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Andhra Pradesh Court July 2008 Judgments

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Jul 25 2008

Rahatunnisa Vs. Md. Saber Ali Khan and ors.

Court: Andhra Pradesh

Decided on: Jul-25-2008

Reported in: 2008(5)ALD615; 2009(1)ALT284

L. Narasimha Reddy, J.1. The 1st respondent filed O.S. No. 364 of 1981, in the Court of Principal District Munsif, Warangal, for the relief of declaration of title and recovery of possession of the suit schedule property. The suit was decreed on 7.8.1981. After the decree became final, the 1st respondent filed E.P. No. 41 of 1992.2. The appellant, who is a third party, filed E.A. No. 401 of 2007, under Rule 58, read with 97 of Order XXI CPC. She impleaded respondents 2 to 6, who are the legal heirs of the defendant/judgment-debtor, also. According to her, the suit schedule property was purchased by her father from one Mr. Mushaq Hussain, in the year 1960, and in the year 1973, he made a oral Hiba, in favour of the appellant. It was stated that when respondents 2 to 6 raised dispute, in the year 1975, as regards the suit schedule property, it was settled thereafter. She has also 'stated that when at a later stage respondents 2 to 6 raised dispute, she filed OS No. 151 of 2007, in the Co...


Jul 25 2008

Kairam Laxminarsaiah and anr. Vs. Land Acquisition Officer-cum-revenue ...

Court: Andhra Pradesh

Decided on: Jul-25-2008

Reported in: 2008(6)ALD44

ORDERC.V. Nagarjuna Reddy, J.1. This writ petition illustrates the apathy of executive apparatus in meeting the legitimate demands of the people who were deprived of their lands without paying compensation to them but enriching those who were unconcerned with the properties taken over by the respondents for execution of a road work.2. The petitioners are the owners of lands admeasuring Ac.1.23 guntas and Ac.0.20 guntas in Survey Nos. 37 and 33 of Kalamadugu Village, Jannaram Mandal, Adilabad District respectively. On the ground that the said lands were utilized for formation of road, the petitioners approached the respondents for payment of compensation. As their request went unheeded, they filed Writ Petition No. 18855 of 1999 in this Court. In the counter-affidavit filed in the said writ petition, it was admitted that on the representation made by petitioner No. 1, the Mandal Revenue Officer, Jannaram was asked to get the lands demarcated and it was found by the Assistant Director, S...


Jul 25 2008

Andhra Pradesh Lpg Dealers Association Vs. Union of India (Uoi) Rep. b ...

Court: Andhra Pradesh

Decided on: Jul-25-2008

Reported in: 2009(1)ALT268

ORDERGoda Raghuram, J.1. Heard Sri N. Subba Reddy, the learned senior counsel instructed by Sri K. Ananda Rao, the learned Counsel for some of the petitioners; M/s P. Venugopal, M.V. Rajaram, Srinivas Dammalapati, K. Bheema Rao, V. Venugopala Rao, L. Prabhakar Reddy, K. Vasudeva Reddy and P. Shiv Kumar, the learned Counsel for other petitioners in this batch of Writ Petitions. M/s. P.V. Sanjay Kumar, the learned Counsel for Hindusthan Petroleum Corporation Limited and Indian Oil Corporation Limited; O. Manohar Reddy, the learned Counsel for Bharath Petroleum Corporation Limited; A. Rajashekar Reddy, the learned Assistant Solicitor General for Union of India wherever impleaded; the learned Government Pleaders for Revenue and for Civil Supplies for the official respondents and other learned Counsel -M/s. K. Venkateshwarlu, Deepak Bhattacharjee, P.S.P. Suresh Kumar, B. Sreehari, B. Narayana Reddy, P.V. Sanjeeva Rao, Arun Yalagiri, Ckhayanam Ravindranath, K. Kishor Kumar Reddy, A. Rajitha,...


Jul 25 2008

V. Dharma Raju, Ex. Constable/C.i.S.F. Vs. Inspector General (S.W.S.), ...

Court: Andhra Pradesh

Decided on: Jul-25-2008

Reported in: 2009(2)ALT71

ORDERRamesh Ranganathan, J.1. This writ petition is filed questioning the order of the 2nd respondent dated 05.02.1998, as confirmed by the order of the 1st respondent dated 03.09.1998 and a direction is sought to quash both the orders.2. By his Order dated 05.02.1998, the 2nd respondent-Deputy Inspector General, Central Industrial Security Force (S.Z.) imposed on the petitioner the penalty of dismissal from service. Aggrieved thereby, the petitioner preferred an appeal and the 1st respondent-Inspector General (S.W.S), vide proceedings dated 03.09.1998, rejected the appeal on the ground that it was devoid of merits both in fact and in law.3. The petitioner, a constable in 'A' Coy, C.I.S.F. Unit, Visakhapatnam Port Trust, Visakhapatnam, was issued charge memo dated 30.08.1997 on the following charges:(i) That CISF No. 854510083 Constable V. Dharma Raju of 'A' Coy, CISF Unit, VPT, Visakhapatnam had left his H-8 duty post alongwith CISF No. 854510117 Constable D. Rushikesava Reddy and wen...


Jul 25 2008

In Re: Teck-men Tools (P.) Ltd.

Court: Andhra Pradesh

Decided on: Jul-25-2008

Reported in: [2009]150CompCas800(AP); [2009]92SCL59(AP)

ORDERRamesh Ranganathan, J.1. These three petitions are filed seeking sanction of this Court to the proposed Scheme of arrangement between the transferor company Teck-men Tools (P.) Ltd., (hereinafter referred to as 'TTPL'), the Transferee company Mold-Tek Technologies Ltd., (hereinafter referred to as 'MTL'), and the resulting company Mold-Tek Plastics Ltd., (hereinafter referred to as 'MPL') and their respective shareholders for amalgamation from the appointed date i.e., 1-10-2006 and for demerger from 1-4-2007.2. TTPL was incorporated under the Companies Act, 1956 on 27-8-1990 and its registered office is situated at Hyderabad. Its authorized capital is Rs. 48,00,000 divided into 4,80,000 equity shares of Rs. 10 each. Its issued, subscribed and paid-up capital is Rs. 24,00,000 consisting of 2,40,000 equity shares of Rs. 10 each. The objects for which TTPL was incorporated is to manufacture, prepare, process, represent, buy and sell, resell, export and market, deal in all kinds of pl...


Jul 24 2008

Sports Authority of Andhra Pradesh Rep. by Its Vice Chairman and Manag ...

Court: Andhra Pradesh

Decided on: Jul-24-2008

Reported in: 2008(6)ALD759; 2009(1)ALT280

ORDERP.S. Narayana, J.1. By the order dated 29.02.2008, this Court admitted the civil revision petition and granted interim stay in CRP MP No. 1016 of 2008. In CRP MP No. 1998 of 2008 in CRP MP No. 1016 of 2008 by the order dated 02.05.2008 the said interim stay was made absolute.2. Sri V.Ch. Naidu, the learned Counsel representing the revision petitioner would maintain that the impugned order is self-contradictory. A perusal of the second part of the order shows that there is a direction to furnish security for Rs. 17,89,052/- and further it is directed to show cause as to why the revision petitioner shall not be directed to furnish security and that, if the revision petitioner fails to furnish security, there shall be attachment of items 1 to 5 of the schedule after giving five hours time. The learned Counsel would also maintain that none of the ingredients to be satisfied under Order 38 Rule 5 of the Code of Civil Procedure, 1908 (for short - 'the Code'), had been satisfied. The lea...


Jul 24 2008

Bhupathi Varalamma Vs. Joint Director and ors.

Court: Andhra Pradesh

Decided on: Jul-24-2008

Reported in: 2008(5)ALD676

ORDERC.V. Nagarjuna Reddy, J.1. This writ petition is filed for a writ of mandamus to set aside proceedings dated 21.4.2000 issued by respondent No. 1.2. At the hearing, there is no representation for the petitioner and respondent No. 4. Heard the learned Assistant Government Pleader for Revenue for respondents 1 to 3 and perused the record.The petitioner, who claimed to have purchased extents of Ac.0.78 cents and Ac.0.22 cents in R.S. Nos. 578/1 and 578/3 respectively of Kodur Village from respondent No. 4 and his father under an agreement of sale dated 9.4.1980, for a consideration of Rs. 6,500/- approached respondent No. 3 for grant of pattadar passbook and title deed in her favour vide her application dated 26.3.1998. After issuing notice to respondent No. 4, his father having already died, respondent No. 3 addressed a letter to the Sub-Registrar, Avanigadda to furnish a report on the stamp duty and registration fees for the purpose of validation of agreement of sale which was foun...


Jul 24 2008

M. Vimala Vs. Director of School Education and ors.

Court: Andhra Pradesh

Decided on: Jul-24-2008

Reported in: 2008(5)ALD670

ORDERL. Narasimha Reddy, J.1. The petitioner was appointed as a teacher on ad hoc basis in Bharatiya Vidya Bhavan's Public School, Jubilee Hills, Hyderabad, 2nd respondent herein, on 22.6.2003. With short breaks, she was issued orders of reappointment in 2004 and 2005 and was being paid salary on consolidated basis. The 2nd respondent issued orders, dated 25.1.2006, placing the petitioner under probation, for a period of one year, with effect from 1.1.2006, in the pay scale of Rs. 4,500-125-7,000/-. It was also mentioned that the probation would be initially till 31.12.2006 and shall not be effective thereafter, unless any fresh order is issued extending the probation. Some correspondence ensued between the petitioner and the 2nd respondent as to the genuinity of the certificates of qualifications submitted by her. Through an order, dated 7.3.2007, the 2nd respondent informed the petitioner that she is allowed to continue as Primary Grade Teacher upto the end of the academic year 2006-...


Jul 24 2008

Balagoni Siva Prasad Vs. Union of India (Uoi) Rep. by General Manager, ...

Court: Andhra Pradesh

Decided on: Jul-24-2008

Reported in: 2009ACJ1332; 2008(5)ALT605

G.V. Seethapathy, J.1. This appeal is directed against the order dated 10-11-2006 in O.A.A. No. 45 of 2004 on the file of Railway Claims Tribunal, Secunderabad, wherein the claim of the appellant herein for compensation, was dismissed.2. Heard both sides. Perused the records.3. The appellant herein filed claim application before the Tribunal seeking compensation of Rs. 4,00,000/- under Section 124-A and 125 of the Railways Act (for short 'the Act') for the injuries sustained by him in an untoward incident of accidental fall. According to him on 20-02-2004 while he was travelling by 170 (Push-Pull Train) between Mahaboobabad and Warangal, he accidentally fell down from running train due to sudden jerks and jolts while train was passing between Tallapusalapalle and Intikanne Railway stations and both his legs were cut in the middle of the thigh and left hand was cut at arm, as the wheels of train passed over them. He was travelling with a valid ticket from Mahaboobabad to Warangal.4. The...


Jul 24 2008

Lellapalli Sakuntala (Died) Per Lrs Vs. Vedantam Seethamahalakshmi and ...

Court: Andhra Pradesh

Decided on: Jul-24-2008

Reported in: 2008(6)ALT113

ORDERV.V.S. Rao, J.1. This is plaintiff's appeal against the judgment and decree of lower Court dismissing the suit for partition based on unregistered Will.2. Lellapalli Sriramulu was medium farmer of Chittavaram village, near Narsapur town in West Godavari District. Seetaramaswamy and Radhakrishna Murthy are sons and Seetamahalakshmi and Balatripura Sundari are daughters of Sriramulu. Long prior to 1976, there was a partition between father and his two sons, in which Sriramulu got agricultural lands and tiled house. On 12.01.1976, Sriramulu executed a registered Will. Under this Will, he gave some property to two daughters, the eldest son and the wife of second son. Some time thereafter, he suffered paralysis. He was treated at Dr. Keshava Rao Hospital at Narsapur, during which either his two daughters or second daughter-in-law looked after him. After discharge from hospital, he spent his convalescence period at the house of second son at Narsapur, who statedly sold his share of prop...


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