Andhra Pradesh Court July 2008 Judgments
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Manda Laxmi Rajam Vs. Kanaparthi Laxmi Bai @ Laxmi and ors.
Court: Andhra Pradesh
Decided on: Jul-03-2008
Reported in: AIR2008AP255; 2008(5)ALD279; 2008(5)ALT222
ORDERG. Yethirajulu, J.1. This revision petition has been filed by the third defendant in OS No. 230 of 2001 on the file of the Junior Civil Judge, Peddapalli against the orders of the said Court, dated 13.2.2008.2. The plaintiff filed the suit for perpetual injunction. During the course of evidence, DW. 1 was examined and through him, the defendants sought to mark a xerox copy of an unregistered sale deed. The plaintiff's Counsel raised an objection that the document is not properly stamped; that it is an unregistered document; that the document is not properly visible and that it is not admissible in evidence, therefore, it shall not be marked. After hearing both parties, the Court passed the following order:The document executed by DW.1 as Ex.B11 is seems to be a Xerox copy said to be executed on a Non-Judl. Stamp paper of Rs. 20/-. The said document said to be executed on 13.11.1991, but the stamp paper purchased on 13.1.1992, further it is the contention of DW.1 that he handed ove...
Tanuku Subash Chandra Bose Vs. Non-conventional Energy Development Cor ...
Court: Andhra Pradesh
Decided on: Jul-03-2008
Reported in: 2008(5)ALD679
ORDERL. Narasimha Reddy, J.1. The petitioner challenges the order, dated 7.6.2008, issued by the 1st respondent, declaring the 4th respondent as senior to him in the post of Deputy General Manager (DGM).2. The petitioner and the 4th respondent were appointed as Development Officers in the 1st respondent-organization, on regular basis, with effect from 2.6.1984 and 16.4.1984 respectively. Both of them were promoted to the category of Assistant Manager/District Manager vide orders, dated 31.5.1999. They earned promotion as Manager (T) on the same day i.e., 1.8.2003. The claim as to seniority between them was resolved by this Court in a writ appeal, declaring that the 4th respondent is senior to the petitioner.Two posts of Deputy General Manager fell vacant in the 1st respondent-organization. The Board of Directors passed a resolution, dated 8.8.2005, according approval for promotion of the petitioner as well as the 4th respondent. A rider, however, was added to the effect that the promot...
S. Kishore Kumar Goud and Three ors. Vs. the State of A.P., Represente ...
Court: Andhra Pradesh
Decided on: Jul-02-2008
Reported in: 2008(2)ALD(Cri)221; 2008(3)ALT(Cri)33
G. Yethirajulu, J.1. This is a revision case filed by the accused in Sessions Case No. 170 of 2007 on the file of the I Additional Sessions Judge, Kurnool.2. During the pendency of the Sessions Case, the petitioners filed Criminal M.P. No. 74 of 2008 under Section 126 of the Indian Evidence Act seeking an order restraining the prosecution from examining a prosecution witness by name J.Jeevan Kumar and not to mark the alleged disclosure statement of A1 recorded by him on 14-06-2005. 3. The brief facts of the case are as follows:The deceased was an Executive Engineer. He retired from the service. He used to reside with his wife in his own house in Balaji Nagar, Kurnool. After the retirement, the deceased engaged A1 as his car driver. The deceased and his wife sold their lands and realized huge amounts, which were kept by them in a bank in the fixed deposits. A1 on coming to know about the huge amounts deposited in the bank, conspired with the other accused to abduct the deceased for a ra...
Smt. Bhukya Aruna Vs. Arks Cold Storage (P) Limited, Rep. by Its Manag ...
Court: Andhra Pradesh
Decided on: Jul-02-2008
Reported in: AIR2008AP155; 2008(5)ALD53; 2008(4)ALT696
P.S. Narayana, J.1. While admitting the civil revision petition this Court in C.R.P.M.P.No.2041 of 2008 directed both the parties to maintain status quo as on the said date till further orders. Respondent in the civil revision petition filed C.R.P.M.P.No.2914 of 2008 to vacate the interim order.2. Though the matter is coming up at interlocutory stage, both the senior counsel Sri Prakash Reddy and Sri Malla Reddy representing the parties made a request for final disposal of the civil revision petition itself. Hence, the civil revision petition was finally heard and being disposed of by this Court .3. Sri Prakash Reddy, learned Counsel representing the revision petitioner would maintain that here is a case where the court of first instance, in the light of Exs.A-1 to A-3, came to the conclusion that the plaintiff made out a prima facie case and balance of convenience is in favour of the plaintiff and granted interim relief. The learned senior counsel also would maintain that since the re...
Prathap Jungle Resorts Private Limited Rep. by Its Director Sri D. Pra ...
Court: Andhra Pradesh
Decided on: Jul-02-2008
Reported in: 2008(4)ALT794
ORDERGoda Raghuram, J.1. Heard Sri K. Ramakrishna Reddy, the learned Senior Counsel instructed by Sri B. Mahendra Reddy for the petitioner in W.P. No. 23830 of 2005, Sri D. Prakash Reddy, the learned Senior Counsel instructed by Sri D.B. Reddy for the petitioners in W.P. No. 20104 of 2005, other learned Counsel for the petitioners in the other writ petitions and the learned Advocate General for the respondents in the several writ petitions.2. The petitioners assail the order of the Joint Collector, Ranga Reddy district-first respondent, in Case No. D-5/2658/01 dated 25-08-2005 whereby the second respondent-the Mandal Revenue Officer, Rajendra Nagar was directed to rectify the entries under Section 166(B) of the A.P. (Telangana Area) Land Revenue Act, 1317 Fasli.3. The petitioners claim to be owners and to be in possession of specified extents of land in distinct portions of survey Nos. 65/1 to 65/33 of Khanapur village, Rajendranagar Mandal, Ranga Reddy district. They claim to have pur...
D. Baliram Naik Vs. Girijan Co-operative Corporation Ltd. and anr.
Court: Andhra Pradesh
Decided on: Jul-02-2008
Reported in: 2008(5)ALD412; 2008(6)ALT190
ORDERL. Narasimha Reddy, J.1. The petitioner is employed as Credit-cum-Procurement Assistant, in the Girijan Co-operative Corporation Limited, the 1st respondent herein. A show-cause notice dated 6.9.2005 was issued to him, alleging that he was responsible in procuring adulterated honey, on account of which, the Corporation sustained loss of Rs. 48,300/-. The petitioner was directed to explain as to why disciplinary action shall not be taken against him, apart from recovering the amount, mentioned above. The petitioner submitted his explanation. Not being satisfied with that, the 1st respondent passed an order, dated 4.2.2006, directing recovery of a sum of Rs. 48,300/- from the salary of the petitioner, in 24 monthly instalments. The same is challenged in this writ petition.2. The petitioner contends that whatever may have been the justification for the respondents, in initiating disciplinary proceedings, they ought to have followed the procedure prescribed under the A.P. Co-operative...
K. Masthan Rao and anr. Vs. Land Acquisition Officer-cum-revenue Divis ...
Court: Andhra Pradesh
Decided on: Jul-02-2008
Reported in: 2008(5)ALD339; 2008(6)ALT318
ORDERC.V. Nagarjuna Reddy, J.1. A hopelessly belated claim made by the petitioners for reference of a purported dispute under Section 18 of the Land Acquisition Act, 1894 (for short, 'the Act'), having not been responded to by the respondents, the present writ petition is filed, wherein the petitioners have sought for a writ of mandamus to declare the inaction of the respondents in referring the dispute under Section 18 of the Act.2. This writ petition is concerned with an extent of Ac. 1.91 cents in Sy. No. 94/5 of Annavarappadu Village, Ongole, Prakasam District. Wholly vague and inaccurate pleadings contained in the affidavit of the petitioners, notwithstanding, it could be culled out from the contents of the counter-affidavit of respondent No. 1 that following the notification issued under Section 4(1) and declaration made under Section 6 of the Act, an award enquiry was conducted on 28.2.1976. It is admitted by the petitioners in their additional affidavit that their father, late ...
Mekala Ramasubbaiah Vs. Potula Yesepu and ors.
Court: Andhra Pradesh
Decided on: Jul-02-2008
Reported in: 2008(5)ALD333; 2008(5)ALT165
ORDERP.S. Narayana, J.1. This Court ordered Notice Before Admission on 13.3.2008 and granted interim stay for a limited period, which is being extended from time to time. Sri Balagopal entered appearance on behalf of the respondents.2. The respondents in the revision petition filed CMP No. 3057 of 2008 with a prayer to vacate the interim stay granted by this Court. At the stage of hearing of the application to vacate the interim stay, Sri Rathangapani Reddy, learned Counsel representing the revision petitioner and Sri Balagopal, representing the respondents made elaborate submissions and also made a further request to dispose of the revision petition itself finally. Hence, the revision petition is being disposed of finally by this Court with the consent of both the Counsel.3. Sri Rathangapani Reddy, the learned Counsel representing the revision petitioner would maintain that in the facts and circumstances of the case, the decree made by the learned Additional Senior Civil Judge, Nandya...
K. Suresh Babu Vs. Deputy General Manager, State Bank of India and ors ...
Court: Andhra Pradesh
Decided on: Jul-02-2008
Reported in: 2008(5)ALD479; 2008(5)ALT426; (2009)IILLJ382AP
ORDERL. Narasimha Reddy, J.1. The petitioner was initially appointed as a Clerk-cum-Cashier in State Bank of India, 1st respondent herein, on 1.3.1988 against a vacancy reserved for Scheduled Caste. From April 1997 onwards, he was working at Bhakrapeta Branch of Kadapa District, and was placed In-charge of Gold Loan Accounts. It is stated that there were about 1100 gold loan accounts in that Branch. On 30.5.2003, the petitioner was issued a charge-sheet, alleging that though he received a sum of Rs. 8,000/-, remitted by one M. Obaiah, to the credit of gold loan account No. AGL 14/432 and issued a receipt, he did not account for the said amount, in the books of the Branch. The petitioner denied the allegation, and departmental inquiry was conducted. The Enquiry Officer submitted a report dated 6.1.2004, holding that the charge against the petitioner is not proved. The Disciplinary Authority i.e., 2nd respondent herein passed an order, dated 19.2.2004, disagreeing with the findings of th...
K. Narayanappa Vs. A. Sreeramulu Reddy and ors.
Court: Andhra Pradesh
Decided on: Jul-02-2008
Reported in: 2008(6)ALD13
C.Y. Somayajulu, J.1. Plaintiff in a suit for declaration of title and perpetual injunction is the appellant in this second appeal. For the sake of convenience, parties to this appeal would hereinafter be referred to as they are arrayed in the trial Court.2. The suit was instituted against the defendants i.e., defendants 1 to 3. After the first defendant filed is written statement, on a petition filed for that purpose by the plaintiff, defendants 4 to 6 were brought on record.3. The case, in brief, of the plaintiff, is that his father was the owner of Ac. 1-27 cents in S. No. 718/3 of Gonumakulapalli (the suit land) and after the death of his father about two years prior to the filing of the suit, he became entitled to the suit land and hence he is in possession and enjoyment of the same from then onwards and that defendants 1 to 3, who have no right over the suit land, seem to have brought into existence a nominal and spurious sale deed, executed by defendants 2 and 3 and Akkamma in f...
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