Andhra Pradesh Court April 2009 Judgments
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Bhanu Constructions Company Limited Vs. Recovery Officer, Debts Recove ...
Court: Andhra Pradesh
Decided on: Apr-22-2009
Reported in: 2009(3)ALT757
ORDERAnil R. Dave, C.J.1. As common questions of law and fact have fallen for consideration in these two writ petitions, at the request of the learned advocates, both the petitions were heard together and are decided by this common order. Facts of both the cases, in a nutshell, are as under:W.P. No. 27695 of 20072. Writ Petition No. 27695 of 2007 has been filed by M/s. Bhanu Constructions Company Ltd. seeking a direction to set aside the auction conducted on 13.12.2007 and 14.12.2007 by the Recovery Officer, Debts Recovery Tribunal, Hyderabad (respondent No. 1 herein) for sale of the properties mortgaged by it in favour of respondent Nos. 2 and 3. The petitioner has also sought for a direction to transfer the proceedings of R.P. No. 420 of 2001 in O.A. No. 460 of 1999 pending on the file of the Debts Recovery Tribunal, Hyderabad to the Debts Recovery Tribunal, Visakhapatnam.3. The petitioner is engaged in the business of construction. It availed certain loan facilities from Andhra Bank...
Hanumanthu Krishna Rao and ors. Vs. the Sub-registrar, Ponduru and anr ...
Court: Andhra Pradesh
Decided on: Apr-21-2009
Reported in: 2009(4)ALT511
L. Narasimha Reddy, J.1. The petitioners challenge an endorsement dated 27-02-2008, made by the 1st respondent, through which, he refused to register a document presented by the petitioners, for sale of land in Sy. No. 154/21 of Kushalapuram Village, Etcharla Mandal, Srikakulam District.2. The petitioners state that Ac.6.26 cents of land in Sy. No. 154/21 was owned by one Sri Jaga Datt Dave, and after his death, it devolved upon his four sons, viz., Sridatt Dave, Durgadatt Dave, Haridatt Dave and Ramadatt Dave, respondents 3 to 6 herein. It is stated that the four brothers mentioned above, executed an Agreement of sale-cum-General Power of Attorney in favour of Smt. Hanumanthu Sunitha, Budumuru Varalakshmi and Gudimella Sailaja, and the three ladies, in turn, have executed a sale deed in favour of the petitioners on 20-12-2005, in respect of the land.3. The petitioners divided the land into plots. They intended to sell the plot of 133.33 sq.yards in favour of one, Sri Velamala Venkata ...
Karre Mohan Krishna S/O Krishnaiah Vs. State of Andhra Pradesh Through ...
Court: Andhra Pradesh
Decided on: Apr-21-2009
Reported in: 2009CriLJ3375
R. Kantha Rao, J.1. This appeal is preferred by the first accused in Sessions Case No. 233 of 2003 on the file of the Court of Special Judge for the Trial of offences under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act-cum-VI Additional Metropolitan Sessions Judge, Secunderabad. 2. The appellant (A-1) was tried along with A-2 and A-3 who are his parents for the charge under Section 304B of IPC and also alternatively for the charge under Section 306 of IPC. While disposing of the case the learned Additional Sessions Judge acquitted the appellant, A-2 and A-3 for the charge under Section 304B of IPC. He also acquitted A-2 and A-3 for the offence under Section 306 of IPC but convicted the appellant (A-1) for the offence under Section 306 of IPC and sentenced him to undergo Rigorous Imprisonment for a period of eight years and also to pay a fine of Rs. 500/-.3. Challenging the said order of conviction and sentence, A-1 preferred the present appeal.4. The brief facts ...
P. Bapo Row Vs. Chief Commissioner of Appeals and ors.
Court: Andhra Pradesh
Decided on: Apr-21-2009
Reported in: 2009(5)ALT319
L. Narasimha Reddy, J.1. Both the writ petitions are filed by the same individual. The respondents are common. Though the subject-matter is one and the same, separate writ petitions had to be filed on technical grounds. Hence, they are disposed of through the common judgment.2. The writ petitions were filed feeling aggrieved by two separate, but similar orders dated 31-10-2006 and 29-11-2006, passed by the Chief Commissioner of Appeals, 1st respondent herein, confirming the orders dated 19-08-2006 and 20-07-2005, passed by respondents 2 and 3, respectively. During the pendency of the writ petitions, the Special Deputy Tahsildar (Inams), the 4th respondent herein, passed an order dated 18-12-2006, implementing the orders passed by his superiors. The prayers in the writ petitions were amended to bring the said proceedings, within the purview of the writ petitions.3. The matter arises under the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 (for shor...
M. Satyanarayana Raju S/O M.V. Raju and anr. Vs. the Union of India (U ...
Court: Andhra Pradesh
Decided on: Apr-20-2009
Reported in: 2009(3)ALT770; 2009CriLJ3320
V. Eswaraiah, J.1. Common issues arise in these three cases, rendering them amenable to a conjoined disposal. Presently, the writ petition. The prayer in the writ petition is as hereunder:. to issue an appropriate writ, order or direction, more particularly, one in the nature of Writ of Mandamus declaring the action of the Respondents in trying to protect the 4th Respondent, who has misappropriated the public funds to the tune of Rs. 4,14,566/- by fabricated documents and cheating, from being prosecuted for the offences committed under Section 420, 463, 468 and 471, r/w. Section 120B of IPC, by issuing consecutive G.Os., i.e. G.O.Rt. No. 1617, Home (Legal.II) Department, dt.3.11.2007 and G.O.Rt. No. 407, Home (Legal.II) Department, dt.5.3.2008 and tampering with the course of justice by getting filed consecutive petitions to withdraw the prosecution and interdicting the due process of law by invoking the power conferred on them under Section 321 of the Criminal Procedure Code, 1973 as ...
Bolla Perayya S/O Late Venkataratnam and Two ors. Vs. Bolla Venkata Ra ...
Court: Andhra Pradesh
Decided on: Apr-20-2009
Reported in: 2009(6)ALT556
V.V.S. Rao, J.1. Petitioners are defendants in O.S. No. 793 of 2003 : Earlier O.S. No. 473 of 1999 on the file of the Court of Junior Civil Judge Palakol on the file of the Court of Principal Junior Civil Judge, Narsapur, filed by respondents (hereafter, plaintiffs) for permanent injunction as well as mandatory injunction. Along with the suit, plaintiffs filed I.A. No. 1739 of 1999 for ad interim injunction. Ex parte injunction order was granted and the same was subsequently made absolute. Alleging that injunction order has been flouted, plaintiffs moved an application under Order XXXIX Rule 2A of Code of Civil Procedure, 1908 (CPC) being I.A. No. 405A of 2004. The same is under enquiry. In the mean while, suit was coming up for trial. Defendants, therefore, filed I.A. No. 678 of 2006 praying trial Court to record common evidence in the suit as well as I.A. No. 405A of 2004. By impugned order dated 21.3.2009, trial Court dismissed application taking the view that when once the suit is ...
Thota Sambasiva Rao S/O Late Chandra Sekhara Rao, Vs. the State of A.P ...
Court: Andhra Pradesh
Decided on: Apr-20-2009
Reported in: 2009CriLJ3679
ORDERG.V. Seethapathy, J.1. This petition is filed under Section 482 Cr.P.C. seeking to quash further proceedings against the petitioners-A.1 to A.3 in Cr. No. 498 of 2008 on the file of Sastyanarayanapuram PS, Vijayawada.2. Heard both sides. Perused the record.3. On a complaint given by the 2nd respondent herein, the police registered FIR in Cr. No. 498 of 2008 against the petitioners herein for the offence under Section 498-A IPC. The first petitioner is the husband of the complainant. The 2nd petitioner is the mother of the first petitioner, 3rd petitioner is the brother of first petitioner. According to the complainant, her marriage with first petitioner-A.1 was performed on 12.04.2006 and at the time of the marriage, Rs. 2,00,000/- cash was given towards pasupu kumkuma, one gold chain and ring and other household articles wroth Rs. 1,00,000/- and adapaduchu lanchanam of Rs. 25,000/- and Rs. 2,00,000/- worth gold jewellery and Ac.3.00 of agricultural land. It is further alleged by ...
Sudhana Educational Society Vs. S.B.V.M. High School
Court: Andhra Pradesh
Decided on: Apr-20-2009
Reported in: 2009(5)ALT304
ORDERL. Narasimha Reddy, J.1. The respondent filed O.S. No. 70 of 2006 in the Court of Junior Civil Judge, Badvel, against the petitioner and the District Educational Officer, Kadapa, for the relief of perpetual injunction, to restrain the petitioner from making further construction over the suit site. The suit was referred to the Lok Adalat, at Badvel, and a compromise decree was passed on 03-12-2005. The undertaking, on behalf of the parties, as regards the manner in which the roads, in front of the schools, owned by the petitioner, on the one hand, and the respondent, on the other hand, were mentioned.2. The respondent filed E.P. No. 117 of 2006 before the Executing Court, under Order 21 Rule 32(1) C.P.C., praying for arrest of the Correspondent of the petitioner-school, on the ground that the conditions in the compromise decree are violated. The Executing Court allowed the E.P., with costs. Warrant was issued for sending the Correspondent of the petitioner, to Civil Prison, for 15 ...
M. Satyanarayana Murthy and Co., Rep. by Mg. Partner M.S. Murthy Vs. I ...
Court: Andhra Pradesh
Decided on: Apr-18-2009
Reported in: 2009(4)ALT420
ORDERG. Rohini, J. 1. The petitioner herein being the authorized dealer of the 1st respondent-Indian Oil Corporation Limited and possessing a Form-B licence under the provisions of the A.P. Petroleum Products Licence and Regulation of Supply Order, 1980 has been running a retail outlet at Srikakulam town. This writ petition is filed seeking a declaration that the order dated.24.11.2003 passed by the 1st respondent-corporation suspending the sales and supplies of all products by the petitioner for a period of 30 days w.e.f. 27-11-2003 to 26-12-2003 apart from imposing a fine of Rs. 20,000/- on the ground of alleged adulteration of petroleum products at the petitioner's retail outlet as arbitrary and illegal.2. The facts, in brief, are as under:On 17-09-2003 the petitioner's outlet was supplied 12000 liters of motor spirit by the 1st respondent-Corporation from Visakha Terminal through a tanker covered by invoice No. 756670 with density 0.7216. Before unloading the stock, necessary densi...
Chekka Raghuram Vs. Dendukuri Murali Raju
Court: Andhra Pradesh
Decided on: Apr-18-2009
Reported in: 2009(4)ALT546
ORDERVilas V. Afzulpurkar, J.This revision though preferred under Section 115 of the Code of Civil Procedure, 1908, is, in fact, a revision seeking to challenge the order of the learned Rent Controller cum Junior Civil Judge, Tuni in E.P. No. 63 of 1999 in R.C.C. No. 10 of 1998. Under the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act (for short 'the Act') a revision is provided under Section 22 of the Act. This revision is, therefore, being treated as one under Section 22 of the Act.2. The petitioner herein is the landlord whereas the respondent herein is the tenant of the premises bearing No. 4-11-39, Tuni, East Godavari District and carrying on business in running a sweet shop since 1989. The petitioner and the respondent are hereinafter referred to as landlord and tenant respectively.3. The facts, which gave to rise to the present proceedings, are as follows:(a) The landlord sought eviction of the tenant and called upon the tenant to vacate the premises under legal...
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