Andhra Pradesh Court June 2008 Judgments
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P. Hari Hara Prasad and anr. Vs. High Court of A.P. and ors.
Court: Andhra Pradesh
Decided on: Jun-11-2008
Reported in: 2008(5)ALD59; 2008(4)ALT661
C.V. Ramulu, J.1. This writ petition is filed seeking a certiorari (i) to call for the records pertaining to G.O.Rt. No. 1805, Law (LA&J; Courts.C1) Department, dated 22.10.2005 and declare the same as arbitrary and illegal, (ii) to declare the continuation of Schedule III of Rule 21(3) of Andhra Pradesh High Court Service Rules, 1975 (for short 'the Rules') without incorporating the recommendation of the Chief Justice for upgradation of 24 posts of Deputy Section Officers to that of Section Officers as arbitrary and illegal; and (iii) consequently, to direct the first respondent to treat the recommendations of the Chief Justice dated 6.7.1992 as a sanction and comply with the same immediately and pay the arrears from 6.7.1992 till date.2. The writ petition is filed by one P. Hari Hara Prasad, Retired Section Officer of the High Court of Andhra Pradesh and the Andhra Pradesh High Court Junior Officers' Association, represented by its President Md. Mohmood Ali, initially, challenging G....
T. Hanmanthu Vs. L.A., Op, Pjp
Court: Andhra Pradesh
Decided on: Jun-11-2008
Reported in: 2008(5)ALD210
ORDERP.S. Narayana, J.1. Heard Sri N. Vasudeva Reddy, learned Counsel representing revision petitioner. The respondent had been served, proof of service had been filed and none represents the respondent.2. Sri N. Vasudeva Reddy, learned Counsel representing the revision petitioner would maintain that the learned Senior Civil Judge, Narayanpet, committed a serious irregularity in holding that the claimant-petitioner is not entitled for interest from 22.3.1999 i.e., the date of dismissal of O.P. till the disposal of the main O.P. The learned Counsel also would maintain that the learned Judge ought to have appreciated the fact that the grant of interest is a statutory relief under the provisions of Land Acquisition Act, 1894 (as amended by Act 68 of 1984) as such the said relief cannot be denied nor subjected to any condition. The learned Counsel also would maintain that the learned Judge ought to have appreciated that fact that the interest is payable on the market value, solatium and th...
Branch Manager, New India Assurance Co. Ltd. Vs. V. Jayaramappa and or ...
Court: Andhra Pradesh
Decided on: Jun-11-2008
Reported in: 2009ACJ1383; 2008(5)ALD331; 2008(6)ALT9
ORDERC.Y. Somayajulu, J.1. Respondents 1 and 2 filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short - 'the Act'), seeking compensation from the third respondent i.e., the owner of a Van bearing No. KA-19-1392, and the appellant, the insurer of the said Van, alleging that on 8.1.1994 when their mother (the deceased) along with two others was proceeding in the said Van transporting cows from Peddapalli to their native place, as a result of the rash and negligent driving of its driver, the said Van met with an accident resulting in the death of their mother and injuries to others and so they are entitled to Rs. 50,000/- as compensation. In that petition they filed IA No. 1/96 under Section 140 of the Act seeking interim compensation of Rs. 50,000/- for the death of their mother. Appellant filed its counter inter alia contending that inasmuch as the deceased admittedly was travelling as a passenger in a goods vehicle, it is not liable to pay any compensation ...
Sree Datta Agencies, Represented by Its Proprietor, Sri Gopikishan Bha ...
Court: Andhra Pradesh
Decided on: Jun-10-2008
Reported in: 2008(5)ALD344; 2008(5)ALT400
V.V.S. Rao, J.1. This civil revision petition is filed under Section 22 of Andhra Pradesh Buildings (Lease, Rent & Eviction) Control Act 1960 (the Act, for brevity), against reversing order of appellate authority whereby and whereunder petitioner/tenant was ordered to be evicted.2. Shree Datta Agencies is proprietary concern engaged in wholesale business in drugs and pharmaceuticals. Its proprietor Gopikishan Bhangdia took premises bearing No. 4-4-233/1, Inderbagh, Sultan Bazar, Hyderabad (hereafter called, petition schedule premises), from Smt.M.V.Vijaya Lakshmi, on a monthly rent of Rs. 225/-. Premises was sold to Smt.Sakunthala Bai Chhajed, who is sister of Dinesh Kumar Kucheria. In turn Smt.Sakunthala Bai Chhajed sold premises to her brother, under registered sale deed dated 22.1.1987. After said purchase, Dinesh Kumar Kucheria (hereafter called, landlord) issued a legal notice to Gopikishan Bhangdia (hereafter called, tenant) seeking vacation on the ground of personal occupation f...
Abdul Rehman Vs. Saraswathi Prasad Singh
Court: Andhra Pradesh
Decided on: Jun-10-2008
Reported in: 2008(5)ALD163; 2008(5)ALT7
ORDERV.V.S. Rao, J.1. The petitioner is aggrieved by order of Court of the Additional Chief Judge, City Small Causes Court, Hyderabad, in R.A. No. 168 of 1998, dated 06.11.2002. In exercise of appellate powers under Section 20 of Andhra Pradesh (Lease, Rent and Eviction) Control Act, 1960 (hereafter called, the Act), the learned Chief Judge, confirmed the order of learned Principal Rent Controller, Hyderabad, dated 03.04.1998 in R.C.No. 436 of 1993, whereby and whereunder petitioner was directed to vacate the premises bearing mulgi No. 3-5-1145/1 situated at Kachiguda 'X' Roads, Hyderabad. Though the jural relationship is denied by petitioner, for the sake of convenience, petitioner is referred to as tenant and the respondent is referred to as landlord in this order. Respondent (landlord) is resident of Alberts, Canada, and he sued for eviction of tenant through his General Power of Attorney (GPA) Sri Thakur Ratan Singh. The eviction was sought on the ground that the tenant failed to p...
B.M. Jambunathan Vs. United News of India (Uni) Rep. by Its General Ma ...
Court: Andhra Pradesh
Decided on: Jun-10-2008
Reported in: 2008(4)ALD754; 2008(5)ALT34; [2008(119)FLR336]
ORDERL. Narasimha Reddy, J.1. The petitioner filed I.D. No. 39 of 2006, before the Industrial Tribunal- cum-Labour Court, Visakhapatnam, against the 1strespondent herein, claiming certain relief. On receipt of notice, the 1st respondent entered appearance. A memo, dated 10.4.2006, was filed by the 1st respondent, authorizing Sri A.K. Seth and G.S. Ravishanker, to represent them in the matter. Petitioner filed I.A. No. 38 of 2006, with a prayer that the Tribunal be pleased to disallow any request that may be made by the 1st respondent, to engage an Advocate or Legal Practitioner, to represent them in the case. The 1st respondent, in turn, filed a counter affidavit, opposing the application. It was mentioned that the petitioner is an enrolled Advocate, and in that view of the matter, they are also entitled to engage an Advocate in the I.D. Elaborate arguments were addressed before the Tribunal, on this aspect. Through a detailed order, dated 22.11.2006, the Tribunal dismissed the I.A., a...
Atluri Brahmanandam (Died) Adusumalli Leelaratna Kumari Vs. Anne Sai B ...
Court: Andhra Pradesh
Decided on: Jun-10-2008
Reported in: AIR2008AP235; 2008(4)ALD808; 2008(5)ALT56
V.V.S. Rao, J.1. In 1965, Myden Saheb of Atkuru Village in Gannavaram Taluk of Krishna District filed a small cause suit being S.C.No.44 of 1965 against Atluri Brahmanandam of the same village. The suit was decreed by Court of District Munsif, Nuzvid, for an amount of about Rs. 355/- including costs and interest. The decree holder filed E.P.No.29 of 1967. Judgment Debtor's agricultural wetland admeasuring Acs.1.78 was brought to sale. In the Court auction, Anne Seetharamaiah of the village purchased the same for Rs. 5,900/-. The auction purchaser is adopted father of Anne Sai Bapuji, who filed O.S.No.72 of 19841 on the file of the Court of the Subordinate Judge, Gudivada, for possession, future profits with interest at six per cent per annum and for payment of Rs. 4,500/- with interest six per cent per annum till realization. The suit was decreed, aggrieved by which, defendant Atluri Brahmanandam filed present appeal. For the sake of convenience, parties are referred to by their status...
G. Krishna Murthy Vs. Government of Andhra Pradesh Rep. by Its Princip ...
Court: Andhra Pradesh
Decided on: Jun-10-2008
Reported in: 2008(4)ALD445; 2008(4)ALT287
ORDERGopala Krishna Tamada, J.1. Tiruchanur village, popularly known as Alimelumangapuram, is a major Gram Panchayat in Chittoor district and abode of Goddess Padmavathi @ Alimelumanga, the divine consort of Lord Venkateswara Swamy, known as Kaliyugadaivam. As Tirupathi, the abode of Lord Venkateswara Swamy, is a popular shrine in the world, thousands and lakhs of pilgrims all over the world visit Tirupathi daily and as a sequel they also visit the temple of Alimelumanga i.e., Goddess Padmavathi, atTiruchanur. As the said temple is situated in the Gram Panchayat of Tiruchanur, the Gram Panchayat has been conducting auctions every year in respect of the leasehold rights of parking place of vehicles of pilgrims, who visit the temple. In that context several auctions have taken place. There is no dispute with regard to the above said facts.2. It is the case of the petitioner that for the year 2008-2009, third respondent - Gram Panchayat issued a Notification dated 15-02-2008, calling for ...
United Shippers Ltd. Rep. by Its Authorized Signatory R. Pandu Vs. Vol ...
Court: Andhra Pradesh
Decided on: Jun-10-2008
Reported in: 2008(4)ALD665; 2008(4)ALT588
ORDERG. Rohini, J.1. The respondent No. 5 in the writ petition filed this application to decide the territorial jurisdiction of this Court to entertain the writ petition as a preliminary issue.2. As a matter of fact, the writ petition was coming up for final hearing and the learned senior counsel appearing for the writ petitioner was already heard. However, in view of the specific objection raised by the respondents as to the maintainability of the writ petition on the ground that this Court lacks territorial jurisdiction, this Court after hearing the learned Counsel for both the parties in detail on the said issue, passed an order on 1 -2-2008 as under:Having heard the learned senior counsel appearing for the writ petitioner with regard to the objection raised by the respondents as to the maintainability of the writ petition, I do not find any substance in the contention of the respondents that this Court lacks territorial jurisdiction to entertain this writ petition. Hence, while res...
Koppu Ramesh Vs. A.P. Social Welfare Residential Educational Instituti ...
Court: Andhra Pradesh
Decided on: Jun-10-2008
Reported in: 2008(4)ALD740; 2008(5)ALT751
ORDERL. Narasimha Reddy, J.1. It would not be an exaggeration to say that the prime sectors of service, such as, education and health, received greater amount of attention, and functioned more efficiently under the Governments of the past decades, than under those in the recent past. The hope of the people that they would get better services under popular Governments had slowly been eroded. The circumstances, that led to the filing of this batch of writ petitions, would throw some light on this.2. With an object of providing quality education in public institutions to the students belonging to socially and economically backward category, residential institutions were established under the umbrella of a Society viz., A.P. Social Welfare Residential Educational Institutions Society (for short 'the Society'), 1st respondent herein, formed by the Government itself. The sanctioned strength of teachers in these institutions was 1725. Though a very good beginning was made, the priorities of t...