Andhra Pradesh Court February 2008 Judgments
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Railway Physically Handicapped, Self Employee (Std/isd/Pco, Booths Ope ...
Court: Andhra Pradesh
Decided on: Feb-15-2008
Reported in: 2008(3)ALD357; 2008(4)ALT47
ORDERP.S. Narayana, J.1. This Court issued rule nisi on 07.02.2008.At the request of the learned Counsel on record, though the matter is coming up under the caption 'Interlocutory', it is being disposed of finally.2. The writ petition is filed for issuance of writ of mandamus declaring the action of the respondents in revising the commission to 100% from the existing commission of 10%, as illegal, arbitrary and violative of Article 21 of the Constitution of India, and to set aside the letter bearing No. B/C/14/STD-PCO Booths/2005-2006, dated .11.2007, and consequently to direct the respondents to continue the existing commission of 10% to the petitioner association and to pass such other suitable orders.3. Sri. B.P. Raju, learned Counsel representing the writ petitioner had taken this Court through the contents of the affidavit filed in support of the writ petition and would maintain that the action, which had been impugned, is totally arbitrary and illegal and the same is violative of...
V.K. Engg. Constructions, a Partnership Firm Rep. by Managing Partner, ...
Court: Andhra Pradesh
Decided on: Feb-15-2008
Reported in: 2008(4)ALD43; 2008(4)ALT397
ORDERRamesh Ranganathan, J.1. In this application, filed under Section 11 of the Arbitration and Conciliation Act, 1996, (Act No. 26 of 2006), the applicant seeks appointment of an arbitrator to pass an award in respect of disputes and differences which arose out of the agreement dated 1.9.1999 relating to the construction of bridge No. 4 at K.M. 178/6-8 Chennai-Kumbakonam-Thanjavur Road for Highways and rural works department, Government of Tamilnadu.2. The applicant, a partnership firm having its office at Hyderabad, entered into an agreement with the 1st respondent on 1.9.1999, for construction of the aforesaid work, pursuant to a letter of acceptance dated 9.6.1999 received from the 2nd respondent at Hyderabad. The work was completed on 30.4.2001 and was opened to road traffic. The maintenance period was also completed on 25.6.2003. During execution of the work, certain additional items were executed under the orders of the respondents. The applicant submitted a final bill for Rs. ...
Tatikonda Sadashiv Vs. the Special Commissioner, Land Revenue and ors.
Court: Andhra Pradesh
Decided on: Feb-15-2008
Reported in: 2008(3)ALD788; 2008(3)ALT547
ORDERL. Narasimha Reddy, J.1. The ancestors of the petitioner purchased an extent of about Ac.33.00 in various surveys numbers in Chirrakunta village of Asifabad Mandal, Adilabad District, some time during 1932. In the family partition, which is said to have taken place in the year 1954-55, about Ac.11.00 of that land fell to the share of the petitioner. In addition to that, he has succeeded to some more extents of land in other survey numbers, from his father and wife, who are said to have purchased the same from the tribals about 40 years ago.2. Proceedings were initiated by the Special Deputy Collector, Tribal Welfare, Hyderabad, against the petitioner under the provisions of the Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959 (for short, 'the Regulation') alleging that transfer of the lands in survey Nos. 248 and 260, admeasuring Ac.22.00 in his favour from the tribals, is illegal. He was required to submit an explanation, as to why, he shall not be ejected from the l...
M.D. Nyamathulla Vs. A. Chitharanjan Reddy
Court: Andhra Pradesh
Decided on: Feb-15-2008
Reported in: AIR2008AP141; 2008(3)ALD303; 2008(3)ALT153
B. Seshasayana Reddy, J.1. This matter is listed before us on the order of reference made by learned single Judge as to 'Whether an instrument to be a promissory note, requires a recital which conjunctively incorporates a promise to pay not only a certain person, but also to the order of a certain person and to the bearer of the instrument, as well'.2. Apparently, the learned single Judge referred the matter to the Division Bench doubting the correctness of the decision rendered by another learned single Judge of this Court in Kotla Sudheer Kumar v. Mallavarapu Jojayya @ Jojaiah Chowdary 2002 (2) ALD 715 as to the reading of the proposition of law laid down by the Full Bench in Bolisetti Bhavannarayana @ Venkata Bhavannarayana v. Kommuri Vullakki Cloth Merchant Firm, Tenali and Ors. 1996 (2) ALD 424 (FB).3. Before answering the reference, we deem it appropriate to refer the facts of the case, in brief, which led to the reference:A.Chitharanjan Reddy, the respondent herein, filed O.S. N...
Korada Vindhya Vs. Visakhapatnam Urban Development Authority and anr.
Court: Andhra Pradesh
Decided on: Feb-15-2008
Reported in: 2008(3)ALD716; 2008(3)ALT270
ORDERC.Y. Somayajulu, J.1. The petitioner, who participated in public auction held on 03-08-2004 by the Visakhapatnam Urban Development Authority (first respondent) for sale of plots in T.S. No. 442/P of Kothapeta South Ward Cattle Shed Layout, Vizianagaram Town, became the highest bidder in respect of plot No. 13 by offering the highest amount of Rs. 1,990/- per square yard. When the petitioner received letter dated 05-07-2004 in R.C. No. 2426/02/F1 informing her that bid amount offered for plot No. 13 is not accepted and hence D.D submitted by her for Rs. 10,000/- with the application is returned therewith, the petitioner filed this petition questioning the said proceedings received by her.2. In the counter-affidavit filed on behalf of the first respondent and also the auction committee-second respondent, the Secretary of the first respondent stated that in the earlier auction that was conducted on 29-02-2004 where Sri K.S.S. Srinivas Rao, who figured as the highest bidder for Rs. 4,...
Kuli Srinivasa Rao Vs. Vaidana Gram Panchayat Rep. by Its Sarpanch and ...
Court: Andhra Pradesh
Decided on: Feb-15-2008
Reported in: 2008(3)ALD550; 2008(4)ALT187
ORDERC.Y. Somayajulu, J.1. This writ petition is filed questioning the action of the first respondent-Gram Panchayat in constructing a bus shelter on the Western side of the main road near the hotel being run by the petitioner.2. The case of the petitioner is that he, an unemployed graduate, purchased Ac.0.40 cents of land abutting R&B; road on the Western side under a register sale deed by mortgaging his agricultural land and started a small hotel in the year 2001 and is eking out his livelihood from the income of the hotel. Though there is a bus shelter abutting the R&B; road on the Eastern side from 10 years, some persons having considerable political power in the village, and who did not like his starting hotel business, with an intention to cause loss to him asked the Sarpanch to construct a bus shelter opposite to the hotel being run by him and so the bus shelter is being constructed there, which would block his ingress and egress to the hotel, and thereby causing loss to his bus...
Kosanam Satish Kumar Vs. Andhra Pradesh State Financial Corporation
Court: Andhra Pradesh
Decided on: Feb-15-2008
Reported in: AIR2008AP224; 2008(4)ALD767
ORDERC.Y. Somayajulu, J.1. This petition is filed questioning the action of the first respondent-A.P. State Financial Corporation (Corporation) in publishing a notice proposing to auction the property of the petitioner given as collateral security for the amount due to it from the principal debtor.2. The case of the petitioner is that he and one Bairi Sadaiah together established M/s. Bhagyalaxmi Mini Modern Rice Mill at a cost of about Rs. 4.5 lakhs after securing a loan of Rs. 2,36,500/- from the respondent-Corporation, but the respondent-Corporation released only Rs. 1,12,840/- towards the first instalment and did not sanction the second and final instalments and so he and his partner had obtained a loan elsewhere, completed the construction and installation of the Mill and paid an amount of Rs. 90,000/- towards loan amount to the respondent-Corporation and as disputes cropped between him and his partner Sadaiah, he filed a suit in the Court of II Additional Senior Civil Judge, Wara...
A.P. State Financial Corpn. Vs. Magna Hard Tempt Ltd. (In Liquidation)
Court: Andhra Pradesh
Decided on: Feb-15-2008
Reported in: [2008]146CompCas254(AP); [2008]86SCL238(AP)
ORDERRamesh Ranganathan, J.1. This application is filed by the A.P. State Financial Corporation to permit them to appropriate Rs. 50 lakhs, deposited in Andhra Bank pursuant to the orders of this Court in C.A. No. 1680 of 2004, subject to enforcement of the dues of the workmen by the Official Liquidator.C.A. No. 1680 of 2004 was filed by the Applicant-Corporation seeking confirmation of the sale of the land and buildings, mortgaged in favour of the Applicant- Corporation by the company in liquidation, for Rs. 50 lakhs. Both the Applicant and the A.P.I.D.C. held first charge over the properties of the company in liquidation. This Court, by order in C.A. No. 1680 of 2004, directed that the amounts, realized on the sale of the lands and buildings, be kept in interest bearing deposits and that distribution of the proceeds would be subject to further orders of Court. The applicant finalized the highest bidder, deposited the amount realized on the sale of lands and buildings of Rs. 50 lakhs ...
Kasaram Jayamma and anr. Vs. Jajala Lakshmamma and ors.
Court: Andhra Pradesh
Decided on: Feb-14-2008
Reported in: 2008(3)ALD657; 2008(3)ALT104
G. Rohini, J.1. This Letters Patent Appeal is preferred against the Judgment dated 17.3.1997 in A.S. No. 1243 of 1993, whereunder the Judgment and preliminary decree for partition granted in O.S. No. 108 of 1985 on the file of the Court of the Subordinate Judge, Srikalahasti, was confirmed by the learned Single Judge. The Respondents 1 to 5 herein are the plaintiffs, who filed O.S. No. 38 of 1980 in the Court of the Subordinate Judge, Tirupati, (subsequently transferred to the Court of Subordinate Judge, Srikalahasti, and renumbered as O.S. No. 108 of 1985), seeking a decree for partition of suit schedule properties into 24 equal shares and for allotting seven shares to them. The suit was decreed by the trial Court by Judgment dated 26.3.1993. Challenging the said Judgment and preliminary decree, the defendants 4 and 5 alone preferred A.S. No. 1243 of 1993 before this Court which was dismissed by Judgment dated 17.3.1997. Hence, this Letters Patent Appeal by the defendants 4 & 5.2. The...
State of A.P. Vs. Madala Venkata Narasimha Rao
Court: Andhra Pradesh
Decided on: Feb-14-2008
Reported in: 2008(1)ALD(Cri)770; 2008(2)ALT(Cri)71; 2008CriLJ1992
L. Narasimha Reddy, J.1. The respondent was tried for the offence of committing rape and murder of one Theegala Lalitha alias Lalli, the daughter of P.W. 1, at about 8 a.m. on 4-12-1998. Through its judgment, dated 18-6-2004, the trial Court acquitted the respondent. State preferred the appeal, challenging the acquittal of the respondent.2. The facts presented by the prosecution before the trial Court, in brief, are as under. The respondent was employed by P.W. 1 to do household work, as well as to work in the Kirana shop, about 10 years prior to the date of incident. On 3-12-1998, P.W. 1 and his wife have gone to a village, by name Jangareddygudem, to settle the alliance of their daughter, the deceased. P.W. 1 informed his elder brother, P.W. 3, to take care of the house, in his absence.3. According to the prosecution:On 4-12-1998, P.W. 2, the son of P.W. 1, has gone to the shop at about 7 a.m. and opened it. He instructed the respondent, to get breakfast from a hotel and deliver the ...
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