Andhra Pradesh Court July 2009 Judgments
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Bharath Sanchar Nigam Limited Rep. by Its Chief General Manager (Telec ...
Court: Andhra Pradesh
Decided on: Jul-24-2009
Reported in: (2009)25VST511(AP)
ORDERAnil R. Dave, C.J.1. The short question involved in this petition is whether the respondent authorities have unfettered right to withhold the amount payable to the petitioner by way of refund under the provisions of Section 40(2) of the Andhra Pradesh Value Added Tax Act, 2005 (hereinafter referred to as 'the APVAT Act').2. The facts, which are not in dispute, are as under:By virtue of an order dated 28th November, 2007 passed in T.A. No. 1142 of 2007 by the Andhra Pradesh Sales Tax Appellate Tribunal, Hyderabad (for short 'STAT'), a sum of Rs. 14,52,29,260/-, has become payable to the petitioner. As the said amount was not refunded to the petitioner by the respondent authorities, the petitioner was constrained to file Writ Petition No. 14312 of 2007 before this Court praying for a direction to the respondent authorities for refund of the afore-stated amount. After hearing the concerned advocates, this Court, by an order dated 9th June, 2008, disposed of the petition by observing ...
Smt. Amarjit Kaur Vs. S.L. Hussain
Court: Andhra Pradesh
Decided on: Jul-24-2009
Reported in: 2009(6)ALT134
R. Kantha Rao, J.1. Second Appeal No. 1365 of 2007 arises out of the judgment in A.S. No. 207 of 2006 on the file of I Additional Chief Judge, City Civil Court, Secunderabad whereas the Second Appeal No. 1379 of 2007 arises out of the judgment in A.S. No. 208 of 2006 on the file of I Additional Chief Judge, City Civil Court, Secunderabad.2. For the sake of convenience the parties hereinafter will be referred to as plaintiff and defendant/defendants i.e., as they were originally arrayed in the respective suits.3. O.S. No. 496 of 2003 and O.S. No. 497 of 2003 were filed by Smt. Amarjit Kaur, the land lady against the different tenants in respect of two different portions of the building. In O.S. No. 496 of 2003, Syed Lathaful Hussain is the tenant/defendant, whereas in O.S. No. 497 of 2003, Sri S.M. Hussain since the deceased (per L.Rs) is the tenant/defendant. In the said suit in O.S. No. 497 of 2003, the defendants 2 to 5 were brought on record as L.Rs of S.M. Hussain, the first defend...
C. Raghunandan Vs. K. Nageswar Rao and ors.
Court: Andhra Pradesh
Decided on: Jul-24-2009
Reported in: AIR2009AP205; 2009(5)ALT584
L. Narasimha Reddy, J.1. The defendant in O.S. No. 1417 of 1993 on the file of the VIII Assistant Judge, City Civil Court, Hyderabad, is the appellant in the Second Appeal. Respondents 1 to 3 filed the suit for the relief of redemption of mortgage, against the appellant. They prayed for a preliminary decree, through which, the appellant be directed to receive a sum of Rs. 16,000/-, as provided for under a document, dated 29.04.1977, and to execute deed of reconveyance in respect of the suit schedule premises, comprised in House Nos. 14-9-30 to 34 and 14-9-1168 to 1170 situated at Jinsi Chau Rahi, Begum Bazar, Hyderabad. Direction was also sought against the appellant preventing him from executing the order, dated 17.11.1992, passed by the IV Additional Rent Controller, Hyderabad in R.C. No. 732 of 1987. A prayer for redelivery of possession of the property was also made.2. It was pleaded that the appellant is a professional money lender and in April 1977, the respondents approached him...
Hafizunnisa Begum and ors. Vs. A.P. Housing Board and ors.
Court: Andhra Pradesh
Decided on: Jul-24-2009
Reported in: 2009(5)ALT631
P.S. Narayana, J.1. The unsuccessful plaintiffs in O.S. No. 509 of 1995 on the file of the IV Senior Civil Judge, City Civil Court at Hyderabad had preferred the present appeal.2. The Andhra Pradesh Housing Board, represented by its Chairman 1st Respondent herein is the defendant in the said suit. Rajesh Kumar Agarwal and Ramanlal Agarwal who are Respondents 2 and 3 were impleaded as parties to this appeal by order dated 27-11-2008 in C.C.A.M.P. No. 772 of 2008. The said suit was filed for declaration of title of the appellants/plaintiffs herein relating to the plaint schedule property and for delivery of possession and for other appropriate reliefs.3. The trial Court in the light of the respective pleadings of the parties having settled the issues recorded the evidence of P.W.1 and D.W.1 marked Exs.A-1 to A-32, Exs.B-1 to B-21 and ultimately came to the conclusion that the appellants/plaintiffs are not entitled to any of the reliefs prayed for and accordingly, dismissed the suit. Aggr...
Lagadapati Dhanalakshmi and ors. Vs. Lagadapati Anjaneyulu
Court: Andhra Pradesh
Decided on: Jul-24-2009
Reported in: AIR2010AP14; 2009(5)ALT812
R. Kantha Rao, J.1. The Second appeal is directed against the judgment dated 29.09.2006 passed by the III Additional District & Sessions Judge at Ongole in A.S. No. 1 of 2002.2. For the sake of convenience, the parties will be referred to as plaintiff and defendants i.e., as they were arrayed in the original suit filed before the trial Court.3. The brief facts leading to filing of the present appeal may be stated as follows:The plaintiff filed the suit for specific performance of agreement dated 11.07.1987 against the first defendant, pending suit the first defendant died and defendants 2 to 4 are brought on record as legal representatives. According to the plaintiff, the first defendant agreed to sell the plaint schedule property to the plaintiff for an amount of Rs. 30,000/- and executed an agreement to sell on 11.07.1999 in favour of the plaintiff and received the sale consideration of Rs. 29,000/- from the plaintiff. As per the stipulation mentioned in the agreement, the plaintiff ...
Bongunoori Bal Reddy and ors. Vs. D.V. Satyanarayana Raju and ors.
Court: Andhra Pradesh
Decided on: Jul-24-2009
Reported in: 2009(5)ALT828
ORDERL. Narasimha Reddy, J.1. The respondents filed O.S. No. 579 of 2006 in the Court of Junior Civil Judge, Medchal, Ranga Reddy District, against the petitioners for the relief of perpetual injunction in respect of Ac.2.0 1/2 guntas of land in Sy. No. 230/AA of Dommar Pochampally Village. Quthbullapur Mandal, Ranga Reddy District. It was pleaded that the respondents purchased the land through document dated 11-05-2006, from the registered owner, represented by his power of attorney and ever since then they are in possession of the land. They complained that the petitioners are interfering with their possession and enjoyment of the land. With these allegations, they have also filed I.A. No. 1923 of 2006, under Order XXXIX Rules 1 and 2 C.P.C.2. The petitioners, on the other hand, filed a counter, stating that they are in possession and enjoyment of Ac.1.38 guntas of land, in that survey number, ever since 1959. The original pattadar and his brothers are said to have executed unregiste...
K. Anitha Vs. G. Subbaiah
Court: Andhra Pradesh
Decided on: Jul-24-2009
Reported in: 2009(6)ALT421
ORDERL. Narasimha Reddy, J.1. The petitioner filed O.S. No. 1533 of 1996 in the Court of II Senior Civil Judge, City Civil Court, Hyderabad, against the respondent, for the relief of specific performance of an agreement of sale. The suit was decreed ex parte, on 03.03.1997. E.P. No. 65 of 1997 was filed and the decree was executed.2. The respondent filed I.A. No. 577 of 2007 under Order IX Rule 13 CPC with a prayer to set aside the ex parte decree. He has also filed I.A. No. 873 of 2007 under Sections 195 and 340 Cr.P.C read with Section 151 CPC, with a prayer to prosecute the petitioner, her father, by name, K. Rangaiah and the subsequent purchasers by names, A.N.V. Gopal and A.K. Rama Devi. He pleaded that the petitioner and her father have brought into existence, or fabricated, the agreement of sale by misusing certain signed papers and thereby, committed the offence, mentioned in Section 195 Cr.P.C.3. It appears that I.A. Nos. 873 and 577 of 2007 were being heard together. At the i...
Pidikiti Sasikala Vs. Kothamasu Lakshmi Mohan Rao @ Mohan Rao and ors.
Court: Andhra Pradesh
Decided on: Jul-24-2009
Reported in: 2010(1)ALT335
ORDERB. Prakash Rao, J.1. In this revision filed under Section 115 of the Code of Civil Procedure the petitioner who is the decree-holder seeks to assail the correctness of the orders passed in E.A. No. 367/2008 in E.A. No. 562/2002 in E.P. No. 20/2002 in O.S. No. 316/1987, on the file of I Additional Senior Civil Judge, Guntur dated 27-1-2009 dismissing an application filed by him purportedly under Order 26 Rule 10-A of the Code of Civil Procedure read with Section 45 of the Evidence Act, where he sought for a direction to send for Ex.B-66 in O.S. No. 66/1982 on the file of the same court to be considered with the disputed signature of Ex.A-1, which is an agreement of sale dated 14-3-1980 executed by the judgment-debtor in favour of his sister and to send for opinion of the handwriting expert regarding the signatures of the notary of Kodali Venkata Ratnam Chowdary.2. The facts, which gave rise to the present request on behalf of the petitioner are that, in the suit filed for recovery ...
Syed Quadri Vs. Syed Mujeebuddin
Court: Andhra Pradesh
Decided on: Jul-22-2009
Reported in: 2009(5)ALT502
A. Gopal Reddy, J.1. This is an appeal filed by the plaintiff against the judgment and decree passed by the Additional Judge, City Small Causes Court-cum-VI Senior Civil Judge, City Civil Court, Hyderabad in O.S. No. 399 of 1996 dated 04.03.2003 whereby the suit filed by the plaintiff for specific performance of agreement of sale dated 11.08.1995 in respect of the suit schedule property was dismissed.2. For the sake of convenience, the parties are referred to as arrayed in the Court below.3. The plaintiff instituted the above suit seeking specific performance of agreement of sale dated 11.08.1995 executed by the defendant in his favour, agreeing to sell the premises to an extent of 200 sq.yds. bearing No. 10-3-16/4/3, Humayunnagar, Asifnagar, Golkonda main road, Hyderabad for a total sale consideration of Rs. 10,50,000/-; out of which the plaintiff paid an amount of Rs. 5,00,000/- on the said date i.e., 11.08.1995 and Rs. 50,000/- on 12.08.1995 being the advance sale consideration. The...
Sankuratri Veera Venkata Naga Mohan Raghavadevi Vs. Vedulla Anjaneyulu ...
Court: Andhra Pradesh
Decided on: Jul-22-2009
Reported in: 2009(6)ALT626
ORDERL. Narasimha Reddy, J.1. These two revisions have several aspects in common. The parties are referred to, as arrayed in C.R.P. No. 2815 of 2006.2. The first respondent and the husband of second respondent by name Narasimha Rao are brothers. In the family partition among the first respondent, Narasimha Rao and their father by name Somaraju, Narasimha Rao got Acs.3.59 cents in Survey No. 689/1 of Singarajupalem village. Narasimha Rao died on 28.01.1998. The second respondent and her daughter (third respondent in C.R.P. No. 2815 of 2006) executed a sale deed dated 23.07.1999 in favour of the petitioner in respect of the said land and certain other piece of land.3. The first respondent filed A.T.C. No. 80 of 2000 under Sections 15 and 16 of the Andhra Pradesh (Andhra Area) Tenancy Act, 1956 ('the Act' for brevity) before the Special Officer-cum-Principal Junior Civil Judge, Tadepalligudem, against the petitioner and respondents 2 and 3 with a prayer to declare him that he is a statuto...
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