Andhra Pradesh Court March 2012 Judgments

M/S. Durga Matha House Building Constructions Co. Op. Housing Society ...

Court: Andhra Pradesh

Common order: Goda Raghuram, J. These are applications seeking review of the common judgment dated 16-07-2010 passed in A.S.Nos.719; 723 and 725 of 2005 whereby the appeals were dismissed confirming the judgments and decrees in O.S.Nos.109 of 2002; 178 of 2003 and 179 of 2003 on the file of the learned V-Additional District Judge, Ranga Reddy District. The trial Court dismissed the three suits filed by the petitioners seeking permanent injunction in respect of the suit schedule properties claiming possession of the schedule properties on the date of institution of the respective suits. In A.S.No.723 of 2005, the petitioners herein who are the appellants filed five applications - (1) A.S.M.P.No.2543 of 2007 for reception of specified documents appended to the application as additional evidence in the appeal; (2) A.S.M.P.No.1583 of 2008 seeking amendment of the suit schedule property in (the substantive suit) O.S.No.179 of 2003; (3) A.S.M.P.No.1584 of 2008 for amendment of the Plai...

M.Yerrappa (Died) by L.Rs. M.Satyanaraya Vs. the Authorised Officer, L ...

Court: Andhra Pradesh

THE HONOURABLE SRI JUSTICE C.V.NAGARJUNA REDDY CIVIL REVISION PETITION No.4595 o21. 03-2012 M.Yerrappa (died) by L.Rs. M.Satyanarayanappa & others The Authorised Officer, Land Reforms Appellate Tribunal, Anantapur. Counsel for Petitioners: Sri O.Manohar Reddy Counsel for Respondents: G.P. for Arbitration HEAD NOTE: CITATIONS: ORDER: This Civil Revision Petition arises out of order, dated 21.07.2011, in I.A.No.3 of 2006 in L.R.A.No.4 of 2008 on the file of the Land Reforms Appellate Tribunal, Anantapur. The respondent is the appellant in L.R.A.No.4 of 2008 on the file of the Land Reforms Appellate Tribunal, Anantapur. The said appeal was filed against order, dated 19.10.2010, in C.C.No.4060 to 4069/75/RDG on the file of the Land Reforms Tribunal & R.D.O., Anantapur. As there was delay in filing the said appeal, the respondent filed I.A.No.3 of 2006 for condonation of delay of 1869 days in filing the appeal. The petitioners filed a counter affidavit opposing the said application....

Dasari Venkateswarlu Vs. 1. State of A.P., Through Its Public

Court: Andhra Pradesh

JUDGMENT: 1. The appeal is filed against acquittal of the accused in Criminal Appeal No.204 of 2002 by I Additional District and Sessions Judge, Ongole, setting aside the conviction and sentence imposed by II Additional Judicial Magistrate of First Class, Ongole, in C.C. No.195 of 2002. 2. A complaint under Section 138 of Negotiable Instruments Act (for short 'the Act') has been filed on the ground that the accused has borrowed a sum of Rs.90,000/- from the complainant on 11.11.2000 and subsequently towards discharge of the debt he has given cheque dated 02nd April 2002 which was presented and it was dishonoured, as the account said to have been closed even prior to the issue of the cheque. The court below, after conducting trial, has accepted the prosecution case and convicted the accused for the offence under Section 138 of the Act and sentenced him to undergo simple imprisonment for a period of one year and to pay a compensation of Rs.1,20,000/-. As against that judgment, the appell...

Sri Bhaktanjaneya Swamy Vari Devalayam T Vs. 1) to Whom So Ever It May ...

Court: Andhra Pradesh

COMMON JUDGMENT: 1. As the subject matter of the dispute is common, both these Civil Revision Petitions are heard and being disposed of together. 2. For convenience, the parties are referred as they are arrayed in C.R.P.No.5784/2010. 3. C.R.P.No.5784/2010, arises out of order dated 31-8-2010 in T.O.P.No.193/2007 whereby the learned District Judge, Khammam dismissed the said T.O.P. filed by the petitioner under Section 34 of the Indian Trusts Act, 1882 (for short "the Trusts Act") seeking permission to proceed with the sale of the petition schedule property. C.R.P.No.394/2012 is filed by respondent No.2 assailing the findings rendered by the learned District Judge in the above mentioned O.P. with respect to the nature of the Trust in question and the petition schedule property. 4. The facts leading to the filing of this Civil Revision Petition are briefly stated hereunder: A person by name Kannaiah Lal Singh and Smt. Bondali Krishna Bai, the widow late Mohan Singh, who was the brother o...

Dasari Venkateswarlu Vs. State of A.P., Through Its Public Prosecutor, ...

Court: Andhra Pradesh

1. The appeal is filed against acquittal of the accused in Criminal Appeal No.204 of 2002 by I Additional District and Sessions Judge, Ongole, setting aside the conviction and sentence imposed by II Additional Judicial Magistrate of First Class, Ongole, in C.C. No.195 of 2002. 2. A complaint under Section 138 of Negotiable Instruments Act (for short 'the Act') has been filed on the ground that the accused has borrowed a sum of Rs.90,000/- from the complainant on 11.11.2000 and subsequently towards  discharge of the debt he has given cheque dated 02nd April 2002 which was presented and it was dis-honoured, as the account said to have been closed even prior to the issue of the cheque. The court below, after conducting trial, has accepted the prosecution case and convicted the accused for the offence under Section 138 of the Act and sentenced him to undergo simple imprisonment for a period of one year and to pay a compensation of Rs.1,20,000/-. As against that judgment, the appellate...

M/S. Sri Gajanan Stores Rep. by Its Managing Partner Sudhakar Phadki, ...

Court: Andhra Pradesh

COMMON JUDGMENT: K.S. Appa Rao 1. These two appeals are filed against the common order, dated 02-08-1999 passed in O.P.Nos.342 of 1995 and 348 of 1996 respectively on the file of the II Additional Chief Judge, City Civil Court at Hyderabad. 2. Since both appeals arise out of the common judgment and the issue involved in them is interrelated, both the appeals are clubbed together and this common judgment is delivered. The parties hereinafter are referred to as they are arrayed in the lower Court in O.P.No.342 of 1995. 3.The brief facts of the case, which are necessary for the disposal of these appeals, are as follows: O.P.No.342 of 1995: This O.P. was filed by the petitioners therein under Section 276 of Indian Succession Act, 1925 (for short ‘the Act’) for granting probate of the Will, dated 06-08-1993 pertaining to the petition ‘A’ and ‘B’ schedule properties. The first petitioner is a partnership firm. One Late Smt. Saralabai Phadke was the mother ...

B. Nagabhushanam and Others Vs. the Govt. of A.P. and Others

Court: Andhra Pradesh

These three writ petitions are interconnected. Hence, they are disposed of through a common order. For the sake of convenience, the parties are referred to as arrayed in W.P.No.7042 of 2012. The 1st petitioner is a cooperative house building society functioning at K.P.H.B. Colony, Hyderabad. Inspection of the records of the society was conducted in the year 2001 and a report was submitted on 23.03.2002. It appears that representations were made to the higher authorities alleging that though certain irregularities were pointed out in the inspection report, no steps were taken thereon. The 2nd respondent prepared a note on 08.12.2006. Thereafter, the Government in Agriculture and Cooperation Department issued proceedings dated 01.06.2007 requiring the 2nd respondent to take further steps on the basis of the report. The 2nd respondent in turn directed the District Cooperative Officer, 4th respondent herein to take necessary action. Through proceedings dated 17.07.2007, the 4th respondent ...

Gurram Bhaskar S/O Ramanaiah Sps Nellore District Vs. State of A.P., R ...

Court: Andhra Pradesh

This revision is directed against the order dated 4-11-2011 passed in Crl.M.P.No.123 of 2011 in C.C.No.585 of 2007 on the file of Judge, Family Court-cum-Additional District and Sessions Judge, Nellore, whereby and whereunder, the learned Additional Sessions Judge dismissed the application moved under Section 319 Cr.P.C for addition of Gangala Sridhar as an accused in C.C.No.585 of 2007. 2. Background facts, in a nutshell, are:- LW-1-Gurram Ramanaiah presented a report before the Station House Officer, Nellore Rural P.S., alleging inter alia that on 26-4-2006 at about 10 am, while LW-5-Gurram Vijaya Kumar was consuming beer near the cool drink shop of LW-7-G.Pothaiah, LW-6-Bhaskar Reddy chastised Gurram Vijaya Kumar for taking beer in front of his uncle Venu (A-1). LW-5- Gurram Vijaya Kumar stated to have told him that he would not care anybody. Thereupon, A-1-Venu went to the house of LW-5- Gurram Vijaya Kumar and informed the same to his mother. In turn, his mother chastised LW-5 (Gu...

Ashok Gupta Vs. M/S. Lanco Hills Technology Park Private Limited, Rep. ...

Court: Andhra Pradesh

Reported in: 2012(3)ALT582

(Prayer: Petitioner under section 433 (e) 434 (1) (a) and (c) and 439 (1-B) of the companies Act, 1956 read with Rule 95 of the companies (court) Rules 1995 praying that this High Court may be pleased to a) that the said company M/s. Lanco Hills Technology Park Private Limited be ordered to be wound up under the provisions of the companies Act, 1956 under the direction, supervision and control of this Honorable court. b) That the official liquidator be appointed as Liquidator of the said company i.e. M/s. Lanco Hills Technology park private limited with necessary powers under the companies act, 1956. c) That pending hearing and final disposal of the petition, the official liquidator be appointed as Provisional liquidator of the assets, properties and income as also the business of M/s. Lanco Hills Technology Park Private Limited;) This company Petition, for winding up of the respondent - company, is filed under sections 433 (e), 434 (1) (a) and (c) and 439 (1) (b) of the Companie...

Sri Bhaktanjaneya Swamy Vari Devalayam Trust Vs. to Whom So Ever It Ma ...

Court: Andhra Pradesh

COMMON JUDGMENT: As the subject matter of the dispute is common, both these Civil Revision Petitions are heard and being disposed of together. For convenience, the parties are referred as they are arrayed in C.R.P.No.5784/2010. C.R.P.No.5784/2010, arises out of order dated 31-8-2010 in T.O.P.No.193/2007 whereby the learned District Judge, Khammam dismissed the said T.O.P. filed by the petitioner under Section 34 of the Indian Trusts Act, 1882 (for short “the Trusts Act”) seeking permission to proceed with the sale of the petition schedule property. C.R.P.No.394/2012 is filed by respondent No.2 assailing the findings rendered by the learned District Judge in the above mentioned O.P. with respect to the nature of the Trust in question and the petition schedule property. The facts leading to the filing of this Civil Revision Petition are briefly stated hereunder: A person by name Kannaiah Lal Singh and Smt. Bondali Krishna Bai, the widow late Mohan Singh, who was the brother o...