Court : Andhra Pradesh
Reported in : 2009(6)ALT559
C.V. Nagarjuna Reddy, J.1. This batch of Writ Appeals arise out of common order dated 9-6-2000 in Writ Petition Nos. 1615, 2176 and 3521 of 1997 passed by the learned single Judge.2. While Writ Appeal Nos. 1380, 1381 of 2000 and 78 of 2002 have been filed by the Muthukur and Veligodu Villages Mosques, (for short 'the Mosques'), represented by their Mutawalli; Writ Appeal No. 1485 of 2000 has been filed by the petitioners in Writ Petition No. 2176 of 1997.3. For convenience, the parties are referred to as they are arrayed in the Writ Petitions.4. The facts are briefly summarized hereunder:Certain properties, which belong to the Mosques have been in occupation of the petitioners. Proceedings were initiated under the provisions of Section 36-B of the Wakf Act, 1954 (for short 'the Act') by the Secretary of A.P. State Wakf Board, Hyderabad (for short 'the Board'), by giving requisition to the District Collector, Kurnool, for passing orders of recovery and delivery of possession of the said...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(2)ALD390; II(2002)DMC646
ORDER1. This civil revision petition is directed against the order dated 14-10-1999 in Civil Miscellaneous Appeal No. 37 of 1999 passed by the learned Additional District Judge, Madanapalle, Chittoor District, whereby he dismissed the appeal confirming the order dated 19-8-1999 in IA No. 76 of 1998 in OP No. 4 of 1998 passed by the learned Principal Junior Civil Judge, Madanapalle, which was filed under Order 39, Rule 1 of the Code of Civil Procedure (for brevity 'the Code') seeking temporary, injunction restraining the 2nd defendant from proceeding with the execution in OEP No. 110 of 1997 in OS No. 270 of 1994.2. The plaintiffs-petitioners are the revision petitioners herein. It is stated that the first petitioner-plaintiff is the wife and the petitioners 2 and 3 are the daughters of the 1st defendant and they filed the suit for maintenance and for creation of charge over the petition schedule property. It is further stated that the first defendant had executed nominal registered mor...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(2)ALT446
Y. Bhaskar Rao, J.1. These batch of LPAs were filed by the oriental Insurance Company against the common Judgment of the learned Single Judge in dismissing the AAOs filed by the Insurance Company on the ground that the appeals are not maintainable.2. The facts of the case are that on 31-8-1987 there was an accident involving the lorry bearing ADB1765 in which three persons died and 24 others received injuries. The injured persons filed claim petitions before 1-7-1989. The Claims Tribunal, by its common award dated 6-4-90, held that the accident took place due to the rash and negligent driving of the lorry by its driver and awarded compensation against the owner and driver of the lorry and also the insurance company ranging from Rs. 2000/- to Rs. 7500/-. Against the said order, the insurance company filed AAOs in this Court on 5-10-1990. When the appeals came up for hearing before the learned Single Judge, a preliminary objection was taken by the claimants that the appeals are not maint...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996ACJ1213
Y. Bhaskar Rao, J.1. This batch of L.P.As. was filed by Oriental Insurance Co. Ltd. against the common judgment of the learned single Judge in dismissing the A.A.Os. filed by the insurance company on the ground that the appeals are not maintainable.2. The facts of the case are that on 31.8.1987 there was an accident involving the lorry bearing No. ADB 1765 in which three persons died and 24 others received injuries. The injured persons filed claim petitions before 1.7.1989. The Claims Tribunal, by its common award dated 6.4.1990, held that the accident took place due to rash and negligent driving of the lorry by its driver and awarded compensation against the owner and driver of the lorry and also the insurance company ranging from Rs. 2,000/- to Rs. 7,500/-. Against the said order, the insurance company filed A.A.Os. in this court on 5.10.1990. When the appeals came up for hearing before the learned single Judge, a preliminary objection was taken by the claimants that the appeals are ...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003LC540(AP); 2003(153)ELT281(AP)
ORDER1. These writ petitions were taken together for hearing and are disposed of by this common order.2. W.P. No. 1544 of 1998 has been filed by Medwin Hospital challenging an order dated 25-11-1997 withdrawing the exemption granted in respect of the customs duty. The main ground of challenge is that the impugned order is contrary to the policy of the Government of India spelled out through notification No. 64/88, dated 1-3-1988.3. W.P. No. 3109 of 1998 has been filed by Godavari CT Scanning Centre challenging the proceedings of 1st Respondent dated 7-1-1998. By this order also the exemption certificate dated 16-6-1994 granted to the petitioner in respect of the customs duty was withdrawn.4. W.P. No. 1533 of 1998 has been filed by M/s. Medinova Diagnostic Services challenging an order dated 19-12-1997 by which also the exemption granted in respect of the customs duty was withdrawn.5. W.P. No. 33257 of 1997 has been filed by Kailash Diagnostic and Rehabilitation Centre. In this writ pet...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(2)ALT271
ORDERVilas V. Afzulpurkar, J.1. The present revision is preferred by the legal heirs of landlady who were arrayed as respondents in R.A. No. 268 of 2001.2. The landlady had filed RC No. 66 of 1998 against the respondent/tenant herein for eviction on the ground that she requires the suit premises for her fourth son who is a doctor and who was arrayed as petitioner No. 6 in RC. The requirement pleaded is one for additional accommodation under Section 10(3) (c) of the A.P. Buildings (Lease, Rent & Eviction) Control Act (hereinafter called 'the Act'). The landlady died pending RC and her husband and sons and daughters were brought on record as legal representatives as respondents 2 to 13 in RC. The building in which the schedule premises is situate comprises four mulgies bearing Nos. 1-8-32/61/22/1 to 4. The schedule premises in question bears municipal No. 1-8-32/61/22/2 and the monthly rent is Rs. 550/-. The respondent/tenant is carrying on business of automobile batteries and the dimens...
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1968]70ITR812(AP)
Seshachalapati, J.1. This is a petition under Article 226 of the Constitution of India for the issue of a writ of certiorari or any other appropriate writ or order to quash the notice dated 30-11-1962 issued to the petitioners by the respondent, the Additional Gift Tax Officer, Guntur. The Petitions 1, 2, 5 and 6 are the sons and Petitioners 3 and 4, the daughters of late G. V. Srinivasarao, who was a leading Advocate in Guntur. Sri Srinivasa Rao acquired considerable properties. On 4-3-1958 Sri Srinivasa Rao gifted certain properties to his daughters, Petitioners 3 and 4 of the value of Rs. 10,000. By an affidavit dated 26-3-1958, he declared his intention to treat his self-acquired properties referred to in the affidavit as properties belonging to the family consisting of himself and his four sons. On 27-3-1958, he effected a partition of the said properties between himself and his sons by a registered instrument.2. On information received of certain dispositions by late Srinivasarao...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003ACJ1087; 2001(6)ALD821
ORDER1. Marri Yadamma, widow of the deceased Janardhan Reddy, and her two minor daughters, filed this writ petition for issuance of writ of mandamus to direct the respondents to pay monetary compensation of Rs. 2.00 lakhs for the untimely death of her husband as a result of constitutional tort committed by the respondents in not providing accurate medical treatment to save the life which resulted in negligent death of her husband. 2. Consequent upon Rule Nisi issued by this Court, Sri Chinlakayala RamakrishnaRao, Superintendent of Jails, Central Prison, Secunderabad and Dr. M. Meher Prasad, who treated the deceased during the period of confinement in jail filed counter-affidavits. 3. The facts in nutshell are that late Janardhan Reddy was arrested by the Ibrahimpatnam Police on the complaint that he committed theft alongwith some other persons and was produced before the Judicial Magistrate of First Class, Ibrahimpatnam, on 10-7-1994 who remanded him in Crime Nos.76 of 1993 and 116 of ...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(6)ALD643
ORDER1. Questioning the order of the Rent Control Appellate Authority in CMA No. 2 of 1995 dated 20-7-2000 both the tenant and the landlady filed CRP No. 4138 of 2000 and CRP No. 3044 of 2001 respectively to the extent the judgment of the Rent Control Appellate Authority went against their interest. 2. As both the revision petitions relate to same mulgi bearing No. 10-5-40, Seshapriya Street, Chittoor, they can be disposed of by a common judgment. 3. The parties are referred to as the tenant and the landlady for brevity. 4. Apart from the general issues that arise for consideration in these revisions, an issue of general importance i.e., whether the landlord can seek eviction of a tenant from a non-residential building both for residential and non-residential purposes has to be decided. 5. The landlady after exchange of notices, filed RCC No. 3 of 1993 on the file of the Principal District Munsif-cum-Rent Controller, Chittoor, seeking eviction of the tenant from the demised premises un...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(4)ALD245; 2001(3)ALT718
ORDERS.B. Sinha, CJ 1. These writ appeals are directed against the judgment of the learned single Judge in WP Nos.511, 539 and 676 of 2001 respectively whereby and whereunder the notification issued by the Commissioner of Police, Hyderabad dated 15-1-2001 prohibiting the movement of Mini Door Cabs (seven sealer auto rickshaws) within the twin cities of Hyderabad and Secunderabad is set aside.2. The notification dated 15-1-2001 issued by the Commissioner of Police in purported exercise of the powers conferred upon him under Section 21 (1Kb) of the Hyderabad City Police Act, 1348 Fasli (hereinafter referred to as the 'said Act') which is called in question before the learned single Judge reads thus:In exercise of the powers conferred upon me under Section 21 (1Kb) of Hyderabad City Police Act, I.P., Ramulu, IPS, Commissioner of Police, Hyderabad and Secunderabad do hereby notify for the information of the public in general and the 7 seater auto operators in particular, that the following...
Tag this Judgment!