Andhra Pradesh Court June 2009 Judgments
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T. Seethapathy and anr. Vs. Principal District and Sessions Judge Rep. ...
Court: Andhra Pradesh
Decided on: Jun-05-2009
Reported in: 2009(4)ALT800
ORDERB. Prakash Rao, J. 1. This revision petition is filed by the petitioners/defendants under Article 227 of the Constitution of India against the order passed in I.A. No. 205 of 2008 in O.S. No. 300 of 2005, dated 30.06.2006 on the file of the III Additional Senior Civil Judge (FTC) Guntur, wherein and whereby the application purported to have been filed by the petitioners under Section 10 of C.P.C., seeking to stay all the proceedings in O.S. No. 300 of 2005 was dismissed.2. Heard the learned Counsel for the petitioners Dr. P.B. Vijay Kumar and Smt. M. Bhaskara Lakshmi, learned Standing Counsel appearing on behalf of the respondent.3. The facts of the case in brief are that the respondent herein filed a suit against the petitioners herein for recovery of an amount of Rs. 4,16,414-35 ps for alleged misappropriation of funds, while working as employees in the Court of Principal Senior Civil Judge at Guntur, during the period 1996 to 1998. Thereafter, criminal proceedings were initiate...
Lalitha Pershad (Died) Per Lrs Vs. Shyamsunderlal (Died) Per Lrs
Court: Andhra Pradesh
Decided on: Jun-05-2009
Reported in: 2009(5)ALT67
V.V.S. Rao, J.Introduction1. This appeal by plaintiffs is against Judgment and decree in O.S. No. 285 of 1983, dated 31.03.1989 on the file of the Court of the Principal Subordinate Judge, Ranga Reddy District. The journey of the suit started in 1959. Moving from original Court to appellate Court and then from original Court to another, the case so far spent about fifty years in judicial system. There is no hope that this journey would stop with this Judgment. Nevertheless, learned Counsel for both sides argued with admirable effort leaving no point untouched. Plaintiffs' suit is for declaration and for consequent correction of revenue entries, which was dismissed holding that the plaintiffs' branch and defendants' branch are entitled to property. Case and counter case is stated infra by referring to parties as they are arrayed in the suit.From 1959 to 19892. Plaintiff Lalitha Pershad filed suit being O.S. No. 51/1/1959 on 17.09.1959 on the file of the Court of the Munsif Magistrate (W...
M. Bojji Raju Vs. State of Andhra Pradesh Rep. by District Collector a ...
Court: Andhra Pradesh
Decided on: Jun-04-2009
Reported in: 2009(4)ALT635
G.V. Seethapathy, J.1. This second appeal is directed against the judgment and decree dated 01-11 -1999 in A.S. No. 19 of 1995, on the file of the V-Additional District Judge, Tirupati, wherein the said appeal filed by the appellant herein was dismissed, confirming the judgment and decree dated 31-03-1995 in O.S. No. 33 of 1900, on the file of the Subordinate Judge, Puttur, whereunder the said suit filed by the appellant herein for declaration and injunction in respect of the plaint schedule lands, was dismissed.2. Arguments of the learned Counsel for the appellant and the learned Government Pleader for Arbitration for the respondents are heard. Perused the record.3. The appellant herein filed the suit with the following averments: The plaint schedule lands of Ac.8-16 cents in R.S. No. 157, Ac.3-45 cents in R.S. No. 158 and Ac.7-53 cents in R.S. No. 159/1 are situate in Vengalrajukuppam village, which is part of Zamindari of Karvetinagar and part of Zamin was purchased by the Tirumala ...
Parimi Vishnumurthy and anr. Vs. Vundavalli Dorayya and anr.
Court: Andhra Pradesh
Decided on: Jun-04-2009
Reported in: AIR2009AP187; 2009(7)ALT716
ORDERG.V. Seethapathy, J.1. These two appeals arise out of the common judgment dated 20-12-1996 in A.S. Nos.71 and 72 of 1990, on the file of the Subordinate Judge, Kovvur, wherein both the appeals were dismissed, confirming the judgments and decrees dated 22-08-1990 in O.S. Nos. 607 of 1983 and 556 of 1986, on the file of the Principal District Munsif, Kowur.2. The appellants in S.A. No. 481 of 1997 are defendants 2 and 3 in O.S. No. 607 of 1983, filed by the first respondent herein. The second respondent herein is the first defendant in O.S. No. 607 of 1983. The appellant in S.A. No. 486 of 1997, who is the plaintiff, filed the other suit O.S. No. 556 of 1986 against the respondent who is the plaintiff in O.S. No. 607 of 1983.3. For the sake of convenience, the parties are hereinafter referred to as arrayed in the suits before the trial Court.4. Undavalli Doraiah filed the suit O.S. No. 607 of 1983 against the appellants herein and the second respondent, with the following averments,...
Hayat Begum and ors. Vs. Khadar Sharif and ors.
Court: Andhra Pradesh
Decided on: Jun-04-2009
Reported in: 2009(6)ALT339
ORDERL. Narasimha Reddy, J.1. The petitioners filed A.T.C. No. 5 of 1991 before the Special Officer, under the A.P. (Andhra Area) Tenancy Act (for short 'the Act')-cum-Principal Junior Civil Judge, West-Godavari, at Eluru, against the respondents for the relief of eviction from agricultural land. Through its order dated 30-10-2003, the trial Court allowed the A.T.C. The respondents filed A.T.A. No. 52 of 2003 before the Tenancy Appellate Tribunal-cum-District Judge (for short 'the Tribunal'), West-Godavari at Eluru. The Tribunal allowed the appeal on 24-01-2005. Hence, this C.R.P.2. Learned Counsel for the petitioners submits that the Tribunal was mostly guided by the fact, that the respondents herein filed O.S. No. 959 of 2004 in the Court of I Additional Junior Civil Judge, Eluru, for declaration of title; and strictly speaking, that factor ought to have been the basis, to dismiss their appeal. He contends that the trial Court was satisfied, that the respondents committed default in ...
Manohar Reddy and ors. Vs. Syed MohiuddIn and ors.
Court: Andhra Pradesh
Decided on: Jun-04-2009
Reported in: 2010(1)ALT453
P.S. Narayana, J.1. This appeal is preferred by the unsuccessful plaintiffs in O.S. No. 22 of 78 on the file of Subordinate Judge, Mahaboobnagar. The said suit was instituted praying for the relief of eviction after demolishing the construction made on a portion of the plaint schedule property and also for the relief of injunction restraining defendants 1 to 5 or any of them from interfering with the possession and enjoyment of the plaintiffs relating to the area marked in red in the sketch and for mesne profits and also for the other appropriate reliefs.2. The learned Subordinate Judge, Mahaboobnagar, in the light of the respective pleadings of the parties, having settled the issues, recorded the evidence of P.Ws.1 to 4 and D.Ws.1 to 7, marked Ex.A.1 to Ex.A.24, Ex.B.1 to Ex.B.11 and Ex.X.1 and on appreciation of the evidence, came to the conclusion that the plaintiffs are not entitled to the reliefs prayed for and accordingly dismissed the suit. Aggrieved by the same, the plaintiffs ...
G. Sarvaiah Goud and ors. Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Jun-02-2009
Reported in: 2009(4)ALT141
L. Narasimha Reddy, J.1. The petitioners feel aggrieved by a memo, dated 18.01.2008, issued by the Joint Collector-I, Ranga Reddy District, the 2nd respondent herein.2. The relevant facts that gave rise to filing of the Writ Petition, as stated by the petitioners, are:Petitioners 1 to 4, father of petitioner No. 5 and husband of petitioner No. 6 are the sons of one Gouni Agaiah Goud of Turkayamjal Village. Agaiah Goud was in possession and occupation of an extent of Acs.9.27 guntas of Government land in Survey No. 557 of Turkayamjal Village, Hayathnagar Mandal, Ranga Reddy District, since 1930. Recognizing his possession, the authorities of the revenue department issued proceedings, dated 03.05.1955, for assignment of the land as 'Louni Khas'. Subsequently, the land was partitioned among the members of the family.3. The Mandal Revenue Officer, Hayathnagar, the 4th respondent herein, filed a case, being O.P. No. 681 of 1994, before the District Court, Ranga Reddy District, under the A.P...
Nagareddy Rajagopala Reddy Vs. Oriental Fire and General Insurance Com ...
Court: Andhra Pradesh
Decided on: Jun-02-2009
Reported in: 2009(4)ALT804
1. The unsuccessful plaintiff filed instant appeal against Judgment and decree, dated 31.10.1990 in O.S. No. 155 of 1984 on the file of the Court of the Subordinate Judge, Nellore. His suit for recovery of a sum of Rs. 82,000/- which includes Rs. 58,600/- towards damages and Rs. 23,400/- towards salvage charges, was dismissed by trial Court accepting the plea of respondent insurance company, namely, Oriental Fire and General Insurance Company Limited (now Oriental Insurance Company Limited). In this appeal, parties are referred to as they are arrayed in suit.2. The case of plaintiff is as follows. Bobbala Dharma Raju is original owner of MPM 370 fishing boat. So as to insure the boat with defendant company, Dharma Raju paid first instalment of premium in a sum of Rs. 1,650/- on 17.12.1982. Even before regular Marine Hull Policy could be issued, he entered into an agreement with plaintiff to sell the boat for Rs. 66,000/-. Having received entire sale consideration, he transferred boat t...
Oriental Insurance Company Limited Vs. N. Sarojini and ors.
Court: Andhra Pradesh
Decided on: Jun-02-2009
Reported in: 2009(5)ALT698
V.V.S. Rao, J.1. This appeal by Oriental Insurance Company Limited is against the order dated 19.11.2001 in W.C. Case No. 1 of 2001 passed by the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour (the Commissioner, for brevity), Patancheru, Medak District awarding a sum of Rs. 2,14,000/- to respondents 1 to 3 herein (hereafter called, claimants) as compensation for the death of Kanakaiah, who died in the course of employment as driver with fourth respondent herein. The two grounds urged in support of the appeal are that Kanakaiah was not an employee of fourth respondent and that the Commissioner cannot award more than the amount claimed by dependents of workman. 2. Claimants filed W.C.Case before the Commissioner alleging that Kanakaiah was driver of jeep bearing No. AP 9 AA 1063 belonging to fourth respondent (hereafter called, owner/employer). He was aged 27 years and was earning Rs. 2,500/- per month. On 25.09.2000, Kanakaiah died when the jeep met with an...
Afzalunnisa Begum W/O. Late Mohd. Abdul Salam Vs. the State of A.P. Re ...
Court: Andhra Pradesh
Decided on: Jun-02-2009
Reported in: 2009CriLJ4191
ORDERA. Gopal Reddy, J.1. A short question that arises for consideration in these two criminal petitions filed under Section 482 Cr.P.C., is whether 'respondent' as defined under Section 2(q) includes a female person or not under the Protection of Women from Domestic Violence Act, 2005 (for short 'the Act').2. When the criminal petitions were taken up for hearing by one of us (KCB, J), learned brother appears to have been felt that the matter should be decided by a Division Bench and accordingly directed the Registry to place the matter before the Honourable the Chief Justice for constitution of appropriate. Bench for deciding the issue. Therefore, the petitions thus listed before us.3. The facts in nutshell leading to filing of the petitions are thus:Crl. Petition No. 7160/2008 is filed by the petitioner for quashing the proceedings in DVC No. 35/2008 on the file of VI Additional Chief Metropolitan Magistrate, Hyderabad, which was filed by the second respondent who is the daughter-in-...
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