Andhra Pradesh Court November 2008 Judgments
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Jatti Gurunadha Rao S/O Satya Rao, Chairman, Agricultural Market Commi ...
Court: Andhra Pradesh
Decided on: Nov-19-2008
Reported in: 2009(2)ALT508
ORDERGhulam Mohammed, J. 1. This writ petition is filed seeking to quash the award proceedings in L.A.C. No. 196/03 Cr. No. 140/08 dt. 27.09.2008 on the file of the Lok Adalat (Judicial First Class Magistrate), Jangareddigudem, W.G. District.2. On a report submitted to the JFCM, Jangaredigudem alleging that the petitioner and respondents 4 to 8 entered into the court premises, cut and removed some plants and kept Kanakadurgamma photo and broke coconuts, the same was forwarded to the 2nd respondent, who registered a case in Crime No. 140 of 2008 for offences under Sections 447 and 427 r/w 34 IPC and subsequently, the matter was compromised.3. It is the grievance of the petitioner that the 2nd respondent used undue influence on the petitioner and respondents 4 to 8 and made them to compromise the matter before the Lok Adalat, and that the registration of the crime and compromise were published in local news papers, as a result of which, his reputation in the society and among his relatio...
P. Narsimlu (Died) Per L.Rs. and anr. Vs. Labour Court-ii Rep. by Its ...
Court: Andhra Pradesh
Decided on: Nov-19-2008
Reported in: 2009(5)ALT21
ORDERC.V. Nagarjuna Reddy, J.1. This writ petition is filed for a writ of certiorari to quash award, dated 18.12.1998 passed in I.D. No. 75 of 1994 by respondent No. 1 - Labour Court II, Andhra Pradesh, Hyderabad, insofar as denying petitioner No. 1 (hereinafter referred to as 'the petitioner') back wages and imposing on him the punishment of deferment of two annual increments for a period of two (2) years without cumulative effect.2. Heard Sri A.K. Jayaprakash Rao, learned Counsel for the petitioners and Smt. B.G. Uma Devi, learned Standing Counsel for respondent No. 2.3. The petitioner was a driver of respondent No. 2 - Andhra Pradesh State Road Transport Corporation (for short 'the Corporation'). On 16.01.1993, when he was on duty on the route Zaheerabad to Patancheru driving a bus bearing No. AEX 5477, he has allegedly not stopped the vehicle in spite of observing 100 passengers on the road. The first petitioner was faced with a disciplinary enquiry, wherein a charge sheet was file...
Chirala Veera Raghava Reddy and ors. Vs. Chief Secretary to Government ...
Court: Andhra Pradesh
Decided on: Nov-18-2008
Reported in: 2009(1)ALT436
ORDERL. Narasimha Reddy, J.1. Anaparthy Village of East Godavari District had a Gram Panchayat constituted under the A.P. Panchayat Raj Act, 1994 (for short 'the P.R.Act'). It has grown in size and activity. Therefore, proposals were mooted for upgrading it into Nagar Panchayat. This required the steps of denotification of the Gram Panchayat under Section 3 of the P.R. Act and a consequential notification under Section 2(42a) of the A.P. Municipalities Act, 1965 (for short 'the Act'). While the notification under Section 3 of the P.R. Act draws a curtain on the Gram Panchayat, the notification under Section 2(42a) of the Act would bring into existence, what is known as 'transitional or smaller urban area'. On such notification being published, the consequences provided for under Section 2-A of the Act ensue.2. In respect of Anaparthy Gram Panchayat, a notification under Section 3 of the P.R. Act was published in G.O.Ms. No. 216, dated 07.06.2008. On the same day, the Government in Muni...
Mitta Sankaranna (Died) Per Lrs. Vs. B. Bommayya
Court: Andhra Pradesh
Decided on: Nov-18-2008
Reported in: 2009(2)ALT242
ORDERG. Rohini, J.1. This Civil Revision Petition is directed against the Judgment dated 22-1-2008 in O.S. No. 319 of 2005 on the file of the Court of the Principal Senior Civil Judge, Anantapur, to the extent of the direction that a decree in terms of the Judgment shall be passed on furnishing a succession certificate by the petitioners herein.2. The facts, in brief, are as under:One Mitta Sankaranna filed O.S. No. 319 of 2005 for recovery of Rs. 2,95,971/- allegedly due from the defendant/respondent herein on the basis of three promissory notes dated 8-2-1997, 11-12-1999 and 5-12-2002. The defendant did not choose to appear and he was set ex parte. During the pendency of the suit, the sole plaintiff Mitta Sankaranna died and the petitioners 2 to 4 herein being his legal representatives filed I.A. No. 468 of 2007 to come on record as plaintiffs 2 to 4 and the same was ordered by the Court below on 22-8-2007. Thereafter, the 2nd petitioner herein (2nd plaintiff) wasexamined as P.W. 1 a...
Samala Janaki Ramulu S/O Balaiah Vs. Munigadapa Kanakaiah S/O Sathaiah
Court: Andhra Pradesh
Decided on: Nov-15-2008
Reported in: 2009(1)ALT529
ORDERL. Narasimha Reddy, J. 1. The elections to the Gram Panchayat of Challur Village, Rajapet Mandal, Nalgonda District were held on 02.08.2006. The petitioner and the first respondent filed nominations for Ward No. 10 of the Gram Panchayat. The petitioner raised an objection for the nomination of the first respondent on the ground that he was convicted for an offence, in C.C. No. 587 of 2001 by the Court of the Additional Judicial Magistrate of First Class, Bhongir and was sentenced to pay fine of Rs. 600/-. The nomination of the first respondent was rejected by the Returning Officer, the second respondent herein, on the ground that he was convicted for an offence, in C.C. No. 587 of 2001. The appeal preferred by the first respondent before the third respondent was also dismissed. Thereby, the first respondent was kept out of fray of election and the petitioner was declared as elected.2. The first respondent filed O.P. No. 14 of 2006 before the Principal Junior Civil Judge, Bhongir c...
M.B. Enterprises Vs. S.R.K. Estates Pvt. Ltd.
Court: Andhra Pradesh
Decided on: Nov-15-2008
Reported in: 2009(1)ALT111
ORDERV. Eswaraiah, J.The appellant is the plaintiff, who filed the suit O.S. No. 366 of 2008 on the file of the Chief Judge, City Civil Court, Hyderabad, seeking a decree of declaration that the plaintiff is entitled to continue the management of the hotel business being carried on by him under the name and style of Megacity in premises bearing Municipal No. 3-6-335 to 339, situated at Basheerbagh, Hyderabad, admeasuring 627 Sq.yards till 10-11-2012 or in the alternative a decree for specific performance, directing the defendant to honour Clause 7 of the agreement dated 10-11-2002 and Clause (C)i of the Supplementary agreement 6-9-2004 pertaining to automatic extension of period till 10-11-2012.1. Pending disposal of the suit, the plaintiff also filed I.A. No. 2457 of 2008 under Order XXXIX, Rules 1 and 2 of Code of Civil Procedure for grant of an order of injunction, restraining the respondent from interfering with the business and management of the Megacity hotel in the said premises...
Ch. Manikya Sarma Vs. Rajendra Singh Bhatia
Court: Andhra Pradesh
Decided on: Nov-14-2008
Reported in: 2009(2)ALT424
ORDERVilas V. Afzulpurkar, J.1. This revision is preferred by a landlord who suffered a reversal of an eviction order under the impugned order of the lower appellate Court.2. The brief facts are that the landlord is the owner of premises bearing Nos.15-8-457 and 457/1, situated at Feelkhana, Hyderabad. While premises No. 457/1 is a mulgi (shop), the premises No. 457 is a residential portion located just behind 457/1.3. It is alleged that the respondent-tenant was let out the mulgi initially in April, 1976, and thereafter, residential portion was also let out in August, 1979. While the rent of the mulgi is Rs. 225/- per month, the rent of the rear side residential portion is Rs. 125/- per month. It is alleged that the tenant is irregular in payment of rent and that the tenant stopped carrying on business and kept the mulgi under lock and stopped using the residential portion also and has shifted to Nanded, Maharashtra State, one year back. Since both the premises are under the lock and ...
Ayireddy Lakshmi W/O Satyanarayana and Ayireddy Kamarajugadda Subba La ...
Court: Andhra Pradesh
Decided on: Nov-14-2008
Reported in: 2009(2)ALT194
ORDERA. Gopal Reddy, J.1. The petitioners who are third parties to the proceedings filed E.A. No. 611 of 2007 in E.P No. 692 of 2002 in O.S No. 910 of 1985 pending on the file of the learned I Additional Junior Civil Judge, Kakinada claiming independent rights in the petition schedule property and stating that the respondents - decree holders are not entitled to dispossess them from the petition schedule property in pursuance of the decree which is sought to be executed, to which the decree holders filed a counter affidavit. The learned I Additional Junior Civil Judge by the impugned docket order dated 18-09-2008 dismissed the E.A. holding that in the light of order dated 05-01-2007 passed by this Court in C.R.P. No. 102 of 2007, the petition is not maintainable in law. Questioning the correctness of the same, the present revision is filed.2. Heard the learned Counsel for the petitioners and the learned Counsel for the respondents and perused the order passed by this Court in C.R.P. No...
Serigudem Padmamma Vs. G. Premchand and ors.
Court: Andhra Pradesh
Decided on: Nov-14-2008
Reported in: 2009(2)ALT146
ORDERP.S. Narayana, J.1. Heard Sri P. Narahari Babu, learned Counsel representing the revision petitioner and Sri Prabhakar Peri, learned Counsel representing the first respondent.2. Sri. P Narahari Babu, learned Counsel representing the revision petitioner would maintain that the plaint was returned once and the objections had been complied with and again second time the plaint was returned and questioning the same, the present Civil Revision Petition had been preferred. The counsel also would maintain that in the light of the view expressed by this Court in Amir Ali v. Maneck H. Ghandiali and Ors. : 2008(2)ALT205 , the Civil Revision Petition is maintainable. The counsel also strongly relied on a decision of this Court in Thanamki Prasad v. Guntamadugu Puliamma and Ors. : 2005(4)ALD247 , and would maintain that in the light of the view expressed by the learned Judge in the said decision, suitable directions may be given to number the suit. The counsel also would further explain that ...
Viqarunnissa Begum [Died] and ors. Vs. Municipal Corporation of Hydera ...
Court: Andhra Pradesh
Decided on: Nov-14-2008
Reported in: 2009(2)ALT652
T. Meena Kumari, J.1. The Municipal Corporation filed an application n in SAMP No. 1773 of 2008 under Order 41 Rule 27 read with Section 151 of CPC praying to receive true copy of a Lay out approved by Municipal Corporation of Hyderabad dated 6-12-1979 as additional document in the above S.A. No. 78 of 2008.2. When the matter came up for hearing, leaned counsel for the plaintiffs as well as the Special Government Pleader for Advocate General appearing on behalf of the Corporation have agreed to dispose of the Second Appeals at the time of admission. Hence, these appeals aretaken up together for disposal along with the above SAMP.SAMP No. 1773 of 20083. The Commissioner and Special Officer, Greater Hyderabad Municipal Corporation, Hyderabad filed an affidavit in the above application and it is that in the suit filed by the plaintiff, they filed written statement specifically contending that the plaintiffs are claiming ownership and possession in respect of an area to an extent of 1836 s...
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