Andhra Pradesh Court September 2008 Judgments
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V. Amos Alias Ramulu and ors. Vs. P. Johnson and anr.
Court: Andhra Pradesh
Decided on: Sep-16-2008
Reported in: 2008(6)ALD657
ORDERB. Seshasayana Reddy, J.1. This Civil Revision Petition is filed under Article 227 of the Constitution of India by the respondents in O.P. No. 911 of 2004 on the file of the District Judge, Khammam, assailing the action of the learned District Judge in entertaining O.P. No. 911 of 2004.2. The background facts of the case leading to filing of this Civil Revision Petition by the respondents in O.P. No. 911 of 2004, in brief, are: Rev. P. Johnson and Pastor K. Anand Raj are the petitioners and whereas Vanka Amos and 8 others are the respondents in O.P. No. 911 of 2004. They are the members of 'The Good Samaritan Evangelical Lutheran Church (GSELC), Bhadrachalam'. It is a society registered under the Societies Registration Act, 1860, (Act 21 of 1860) with Registration No. 7/1995, dated 14.11.1995. As per Article 8 of the Constitution of the Church, the Executive Council shall consists of the President, the Vice-President, the Secretary and nine other members which includes at least tw...
A. Laxmipathi S/O Late Sri A. Venkateswara Rao and Vs. Andhra Pradesh ...
Court: Andhra Pradesh
Decided on: Sep-16-2008
Reported in: AIR2009AP7; 2008(6)ALD329; 2008(6)ALT205
ORDERV.V.S. Rao, J.1. These two writ petitions can be disposed of by a common order as they came to be filed with a similar factual background and raise similar questions for consideration. In 1988 Andhra Pradesh State Financial Corporation Limited (SFC) sanctioned term loan and soft loan in a sum of Rs. 11,60,000/- to M/s. Nagarjuna Cable Industries Private Limited. Petitioners are sureties for the due payment of the loan. As there was default on the part of the borrower to pay the loan amount, in 1992 assets of the company were seized and sold in accordance with Section 29 of the State Financial Corporations Act, 1951 (the Act, for brevity). It is alleged that the sale-cum-recall notice under Section 29 of the Act was not issued to the petitioners. In August 2005 third respondent sent a communication dated 08.08.2005 to the second petitioner in W.P. No. 26014 of 2005 informing that an amount of Rs. 87.20 lakhs is due from the borrower. The petitioners were asked to pay the said amoun...
G. Hema Ravi Sampan S/O G. Harishchandra Prasad Rep. by Its Natural Gu ...
Court: Andhra Pradesh
Decided on: Sep-16-2008
Reported in: 2009(2)ALT547
ORDERB. Seshasayana Reddy, J.1. This Writ Petition has been filed by G. Hema Ravi Sampan assailing the action of R1 to R4 in denying selection to him for admission into IIIT course for the academic year 2008-09. He also assails the selection of 5th respondent-Jalli Pushpa Ratnam Raju for admission into IIIT course for the year 2008-09.2. Rajiv Gandhi University of Knowledge Technologies (for short University) has been established as an autonomous organization by Government of Andhra Pradesh under the Act called the Rajiv Gandhi University of Knowledge Technologies Act, 2008 (Act 18 of 2008) to educate the gifted rural students who may not have the benefit of special coaching classes. The selection of students for admission into IIT course in the University is based on the Local Best Model at the Mandal level. There are 6000 seats in all the three institutions of the University. 85 percent of the seats are reserved for students from rural schools of Andhra Pradesh, 15 % seats are earmar...
Vaddireddy Venkata Subba Reddy Vs. Narapureddy Kalyanamma
Court: Andhra Pradesh
Decided on: Sep-16-2008
Reported in: 2008(6)ALD585; 2008(6)ALT673
G. Rohini, J.1. The revision petitioner is the judgment-debtor, who suffered a money decree in O.S. No. 310 of 2002 on the file of the Court of the Junior Civil Judge, Badvel. The respondent herein/decree-holder filed E.P. No. 97 of 2006 for execution of the decree by arrest and detention of the judgment-debtor in prison and the same was ordered on 10.3.2008 issuing arrest warrant against the judgment-debtor. Immediately thereafter, the revision petitioner/judgment-debtor filed E.A. No. 85 of 2008 under Order 21 Rule 106 of C.P.C. to set aside the order of arrest dated 10.3.2008 and to recall the arrest warrant on the ground that I.P. No. 8 of 2008 filed by him in the Court of the Senior Civil Judge, Rajampet, is pending. The said petition was opposed by the decree-holder and the Court below by order dated 31.3.2008 dismissed E.A. No. 85 of 2008 holding that no case was made out to recall the warrant of arrest. The said order dated 31.3.2008 is under challenge in this Revision Petition...
Shabbir Sheriff (Died) Per L.Rs and ors. Vs. Pasha Begum and ors.
Court: Andhra Pradesh
Decided on: Sep-16-2008
Reported in: 2009(1)ALT672
P.S. Narayana, J.Short episode:1. The appellants herein are defendants 1, 2 and 4 in O.S. No. 212 of 1984 on the file of the Subordinate Judge, Nuzvid. In view of the fact that first appellant died, the legal representatives were brought on record as appellants 4 to 7. Likewise, R-2 and R-3 in the appeal also died and the legal representatives were brought on record.2. The suit was originally filed as O.S. No. 349 of 1981 on the file of the Subordinate Judge, Vijayawada, which was re-numbered as O.S. No. 212 of 1984 on the file of the Subordinate Judge, Nuzvid. The suit was originally instituted by Pasha Begum praying for the relief of partition and separate possession and the third defendant in the suit Mohammad Shabbar Sheriff was transposed as second plaintiff by virtue of an order made in I.A. No. 294 of 1985, dated 13.11.1985. On the strength of the respective pleadings of the parties, the learned Subordinate Judge, Nuzvid, having settled the issues, recorded the evidence of P.Ws....
J.P. Ratan Vs. the Union of India (Uoi) and ors.
Court: Andhra Pradesh
Decided on: Sep-15-2008
Reported in: 2008(6)ALD293; 2008(6)ALT180
ORDERB. Seshasayana Reddy, J.1. J.P. Ratan, the petitioner is a taxi driver and resident of H. No. 225, Lal Bazaar, Trimulgherrry, Secunderabad. He is allegedly approached the army authorities at MCEME on 20.08.2006 and informed that the taxi driven by him had been hired by the army person viz., Nb. Sub. Nagender Singh Yadav. He also stated to have informed the purpose for which Nb. Sub. Nagender Singh Yadav engaged his taxi. The purpose was to commute two foreign nationals in his taxi from railway station to a married accommodation in military area and later to the airport. He is said to have identified the person who hired the taxi as Nb. Sub. Nagender Singh Yadav and the residence as the one allotted to Cfn. Devender Kumar, a neighbour of Nb. Sub. Nagender Singh Yadav. A Court of Enquiry took up investigation on the directions of the Headquarters, Southern Command, Pune. The petitioner deposed before the Court of Enquiry and narrated the complete sequence of events as to his taxi be...
B. Suguna Devi Vs. Sri C.B.S. Venkata Ramana, Ias and ors.
Court: Andhra Pradesh
Decided on: Sep-15-2008
Reported in: 2008(6)ALD259
ORDERRamesh Ranganathan, J.1. Disobedience of an order of a Court, whether prohibitive or mandatory, whether made ex-parte or upon hearing both parties, or interim or perpetual, amounts to contempt, if it is calculated or tends to interfere with the administration of justice, or brings it into disrespect or disregard, Jagarlmudi Chandramouli v. Appa Rao 1967(1) An.W.R. 129, for it strikes at the very root of the rule of law on which our system of governance is based. Power to punish for contempt is necessary for the maintenance of an effective legal system. It is exercised to prevent perversion of the course of justice. Kapildeo Prasad Sah v. State of Bihar : AIR1999SC3215 .2. Rule of law is the foundation of democratic society and the judiciary is its guardian. The public have an interest, an abiding and a real interest, and a vital stake in the effective and orderly administration of justice. The court has the duty of protecting the interest of the public in the due administration of...
Smt. T. Bhagya Laxmi Vs. the Returning Officer-cum-municipal Commissio ...
Court: Andhra Pradesh
Decided on: Sep-15-2008
Reported in: AIR2009AP10; 2008(6)ALD286
ORDERB. Seshasayana Reddy, J.1. This writ petition has been filed by Smt. T. Bhagya Laxmi assailing the order dated 26.02.2007 passed in O.P. No. 66 of 2005 on the file of the Senior Civil Judge-cum-Election Tribunal, Mahabubnagar, whereby and whereunder the learned Senior Civil Judge dismissed the O.P. filed by the petitioner questioning the election of Smt. G. Laxmi Devi-5th respondent as member of Ward No. 30 of Mahaboobnagar Municipality.2. Background facts of the case leading to filing of this writ petition by Smt. T. Bhagya Laxmi, in brief, are: The writ petitioner and the 5th respondent contested in the elections held on 24.09.2005 for Member of Ward No. 30 of Mahaboobnagar Municipality. The 5th respondent secured highest votes and consequently declared to have been elected as Member of Ward No. 30 of Mahaboobnagar Municipality. The writ petitioner challenged the election of the 5th respondent on the ground that as on the date of her nomination, she incurred disqualification bei...
Adusumalli Seetha Ramaiah S/O Sreeramulu Vs. Mandalapu Raghunayakulu a ...
Court: Andhra Pradesh
Decided on: Sep-15-2008
Reported in: 2008(6)ALT731
G.V. Seethapathy, J.1. This writ appeal is directed against the order dated 09.04.1999 in W.P. No. 15051 of 1996, wherein the said writ petition filed by the respondents 1 to 36 herein, was allowed.2. Heard the learned Counsel for the appellant and respondents. Perused the records.3. W.P. No. 15051 of 1996 was filed seeking writ of mandamus declaring that the action of the Commissioner of Endowments, Andhra Pradesh, Hyderabad-Respondent No. 38 herein in issuing proceedings R.Dis No. J3/42590/87 dated 29.09.1987 published in the A.P. Gazette dated 17.03.1988 under Section 6[c](i) of the A.P. Charitable and Hindu Religious Institutions and Endowments Act [for short 'the Act'] enlisting the Dasabandham Tank, Kundurru, Santhamaguluru Mandal, Prakasam district, as one of the public charitable institutions/Endowments governed by the said Act and consequent action of the Assistant Commissioner of Endowments-Respondent No. 39 herein in appointing the appellant herein and the respondents 40 to ...
Ch. Sudhakar Raju Vs. Tirumala Coop. Urban Bank Ltd. Rep. by Branch Ma ...
Court: Andhra Pradesh
Decided on: Sep-15-2008
Reported in: 2008(6)ALD118
ORDERL. Narasimha Reddy, J.1. The petitioner obtained a loan from the 1st respondent-Cooperative Urban Bank. Alleging that the petitioner committed default in payment of the instalments, the 1st respondent approached the Arbitrator, under Section 61 of the A.P. Co-operative Societies Act (for short 'the Act'). An award was passed on 21.04.2003, for a sum of Rs. 7,38,079/-. Thereupon, the petitioner filed C.T.A. No. 238 of 2003 before the A.P. Co-operative Tribunal at Hyderabad. It also filed I.A. No. 802 of 2003 for stay; and an unconditional stay was granted. Aggrieved thereby, the 1st respondent filed W.P. No. 19672 of 2003. It was disposed of by this Court on 23.10.2003, directing that the stay in favour of the petitioner, shall be subject to the deposit of a sum of Rs. 1,00,000/-. Ultimately, the C.T.A. was allowed on 12.06.2006. The 1st respondent filed W.P. No. 14428 of 2006, against the same. The writ petition was allowed on 08.12.2006 and the matter was remanded to the Tribunal...
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