Andhra Pradesh Court July 2008 Judgments
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Doneparthi Hymavathi and anr. Vs. Kotapati Ramalakshmi @ Radhika
Court: Andhra Pradesh
Decided on: Jul-11-2008
Reported in: 2008(5)ALD500; 2008(5)ALT533
ORDERGopala Krishna Tamada, J.1. This civil revision petition is directed against the order dated 1.5.2008 passed in O.S. No. Nil of 2008 in C.F. No. 3072 of 2008 whereby the learned Principal District Judge, Nellore observed that the claim for compensation for the period from 18.12.1989 to 22.4.2005 was barred by limitation and directed the plaintiffs i.e., the petitioners herein to restrict their claim from 23.4.2005 to 23.4.2008 with subsequent interest.2. Brief facts of the case are that the petitioners herein and two others executed an agreement of sale on 17.8.1989 and they were put in possession of the schedule property i.e., M/s. Gowri Rice Mill, Allipuram, Nellore, on 18.12.1989. Though the agreement of sale was executed and sale consideration was also paid in part as the petitioners and two others have not come forward and registered a regular sale deed, the respondent herein i.e., K. Ramalakshmi and two others filed O.S. No. 73 of 1997 for specific performance of the agreeme...
Kusampudi Sarada Vs. Mandal Revenue Officer and ors.
Court: Andhra Pradesh
Decided on: Jul-11-2008
Reported in: 2008(5)ALD522; 2008(6)ALT85
ORDERC.V. Nagarjuna Reddy, J.1. This writ petition is filed calling in question proceedings No. 1084/2004/ A dated 28.11.2005 issued by respondent No. 1 and seeking quashing of the same by issuing a writ of certiorari.2. Briefly stated, the facts are that the petitioner purchased agricultural land admeasuring Acs.4.50 cents comprised in Sy.Nos. 1401/2A, 1401/2B and 1401/3A of Bapatla Village, Guntur District in the name of her minor daughter Lakshmi and two minor sons Shanukha Varma and Surendra Varma under three registered sale deeds dated 29.4.1986. According to her, the vendors of the property Kusampudi Sundara Rama Raju and Thotakura Subbaraju were the owners and pattadars of the said lands. Respondent No. 1 issued notice dated 10.8.2005 under Section 3 of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 (for short, 'the Act'), wherein it was alleged that the said lands were originally assigned to Paddisonpet Tenants Co-operative Society (for short, 'the society') in th...
Chityala Venkata Reddy S/O Papi Reddy Vs. the State of A.P. Rep. by th ...
Court: Andhra Pradesh
Decided on: Jul-10-2008
Reported in: 2008(2)ALD(Cri)328; 2008(3)ALT(Cri)81; 2008CriLJ4244
ORDERP. Swaroop Reddy, J.1. This Criminal Petition under Section 482 Cr.P.C. is filed by the petitioner - de facto complainant seeking to quash the order dated 18-02-2008 passed by the learned Judicial Magistrate of First Class, Narsampet, Warangal District in Criminal M.P. No. 755 of 2007 in C.C. No. 96 of 2004 and consequently direct respondent Nos. 3 and 4 - accused Nos. 2 and 3 to appear before the trial Court on the next date of hearing.2. The main grievance of the de facto complainant is that accused Nos. 2 and 3 are not appearing before the trial Court.3. Trial Court issued summons to accused Nos. 2 and 3, but they did not attend. Then issued non-bailable warrants, which were also not executed. On that, petitioner filed Criminal M.P. No. 672 of 2007 for appointment of Advocate Commissioner for execution of NBWs. At that stage, accused Nos. 2 and 3 filed Criminal M.P. No. 755 of 2007 without appearing in person and sought to recall of NBWs and requested to dispense with their per...
D. Venkatadri Naidu Vs. S. Srinivasulu Reddy
Court: Andhra Pradesh
Decided on: Jul-10-2008
Reported in: 2008(5)ALT55
ORDERV. Eswaraiah, J.1. These two civil revision petitions are filed against the common order dated 6-2-2008 passed in I.A. Nos. 689 and 690 of 2007 in O.S. No. 317 of 2005 by the Principal Senior Civil Judge, Chittoor.2. The parties in both these petitions are one and the same. The petitioner is the defendant and respondent is the plaintiff in the suit O.S. No. 317 of 2005. The petitioner filed I.A. No. 689 of 2007 for reopening the suit to send the suit promissory note to the handwriting expert and I.A. No. 690 of 2007 for sending the suit promissory note to the handwriting expert for comparison of signatures on the suit promissory note with that of the admitted signatures. Both the applications were dismissed by the aforesaid common order by the Learned Principal Senior Civil Judge, Chittoor, on the ground that the petitioner has not taken any steps during the course of the evidence to refer the document to the handwriting expert and therefore, at the belated stage the case cannot b...
Hityala Venkata Reddy Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Jul-10-2008
Reported in: IV(2008)BC346
ORDERP. Swaroop Reddy, J.1. This Criminal Petition under Section 482, Cr.P.C. is filed by the petitioner-de facto complainant seeking to quash the order dated 18.2.2008 passed by the learned Judicial Magistrate of First Class, Narsampet, Warangal District in Criminal M.P. No. 755 of 2007 in C.C. No. 96 of 2004 and consequently direct respondent Nos. 3 and 4-accused Nos. 2 and 3 to appear before the trial Court on the next date of hearing.2. The main grievance of the de facto complainant is that accused Nos. 2 and 3 are not appearing before the trial Court.3. Trial Court issued summons to accused Nos. 2 and 3, but they did not attend. Then issued non-bailable warrants, which were also not executed. On that, petitioner filed Criminal M.P. No. 672 of 2007 for appointment of Advocate Commissioner for execution of NBWs.At that stage, accused Nos. 2 and 3 filed Criminal M.P. No. 755 of 2007 without appearing in person and sought to recall of NBWs and requested to dispense with their personal...
Public Prosecutor, High Court of A.P. Vs. Basireddy Verma Reddy
Court: Andhra Pradesh
Decided on: Jul-10-2008
Reported in: 2008(2)ALD(Cri)570; 2008(3)ALT(Cri)199; 2009CriLJ840
1. This matter is before us, on a comprehensive reference by a learned Single Judge of this Court, from which the following issues can be made out.(1) Whether the Lok Adalat can be equated to 'Court' referred to Sub-section (2) of Section 320 Cr.P.C.?(2) Whether an offence which is exclusively triable by a Court of Sessions, though at the stage of P.R.C., can be compounded by a Court presided over by a Magistrate; even assuming that the answer to the first issue is in affirmative?2. The facts, in brief, that led to the present reference, by the learned Single Judge, for better appreciation, are extracted hereunder:Accused was charge sheeted for the offence punishable under Section 354 of the Indian Penal Code (for brevity 'I.P.C.,') and the same was numbered as P.R.C. No. 40 of 2001 on the file of Additional Judicial Magistrate of First Class, Kadiri, and was pending. At that stage, at the instance of one of the parties, the matter had been referred to Lok Adalat, where the matter was ...
Super Spinning Mills Limited Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Jul-10-2008
Reported in: (2009)25VST234(AP)
ORDERRamesh Ranganathan, J.1. These tax revision cases are preferred against the common order of the Sales Tax Appellate Tribunal, Hyderabad, in T. A. Nos. 561 and 562 of 1995 dated January 16, 1998.2. The short question which arises for consideration before this Court is whether the Tribunal was right in holding that blended cotton yarn is not cotton yarn and is therefore covered by entry No. 165 of the First Schedule and not entry 10 of the Third Schedule to the Andhra Pradesh General Sales Tax Act, 1957 ?3. Cotton yarn sold by the petitioner is admittedly, blended with cellulosic fibre content ranging from 10 to 14 per cent in weight. It is the case of the petitioner both before the Tribunal, and before this Court, that the mere fact that cotton yarn was blended with non-cellulosic fibre content ranging from 10 to 14 per cent would not result in its ceasing to be cotton yarn, that the said product continued to remain cotton yarn and was liable to be taxed only at four per cent under...
The Director of Health, Vs. Dr. P. Veerabhadra Rao,
Court: Andhra Pradesh
Decided on: Jul-09-2008
Reported in: 2008(5)ALD652; 2008(4)ALT744
ORDERC.V. Ramulu, J.1. In all these Writ Petitions, common questions of law and fact arise for consideration; therefore, they are being disposed of by this common Order.2. The Writ Petitions are directed against Orders dated 13-12-2006 made in O.A. No. 5655 of 2006, dated 14-7-2006 in O.A. No. 4312 of 2006 and dated 18-1-2007 in O.A. No. 5742 of 2006 on the file of Andhra Pradesh Administrative Tribunal at Hyderabad, whereunder the applications filed by the respondents herein complaining as to non-extension of the benefits under G.O.Ms. No. 145, General Administration (Services-D) Department, dated 15-6-2004, were allowed and the respondents therein were directed to include the name of the applicants for the panel year subsequent to the year 2003-04 for effecting promotion to the post of Deputy Civil Surgeon.3. The respondents, when they were promoted to the post of Deputy Civil Surgeon in the Health Department of Government of Andhra Pradesh, have either declined promotion or did not ...
Anikotti Joseph Binoy (A-1) S/O. Joseph Anikotti and anr. Vs. State of ...
Court: Andhra Pradesh
Decided on: Jul-09-2008
Reported in: 2008(3)ALD(Cri)340; 2008(3)ALT(Cri)75
Gopala Krishna Tamada, J.1. Appellants were tried as A-1 and A-2 by the learned I Additional Sessions Judge, Khammam in S.C. No. 11 of 2007 for the offence punishable under Section 8(c) read with Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act'). Having considered the evidence of PWs.1 to 6 and Exs.P1 to P11 and M.Os.1 to 3, the learned Additional Sessions Judge found the appellants guilty of the said offence and accordingly convicted and sentenced them to undergo rigorous imprisonment for a period of ten years each and also to pay a fine of Rs. 1,000/- each, in default to suffer simple imprisonment for a period of six months each. Assailing the said judgment dated 31-01-2008 this appeal has been preferred.2. The substance of the charge is that on 29-03-2007 at about 11-00 A.M. at A.P. Genco check post, the appellants were found in possession of 90 Ganja packets weighing about 100 Kgs. while transporting the same by Mahendra Marshal Royal...
V.G. Padma Bai and ors. Vs. R. Jagannadha Rao (Died) by Lrs.
Court: Andhra Pradesh
Decided on: Jul-09-2008
Reported in: 2008(5)ALD580; 2008(6)ALT1
ORDERV.V.S. Rao, J.1. Aggrieved by reversing order of learned Chief Judge, City Small Causes Court, in R.A. No. 583 of 1993, dated 23.12.1996, Smt. V.G. Padma Bai and her three children filed present revision petition under Section 22 of Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 ('the Act', for brevity).2. The uncontroverted fact of the matter is that R. Jagannadha Rao is owner of residential premises bearing No. 7-1-178 situated at Moosakhan Bazar, Secunderabad. The same was let out to one C.S. Naidu on a monthly rent of Rs. 200/-. First petitioner is daughter of C.S. Naidu. She statedly joined her father in tenanted premises after death of her husband Pattabhiram Naidu. After death of C.S. Naidu, petitioners filed R.C. No. 155 of 1990 under Section 8(5) of the Act seeking permission to deposit rent in the Court. They alleged that landlord, Jagannadha Rao, refused to accept rent in spite of petitioners continued to be tenants. Petition was opposed inter ali...
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