Andhra Pradesh Court November 1991 Judgments
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Venkateswarulu Vs. Krishna Murthy and ors.
Court: Andhra Pradesh
Decided on: Nov-26-1991
Reported in: 1992(1)ALT655
ORDERIyyapu Panduranga Rao, J.1. This Revision petition is directed against the order dated 28th March, 1991, allowing the I.A.493/89 in O.S.21/75 on the file of the learned Subordinate Judge, Madanapalli, The circumstances which lead for the filing of I.A.493 of 1989 are the following:2. The revision petitioner and R-1 to R-6 are the owners of a Cinema Hall known as Jyothi' theatre, situated at Madanapalli. In view of the disputes between the parties, the revision petitioner filed O.S.21/75 on the file of the learned Subordinate Judge, Madanapalli, for partition and separate possession of his 7/30th share in the properties including the Joythi threatre. Admittedly, the first respondent who is the 6th defendant in the suit is having a half share in the said property. In the suit in I.A.294/75 Sri R.Sreenivasa Sastry an advocate was appointed as Receiver to manage the entire estate. The said Receiver took possession of the Cinema Hall on 1-5-86 and in the auction held the 6th respondent...
Ch. Papaiah, Sarpanch, Rural Gram Panchayat and ors. Vs. the District ...
Court: Andhra Pradesh
Decided on: Nov-25-1991
Reported in: 1992(1)ALT240
P. Venkatarama Reddi, J.1. These three writ petitions can be conveniently disposed of by a common judgment.2. W.P.No. 15272/88 has been filed by five persons including four Sarpanchs of the Gram Panchayats viz., Ongole Rural, Mukthinuthalapadu, Koppulu and Pelluru Gram Panchayat of Ongole Mandal of Prakasam District. The former Sarpanch of Vengamukkalapalem is also a petitioner in the said writ petition. The writ petition is filed questioning the show cause notice issued by the District Collector, Ongole on 22-12-1987 proposing to cancel the earlier notification dated 3-12-1978 whereby the Gram Panchayat, Ongole Rural was constituted with a view to include the area covered by Ongole Rural Gram Panchayat within the limits of Ongole Municipality. By identical show cause notices issued on the same day, it was proposed to exclude a part of the areas of the other three gram panchayats so as to include the same into the limits of Ongole Municipality. This Court by an order dated 21-11-1988 s...
New India Assurance Co. Ltd. Vs. Anga Chinnababu and ors.
Court: Andhra Pradesh
Decided on: Nov-25-1991
Reported in: 1992(2)ALT184
Radhakrishna Rao, J.1. On a claim petition filed by the parents, on the account of the death of a boy aged about nine years who is very potential and earning and assisting his parents in agriculture, claimed a sum of Rs. 20,000/-.2. The Tribunal found that a lorry driver drove the vehicle rashly and negligently, basing on the direct testimony of an injured person, who also filed another O.P. The presence of the injured person at that point of time has been established and it cannot be denied. Nothing has been elicited in his cross-examination to discredit his testimony that he is coming out with some story which did not took place. So the lower Court was perfectly justified in accepting the direct testimony and arriving at the conclusion that the accident occurred due to the rash and negligent driving of the driver of the lorry and having found that the rash and negligent act is there, lower Court fixed the liability on the Insurance Company also and awarded an amount of Rs. 15,000/- t...
Abdul Rahman Vs. Electronics Corporation of India Ltd.
Court: Andhra Pradesh
Decided on: Nov-25-1991
Reported in: 1992(2)ALT246
D.J. Jagannadha Raju, J.1. This writ petition is filed by a Site Engineer, who is drawing a consolidated salary of Rs. 1,700/- per month, to seek a direction to the respondent to regularise his services in a suitable post with effect from the date of one year after the original appointment, namely, 2-7-1988.2. The writ petitioner claims that he has been a Site Engineer of the respondent-corporation on a consolidated pay and he has been serving the respondent for over two years. He was appointed at a time for three months and with a break of two or three days, he was being continued in employment. He claims that he is not allowed to draw the time-scale of pay, but he is only paid a consolidated salary and the corporation which comes within the definition of 'State' and 'instrumentality of State' is violating Articles 14 and 16 of the Constitution of India by not regularising his services. He claims that similar writ petitions were allowed by this Hon'ble Court and the respondent was dir...
K. Sreerama Murthy Vs. University of Health Sciences and ors.
Court: Andhra Pradesh
Decided on: Nov-25-1991
Reported in: 1992(2)ALT221
ORDERJagannadha Raju, J.1. This writ petition is filed by an aspirant who seeks admission to the I year M.B.B.S. Course for the year 1990-91 claiming that he belongs to Kammara caste which is a Scheduled Tribe. He seeks the relief of a writ of certiorari to quash the Notice No. 1801/EA1/90, dated 19-12-1990 and the report of the Commissioner for Scheduled Tribes who enquired into his claim as a Scheduled tribe candidate. He claims the proceedings of the Commissioner, Tribal Welfare, dated 23-11-1990 and the consequential proceedings of the University of Health Science should be quashed.2. In the affidavit, he claims that he is Kammara by caste and that his caste is one of the Scheduled Tribes. He claims that his school record speaks volumes and that he is consistently regarded as Kammara, a Scheduled Tribe. He appeared in the EAMCET examination of 1990. He secured Rank No. 11051. He was allotted to Venkateswara University and the Principal of the Sri Venkateswara Medical College inform...
The New India Assurance Co. Ltd. Vs. Kramtan Perianayagam and anr.
Court: Andhra Pradesh
Decided on: Nov-25-1991
Reported in: 1992(2)ALT654
Radhakrishna Rao, J.1. Pending disposal of the O.P.No. 126 of 1989 on the file of the Additional District Judge, Madanapalle, the claimant filed I.A.No. 274 of 1990 under Order 16, Rule 17 CPC praying to permit the petitioner to enhance the claim of compensation amount from Rs. 15,000/- to Rs. 25,000/-. The learned Judge relying on a decision of a Division Bench of this Court, reported in T. Srinivasulu Reddy v. C. Govardhana Naidu, 1990 (1) APLJ 100 held that Section 92-A of the Motor Vehicles Act applies to a petition for compensation as on 1-10-1982 irrespective of the fact that the accident took place prior to that date and ultimately allowed the application. Against that, the Insurance Company filed this appeal.2. The accident in this case took place on 12-6-1989. The new Act came into force on 1-7-1989. The learned Standing Counsel for the Insurance Company contended that the decision of the Division bench which has been relied upon by the Court below has been subsequently clarif...
Oriental Insurance Co. Ltd. Vs. Sailada Chinathalli and ors.
Court: Andhra Pradesh
Decided on: Nov-25-1991
Reported in: 1992ACJ251
G. Radhakrishna Rao, J.1. The accident took place on 30.12.1986. In that accident, one Sailada Appalanaidu died on the spot. The claimants-the wife, two daughters and two sons-filed a claim petition claiming Rs. 1,50,000/- as compensation. In support of their case, they, have examined three witnesses and got marked Exhs. A-1 to A-7. The direct testimony of the witnesses was accepted by the lower court which found that the accident was due to the rash and negligent driving of the driver of the vehicle. The vehicle in this case is the motor cycle, ADN 4756. Being aggrieved by the grant of Rs. 1,23,300/-, the insurance company filed this appeal.2. The main contention that has been raised by the counsel for the appellant is that the multiplier that has been applied is not correct and the correct multiplier, even following the judgment of the Supreme Court reported in Jyotsna Dey v. State of Assam 1987 ACJ 172 (SC), is only 14.81 and it can be rounded off to 15. The age of the deceased was ...
New India Assurance Co. Ltd. Vs. Anga Chinni Babu and ors.
Court: Andhra Pradesh
Decided on: Nov-25-1991
Reported in: 1992ACJ281
G. Radhakrishna Rao, J.1. On a claim petition filed by the parents on account of the death of a boy aged about nine years who had potential and was earning and assisting his parents in agriculture, claimed a sum of Rs. 20,000/-.2. The Tribunal found that the lorry driver drove the vehicle rashly and negligently, basing on the direct testimony of an injured person, who also filed another O.P. The presence of the injured person at that point of time has been established and it cannot be denied. Nothing has been elicited in his cross-examination to discredit his testimony that he is coming out with some story which did not take place. So the lower court was perfectly justified in accepting the direct testimony and at the conclusion that the accident occurred due to the rash and negligent driving of the driver of the lorry and having found that the rash and negligent act is there, lower court fixed the liability on the insurance company also and awarded an amount of Rs. 15,000/- to the cla...
Radhamma and anr. Vs. Oriental Fire and Genl. Ins. Co. Ltd. and ors.
Court: Andhra Pradesh
Decided on: Nov-25-1991
Reported in: 1992ACJ872
G. Radhakrishna Rao, J. 1. On 11.5.1984 at about 11 p.m. at Bodhan, the accident took place. In that accident, the husband of the 1st appellant and the father of the appellant No. 2 died. The appellants' case is that the lorry driver drove the vehicle rashly and negligently as a result of which the scooterist died. The respondents' case is that PW 3 who was a direct witness to the accident stated in a report given to the police that the deceased was driving the scooter at a high speed in wrong direction. The burden is on the claimants and unless and until the burden has been discharged by the claimants, they cannot rely upon the fact of non-examination by the respondents or the inconsistent statements made by the respondents. The lower court took into consideration the evidence of PW 3. At the time when PW 3 was examined, it came to light that he is a person who gave the F.I.R. When records have been sent for from the criminal court and when they have been perused after admission as Ex...
New India Assurance Co. Ltd. Vs. Kramtan Perinayagam and anr.
Court: Andhra Pradesh
Decided on: Nov-25-1991
Reported in: 1992ACJ142
G. Radhakrishna Rao, J.1. Pending disposal of the O.P. No. 126 of 1989 on the file of the Additional District Judge, Madanapalle, the claimant filed LA. No. 274 of 1990 under Order 16, Rule 17, Civil Procedure Code praying to permit the petitioner to enhance the claim of compensation amount from Rs. 15,000/- to Rs. 25,000/-. The learned Judge relying on a decision of a Division Bench of this Court, reported in T. Srinivasulu Reddy v. C. Govardhana Naidu 1990 ACJ 66 (AP), held that Section 92-A of the Motor Vehicles Act applies to a petition for compensation as on 1.10.1982 irrespective of the fact that the accident took place prior to that date and ultimately allowed the application. Against that, the insurance company filed this appeal.2. The accident in this case took place on 12.6.1989. The new Act came into force on 1.7.1989. The learned Standing Counsel for the insurance company contended that the decision of the Division Bench which has been relied upon by the court below has bee...
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