Court : Andhra Pradesh
Decided on : Nov-21-2006
Reported in : 2007(3)ALD125; 2007(4)ALT308
..... minor discrepancies, or errors, that may have been committed by the courts below, the same cannot be said to have resulted in any miscarriage of justice, and in view of section 99 of c.p.c., they cannot be taken into account.9. the trial court framed as many as five issues, touching on the various facets of controversy, between the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-21-2006
Reported in : 2007(3)ALD157
ORDERL. Narasimha Reddy, J.1. This revision is one among about a dozen of proceedings, that ensued between the parties, in the matter of eviction from certain premises. Petitioners are the tenants, and the respondent is the landlady. The respondent filed O.S. No. 61 of 1994 in the Court of II Additional Junior Civil Judge, Vijayawada, for eviction, and for damages. The suit was decreed as prayed for. Aggrieved thereby, the petitioners filed A.S. No. 44 of 1996 in the Court of Principal Senior Civil Judge, Vijayawada. The decree for eviction was set aside, and the one, for damages, was upheld with certain modifications.2. In the matter of enforcing the modified decree, several proceedings, be it, in the form of seeking clarification or executing the decree, at various stages, ensured. Ultimately, it emerged that the decree passed by the lower appellate Court was clarified through order dated 3-10-2005 in I.A. No. 989 of 2005. Based on the same, the respondent filed E.P. No. 205 of 2006,...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-20-2006
Reported in : AIR2007AP119; 2007(2)ALD129
..... is placed before this court. there are certain aspects, which cannot be countenanced in law. though this c.r.p. is filed against an order passed under section 5 of the limitation act, this court cannot but express its view, lest the parties are subjected to unnecessary litigation. for instance, having said that the petitioner did not turn up in ..... set aside the said decree. since there was delay of 75 days in filing the same, she also filed i .a. no. 376 of 2006, under section 5 of the limitation act, for condonation of the delay.2. the petitioner pleaded that she had to travel to the places outside the state, and that she suffered ill health at the ..... day of marriage itself, and that the fact that she was suffering from rheumatic heart disease was not known to him. without specifying any independent ground, but citing section 12 of the act, he sought for annulment of the marriage. at the instance of the petitioner, the o.p. was transferred to the family court, hyderabad and re-numbered as .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-20-2006
Reported in : 2007(3)ALD281; 2007(1)ALT152
..... to have taken place in the month of august, 2006.2. the petitioner filed i.a.no. 1902 of 2006 in the suit under order xviii rule 17 read with section 151 cpc, to recall him for re-examination. he stated that he has answered several questions in the cross-examination in hindi and in the course of translation, some inaccuracy .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-20-2006
Reported in : 2007(2)ALD178
..... petitioners 2 and 3 on 24-4-2002. in view of this development, the petitioners herein filed i.a. no. 540 of 2003 under order 1 rule 10, read with sections 151 and 141 cpc with a prayer to substitute petitioners 2 and 3 as claim petitioners in the place of the 1st petitioner, in i.a. no. 187 of 1999 .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-18-2006
Reported in : 2007CriLJ1204
..... the criminal petition, in so far as petitioners 1 and 2, (accused 2 and 3), are alleged to have committed offences under sections , 498a ipc and sections 3 and 4of the dowry prohibition act, is dismissed.it is made clear that dismissal of the criminal petition would not preclude the petitioners herein from availing such remedies as are ..... and the issues involved are of magnitude and cannot be seen in their true perspective without adequate material. the question whether the offences under sections 3 and 4 of the dowry prohibition act are barred by limitation is a matter for the trial court to examine, in case a charge sheet is filed after completion of investigation, ..... occasioned mental cruelty to her which was likely to drive her mad or to commit suicide and;(9) all the accused had committed offences under sections 3 and 4 of the dowry prohibition act.7. it is necessary to examine whether the aforesaid allegations in the complaint against the petitioners herein, (accused 2 to 4), when read .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-18-2006
Reported in : 2007CriLJ811
..... fit to award maintenance from date of petition he has to record reasons. in the said decision my learned brother observed that it is clear from the sub-section (2) of section 125 of cr.p.c. that the order for payment of maintenance should be given effect from the date of order and the exception is ordering payment ..... be said that the court must give special reasons for awarding maintenance from the date of the petition. it is further held that there is no mention specifically in section 125 cr.p.c. that the court must give special reasons for awarding maintenance from the date of the petition. the learned counsel for first respondent further relied ..... 4487 of 2001 for determination of quantum of maintenance before the magistrate and she has not filed any petition for seeking enhancement of maintenance amount pursuant to the amendment to section 125 cr.p.c. though there was no such application for seeking amendment of the maintenance amount in m.c. no. 87 of 1995, taking into consideration of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-17-2006
Reported in : 2007(2)ALD28; 2007(3)ALT265
..... land admeasuring acs. 54.24 guntas in survey nos. 204 to 207 and 215 to 219. against this, the petitioners herein filed appeal under section 24 of inams abolition act before the joint collector.23. even while the appeal filed by the petitioners was pending before the joint collector against the orc granted to somaiah's ..... is necessary to refer to the proceedings before inams tribunal. gaddam narasamma and others (legal heirs of protected tenant) filed application before the rdo under section 10 of inams abolition act for grant of orc. the petitioners herein filed application objecting the same. they claimed orc for themselves on the strength of unregistered agreement of sale ..... to 224 and 232 situated at papayyaguda h/o. kuntloor village in ranga reddy district. after conducting enquiry into the same, lrt passed orders under section 9 of land reforms act on 5.8.1976 (p.73 of paper book vol. 1 filed by the learned counsel for petitioners) declaring vakiti pulla reddy as surplus agricultural .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-17-2006
Reported in : 2007(1)ALT172; [2007]138CompCas198(AP); [2007]75SCL563(AP)
..... 8-8-2005. he was sentenced to undergo simpleimprisonment for three months and to pay fine of rs.1,000/-. he wasalso convicted for offence under section 628 of the act, and section 409 ipc, by the same court in c.c.no. 77 of 2003. he was sentenced to undergo simple imprisonment for three months, with a ..... prescribed, as regards the manner, in which, the disqualification is to operate. section 283 of the act, and in particular sub-section (2) thereof, become relevant, in this regard. the provision reads as under:283 (1). the office of a director shall become vacant if-(a) ..... directors, if they incur such disqualification, in the middle of their term. it is important to note that the factors or situations that are mentioned in section 274 of the act, have almost been treated, as those rendering the person holding the office of director, disqualified to continue in the office. however, a different procedure is .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-17-2006
Reported in : 2007(4)ALD22
..... place on 03.11.1992 and that his elder brother filed a private complaint, and admitted that the petition field by him under section 140 of the act was dismissed.11. the evidence of p.w.2 is that he was engaged to drive the lorry of the first respondent from ..... evidence with regard to the negligence on the part of the driver of the lorry as alleged by the appellant, and so permission under section 170 of the act to the second respondent to take all the pleas open to the owner can be implied.10. the evidence of p.w.1 ( ..... is that on the basis of a private complaint received from the court, he registered a case in crime no. 190 of 1992 under section 338 ipc but by mistake he noted the date of accident as 03.11.1993 and while he was investigating into the case he was ..... c.y. somayajulu, j.1. appellant, filed a claim petition under section 166 of the motor vehicles act, 1988 ('the act') alleging that he is the cleaner in the lorry of the first respondent which was taken to hampapuram to pick .....
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