Andhra Pradesh Court April 1993 Judgments

Battu Pedda Jangaiah and ors. Vs. the Joint Collector

Court: Andhra Pradesh

Reported in: 1993(2)ALT505

ORDERSyed Shah Mohammed Quadri, J.1. These fifteen cases, out of which nine are Civil Revision Petitions and six are Writ Petitions, arise out of the same facts and raise some questions of law. Therefore, they are heard together and are being disposed of by this common judgment.2. To appreciate the questions involved in these cases, it would suffice to refer the facts in C.R.P. 3100 of 1989. In this case, a sale deed was executed by one K. Suguna Devi, wife of Madhusudhan Reddy in favour of Amboji Pentaiah in respect of an extent of Ac.10.00 of land in Pulmamidi village. Pursuant to the sale deed, the possession of the land was delivered to the vendee therein. Under Section 50-B of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (for short 'the Act'), the parties to the sale deed filed applications before the revenue authorities for validation of sale. The case was also noted in what is called as 'call book'. The Tahsildar, Ibrahimpatnam issued validation c...

United India Insurance Co. Ltd. Vs. Anipeddi Dhanalakshmi and ors.

Court: Andhra Pradesh

Reported in: II(1994)ACC673; 1994ACJ98

G. Radhakrishna Rao, J.1. This is an appeal preferred by the appellant insurance company having been aggrieved by the judgment and decree dated 31.3.1986 passed in O.P. No. 83 of 1984 on the file of the First Additional District Judge-cum-Motor Accidents Claims Tribunal, Visakhapatnam, awarding a compensation of Rs. 20,000/- to the 1st petitioner and at Rs. 15,000/- to each of petitioners 2 and 3.2. On 16.11.1983 at about 3.30 p.m. when the deceased and his friend were proceeding on the motor cycle bearing No. ATV 5098 along the left side of the road a lorry bearing No. ABK 5999 driven by the first respondent and belonging to the second respondent came at a high speed in a rash and negligent manner in the opposite direction and dashed against the motor cycle of the deceased. On account of this accident, the deceased died on the spot.3. The short point that arises for consideration in this appeal is whether the claimants, having obtained an award from the Commissioner under the Workmen'...

United India Insurance Company Rep. by Its Manager Vs. Smt. Anipeddi D ...

Court: Andhra Pradesh

Reported in: 1993(2)ALT566

Radhakrishna Rao, J.1. This is an appeal preferred by the appellant Insurance Company having been aggrieved by the Judgment and decree dated 31-3-1986 passed in O.P.No. 83 of 1984 on the file of the First Additional District Judge-cum-Motor Accidents Claims Tribunal, Visakhapatnam awarding a compensation of Rs. 20,000/- to the 1st petitioner and at Rs. 15,000/- to each of petitioners 2 and 3.2. On 16-11-1983 at about 3-30 P.M. when the deceased and his friend were proceeding on the motor cycle bearing No. ATY 5098, along the left side of the road a lorry bearing No. ATY 5099 driven by the first respondent and belonging to the second respondent, came at a high speed in a rash and negligent manner in the opposite direction and dashed against the motor cycle of the deceased. On account of this accident, the deceased died on the spot.3. The short point that arises for consideration in this appeal is whether the claimants, having obtained an award from the Commissioner of Workmen's Compensa...

United India Insurance Co. Ltd. Vs. Odeti Mallu Bai and ors.

Court: Andhra Pradesh

Reported in: 1995ACJ851

Syed Shah Mohammed Quadri, J.1. This appeal is referred to a Division Bench by a learned single Judge of this court as he felt that there is no authoritative pronouncement of this court on the question whether the insurance company is liable to pay compensation to the heirs of the owner of a vehicle who died in an accident while driving the vehicle.2. One Odeti Bhanu Reddy was the owner of the tractor bearing No. APR 6771 and the trailer APR 6772. While driving the said tractor, on his way to his field, he slipped off the tractor, fell down on the ground and was run over by the tractor. He succumbed to the injuries and died on the spot. The tractor was having valid insurance coverage policy issued by the United India Insurance Co. Ltd., the appellant herein, which was valid from 1.3.1983 to 29.2.1984. The deceased was 48 years old at the time of his death. He was Sarpanch of Bommapur village. By cultivation he was earning Rs. 1,200/- per month. He was survived by the petitioners of who...

T.N.T. Skypak Courier Services Vs. N.V. Ranganatham, Advocate

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. The respondent herein, a practicing advocate, at Hyderabad filed a complaint CD. 38/90 against the appellant herein i.e. TNT Skypack Courier service, Hyderabad claiming compensation for non-delivery of packet addressed to Sri B. Rajeswara Rao, Advocate, 125 Lawyers Chambers, Supreme Court Buildings, New Delhi consisting of documents for filing an appeal in the Supreme Court of India. 2. The case of the complainant is that he sent a packet to Delhi consisting of certified copies, records alongwith a draft of Rs. 3400/- on 28.8.89 for filing an appeal in the Supreme Court of India and paid Rs. 60/- to the opposite party. But the papers were not delivered the next day or on any subsequent day. To the enquiries made, the opposite party gave discounteous and callous replies. Hence legal notice was issued on 3.121989 which was received by the opposite party on 9.12.1989. As no reply was given and packet was not delivered the above complaint was filed claim...

The Commissioner, Narsapur Municipality Vs. Fathima Bibi

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. The complainant is the wife of one Yousuff, B.Ed., Assistant Teacher in Municipal Upper Primary School under Narsapur Municipality. He contributed at the rate of Rs. 40.00 per month towards A.P. Employees Group Insurance Scheme from the year 1984. He died in harness on 14.11.1986. According to the terms of the scheme, the amount of Rs. 40,600/is due and payable to the complainant, that is, the wife of the deceased. Although he died on 14-111986, the Opposite Party has not settled the claim even after a period of seven (7) years, thereby the complainant was compelled to file a C.D.No. 323 of 1991 in the District Forum, West Godavari at Eluru. In the complaint, it was mentioned that the District Local Fund Officer, Eluru also had given a clear certificate to release all the insurance amount to the complaint. 2. In the counter, it was admitted that the complainant was entitled to the payment of Rs. 40,600/in accordance with the terms of A.P. Employees G...

Adapa Venkateswra Rao and Another Vs. Mohammad Suleman and Others

Court: Andhra Pradesh

Reported in: AIR1994AP50; 1993(2)ALT446

ORDER1. The petitioners are the third parties who are questioning the order refusing to implead them as defendant Nos. 6 & 7 in O.S. No. 162/82 on the file of the Subordinate Judge's Court. Vijayawada.2. The first respondent is (sic) (has?) filed the suit for specific performance of an agreement against the defendant Nos. 1 to 5. Defendant Nos. 4 & 5 who are the original owners of the suit property, sold the same to the petitioners under two separate sale deeds dated 2-11-1988 and 2-2-1989. As the defendant Nos. 4 & 5 have sold away their property, they lost interest in the suit proceedings and if they do not prosecute the suit diligently, the petitioners who purchased the property, would suffer serious hardship. Therefore; they filed I.A. 2361/89 under Order 1, Rule 10 C.P.C. to implead them as defendant Nos. 6 & 7 on the ground that they are proper and necessary parties to the suit, being the subsequent purchasers. The said application was dismissed by the lower Court holding that th...

Smt. Parimi Mehar Seshu Vs. Parimi Nageswara Sastry

Court: Andhra Pradesh

Reported in: AIR1994AP92; 1993(2)ALT489; I(1994)DMC417

ORDERG. Radhakrishna Rao, J.1. Thiscivil miscellaneous appeal was brought in challenge against the order passed by the learned Subordinate Judge, Gudivada, in O.P. No. 99 of 1989 on his file; whereby the learned Subordinate Judge found that the petitioner, respondent herein, has established that the respondent, appellant herein, behaved cruelly towards him and that, therefore, the petitioner is entitled for divorce.2. The facts of the case in brief, are as follows: The marriage between the petitioner and the respondent had taken place on 26th February, 1982 at Eluru according to Hindu rites and customs. Later, the marriage was consummated. Thereafter, the respondent joined the petitioner and lived for about three months at Gudivada. In or about 1983, the petitioner shifted his family to Mangalagiri where he was working as Lecturer. Out of their wedlock, in the year 1982, a male child was born. The respondent developed aversion towards the male child and did not choose to pay proper car...

Dasarathabhai Ramnik Shah Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Reported in: 1994CriLJ92; 1993(44)ECC133

S. Dasaratharama Reddy, J.1. This is a petition for writ of Habeas Corpus filed by the detenu Dasarathbhai Ramnik Shah himself seeking to quash the order of detention bearing No. 1048/General A/92-1 dated 20-8-1992 passed under S. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred as 'the Act') by the Secretary, General Administration Department (Political), Government of Andhra Pradesh and for consequential release from detention in Central Prison, Hyderabad. 2. The brief facts of the case are as follows : On 30-7-1992, the officers of the Directorate of Revenue Intelligence (Customs), Hyderabad noticed a jeep parked near the Parade Grounds, Secunderabad in which the detenu and another Rohidas were sitting. One Hiralal who was sitting on a scooter was found talking with the occupants of the jeep. On seeing the officials of the Directorate of Revenue Intelligence, the scooterist fled away and on search of the jeep, silver...

Laxmi Starch Limited Vs. Union of India

Court: Andhra Pradesh

Reported in: 1994(1)ALT426; 1993(43)ECC1; 1993(67)ELT769(AP)

Syed Shah Mohd. Quadri, J.1. A common question regarding the constitutional validity of Central Excise and Customs Laws Amendment Act, 1991 (Act 40 of 1991) (for short 'Amendment Act') arises in these Writ Petitions, therefore they were heard together and are being disposed of by a common judgment. 2. The question arises in different factual contexts in these Writ Petitions. We propose to refer to facts in Writ Petition No. 8339 of 1992 to deal with the common question. Facts in the Writ Petitions will be referred to wherever necessary. 3. The first petitioner is a Company registered under the Indian Companies Act and the second petitioner is a share-holder and the General Manager of the first petitioner-company (hereinafter the first petitioner will be referred to as 'the company'). The company manufactures 'Liquid Glucose' which is an excisable item under the Central Excises and Salt Act, 1944 (for short 'the Central Excise Act'). The Company classified 'Liquid Glucose under sub-head...