Andhra Pradesh Court October 1991 Judgments

United India Insurance Co. Ltd. and ors. Vs. Shaik Saibaqtualla and or ...

Court: Andhra Pradesh

Reported in: 1992ACJ858

D.J. Jagannadha Raju, J. 1. This appeal is filed by the third respondent, the insurance company, in M.O.P. No. 14 of 1984 on the file of the First Additional District Judge-cum-Motor Accidents Claims Tribunal, Visakhapatnam. In an accident that took place on 17.7.1983 at about 8.30 p.m. near C.R. Reddy Square, Waltair, Uplands, the petitioner in the O.P. was injured as a result of which he received several injuries and a total dislocation of the left hip-joint. He claimed a compensation of Rs. 3,40,000/-. The Tribunal, after considering the entire case, awarded Rs. 3,30,000/- as compensation with interest at 12 per cent per annum from the date of the application with a direction that Rs. 7,500/- paid as interim compensation should be deducted from the amount payable. Aggrieved by the same, the insurance company filed the present appeal.2. In this appeal Mr. S. Hanumaiah, the learned counsel appearing for appellant-respondent No. 3, contends that the Claims Tribunal committed a mistake ...

United India Insurance Co. Ltd. Vs. Shai Sibaqtualla and ors.

Court: Andhra Pradesh

Reported in: 1(1992)ACC472

D.J. Jagannadha Raju, J.1. This appeal is filed by the third respondent, the Insurance Company in MOP No. 14 of 1984 on the file of the First Additional District Judge-cum-Motor Accidents Claims Tribunal, Visakhapatnam. In an accident that took place on 17.7.1983 at about 8.30 p.m. near C.R. Reddy Square, Waltair, Uplands/the petitioner in the OP was injured as a result of which he received several injuries and a total dislocation of the left hip-joint. He claimed a compensation of Rs. 3,40,000/-. The Tribunal, after considering the entire case, awarded Rs. 3,30,000/- as compensation with interest at 12% per annum from the date of the application with a direction that Rs. 7,500/- paid as interim compensation should be deducted from the amount payable. Aggrieved by the same, the Insurance Company filed the present appeal.2. In this appeal Sri S. Hanumaiah the learned Counsel appearing for appellant-respondent No. 3 contends that the Tribunal committed a mistake in awarding Rs. 3,30,000 ...

Mrs. Hanuma Vs. Meena Jewellers and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Pothuri Venkateswara Rao, Member: 1. This is an appeal filed against the judgment of the Hyderabad District Forum which dismissed a complaint filed by Smt. P. Hanuma of Hyderabad wherein she alleged that M/s. Meena Jewellers, Hyderabad, sold her gold jewels containing impurity and that she was made to pay even for the impurity at the same rate as gold. 2. Smt. Hanuma, according to the complaint, purchased a pair of ear-tops and a ring together weighing 4.600 grams at Rs. 300/- per gram from M/s. Meena Jewellers on August 14, 1989. The relief the complainant sought for the refund of the money collected for the alleged impurity content of the ornament and a further amount of Rs. 500/- towards damages. 3. She complained that the purity of the gold was not clearly and specifically mentioned on the ornaments and also in the bill. It was argued on her behalf that the marking of 22/18 on the ear-top does not specify whether it was of 22 carat quality or 18 carat quality. 4. The opposite par...

Kodati Ramana Alias Venkatarama Rao and ors. Vs. the Station House Off ...

Court: Andhra Pradesh

Reported in: 1991(3)ALT354; 1992CriLJ680

ORDER1. The writ petition is filed seeking a writ or direction in the nature of a mandamus directing the complaint filed by the 3rd respondent on the file of the Judicial Magistrate of the First Class, Suryapet, the 2nd respondent, and action for the 2nd respondent referring the complaint to the Station House Officer, Penpahad Police Station, the 1st respondent, u/S. 156(3) of the Code of Criminal Procedure for investigation, which was registered as Crime No. 25 of 1990, as illegal and consequently quash the same. 2. The brief facts of the case as stated in the affidavit filed in support of the writ petition are that the 3rd respondent is the senior paternal uncle's wife of the 1st petitioner. The 1st petitioner purchased Ac. 49-21 guntas of land in various survey numbers situate in Bhaktallapur village, Nalgonda district under an agreement of sale dated 18-5-1982 from the 3rd respondent for a consideration of Rs. 40,000/-. After paying the entire consideration, he was put in possessio...

Ambica Oil Mill Vs. Commercial Tax Officer, Hyderabad

Court: Andhra Pradesh

Reported in: [1994]92STC474(AP)

V. Sivaraman Nair, J.1. The petitioner is a registered dealer under the Andhra Pradesh General Sales Tax Act. In respect of the assessment years 1981-82 and 1982-83 the petitioner was assessed to sales tax and he filed appeals before the Deputy Commissioner (Appeals) in respect of those assessments. The complaint of the petitioner is that even though he had paid substantial amounts towards arrears dues in respect of the turnover of M/s. Ambica Oil Mill of which the petitioner was the proprietor an amount of Rs. 1,03,181 which was tax due in respect of another dealer M/s. Kamal Oil Mill, for the assessment years 1980-81 and 1981-82, was sought to be recovered from him. In his letter dated February 12, 1987, he stated that he was not in any manner connected with M/s. Kamal Oil Mill, and therefore, he was not liable to pay arrears of sales tax recoverable from that dealer. It is submitted that in spite of this definite factual and legal position, the respondents have been issuing notices ...

M. Ramachandra Raju, Former Judge of the A.P. High Court Vs. the Accou ...

Court: Andhra Pradesh

Reported in: 1991(3)ALT413

ORDERUpendralal Waghray, J.1. This Writ Petition is filed by a former Judge of this Court. He was initially appointed as District and Sessions Judge by direct recruitment on 13-6-1959 and was elevated to the High Court Bench on 7-7-1969 and retired as a Judge on 15-7-1978 on reaching the age of 62 years. He was entitled to be paid pensionary benefits as calculated under Part III of the High Court Judges (Conditions of Service) Act, 1954, (hereinafter referred to as the Act). At the time of his retirement the computation of pensionary benefits being adopted by the respondents under Part-III was lower than that payable to a Judge appointed by direct recruitment who was entitled to calculation of pension under Part-I of the Act. The Petitioner, therefore, elected to receive pension under Part I of the Act and was being paid accordingly.2. The Supreme Court in the first M.L. Jain 's case reported in M.L. Jain v. Union of India, : [1985]3SCR608 held that calculation of pension payable to a ...

Malla Ramarao and ors. Vs. the State

Court: Andhra Pradesh

Reported in: 1992CriLJ2208

ORDER1. This is an application u/S. 438 of Code of Criminal Procedure for the grant of an anticipatory bail by the accused in Cr. No. 39 of 1991 to Kottur Police Station, Srikakulam District who were charged for the offence u/Ss. 302, 324 read with 34, IPC. 2. The petitioners unsuccessfully made attempts both before the Sessions Court twice and one time in this Court for grant of anticipatory bail. After the dismissal of their application before the Sessions Court, they moved this Court for the Grant of anticipatory bail which met the same fate. Again they tried their luck before the Sessions Court but of no avail. For the second time they are before this Court seeking anticipatory bail. Their plea is that they have been implicated in the case due to malice and enmity, that the Ist petitioner is a Branch Post Master and the second petitioner is a sick person suffering from isnophilia. 3. The learned Public Prosecutor strongly opposed the application contending that second application u...

Sayanna Vs. Laxmi Bai and ors.

Court: Andhra Pradesh

Reported in: 1992(1)ALT482; 1992CriLJ1070

1. Wife and son of the petitioner - herein filed M.C. No. 2/88 on the file of Judicial First Class Magistrate Bichkunda for maintenance under S. 125, Cr.P.C. that was contested by the husband - petitioner herein on the ground that the wife, Ist respondent - herein is not entitled to maintenance as she is his second wife and his first wife is living. So far as the son is concerned Rs. 100/- was granted as maintenance and the claim is so far as the Ist respondent - wife is concerned, it was rejected. The maintenance to son, i.e., the 2nd respondent was granted on the ground that even under S. 125, Cr.P.C. an illegitimate son or child is entitled to claim maintenance. Against that, they preferred a revision to the Sessions Court in Crl.R.P. No. 3 of 1990 and the learned Addl. Sessions Judge, Nizamabad granted Rs. 200/- to the Ist respondent and Rs. 150/- to the 2nd respondent. Aggrieved by that order, the husband - petitioner herein filed this revision. 2. Sri B. Prakasarao, learned couns...

The Public Prosecutor, High Court of A.P. Vs. Nemala Satyanarayana

Court: Andhra Pradesh

Reported in: 1992(2)ALT653

Radhakrishna Rao, J.1. The offence is alleged to have taken place at 3 p.m. on 25-4-1988 on the pathway. The report has been filed on the next day. The explanation for delay in lodging report is that the victim and her husband contacted elders and on their advice only they filed the report, Ex.P.1. But P.Ws.5 and 6 the alleged elders stated that the victim P.W.1 and her husband P.W.2, never consulted them and they never gave any advice. Normally in cases of rape there will be some delay in lodging F.I.R. whether the victim is a married woman or not. There will be consultation amongst elders before rushing to police station as the offence to be reported will have a bearing on the conduct and character of the victim concerned. The delay in lodging complaints in rape cases cannot be equated to that of the delay in lodging complaint/report in other type of offences. In this case P.W.2, husband of P.W.1 appears to be the eye witness. But his presence at the scene of offence was not explaine...

Gottipati Ramarao and ors. Vs. Special Cadre Deputy Registrar of Co-op ...

Court: Andhra Pradesh

Reported in: 1991(1)ALT532

ORDERP. Venkatarama Reddi, J.1. The petitioners herein are challenging the proceedings dated 23-8-1991 issued by the first respondent (Special Cadre Deputy Registrar of Co-operative Societies, A.P.D.D.C.F., Hyderabad) appointing five persons as Persons-in-charge to manage the affairs of the Appapuram Milk Producers Co-operative Society till 11-11-1991 or till an elected committee assumes charge or subject to modified orders that may be issued, whichever is earlier. By the said proceedings respondents No. 2 to 6 were appointed as Persons-in-charge. Amongst them the 6th respondent is the Supervisor of Milk Producers Co-operative Union Limited, Vadlamoodi. The petitioners have no objection for the inclusion of the fifth respondent. The petitioners are seeking for a declaration that they along with fifth respondent shall be allowed to act as persons-in-charge of the Appapuram Milk Producers Co-operative Society Limited.2. The petitioners and the fifth respondent were the elected members of...