Andhra Pradesh Court October 1985 Judgments
Moturi Krishna Rao and ors. Vs. Senagala Venkateswara Rao
Court: Andhra Pradesh
Decided on: Oct-31-1985
Reported in: I(1987)ACC314
Jeevan Reddy, J.1. The respondent, S. Venkateswara Rao, owned a lorry, bearing No APK-720. It was engaged for carrying empty milk-cans from Pamarru Chilling Centre to Yelamarru village. It was insured with the New India Assurance Company Ltd., Vijayawada. It was driven by one B. Krishna Reddy, the driver employed by the respondent.2. On 3-8-1973, while carrying the empty milk-cans, the driver, B. Krishna Reddy, took in the deceased, Moturi Hanumantba Rao, as a passenger in the lorry. The deceased also loaded a few manure bags into the lorry. The deceased was sitting in the cabin on the extreme left. Another woman was also travelling as a passenger, but in the rear. At about 3-15 p.m. the lorry met with an accident; resulting in the death of M. Hanumantha Rao and the woman travelling in the rear of the lorry. The legal representatives of the deceased Moturi Hanumantha Rao, thereupon, instituted O.P. No. 9/1974, claiming an amount of Rs. 25,000/- by way of compensation. The O.P was filed...
Tag this Judgment!State Bank of India, Eluru
Court: Andhra Pradesh
Decided on: Oct-16-1985
Reported in: [1988]63CompCas210(AP)
P.A. Choudary, J.1. The plaintiff, the State Bank of India, Eluru Branch, is the appellant. It appeals against a judgment of the learned District Judge, Eluru, who in A.S. No. 151 of 1980 confirmed the judgment of the trial court dismissing a suit filed by the bank for recovery of a sum of money advanced by the bank as loan to an agriculturist. The bank sued its debtor, who is an agriculturist, in O.S. No.176 of 1979 on the file of the District Munsif, Eluru, for recovery of a sum of Rs. 8,26.20. That amount was made up of the principal and compound interest due on the loan minus the part payments made by the defendant agriculturist from time to time. 2. The principal sum the defendant borrowed from the plaintiff was only Rs. 7,200 and that amount was secured by a mortgage. But that amount soared to the suit amount even after the defendant had made part payments because of the stipulation in the agreement providing for payment of compound interest. The loan agreement provided for the p...
Tag this Judgment!In the Matter Of: State Bank of India, Eluru
Court: Andhra Pradesh
Decided on: Oct-16-1985
Reported in: AIR1986AP291
1. The facts:--The plaintiff , the State bank of India, Eluru Branch is the appellant. It appeals against a judgment of the learned District Judge, Eluruwho in A.S.No. 151 of 1980 confirmed the judgment of the trial Court dismissing a suit filled byt he Bank for recovery of a sum of money advanced by the Bank as loan to an agriculturist. In O.S.No. 176 of 1979 on the fill of the district Munsif, Eluru for recovery of a sum of Rs. 8,260.20. That amount was made up of the principal and compounded interest due on the loan mius the part payments made bythe defendant agrkculturist from time to time .2. The principal sum the defendant borrowedc from the plaintiff was only Rs. 7,200/- and that amount was secured by a mortgage. But that amount soared to be the suit amount even after the defendant had made part payments because of the stipulation of agreement providing for payment of compound interest. The loan agreement provided for the payment 11/2 of interest subject to a condition of the de...
Tag this Judgment!Vemula Nancharayya Vs. Oleti Muthyalamma
Court: Andhra Pradesh
Decided on: Oct-15-1985
Reported in: [1988]64CompCas861(AP)
C. Sriramulu, J.1. This appeal has been preferred by the owner of the lorry APT- 5384 which was involved in the accident that occurred at about 4-30 a. m. on October 18, 1978, resulting in the death of the deceased, Oleti Swami Reddy. The mother of the deceased and the minor daughter of the deceased claimed compensation of Rs. 25,000. On a consideration of the evidence on record, the lower Tribunal came to the conclusion that the accident i question leading to the death of the deceased was due to rash and negligent driving by the driver of the lorry. The insurance company disclaimed its liability for compensation on the ground that the policy of insurance covering the vehicle in question does not specify the class of persons like that of the deceased so as to entitle the legal heirs of the deceased to claim compensation from the insurance company. The lower tribunal negatived all the company and awarded a compensation of Rs. 20,000 with interest and costs on the owner and the driver of...
Tag this Judgment!Vemula Nancharayya Vs. Oliti Mutyalamma and ors.
Court: Andhra Pradesh
Decided on: Oct-15-1985
Reported in: II(1987)ACC52
Sriramulu, J.1. This appeal has been preferred by the owner of the lorry APT-5384 which was involved in the accident that occurred at about 4.30 a.m. on 18-10-1978 resulting in the death of the deceased Oliti Swamy Reddy. The mother of the deceased and the minor daughter of the deceased claimed compensation of Rs. 25,000/-. On a consideration of the evidence on record, the lower Tribunal came to the conclusion that the accident in question leading to the death of the deceased was due to rash and negligent driving by the driver of the lorry. The Insurance Company disclaimed its liability for compensation on the ground that the policy of the Insurance covering the vehicle in question does not specify the class of persons like that of the deceased so as to entitle the legal heirs of the deceased to claim compensation from the Insurance Company. The lower Tribunal negatived all the contention raised by the owner of the lorry, the driver and the Insurance Company and awarded a compensation ...
Tag this Judgment!Rachana Flour Mills P. Ltd. Vs. Lal Chand Bhanagadiya and anr.
Court: Andhra Pradesh
Decided on: Oct-14-1985
Reported in: [1987]62CompCas15(AP)
1. The criminal miscellaneous petition has been filed under section 482, Criminal Procedure Code, for quashing the proceedings in C.C. No. 58 of 1985 on the file of the Court of the Munsif magistrate, Chevella, initiated against the petitioners. 2. The complaint in substance is: the complainant is a partner of M/s Shri Sarveshwar Trading Co. situated at Murtuzaguda village, Chevella. The first accused, M/s Rachana Flour Mills P. Ltd. ('the company', Forshort), is a private limited company situated at Madras and is registered under the companies Act. A-2 is the director and sole in- charge of its branch at attenchery under the same name. A-3 to A-5 are the directors and A-6 and A-7 are the subscribers and A-8 is the accountant and A-9 is the canvassing agent, in wheat and wheat products. Ass per the complaint, accused persons Nos. 1 to7 claim to deal in manufacturing and allied business as reveled by the memorandum and articles of the company. They established a flour mill with the name...
Tag this Judgment!M. Ramgopal Vs. State of A.P. and anr.
Court: Andhra Pradesh
Decided on: Oct-10-1985
Reported in: (1994)IIILLJ787AP
A. Seetharam Reddy, J.1. The short but important question which has been debated in this criminal miscellaneous petition is whether the establishment in which the petitioner is working as branch manager, which is already registered under the Factories Act as Automotive Manufacturers, Maddipalem, Visakhapatnam, has once again to be registered under the Andhra Pradesh Shops and Establishments Act Mainly relying upon the definition of 'employee' under Section 2(8) of the Andhra Pradesh Shops and Establishments Act and on, the definition of 'worker' under Section 2(1) of the Factories Act it has been argued by the learned counsel for the petitioners that inasmuch as the personnel who are working in its establishment come under the definition of 'worker' as defined under the Factories Act and since such of the employees have been excluded any the definition under Section 2(8) of the Shops and Establishments Act and the establishment has already been registered under the Factories Act, the i...
Tag this Judgment!Andhra Pradesh Carbides Ltd. and anr. Vs. Andhra Pradesh State Electri ...
Court: Andhra Pradesh
Decided on: Oct-07-1985
Reported in: AIR1986AP37
ORDER1. This is a miscellaneous application filed by the petitioner-Company for directing the respondent not to recover the minimum charges for the petitioner's land at Dinne Devarapadu, Kurnool District, for the period subsequent to 16-7-1985 on which date the respondent Electricity Board disconnected the supply of electricity. The Minimum charges levied for the month of July, 1985 is Rs. 42,04, 209.40 and again for the month of August , 1985 is a like sum of Rs. 42,04,209.40, and are to be levied thereafter.2. There has been considerable litigation between the petitioner and the A.P. Electricity Board earlier but it is not necessary for the purpose of this miscellaneous petition to narrate the earlier litigation. A bill for the month of June, 1985 was served on the petitioner on 2-7-1985. According to the petitioner, the time for payment of the bill is 15 days from the date of service of the bill and that therefore, the petitioner had time till 17-7-1985. The petitioner gave cheques ...
Tag this Judgment!Divanchee Bar and Restaurant, Hyderabad Vs. Commissioner of Police, Hy ...
Court: Andhra Pradesh
Decided on: Oct-03-1985
Reported in: AIR1986AP149
ORDER1. This is an application filed by the 4th writ petitioner for the appointment of an Advocate-Commissioner to act as an observer and report whether the petitioner is observing the Hyderabad Amusement Rules and, if so, whether the police are unnecessarily booking cases against the petitioner.2. The main writ petition is filed by five Bars and Restaurants and three Artists for the issue of directions to the Commissioner of Police (1st respondent) not to insist on quarterly licences under the Hyderabad Amusement Rules and for a declaration that the licences already issued to petitioners 1 to 5 will be valid till the 30th of Aban of the year. The petitioners also asked for a declaration that they are entitled to provide performances of all dances including Cabaret dances and for a direction to the Commissioner of Police not to interfere with or obstruct the dances shown in the petitioners' Restaurants, including Cabaret dances and for a direction to the Commissioner of Police and his ...
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