Andhra Pradesh Court December 1991 Judgments
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The United India Insurance Company Ltd. Vs. U. Narasimhudu and ors.
Court: Andhra Pradesh
Decided on: Dec-26-1991
Reported in: 1992(3)ALT517
Radhakrishna Rao, J.1. In all these 14 cases, the case set up is that due to the rash and negligent act of the driver of the vehicle the accident took place. The Tribunal ultimately fixed the liability on the Insurance Company and awarded an amount of Rs. 20,000/- to each of the claimants in these cases where there are 14 deceased. The facts are that many people were travelling in the lorry at the time of the accident. Some persons received injuries and some persons died. In the claim petition the claimants did not mention the name and address of their employer and the column relating to the name and the address of the employer is shown as nil. That means, they were not travelling in the lorry engaged by their employer. The finding is that they have not paid any fare. So they are not fare paid passengers. They were also not engaged by any person on that day. So when they themselves came forward with the plea that the name and address of their employer is nil, now they cannot be permitt...
Chundru Srinivasa Rao and anr. Vs. Chundru Venkata Rao and anr.
Court: Andhra Pradesh
Decided on: Dec-26-1991
Reported in: 1992(2)ALT733
ORDERRadhakrishna Rao, J.1. This appeal is filed against the dismissal of I.A.No. 127/89 in O.S.No. 44/88 on the file of the Subordinate Judge's Court, Ramachandrapurarn. This I.A.No. 127/89 was filed by the appellants herein for appointment of a receiver to take possession of the plaint A schedule landed properties together with standing crop and to manage the same during the pendency of the suit.2. Petitioners 1 and 2, appellants herein, and the 2nd defendant are the sons of the 1st defendant. The suit was filed by the appellants herein for partition of the suit properties alleging that their father is not providing anything to them for their livelihood. In cases like this the party which will be in possession of the major portion of the property always enjoys and the other party suffers. Therefore, the normal rule that no receiver can be appointed in cases of partition has to be deviated in such circumstances as of the present case. Whenever major part of the landed property has bee...
Mohammed Naseer Alias Attu and anr. Vs. Government of A.P. and anr.
Court: Andhra Pradesh
Decided on: Dec-24-1991
Reported in: 1992(1)ALT432
Syed Shah Mohammed Quadri, J.1. On 7-8-91 seven persons including the petitioners in the above two writ petitions are said to have way-laid and assaulted one Sri Mohd. Ikramuddin S/o Late Mohd. Ismail on public road near Liaquat Hotel Gulshan Nagar at about 22-00 hours, put him under threat at the point of knives and robbed an amount of Rs. 2,500/- from his person. On the complaint of the said Mohd. Ikramuddin a case in Crl.No. 210 as against the petitioner in W.P. 15829/91 and a case in Cr.No. 219/91 as against the petitioner in W.P.15826/91 under Section 386 read with Section 34 of I.P.C. were registered by the S.I. of Police, Musheerabad Police Station on 8-8-91 at 18-30 hours. Some of the gang members were arrested while they were distributing the booty and were produced before the XVII Metropolitan Magistrate who remanded them to judicial custody on 9-8-91. They were subsequently released on bail on 12-8-91. On the basis of this incident the Commissioner of Police, Hyderabad City,...
V. Satyanarayana Vs. B. Balakishore
Court: Andhra Pradesh
Decided on: Dec-24-1991
Reported in: 1992(1)ALT666
Radhakrishna Rao, J.1. The facts of the case, in brief, are as follows:The plaintiff (respondent herein) filed the suit in the year 1979 on the basis of a promissory note under which some monies were lent by the plaintiff to the defendants (the appellant being one of the defendants in the suit). The suit was hotly contested and ultimately a decree was passed in favour of the plaintiff on 18-2-84. Against the said decree, the defendants filed an appeal in A.S. No. 2980/84 on the file of this Court and the matter is still pending. It is stated that inasmuch as the conditional order passed by this court for stay of the execution of the decree was not complied with, the execution proceedings were proceeded with and in pursuance of the same, a court auction was held. Aggrieved by that, the 3rd Judgment-debtor preferred E.A.No. 388/87 on the file of the Court of the Subordinate Judge, Gudivada for setting aside the aforesaid court auction raising certain objections. The learned Subordinate J...
P. Yadamma Vs. Shankarlal and anr.
Court: Andhra Pradesh
Decided on: Dec-24-1991
Reported in: 1993ACJ180
Radhakrishna Rao, J.1. This is an appeal by the claimant against O.P. No. 434 of 1985 on the file of the Motor Accidents Claims Tribunal, Hyderabad, for enhancement of compensation.2. The only short point that arises for consideration in this appeal is:Whether the appeal is maintainable against the insurance company when the appeal against the owner of the vehicle is dismissed for default3. In this case, the first respondent is the owner of the vehicle and the second respondent is the insurance company. On account of non-payment of batta to the first respondent owner by virtue of an order of this Court dated 25.10.1989, the appeal against the first respondent is dismissed for default.4. Mr. Kotta Subba Rao, learned Counsel for the second respondent, insurance company, relying upon a decision in Magadri Satyanarayana v. B. Jayaramarao : AIR1990AP160 , contended that until and unless the liability has been fixed on the owner of the vehicle, the question of fixing liability on the insuran...
Sakthi Engineering Co. Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Dec-23-1991
Reported in: [1993]91STC59(AP)
S. Parvatha Rao, J.1. The main question in these tax revision cases is whether sales tax can be levied on the excise duty included in the earlier part of the bill, but which was deducted at the end of the bill showing the balance as the amount payable by the customer. The learned counsel for the petitioner contends that the excise duty was excluded from the final billed amount as it was not payable by a customer and therefore did not form part of the turnover assessable to sales tax. Counsel for the petitioner states that under the terms of the sale, the customer did not agree to pay the excise duty because it was to be reimbursed by the Central Government. He relies on the decision of a Division Bench of this Court in State of A.P. v. Ranka Cables Pvt. Ltd. wherein also similar transactions were involved and it was held that excise duty did not form part of taxable turnover as it was not payable by the customer. 2. The facts of these cases are similar to the facts in Ranka Cables case...
K. Subba Naidu and ors. Vs. G. Subbaiah and ors.
Court: Andhra Pradesh
Decided on: Dec-22-1991
Reported in: 1992(1)ALT290
ORDERV. Neeladri Rao, J.1. The defendants in O.S. No. 327/90 on the file of the Principal Subordinate Judge, Tirupati are the revision petitioners. The respondents herein filed a suit for injunction in regard to an extent of Ac.7.18 cents in Sy. Nos.298 and 299 in Vemuru village, Tirupati Rural Mandal. They also filed LA. No. 2131/91 praying for temporary injunction pending disposal of the suit. The temporary injunction was granted as prayed for by order dated 5-2-1991. The same was assailed in C.M.A. No. 4/91 on the file of the IIIrd Additional District Judge, Chittoor at Tirupati and the same was dismissed on 30-9-1991. The same is attacked in this revision petition.2. The plea of plaintiffs respondents is as under: The Plaint Scheduled land is covered by original paimash No. 389 and the same was assigned to these Plaintiffs in 1976 and each one of them was allotted Ac.1-00 or Ac.1-04 cents as referred to in the plaint and from that time they were in possession of the same. The defen...
The General Manager, Anna Transport Corporation Vs. S. Ramana
Court: Andhra Pradesh
Decided on: Dec-20-1991
Reported in: 1993(1)ALT424
ORDERRadhakrishna Rao, J.1. A boy aged about 21 years, studying the II year B.Com., involved in a motor accident which ultimately resulted in the amputation of his left foot to some extent, claimed damages of Rs. 1,11,000/- in O.P.No. 397/86 filed Under Section 110-A of the M.V. Act and he also filed another 6.P. No. 398/86 Under Section 92-A of M.V. Act claiming damages of Rs. 7,500/-. After considering the evidence, having found that there is rash and negligent driving on the part of the driver of the vehicle and having found that the amputation as stated by him is supported by medical evidence, the Tribunal granted inall Rs. 76,000/-as compensation, viz.,Rs.68,500/ - under Section 110-A and Rs. 7,500/- under Section 92-A of the M.V. Act. Aggrieved for grant of the said compensations, the respondant-The General Manager, Anna Transport Corporation, Salem, Tamilnadu State filed these two appeals.2. The fact that P.W.1 who is the claimant received the injuries is not in doubt 0and that ...
K. Poolamma and ors. Vs. the Oriental Insurance Co. Ltd. Rep. by Its B ...
Court: Andhra Pradesh
Decided on: Dec-20-1991
Reported in: 1992(3)ALT219
Radhakrishna Rao, J.1. There are four claimants in the O.P. Admittedly, it has been found by the Tribunal that all the four claimants are entitled for a compensation of Rs. 23,000/-. The amount has been apportioned and Rs. 6,000/- has been awarded to the 4th claimant. Subsequently the 4th claimant died. The claimants claiming to be the legal representatives of the 4th claimant filed a petition that the amount that has been awarded in favour of the 4th claimant may be paid to them. The same was dismissed by the Tribunal; Against that, the present appeal has been filed.2. The 4th claimant has been awarded a compensation of Rs. 6,000/- and it has become final. The legal representatives of that claimant alone are entitled to the said amount and the Insurance Company cannot claim any amount. In a case where the award has become final and where the amount has been apportioned and one of the claimants died, before withdrawal of that amount or before execution of that award, the legal represen...
Ravilla Subba Naidu and ors. Vs. G. Subbaiah and ors.
Court: Andhra Pradesh
Decided on: Dec-20-1991
Reported in: 1992(1)ALT454
ORDERNeeladri Rao, J.1. The defendants in O.S.No. 876/87 on the file of the First Additional District Munsif, Tirupati, are the revision petitioners. The lower Court held that the document dated 25-1-83 is a conveyance deed coming within the purview of Section 2(10) of the Indian Stamp Act. The same is challenged in this revision petition.2. The relevant recitals are as under:-3. It is recited therein that they are not going to prefer any appeal against the judgment in O.S.No. 312/80 as they received the amount of Rs. 4,250/-and if they act contrary to the same, they arc liable to pay Rs. 3,250/-. Thus, it is not a case where title in the property referred to was conveyed after receiving Rs. 4,250/-. The decree was already obtained by the person in whose favour this agreement was executed. From the recitals it can only be stated that the executants of the agreement had agreed not to prefer an appeal and he received Rs. 4,250/- by way of consideration for not prefering appeal. Thus the ...
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