Andhra Pradesh Court April 1989 Judgments
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Kotha Laxmikantha Vs. Kotha Ramaiah and ors.
Court: Andhra Pradesh
Decided on: Apr-24-1989
Reported in: 1991ACJ502
K. Ramaswamy, J.1. Kotha Mallareddy, a casual labourer working under a contractor, RW 3, died in an accident which occurred on 8.8.1983. The first respondent was driving the vehicle APU 5875. His widow, the appellant herein, his father and brothers laid the claim for a sum of Rs. 75,000/-. The Tribunal below dismissed the petition holding that the first respondent who is examined as RW 4 did not drive the vehicle rashly and negligently and that the appellant herein is not entitled for the compensation. Thus, the appeal.2. PW 1 is the father, RW 1 is the widow, RW 2 is a direct witness, RW 3 is the employer of the deceased and RW 4 is the driver. From the evidence of RW 2, it is seen that the deceased was working as a casual labourer to dig the earth in the pit. At about 1 p.m. on the fateful day, the jeep driven by the first respondent, RW 4, was coming from 1st incline side in a high speed. There was office at 3rd incline. For the purpose of fencing, they found the labourers digging t...
Elkari Shankari Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Apr-21-1989
Reported in: 1990CriLJ97
N.D. Patnaik, J.1. This appeal is filed by the accused in Sessions Case No. 159 of 1987 on the file of the Sessions Judge, Adilabad. Aggrieved by the judgment dated 15-4-1988 convicting him under S. 302, I.P.C. and sentencing him to suffer imprisonment for life. 2. The case against the accused is that on 26-8-1986 at about 3.30 p.m. he took his son by name Sriramulu into the paddy fields and killed him by stabbing with a knife on the chest. A charge under S. 302, I.P.C. was framad against the accused to which he pleaded not guilty. 3. The prosecution examined 9 witnesses. P.W. 1, who is the grand-father of the accused deposed that the accused had two sons by name Venkanna and Sriramulu. On the date of the death of the deceased Sriramulu in the evening while he was at his house Torra Ramaiah came to him and told him that the accused stabbed the deceased Sriramulu and killed him in the fields and that the accused was holding the knife and threatening that he would kill the other members ...
Management of Singareni Collieries Ltd. Vs. Industrial Tribunal (C) Hy ...
Court: Andhra Pradesh
Decided on: Apr-21-1989
Reported in: [1989(59)FLR588]; (1989)IILLJ608AP
1. In this writ petition, the validity of the order passed by the Industrial Tribunal (Central), Hyderabad, holding that the dismissal of the workman is not justified is challenged. 2. Komaraiah and Hanumantha Rao were working as Coal Cutter and Timberman respectively in M/s. Singareni Collieries, Kalyanikhani. According to the Management they were guilty of several lapses. They were served with a charge-sheet on June 27, 1983 containing the following charges : (a) that one June 7, 1983 they have participated in a strike and made picketing in front of Additional C.M.E. confining him in his Office and they along with other workmen abused the C.M.E. in filthy language; (b) that they raised slogans and abuses and gheraoed the Officer along with others; (c) that they led a procession with the effigy of the Manager and attempted to burn the same and they have broken the gate with an intention to do physical harm; (d) that on June 23, 1983 they stopped all the workmen from going to the work ...
C.M.D. Singareni Collieries Vs. Kota Posham and ors.
Court: Andhra Pradesh
Decided on: Apr-21-1989
Reported in: (1995)IIILLJ740AP
Jayachandra Reddy, J.1. The Chairman and Managing Director of Singareni Collieries Co. Ltd., Ramagundam Division, Godavari Khani, Karimnagar District, is the appellant in all these writ appeals and they are filed against a common order of the learned single Judge passed in a batch of writ petitions.2. The question that arises for consideration is whether the Singareni Collieries Co. Ltd., hereinafter referred to as 'the Company', is bound under law to absorb all the contract labour as 'Badli Fillers'. The Contract labours filed several writ petitions and it was contended before the learned single Judge that the contract labour who were working as Hamalies in the Company for over five years and were given training in loading the stored material, should be absorbed as Badli Fillers, on regular basis, under the Contract Labour (Regulation and Abolition) Act, 1970, without insisting on their names being sponsored by the Employment Exchange. The learned single Judge allowed the writ petitio...
Smt. Andem Laxmamma and Others Vs. the Tahsildar (Land Acquisition Off ...
Court: Andhra Pradesh
Decided on: Apr-20-1989
Reported in: AIR1990AP152
1. Dry land measuringAc.4-97 cents covered by S.Nos. 2 and 2A and 438 situated at Decharam village, Mothkur Taluq, was acquired for the purpose of providing house sites to the Backward Classes and Scheduled Tribes and Scheduled Castes. Claimants 1 to 3 are the persons that are interested in the land that was sought to be acquired. The Land Acquisition Officer, by taking into account the sale statistics and the potential values of the land, awarded compensation at Rs. 5,200/- for S.Nos. 2 and 2A and at Rs. 6,500/- for S.No. 438. Against that a reference has been made to the Civil Court at the instance of the claimants under Section 18 of the Land Acquisition Act (in short, 'the Act'). In that reference, before (he Subordinate Judge, Bhongir, 9 witnesses were examined and Exs. A-1 to A-8 and Exs. B-1 to B-4 and X-1 were marked. The learned Subordinate Judge taking into consideration the dale of selection of the land for acquisition as, 27-7-1982 and the date of the Notification' under Se...
Raman C. AmIn and ors. Vs. Dock Labour Board, Visakhapatnam and ors.
Court: Andhra Pradesh
Decided on: Apr-20-1989
Reported in: (1990)IILLJ553AP
Syed Shah Mohammed Quadri, J.1. The points that arise for consideration in these cases are - (i) Whether the labourers employed in connection with the sampling work fall within the definition of 'dock workers' (ii) Whether the action of the Dock Labour Board, Visakhapatnam in collecting charges for 5 dock workers on the basis of notional employment of dock workers is unjust and illegal 2. Visakhapatnam Port Trust is one of the Major Port Trusts in India. It is governed by the provisions of the Major Port Trusts Act. The import and export of the goods take place from that port. While exporting and importing the goods, for purposes of quality control, samples of the goods are taken and for that purpose, Samplers, hereinafter referred to as 'inspecting agencies' are entrusted with the work of collecting the samples of the goods in the process of export and import and for their analysis as per Indian Standard Specifications. The labourers who work on the port are governed by the Dock Work...
State of Andhra Pradesh Vs. Vikash Traders and anr.
Court: Andhra Pradesh
Decided on: Apr-19-1989
Reported in: [1990]78STC269(AP)
Jeevan Reddy, J.1. In these tax revision cases, we are concerned with groundnut, which is taxable at the last purchase point under the Andhra Pradesh General Sales Tax Act, 1957. The assessees herein, the dealers, sold groundnut to exporters, who purchased the same within the State and exported it. The question is who is the last purchaser Evidently the exporter is the last purchaser in the State. But that purchase is getting exempted from tax by virtue of section 5(3) of the Central Sales Tax Act and section 38 of the Andhra Pradesh General Sales Tax Act. On this score the department is seeking to tax the dealer (who sold the groundnut to the exporter) as the last purchaser. Evidently this is not correct as a fact. Just because the last purchase is getting exempted by virtue of section 5(3) of the Central Sales Tax Act, it would not be permissible in law to shift the point of last purchase to the dealer, who sold the groundnut to the exporter. We may also mention that explanation to s...
Konduru Veeraiah and ors. Vs. Food Corporation of India, Hyderabad and ...
Court: Andhra Pradesh
Decided on: Apr-17-1989
Reported in: AIR1989AP324
ORDERSardar Ali Khan, J.1. These two writ petitions, viz., W.P. No. 18326/88 and W.P. No. 18484/88, raise common questions of fact and law and are apt to be disposed of by a common judgment.2. W. P. No. 18484/88 is filed for issue of a writ of mandamus declaring the negotiations dt. 3-12-1988 between the 1st respondent and the 5th respondent in regard to the S&C; 13( 14)/88 Cont. 1 of Cherlapally, as arbitrary, illegal and without jurisdiction and consequently to declare the re-commendation of the 1st respondent to the 2nd respondent recommending acceptance of the tender of the 5th respondent as illegal.3. The other Writ Petition, W.P. 18326/88,is filed for the issue of a writ of mandamusdeclaring the negotiations betweenrespondent 3 and respondent 2 dt. 3-12-1988in respect of SD.CI. 13( 14)/88 H&T; Contract,Cherlapally, and consequentrecommendations of the 1st respondent to the 2nd respondent for accepting the tender of the 3rd respondent as arbitrary, illegal and unconstitutional.4. ...
Kandavilli Abbulu Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Apr-11-1989
Reported in: 1992(2)ALT125
K. Jayachandra Reddy, J.1. The appellant is A-1 in Sessions Case No. 9 of 1988. He and three others were tried for offences punishable under Sections 302 and 392 IPC. However, A-1 alone is convicted under Section 302 IPC., and sentenced to suffer imprisonment for life. He is also convicted under Section 392 IPC., and sentenced to suffer rigorous imprisonment for seven years.2. It is alleged by the prosecution that, during the night of 20th October 1986, A-1 to A-4 killed Kanuri Appayyamma, and also robbed-off valuable articles belonging to her. Therefore, they are liable to be punished under Sections 302 and 392 IPC. The learned Sessions Judge acquitted A-2 to A-4 but convicted A-1 alone on the main ground that M.Os.4 and 5 were recovered at his instance and, as such, a presumption has to be drawn that he must have committed the murder and theft.3. The prosecution-case is as follows:P.W.1 is a resident of Vemulapalli village. The deceased was P.W.1's sister. P.W.8 is the adopted son of...
New India Assurance Co. Ltd. Vs. Madapati Naramma and Others
Court: Andhra Pradesh
Decided on: Apr-03-1989
Reported in: 1990ACJ878; AIR1990AP11
1. One Malapati Ramulaiah died on Sept. 25, 1980 at abput 21.30 hours, on Pedalakur Kaluay Road due to the rash and negligent driving by the driver of the lorry bearing AAP 2448. His widow, the 1st respondent, minor son and father laid the claim under S. 110-A of the Motor Vehicles Act (Act IV of 939), for short 'the Act' for a sum of Rs.44,200/-. The Tribunal below found that the death was due to rash and negligent driving of the driver; the lorry dashed against a culvert resulting in the instantaneous death of the cleaner Ramulaiah aged 32 years. He was drawing a sum of Rs. 200/- towards salary and batta of Rs. 250/- per month as cleaner of the lorry. Accordingly, the loss of dependency was determined at Rs.150/- per month and annual dependency is Rs- 1800/-and applying 15 years multiplier, fixed the dependency atRs.27,000/-. It also awarded a sum of Rs.200/- towards transport charges; Rs. 1,000/- towards funeral expenses and Rs. 3,000/- towards loss of consortium. Accordingly, a tot...
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