Andhra Pradesh Court February 2008 Judgments
Ainala Kumar and ors. Vs. Pulakanti Narsi Reddy and ors.
Court: Andhra Pradesh
Decided on: Feb-29-2008
Reported in: 2008(3)ALD686; 2008(3)ALT671
ORDERC.Y. Somayajulu, J.1. Respondents 1 to 3 filed the suit seeking a decree of perpetual injunction restraining the respondents 4 to 6 from interfering with their possession over the plaint schedule property.2. While the suit is pending, revision petitioners alleging that they entered into an agreement to purchase the plaint schedule property from respondents 1 to 3 with a power of attorney, filed a petition to implead themselves as parties to the suit, which was dismissed by the order under revision on the ground that the suit being one for injunction simplicitor question of impleading a party to the suit docs not arise, observing that if the revision petitioners have any grievance against respondents 1 to 3, they can seek their remedy by filing a suit for declaration of their title and for other reliefs. Hence, this revision.3. The contention of the learned Counsel for the revision petitioners is that in view of the ratio in B. Basheer Khan v. Syed Sharee : 2006(3)ALD651 and Kesari...
Tag this Judgment!Depot Manager, Apsrtc Vs. D. Narayana and anr.
Court: Andhra Pradesh
Decided on: Feb-29-2008
Reported in: 2008(4)ALD682; 2008(5)ALT26
ORDERNooty Ramamohana Rao, J.1. This writ petition has been instituted by the Depot Manager, Andhra Pradesh State Road Transport Corporation, Medak Depot - a State-owned Transport Corporation, questioning the correctness and validity of the award dated 10th January 1997 passed by the Labour Court, Hyderabad in Industrial Dispute No. 105 of 1995.2. I.D. No. 105 of 1995 has been raised by the 1st respondent, who was working as a Conductor with the Corporation, questioning the validity of the action of the Corporation in removing him from service, by an order dated 5th August 1995. It is alleged that while the 1st respondent was conducting the bus plying between Medak and Sangareddy on 1st February 1995, it has been subjected to a check in between stages Nos. 6 and 7. It has been found that the 1st respondent-Conductor had not issued tickets to three passengers, who have boarded the bus at stage No. 6, though he had collected the requisite fare of Rs. 1.50 from them. He has been alleged t...
Tag this Judgment!Union of India (Uoi) Vs. Konduru Venkata Reddy
Court: Andhra Pradesh
Decided on: Feb-29-2008
Reported in: 2009ACJ1765; AIR2008AP211; 2008(5)ALD272; 2008(5)ALT172
1. All these matters arising out of the claim at the instance of legal heirs of the deceased who died in an untoward incident while travelling in a passenger train are referred to this Court by a learned Single Judge of this Court for being answered on a common question as to 'whether the claimants would be entitled to interest on the amount determined by the Railway Claims Tribunal from the date of the application.'2. For consideration of the aforesaid question, the background, in short, of all the cases giving rise to such claim is taken up from one of the appeals, i.e., CMA No. 3491 of 2002.3. The first applicant is the wife of the deceased and applicant Nos. 2 to 5 are their children. They filed an application being OAA No. 104 of 1998 claiming compensation of Rs. 4,00,000/- on account of death of the deceased, by name, Sri K. Saraiah. The Railway Claims Tribunal, after conducting regular enquiry, allowed the said application, awarding compensation of Rs. 4,00,000/-, with specific ...
Tag this Judgment!Pamula Pitchaiah Vs. the Government of A.P. Rep. by Chief Secretary an ...
Court: Andhra Pradesh
Decided on: Feb-28-2008
Reported in: 2008(1)ALD(Cri)793; 2008(3)ALT243; 2008(2)ALT(Cri)361
ORDERL. Narasimha Reddy, J.1. The petitioner seeks a writ of Habeas Corpus, in relation to an order of detention, dated 17.12.2007, passed by the 2nd respondent and approved by the 1st respondent vide their orders in G.O.Rt. No. 297, General Administration (Law & Order-II) Department, dated 17.01.2008, in respect of Pamula Srinu, son of the petitioner.2. The petitioner and his son, the detenue, are eking out their livelihood by cultivating small extents of land in Ramalaxmipuram Village, Kodad Mandal, Nalgonda District. The order of detention was passed by the 2nd respondent in exercise of powers under Section 3(1) & (2) read with Section 2(a) & (b) of the Andhra Pradesh Prevention of Dangerous Activities of Boot Leggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (for short 'the Act'), alleging that the detenue was indulging in the activities of boot legging and manufacture and supply of illicit liquor. The order of detention is assailed on...
Tag this Judgment!Devendra Sahu Vs. the Presiding Officer, Industrial Tribunal-cum-labou ...
Court: Andhra Pradesh
Decided on: Feb-28-2008
Reported in: 2008(4)ALD114; 2008(4)ALT413; (2008)IIILLJ466AP
ORDERNooty Ramamohana Rao, J.1. This writ petition has been instituted calling in question the award passed by the Industrial Tribunal-cum-Labour Court, Visakhapatnam in I.D. No. 8 of 1993 on 29th January 1997.2. The writ petitioner invoked the mechanism available under Section 10 of the Industrial Disputes Act, 1947 and got raised the dispute relating to the termination of his services, for adjudication before the Labour Court. It is the case of the writ petitioner that he was engaged as a Peon of the Civil Engineering Department of the respondent-Visakhapatnam Port Trust, he has been selected as a casual unskilled labour and appointed as such with effect from 5th December 1978. He has been brought under the regular establishment of the Civil Engineering Department of the Port Trust with effect from 5th June 1980 and while he was working as such, his services came to be suddenly and abruptly terminated by order dated 27th March 1982. The order of termination of employment of the petit...
Tag this Judgment!The National Insurance Company Limited Rep. by Its Divisional Manager ...
Court: Andhra Pradesh
Decided on: Feb-28-2008
Reported in: 2009ACJ88; 2008(4)ALT521
T. Ch. Surya Rao, J.1. The insurer is the appellant, which seeks to assail the award, dated 12- 12-2005, passed by the learned Motor Accidents Claims Tribunal-cum-V Additional District & Sessions Judge (Fast Track Court) Ongole in O.P. No. 204 of 2003 on the premise that it has no liability to pay the compensation and at any rate the direction of the Tribunal that the appellant should pay in the first instance and recover the same later from the owner is not tenable and valid.2. The first respondent herein is the injured claimant. He preferred the claim for compensation of Rs. 2,00,000/- for the injuries suffered by him in the accident that allegedly occurred on 6/7-9-2002 at about midnight when he was sitting on the motorcycle bearing No. AP 27 F 6550 as a pillion rider, owned by the second respondent herein and insured with the appellant-insurer, being driven by his friend one Jangala Sudheer, at high speed and when the motorcycle reached Ramnagar 10th line, on account of a rikshaw c...
Tag this Judgment!Jogi Satyanarayanaramma Vs. Kodi Vijaya Lakshmi and ors.
Court: Andhra Pradesh
Decided on: Feb-28-2008
Reported in: 2008(3)ALD1; 2008(2)ALT343
ORDERG. Chandraiah, J.1. Heard both the counsel.2. Aggrieved by the order passed by the Election Tribunal (Junior Civil Judge) Palkol in holding that it has no jurisdiction to entertain the election petition filed under Section 233 of the Act for the alleged disqualification suffered by returned candidate under Section 19(3) of the Act and that the District Court alone has jurisdiction to entertain the election petition and that the election petitioner has not complied with the procedure under Section 22 of the Act, the present revision is filed.3. From the material on record it could be seen that the revision petitioner filed E.O.P. No. 4/2006 on the file of Election Tribunal (Junior Civil Judge) Palkol under Section 233 of the A.P. Panchayat Raj Act, 1994 (for short 'the Act') alleging that the 1st respondent who was elected to the post of Sarpanch of Sagamcheruvu Gram Panchayat suffers disqualification under Section 19(3) of the said Act as she has four children by the date of nomin...
Tag this Judgment!Seethala Nagamali Nancharaiah @ Bulli Babu S/O. Venkata Suryanarayana ...
Court: Andhra Pradesh
Decided on: Feb-28-2008
Reported in: 2008(1)ALD(Cri)765; 2008(2)ALT(Cri)143
L. Narasimha Reddy, J.1. The appellant was tried by the Court of VII Additional District & Sessions Judge (Fast Track Court), Vijayawada, in Sessions Case No. 134 of 2004 on the charge that he committed murder of one Jakka Venkateswara Rao at 9 p.m. on 05.06.2003. Through its judgment dated 06.01.2006, the trial Court held the appellant guilty of the offence punishable under Section 302 of the Indian Penal Code (IPC). Sentence of imprisonment for life and fine of Rs. 10,000/- was imposed. Hence, this appeal.2. The deceased was the tenant in respect of non-residential premises at Vijayawada. The owner thereof was one T. Satyanarayana. After his death, the ownership devolved upon his daughter-in-law by name Nagamani, the sister of the appellant. Proceedings were pending under the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 between the landlord and the tenant, for eviction from the premises.3. The prosecution alleged that on 05.06.2003, the appellant went to the premises i...
Tag this Judgment!Telladala Ramakrishna Vs. Narayana Rangaiahgari Choultry and ors.
Court: Andhra Pradesh
Decided on: Feb-28-2008
Reported in: 2008(6)ALD713
ORDERP.S. Narayana, J.1. Telladala Ramakrishna, the writ petitioner, filed W.P. No. 15921 of 2005 praying for a writ of mandamus declaring action of the respondents in issuing re-auction notice, dated 12.7.2005, fixing the date of auction of the leasehold rights on 22.7.2005 in respect of agricultural lands totally admeasuring Ac.33-95 cents covered by Sy. Nos. 113/1, 114,15671, 152/2, 166/11,158, 168 of Madduru Village, Chapadu Mandal, kadapa District, as illegal, arbitrary, unjust and violative of principles of natural justice and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently set aside the same by directing the respondents to issue proceedings of lease for a period of three years from the date of putting the petitioner in possession, by evicting the tenants in occupation of the first respondent by due process of law, pursuant to the auction of leasehold rights on 18.10.2004 for an amount of Rs. 14,67,000/- collected from the petitioner and pass ...
Tag this Judgment!Sri Bhavana Rushi Cooperative Housing Building Society Ltd. Rep. by It ...
Court: Andhra Pradesh
Decided on: Feb-27-2008
Reported in: 2008(3)ALD629; 2008(4)ALT126
V. Eswaraiah, J.1. The petitioner, Co-operative House Building Society, questions the revisional order passed by the Joint Collector, Ranga Reddy District, in dismissing the revision petition filed by the petitioner in case No. D5/8857/98, dated 06-12-1999 and the appellate order of the Revenue Divisional Officer, East-Division, Ranga Reddy District, dated 11-11-1998 vide order No. A2/1279/1998, in setting aside the orders of the Mandal Revenue Officer, Keesara Mandal, dated 22-07-1991 in ROR/410/91, regularizing the agreement of sale, said to have been executed by the respondents 5 and 6 in favour of the petitioner.2. The brief facts of the case are that the Mandal Revenue Officer, the 3rd respondent, vide his proceedings dated 22-7-1991, regularised the alleged unregistered document, purchasing an extent of Ac.12.17 guntas in Sy. No. 414 of Nagaram Village, by the petitioner, from the 5th respondent; in exercise of powers conferred under him, under Section 5-A of A.P. Rights in Land ...
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