Andhra Pradesh Court September 2008 Judgments
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Rajagopalapeta Leelanandam Vs. State of A.P. Through Public Prosecutor
Court: Andhra Pradesh
Decided on: Sep-15-2008
Reported in: 2008(2)ALD(Cri)932; 2009CriLJ286
ORDERG. Yethirajulu, J.1. The Revision Petitioner is A-1 in S.C. No. 491 of 2000 on the file of the II Additional Assistant Sessions Judge, L.B. Nagar, Rangareddy District.2. The Sessions Case was filed against six Accused and charges were framed against all of them for the offences under Section 304-B of IPC and Section 4 of the Dowry Prohibition Act. A-1 to A-6 were acquitted for the offences under Section 304-B of IPC and Section 4 of the Dowry Prohibition Act. But, A-1 was convicted for the offence under Section 306 of IPC and sentenced to undergo rigorous, imprisonment for seven years and to pay a fine of Rs. 5,000/-, in default to suffer simple imprisonment for six months. Being aggrieved by the same, A-1 preferred Crl.A. No. 88 of 2002 before the III Additional Sessions Judge, L.B. Nagar, Rangareddy District and the Appellate Court, while dismissing the Appeal, reduced the sentence of imprisonment to three years and confirmed the sentence of fine.3. Being aggrieved by the same, ...
The Divisional Forest Officer Vs. the Forest Settelement Officer and o ...
Court: Andhra Pradesh
Decided on: Sep-15-2008
Reported in: 2008(6)ALD541
ORDERRamesh Ranganathan, J.1. Seeking to have the order passed by the 2nd respondent in A.S. No. 6 of 1989 dated 27.12.1994, in partly confirming the order of the 1st respondent dated 23.9.1986, quashed, the Divisional Forest Officer, Nalgonda has filed W.P. No. 13948 of 1995. Aggrieved by the judgment and decree in A.S. No. 6 of 1989 dated 27.12.1994, in reducing the compensation from Rs. 606/- per acre to Rs. 250/- per acre, and seeking a direction for payment of compensation of Rs. 1750/- per acre with interest, solatium and all other benefits, W.P. No. 25421 of 1995 is filed. A similar relief is sought in W.P. No. 25422 of 1995 also. It is necessary to note that the petitioners in W.P.Nos. 25421 and 25422 of 1995 are among the respondents in W.P. No. 13948 of 1995. Since the very same order of the District Judge, Nalgonda, in A.S. No. 6 of 1989 dated 27.12.1994, is under challenge in all the three writ petitions, they were heard together and are now being disposed of by a common or...
N. Ramesh Kumar and anr. Vs. Punjab and Sind Bank and anr.
Court: Andhra Pradesh
Decided on: Sep-15-2008
Reported in: 2009(1)ALT40
ORDERV.V.S. Rao, J.1. Petitioners filed writ petition seeking a writ of Mandamus declaring action of first respondent Bank in trying to evict petitioners from Flat No. 102, M.N.R. Apartments, H. No. 12-11-171/1/10, Uppar Basthi, Namala Gundu, Secunderabad, as illegal and arbitrary.Though interlocutory matter, W.P.M.P. No. 34861 of 2005 for an order of injunction against first respondent, is coming before this Court, the matter is involved a short question, heard finally and is being disposed of by this order.2. First respondent Bank initiated action under Section 13(2) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act, for short). Second respondent who is borrower, did not comply with the procedure under Section 13(2), leading to action/notice under Section 13(4) of SARFAESI Act read with Rule 8(1) of Security Interest (Enforcement) Rules 2002 (Security Rules, for short). Petitioners are tenants of two flats belonging ...
Velaga Sivarama Krishna Vs. Velaga Veerabhadra Rao and anr.
Court: Andhra Pradesh
Decided on: Sep-15-2008
Reported in: 2009(1)ALT379
ORDERG. Yethirajulu, J.1. This Revision Petition has been filed by the defendant in O.S. No. 31 of 2005 on the file of the Additional Senior Civil Judge (Fast Track Court) at Gudivada.2. The respondents-plaintiffs filed the suit for declaration that they got a right of passage of a width of 12 feet on the north east corner of plot No. 3 belonging to the defendant for ingress and egress and for consequential injunction directing the defendant to demolish the structure covered by schedule 'AB' and to grant permanent injunction restraining the defendant and his men from ever interfering with the joint possession and enjoyment of right of passage. In the plaint, it was mentioned that after purchase of the properties by both parties, they came to an understanding to leave 12 feet wide passage and on 15-09-1987, they reduced their understanding to writing. The plaintiffs filed the said agreement of understanding before the lower Court, which is an unregistered document. The defendant in the ...
Lt.Cdr. K.N. Reddy Vs. Union of India (Uoi) Rep. by Its Secretary for ...
Court: Andhra Pradesh
Decided on: Sep-15-2008
Reported in: 2009(1)ALT653
ORDERRamesh Ranganathan, J.1. Yet another case where a person infected with HIV complains of inherent prejudice against him, in matters of promotion to higher echelons of service, though he was found to be no less meritorious than those who had been promoted. As is evident from the facts stated hereinafter, the prejudice, against those unfortunately infected with this dreaded disease, is prevalent even among the educated sections of society. This prejudice is more often than not subconscious, the fear of the unknown. While the fear which existed earlier, of the disease spreading by mere proximity, is slowly giving way, the deep and underlying prejudice against the HIV infected continues to thrive, even in the general perception of persons holding high office, regarding their inability to discharge the onerous duties which senior officers of the Armed forces are required to perform. This underlying prejudice is, more often, not explicit and can only be inferred from surrounding circumst...
Sanga Mitra Co-operative Building Society Limited Vs. Deputy Registrar ...
Court: Andhra Pradesh
Decided on: Sep-15-2008
Reported in: 2009(3)ALT289
ORDERC.V. Nagarjuna Reddy, J.1. Since the issues raised in these two writ petitions are inter-related, they are heard together and being disposed of by this common order.2. WP. Nos. 2639 and 3781 of 2005 are filed for a writ of mandamus to set aside common order, dated 07.01.2005 passed in O.A. Nos. 28 and 122 of 2003 on the file of the Andhra Pradesh Co-operative Tribunal, Vijayawada (for short 'the Tribunal') respectively, whereby the Tribunal set aside the notice issued in Form No. 9 in order to execute the order passed by respondent No. 1 under Section 60(1) of the Andhra Pradesh Co-operative Societies Act, 1964 (for short 'the Act').3. The facts in a nutshell are that at the relevant time, respondent No. 2 was the President of the petitioner society. The District Co-operative Officer, Krishna, Machilipatnam vide his proceedings, dated 25.09.1993 ordered statutory enquiry under Section 51 of the Act authorizing the Cooperative Sub-Registrar (Housing II), Vijayawada. After recording...
Challa Satyanarayana Vs. Tadi Lakshmana Rao and ors.
Court: Andhra Pradesh
Decided on: Sep-12-2008
Reported in: 2008(6)ALD153; 2009(1)ALT300
ORDERL. Narasimha Reddy, J.1. The elections to the Chittavaram Grampanchayat were held in the year 2006. The petitioner, 1st respondent and certain others contested in the election, and the petitioner was declared elected as Sarpanch. The 1st respondent filed E.O.P. No. 4 of 2006, before the Election Tribunal-cum-Principal Junior Civil Judge, Narsapur, pleading inter alia that the petitioner incurred disqualification, under Section 19(3) of the A.P. Panchayat Raj Act (for short 'the Act'), and that he had third child after the notified date. The petitioner filed counter, opposing the Election Petition. The trial of the OP commenced. 2. The petitioner filed I.A. No. 1257 of 2007, before the Tribunal, with a prayer to receive certain documents. The application was opposed by the 1st respondent. Through its order dated 14.7.2008, the Tribunal dismissed the I.A. Hence, this writ petition.3. Sri A.V. Sesha Sai, learned Counsel for the petitioner, submits that the view taken by the Tribunal ...
Yelagani Papaiah Son of Shankaraiah and anr. Vs. the Joint Collector a ...
Court: Andhra Pradesh
Decided on: Sep-12-2008
Reported in: 2009(2)ALT380
ORDERP.V. Sanjay Kumar, J.1. The order of the Joint Collector, Ranga Reddy District, in proceedings No. D5/8031/1993 dated 05.03.2001 passed in exercise of revisional jurisdiction under Section 9 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (for brevity, 'the Act'), is under challenge in the present writ petition.2. The facts of the case, as reflected in the affidavit filed in support of the writ petition, are that one Smt. Shetti Sharanamma was the pattadar of agricultural land admeasuring Ac.8.01 gunta in Najeeb Nagar Village of Moinabad Mandal, Ranga Reddy District. The father of the petitioner No. 1 and respondents 4 to 7, namely late Sri Shankaraiah, is said to have been the Protected Tenant in respect of this land. Owing to the default committed by the pattadar, Smt.Shetti Sharanamma, in payment of arrears, the Tashildar, Chevella, put the land to auction under the Revenue Recovery Act and the petitioner No. 1 participated in the said auction on 26.08.19...
Mahagopal Singh (Died) Per L.R. and ors. Vs. Neela Singh and ors.
Court: Andhra Pradesh
Decided on: Sep-12-2008
Reported in: 2008(6)ALT154
A. Gopal Reddy, J.1. These two intra court appeals under Clause 15 of the Letters Patent by the plaintiffs are against common judgment dt. 3-4-2000 passed in CCCA Nos. 38 and 53 of 1986 whereunder a learned single Judge of this Court allowed CCCA No. 38/1986 filed by the defendant No. 1 and set-aside the judgment of the learned Additional Chief Judge, City Civil Court, Hyderabad (Temporary) dt. 31-12-1985 passed in OS No. 132/1984 and dismissed the suit OS No. 132/1984 filed by the plaintiffs for partition and separate possession of the suit house and dismissed CCCA No. 53/1986 filed by the plaintiffs.2. Since both the appeals arise out of the same judgment, they were clubbed together and were heard together and disposed of by this common judgment.3. For the sake of convenience, the parties to these appeals will be referred to as arrayed in the suit.4. Factual backdrop of the appeals, which are relevant for their disposal, needs to be noted in brief:The plaintiffs, Maha Gopal Singh and...
Sudha Resorts Ltd. Vs. A.P. State Financial Corporation Ltd. and ors.
Court: Andhra Pradesh
Decided on: Sep-12-2008
Reported in: 2008(6)ALD675; 2009(1)ALT5
ORDERV.V.S. Rao, J.1. M/s. Sudha Resorts Limited (SRL) represented by its Managing Director, Vasam Shiva Prasad, filed the instant writ petition praying for the following relief:.this Hon'ble Court may be pleased to issue an appropriate writ, order or direction, more particularly a writ in the nature of mandamus, declaring the action of the 1st respondent in selling the property belonging to the petitioner-company and confirming the same in favour of respondent No. 3 without informing the bid amount and without giving an opportunity to the petitioner to clear off the outstanding amounts to be paid to the 1st and 2nd respondents without following the mandatory principles laid down by the Hon'ble Apex Court as reported in 1992 (2) JT SC 326, as well as this Hon'ble Court as being illegal, arbitrary, mala fide and consequently set aside the same in the interests of justice.2. The brief fact of the matter is as follows. M/s. Sunkara Hotels Limited (SHL) is a Company incorporated under the ...
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