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Andhra Pradesh Court November 2008 Judgments

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Nov 13 2008

Mohd. Javeed S/O Mohd. Afzal Vs. Union of India (Uoi) (Ministry of Sur ...

Court: Andhra Pradesh

Decided on: Nov-13-2008

Reported in: 2009(1)ALT507

ORDERN.V. Ramana, J. 1. The petitioner states that he purchased light motor vehicle (Innova 2.5), a product of M/s. Toyota Kirloskar Motors Pvt. Ltd. From M/s. Dobro Toyota, chasis number of the vehicle is MBJ11JB4 007072937/01/07. The vehicle was given Temporary Registration No. AP 09 CHT/R 4288 on 05.03.2007 and Temporary Registration Certificate also. While so, the vehicle met with an accident on 06.05.2007, in respect of which, the petitioner lodged a report before the Police Station, Shamshabad. The vehicle, through the dealer was shifted to the company's workshop, who informed the petitioner that the chasis of the vehicle has been completely damaged and has to be replaced with a new one. Accordingly, the chasis of the vehicle was replaced with a new chasis bearing No. MBJ11JV 4007089266-060, while the old chasis was scrapped. After fulfilling all the formalities with the financier and the insurance company, the petitioner approached the 3rd respondent, namely the Secretary, Regio...


Nov 13 2008

industrial Development Bank of India Limited, a Government Banking Com ...

Court: Andhra Pradesh

Decided on: Nov-13-2008

Reported in: 2009(1)ALT287

ORDERN.V. Ramana, J.1. The petitioner, namely the Industrial Development Bank of India Limited (IDBI), which is a company registered under the provisions of the Companies Act, 1956, represented by its Deputy General Manager, has filed this writ petition praying for the following relief:2. To issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 6th respondent in issuing notice in proceedings No. B/1045/2007, dated 10.12.2007 informing the petitioner that instructions have been issued by the 3rd respondent in Lr. No. LC1/16308/2007, dated 30.11.2007 to resume an extent of Ac.10.00 guntas of land in Sy. No. 91 under the possession of the petitioner and subsequent resumption of alleged unutilized land to the extent of Ac.10.00 guntas in Sy. No. 91 so as to enable him to allot in favour of Commissioner and Inspector General, Registration & Stamps, Andhra Pradesh, Hyderabad as arbitrary, illegal, perverse and violat...


Nov 13 2008

Mahendra Investment Advisors Pvt. Ltd. and ors. Vs. Md. Abdul Asad Ale ...

Court: Andhra Pradesh

Decided on: Nov-13-2008

Reported in: 2009(2)ALT516

ORDERP.S. Narayana, J.1. Heard Ms. Manjiri S. Ganu, learned Counsel representing the petitioners and Mr. Mohd. Shafiuddin, learned Counsel representing Mr. J. Prabhakar, counsel for the contesting respondents.2. The civil revision petition is filed as against the order made in I.A. No. 644 of 2008 in O.S. No. 588 of 2006 on the file of the II Additional District Judge, Ranga Reddy District at L.B. Nagar. The petitioners as plaintiffs filed the said suit O.S. No. 588 of 2006 praying for the relief of specific performance of the agreement of sale. The said application I.A. No. 644 of 2008 in O.S. No. 588 of 2006 aforesaid was filed by the petitioners-plaintiffs under Section 65 of the Indian Evidence Act, 1872 (hereinafter for short would be referred to as 'the Act' for the purpose of convenience) praying for reception and admit all the documents specified in the application as secondary evidence. The procedure of serving notice for production of the originals had been followed. The lear...


Nov 13 2008

Panorama Enterprises and anr. Vs. Tirumala Tirupati Devasthanams and a ...

Court: Andhra Pradesh

Decided on: Nov-13-2008

Reported in: 2009(1)ALT468

ORDERL. Narasimha Reddy, J.1. Certain conditions incorporated in the tender documents issued by Tirumala Tirupati Devasthanams, while inviting tenders for award of contract of house keeping and sanitation works in some of its establishments, arise for consideration, in these writ petitions.2. The Devasthanam issued a tender notification in April 2008, inviting tenders for award of contracts for maintenance and sanitation works in various establishments in Tirupati and Tirumala. According to the notification, tender documents would be furnished only to such of the agencies, which give a power-point presentation, as to their performance. Petitioner in W.P. No. 13081 of 2008 gave its power-point presentation, and accordingly it was supplied with tender document, vide letter dated 5.5.2008, of the Chief Engineer of the Devasthanam. The dates of opening of tenders were also furnished. The procedure comprised of technical and financial bids. The former were to be opened on 20.5.2008 and the ...


Nov 12 2008

Sri Mallidi Tirupayyagari Venkata Reddy, Co-operative Rural Bank Ltd. ...

Court: Andhra Pradesh

Decided on: Nov-12-2008

Reported in: 2009(6)ALT672

ORDERL. Narasimha Reddy, J.1. Large number of irregularities were noticed in the functioning of Sri Mallidi Tirupayyagari Vankata Reddy Co-operative Rural Bank Limited, East-Godavari District (for short 'the Society'). Inquiry under Section 51 of the Andhra Pradesh Cooperative Societies Act, 1964 (for short 'the Act') was ordered by the Deputy Registrar of Co-operative Societies, Amalapuram, East-Godavari District. A report was submitted by the Inquiry Officer on 6-10-2003. It was pointed out that the Ex-President, Secretary and Members of the Society are responsible for large-scale defalcation of its funds, in one form or the other.2. The Society as well as the concerned authorities of the department have decided to initiate proceedings under Section 60 of the Act. However, by that time, the Secretary of the Society died. A doubt was entertained as to whether it is permissible to initiate surcharge proceedings against the legal representatives of the deceased-employee. In view of this...


Nov 12 2008

Land Acquisition Officer (Sdc) Vs. Y. Vijaya Kumar and ors.

Court: Andhra Pradesh

Decided on: Nov-12-2008

Reported in: 2010(1)ALT371

L. Narasimha Reddy, J.1. These four revision petitions are filed by the Land Acquisition Officer (Special Deputy Collector), Somasila Project, Rajampet. He feels aggrieved by the individual orders, passed by the Court of Senior Civil Judge, Rajampet, in applications filed under Section 151 of the C.P.C. in four different suits. The respondents 1 and 2 are the plaintiff and defendant in the respective suits, and except that the persons and amounts are different, the nature of pleadings and steps involved are identical. Reference to one of them would be, to others also.2. The 1st respondent filed the suit against the 2nd respondent for recovery of certain amount. Along with the suit, he filed an application under Order 38 Rule 5 C.P.C., with a prayer to cause attachment before judgment, of amount, which is said to have been awarded in favour of the 1st respondent, by the petitioner herein, in an award under the Land Acquisition Act (for short 'the Act'). An order was passed, directing at...


Nov 11 2008

Ch. Ranga Reddy and ors. Vs. M. Suryanarayana Reddy and ors.

Court: Andhra Pradesh

Decided on: Nov-11-2008

Reported in: 2009(1)ALT209

ORDERG. Rohini, J.1. This Civil Revision Petition is directed against the order dated. 14-08-2008 in E.P. No. 32 of 2003 in O.S. No. 32 of 1985 on the file of the Court of the Junior Civil Judge, Penukonda.2. The revision petitioners are the Judgment Debtors 1 to 6, 9 and 11 to14 whereas the 1st respondent herein is the Decree Holder in O.S. No. 32 of 1985. The respondents 2 to 4 herein are the Judgment Debtors 7, 8 and 9.3. The facts in brief are as under:The 1st respondent herein filed O.S. No. 32 of 1985 for declaration of his right of easement to go through the cart track in Sy.Nos.6-2, 6-1, 5-1, 5-2, 2 and 4-1 of Vemuletipalli village shown as A, B, C, D, E in the sketch appended to the plaint. The plaintiff also sought a direction for restoration of the said cart track by the defendants and if they fail to do so, to restore the same through the Court at the cost of the defendants. 4. The defendants in their written statement denied the existence of any cart track. It was also cla...


Nov 11 2008

Smt. Srigiri Padma and ors. Vs. District Collector and ors.

Court: Andhra Pradesh

Decided on: Nov-11-2008

Reported in: 2009(1)ALT478

ORDERL. Narasimha Reddy, J.1. The petitioners in W.P. Nos. 17094 and 17095 of 2008 were elected as President and Vice-President respectively of the Thimmapur Mandal Parishad, Karimnagar District in the year 2006. They are said to have assumed office on 22.07.2006.2. Ten Members of the Mandal Parishad submitted separate notices, dated 22.07.2008, in Form-II of the Rules published in G.O.Ms. No. 200, dated 28.04.1998 (for short 'the Rules'), to the Revenue Divisional Officer, Karimnagar, with a prayer to convene meeting of the Mandal Parishad to take up the motion of no confidence against the President and Vice President of the Mandal Parishad. Acting on the requisitions, the Revenue Divisional Officer issued notice, dated 24.07.2008, in Form-V of the Rules proposing to convene the meeting of the Mandal Parishad on 18.08.2008, to consider the motion of no confidence against the President and Vice President. The motion of no confidence against both of them was carried and consequential or...


Nov 11 2008

Sadula Narsimha and anr. Vs. Sadula Tulasi Das and ors.

Court: Andhra Pradesh

Decided on: Nov-11-2008

Reported in: 2009(2)ALT119

ORDERGopala Krishna Tamada, J.1. This revision is directed against the order dated 26.10.2007, passed in C.F.R. No. 3902 of 2007 on the file of the Court of the District Judge, Mahabubnagar, whereby the learned District Judge refused to entertain the appeal filed by the petitioners under Section 96 of the Code of Civil Procedure, 1908 (CPC), seeking to set aside the decree and judgment dated 01.09.1996 passed in O.S. No. 4 of 1996 on the file of the Court of the Junior Civil Judge, Shadnagar.2. Before adverting to the question involved in this revision, it is necessary to notice the factual matrix obtaining herein. The father of the respondents herein, by name Rangaiah, instituted O.S. No. 4 of 1996 before the learned Junior Civil Judge at Shadnagar against the father of petitioners herein, by name Saddula Narayana, for recovery of possession of the suit property. As the said Narayana did not contest the suit, he was set exparte and thereafter, an exparte decree was passed on 01.09.199...


Nov 11 2008

Erlapati Veera Lakshmi Vs. Guda Haritha Rani

Court: Andhra Pradesh

Decided on: Nov-11-2008

Reported in: 2009(5)ALT449

L. Narasimha Reddy, J.1. Elections to the Tallapudi Gram Panchayat were held on 02-08-2006. The office of Sarpanch of that Gram Panchayat is reserved in favour of Scheduled Caste Woman. The petitioner, the respondent, and eight others filed nominations, for that office. While the petitioner secured 1502 votes, the respondent got 1154 votes. The petitioner was declared elected.2. The respondent filed O.P. No. 860 of 2006 in the Court of Principal District Judge, West-Godavari at Eluru, under Section 22 of the A.P. Panchayat Raj Act, 1994 (for short 'the Act'), with a prayer to declare that the election of the petitioner herein is illegal, arbitrary and contrary to law, and to consequently direct that, she (respondent) is elected as the Sarpanch. It was pleaded that the petitioner had resorted to corrupt practices, and that she incurred disqualification, under Section 19(3) of the Act, since her 4th and 5th children were born on 03-06-1995 and 10-08-1996, respectively.3. The petitioner f...


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