Andhra Pradesh Court March 2012 Judgments
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Mohd. Aftab Ali Khan Vs. Mohd. Ahmad and Another
Court: Andhra Pradesh
Decided on: Mar-20-2012
This is a piece of litigation which is indulged in by the petitioner with the sole aim of frustrating the decree obtained by respondent No.1 by raising the most frivolous objection regarding the Power of Attorney held by respondent No.1. The brief facts necessary for disposal of the case are, respondent No.1 through his General Power of Attorney filed O.S.No.1730 of 1996 in the Court of the learned I Senior Civil Judge, City Civil Court, Hyderabad, for eviction of the petitioner and respondent No.2. The said suit was decreed by the lower Court on 03.04.2006. The said judgment was confirmed in A.S.No.204 of 2006 by the learned III Additional Chief Judge, City Civil Court, Hyderabad, by judgment and decree dated 25.02.2009. The petitioner, thereafter, filed S.A.No.244 of 2009. In the second appeal, the petitioner filed S.A.M.P.No.679 of 2009 for permission to retain the possession for one academic year and to permit him to vacate the premises thereafter. Having considered the said petiti...
G. Ramu Vs. Toufeeq Ali Mirza
Court: Andhra Pradesh
Decided on: Mar-20-2012
This Civil Revision Petition arises out of Order, dated 20.01.2012, in I.A.No.153 of 2011 in O.S.No.1595 of 2010, on the file of the learned IV Additional Rent Controller-cum-XVI Junior Civil Judge, City Civil Court, Hyderabad. The respondent filed the above-mentioned suit for eviction of the petitioner. He has filed his chief- examination affidavit on 01.03.2011. As he was not made himself available for cross-examination, his evidence was eschewed by the lower Court by order, dated 27.04.2011. Evidently, on the same day, his General Power of Attorney filed his chief-examination affidavit as P.W.2. Subsequently, the respondent has returned from abroad and his General Power of Attorney was cross-examined on 02.11.2011. Immediately on the next day i.e. on 03.11.2011, the respondent filed I.A.No.153 of 2011 for setting aside the order, dated 27.04.2011, eschewing his evidence. This application was allowed by the lower Court by order, dated 20.01.2012. Assailing the said order, the petitio...
K. Mohan Lal Vs. Rukmini Bai Alias Laxmi Bai and Others
Court: Andhra Pradesh
Decided on: Mar-20-2012
This review second appeal miscellaneous petition is filed against the judgment dated 08.04.2007 passed by this Court in S.A.No.1471 of 2006 against the judgment and decree, dated 31.07.2006 passed by the III Additional Chief Judge, City Civil Court, Hyderabad in A.S.No.528 of 2005. 2. This Court by its judgment in the second appeal set aside the judgment and decree dated 31.07.2006 passed by the III Additional Chief Judge, City Civil Court, Hyderabad in A.S.No.528 of 2005 and confirmed the decree and judgment dated 02.08.2005 passed by the III Additional Rent Controller-cum-XV Junior Civil Judge, Hyderabad, which is the trial Court in O.S.No.1613 of 2000. 3. In the first place, it would like to make a mention about the facts and circumstances resulted in setting aside the judgment passed by the first appellate Court by the judgment of this Court in the second appeal by referring the parties to the lis as plaintiffs and the defendant. 4. The deceased first plaintiff Mr Shiv Raj filed a ...
K.R. Srinivas Vs. Dharmavaram Sridevi
Court: Andhra Pradesh
Decided on: Mar-20-2012
K.S. Appa Rao, J. This Civil Miscellaneous Appeal is filed by the respondent-husband against the order, dated 29-03-2004 passed in H.M.O.P.No.34 of 2002 on the file of the Principal Senior Civil Judge, Tirupati. The petitioner herein is the respondent in the said O.P. For convenience sake, the parties hereinafter will be referred to as they were arrayed in the O.P. 2. The petitioner-wife filed the said O.P. before the lower Court under Sections 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘the Act’) to grant divorce by dissolving the marriage between herself and the respondent. The averments of the petition, which are necessary for the disposal of this appeal, read as follows: The marriage between the petitioner and the respondent took place on 16-02-1990 at Padmavathi Kalyanamandapam, Tiruchanur, as per Hindu Rites and Custom and the petitioner joined the respondent at matrimonial house at Kamasamudram immediately after the marriage. The r...
Ch. Venkanna Vs. the Joint Collector ( Civil Supplies) Warangal, Waran ...
Court: Andhra Pradesh
Decided on: Mar-20-2012
This writ petition is filed by a fair price shop dealer of Shop No.40, Peddanagaram Village, Narsimhulupeta Mandal, Warangal District, challenging the validity of the orders passed on 31st December, 2011 by the Revenue Divisional Officer, Mahabubabad suspending with immediate effect the authorization issued in favour of the writ petitioner for running and maintaining a fair price shop as he was involved in a criminal case, pursuant to which he was suspended and remanded to judicial custody for 18 days. The case of the petitioner is that he was a regular fair price shop dealer of Shop No.40, Peddanagaram Village, Narsimhulupeta Mandal, Warangal District, and he was unnecessarily involved in Cr.No.94 of 2011 by the rival group in the village and on the pretext that he was remanded to judicial custody for a spell of 18 days, the Revenue Divisional Officer has passed the impugned order suspending the authorization issued earlier in favour of the petitioner. Heard Sri A.Prabhakar Rao, learn...
Pilli Anjaneyulu Yadav Vs. the Government of Andhra Pradesh, Rep. by I ...
Court: Andhra Pradesh
Decided on: Mar-20-2012
Subject matter of this writ petition is Ac.19.12 guntas of land in S.Nos.403, 418, 419, 420 and 421 of Malkajgiri village, Rangareddy District which is a notified Wakf land as per Gazettee notification No.6-A, dated 09.02.1989 at Serial No.2893. The petitioner claims to have purchased the said land from one Syed Shujjath Ali Hussaini and others for valuable consideration under an agreement for sale dated 09.01.1974. According to the petitioner, he has been in possession of the said land in his own right and that Gazette notification No.6-A, dated 09.02.1989 notifying the land as Wakf property, was issued without due enquiry and without notice to all the persons concerned including the petitioner and that therefore the said Gazette notification No.6-A, dated 09.02.1989 is liable to be quashed by issuing of writ of certiorari under Article 226 of the Constitution. 2. It is contention of the petitioner that the petitioner was not aware of the Gazette notification until the 4th respondent ...
The Land Acquisition Officer, Yeleru Reservoir Project, Peddapuram Vs. ...
Court: Andhra Pradesh
Decided on: Mar-20-2012
This is an extra-ordinary case where on an affidavit of the Advocate for the claimants in an interlocutory application purportedly filed under Sections 151 to 153 of the Code of Civil Procedure 1908 (for short “CPC”), the decree, dated 27.06.1988, in O.P.No.263 of 1986, was amended by the learned Senior Civil Judge, Peddapuram. The brief facts leading to the filing of this Civil Revision Petition are as under: Certain lands were acquired for Yeleru Reservoir Project under a Notification, dated 13.05.1981, issued under Section 4(1) of the Land Acquisition Act (for short “the Act”). The Land Acquisition Officer has passed award, dated 15.11.1985, fixing compensation at Rs.11,000/- per acre for the land in Survey No.39/1 and Rs.6,000/- per acre for the land in Survey Nos.39/2 and 43/1. The respondents have sought for reference of dispute under Section 18 of the Land Acquisition Act to the Civil Court. It is not in dispute that the reference was made by the Land Acq...
Mohammad Rafi Vs. the Mandal Revenue Officer, Karimnagar District and ...
Court: Andhra Pradesh
Decided on: Mar-20-2012
This writ petition is filed seeking a declaration that the inaction on the part of the respondents 1 and 2 in considering the petitioner’s application dated 06.08.2009 for mutation of his name in the revenue records in respect of the lands situated in Sy.No.56/AA of Chepyala Shivar Village, Karimnagar District is arbitrary and illegal. The 1st respondent-Tahsildar filed a counter affidavit stating that it is a fact that the petitioner made an application for mutation claiming that the land to an extent of Ac.1-06 cents situated in Sy.No.56/AA was gifted to him by his grandfather, however, on verification of the revenue records it was found that the person stated to have executed the gift deed in favour of the petitioner had no title over the land and therefore, the petitioner’s application was returned on the same day. It is also stated that the said fact was informed to the petitioner. However, the petitioner in his reply affidavit disputed the stand taken by the responden...
Dasari Venkateswarlu Vs. 1. State of A.P., Through Its Public Pro
Court: Andhra Pradesh
Decided on: Mar-20-2012
HON'BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL APPEAL No.1694 o20. 3.2012 Dasari Venkateswarlu 1. State of A.P., through its Public Prosecutor,High court of Andhra Pradesh, Hyderabad & another. Counsel for the appellant: Sri V. Parabrahma Sastri Counsel for respondent No.1: Public Prosecutor Counsel for respondent No.2: Sri K. Giridhar Raju, State Brief Legal Aid Counsel Cases referred:1. AIR 199.SC 195.2. 2004 (2) ALD (Crl.3. 2004 Cri.L.J 362.4. 1999 (3) ALD 71.JUDGMENT: 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 t...
B.Nagabhushanam and Others. Vs. the Govt. of A.P. and Others.
Court: Andhra Pradesh
Decided on: Mar-20-2012
THE HONOURABLE SRI JUSTICE L.NARASIMHA REDDY WPNos.21120 of 2007 and Batch 20.03.2012 B.Nagabhushanam and others. The Govt. of A.P. and others. Counsel for the Petitioners: Sri K.R.Prabhakar Counsel for the Respondents 1 to 5: G.P. for Cooperation Counsel for the Respondent No.6: Sri C.V.Bhaskar Reddy Writ Petition Nos.21120 of 2007, 16133 of 2008 & 7042 of 2012 ORDER: 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 not...