Andhra Pradesh Court September 2008 Judgments
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M. Maremma W/O Ayyanna and Seven ors. Vs. Desai Krishnavenamma W/O Bhe ...
Court: Andhra Pradesh
Decided on: Sep-02-2008
Reported in: 2009(2)ALT89
R. Kantha Rao, J.1. This appeal is filed by the defendants in Original Suit No. 239 of 2003 on the file of the Court of the Principal Senior Civil Judge, Kurnool. The first respondent filed the suit against the appellants to declare her and her husband as the owners of the plaint schedule property and to direct the appellants to deliver possession of the same. The suit was decreed by the trial Court granting ten weeks time to the appellants to deliver vacant possession of the plaint schedule property to the first respondent.2. For the sake of convenience the parties hereinafter will be referred to as plaintiff and defendants i.e., as they were originally arrayed in the plaint.3. Briefly stated, the following are the averments of the plaint: One Draupathamma purchased the plaint schedule properties i.e., House and open space situated in Fort, Kurnool bearing H.Dr. No. Old 16/77, 16/81, New 16/97 and present door No. 67/97 in a Court auction held on 16.07.1962 in Original Suit No. 53 of ...
Anisetti Veerabhadra Rao S/O Ramulu and Vs. the State of Andhra Prades ...
Court: Andhra Pradesh
Decided on: Sep-02-2008
Reported in: 2008(2)ALD(Cri)645; 2008(3)ALT(Cri)296; 2009CriLJ730
B. Seshasayana Reddy, J.1. This Criminal Appeal is directed against the judgment dated 21-06-2006 passed in S.C.No. 93 of 2002 on the file of III Additional District and Sessions Judge, Kakinada whereby and where under the learned Additional Sessions Judge found A1-Anisetti Veerabhadra Rao and A2-Anisetti Venkata Ramana guilty for the offences under Sections 448 and 302 IPC and convicted them accordingly and sentenced each of them to suffer RI for 6 months for the offence under Section 448 IPC and imprisonment for life and pay a fine of Rs. 2,000/-, in default to suffer SI for one month for the offence under Section 302 IPC.2. Four accused persons viz., A1-Anisetti Veerabhadra Rao, A2-Anisetti Venkata Ramana, A3-Anisetti Ramulu and A4-Anisetti Sesharatnam were put on trial before the III Additional District and Sessions Judge, Kakinada for the offences punishable under Sections 448 r/w 34, 302 and 302 r/w 114 IPC. More precisely the charges framed are:Charge No. 1: Against A1 to A4 for...
Alluri Narayana Murthy Raju Vs. Dist. Collector and ors.
Court: Andhra Pradesh
Decided on: Sep-02-2008
Reported in: AIR2008AP264; 2008(6)ALD103
ORDERC.V. Nagarjuna Reddy, J.1. This writ petition is filed for a writ of Mandamus to declare the inaction on the part of the respondents in enabling the petitioner to lift sand during the lease period from 28.4.2000 to 27.4.2001 and also during the extended lease period from 28.4.2001 to 27.4.2002, as illegal. The petitioner sought for a consequential direction to respondent No. 2 to refund the bid amount of Rs. 8,35,000/- together with interest.2. The facts of the case are stated as under:In pursuance of the notification issued by respondent No. 2 on 23.12.2000 calling for tenders for auctioning the right to quarry the sand in Gostani river in Maddi Gram Panchayat, Padmanabham Mandal, Visakhapatnam District, the petitioner made his application by paying necessary E.M.D. Respondent No. 2 conducted auction on 10.4.2000 and the petitioner emerged as the highest bidder. The contract was awarded to the petitioner for Rs. 8,35,000/- per year under proceedings dated 22.4.2000. The period of...
Borlakunta Kamala and ors. Vs. Revenue Divisional Officer and ors.
Court: Andhra Pradesh
Decided on: Sep-02-2008
Reported in: 2008(6)ALD402
ORDERL. Narasimha Reddy, J.1. The petitioners in W.P. No. 18470 of 2008 are the Members and the petitioner in WP No. 18565 of 2008 is the President of the Mandal Parishad, Dharmapuri Mandal, Karimnagar District. These two writ petitions are filed, challenging the notice, dated 20.8.2008, issued by the Revenue Divisional Officer, Jagitial, in Form-V, proposing to convene a meeting on 5.9.2008, to take up the motion of no confidence against the President.2. The elections to the Mandal Parishad were held in the year 2006. Out of 21 members of the Parishad, 10 were elected from the Indian National Congress and 10 from the Telugu Desam Party. One independent was elected and the President was elected from the Indian National Congress with the support of the independent. After expiry of two years, 14 Members of the Mandal Parishad have submitted requisitions in Form-II, prescribed under the Rules made in G.O. Ms. No. 200, dated 28.4.1998, with a request to convene a meeting, to take up the mo...
Ch. Veerabhadreswara Rao and ors. Vs. Government of Andhra Pradesh and ...
Court: Andhra Pradesh
Decided on: Sep-02-2008
Reported in: 2008(6)ALD588
ORDERG. Rohini, J.1. The 1st petitioner herein is a member of the 4th respondent Co-operative Society; whereas the petitioners 2 to 8 are its employees. In the election held on 14.2.2003 one Jana Nagamallaiah was elected as President of the society. On the basis of a complaint made by the said President, the 2nd respondent ordered statutory enquiry under Section 51 of the A.P. Co-operative Societies Act, 1964 (for short, 'the Act') into the constitution, working and financial position of the 4th respondent society for the period from 1995-96 to February, 2003. Pursuant thereto, an enquiry was conducted and a report dated 14.5.2004 was submitted stating that the 1st petitioner herein who was the ex-President of the society with the help of the staff of the society misappropriated amounts in two exhibition sales. Basing on the said report, the 2nd respondent directed the 3rd respondent to take civil and criminal action against the concerned under the provisions of the Act.2. Accordingly,...
Government of India Rep. by Its Secretary, Ministry of Railways, Railw ...
Court: Andhra Pradesh
Decided on: Sep-02-2008
Reported in: 2009(1)ALT94
ORDERGhulam Mohammed, J.1. This writ petition has been filed by the Government of India seeking to issue a Writ of Certiorari calling for the records relating to the order dated 26-6-2006 rendered in O.A. No. 672 of 2003 on the file of Central Administrative Tribunal (for short 'the Tribunal), Hyderabad Bench, and quash the same.2. The respondent herein is the applicant before the Tribunal and the status of the parties will be referred to as arrayed before the Tribunal for the sake of convenience.3. The facts of the case, in a nutshell, are that the applicant was appointed initially as Lecturer with M.Sc (Chemistry), B.Ed., qualifications on 27-1-1984 and he was granted later Senior Scale on completion of 6 years of service with effect from 27-1-1990. As per 5th Pay Commission recommendations, the Career Advancement Scheme will come into force with effect from 27-1-1995 and the Pay Scale applicable to the post of Selection Grade Lecturer is Rs. 12,000-420-18,300. The respondents have g...
Bayya Guravamma and anr. Vs. Oduru Haripriya and ors.
Court: Andhra Pradesh
Decided on: Sep-02-2008
Reported in: 2009(2)ALT177
P.S. Narayana, J.Short episode:1. Nallareddy Haripriya and Nallareddy Rajesh, the then minors represented by their mother and next friend Nallareddy Madalasa instituted a suit O.S. No. 51 of 1991 on the file of the Additional Subordinate Judge, Gudur, for partition and separate possession of the plaint schedule properties by dividing the same into three equal shares and to allot two such shares to the plaintiffs and deliver possession of the same to the plaintiffs and to grant such other appropriate reliefs.2. The first defendant in the said suit is Nallareddy Balakrishna Reddy, the father of the then minor children, who instituted the suit. The second and third defendants Bayya Guravamma and Bayya Rama Rao are the purchasers. The said minors had attained majority and at present they are majors and declared as such and at present contesting the present appeal.3. Before the trial court, on the strength of the respective pleadings of the parties, issues had been settled and the learned A...
Ch. Lokanadh S/O Subbarayudu @ Gandhi Vs. District Collector,
Court: Andhra Pradesh
Decided on: Sep-01-2008
Reported in: 2008(6)ALD801
ORDERL. Narasimha Reddy, J.1. The petitioner is the owner of an extent of Acs.2.23 cents of land situated in survey No. 327/2 of Pandit Villuru Village, Podur Mandal, West Godavari District. The first respondent issued a notification, dated 27.04.2007, proposing to acquire the said land, along with two other bits of one Mr. Samayamanthula Satya Naga Venkata Subramanya Janaraja Gupta. A notice under Section 5A of the Land Acquisition Act, 1894 (for short 'the Act') inviting objections, was issued. The petitioner states that he submitted his objections within the stipulated time, and so far, no declaration under Section 6 of the Act was issued. He contends that with the expiry of one year from 24.07.2007, it becomes impermissible for the respondents to issue declaration. Reliance is placed upon 1st proviso to Sub-section (1) of Section 6 of the Act, as amended by the A.P. State Legislature.2. Sri N. Subba Rao, learned Counsel for the petitioner, submits that with the expiry of one year f...
Alind Workers Congress (Affiliated to Intuc) Rep. by Its General Secre ...
Court: Andhra Pradesh
Decided on: Sep-01-2008
Reported in: 2008(6)ALT325; [2009]147CompCas559(AP)
Ramesh Ranganathan, J.1. Would location at Hyderabad of two divisions, and the assets therein, of a Sick Industrial Company registered in the State of Kerala, and the petitioner having submitted their bid for its take-over, based on which the Board of Industrial and Financial Reconstruction, (for short 'the B.I.F.R'), had sanctioned a separate scheme, constitute 'cause of action in part', for invoking the jurisdiction of the High Court of Andhra Pradesh in a Writ Petition filed challenging the order of the Appellate Authority, (for short 'the A.A.I.F.R'), under the Sick Industrial Companies (Special Provisions) Act, 1985 (for short 'SICA'), dated 06.02.2007 setting aside the order of the B.I.F.R. dated 26.07.2005?2. An ancillary question which falls for consideration is whether, in the absence of any plea that the 'cause of action', even in part, had arisen within its territorial limits, this Court would be justified in placing reliance on the list of dates and events annexed thereto, ...
Maheshwari Builder and ors. Vs. Dr. Mohd. ShafiuddIn Junaidi and ors.
Court: Andhra Pradesh
Decided on: Sep-01-2008
Reported in: 2008(5)ALD806; 2008(6)ALT575
ORDERP.S. Narayana, J.1. Respondents in the present civil revision petition filed CMP No. 4482 of 2008 praying for vacation of interim stay granted in CRP No. 2816 of 2008 dated 11.7.2008. This Court on 11.7.2008 ordered notice before admission and granted interim suspension and on 1.8.2008 this Court admitted the civil revision petition and directed to list the matter after three weeks for filing proof of service. Though the matter is appearing under the caption of 'interlocutory', at the request of the Counsel on record Sri K.K. Wagharey, representing the revision petitioners and Sri Pratap Narayan Sanghi, the Counsel representing respondents-vacate stay petitioners, the civil revision petition itself is finally heard.2. Sri K.K. Wagharey, learned Counsel representing the revision petitioners had taken this Court through the contents of the plaint and would maintain that if the dates pleaded in the plaint to be taken into consideration, the suit is clearly barred by limitation. The l...
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