Andhra Pradesh Court June 2008 Judgments
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A.P. Public Service Commissioner Vs. B. Sambi Reddy and anr.
Court: Andhra Pradesh
Decided on: Jun-17-2008
Reported in: 2008(5)ALD102; 2008(5)ALT564
Ghulam Mohammed, J.1. These two writ petitions, filed by the A.P. State Public Service Commission (for brevity 'the Commission') can be disposed of together as they arise out of a common order passed by the A.P. Administrative Tribunal in O.A. Nos. 4729 and 5411 of 2007, dated 26.2.2008.2. While W.P. No. 12395 of 2008 is directed against the order in O.A. No. 4729 of 2007, W.P. No. 12396 of 2008 is directed against the order in O.A. No. 5411 of 2007.3. The brief facts leading to the filing of the O.As, in nutshell, may be noted:The respondent herein is a retired Assistant Secretary in the Commission. The respondent while functioning as Superintendent in the confidential wing of the Commission, during the year 1994, was directed to inspect Manjusree Printers, Bangalore, and to submit a report whether the said press was capable of taking confidential work of printing of question papers pertaining to the Commission in large scale and about its reputation. The respondent is alleged to have...
Katta Venkateswara Rao Vs. Ch. Leelavathi (Died) and ors.
Court: Andhra Pradesh
Decided on: Jun-17-2008
Reported in: 2008(5)ALD320; 2008(6)ALT323
ORDERP.S. Narayana, J.1. Heard Sri Y.V. Ravi Prasad, learned Counsel for the petitioner.2. Sri Y.V. Ravi Prasad states that respondents 2 to 5 had been served and proof of service also had been filed. But, none represents the respondents. The learned Counsel placed strong reliance on the decision of the Apex Court in Amit Kumar Shaw and Anr. v. Farida Khatoon and Anr. : AIR2005SC2209 and would maintain that an alienee pendente lite also can be brought on record. The Counsel also would maintain that since the petitioner/ alienee pendente lite is the purchaser from the legal representatives of the original plaintiff and since the parties having parted with the property may not be interested in further prosecuting the litigation, to safeguard his interest, such party to be added as a party to further prosecute the appeal. The learned Counsel also would maintain that here is a case where no counter had been filed and the application had not been opposed even before the learned Senior Civil...
K.L. Kantha Rao Vs. Special Officer, Aup School and Mandal Education O ...
Court: Andhra Pradesh
Decided on: Jun-17-2008
Reported in: 2008(5)ALD621
ORDERV. Eswaraiah, J.1. The petitioner seeks to issue a writ of mandamus, declaring the proceedings of the 1st respondent-Special Officer, AUP School, Vellatur dated 18.9.2002 in appointing the 4th respondent as Headmistress of AUP School, Vellator Village and Mandal, Guntur District as illegal and arbitrary.2. It is the case of the petitioner that the Management of the School i.e., 2nd respondent appointed him as Head Master of the said school, vide proceedings dated 16.1.2002 as the regular Head Master died on 18.12.2000. It is further stated that the 4th respondent who was working as temporary Headmistress stated that she cannot continue as Headmistress due to her family responsibilities, and therefore the petitioner was appointed as Head Master w.e.f. 23.1.2002. While so, the 1st respondent without giving any notice to him and to his utter surprise issued the impugned proceedings dated 18.9.2002 appointing the 4th respondent as Headmistress of the said school, informing the petitio...
Kanithi Appala Suryanarayana Vs. Sri Kanithi Ganapathi Rao and 2 ors.
Court: Andhra Pradesh
Decided on: Jun-16-2008
Reported in: 2008(4)ALD756; 2008(5)ALT38
ORDERG. Yethirajulu, J.1. This revision petition has been filed by a third party challenging the order of the lower Court dated 17-10-2005 in I.A. No. Nil of 2005 in O.S. No. 240 of 2003.2. An application was filed before the District Legal Services Authority-cum- II Additional Senior Civil Judge, Visakhapatnam, by the parties to O.S. No. 240 of 2003 except the petitioner for recording compromise in the said suit. It was referred to Lok Adalat and the Lok Adalat passed an award on 25-06-2003 recording the compromise in O.S. No. 240 of 2003. After coming to know about the compromise decree, the petitioner filed the above I.A. praying to set aside the said award by contending that the plaintiff in the said suit played fraud on him by colluding with the second defendant and claiming that the petitioner is the adopted son of the deceased - first defendant and the plaintiff is not related to the first defendant. He filed documents in support of his case and requested the said Court to set a...
Nammi Venkata Swamy and ors. Vs. Nodagala Sanyasi and ors.
Court: Andhra Pradesh
Decided on: Jun-16-2008
Reported in: 2008(5)ALD143; 2008(5)ALT455
P.S. Narayana, J.1. Heard Sri P. Sri Raghuram, the learned Counsel representing the appellants and Sri Kowturu Vinay Kumar, the learned Counsel representing the 1st respondent.2. The 1st respondent in this Second Appeal is the plaintiff in the suit O.S. No. 277/80 on the file of Principal District Munsif, Visakhapatnam. The plaintiff instituted the suit as against defendants 1 to 11 at the first instance praying for the relief of declaration that the plaintiff is the permanent tenant with the rights of occupancy in relation to the plaint schedule property and further for a consequential relief of permanent injunction against defendants 1 to 8 restraining them from interfering with his possession and enjoyment in relation to the plaint schedule property. Defendants 12 to 23 were brought on record as per orders in I.A. No. 1175/92 dated 19-9-1992.3. The defendants resisted the suit. The learned District Munsif, Visakhapatnam in the light of the respective pleadings of the parties, having...
Neni Hitech Club Private Limited, Represented by Its Managing Director ...
Court: Andhra Pradesh
Decided on: Jun-16-2008
Reported in: 2008(4)ALD743
V. Eswaraiah, J.1. The petitioner is a club, incorporated under the Companies Act, 1956, under the name and style of M/s Neni-Hitech Club Private Limited. It is stated that the club is an association of persons, established in the year 1999 for promoting sports, cultural activities and providing recreational facilities to its members. In the club, there are about 1000 members, who are from different walks of life belonging to various professions. It is stated that the club is involved in various activities. The club members are interested in relaxing in the club premises with their families and are carrying liquor purchased by them from IL-17 licensed shop and consuming the same within the premises of the club. It is the case of the petitioners that the members of the club purchased the liquor from IL-17 licensed shop, situated in the premises bearing No. 169, Lal Bangalow, near S.V.V.V. Sanskrit College, Old Airport Road, New Bowenpalli, Secunderabad, carrying the same to the club pre...
Shaik Chanda S/O Shaik Hyder Vs. the State Through Inspector of Police
Court: Andhra Pradesh
Decided on: Jun-13-2008
Reported in: 2008CriLJ3988
R. Kantha Rao, J.1. The sole accused Shaik Chand was put up for trial before the IV Additional Sessions Judge (Fast Track Court), Karimnagar in Sessions Case no. 478 of 2004 on the allegation of committing offences punishable under Sections 302 and 307 IPC. At the conclusion of the trial he was found guilty for both the offences and was sentenced to imprisonment for life and to pay a fine of Rs. 500/- for the offence under Section 302 IPC. He was also sentenced to undergo Rigorous Imprisonment for a period of five years and to pay a fine of Rs. 500/- for the offence under Section 307 IPC. Both the substantive sentences were directed to run concurrently.2. Aggrieved by the said order of conviction and sentence, the appellant preferred this appeal.3. The prosecution case in a nutshell is as follows:4. P.W-1 Mohammed Manjoor Ahmed, P.W-4 Mohammed Maksood Ahmed and the deceased Md. Mazar Ahmed are brothers. P.W-1 was running a pan shop near the main gate of RTC bus station Karimnagar. Anko...
Swathi Drug Agencies (Pvt.) Limited, Rep. by Its Director and Authoris ...
Court: Andhra Pradesh
Decided on: Jun-13-2008
Reported in: 2008(2)ALD(Cri)690; 2008(3)ALT(Cri)8
G. Yethirajulu, J.1. This M.P. has been filed by the complainant in C.C. No. 1350 of 2001 filed under Section 138 of the Negotiable Instruments Act. The trial Court convicted the accused for the offences under Section 138 of the Negotiable Instruments Act and sentenced to undergo Simple Imprisonment for one year and also payment of a fine of Rs. 1,000/-, in default to undergo Simple Imprisonment for ten days. The accused was also directed to pay compensation of Rs. 2,50,096/- under Section 357(3) of the Code of the Criminal Procedure and further mentioned that the complainant is entitled for compensation amount after the appeal time. The accused being aggrieved by the judgment of the trial Court preferred Criminal Appeal No. 97 of 2006 and the appellate Court after considering the evidence and the judgment of the trial Court dismissed the appeal by confirming the conviction and the sentence imposed by the trial Court.2. The accused being aggrieved by the judgment of the lower appellate...
Syed Asadullah S/O Mir Farooq Ali Vs. Rasheeda Begum D/O Mohd. Ahmedud ...
Court: Andhra Pradesh
Decided on: Jun-13-2008
Reported in: 2008(5)ALD216; 2008(4)ALT765
B. Prakash Rao, J.1. The appellant is the husband, who is an unsuccessful petitioner in the Court below, who files this appeal under Section 19 of the Family Courts Act, 1984 aggrieved by the order and decree, dated 22.08.2006, in O.P. No. 258 of 2005, on the file of the Court of the Judge, Family Court, Hyderabad, dismissing his petition purported to have been filed under Sections 10 and 25 of the Guardians and Wards Act, 1890 seeking custody of the minor son.2. Briefly stated, the facts which gave rise to filing of the petition are that both the parties herein were married on 23.10.2003 and out of the said wedlock, a son was born on 28.08.2004. Subsequently, certain disputes arose and all the efforts made for settlement failed and this is followed by exchange of legal notices. Ultimately, the parties obtained divorce on 01.12.2004 before the Qazi. However, the matter did not end at there. Again there have been some complaints filed by the respondent against the appellant and the chil...
P. Srinivasa Babu Vs. Amr Consultants Ltd.
Court: Andhra Pradesh
Decided on: Jun-13-2008
Reported in: 2008(4)ALD747; 2008(4)ALT759
ORDERGhulam Mohammed, J.1. This revision is directed against the order dated 9.10.2007 refusing to receive in evidence the document dated 10.9.2005 styled as 'memorandum of understanding' unless the stamp duty is paid in terms of Article 13 of Indian Stamp Act.2. The plaintiff is the revision petitioner while the respondent is the defendant. The plaintiff filed suit for recovery of Rs. 17,36,325/- with subsequent interest while the defendant laid counter-claim for Rs. 31,60,000/-. During the trial, the plaintiff sought to mark the document dated 10.9.2005 styled as 'memorandum of understanding' entered into between the plaintiff and the defendant and objection was raised as to its admissibility.3. Heard learned Counsel for the parties and perused the record.4. Learned Counsel for the petitioner contended that the document sought to be marked is not a 'bond' as defined in Section 2(5) of Indian Stamp Act; that there is no obligation created under the document and as such it cannot be te...
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