Andhra Pradesh Court February 1993 Judgments

Employees' State Insurance Corporation, through Its Regional Director ...

Court: Andhra Pradesh

Reported in: 1993(2)ALT278

Syed Shah Mohammed Quadri , J.1. In this appeal filed under Section 82 of the Employees' State Insurance Act, 1948 (hereinafter referred to as the 'Act') the Employees' State Insurance Corporation is the appellant. It challenges the validity of the order passed by the Employees Insurance Court, dt. October 3, 1986 in E.I.Case No. 27 of 1986.2. One Shaik Mahboob was an employee in the Boiler House of Sirsilk Limited. While in service, he died on 26-1-1979. His widowed Mother, Amina Bee, filed a case before the Insurance Court claiming benefit under the Act in E.I.Case No. 19 of 1981. By an order dt. 10-8-1984 the E.I.Court found that the accident which caused the death of the son of the petitioner, arose out of and in the course of employment. It also found that the petitioner was entitled to the dependent's benefit from 27-1-1979 and allowed the petition directing the corporation to pay the dependent's benefit to the petitioner from 27-1-1979. Complaining that instead of paying her a s...

Kodavalli Veeraiah Vs. the Gram Panchayat of Angirekulapadu, Lingasamu ...

Court: Andhra Pradesh

Reported in: 1993(1)ALT280

ORDERMotilal B. Naik, J.1. This petition is for a writ of mandamus declaring that the respondents have no right to carve out or lay road in an extent of 0.25 cents of land situated in S.No. 55/1 of Anneboyinapalle Revenue village, Prakasam district, without adverting to land acquisition proceedings.2. It is the case of the petitioner that he has purchased 0.25 cents of land situated in the north-west corner of S.No. 55/1 out of the total extent of Ac.4-48 cents from the Bezwada Kondaiah under an agreement of sale about 25 years ago and eversince he has been in possession and enjoyment of the same. The remaining land in S.No. 55/1 is owned by Bezwada Kondaiah and the land situated to the north of S.No. 55/1 belongs to one Allam Malakondaiah. It is stated that the land situated to the north of the land Allam Malakondaiah belonged to one Allam Anjaiah, who is the President of the village. The said land measuring Ac.1-00 has been acquired by the Government for the purpose of house-sites to...

B. Janardhan Gupta (Died) and anr. Vs. B. Padmanabha Gupta

Court: Andhra Pradesh

Reported in: 1993(2)ALT419

ORDERA. Gopal Rao, J.1. Plaintiff is the appellant in this appeal. During the pendency of the appeal, plaintiff died and his son was brought on record as his legal representative.2. For convenience, the parties will be referred to as they are arrayed in the suit.3. The suit was filed for (a) partition and separate possession of plaintiff's one-half share in the plaint, 'A' and 'B' schedule properties and (b) directing the defendant to render a full and detailed account of the income from the plaint schedule properties.4. Plaint 'A' schedule consists of immoveable properties and plaint 'B' schedule consists of rice mill, electric motor, starter, items of machinery and furniture in the rice mill.5. The case of the plaintiff, as per the averments in the plaint is:- The defendant is his younger brother. Their father, Eswaraiah, was doing a petty business at the time of his death. Plaintiff and defendant were members of a Joint Hindu Family. The defendant was a minor at that time and he was...

State of A.P. and ors. Vs. N. Siva Reddy (Died) and ors.

Court: Andhra Pradesh

Reported in: 1993(2)ALT549

Syed Shah Mohammed Quadri, J.1. The Appellants in C.M.A.No. 1089/86 and the Petitioners in C.R.P. No. 2646/86 are the same (hereinafter they will be referred to as 'the State'). The appeal and the Civil Revision Petition arise out of the common judgment dated 17-3-1986 in O.S.No. 1165 of 1984 and O.P.No. 376 of 1984 on the file of the First Additional Judge, City Civil Court, Hyderabad making the award rule of the Court.2. The 1st respondent is a contractor. He entered into a contract with the state with respect of construction of a wall from M.O.O.O. to M.O.O.6-447 for protection of Alampur town. The agreement was entered into between the parties on October 22, 1977. The site was handed over to the Contractor on 24-10-1977. As per the agreement, the work was to be completed on or before June 23, 1979. The work could not be completed within the said stipulated time. The first extension for completion of the work was granted by the State till 31-5-1980. Even by that time the work could ...

Nannapaneni Gangadhara Rao Vs. Divisional Manager, National Insurance ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. Case under Section of 17(i)(1) of the Consumers Protection Act 1986 praying that in the circumstances stated in the affidavit filed herein, the State Commissioner will be pleased to direct the opposite parties- 1. To pay Rs. 93000/- under Marine Insurance Policy; 2. To pay interest at 18% per annum of Rs. 93000/- with effect from 20.12.1988 till the date of realisation. 3. To pay Rs. 3,000/- per month towards loss of income from 20.12.88 till the date of realisation. 4. To pay Rs. 2,800/- incurred in salvage operations; 5. To pay costs. 2. This case coming on for hearing upon perusing the Memorandum of affidavit filed herein, and upon hearing the arguments of Mr. V. Gourishankara Rao, Advocate for the petitioner and of Mr. A.V.D. Narasimha Rao, Advocate for the Respondents 1 and 2 the Court made the following Order : - 3. The complainant owned a fishing boat No. KKD 842 having purchased the same by taking loan from the Bank of India and being an unem...

Adapa Mohana Murali Krishna Vs. the Ii Additional Judicial Magistrate ...

Court: Andhra Pradesh

Reported in: 1993(2)ALT150

ORDERSubhashan Reddy, J.1. This writ petition is filed to set aside the order dated 14-8-1992 passed by the II Additional Judicial Magistrate of First Class, Krishna, at Machilipatnam. The said proceedings were initiated under Andhra Pradesh Children Act, 1979. It may be relevant to state the background leading to the said proceedings.2. Miss K. Annapurna, is the daughter of one Kuricheti Ramachandra Rao resident of Machilipatnam. The petitioner Adapa Murali Mohana Krishna is also resident of that place. From the facts it is evident that the writ petitioner and the said Miss K. Annapurna who is impleaded as respondent No. 4 herein by the Court orders dated 8-9-1992 fell in love with each other. They belong to different castes viz., writ petitioner a Naidu Kapu and the girl K. Annapurna, a Vysya. But the caste barrier did not stand in the way of the said two persons and they were deeply in love and nothing could perturb or disturb them. Efforts of the parents of Miss K. Annapurna, her p...

Y. Chendrasekhara Rao and ors. Vs. Y.V. Kamala Kumari and ors.

Court: Andhra Pradesh

Reported in: 1993CriLJ3508

M.N. Rao, J.1. A learned Single Judge has referred these matters for consideration by a Division Bench as there is divergence of judicial opinion on the question as to whether it is obligatory that an application under Section of the Code of Criminal Procedure 1973 should first be filed in the Court of Session 2. All these petitions are sought to be filed under Section 438 seeking anticipatory bail. The Registry, at the stage of numbering, inter alia, has taken an objection as to the maintainability on the ground that the petitioners did not approach the Court of Session. When the matters came up for consideration of the objections raised by the Registry, a learned single Judge on 15-12-1992, after noticing the legal position that the Himachal Pradesh High Court in Mohanlal v. Prem Chand, has taken the view that it is for the petitioner to move either the Court of Session or the High Court under Section 438 but the Karnataka High Court in K. C. Iyya v. State of Karnataka, 1985 Cri LJ 2...

T. Gangaiah and ors. Vs. the Mandal Revenue Officer (Urban) and ors.

Court: Andhra Pradesh

Reported in: 1993(1)ALT276

ORDERImmaneni Panduranga Rao, J.1. This writ petition is filed seeking a writ of mandamus directing the respondent not to dispossess the petitioners and other family members or to prevent them from carrying on brick kilns business in Survey No. 1 of Thambavanigunta village of Tirupathi Mandal. It is stated by the learned counsel for the respondents 4 to 6 (who are impleaded subsequently in the writ petition) that the total extent of Survey No. 1 is Acs.12-01 cents; that respondents 4 to 6 filed O.S.No. 130 of 1984 on the file of the Additional Subordinate Judge's Court, Tirupathi against the Government for injunction in respect of an extent of Acs.2-50 cents within specified boundaries; that the said suit was decreed on 3-6-1991 based upon the sale deeds relied upon by respondents 4 to 6 dated 12-8-1949,21-10-1950 and 20-11-1956; that when there was interference by some private parties, respondents 4 to 6 filed O.S.No. 281 of 1992 on the file of the Principal District Munsif, Tirupathi...

Thota Veera Raghavaiah and anr. Vs. the National Insurance Company Ltd ...

Court: Andhra Pradesh

Reported in: 1993(1)ALT360

P. Ramakrishnam Raju, J.1. This Letters Patent Appeal is filed by the Respondent Nos. 6 & 7 in C.M.A. No. 581/86 which was dismissed by the learned Single Judge with slight modification.2. The facts of the case are these: One Thota Nageswara Rao, who was travelling in a City Bus, died on 12-1-1984 on account of an accident that occurred due to the rash and negligent driving of the driver of the said bus, due to which the driver lost control and the bus swerved to the right side of the road, hit an electrical pole and a palmyrah tree. The mother and the widow of late Nageswara Rao filed M.V.O.P.No. 221 of 1984 on the file of the I Additional District Judge-cum-First Additional Motor Accidents Claims Tribunal, Krishna, Machilipatnam, claiming a sum of Rs. 1,00,000/- by way of compensation. The driver of the ill-fated vehicle, the owner and the Insurance company are the respondents in that Original Petition. The Motor Accidents Claims Tribunal has disposed of the said Original Petition al...

Nemuri Sayanna Vs. Nemuri Srihari and ors.

Court: Andhra Pradesh

Reported in: 1993(1)ALT509

ORDERN.D. Patnaik, J.1. This revision is filed against the order in I.A.No. 974 of 1992 in O.S.No. 1789 of 1987 in the Court of the III Additional Judge, City Civil Court, Secunderabad allowing the petition filed by the second defendant to transpose himself as plaintiff in the suit. The suit is filed by the plaintiff for partition. On 2-7-1992, the plaintiff has filed a memo stating that he is not pressing the suit. Thereupon on 4-8-1992 the learned Judge passed an order recording the memo and also noted that I.A.No. 974 of 1992 is filed and posted the matter to 30-9-1992. On 30-9-1992 he passed the impugned order allowing I.A.No. 974 of 1992. The impugned order reads as follows:'Heard both sides. It is reported no objection for respondents. Petition allowed.'2. In this revision filed by one of the defendants, the learned counsel for the petitioner Sri P.S. Narayana contended that the moment the palintiff filed the memo abandoning the suit, it amounts to dismissal of the suit and there...