Andhra Pradesh Court August 2010 Judgments
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Sammeta Laxman Vs. the Government of A.P., Rep., by Its Principal Secr ...
Court: Andhra Pradesh
Decided on: Aug-23-2010
1. The short, but the vexed question, which is a breeding ground for needless litigation arising in these cases is whether the police officer has any discretion not to register the case after entering the substance of the complaint in the prescribed book (general diary), even though the contents of the information received by him disclose commission of cognizable offence/offences? 2. Before addressing this question, the facts in each of these two writ petitions are separately stated hereunder: There appeared to be matrimonial disputes between the petitioner's son and his daughter-in-law. The latter allegedly approached respondent No.5, who at the time was the Sub-Inspector of Police and Station House Officer of Gangadhara Police Station, Karimnagar District. The petitioner alleged that at the instance of his daughter-in-law, respondent No.5 used to call him and his family members to the police station daily and abuse in filthy language without registering any case against them. That on...
Mayana Saheb Khan. Vs. Mayana Gulab Jan and Others.
Court: Andhra Pradesh
Decided on: Aug-23-2010
One late Mayana Rouf Khan had three sons, by name Saheb Khan, appellant herein, Alam Khan, respondent No.11 and late Raheem Khan; and three daughters, by name Khayamkhani Ghousunnisa, Salawani Mayamunnisa and Habeeba, respondents 12 to 14 herein. The 1st respondent is the wife of late Raheem Khan. Raheem Khan died on 24.06.1997 leaving behind him certain items of movable and immovable properties. The appellant filed O.S.No.12 of 1998 in the Court of Senior Civil Judge, Rayachoty, against the respondents for partition and separate possession of the assets left by late Raheem Khan. He claimed 21.42% share in those properties in the capacity of sharer of the properties of the deceased. The suit was mainly opposed by the 1st respondent. She did not dispute the relationship of the parties. She however pleaded that her husband gifted items 1 and 2 of the suit schedule in her favour and as such, they are not available for partition. The other respondents have adopted the defence offered by th...
The Joint Collector, Vs. Medak District at Sangareddy. and Others.
Court: Andhra Pradesh
Decided on: Aug-23-2010
The petitioner assails the cancellation of the assignment of land in his favour which was confirmed in appeal and thereafter in revision. He seeks a consequential direction to the respondents not to interfere with his possession over the assigned land.The petitioner was assigned an extent of Acs.3.00 in Survey No.78/1 of Aurangabad Village, Medak Taluq, by the Government of Andhra Pradesh under proceedings dated 31.05.1978 of the Tahsildar, Medak Taluq, under the Laoni Rules contained in G.O.Ms.No.1406 dated 26.07.1958 read with G.O.Ms.No.1724 dated 26.08.1959. Survey No.78/1 corresponds to new Survey No.78/69. He was thereafter issued a pattadar pass book and title deeds in respect of the above land under the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971. While so, the assignment in favour of the petitioner was cancelled by the then Mandal Revenue Officer, Medak, respondent 3, under proceedings dated 28.02.1994. The petitioner claims ignorance of th...
Suggula Venkata Subrahmanyam and Others.Vs. Desu Venkata Rama Rao and ...
Court: Andhra Pradesh
Decided on: Aug-20-2010
Arising from the order dated 05.06.2006 passed by the Principal Senior Civil Judge, Tenali, in E.A.No.525 of 2001 in E.P.No.70 of 2000 in O.S.No.250 of 1989, this Civil Revision Petition focuses on the powers of the executing Court under Section 47 of the Code of Civil Procedure, 1908 (CPC).Facts germane to this adjudication: The first respondent herein filed the suit O.S.No.250 of 1989 for specific performance of agreement of sale dated 19.10.1987 executed by the petitioners. The said suit was decreed on 14.07.1994 directing the petitioners to execute a sale deed in favour of the first respondent in respect of the plaint schedule property within three months and if they failed to do so, the first respondent was given the liberty to get the sale deed executed through due process of law. The first respondent had to pay a total sale consideration of Rs.1,10,000/- as per the terms of the agreement. Out of the same, admittedly he had paid only Rs.43,000/- by the date of institution of the ...
Pyla Demudamma W/O Sanyasi Rao, R/O. Tanam Village, Paravada Mandal, V ...
Court: Andhra Pradesh
Decided on: Aug-20-2010
1. This appeal is by the plaintiff against dismissal of her suit O.S.No.64 of 1998 for declaration of title with respect to A schedule properties and consequential relief of permanent injunction with respect to B schedule properties and for possession of C schedule properties. 2. The plaintiff is the daughter of the defendant. She filed the present suit on the basis of suit notice Ex.A1 = Ex.B15 dated 26.09.1998 and the reply thereto by the defendant under Ex.B17 = Ex.A3 dated 08.10.1998. The foundation of plaintiff's case is that her mother - Chinna was the only daughter of one Pyla Chinna Musalayya alias Krishnamma, who died intestate about 30 years ago and plaintiff's mother is his only daughter and legal heir. All the suit schedule properties except few items, which are claimed by the defendant, as his self-acquisitions are, admittedly, properties of Pyla Chinna Musalayya. In the suit notice Ex.A1 referred to above, the plaintiff had asserted the said relationship and under the re...
M/S. Rindavani Flat Owners Association Vs. M/S. Siva Sai Builders and ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Aug-20-2010
Oral Order :(Per Smt. M. Shreesha, Honble Member) Aggrieved by the order in C.D.No.1462/2000 on the file of District Forum-II, Hyderabad, the complainant preferred this appeal. The said C.D. was originally disposed of by the District Forum on 26.8.2004 directing the complainant association to deposit an amount of Rs.2 lakhs with the opp.party and also directed opposite party to complete the electricity connection and water connection and other minor pending works within one month of the deposit amount and against the said order, the complainant preferred appeal before this Commission stating that the members who signed the order dated 26.8.2004 never heard the case and hence they do not form part of the quorum in the said order and the said order is not sustainable. This Commission vide its order in F.A.No.997/04 set aside the order of Dist. Forum dt. 26.8.2004 and the matter was remanded to the Dist Forum with a direction to conduct denovo enquiry and dispose of the complaint expediti...
Kum. SashikalA. Vs. B.Sharma and Others.
Court: Andhra Pradesh
Decided on: Aug-19-2010
Respondent No.1 filed O.P.No.1594 of 1995 in the Court of the II Additional Chief Judge, City Civil Court, Hyderabad under Section 276 of the Indian Succession Act (for short 'the Act') to grant probate in respect of a Will, dated 10.12.1990, executed by Mahant Ramchandra Das Khaki, her father. Her mother, respondent No.5, was impleaded as respondent No.4 in the O.P. The subject matter of the Will was three F.D.Rs. Initially, the O.P. was allowed on 30.09.1999 and probate was granted in favour of respondent Nos.1 and 5 to the extent of 75% and 25% respectively of the value of the F.D.Rs. The appellant herein, who was not a party to the O.P., filed C.M.A.No.121 of 2000 before this Court against the order, dated 30.09.1999, passed in the O.P. She pleaded that her father, late Raj Mohan Das, was the adopted son of late Mahant Ramchandra Das and that she is entitled to succeed to the property. The appeal was allowed by this Court on 18.04.2002 and the matter was remanded to the trial Court...
Smt. Shaik MuskIn Bee. Vs. Union of India
Court: Andhra Pradesh
Decided on: Aug-19-2010
The appellant filed O.A.A.No.233 of 1999 before Secunderabad Bench of Railway Claims Tribunal (for short 'the Tribunal') claiming compensation on account of the death of her father, by name Dhodiyam Imam Saheb. It was pleaded that Imam Saheb was doing business in clothes by travelling from place to place and that on 08.07.1999, he purchased a ticket at Rajampet Railway Station to go to Kadapa by Train No.6012 Madras-Dadar Express. It is stated that in the evening of 08.07.1999, he boarded the train, but on account of sudden jerk, he fell down and came between the platform and the train, resulting in his death.The respondent filed a written statement opposing the claim. It denied the allegation that the death was on account of the sudden jerk or in an untoward incident. It was pleaded that when the train was leaving the station at 16.20 hours, it was found that a person aged about 40 years attempted to get into the running train and in the process, fell and came under the wheels. Accord...
C. Abhishek Vs. M/S. Volkswagen Group Sales India Private Limited and ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Aug-19-2010
Oral order:(Per Honble Justice Sri D. Appa Rao, President) Heard the learned counsel for the complainant. A perusal of the record shows that the District Forum returned the complaint by raising two queries as to how the complaint is within the pecuniary jurisdiction of the District Forum and to file documents mentioned in the complaint. Without representing the same by answering the queries, straight away, the complainant preferred the complaint before this Commission without any justification. In the circumstances, the complainant is directed to answer the queries raised by the District Forum and only if the District Forum finds that it has no jurisdiction, it could direct the complainant to file the complaint before the State Commission. For the aforementioned reasons, Registry is directed to return the complaint for presenting the complaint before the District Forum after complying the objections....
M/S. Jana Harsha Estates Construction Pvt. Ltd Vs. Sri S. Prakash Redd ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Aug-19-2010
Oral order:(Per Honble Justice Sri D.Appa Rao, President) This is an appeal preferred by the opposite party against the exparte order passed by the District Forum directing it to execute the registered sale deed on the complaint filed by the respondent herein. The case of the complainant in brief is that the appellant is a construction company and on the offer made it, he agreed to purchase plot bearing No.A-32 admeasuring 2400 sq. yds. in the venture floated by the appellant. He paid the entire sale consideration of Rs.5,98,000/- evidenced under receipts, Ex.A21 and despite issuance of notice, the appellant did not give any reply. Therefore, he filed the complaint to direct the appellant herein to execute the registered sale deed or in the alternative to refund the sale consideration of Rs.5,98,000/- together with costs. Notice sent to the opposite party by the District Forum was returned by the post man as N.S without proper endorsement and the District Forum drew a presumption that...
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