Andhra Pradesh Court October 1990 Judgments
The Divisional Manager, New India Assurance Co. Ltd. Vs. Abdul Sammad ...
Court: Andhra Pradesh
Decided on: Oct-29-1990
Reported in: 1991(1)ALT284
Immaneni Panduranga Rao, J.1. This C.M.A. arises out of a claim petition filed under Section 110-A of the Motor Vehicles Act (hereinafter referred to as 'the Act'). The first respondent herein was travelling in the lorry bearing No. AIK 716 from Kunta to Bhadrachalam on the night of 28-6-1987. When the lorry was reaching Gundala village in the early hours of 29-6-1987, the lorry met with an accident. Alleging that the accident is attributable to the rash and negligent driving of the driver (the second respondent herein); that his right leg was fractured in the accident; that his leg was amputated below the knee and that the driver having admitted his guilt was convicted in C.C.No. 49 of 1987 and sentenced under Section 338 of the Indian Penal Code by the Sub Divisional Magistrate, Bhadrachalam the claimant filed the claim petition claiming compensation of Rs. 3,00,000/-2. The appellant-Insurance Company alone contested the claim petition on the grounds that the liability of the Insuran...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Abdul Sammad Chellappa and ors.
Court: Andhra Pradesh
Decided on: Oct-29-1990
Reported in: 1991ACJ267
Immaneni Panduranga Rao, J.1. This C.M.A. arises out of a claim petition filed under Section 110-A of the Motor Vehicles Act (hereinafter referred to as 'the Act'). The first respondent herein was travelling in the lorry bearing No. AIK 716 from Kunta to Bhadrachalam on the night of 28.6.1987. When the lorry was reaching Gundala village in the early hours of 29.6.1987, the lorry met with an accident. Alleging that the accident is attributable to the rash and negligent driving of the driver (the second respondent herein); that his right leg was fractured in the accident; that his leg was amputated below the knee and that the driver having admitted his guilt was convicted in C.C. No. 49 of 1987 and sentenced under Section 338 of the Indian Penal Code by the Sub-Divisional Magistrate, Bhadrachalam, the claimant filed the claim petition claiming compensation of Rs. 3,00,000/-.2. The appellant insurance company alone contested the claim petition on the grounds that the liability of the insu...
Tag this Judgment!Sharifa Bee and ors. Vs. General Manager, Andhra Pradesh State Road Tr ...
Court: Andhra Pradesh
Decided on: Oct-29-1990
Reported in: 1991ACJ1093
M. Jagannadha Rao and P.L.N. Sarma, JJ.1. This Letters Patent Appeal is preferred by the claimants in O.P. No. 207 of 1984 before the Motor Accidents Claims Tribunal-cum-District Judge, Nizamabad. The claimants are five in number and they impleaded the General Manager and the Depot Manager of the A.P.S.R.T.C. as respondent Nos. 1 and 2 in the original petition. They also impleaded the driver of the vehicle one V. Narayana as respondent No. 3. The original petition was disposed of on 23.12.1985 in favour of the appellants awarding a compensation of Rs. 36,000/- against all the respondents who were impleaded in the original petition including the driver. It may be noted that the driver remained ex parte before the Tribunal as is clear from the decree. Against the said judgment the General Manager and the Depot Manager of the A.P.S.R.T.C. preferred C.M.A. No. 637 of 1986 to this court. In the said appeal they impleaded the claimants as respondent Nos. 1 to 5 and the driver as the 6th resp...
Tag this Judgment!Vallabhaneni Sarala Devi Vs. Rachapudi Subba Rao
Court: Andhra Pradesh
Decided on: Oct-26-1990
Reported in: 1991(1)ALT297
ORDERIyyapu Panduranga Rao, J.1. These revision petitions are directed against the common order dated December 31, 1985 of the I Additional District Judge, Krishna at Machilipatnam by which E.P. Nos. 37 to 39 of 1984 on his file were dismissed and allowed E.A. Nos. 392 to 394 of 1984. Aggrieved by the dismissal of E.P. Nos. 37 1o 39 of 1984, the petitioner filed C.R.Ps. 640 to 642 of 1986 respectively and similarly aggrieved by allowing E.As. 392, 393, and 394 of 1984 the petitioner filed C.R.P. Nos. 2497, 2498 and 2499 of 1987 respectively. CRP No. 641/86 was dismissed by this Court as per orders dated 11-6-87. Since all these petitions are directed against a common order dated 31-12-1985 of the learned I Additional District Judge at Machilipatam, all these matters are heard together and they will be disposed of by a common order.2. The common point that arises for consideration in all these matters is-whether the revision petitioner is entitled to execute the decree in O.S. No. 275/7...
Tag this Judgment!The Deputy Director of Agriculture, Kurnool Vs. Sondoz (India) Ltd. an ...
Court: Andhra Pradesh
Decided on: Oct-24-1990
Reported in: 1991CriLJ1830
1. This is an appeal filed by the State against the acquittal of A-1 to A-3 and A-17 and A-18. Originally, the case was registered against A-1 to A-18. The case against A-7, A-9 to A-11 and A-13 to A-16 was split up by the order of the court below dated 29-7-1986. A-4 to A-6, A-8 and A-12 were discharged by the order of the Court below dated 13-12-1988 and A-1 to A-3, A-17 and A-18 were tried. A-1 is the dealer firm, A-2 is the representative of A-1, A-3 is the manufacturing frim and A-17 and A-18 are the chemists of A-3. P.W. 1, the Inspector of Insecticides, inspected the shop of A-1 when A-2 was in charge of the business on 29-4-1982 at 10-30.a.m. and took the sample of Ekatox 2% dust and has sent, after following the procedure, one of the samples for the opinion of the analyst. The analyst gave a report stating that the same is misbranded. There afterwards, Al filed a petition to send the other samples for the opinion of the Central Laboratory and it was accordingly sent. Even the ...
Tag this Judgment!Pieco Electronics and Electricals Ltd. Vs. Commercial Tax Officer, Com ...
Court: Andhra Pradesh
Decided on: Oct-23-1990
Reported in: [1991]81STC49(AP)
Lakshmana Rao, J.1. The respondent passed an assessment order dated February 24, 1983, on a net turnover of Rs. 6,12,25,808 taxable at different rates and levied tax of Rs. 71,70,420.84. One of the items of the turnover that was subjected to levy of tax was Rs. 2,50,609.62, taxable at 3.5 per cent. In computing that portion of turnover and levying tax the respondent committed a patent mistake and computed the tax as Rs. 87,713.15 instead of Rs. 8,771.31. It is stated that a copy of the assessment order was served on the petitioner on March 17, 1983. Within a few days thereafter, the petitioner submitted an application dated March 21, 1983 to the assessing authority bringing to his notice the mistake committed by him in passing the assessment order and requesting him to rectify the mistake. The letter was received by the assessing authority on March 24, 1983, as is evident from the acknowledgment filed by the petitioner. For reasons best known to the assessing authority, no action was t...
Tag this Judgment!Aluminium Industries Ltd. Vs. Commercial Tax Officer, Tandur
Court: Andhra Pradesh
Decided on: Oct-19-1990
Reported in: [1991]72CompCas323(AP)
1. These writ petitions have been filed by the writ petitioner questioning the impugned notices of provisional assessment and demand relating to various periods and seeking to recover Central sales tax as illegal and contrary to the provisions of the Sick Industrial Companies (Special Provisions) Act, 1985. 2. The case of the writ petitioner is that the board of directors made a reference to the Board for Industrial and Financial Reconstruction, and the same was registered as 93 of 1987. The Board for Industrial and Financial Reconstruction made an inquiry under section 16 of the Act and declared on October 28, 1987, that the petitioner is a sick industrial company. On the same day, orders were passed nominating IRBI, as the operating agency, and appointing a nominee director. A draft scheme was prepared and published in the newspaper dated January 31, 1989, calling for objections. After hearing objections, the Board approved the scheme and fixed a rehabilitation period of eight years ...
Tag this Judgment!income-tax Officer Vs. City Dry Fish Company and ors.
Court: Andhra Pradesh
Decided on: Oct-19-1990
Reported in: [1991]188ITR177(AP)
Bhaskar Rao, J. 1. Criminal Appeal No 209 of 1988 has been filed by the Income-tax Department against the judgment of the Special Judge for Economic Offences, Hyderabad, in Criminal Case No. 8 of 1982 for enhancement of sentence. The Transferred Criminal Appeal No 1636 of 1989 is filed by A-2 against his conviction and sentence in Criminal Case No. 8 of the 1982. Therefore, both the appeals can be disposed of by a common judgment. 2. The Special Judge for Economic Offences, Hyderabad, acquitted A-1 of all the charges framed against it. He convicted A-2 for the offences under section 276C and 277 read with section 278 of the Income-tax Act and setenced him to pay a fine of Rs. 2,000 under each count and also imprisonment till the rising of the court; in default of fine, simple imprisonment for a term of six months. A-3 was convicted for the offences under sections 276C and 277 of the Income-tax Act and was sentenced to pay a fine of Rs. 1,000 under each count and also imprisonment till ...
Tag this Judgment!Mrs. Murial Hyden Vs. Mrs. Dulcie M. Robb and ors.
Court: Andhra Pradesh
Decided on: Oct-19-1990
Reported in: 1991(1)ALT5
Immaneni Panduranga Rao, J.1. The first defendant has preferred this appeal aggrieved by the letters of administration granted' in favour of the plaintiff to administer the suit properties under Ex.A.1 will dated 9-1-1956. The facts leading to the filing of the appeal, briefly, are as follows:2. One Stanley Anthony Corbett (hereinafter referred to as 'the testator' or 'the executant') died on 9-1-1979. The plaintiff and the first defendant are his sisters. Defendants 2 and 3 are the children of another deceased sister. The fourth defendant is the widow and defendants 5 to 9 are the children of the deceased brother of the execulant. The parties are Anglo-Indians.3. Immediately after the death of the testator, the plaintiff and the first defendant jointly filed O.P.No. 333 of 1979 on the file of the court of the Chief Judge, City Civil Court, Hyderabad on 24-7-1979 for grant of letters of administration alleging that the testator died intestate. Later on, the plaintiff filed O.P.No. 24 o...
Tag this Judgment!Kazim Ali Khan Vs. Smt. Basheerunnisa Begum and anr.
Court: Andhra Pradesh
Decided on: Oct-19-1990
Reported in: 1991(1)ALT468
ORDEREswara Prasad, J.1. The revision is directed against an order of the VII Asst. Judge, City Civil Court, Hyderabad, impleading the first respondent as defendant No. 9 in O.S. No. 3306/84.2. The suit was filed by the petitioner against the 2nd respondent and others for dissolution of partnership and for rendition of accounts of the firm, 'M/s. Sridevi Colonisers'. The first respondent filed I.A. No. 315/88 for impleading her as a defendant in the suit claiming that she is a shareholder of the lands of an extent of Ac. 78-00, forming part of the lands dealt with by the firm. The petition was resisted by the petitioner on the ground that the first respondent is neither a necessary, nor a proper party to the suit, as she is not a partner of the firm and also on the ground that her title to a part of the property of the firm cannot be adjudicated upon in the suit filed for dissolution of partnership and for rendition of accounts. The Court below allowed the petition and the first respon...
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