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Andhra Pradesh Court April 2008 Judgments

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Apr 30 2008

Sri Gandrapu Gangaraju Choultry Rep. by Its Executive Officer Vs. G.S. ...

Court: Andhra Pradesh

Decided on: Apr-30-2008

Reported in: 2008(5)ALD130; 2008(5)ALT505

G. Rohini, J.1. The plaintiff in O.S. No. 63 of 1972 on the file of the Court of the Subordinate Judge, Kovvur preferred this appeal aggrieved by the dismissal of the suit by judgment and decree dated 25.11.1981.2. The plaintiff claims to be a charitable institution namely Sri Gandrapu Gangaraju Choultry, Polavaram village in West Godavari District, represented by its Executive Officer appointed under the provisions of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966. The suit is filed seeking a decree against the defendants for recovery of possession of the plaint schedule properties allegedly endowed to the plaintiff choultry by one Gandrapu Gangaraju and mesne profits from the date of the suit. The plaintiff also sought for rendition of accounts claiming that the 1st defendant was managing the suit schedule properties as well as the choultry. The defendants 16 and 18 are the brothers of the 1st defendant whereas the defendant No. 15 is the purc...


Apr 30 2008

Mohd. Ahsan Khan Vs. Greater Hyderabad Municipal Corporation and ors.

Court: Andhra Pradesh

Decided on: Apr-30-2008

Reported in: 2008(4)ALD198

ORDERNooty Ramamohana Rao, J.1. Heard Sri Syed Shareef Ahmed, learned Counsel for the petitioner, Sri R. Radha Krishna Reddy, learned Standing Counsel for the Greater Hyderabad Municipal Corporation and Sri Abdul Nazeeb Khan, learned Standing Counsel for the A.P. State Wakf Board.2. The grievance of the petitioner is that a notified Wakf Institution namely Tavela Safar Khan' situated at Mozam Jahi Market has certain shop rooms bearing Nos. 4-1-708 to 711 and that the 1st respondent - Greater Hyderabad Municipal Corporation has proposed to widen the existing road from Puthlibowli to Mozam Jahi Market and in that process, the aforementioned shop rooms are sought to be demolished. The apprehension of the petitioner is that the Greater Hyderabad Municipal Corporation is insisting upon the consent of the parties for this compulsory acquisition, without offering them any compensation much less a reasonable amount, and is going ahead with the demolition of the structures.3. Learned Counsel fo...


Apr 30 2008

J.V.T. Krishna Murthy Vs. Tribal Welfare Department, Government of And ...

Court: Andhra Pradesh

Decided on: Apr-30-2008

Reported in: 2008(4)ALD541; 2008(4)ALT635

ORDERL. Narasimha Reddy, J.1. The petitioner was employed as Khalasi in Traffic Department of Visakhapatnam Port Trust, on 28.9.1988. He secured that post, by claiming the status of Scheduled Tribe. The probation of the petitioner in that post was declared on 16.10.1989 and thereafter, he was promoted to the post of Tally Coupling Porter, Grade-II and his services were regularized in that post vide proceedings, dated 1.1.1990.2. For the next higher post, namely Tally Clerk, the appointment is by promotion, after ascertaining the eligibility of the candidates in the interview. The petitioner was promoted to that post on 16.11.1991.3. The Port Trust entertained a doubt about the genuinity of the social status of the petitioner. Several proceedings ensued at various levels and the service of the petitioner, as Tally Clerk, could not be regularized for a long time. It was only in pursuance of a direction issued by this Court in W.P. No. 21172 of 2001 that the service of the petitioner was ...


Apr 30 2008

M. Shanti and ors. Vs. Bharat Sanchar Nigam Limited Rep. by Its Chairm ...

Court: Andhra Pradesh

Decided on: Apr-30-2008

Reported in: 2008(4)ALT564

ORDERL. Narasimha Reddy, J.1. A common question arises for consideration in all these writ petitions. Hence, they are disposed of through a common order.2. The petitioners are working as Stenographers in A.P. Circle of Bharat Sanchar Nigam Limited. All of them have been initially working in other Circles, but were transferred to A.P. Circle on various dates. The post superior to that of Stenographer is the Personal Assistant. The appointment to that post is made on the basis of performance of the candidates in the written test (Part-A) and skill test (Part-B). While 50% of the vacancies of that post are earmarked exclusively for the category of Stenographers in the Circle, the balance are for the other categories of the employees in the Circle.3. The third respondent issued a notification, dated 17.05.2007, proposing to conduct the written test for the post of Personal Assistants. On the basis of the relevant rules, it was mentioned that the Stenographers with five years of regular ser...


Apr 30 2008

D. Dwaraka D/O. D.V. Ramana Vs. the Registrar (Admn.), High Court of A ...

Court: Andhra Pradesh

Decided on: Apr-30-2008

Reported in: 2008(5)ALD734; 2008(6)ALT589

ORDERV.V.S. Rao, J.1. Petitioner statedly passed B.A., degree course. She also acquired technical qualification in Typewriting English Higher grade. She belongs to Scheduled Caste (SC). When second respondent herein issued notification dated 23.9.2003 inviting applications inter alia for six posts of Typists, petitioner applied for the post on 20.10.2003. Written test was conducted on 10.12.2006. Interviews were held on 11.12.2006. Petitioner was also one of the candidates, who were interviewed. She alleges that she was only candidate in SC(A) category. Nonetheless she was not selected. Instead third respondent herein was selected. Petitioner contends that when employment notification was issued, one vacancy was earmarked for SC(A) (Women) and that she being the only SC(A)(Women) candidate, she cannot be denied appointment. She further contends that appointment of third respondent Who belongs to SC(B)(Women) category against SC(A) vacancy is illegal and violative of Article 14 of Const...


Apr 29 2008

Pandugayala Subbarayadu Vs. Kattamuri Sri Krishna

Court: Andhra Pradesh

Decided on: Apr-29-2008

Reported in: 2008(4)ALD454; 2008(4)ALT417

ORDERG. Rohini, J.1. This Civil Revision Petition is directed against the order dated 28.11.2007 in E.P. No. 54 of 2007 in O.S. No. 271 of 2003 on the file of the Court of Junior Civil Judge, Badvel.2. The revision petitioner is the judgment-debtor, who suffered a money decree. The respondent herein, who is the decree-holder, filed E.P. No. 54 of 2007 under Order XXI rules 37 & 38 of Code of Civil Procedure (for short, 'the Act') for arrest and detention of the judgment-debtor in civil prison for realization of the decretal amount. The said petition was allowed directing the revision petitioner/judgment-debtor to pay the E.P. amount within one month failing which warrant of arrest shall be issued. The said order dated 28.11.2007 is under challenge in the Revision Petition.3. I have heard the learned Counsel for both the parties. The learned Counsel for the petitioner vehemently contended that the conclusion of the Court below that the petitioner has sufficient means to pay the decretal...


Apr 29 2008

Dogga V. George Rep. by His Father, D.A. Janardhana Rao Vs. Govt. of A ...

Court: Andhra Pradesh

Decided on: Apr-29-2008

Reported in: 2008(4)ALT692

ORDERNooty Ramamohana Rao, J.As we age, the mystery of time more and more dominates the mind. We live less in the present, which no longer has the solidity that it had in youth; less in the future, for the future every day narrows it's span. The abiding things lie in the past.John Buch an.1. This writ petition has been instituted calling in question the correctness of the orders passed by the State Government rejecting the request for condonation of age by more than five years to enable the writ petitioner to appear for SSC public examinations to be held in March, 2008. The writ petitioner whose date of birth is 21.12.1998 was prosecuting his studies at the 4th respondent school. He was showing tremendous progress at his school and in particular in subjects such as Mathematics, Science, Social studies etc. It is also stated that the petitioner had participated at various talent examinations conducted and he seems to have come out in such examinations in flying colours. The Head Master ...


Apr 29 2008

Thummalachetty Builders and Developers (Pvt.) Limited Vs. Commissioner ...

Court: Andhra Pradesh

Decided on: Apr-29-2008

Reported in: 2008(6)ALD818; 2008(6)ALT227

ORDERN.V. Ramana, J.1. Respondent No. 4, namely Megacity Co-operative Urban Bank Limited, purchased the land in an extent of Ac.3-16 guntas in Sy. No 100 B (Old 100) at Nizampet village, Qutbullapur Mandal, Ranga Reddy District, from its original owners and subsequent purchasers vide registered document Nos. 6115/01 and 6116/01, dated 17-8-2001, 6202/01, dated 20-8-2001 and 13706/01, dated 10-10-2001, and since then it has been in possession and enjoyment of the same.2. While so, respondent No. 4 Bank went into liquidation, and it was superseded by the Registrar of Co-operative Societies vide orders dated 2-3-2002. And from 9-9-2002, the Assistant Registrar (Co-operation), who was appointed as Official Liquidator, became the lawful authority to deal with the properties of respondent No. 4-Bank. However, the ex-Vice Chairman and ex-Managing Director of respondent No. 4-Bank, had executed documents alienating the land in favour of third parties, who in turn alienated the same in favour o...


Apr 28 2008

Vavilapalli Sarojanamma and ors. Vs. Pappala Rajeswaramma

Court: Andhra Pradesh

Decided on: Apr-28-2008

Reported in: 2008(4)ALT369

G. Bhavani Prasad, J.1. The unsuccessful plaintiffs in O.S. No. 14 of 1999 on the file of the Senior Civil Judge's Court, Rajam filed the appeal in A.S. No. 1870 of 2001 against the judgment and decree dated 18-4-2001 dismissing the suit for declaration of the title of plaintiffs 2 to 4 to the suit properties and for a permanent injunction restraining the defendant and her men from interfering with their possession, without costs.2. The plaintiffs filed the suit claiming that the 1st plaintiff is the wife and plaintiffs 2 to 4 are the sons of Vavilapalli Satyamnaidu, son of Kurminaidu and Chinnamminayuralu. Chinnamminayuralu had three daughters - Jaggamma, Varahalamma and Narayanamma, and Narayanamma is the mother-in-law of the defendant. The defendant's husband Pappula China Appalanaidu is the brother of the 1st plaintiff. The plaint schedule and other properties were the absolute properties of Chinnamminayuralu through her father Pappula Pentannaidu of Tunivada. Chinnamminayuralu gav...


Apr 25 2008

M. Devender Vs. A. Sarika

Court: Andhra Pradesh

Decided on: Apr-25-2008

Reported in: 2008(4)ALD728; 2008(5)ALT183

D.S.R. Varma, J.1. Heard the learned Counsel appearing for the appellant in the appeal and the respondent in the Cross-objections and Sri C. Prakash Reddy, the learned Senior Counsel, representing the learned Counsel appearing for the respondent in the appeal and the Cross-objector.2. The appeal is directed against the order and decree, dated 10.10.2007, passed by the Family Court, Hyderabad, allowing the petition F.C.A.O.P. No. 1001 of 2005, filed under Section 12 of the Hindu Marriage Act, 1955 (for short, 'the Act'), seeking a decree of nullity of the marriage of the petitioner therein with the respondent therein; while the Cross-objections are filed seeking annulment of marriage under Section 12 of the Act as being voidable on account of fraud played by the respondent therein on the Cross-objector.3. Since the appeal and the Cross-Objections are interrelated, they are being disposed of by this common judgment.4. Appellant in the appeal and the respondent in the Cross-objections is ...


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