Andhra Pradesh Court July 1985 Judgments
New India Assurance Company Ltd. Vs. Chotinabee and ors.,
Court: Andhra Pradesh
Decided on: Jul-31-1985
Reported in: II(1986)ACC306; [1987]62CompCas298(AP)
K. Ramaswamy, J. 1. All these appeals can be disposed of by a common order. 2. It is needless to mention the details in all the cases but suffice it to state that the deceased in each of the appeals was travailing in the lorry APQ 4309, belonging to the first respondent in the court below, the third respondent herein, which was insured with the appellant and when it reached the tank bound near Maddipatlapalle on October 31, 1983, at about 10 p.m. on the ChitoorIrala road, the lorry was involved in an accident as a result of which the deceased died. then their legal representatives filed applications initially under section 110A of the Motor Vehicles Act, 1939 (for short 'the Act'). Subsequently, they have been converted into one under section 92A of the Act. Statutory liability under this section has been fixed for the death at Rs. 15,000 and compensation was awarded by the lower court as against which the present appeals have been filed. 3. Sri I.A. Naidu, learned counsel for the appe...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Chotinabee and ors.
Court: Andhra Pradesh
Decided on: Jul-31-1985
Reported in: 2(1986)ACC306
K. Ramaswamy, J.1. All these appeals can be disposed of by a common order.2. It is needless to mention the details in all the cases but, suffice it to state that the deceased in each of the appeals were travelling in the lorry APQ 4309, belonging to the first respondent in the court below, the 3rd respondent herein, which was insured with the appellant and when it reached the tank bund near Maddipatlapalle on October 31, 1983 at about 10 p.m. on the Chittoor-Irala rood, the lorry was involved in the accident as a result of which the deceased died. Then their legal representatives filed applications initially under Section 110-A of the Motor Vehicles Act, 1939, (for short 'the Act'). Subsequently they have been converted into one under Section 92-A of the Act. Statutory liability under this section has been fixed for the death at Rs. 15,000/- and compensation was awarded by the lower court as against which the present appeals have been filed.3. Mr. I.A. Naidu, the learned Counsel for th...
Tag this Judgment!Mohd. Abdul Raheem Vs. Chakkala Parvatamma and ors.
Court: Andhra Pradesh
Decided on: Jul-31-1985
Reported in: I(1987)ACC473
K. Ramaswamy, J.1. The appellant is the first respondent owner of the vehicle. The lower Tribunal awarded a sum of Rs. 5,000/- towards mental pain and suffering and a sum of Rs. 18,000 towards loss of dependency due to the death of one Ramayya, the husband of the first respondent and the father of respondent Nos. 2 to 8. As against this award the present appeal has been filed. The second respondent is the driver. While he was driving the lorry APT 6837 when it reached Yelkatta village between 4/6 and 4/8 miles at about 3 p.m. the deceased Ramayya was returning to his village Mogaligidda from Shadnagar; he was taken for hire and was seated in the body of the lorry. The vehicle was driven by the second respondent rashly and negligently and the deceased received grievous injuries when the lorry turned turtle and several other occupants of the lorry were also injured. The deceased died subsequently in the hospital. Therefore, respondents/dependants laid a claim for a sum of Rs. 50,000/- an...
Tag this Judgment!Chittavalasa Jute Mills Ltd. Vs. Commissioner of Survey, Settlements a ...
Court: Andhra Pradesh
Decided on: Jul-23-1985
Reported in: AIR1985AP391
P. Chennakesav Reddy, Actg.C.J.1. On 20-12-1976 a document was presented to the Sub-Registrar, Bheemunipatnam by the Chittavalasa Jute Mills, the petitioner before us, for registration. The document was engrossed on a stamp paper of Rs.5/-. But the document was styled as a 'deed of hypothecation' for Rs. 10 lakhs. Therefore, the Sub-Registrar impounded the document and referred the matter to the District Registrar, Visakhaptanam, for classification of the document and chargeability of the document with stamp duty. The District Registrar by his order dt. 11-3-1977 held it was a mortgage without possession for Rs. 10 lakhs and was chargeable with stamp duty of Rs. 30,000/- under Art. 35(b) of Sch.1-A of the Indian Stamp Act, 1899 (hereinafter referred to as 'the Act'). He therefore ordered the recovery of the deficit stamp duty of Rs. 29,995/- and a penalty of Rs.1,000/- a total of Rs. 30,995/- under S. 40 of the Act, and informed the Sub-Registrar accordingly. Aggrieved against the said...
Tag this Judgment!A.T.K. Venkata Thathacharulu Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Jul-19-1985
Reported in: AIR1986AP23
Ramanajulu Naidu, J.1. On a reference made by Jayachandra Reddy, J., observing that there is a conflict of judicial opinion rendered by two Division Benches of this Court in Rajah of Venkatagiri v. The State AIR 1958 Andh Pra 522 and G. Papireddi v. State of A.P. (1973) 2 APLJ 138, while hearing the above Writ Petition the following question is referred to a Full Bench of this Court for resolving the conflict :'Whether the principle that when a quasi-judicial power vested in an authority is delegated to its subordinate authority the delegating authority cannot entertain an appeal or revision against the order or act of its delegate, is applicable to a case of delegation of statutory administrative power?'We are thus seized of the reference.2. The material facts giving rise to filing of Writ Petition lie in a narrow compass and may be briefly stated : Late Raja K.J.V. Naidu, former zamindar of Kangundi estate granted pattas long prior to 1-7-1945 to the petitioner in respect of some tam...
Tag this Judgment!Manda Suryakanthamma Vs. District Registrar of Assurance, Srikakulam
Court: Andhra Pradesh
Decided on: Jul-16-1985
Reported in: AIR1986AP3
P. Kodandaramayya, J.1. The Commissioner of Survey Settlements and Land Revenue Records, Andhra Pradesh, Hyderabad , as the Chief Controlling Revenue Authority made this reference under Sec. 57 of the Indian Stamp Act 2 of 1899 (hereinafter called the Act). The reference is in the following terms.Whether the document Ex. B. 4 should be levied under Article 48 of Schedule 1-A of the Indian Stamp Act, 1899. The facts, leading to the reference are briefly as follows :-2. One Potta Appalaraju, owner of lorry A. P. S. 2486 approached this court and obtained a direction in a writ petition that the District Panchayat Officer should release his lorry seized by the said officer on condition that the lorry owner should execute a personal bond for a particular sum and a third party also should execute a bond giving immovable property as security for a like sum. In pursuance of the said order, one Manda Suryakanthamma executed the security bond in question agreeing that 'in case the lorry owner Sr...
Tag this Judgment!K. Omprakash Vs. K. Nalini
Court: Andhra Pradesh
Decided on: Jul-15-1985
Reported in: AIR1986AP167
P.A. Choudary, J.1. This is a husband's appeal preferred to this Court against an order made by the Chief Judge, City Civil Court, Hyderabad dismissing his application filed under S. 13 of the Hindu Marriage Act, 1955 for dissolving his marriage with his respondent-wife. The petitioning husband is the respondent's maternal uncle. This appears to be a case of familiarity breeding contempt rendering attraction of novelty absent. The parties are Hindus and their marriage took place on 19th Feb., 1978. But ever thereafter, they do not appear to have lived for long happily together. The husband alleged in his petition filed for divorce that his wife was in love with one S even prior to her marriage with him and that she was living on terms of illicit intimacy with the said S both before and after her marriage. The petitioner alleged that the wife admitted her illicit relationship with S to him. The husband alleged that he was satisfied that the respondent-wife was trying to snap her relatio...
Tag this Judgment!Sri Dhanalakshmi Kanyaka Parameswari Rice Mill Vs. Commercial Tax Offi ...
Court: Andhra Pradesh
Decided on: Jul-12-1985
Reported in: [1986]63STC168(AP)
P. Chennakesav Reddy, Ag. C.J. 1. The only question that arises in these writ petitions is whether the levy and collection of sales tax on involuntary sales of rice to Food Corporation of India and A.P. State Civil Supplies Corporation under the A.P. Rice Procurement (Levy) Order, 1984, is valid. This question is no longer res integra. The Supreme Court in Vishnu Agencies (Pvt.) Ltd. v. Commercial Tax Officer : [1978]2SCR433 had an occasion to consider the identical question. It held : 'A transaction which is effected in compliance with the obligatory terms of a statute may nevertheless be a sale in the eye of law .....' 2. The learned counsel for the petitioner placing reliance on the decision of the Supreme Court reported in Chittar Mal Narain Das v. Commissioner of Sales Tax : [1971]1SCR671 submitted that a sale predicates a contract of sale of goods between persons competent to contract for a price paid or promised : a transaction in which an obligation to supply goods is imposed, ...
Tag this Judgment!R. Sugandamma Vs. District Educational Officer and ors.
Court: Andhra Pradesh
Decided on: Jul-12-1985
Reported in: 1999(6)ALT692
Jagannadha Rao, J.1. This writ petition has been filed by the petitioner for the issue of a writ, quashing the order of the Deputy Inspector of Schools (2nd respondent) dated 7-1 -1984 and for a direction to the 1st respondent (District Educational Officer, Kurnool) and to the 2nd respondent to release the grant-in-aid for the post of Headmistress in the A.B.M. Elementary School, Gargeyapuram, Hindu range, Kurnool.2. The 3rd respondent-The American Baptist Mission, Kurnool, represented by its Correspondent, is stated to be a minority institution running schools in several villages in Kurnool District, propagating its religion, after obtaining the necessary recognition from the competent authorities. It is stated that all the schools are located in the respective Church compounds in those villages and that the 3rd respondent-association has been receiving teaching grants and other grants from the Government under the Grant-in-Aid Rules for the time being in force. One Mr. R. Peter, who ...
Tag this Judgment!C.R.K. Prasad Vs. the Sub-collector, Vijayawada
Court: Andhra Pradesh
Decided on: Jul-09-1985
Reported in: AIR1985AP390
P. Chennakesav Reddy, Actg. C.J.1. The question referred to us for decision by the Commissioner of Survey, Settlements and land Records, Hyderabad and the Chief Controlling Revenue Authority under S. 57 of the Indian Stamp Act 1899, hereinafter referred to as 'the Act' i.e. whether stamp duty in the case should be levied in accordance with Art. 31 (a) (iv) of Schedule I-A of the Act.2. The facts giving rise to the reference are short and simple: a partnership firm by name National Art Pictures, Vijayawada, represented by its Managing partner C. Jaganmohan Rao, a film distributor, executed an agreement of lease dated 21-12-1970 in favour of C.R.K. Prasad, son of Jaganmohan Rao. The lease related to the exclusive rights of distribution, exploitation, screening and exhibiting the picture called 'Babruvahana' for a period of fifteen years commencing from 21-12-1970 for a lump sum of Rs.90, 000/- for the area comprised within the entire State of Andhra Pradesh. The agreement was not execute...
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