Andhra Pradesh Court July 2008 Judgments
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Mohd. Shabbir HussaIn Khan Vs. Ram Prakash Chopra and ors.
Court: Andhra Pradesh
Decided on: Jul-16-2008
Reported in: 2008(5)ALD328; 2008(5)ALT112
ORDERP.S. Narayana, J.1. Since both the civil revision petitions are between the same parties and questions involved also being the same, they are being disposed of by this common order.2. Heard Sri Shyam S. Agarwal, learned Counsel for the revision petitioner, and Sri K. Ramesh representing Sri K. Panduranga Rao, learned Counsel for the respondents, in both the civil revision petitions.3. Sri Shyam S. Agarwal, learned Counsel for the revision petitioner, would submit that today the learned Counsel received a Pay Order for Rs. 14,000/- i.e., Rs. 7,000 + 7,000/- relating to these civil revision petitions. The learned Counsel also would maintain that in the light of the clear language of Order 15-A of the Code of Civil Procedure, A.P. Amendment, instead of giving suitable directions, dismissing the applications by the learned I-Senior Civil Judge, City Civil Court, Hyderabad, is illegal and unjust. Learned Counsel also would maintain that, in fact, a request was made on behalf of the res...
Pulipati Raja Rao Vs. Venigandla Radha Krishna
Court: Andhra Pradesh
Decided on: Jul-16-2008
Reported in: 2008(5)ALD467
ORDERP.S. Narayana, J.1. Heard Sri P. Thirumala Rao, Counsel representing the petitioner and Sri G. Vijayababu, Counsel representing the respondent.2. The civil revision petition is filed by the revision petitioner aggrieved by the decree and judgment dated 3.11.2004 in AS No. 46 of 2002 on the file of the XI Additional District Judge (Fast Track Court), Guntur, confirming the decree and judgment dated 18.2.2000 made in OS No. 128 of 1999 on the file of the Principal Junior Civil Judge, Mangalagiri, and the same was instituted under summary procedure for recovery of Rs. 19,066/- being the principal and interest due under a promissory note dated 17.6.1996 said to have been executed by the revision petitioner-defendant in favour of the respondent-plaintiff for Rs. 10,000/- agreeing to repay with interest at 24% with yearly compounding and for costs.3. The Court of the first instance for non-compliance of the condition imposed while granting leave to deposit 1/3rd of the suit amount, whil...
T. Gopal Rao Vs. Andhra Bank and ors.
Court: Andhra Pradesh
Decided on: Jul-16-2008
Reported in: 2008(5)ALD419
ORDERL. Narasimha Reddy, J.1. The petitioner joined the service of Andhra Bank as a Clerk on 30.6.1986. Vide orders, dated 2.1.2002, he was promoted to J.M.G.S-I and was transferred from Guntur to Dowdepally in Karimnagar District.2. Disciplinary proceedings were initiated against the petitioner by serving a charge-sheet, dated 22.6.2003, alleging that he committed irregularities in purchase of cheques, has drawn festival advance more than once, and got enhanced the limits of his housing loan. The petitioner submitted his explanation denying the charges. Thereupon, the third respondent appointed an Enquiry Officer. After conducting domestic enquiry, the Enquiry Officer submitted a report holding that charge No. 1 is proved and charge Nos. 2 and 3 are not proved. The third respondent differed with the findings recorded by the Enquiry Officer on charge Nos. 2 and 3 and issued a show-cause notice, dated 14.1.2004, to the petitioner. The petitioner submitted his explanation and on a consid...
Ram Agarwal S/O Mohanlal Agarwal Vs. B. Jagannath Rao S/O B. Sudhakar ...
Court: Andhra Pradesh
Decided on: Jul-15-2008
Reported in: 2008(5)ALD294; 2008(6)ALT96
ORDERP.S. Narayana, J.1. The Civil Revision Petition was admitted on 19-4-2008 and in C.R.P.M.P. No. 2166/2008 interim stay had been granted.2. The unsuccessful petitioner-defendant in LA. No. 1163/2007 in O.S. No. 2050/2006 aggrieved by the order made by the II-Senior Civil Judge, City Civil Court, Hyderabad dt. 13-3-2008, dismissing the application filed by him under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure (hereinafter in short referred to as 'the Code' for the purpose of convenience), had preferred the present Civil Revision Petition under Article 227 of the Constitution of India.3. Sri Murlinarayan Bung, the learned Counsel representing the Revision Petitioner would maintain that the view expressed by the learned II-Senior Civil Judge, City Civil Court, Hyderabad, that the effect of allowing the proposed amendment would amount to withdrawal of the admissions cannot be sustained. The learned Counsel also would maintain that in the written statement alwa...
Aruna Manure Works Vs. the State of Andhra Pradesh Rep. by the State R ...
Court: Andhra Pradesh
Decided on: Jul-15-2008
Reported in: (2009)19VST402(AP)
ORDERRamesh Ranganathan, J.1. This revision is preferred against the order of the Sales Tax Appellate Tribunal (STAT), Hyderabad in T.A. No. 642 of 1993 dated 12.12.1994.2. The petitioner is a dealer carrying on business in bone meal at Khammam. The Commercial Tax Officer, by order dated 20.3.1989, completed assessment for the year 1986-87 determining the net turnover of the assessee at Rs. 1,96,636/- duly granting him exemption on a turnover of Rs. 26,06,922-95. The said order was revised by the Deputy Commissioner (Commercial Taxes) and the turnover relating to bones, bone sinews and bone meal was brought to tax under Section 6-A of the A.P. General Sales Tax Act, (hereinafter referred to as 'APGST Act'), on the ground that the aforesaid commodities, including crushed bones, were different from raw bones and that such purchases made from un-registered dealers was liable to tax.3. Aggrieved thereby, the petitioner herein preferred an appeal and the STAT, by its order dated 12.12.1994 ...
Y. Mohana Rao and ors. Vs. Bharat Sanchar Nigam Ltd. and ors.
Court: Andhra Pradesh
Decided on: Jul-15-2008
Reported in: 2008(5)ALD422; 2008(5)ALT241
L. Narasimha Reddy, J.1. Bharat Sanchar Nigam Limited (BSNL), the 1st respondent herein, issued an amended Transfer Policy, on 7.5.2008, for being followed, while effecting transfers of different categories of employees. The petitioners are employees of Group-B category of the BSNL. They feel aggrieved by Clauses 11(d) and 12(i) of the Transfer Policy.2. The petitioners were initially working in Group-C category. In the recent past, they were promoted to Group-B, for which the unit of appointment and seniority is Secondary Switching Area (SSA). SSAs are said to be almost coextensive with the revenue districts in the State. All of them were given postings in Group-B, within the same SSAs.3. The stay, or tenure of an employee at a particular unit of appointment, such as SSA circle, becomes an important factor, to identify an employee, for transfer to another place or unit. Clauses 11(d) and 12(i) of the Transfer Policy direct that while reckoning the tenure of an employee at SSA, the ser...
Singamsetty Varalakshmamma and anr. Vs. Cherukuru Janardhana Reddy
Court: Andhra Pradesh
Decided on: Jul-15-2008
Reported in: AIR2009AP24; 2008(6)ALD340
ORDERGopala Krishna Tamada, J.1. This revision is directed against the order dated 1.11.2007 passed in IA No. 380 of 2007 in SC No. 31 of 2004 on the file of the Court of the Senior Civil Judge, Gudur, whereby, the learned Senior Civil Judge dismissed the application filed by the petitioners/defendants under Article 6(B) of Schedule I-A of the Indian Stamp Act, 1899 (for short 'the Act') read with Section 151 of the Code of Civil Procedure, 1908.2. Brief facts are that the respondent herein instituted the said suit against the petitioners for recovery of advance amount of Rs. 10,000/- paid by her pursuant to an agreement of sale dated 14.12.2002. During the course of trial, the said agreement was marked as an exhibit and at that juncture, the petitioners herein took an objection that the said agreement is inadmissible in evidence as it is not properly stamped. According to the petitioners, as the total consideration is Rs. 24,00,000/-, the agreement of sale ought to have been executed ...
New India Assurance Company Ltd. Rep. by Its Divisional Manager Vs. K. ...
Court: Andhra Pradesh
Decided on: Jul-15-2008
Reported in: 2009ACJ2349; 2008(6)ALT561
C.Y. Somayajulu, J.1. As all these appeals arise out of the claim petitions filed in connection with the same accident, they are being disposed of by a common Judgment.2. The claimants in all the claim petitions, filed under the provisions of the Motor Vehicles Act, 1988 (for 'the Act') before the Tribunal, out of which these appeals arise, are either the victims or the Legal Representatives of the victims who died in the accident caused by a lorry bearing No. AAK 6759 due to the rash and negligent driving of its driver.3. The claim petitions were filed by the injured seeking compensation for the injuries sustained by them and the Legal Representatives of the deceased victims filed claim petition seeking compensation for the death of the victims in the accident. The owner of the lorry chose to remain ex parte in all the claim petitions. The Insurer, who filed all these appeals, contested the claim petitions mainly on the ground that it is not liable to pay the compensation payable to t...
G. Ravindranath Vs. Anantapur District Co-operative Central Bank Ltd.
Court: Andhra Pradesh
Decided on: Jul-15-2008
Reported in: 2008(6)ALD161; 2008(5)ALT621
L. Narasimha Reddy, J. 1. The petitioner was appointed as a Messenger in the Kalyandurg Branch of Anantapur District Cooperative Central Bank Limited, the respondent herein. On finding that he held requisite qualifications, he was entrusted with the duties of Cashier, by paying additional remuneration. A sum of Rs. 15 lakhs was drawn by the Branch Manager of Kalyandurg, from the Head Office on 31.8.2004, for disbursement to the beneficiaries of Crop Insurance Scheme. However, the amount was not paid to the beneficiaries. A preliminary inquiry was conducted, and on the basis of the findings therein, a charge-sheet was issued to the petitioner, on 27.7.2005. On a consideration of the explanation submitted by the petitioner, an Inquiry Officer was appointed. He submitted a report dated 24.8.2005. The Appointing Authority accepted the report of the Inquiry Officer and issued a show-cause notice to the petitioner. Ultimately through proceedings dated 29.6.2006, the respondent terminated the...
Mungamuru Srinivasulu Reddy Vs. Sowdagar Ifjanullah Khan
Court: Andhra Pradesh
Decided on: Jul-14-2008
Reported in: 2008(5)ALD444; 2008(6)ALT273
P.S. Narayana, J.1. On 31.5.2006 the second appeal was admitted on the strength of the substantial questions of law raised in ground No. 2 (a) and (b) which read as hereunder:(a) Whether the civil court has got jurisdiction to try the suit filed by the respondent for eviction from the plaint schedule property in which admittedly a structure was existing at the time of leasing out the premises and the rent payable is Respondents.1,000/- per month?(b) Whether the jurisdiction of the civil court is not excluded in respect of the premises fetching a rent not exceeding Respondents.1,000/- situated in Nellore Municipality under the provisions of A.P. Buildings (Lease, Rent & Eviction) Control Act, 1960?2. S.A.M.P. No. 1932 of 2007 is filed by the appellant under Section 148 read with Section 151 of Code of Civil Procedure, praying for enlargement of time for depositing rents as directed in S.A.M.P. No. 1268 of 2006 in S.A. No. 537 of 2006, dated 31.5.2006, as made absolute in S.A.M.P. No. 80...
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