Andhra Pradesh Court June 2008 Judgments
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Balsa Sarada W/O Seethapati Vs. Talluri Ansuryamma (Died) and ors.
Court: Andhra Pradesh
Decided on: Jun-24-2008
Reported in: 2008(5)ALD828; 2008(5)ALT3
ORDERGopala Krishna Tamada, J.1. As these revisions are interrelated they are disposed of by this common order.2. Facts, in brief, are: Revision petitioner filed the suit in O.S. No. 1 of 1995 on the file of the Court of the Principal Senior Civil Judge, Nellore, initially against her parents i.e. the defendants 1 and 2 and the subsequent purchasers as defendants 3 and 4, for a declaration that the suit schedule house was given to her by her parents at the time of marriage towards pasupu kunkuma and that the sale made by her father in favour of defendants 3 and 4 is null and void. As defendants 1 and 2 died during the pendency of the said suit, she brought the legal representatives i.e. her brother and sisters as defendant Nos. 5 to 11. According to the petitioner-plaintiff her parents gave the suit house to her, at the time of marriage i.e. as early as in 1976 and the said house was let out to the husband of eleventh respondent and eleventh respondent with her husband is residing in t...
Hazarath AmeeruddIn College of Education Vs. Government of A.P. and or ...
Court: Andhra Pradesh
Decided on: Jun-24-2008
Reported in: 2008(5)ALD23
R. Subhash Reddy, J.1. This writ appeal is filed by the original petitioner in writ petition No. 24356 of 2007, aggrieved by the order dated 21st of January, 2008, passed by the learned Single Judge.2. The appellant/college, which is imparting course in Education, is a recognized institute under the provisions of the National Council for Teacher Education Act, 1993. In the writ petition, the petitioner has questioned the orders dated 8.10.2007, issued in letter No. APSCHE/CETS/EDCET -06/Mgt-Quota/2006-07/ANU-333 by the Andhra Pradesh State Council for Higher Education, disapproving the candidature of twelve students, who are admitted into B.Ed. Course during the academic year 2006-07. The impugned proceedings are issued on the ground that the appellant-college admitted the students in deviation of the admission rules framed under A.P. Educational Institutions (Regulation of Admissions and Prohibition of Capitation Fee) Act, 1983 (hereinafter referred to as 'the Act'). As per the said r...
Derivate Casoil Ltd. Vs. Agro Tech Foods Ltd. (Formerly Known as Itc A ...
Court: Andhra Pradesh
Decided on: Jun-24-2008
Reported in: 2008(5)ALD92; 2008(5)ALT30
ORDERP.S. Narayana, J.1. This Court ordered notice before admission on 11.3.2008 and granted interim stay for a limited period, which is being extended.2. Derivate Casoil Limited represented by its Managing Director, plaintiff in O.S. No. 36 of 1996 on the file of I-Additional Senior Civil Judge, Fast Track Court, Mahabubnagar, respondent in I.A. No. 88 of 2007, aggrieved by the order, dated 7.2.2008, had preferred the present civil revision petition.3. The said application was filed by the present respondent/petitioner-2nd defendant for reception of documents on behalf of the 2nd defendant Company. The affidavit in support of the application was sworn to by DW.2. The learned I-Additional Senior Civil Judge, Fast Track Court, Mahabubnagar, after recording certain findings, came to the conclusion that DW.2 be permitted to be examined on behalf of the 2nd defendant Company and the documents to be received in evidence as prima facie they are necessary. However, the learned I-Additional Se...
D. Purushottam Rao Vs. Assistant General Manager (Admn.) and ors.
Court: Andhra Pradesh
Decided on: Jun-24-2008
Reported in: 2008(4)ALT783
ORDERGhulam Mohammed, J.1. This writ petition is filed seeking a writ of mandamus declaring the impugned order No. TA/STA/56/1-4/94/24, dated 12.12.1995 issued by the Assistant General Manager (Admn.) O/o. the Chief General Manager, Telecom, A.P. Circle, Hyderabad and the appellate order No. TA/STA/56/2/1/96, dated 30.12.1996 issued by the Deputy General Manager (Admn.) O/o. the Chief General Manager, Telecom, A.P. Hyderabad, which has been affirmed by the Central Administrative Tribunal Hyderabad Bench, Hyderabad in 0.A. No. 633/97 dated 17.03.1999 and in Review R.A. No. 33/99 in O.A. No. 633/97 dated 01.07.1999, as illegal, arbitrary, discriminatory and violative of Articles 14, 16 and 21 of the Constitution and consequently declare that the punishment of withholding of one increment with cumulative effect vide order No. TA/STA/ 56/1-4/94/26, dated 12.12.1995 and the Appellate Order No. TA/STA/56/2-1/96, dated 30.12.1996 as null and void.2. The grievance of the petitioner is that he ...
Shaik Ibrahim Vs. Secretary to the Government, Revenue (Assignment-i) ...
Court: Andhra Pradesh
Decided on: Jun-24-2008
Reported in: 2008(5)ALT518
ORDERGoda Raghuram, J.1. Petitioner assails the order of the 2nd respondent dated 8.1.2004 and also seeks regularization of his occupation of land and building bearing H. No. 10-5-2/1/3/5/A in Survey No. 128, T.S. No. 16/P, Block-K, Ward No. 36, Masab Tank, Mallepalli Village, Asifnagar Mandal, Hyderabad District.2. By the impugned order, the 2nd respondent rejected the petitioner's request for regularization of his occupation of the land in question on the ground that the District Level Committee constituted for the purpose of considering regularization of occupation of Government lands at a meeting held on 6.12.2003 had rejected the petitioner's request on the ground that the land applied for regularization does not qualify under the provisions of G.O. Ms. No. 508, Revenue (Assn. I) Department, dated 20.10.1995 read with G.O Ms. Nos. 972 and 515, dated 4.12.1998 and 19.4.2003 respectively, since the land in question is 'G-Cantonment Non-ISF Land'.Petitioner claims to have purchased t...
Divisional Manager, Apsrtc Vs. Presiding Officer, Industrial Tribunal- ...
Court: Andhra Pradesh
Decided on: Jun-24-2008
Reported in: 2008(5)ALD745
ORDERL. Narasimha Reddy, J.1. The 2nd respondent herein is employed as a Conductor in the A.P.S.R.T.C. On 14.4.1987, he was on duty between Khammam and Mahabubabad. A check was exercised by the Officials of the Corporation at Stage No. 9. Charges were framed against him, alleging that he failed to collect fare and issue ticket to a passenger, who boarded the bus at Stage Nos.8/9 and bound for Stage No. 12. The 2nd respondent submitted his explanation and not being satisfied with that, the Depot Manager appointed an enquiry officer. On the basis of the findings in the enquiry report, the Depot Manager passed an order, dated 24.9. ^987, removing the 2nd respondent from service.2. Aggrieved by the order of removal, the 2nd respondent filed an appeal before the Divisional Manager, A.P.S.R.T.C, Khammam, petitioner herein. The appeal was partly allowed vide proceedings, dated 11.12.1987, and the order of removal was set aside. The 2nd respondent was directed to be reinstated without any back...
State of Andhra Pradesh Vs. Smt. Inapuri Padma and ors.
Court: Andhra Pradesh
Decided on: Jun-24-2008
Reported in: 2008(2)ALD(Cri)668; 2008CriLJ3992
ORDERG. Yethirajulu, J.1. These revision cases have been filed by the State represented by the Public Prosecutor questioning the order passed by the Chief Judicial Magistrate, Vijayawada, in Criminal M.P. No. 276 of 2008 and Criminal M.P. No. 277 of 2008 in Crime No. 477 of 2007 of Ibrahimpatnam Police Station, Vijayawada. The Assistant Commissioner of Police, West Zone, Vijayawada City, filed a requisition before the Chief Judicial Magistrate, Vijayawada, requesting to permit them to undertake Narco Analysis Test for six persons at FSL Bangalore.2. In the requisition it is mentioned that the persons mentioned in the requisition are neither accused nor suspects in the above crime. The police were suspecting that the above mentioned persons are not disclosing certain facts known to them in respect of the above crime and if a Narco Analysis Test is conducted on the above persons, there is likelihood of those persons disclosing certain facts, which may help the Police in making progress i...
Rahmans College of Education Rep. by Its Correspondent and Secretary, ...
Court: Andhra Pradesh
Decided on: Jun-24-2008
Reported in: 2009(5)ALT165
R. Subhash Reddy, J.1. This writ appeal is filed by the original petitioner in writ petition No. 24416 of 2007, aggrieved by the order dated 21st of January 2008, passed by the learned single Judge.2. The appellant/college, which is imparting course in Education, is a recognized institute under the provisions of the National Council for Teacher Education Act, 1993. In the writ petition, the petitioner has questioned the orders dated 23.07.2007, issued in letter No. APSCHE/CETS/EDCET-06/Mgt-Quota/2006-07/KU-319 by the Andhra Pradesh State Council for Higher Education, disapproving the candidature of five students, who are admitted into B.Ed. Course during the academic year 2006-07. The impugned proceedings are issued on the ground that the appellant-college admitted the students in deviation of the admission Rules framed under A.P. Educational Institutions (Regulation of Admissions and Prohibition of Capitation Fee) Act, 1983 (hereinafter referred to as 'the Act'). As per the said Rules...
Sri K. Mahadeva Rao Vs. Smt. Vaztha Tabassum Ghouse
Court: Andhra Pradesh
Decided on: Jun-23-2008
Reported in: 2008(4)ALD781; 2008(5)ALT44
G. Yethirajulu, J.1. This second appeal has been preferred by the defendant in O.S. No. 1489 of 2003 on the file of the II Senior Civil Judge, City Civil Court, Hyderabad.2. The plaintiff filed the suit for specific performance of an agreement of sale with an alternative relief of directing the defendant to pay Rs. 3,50,000/- as damages with interest and costs.3. The averments of the plaint are briefly as follows:The plaintiff entered into an agreement of sale to purchase the suit schedule property for a sale consideration of Rs. 3,50,000/-. An agreement of sale was executed by the defendant in favour of the plaintiff on 30-08-2001. The plaintiff paid an amount of Rs. 50,000/- as advance at the time of the sale agreement. Originally one, Laxman Rao Jaghirdhar was the owner of the suit land. After his death, his wife Chakilam Rajya Laxmi and daughter N.Padmasani Devi inherited the same and they sold an extent of Acs.2.00 in favour of the defendant's father through a document of 1962. Th...
T. Nabi Sab Vs. G. Venkatesulu and anr.
Court: Andhra Pradesh
Decided on: Jun-23-2008
Reported in: 2008(4)ALD770; 2008(4)ALT231
G.V. Seethapathy, J.1. Appeal is directed against the order, dated 12-7-2007, in A.S. No. 15 of 2006 on the file of the IV Additional District Judge, Anantapur wherein the said appeal preferred against the order dated 3-11-2005 in E.A. No. 162 of 2003 in E.P. No. 51 of 2002 in O.S. No. 169 of 1996 on the file of the Principal Senior Civil Judge, Anantapur was dismissed.2. Heard learned Counsel for the appellant. None appears for the respondent though, served with notice. Perused the records.3.Appellant herein is the claim petitioner who filed E.A. No. 162 of 2003 in E.P. No. 51 of 2002 in O.S. No. 169 of 1996. The said Execution Petition was filed by the 1st respondent herein against the 2M respondent for realization of the decretal amount due in the decree passed in O.S. No. 169 of 1996. The claim of the appellant herein was dismissed by the learned Principal Senior Civil Judge, Anantapur on the ground that the petition filed under Order 21 Rule 53 CPC is not maintainable as there was...