Andhra Pradesh Court December 1989 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Oriental Fire and General Insurance Co. Ltd. Vs. M. Bhanumathi and Oth ...
Court: Andhra Pradesh
Decided on: Dec-28-1989
Reported in: AIR1990AP370
ORDERAmareswari, J.1. The only question for consideration in all these appeals is where passengers are carried for hire or reward in a Lorry and the contract of insurance does not provide for such carriage, is the liability covered by the Act policy in case of death or bodily injury to the passengers and the insurer is liable to pay compensation?2. The facts are not in dispute. Vehicles involved are Lorries and passengers are carried for hire. A lorry is indisputably a goods vehicle as per the definition contained, in S. 2(8) which reads as under:--'Goods Vehicle' means any motor vehicle constructed or adapted for use for the carriage of goods or any motor vehicle not so constructed or adapted when used for the carriage of goods, solely or in addition to passengers.'Section 42 emphasizes the necessity for a permit for every transport vehicle. It says that no transport vehicle shall be used in any public place except in accordance with a permit granted by the concerned transport authori...
Kodali Nagaiah Vs. Sri Arani Kaniappa Maistry Choultry
Court: Andhra Pradesh
Decided on: Dec-28-1989
Reported in: (1990)IILLJ537AP
Syed Shah Mohammed Quadri, J.1. In this writ appeal, preferred by the 3rd respondent in the writ petition against the order of the learned single judge allowing the writ petition, the question that arises for consideration is whether the 1st respondent herein, Sri Arani Kaniappa Maistry Choultry, Santhapet, Nellore, (for short the Choultry) is an establishment within the meaning of Section 2(10) of the Andhra Pradesh Shops and Establishments Act, 1966 (for short the Act,) 2. The facts are few and are not in dispute The writ petitioner, the Choultry, owns shops, rooms, which are leased out to different persons and land which is leased out to a petrol bunk, the saw mills and a cinema theatre. Besides this, it also owns a building which is leased out to Union Bank of India and another building consisting of 8 rooms which are being let out on daily rent basis. Under the Trust Deed it is feeding 12 Brahmins and 13 non-brahmins on every Dwadasi day. The appellant herein was appointed by the ...
Raj Kumar Hotel and Bar Vs. Labour Court and ors.
Court: Andhra Pradesh
Decided on: Dec-28-1989
Reported in: (1995)IIILLJ331AP
ORDERJagannadha Rao, J. 1. The petitioner is the employer. There were certain proceedings before the authority under Section 41 of the A.P. Shops & Establishments Act, 1966, hereinafter referred to as 'the Act' for short, which were disposed of on 13.6.1989 by that authority in favour of the workman. The said authority held that the case was not one of abandonment of services by the workman but a case of oral termination. Accordingly the termination was set aside and the workman was directed to be reinstated into service with full back wages and with continuity of service and all other attendant benefits. Against the order the employer (writ petitioner) filed a Second Appeal, sometime after 13.6.1989 but within the period of 30 days, before the Labour Court at Hyderabad. That appeal was treated as unregistered Second Appeal No. 1/89, as a question arose as to the deposit of arrears of back wages under Section 48(3) of the A.P. Shops and Establishments Act, 1988, which has come into for...
Hyderabad Abrasives and Minerals, Hyderabad Vs. the Govt. of A.P. Fore ...
Court: Andhra Pradesh
Decided on: Dec-26-1989
Reported in: AIR1990AP257
ORDERJeevan Reddy, J.1. This Writ Appeal was referred to Full Bench by a Division Bench mainly because it disagreed with certain observations made by another Bench in W. A. No. 795 of 1985, disposed of on 20-8-1985. Since the reference of this matter to Full Bench, however, the decision in W. A. No. 795/85 has been overruled by a Full Bench in G. Raghava Das v. Government of Andhra Pradesh : AIR1987AP166 , Even so, having regard to the importance of the question raised, namely, interpretation of Section 2 of the Forest (Conservation) Act, 1980, we proceeded to consider the matter.2. The appellant (writ-petitioner) was granted a mining lease for Laterite, for a period of 20 years, over an extent of 318 Acres in Peddamaredimille Reserve Forest under G.O. Ms. No. 352 dated 26-3-1974. Laterite is a major mineral. The lease is governed by the Mines and Minerals (Regulation and Development) Act, 1957, and the Rules made thereunder. As required by the Act and the Rules, an agreement was execu...
Andhra Pradesh State Road Trans. Corpn. by Its Managing Director and a ...
Court: Andhra Pradesh
Decided on: Dec-21-1989
Reported in: 1990ACJ493
G. Radhakrishna Rao, J.1. In a fatal accident that occurred on 11.5.1987 at about 3.30 p.m., a cyclist, Paluru Akkunaidu, aged about 12 years, died due to the rash and negligent driving of the bus belonging to AP. State Road Transport Corporation. On a consideration of the entire material on record, the Tribunal below came to the conclusion that the deceased died due to rash and negligent driving of the driver of the bus and awarded a total compensation of Rs. 37,700/-to the parents of the boy. On a perusal of the evidence, it is clear that what has been found by the Tribunal below with regard to the rash and negligent driving of the bus is correct and that finding cannot be disturbed.2. With regard to the compensation, as the boy was earning, the compensation awarded by the Tribunal below at Rs. 25,200/- towards loss to estate and Rs. 2,500/- towards transport and funeral charges is not on the high side and it is, therefore, confirmed.3. However, with regard to the award of compensati...
A.P.S.R.T.C. Vs. Paluri Meesalinaidu and anr.
Court: Andhra Pradesh
Decided on: Dec-21-1989
Reported in: II(1990)ACC417
Radha Krishna Rao, J.1. In a fatal accident that occurred on 11-5-1987 at about 3-30p.m. a cyclist .Paluru Akkunaidu, aged about 12 years, died due to the rash and negligent driving of the bus belonging to A.P. State Road Transport Corporation. On a consideration of the entire material on record, the Tribunal below came to the conclusion that the deceased died due to rash and negligent driving of the driver of the bus and awarded a total compensation of Rs. 37,700/-to the parents of the boy. On a perusal of the evidence, it is clear that what has been found by the Tribunal below with regard to the rash and negligent driving of the bus is correct and that finding cannot be disturbed.2. With regard to the compensation, as the boy was earning, the compensation awarded by the Tribunal below at Rs. 25, 200/- towards loss of estate and Rs. 2, 500/- towards transport and funeral charges is not on the high side and it is, therefore confirmed.3. However, with regard to the awarded of compensati...
Mrs. Shaheen Begum and Others Vs. the Commissioner of Land Revenue and ...
Court: Andhra Pradesh
Decided on: Dec-20-1989
Reported in: AIR1991AP84
ORDER1. This is a petition filed under Art. 226 of the Constitution of India for issue of a writ of mandamus of any other appropriate writ or order or direction declaring the order dated 1-10-1987, passed by the 2nd respondent, declaring 6,077-49 square Meters of land as surplus holding in the hands of each of the petitioners under S. 9 of the Urban Land (Ceiling and Regulation) Act, 1976 (Act No. 33 of 1976), hereinafter referred to as 'the Act', and the order dated 14-12-1988, passed by the 1st respondent, affirming the order of the 2nd respondent, as unconstitutional, illegal and arbitrary.2. The facts giving rise to the filing of the above writ petition do not admit of any controversy and may be briefly stated : The petitioners, four in number, are co-sharers of three different properties, more fully set out in the declaration submitted by them under S.6(1) of the Act. Of the three different properties in respect of which the declaration was submitted, two are vacant lands, situate...
K. Easwaramma Vs. Shaik Khader MohiddIn and ors.
Court: Andhra Pradesh
Decided on: Dec-20-1989
Reported in: 1990ACJ569
G. Radhakrishna Rao, J. 1. The cleaner of a lorry which was involved in a major accident that occurred on 3.2.1984 died. His father, mother, wife and brother filed the petition claiming that they are entitled for Rs. 1,00,000/-. After a consideration of the entire material on record the Tribunal below found that there is rash and negligent act on the part of the driver of the lorry and, therefore, the respondents are liable to pay Rs. 43,500/- towards the compensation to the claimants. However, the Tribunal below restricted the liability of the insurance company to Rs. 18,000/- only as per the Table prescribed under the Workmen's Compensation Act, 1923 as the cleaner was only aged 22 years at the time of the accident. As against this restriction that has been imposed by the Tribunal with regard to the fixation of the liability, the owner filed the present appeal.2. It is contended on behalf of the owner that since she has paid the additional premiums covering two drivers and one conduc...
Gandham Nagesh Vs. Pokala Nageswara Rao and ors.
Court: Andhra Pradesh
Decided on: Dec-19-1989
Reported in: 1990ACJ257
G. Radhakrishna Rao, J.1. In an accident that occurred on 15.11.1984 at about 9.20 a.m. one Pokala Sithamahalakshmi died due to the rash and negligent driving of the tractor by its driver. The husband and sons of the deceased filed the claim petition. On a consideration of the entire material on record, the Tribunal awarded a total compensation of Rs. 28,000/- as against the driver and owner of the tractor and dismissed the claim as against the insurance company. Aggrieved against the said order, the owner of the tractor alone has filed the present appeal claiming that the insurance company is liable to pay the amount as the vehicle was validly insured.2. Unfortunately, in this case, the vehicle was insured with the insurance company on 15.11.1984 at 10.10 a.m. onwards under the insurance policy, Exh. B-l, whereas the accident took place on the very same day. In such circumstances, the intention of the insured has to be taken into consideration.3. In this connection it is apposite to n...
Rashtriya Ispat Nigam Ltd. Vs. Commercial Tax Officer, Company Circle, ...
Court: Andhra Pradesh
Decided on: Dec-15-1989
Reported in: [1990]77STC182(AP)
Syed Shah Mohammad Quadri, J.1. The question which falls for consideration in this writ petition, is the scope of exigibility of sales tax under section 5-E of the Andhra Pradesh General Sales Tax Act, 1957 (for short 'the Act'), on the hire charges collected by a person on supply of machinery for execution of his work to any contractor. 2. The sales tax before the Forty-sixth Amendment of the Constitution was a tax on sales or purchase of goods. But the tax base has undergone a sea-change due to insertion of clause (29A) in article 366 by the Constitution (Forty-sixth Amendment) Act, 1982. We may notice here clause (29A) of article 366 : '(29A) 'tax on the sale or purchase of goods' includes - (a) a tax on the transfer, otherwise than in pursuance of a contract, of property in any goods for cash, deferred payment or other valuable consideration; (b) a tax on the transfer of property in goods (whether as goods or in some other form) involved in the execution of a works contract; (c) a...
- ‹ Prev
- 2
- Next ›
- Last »