Andhra Pradesh Court January 2009 Judgments
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Kasireddy Laxminarayana Reddy Vs. Vallappa Reddy Sumitra Reddy and ors ...
Court: Andhra Pradesh
Decided on: Jan-30-2009
Reported in: AIR2009AP466
G. Yethirajulu, J.1. The Civil Miscellaneous Appeal is preferred by the plaintiff in O.S. No. 1601 of 1983 on the file of the II Senior Civil Judge, City Civil Court, Hyderabad.2. The suit was filed seeking accounts of the dissolved partnership firm business and payment of profits to the extent of 25ps towards share of the plaintiff. A preliminary decree was passed by the lower Court and later an application covered by I.A. No. 1247 of 2001 was filed under Order 40 Rule 7 read with Section 151 C.P.C. to appoint a commissioner to take possession of the assets of the partnership firm including the land in Survey No. 28/1 to 3 situated at Begumpet, Hyderabad and the account books of the firm M/s Viraj Constructions on the basis of inventory taken by a commissioner during pendency of the suit, after taking possession of the land and account books seeking to settle accounts pertaining to his share of profits as per preliminary decree, dated 06.11.1995 as modified by the High Court by its or...
N. Srihari S/O. Late Balarajaiah Goud (Died) and ors. Vs. N. Prakash S ...
Court: Andhra Pradesh
Decided on: Jan-30-2009
Reported in: 2009(3)ALT562
G. Yethirajulu, J.1. This Appeal has been preferred by defendants in O.S. No. 456 of 1984. The respondents herein are the plaintiffs in the said suit. The suit was filed for partition of the suit schedule properties into two shares and to deliver possession of one such share and for profits.2. The averments of the plaint filed by the plaintiffs are briefly as follows:The plaintiffs are the sons of Nemuri Sathaiah Goud. Sathaiah Goud is the son of Nemuri Saya Goud. Nemuri Balrajaiah Goud is the brother of Sathaiah Goud who is elder to him. Balrajaiah Goud had two wives viz., (i) Nemuri Pentamma (the first defendant) and (ii) Nemuri Kausalya. Nemuri Pentamma gave birth to five sons through Balrajaiah Goud who are defendants 2 to 6. The first defendant lost her husband Balrajaiah Goud. Nemuri Saya Goud executed a Will on 02-01-1956, wherein he mentioned that an extent of Acs.19.15 guntas covered by Sy. Nos. 284, 285, 290, 292 and 293 situated at Lothukunta village of Alwal Mandal, Ranga R...
M/S Sitco (Swarnandhra Jmii Integrated Township Development Company) P ...
Court: Andhra Pradesh
Decided on: Jan-30-2009
Reported in: 2009(6)ALT295
Ramesh Ranganathan, J.1. I have had the privilege of perusing the judgment prepared by my learned Sister Smt. Justice T. Meenakumari. While I agree that W.A. No. 847 of 2008 filed by the A.P. Housing Board is liable to be dismissed, I am unable to concur either with the analysis or the conclusion that W.A. No. 526 of 2008 should be allowed in its entirety and regretfully, therefore, venture to write a separate judgment.2. Both the petitioner, and the respondent-Board, in the writ petition have filed Writ Appeal Nos. 526 and 847 of 2008 respectively aggrieved by the order of the learned Single Judge in W.P. No. 2085 of 2007 dated 01.05.2008. Parties shall hereinafter be referred to as they are arrayed in the Writ Petition. Since the learned Single Judge has dealt with it elaborately, the facts of the case, except to the extent relevant, do not bear repetition herein. Suffice to note that the learned Single Judge, relying on the judgment of the Supreme Court in Noble Resources Ltd. v. St...
Sivashakthi Builders and anr. Vs. A.P. State Consumer Disputes Redress ...
Court: Andhra Pradesh
Decided on: Jan-30-2009
Reported in: AIR2009AP84
Vilas V. Afzulpurkar, J.1. This writ petition is filed questioning the order of A.P. State Consumer Disputes Redressal Commission, Hyderabad-1st respondent in RP No. 180 of 2008, dated 12.8.2008 whereby the revision petition filed by the petitioners was dismissed.2. Brief facts of the case are that the third respondent herein filed a complaint against the petitioners herein alleging that they have raised a wall dividing common parking area into two parts and constructed independent house illegally in part of the parking area besides pent house over the terrace etc. The petitioners herein disputed the said allegation and contended that the building was constructed in 1993 and there is a lot of difference in the features of the building which existed then and today. In order to establish the allegations, the third respondent filed an application seeking appointment of an advocate-commissioner to note down the physical features of the said apartments called 'Siva's Palace Phase-I'. The sa...
Chaganti Raghavamma Vs. Dowluri Kanthamani and anr.
Court: Andhra Pradesh
Decided on: Jan-30-2009
Reported in: 2009(3)ALT792
P.S. Narayana, J.1. This Civil Miscellaneous Second Appeal is coming up for admission to-day. Heard Sri P. Satyanarayana, learned Counsel representing the appellant.2. Sri P. Satyanarayana, learned Counsel representing the appellant would maintain that the C.M.S.A as such is maintainable as against the decree and judgment made in A.S. No. 224 of 2008 on the file of the III Additional District Judge, Kakinada, dated 5-1-2009, since the said appeal was preferred as against the order, dated 9-9-2008, made in E.A. No. 318 of 2007 in E.P.No. 229 of 1996 in O.S. No. 10 of 1991 on the file of the II Additional Senior Civil Judge, Kakinada. The learned Counsel also had drawn attention of this Court to the relevant provisions of the Code of Civil Procedure, hereinafter referred to for short as 'the Code', and further had drawn attention of this Court to Section 282 of the Hyderabad Municipal Corporations Act, 1955 and Section 28 of the Hindu Marriage Act, 1955 as well. The Counsel also would ma...
Branch Manager, Oriental Insurance Company Limited Vs. Javvaji Bhaskar ...
Court: Andhra Pradesh
Decided on: Jan-29-2009
Reported in: 2010ACJ131; AIR2009AP512
ORDERV.V.S. Rao, J.1. The Branch Manager, Oriental Insurance Company Limited, Labbipet, Vijayawada, is appellant. Aggrieved by the award dated 29.1.2000 in O.P. No. 767 of 1994 whereby and whereunder the Motor Accidents Claims Tribunal-cum-District Judge, Khammam, directed appellant and second respondent as well as Andhra Pradesh State Road Transport Corporation (APSRTC) jointly and severally pay a sum of Rs. 49,000/- to first respondent, the present appeal is filed.2. Brief fact of the matter is as follows. First respondent herein (hereafter, claimant) went to Yerrupalem railway station on his Moped bearing No. AAH 2111 on 29.5.1995. When he reached Anjaneya Swamy Temple at the outskirts of Banigendiapadu village, bus owned by third respondent dashed against him resulting in accident. Claimant statedly suffered fracture injuries on his right leg and injuries on right hand. He was taken to Government Hospital, Madhira. As there was no orthopaedic surgeon, he was treated in a private ho...
News Today (P) Limited, T.V. Division Vs. S. Hari Prasad and ors.
Court: Andhra Pradesh
Decided on: Jan-29-2009
Reported in: 2009(4)ALT657
ORDERV.V.S. Rao, J.1. This application is filed seeking appointment of an Arbitrator for resolving the dispute arising out of Training-cum-Service Agreement (TCSA), dated 20.09.2004, executed by and between the applicants and respondents 1,2 and 3. The application is opposed by respondents on the ground that TCSA is an agreement, which is void ab initio, and therefore, as per common law principle 'ex nihilo nil fit', the agreement itself cannot be enforced and the question of resolving the dispute by arbitration does not arise. This stand of the respondents throws up an interesting question for consideration as to whether Chief Justice of High Court or the Judge nominated by him, in exercise of powers under Section 11(6) of Arbitration and Conciliation Act, 1996 (1996 Act, for brevity) can refer the dispute to Arbitrator for resolving the dispute arising out of an agreement, which is allegedly null and void.2. The admitted fact of the matter is very short. First respondent executed TCS...
Ganji Subbarayudu S/O Naganna Vs. K. Sudharshana Rao S/O K. Subba Rao,
Court: Andhra Pradesh
Decided on: Jan-28-2009
Reported in: 2009(3)ALT695
ORDERG. Yethirajulu, J.1. This Revision Petition has been filed by the third defendant in O.S. No. 90 of 2005 on the file of the Additional Senior Civil Judge, Kurnool.2. The suit was filed for specific performance of an agreement of sale executed by the third defendant. During the pendency of the suit, the third defendant filed I.A. No. 18 of 2007 under Order 8 Rule 9 and Section 151 of C.P.C. praying the Court to permit him to file additional written statement in the suit.3. In the said Application, the revision petitioner-third defendant contended that respondents 1 and 2 filed the suit for specific performance of an agreement of sale said to have been executed by him. The first respondent was examined as PW-1. During the cross examination, it came to light that R-1 and R-2 are partners of partnership firm and their claim in the suit is as partners of a firm. The petitioner learnt that the firm of R-1 and R-2 is not registered and he was not aware about it previously, therefore, he ...
St. theresa's Tender Loving Care Home rep. by Its Chief Co-ordinator V ...
Court: Andhra Pradesh
Decided on: Jan-28-2009
Reported in: 2009(4)ALT54
ORDERV.V.S. Rao, J.INTRODUCTION1. St. Theresa's Tender Loving Care Home (hereafter called, TLH) filed instant writ petition aggrieved by an order of Chairperson, Board of Control and Supervision of Homes, O/o the Director of Women Development and Child Welfare (first respondent herein) (hereafter called, the Director), whereby and whereunder application of TLH for issue of recognition certificate was rejected. Such a certificate is required under Andhra Pradesh Orphanages and Other Charitable Homes (Supervision and Control) Rules, 2001 (Orphanage Rules, for brevity) as well as Andhra Pradesh Women's and Children's Institutions (Licensing) Rules, 2001 (Institution Rules, for brevity) for acting as adoption agency under G.O.Ms. No. 16, dated 18-04-2001. The recognition was rejected on the ground that TLH violated Rules of adoption and committed irregularities in procuring children and arranging adoption of them to foster parents. The challenge is based mainly on the ground that TLH being...
Divakar S. Natarajan Vs. State Information Commissioner, A.P. State In ...
Court: Andhra Pradesh
Decided on: Jan-27-2009
Reported in: 2009(2)ALT500
L. Narasimha Reddy, J.1. Transparent functioning of the agencies of a State would go a very long way in providing not only peace and tranquility to its citizens, but also would enable them to lead respectable and meaningful life. Many a time, the citizens feel aggrieved, on account of their not being able to have access to the information, in relation to the matters of their immediate concern. More and more the information is withheld, a citizen would tend to gain an impression, that he is denied what is legitimately due to him, in an arbitrary and capricious manner.2. Howsoever desirable it may be, to ensure complete openness in state activity, by its very nature, governance requires certain amount of confidentiality, at least in some of its facets. A decent balance needs to be maintained between the two conflicting phenomena. An enlightened citizenry and a responsible Government, with their collective effort, can certainly bring about an ideal situation. It is a continuous process an...
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