Andhra Pradesh Court July 1987 Judgments
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M. Esthar Rani Vs. M. Devadanam
Court: Andhra Pradesh
Decided on: Jul-27-1987
Reported in: AIR1988AP1
K. Bhaskaran, C.J.1. An application under S. 10, Divorce Act, (,the Act) for a decree dissolving the marriage between the petitioner and the respondent has been disposed of by the learned District Judge without adverting to the, pleadings, appreciating the evidence or stating the ground on which the decree for dissolution of marriage had been granted. For the sake of precision, we would quote the whole of the order:'P. W. 1 examined, Petitioner's advocate represents. Petitioner's side evidence is closed. I am satisfied from the, evidence of P. W. 1 which remained unchallenged and as there is no evidence to the contra that the divorce prayed for should be granted. Hence this petition is allowed, but in the circumstances without costs, subject to confirmation by the High Court'.2. Dissolution of marriage is a matter of considerable importance which would have its repercussion on the future life and well being not only of the parties to the proceedings but also of their children. It is si...
international Packing Industry Vs. Central Board of Excise and Customs
Court: Andhra Pradesh
Decided on: Jul-23-1987
Reported in: 1989(19)ECC9; 1987(32)ELT317(AP)
K. Bhaskaran, C.J. 1. The petitioner is the International packing Industry, predator, Respondents 1 to 3 are the Central Board of Excise and Customs, New Delhi, the collector of Central Excise, Hyderabad, and the Assistant Collector of central Excise, Anantapur, respectively. The Writ petition is for the issue of a writ of certioraris quashing order No. 278/BB of 1981 dated 30-4- 1981 passed by the 1st respondent modifying the order of the 2nd respondent in Adjudication Order No. 28 of 1980 dated 29-7-1980 and for other allied reliefs. 2. The petitioner is a packing industry manufacturing, among other things, laminated gunny bags. The question that falls for decision is whether laminated gunny bags manufactured by the petitioner-industry would fall under Item No. 68 or under Item No. 22A of the First Schedule to the Central Excise and salt Act, (for short, `the Act`). 3. The short facts relevant for the purpose of the disposal of the writ petition are : During the financial year 1978-7...
Bhagwandas Vs. Mohd. Arif
Court: Andhra Pradesh
Decided on: Jul-20-1987
Reported in: AIR1988AP99
ORDERJagannadha Rao, J.1. Several important questions relating to the computation of the present value of future earnings or losses arise in this appeal. The principles of law that I propose to discuss will be useful not only for computing damages in claims by the injured but also in claims by dependants of deceased persons. The object to evolve a simple and easy method which, at the same time, is scientifically valid. 2. The Tribunal under the Motor Vehicles Act was dealing, in this case, with the claim of a person injured in an accident on July 30th 1978 consequent to which the claimant's right leg below the knee was amputated. At that time, the claimant-respondent was aged 35 years and was working as a technician in the Merchant Navy. In a claim for Rs. two lakhs, the Tribunal awarded Rs. one lakh. The owner of the motor vehicle which was responsible for the injury to the respondent, the appellant before me. Sri C. Sadasiva Reddi, the learned counsel for the appellant has mainly con...
indo-finercil Private Limited Vs. Government of India Represented by S ...
Court: Andhra Pradesh
Decided on: Jul-18-1987
Reported in: 1989(20)LC201(AP); 1988(32)ELT321(AP)
Raghuvir, J.1. The company by name 'Indo finercil Private Limited' is the writ petitioner. The company is also register District where it manufactures 'pyrazinamide' a drug used for 'Chemotherapy for Tuberculosis (TB)'. TB in India is at large for centuries. In the past three or four decades it is under control, yet four to five millions fresh cases of acute pulmonary TB are found every year affected by the killer disease. The bacillary remain contagious in the lungs of the affected for two years before death finally takes over the patient. There are five are : (1) Isonized (INH), (2) Rifampicin, (3) Pyrazinamide, (4) Streptomycin and (5) Ethambutal. the writ petitioner company uses the first three components in 'Pyrazinamide'. Relevant to these components inter alia two notifications are referred by the company. Notification No. 18 of 1984 published on February 14, 9184. The other is 233 of 1984 published on September 12, 1984. The two were notified under Section 25 of the Customs Act...
Kandimallan Bharathi Devi and ors. Vs. the General Insurance Corporati ...
Court: Andhra Pradesh
Decided on: Jul-18-1987
Reported in: AIR1988AP361
1. An interesting but difficult question of law has arisen, though through old moorings, but sprouted from virgin soil i.e., the Carriage by Air Act, 19'7 (Act 69 of 1972), for short, 'the Act', viz., whether the collateral benefits accrued out of the death of a passenger in an accident on an international carriage, would be a set-off from liquidated damages under the Act. It exacted considerable anxiety and thought as this question has not arisen so far in any Court of the High Contracting Parties. The undisputed facts lie in a short compass which are stated thus : The unsuccessful plaintiffs- appellants' suit for recovery of Rs.1,22,200/- as damages was entailed with dismissal. The first appellant is the widow, the second and third are the son and daughter respectively of one K. Adinarayana. When he was travelling on an International carriage - Air Craft NO.VT-DWN on Airway ticket, when the Aircraft was to reach Bombay on Oct. 12, 1976, it crashed in which Adinarayana died. The respo...
Narsimhulu and ors. Vs. Manemma
Court: Andhra Pradesh
Decided on: Jul-15-1987
Reported in: AIR1988AP309
1. An interesting question of law, whether the widow of coparcener who is found unchaste on the date of his demise is disqualified to inherit his estate as a Class 1 heir under the Hindu Succession Act. 1956 (Act No. XXX of 1956). arises in this case. 2. The appellants are defendants 1 to6. The, respondent is the widow of the elder brother of the 1st appellant. Her husband died in the year 1962. Her marriage was celebrated 24 years prior to the institution of the suit. It is her case that after her husband's demise, she continued to live as a member of the joint family with the 1st Appellant., but he started secreting the income of the joint family and purchasing the properties benami necessitating her to lay the suit for a partition. Initially, she impleaded the 1st appeallant as the sole defendant. Subsequently, at the behest of the 1st appellant his sisters defendants 2 to 4, and his deceased sister's husband and son, defendants 5and 6 respectively were inipleaded. She claimed initi...
L. Ramulu Vs. Deputy Commissioner of Labour, Guntur and ors.
Court: Andhra Pradesh
Decided on: Jul-10-1987
Reported in: [1989(58)FLR241]; (1988)IILLJ383AP; (1988)IILLJ383SC
ORDER1. The interpretation of Rule 10 of the Payment of Gratuity Rules framed under the Payment of Gratuity Act (hereinafter called the Act) falls for determination in this writ petition. The petitioner herein who was an employee of the 3rd respondent Company, after retirement, sought the payment of gratuity from the Company. On refusal of the same, he filed an application before the Authority under the Act, which was, however, rejected as time barred. On the appeal also the order of the primary authority was confirmed. Hence, this writ petition. 2. The refusal of the application as per the impugned order is that it is a delayed application as under Rule 10 of the Rules, it is obligatory on the part of the employee to file the application within three months and in as much as there is a delay of three months and since it is not condonable, the relief sought for cannot be accorded. 3. The contention of Sri G. Ramachandra Rao, the learned counsel for he petitioner, is that when the petit...
Union of India (Uoi) Vs. V. Bhimeswara Reddi and ors.
Court: Andhra Pradesh
Decided on: Jul-07-1987
Reported in: AIR1989AP49
1. The first defendant-Union is the appellant. On the intervening night of July 15/16, 1973 between 2.00 and 3.00 A. M., at the level crossing between Nandyal and Panyam railway station, the driver of the railway engine without any lights or blowing horn, dashed against the A. P. S. R. T. C. Bus which was proceeding to Tirupathi via Nandyal. Therein the first respondent and his son, the second respondent were sitting in seats Nos. 11 and 12 in the third row behind the driver. As a result of the accident, the first respondent crammed between the seats and he sustained extensive injuries and fractures. As a fact, he was in Kurnool General Hospital for about two and half months, underwent orthopaedic major operation and treatment. His right foot was disfigured and he became limping. He is unable to walk even till date without the support of a stick. He laid the suit for damages in a sum of Rs. 50,000/- against the Union and also the A. P. S. R. T. C. The trial Court granted a decree for R...
Union of India (Uoi) Vs. Bhimeswara Reddy and ors.
Court: Andhra Pradesh
Decided on: Jul-07-1987
Reported in: 2(1988)ACC580
K. Ramaswamy, J.1. The first defendant-Union is the appellant. On the intervening night of July 15/16, 1973 between 2.00 and 3.00 A.M., at the level crossing between Nandyal and Panyam Railway Station the driver of the railway engine without any lights or blowing horn dashed against the A.P.S.R.T.C. Bus which was proceeding to Tirupathi via Nandyal. Therein the first respondent and his son, the second respondent were setting in seats Nos. 11 and 12 in the third row behind the driver. As a result of the accident, the first respondent crammed between the seats and ht sustained extensive injuries and fractures. As a fact, he was in Kurnool General Hospital for about two and half months, underwent orthopedic major operation and treatments. His right foot was disfigured and he became limping. He is unable to walk even till date without the support of a stick. He laid the suit for damages In a sum of Rs. 50,000/- against the Union and also the A.P.S.R.T.C. The trial Court granted a decree fo...
Mirza Muzamdar HussaIn Vs. Dodla Bhaskara Reddy and ors.
Court: Andhra Pradesh
Decided on: Jul-02-1987
Reported in: AIR1988AP13
Jeevan Reddy, J. 1. This appeal is preferred against the judgment of the learned single Judge, allowing the writ petition and quashing of the order of the Director of Settlements dt. 2-1-78 in R. P. No. 65/71. The brief facts relevant for the purpose of this case are the Settlement Officer, Nellore, granted pattas in respect of certain lands under S. 11 of the Estates Abolition Act XXVI of 1948 by his order dt. 10th June, 1970 in favour of the respondents. The Tahsildar, Nellore, filed a revision against the said orders of the settlement Officer before the Director of Settlements. But since the said revision was filed beyond the prescribed period, it was accompanied by an application to condone the delay in filing the said revision. The Director of Settlements by his order dt. 27th Jan. 1971 dismissed the application for condoning the delay and consequently dismissed the revision as well. Thereafter certain information was brought to the notice of the Director by the Mutawalliof a regi...
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