Andhra Pradesh Court September 2008 Judgments
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K. Venkateswara Rao S/O Govinda Rao, Government Institute of Post Dipl ...
Court: Andhra Pradesh
Decided on: Sep-24-2008
Reported in: 2009(1)ALT532
ORDERGhulam Mohammed, J.1. This writ petition is filed seeking to quash the order, dated 9.1.2003 in O.A. No. 6899 of 2001 on the file of the Andhra Pradesh Administrative Tribunal (for short 'the Tribunal') by virtue of which the Tribunal has directed to review the promotions of respondent No. 1 and the petitioner as Senior Assistant as per their relevant seniority and eligibility according to Rules and regulate the consequential promotions as Superintendents accordingly.2. The case of the petitioner is that he was appointed as Junior Assistant on 10.5.1986 in the Department of Technical Education and then he passed the Accounts Test for Subordinate Officers Part-I in the month of November, 1988 and he is eligible for promotion to the post of Senior Assistant. As per the General Rule 4(ii) of Andhra Pradesh State and Subordinate Rules, 1962, a panel was prepared consisting of all the eligible candidates for the year 1989-90 including his name, for promotion to the post of Senior Assis...
Janga Gopamma and ors. Vs. Janga Srivenkata Harinath and ors.
Court: Andhra Pradesh
Decided on: Sep-24-2008
Reported in: 2009(1)ALT499
ORDERP.S. Narayana, J.1. Heard Sri Y.V. Srinivasan representing Sri K. Chidambaram, counsel for revision petitioners and Sri Venkateswarlu representing Sri Nimmagadda Satyanarayana, counsel for first respondent.2. The civil revision petition is filed by the revision petitioners being aggrieved of the judgment dated 21.02.2003 made in A.T.A. No. 101 of 1996 on the file of the Appellate Tribunal-cum-Principal District Judge, West Godavari, Eluru.3. One Janga Venkata Sitarama Swamy filed A.T.C. No. 37 of 1986 on the file of Special Officer-cum-l Additional District Munsif, Eluru, under Section 13 read with 16 of Andhra Pradesh (Andhra Area) Tenancy Act, 1956 (hereinafter in short referred to as 'the Act' for the purpose of convenience) praying the court to pass eviction order against the respondents directing them to hand over vacant possession of the petition schedule property and for costs. R-3 and R-4 were added as per the order in I.A. No. 530 of 1993, dated 15.6.1993. The said A.T.C....
Jellella Anjaiah Vs. Lokani Somamma and ors.
Court: Andhra Pradesh
Decided on: Sep-24-2008
Reported in: 2009(2)ALT543
ORDERL. Narasimha Reddy, J.1. Elections to the Rajupet Gram Panchayat, Thipparthi Mandal, Nalgonda District were held on 02.08.2006. The petitioner, 1st respondent and certain others contested for the office of Sarpanch. The petitioner and the 1st respondent secured 1230 and 1222 votes respectively, and the petitioner was declared as elected. The 1st respondent filed O.P. No. 15 of 2006 before the Election Tribunal-cum-Junior Civil Judge, Nalgonda, challenging the election of the petitioner, on several grounds. As may as six material facts were pleaded against the petitioner and it was ultimately prayed that the election of the petitioner be set aside and that the 1st respondent be declared as elected as Sarpanch. The petitioner opposed the election petition, by filing a counter affidavit. Evidence was recorded and through its order, dated 09.10.2007, the Tribunal allowed the O.P. and directed recounting of votes for the office of Sarpanch for the Gram Panchayat. Necessary directions w...
Smt. P. Sridevi W/O P. Murali Krishna Vs. Cherishma Housing Private Lt ...
Court: Andhra Pradesh
Decided on: Sep-23-2008
Reported in: [2009]147CompCas130(AP)
ORDERRamesh Ranganathan, J.1. This petition is filed under Section 434(1)(a), 433(f) and 439(1)(b) of the Companies Act, 1956, read with Rule 95 of the Company (Court) Rules, 1959, seeking winding up of the first respondent company on 'just and equitable grounds'.2. Section 433 of the Companies Act deals with several circumstances under which a company may be wound up by the Court. The opening words of the provision 'a company may be wound up by the Court' shows that the provision itself is discretionary. K. Mohan Babu v. Heritage Foods India Ltd. Hyderabad : 2001(5)ALD800 . A further discretion is conferred on the Court under Section 433(f) and it is only when the Court is satisfied that the facts justify the making of a winding up order, on the ground that it is just and equitable, that the company may be wound up World Wide Agencies (P) Ltd. v. Margarat T. Desor : AIR1990SC737 .3. The 'Just and equitable' Clause is not to be read ejusdem generis with the preceding five clauses in Se...
M. Harinarayana @ Haribabu Vs. Smt. P. Swaroopa Rani
Court: Andhra Pradesh
Decided on: Sep-23-2008
Reported in: 2008(6)ALD312; 2008(6)ALT378
R. Kantha Rao, J.1. A.S. No. 271 of 2006 is directed against the judgment and decree dated 29.04.2006 passed in O.S. No. 44 of 2002 by the I Additional District Judge, Kadapa.2. The appellant filed the suit for specific performance of agreement to sell, dated 28.03.2001 executed by the respondent and also for permanent injunction restraining the respondent from interfering with his possession and enjoyment of the schedule mentioned property, which is a cinema theatre. The suit was dismissed without costs. Feeling aggrieved, the appellant/plaintiff preferred this appeal.3. Cross-objections (S.R.) No. 6858 of 2006 are filed by the respondent challenging the finding of the trial Court that the respondent did not disclose to the appellant all the debts due upon the schedule mentioned property as on the date of the suit agreement to sell.4. Facts: The respondent who is the owner of M/s. Sri Venkateshwra Theatre, Nagarajupalli, Kadapa District hereinafter referred to as schedule mentioned pr...
Achuta Nageswara Rao Vs. Chundru Krishna Murthy (Died) and ors.
Court: Andhra Pradesh
Decided on: Sep-23-2008
Reported in: 2008(6)ALD736
P.S. Narayana, J.1. On 31.1.2006 the following order was made by this Court:Ground Nos. 8(a) to (e) raised substantial question of law. Admit.The said grounds read as hereunder:(1) Whether the original agreement of sale stood proved through the secondary evidence in the form of Ex.A-2 and the question of stamp duty on the original does not arise?(2) Whether the bar against receiving secondary evidence of unstamped documents extends to cases where the document is lost from the custody of the Court?(3) Whether the plaintiff can be made to suffer on account of the loss of the document, which has been sent to the Revenue Divisional Officer from the custody of the Court on the principle of actus curiae neninem gravabit?(4) Whether the defendant can raise an objection with regard to insufficiency of stamp having acquiesced in stamping the copy of the document on consent of both the Counsel?(5) Whether Ex.A-2 copy of the original document impounded can be looked into in view of the judgment r...
Meda Hari Krishna Vs. Akula Seshamma (Died) Per L.Rs. and ors.
Court: Andhra Pradesh
Decided on: Sep-23-2008
Reported in: 2008(6)ALT684
ORDERL. Narasimha Reddy, J.1. The petitioner filed an application, under Rule 26 of Order XXI CPC, in E.P. No. 7 of 2001, on the file of the Court of Senior Civil Judge, Rajampet, with a prayer to stay the execution proceedings. The application was returned, with certain objections on 4.8.2008. Petitioner represented the same on 5.8.2008. The Executing Court once again returned the application, on the same day, i.e. 5.8.2008. The return is challenged in this CRP.2. The facts that gave rise to the filing of the CRP are as under. Akula Seshamma, the deceased 1st respondent, filed O.S. No. 34 of 1983, against her two sons, by name Akula Krishna Murthy, the deceased 2nd respondent; and respondent No. 3, for declaration of title, on the strength of a will said to have been executed in her favour, by her husband. The dispute was compromised between the parties. The parties filed I.A. No. 786 of 1983, with a prayer to pass the decree, in terms of compromise. Accordingly, a decree was passed o...
Ranga Readdy and anr. Vs. P. Aswarthappa and ors.
Court: Andhra Pradesh
Decided on: Sep-23-2008
Reported in: 2009(2)ALT127
V.V.S. Rao, J.1. Defendants 3 and 4 are appellants. Feeling aggrieved by judgment and decree in O.S. No. 13 of 1985 dated 30-3-1990 passed by the Court of Subordinate Judge, Penukonda, this appeal is filed. Plaintiff and defendants 2 and 5 to 7 are arrayed as respondents. During pendency of suit first defendant, Venkatamma, who is none other than maternal grandmother of appellants, died and her legal representatives were brought on record as defendants 5 to 7. In this appeal, for the sake of convenience, appellants and respondents 2 to 5 are referred to as defendants and first respondent is referred to as plaintiff.2. Admitted background of the case is as follows. Venkatamma, w/o. Devireddy Venkatappa, had two daughters, namely, Papamma and Venkata Lakshmamma. Latter is a spinster and was staying with Venkatamma at Pedapalli village of Bukkapatnam Mandal in Ananthapuram District. Papamma was married to Maddimadugu Subbi Reddy of Marlapalli. Defendants 3 to 7 are children of Papamma, wh...
Mehatab Begum Vs. Bhagwandas and ors.
Court: Andhra Pradesh
Decided on: Sep-23-2008
Reported in: 2009(1)ALT563
V.V.S. Rao, J.1. The unsuccessful plaintiff is the appellant. Her suit, being O.S. No. 560 of 1977, on the file of the Court of the IV Additional Judge, City Civil Court, Hyderabad, for declaration of title, possession and mesne profits in respect of property bearing Municipal No. 22-7-514/3, situated at Miralam Mandi, Hyderabad (suit schedule property), was dismissed on 30.11.1987. Initially, the suit was filed against Riasatunnisa Begum, Bhagwan Das and Saleem (defendant Nos. 1 to 3). During the pendency of the suit, defendant No. 1 died and defendant Nos. 4 to 13 came on record as legal representatives. Further, after death of defendant No. 7, her legal representatives were impleaded as defendant Nos. 14 and 15. In this judgment, parties are referred to by their status in the suit.Pleadings I2. The case of plaintiff in brief may be noticed. Plaintiff purchased suit schedule property known as Zanani Devdi or Mahal Sarai under registered sale deed dated 19.07.1960. After the purchase,...
The Isro Drivers Association Represented by Its General Secretary, Sha ...
Court: Andhra Pradesh
Decided on: Sep-22-2008
Reported in: 2009(2)ALT150
Ramesh Ranganathan, J.1. Aggrieved by the order, in W.P. No. 13998 of 1999 dated 09.10.2001, the ISRO Drivers Association has preferred this appeal. The writ petition was filed by them to declare the action of the respondents in not treating their association as eligible to participate in the verification process for according recognition under the Central Civil Services (Recognition of Service Association) Rules, 1993 (hereinafter called the '1993 Rules'), as illegal and arbitrary and for a consequential direction to the respondents to permit their association to participate in the verification process for recognition under the said Rules. For convenience sake, parties shall, hereinafter, be referred to as they are arrayed in the Writ Petition.The 3rd respondent - ISRO is under the control of the Department of Space, Government of India. The 2nd respondent, with the object of having a smooth and conducive machinery for settlement of disputes proposed a joint committee of the managemen...
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