Andhra Pradesh Court December 1991 Judgments
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The New India Assurance Co. Ltd. Vs. M. Pedda Buchinarayana and ors.
Court: Andhra Pradesh
Decided on: Dec-06-1991
Reported in: 1992(2)ALT104
ORDERRadhakrishna Rao, J.1. The point that arises for consideration in these two appeals is whether the amount that has been granted under Section 92A of the Motor Vehicles Act, 1988 has to be given credit to, at the time of ascertaining the claim under Section 110-A of the Act. Section 92-A reads as follows:-'92-A: Notwithstanding anything contained in Sub-section (1), where in respect of the death or permanent disablement of any person, the person liable to pay compensation under Section 140 is also liable to pay compensation in accordance with the right on the principle of fault, the person so liable shall pay the first mentioned compensation and(a) If the amount of the first mentioned compensation is less than the amount of the second mentioned compensation, he shall not be liable to pay (in addition to the first mentioned compensation) only so much of the second-mentioned compensation as is equal to the amount by which it exceeds the first mentioned compensation:(b) If the amount ...
Chintapatla Arvind Babu and Another Vs. Smt. K. Balakristamma Alias Bh ...
Court: Andhra Pradesh
Decided on: Dec-05-1991
Reported in: AIR1992AP300
ORDER1. The defendants in O. S. No. 7 of 1990, D.M.C., Nagar Kurnool are the revision petitioners. The suit was filed for injunction in regard to the house bearing No. 15-30. The plaintiffs claim that the plaint schedule property belongs to the 1st plaintiff and 2nd plaintiff is the tenant therein. The defendants contend that their father Srinivasa Chari purchased plot bearing No. 44 Class D to an extent of 200 square yards under a registered sale deed No. 480/60 dated 17-5-1960 from the National Educational Society of Nahar Kurnool and constructed the house bearing Nos. 15-31, 15-33 and 15-40 after obtaining permission from f he panchayat and the 2nd defendant is their tenant in house bearing No. 15-38. It was further urged for the defendants that the father of the 1st plaintiffpurchased a plot bearing No, 43 Class D of an extent of 200 spuare yards through a registered sale deed No. 470/60 dated 17-5-1960 from the same National Educational Society and constructed house bearing Nos. 1...
Ram Kumar Soni and anr. Vs. G. Ravindranath and anr.
Court: Andhra Pradesh
Decided on: Dec-05-1991
Reported in: 1992(2)ALT658; [1993]77CompCas44(AP)
Jagannadha Raju, J.1. This batch of petitions is filed under section 482, Criminal Procedure Code, 1973, for quashing the proceedings pending in the Courts of the IV Metropolitan Magistrate and the XII Metropolitan Magistrate, Hyderabad. The short question that has to be considered in these petitions is whether on the facts of the case and on the basis of the notices exchanged between the parties, any offences are made out under section 138 of the Negotiable Instruments Act and under section 420 of the Indian Penal Code. 2. The facts are similar in all the cases and, briefly stated, they are as follows : 3. In 1981-82, the complainants entered into agreements with the present petitioner for purchase of flats at the rate of Rs. 212 per sq. ft. The construction was not made in time. It prolonged for six or seven years and subsequently when these people insisted upon registering the flats charging the rate at the old agreed rate of Rs. 212 per sq. ft., the builder-present revision petitio...
State of Andhra Pradesh Ministry of Major Irrigation Rep. by the Secre ...
Court: Andhra Pradesh
Decided on: Dec-04-1991
Reported in: 1992(1)ALT310
ORDERNeeladri Rao, J.1. All these revision petitions are considered together as the same point is involved.2. The respondent in each of these cases filed O.P. under Section 8 of the Arbitration Act praying for appointment of an arbitrator alleging that there is vagueness in regard to the panel referred to in the agreement the court of competent jurisdiction refused to act as arbitrator, incases where it was as the arbitrator under G.O.Ms. No. 430, dated 24-10-1983. In each of the cases, the respective petitioner therein had given names of three persons who can be considered for appointment as the arbitrator. In all these cases, the Court appointed one of the persons referred to in the respective petitions, as the arbitrator. The said orders are challenged in these revision petitions.3. The learned counsel for the respective respondents herein submitted that no bias was alleged against anyone of those arbitrators, and the respective arbitrators already entered into reference and some of...
Sri K. Thirunavukkavasu Chetty and anr. Vs. the Secretary, State Trans ...
Court: Andhra Pradesh
Decided on: Dec-04-1991
Reported in: 1992(1)ALT445
M.N. Rao, J. 1. These two writ petitions raise identical questions for resolution and so we are inclined to dispose them of by this common judgment. Suffice it to mention the facts in W.P.166 of 89. The petitioner is an inter-state operator originally plying on the route Madras to Arambakkam and this route, by virtue of the Inter-State Transport Reciprocal Agreement between the Governments of Andhra Pradesh and Tamilnadu notified in G.O.Ms. No. 715 Home (Transport-1) dated 2-6-1975, was allotted to the State of Tamilnadu. He applied to the Tamilnadu State Transport Authority seeking variation of the route by extension from Madras to Arambakkam as Madras to Sullurpet. When the State Transport Authority, Madras dismissed his application he preferred an appeal before the Transport Appellate Tribunal, Madras which by its order dated 23-12-1975 allowed the appeal and granted the variation in consequence of which the State Transport Authority, Andhra Pradesh was asked by its counterpart in M...
S. Noor Ahmed Vs. State Bank of India and ors.
Court: Andhra Pradesh
Decided on: Dec-03-1991
Reported in: 1992(1)ALT380; (1992)IILLJ373AP
ORDER1. The petitioner questions the order of the second respondent dated March 25, 1986 discharging the petitioner from the service of 'Duftry'. The petitioner joined service of the State Bank of India in the year 1972 as a Messenger. He was later promoted to the post of Duftry in the year 1981. A charge-sheet was issued to the petitioner by the second respondent, stating that the petitioner suppressed his conviction prior to his joining service in the respondent bank, in the declaration made by him at the time of entering into service, the further charge was that the petitioner was convicted of an offence involving moral turpitude. The Enquiry Officer came to the conclusion after enquiry, that the conviction got obliterated on release of the petitioner under Sec. 4 of Probation of Offenders Act and that he is not guilty of the charges. The disciplinary authority did not agree with the findings of the Enquiry Officer and by proceedings dated April 8, 1985, held the petitioner guilty a...
Josyula Hanuma Venkata Rao Vs. Nandam Subbarayudu and ors.
Court: Andhra Pradesh
Decided on: Dec-03-1991
Reported in: 1992(3)ALT375
N.D. Patnaik, J.1. This appeal is filed by the plaintiff in O.S. 530/1976 in the court of District Munsif, Tanuku. The plaintiff filed the suit against 14 defendants for a mandatory injunction directing the defendants 1 to 13 to remove unauthorised construction of walls etc. on the road margin in Lingala street in Penugonda village adjacent to the northern side of the plaintiff's house and for costs of the suit.2. The plaintiff's case is that in the road margin between his compound wall and the road there is a space of about 3 yards width which is road margin and defendants 1 to 13 have constructed a building on the road margin with the avowed object of installing a deity in spite of the plaintiff's objection that it will interfere with the access to the street. The defendants 1 to 9 and 13 contended that the Mandapam was constructed in 1968 and the deity has to be installed and walls are being constructed to prevent its exposer to Sun and rain but the plaintiff himself encroached into...
N. Bala Lingam Vs. the Joint Transport Commissioner and Secretary
Court: Andhra Pradesh
Decided on: Dec-03-1991
Reported in: 1992(1)ALT621
ORDER1. The petitioner herein is the owner of a goods vehicle bearing registration number APB 7428, and it was seized on 22-5-1990 by Forest Officials of Warangal District on the allegation that the vehicle was used in the commission of a forest offence. Challenging the legality of the seizure, the petitioner filed Writ Petition 8198 of 1990 in this Court which was disposed of by an order dated 14-6-1990 directing the Forest Officials to release the vehicle in favour of the petitioner on condition of his furnishing security in a sum equivalent to the value of the vehicle and also giving an undertaking that he should produce the same before the authorities as and when demanded for purposes of proceeding with the enquiry under the provisions of the Forest Act. The formalities specified in the order, the petitioner could complete only on 4-12-1990 and obtain release of the vehicle on that day. His case is that as the vehicle was not in a road-worthy condition, it was towed back to his nat...
A.P.S.R.T.C. and ors. Vs. Kouser Bani and ors.
Court: Andhra Pradesh
Decided on: Dec-03-1991
Reported in: 1992(2)ALT563
Radhakrishna Rao, J.1. An Excise Constable, aged about 34 years, was proceeding on a Motor cycle to his office on 19-6-1983 at about 9 A.M. At that time the bus AAZ 2060 belonging to the Corporation going to Raichur with high speed with rash and negligent manner dashed against the Motor Cycle with the result, the constable sustained injuries and met with an instantaneous death. His wife, children and parents claiming a compensation of Rs. 2,63,469/- paise.2. On a consideration of the evidence on record, the Tribunal rightly arrived at the conclusion that the R.T.C. bus alone was at fault and that finding has been confirmed.3. With regard to the quantum of compensation, the learned counsel for the Corporation contended that the wife is getting a family pension and that pension has to be deducted. Pension is a deferred wage. The wife is getting the family pension by virtue of the service rendered by the deceased but not on account of the accident. Therefore, the pension or any other bene...
The Branch Manager, the New India Assurance Co. Ltd. Vs. Harijana Baba ...
Court: Andhra Pradesh
Decided on: Dec-03-1991
Reported in: 1992(2)ALT155
ORDERRadhakrishna Rao, J.1. On account of the death of Harijana Thippanna in a Motor Accident, his wife and son filed a claim petition under Section 100A of the Motor Vehicles Act claiming compensation of Rs. 50,000/-. The owner remained ex parte. The Insurance Company took all the available pleas, but they have not taken the plea about the statutory liability that has to be fixed. After contest, it has been found by the Tribunal that the driver drove the vehicle rashly and negligently resulting in the death of the deceased and the claimants are therefore, entitled for a compensation Rs. 24,000/- and fixed the liability jointly and severally. It is against that, the Insurance Company filed the appeal.2. The main contention that has been raised by the claimants is that the appeal itself is not maintainable. That contention has no force. When the owner himself remained ex parte and he allowed the court to pass an order on the merits, non impleading of the owner by the Insurance Company c...
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