken the plea that the claim is belated and is barred by limitation. Apart from that, it was further pointed out that the arbitration agree...
Chennupati Satyanarayana Vs. Mundru Venkateswarlu, Died,
Court: Andhra Pradesh
Decided on: Nov-21-2008
Reported in: [2008]145CompCas483(AP)
Vilas V. Afzulpurkar, J.1. This is a plaintiffs appeal against the dismissal of suit for specific performance of an agreement of sale-Ex.A1 dated 17.11.1984. The trial Court, while declining to grant specific relief sought for by the plaintiff, has decreed the suit to the extent of refund of advance amount with interest. Since the relief of specific performance was denied to the plaintiff, the present appeal is filed. The parties will be referred to as they are arrayed in the suit.2. Brief facts. The defendants 1 and 2, who are father and son, are owners of the suit schedule property which consists of two items of agricultural land. The plaintiff alleges that in the suit schedule property mango and cashew nut gardens were existing. The defendants offered to sell the suit schedule property admeasuring Ac. 10-45 cents at the rate of Rs. l1,200/- per acre and out of total sale consideration of Rs. l,17,040/-, an amount of Rs. l4,000/- was paid by the plaintiff as advance on the date of ag...
Siva Krishna Wines and ors. Vs. Commissioner of Prohibition and Excise ...
Court: Andhra Pradesh
Decided on: Nov-21-2008
Reported in: 2009(2)ALT31
ORDERV.V.S. Rao, J.Background of the cases1. In this batch of writ petitions, petitioners were granted licence in Form IL-24 for the year 2004-2005 under Andhra Pradesh Indian Liquor and Foreign Liquor Rules, 1970 (hereafter called, the Rules) and provisions of Andhra Pradesh Excise Act, 1968 (for brevity, Excise Act). When licences were granted, shops were situated in villages at some distance from municipality governed by Andhra Pradesh Municipalities Act, 1965 (Municipalities Act, for brevity). Some time in 2004, when licences were in force, places where shops were licensed to sell Indian liquor came into belt of 5 KMs from periphery of Municipal Corporations governed by Andhra Pradesh Municipal Corporations Act, 1955 (hereafter called, Corporations Act). Therefore, concerned licensing authority issued notices demanding differential licence fee for the period during which the area or place where the shop is licensed came within Corporation peripheral area. Such notices were issued p...
Godavarthi Krishna Murthy Vs. Diveela Sesharatnam
Court: Andhra Pradesh
Decided on: Nov-21-2008
Reported in: 2009(6)ALT116
ORDERP.S. Narayana, J.1. Heard Sri T. Jagadish, learned Counsel representing the revision petitioner and Sri N.A. Ramachandra Murthy, learned Counsel representing respondent.2. The civil revision petition is filed under Section 115 of the Code of Civil Procedure (hereinafter in short referred to as 'the Code' for the purpose of convenience) challenging the order made in C.M.A. No. 51 of 2007 on the file of VII Additional District Judge, Ongole, dated 27.8.2007, confirming the order made in I.A. No. 348 of 2003 in O.S. No. 37 of 2003 dated 01.5.2007 on the file of the Senior Civil Judge, Chirala, whereunder an application praying for condonation of delay in filing an application to set aside the ex parte decree had been dismissed.3. Sri T. Jagadish, learned Counsel representing the revision petitioner filed an application C.R.P.M.P. No. 6925 of 2008 praying for permission to convert the present civil revision petition as having been filed as against an order dated 01.5.2007 made in I.A....
United India Insurance Co. Ltd. Rep. by Its Branch Officer, Kamareddy ...
Court: Andhra Pradesh
Decided on: Nov-21-2008
Reported in: 2009(3)ALT459
S. Ashok Kumar, J.1. Aggrieved over the quantum of compensation awarded by the learned Chairman, Motor Accidents Claims Tribunal-cum-Additional District Judge, at Nizamabad in O.P. No. 748 of 1998 on 19th April, 2002, this appeal has been filed by the appellant-Insurance Company.2. The appellant herein is the Insurance Company and respondents 1 and 2 herein are the claimant and the owner of the tractor trailer respectively before the tribunal. The status of the parties will hereinafter be referred to as arrayed before the Tribunal for the sake of convenience.3. The claimant is the injured who has filed a claim petition before the tribunal seeking a compensation of Rs. 1,50,000/-.4. The brief facts of the case are as follows:On 13-2-1998, while the claimant was proceeding towards Kamareddy from Machareddy on his TVS Champ Moped bearing No. AP-23-A-1889 and when he reached the outskirts of Laxmi Ravulapally village on Sircilla - Kamareddy B.T. Road at about 4.15 p.m., one tractor bearing...
Divisional Manager, National Insurance Co. Ltd. Vs. Smt. Mahamooda and ...
Court: Andhra Pradesh
Decided on: Nov-20-2008
Reported in: 2009(3)ALT682
S. Ashok Kumar, J.1. Aggrieved over the order passed by the learned Chairman-cum-Additional District Judge, Hindupur in O.P. No. 4 of 1998 on 4th November, 1999, this appeal is filed by the appellant-Insurance Company.2. Appellant herein is 2nd respondent the Insurance Company and 4th respondent herein is the driver of the lorry and respondents 1 to 3 herein, who are the wife and sons of the deceased by name T. Abdul Rahim (hereinafter referred to as the deceased), are the claimants. The status of the parties will hereinafter be referred to as arrayed before the Tribunal for the sake of convenience.3. The claimants filed a claim petition seeking compensation of Rs. 5 lakhs towards compensation to be paid by the respondents jointly and severally for the death of the deceased in the motor accident.4. The brief facts of the case are as follows:On 15-5-1997 while the deceased was transporting mangoes in a lorry bearing No. A.P.02-V-2725 from Bangalore to Hyderabad and while the lorry was p...
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