Andhra Pradesh Court April 1993 Judgments

Rajaheel Wine Merchants and ors. Vs. the Commissioner of Excise and or ...

Court: Andhra Pradesh

Reported in: 1993(3)ALT88

G. Radhakrishna Rao, J.1. Amendments made to Sub-rule (2) of Rule 4 and Sub-rule (2) of Rule 11 of the Andhra Pradesh Foreign and Indian Liquor Rules, 1970 and to Sub-rule (12) of Rule 66 of the Andhra Pradesh Distillery Rules, 1970, substituted by G.O.Ms.No. 187, Revenue [Excise.-III (2)] Department, dated 18-3-1991, are being challenged in this batch of Writ Petitions. The effect of the above amendments is under Sub-rule (2) of Rule 4 the label fee is enhanced from Rs. 100/- to Rs. 25,000/- while under Sub-rule (2) of Rule 11 of the Andhra Pradesh Foreign and Indian Liquor Rules, 1970 and under Sub-rule (12) of Rule 66 of the Andhra Pradesh Distillery Rules, a fee of Rs. 25,000/- is newly introduced. These amendments are made in exercise of the powers conferred by Section 72 of the Andhra Pradesh Excise Act, 1968 (Andhra Pradesh Act 17 of 1968). These amendments are challenged as arbitrary, illegal, ultra vires and unreasonable and also offending Articles 14 and 19(1)(g) of the Const...

T. Subbarami Reddy Vs. D.R. Ramaswamy Reddy

Court: Andhra Pradesh

Reported in: 1993(2)ALT326

ORDERImmaneni Panduranga Rao, J.1. This revision is filed challenging the order of the learned First Additional District Munsif, Tirupathi dismissing the petition filed for amendment of plaint. Originally this suit was filed by the revision petitioner for a declaration and injunction basing on a lease granted by the Government for ten years from 21-1-81. The defendant has taken a plea that in view of the expiry of the original lease, the suit has become in fructuous. Thereupon, the plaintiff filed I.A.1557/92 seeking amendment of the plaint for declaration as to plaintiff's right to enjoy the plaint - A schedule property with absolute rights till he is evicted under due process of law.2. It is submitted that during the pendency of the suit, the Government granted lease in his favour for another period of 10 years and the same is in force.3. The learned District Munsif dismissed the petition for amendment on the ground that the petitioner has not disclosed in the Writ Petition filed in ...

New India Assurance Co. Ltd. and anr. Vs. V. Raghurami Reddy Alias Rag ...

Court: Andhra Pradesh

Reported in: 1994ACJ614

G. Radhakrishna Rao, J. 1. The claimant, who is the driver of the lorry bearing No. ATS 1926, met with an accident on 29.5.1988 and sustained injuries. According to the petitioner, the tourist bus bearing No. ADQ 8191 came opposite to his vehicle driven in a rash and negligent manner without blowing horn at about 12.00 midnight and hit on the front side of his lorry resulting in the accident. The petitioner-claimant has filed O.P. No. 228 of 1988 on the file of the Motor Accidents Claims Tribunal, Tirupati, claiming a total compensation of Rs. 3,42,500/-. After considering the entire evidence, both oral and documentary, adduced by both the parties and taking into account the nature of injuries sustained by the petitioner, the Tribunal awarded a total compensation of Rs. 1,98,130/- against all the respondents including both the insurance companies, i.e., New India Assurance Co. Ltd. (respondent No. 2) with which the tourist bus ADQ 8191 was insured and United India Insurance Co. Ltd. (r...

Bhel Staff and Workers Union, Hyderabad and anr. Vs. Bhel, Corporate R ...

Court: Andhra Pradesh

Reported in: (1994)IILLJ1180AP

S.B. Majmudar, C.J. 1. A short question is involved in this appeal which is moved by the employees' union representing workmen engaged by respondent No. 1. The question rotates round the interpretation of certain words found in Section 11(1) (c) of the Andhra Pradesh Factories and Establishments (National, Festival and other Holidays) Act, 1974. Under that Act, certain national festivals and other holidays are declared as paid holidays and they are required to be observed in the factories and establishments in this State which are governed by the Act. Further, Section 3 of the Act lays down that every employee shall be allowed in each calendar year a holiday of one whole day on the 26th January, 1st May, 15th August and 2nd October and four other holidays for such festivals as may be notified by the Government or by such other authority as may be prescribed. The appellants contend that the employees of the first respondent are entitled to get the benefit of the aforesaid, holidays amon...

Chamakura Brahmaiah (Died) Per L.Rs. Vs. Thota Ganganna and ors.

Court: Andhra Pradesh

Reported in: 1993(3)ALT434

ORDERSyed Shah Mohammed Quadri, J.1. The petitioners herein are the L.Rs. of the deceased petitioner-1st respondent The petitioner-1st respondent is one of the Judgment-debtors in O.S.No. 397/68 on the file of the 1st Addl. District Munsif, Tanuku. He had mortgaged his residential house amoung other properties for securing the loan of Rs. 4,783-85 ps. on 10-12-1957. The first respondent herein filed the suit for recovery of the amount by sale of mortgaged property. A preliminary decree was passed in this suit on 5-11-1968. Thereafter a final decree was also passed on 12-8-1969. The first respondent herein filed E.P.No. 126/78 for sale of the mortgaged properties. The deceased petitioner-1st respondent filed objection to the executability of the decree and the sale of the building occupied by him by claiming benefit of Section 60(1)(c) C.P.C. The heirs of the judgment-debtors also claimed that they were small farmers and were entitled to the benefit of Act. 7 of 1977.2. The decree-holde...

The New India Assurance Company Ltd. Vs. Kukkamudi Tirupathaiah and or ...

Court: Andhra Pradesh

Reported in: 1993(2)ALT510

Radhakrishna Rao, J.1. This C.M.A. is directed against the judgment and decree dated 19th January, 1983 in M.A.T.O.P.No. 98 of 1983 on the file of the Motor Accidents Claims Tribunal (Additional District Judge), Khammam. By the said judgment and decree, the claimants who are the parents of the deceased were granted compensation of Rs. 25,000/- and the respondents 1 to 3 viz., the driver of the lorry in question, the owner and the Assurance Company respectively are directed jointly and severally to pay the said amount of compensation with interest at 6% per annum.2. In this appeal filed by the New India Assurance Company, it is mainly contended by Mr. I.A. Naidu that when once the Assurance Company denied the existence of the policy, the burden shifts on to the claimants to prove the same. It must be remembered that the claimants are outsiders. It is only because of the contract that has been entered into between owner and the Assurance Company, the liability on the Assurance Company ha...

Gunda Kailasam Vs. Pulloori Arun Kumar

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. This appeal is filed against the order of the District Forum in CD. No. 701 of 1991. The respondent herein complained before the District Forum that he deposited a sum of Rs.7,000/- and that on maturity the sum payable was Rs. 15,000/-. Inspite of demands made, the said amount was not paid. The complainant, therefore, claimed interest from 11.3.1989 amounting to Rs. 3,000/- in addition to Rs. 15,000/-. To the said consumer dispute the Managing Partner of S.R.R. Finance Corporation was made a party. He took the plea that other partners also should be made parties. The District Forum considered that objection and held that there is no material to show that the partnership was registered and the registration number also was not given. But all the partners are liable for payment of the amounts due to the third parties. In that view of the matter, the District Forum directed the payment of Rs. 15,000/- with interest on Rs. 7,500/- and 12% from 11.3.1989 t...

Mannam Amaranatha Reddy Vs. M. Venkateswarlu

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. The case was called earlier on two occasions. There was no representation on behalf of the appellant. Therefore, the case is posted to today for dismissal. Even today, there was no representation on behalf of the appellant. In the circumstances of the case, we are inclined to dispose of the case on merits. 2. The complainant deposited with the opposite party a sum of Rs. 2,500.00 for appointing him as an agent. According to the complainant, the opposite-party closed his business and failed to return the deposited amount, and also did not send any stock of goods. He, therefore, claimed the refund of Rs. 2,500.00 with interest and compensation of Rs. 12,000.00. After service of notice, the case was called. The opposite party was absent and set ex-parte. The District Forum rejected the claim for damages, as there is no proof that he suffered loss on account of breach of contract committed by the opposite party. So far as the deposit amount is concerned,...

The Assistant Accounts Officer, E.R.O., Apseb Vs. Chundi Venkateshwarl ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Pothuri Venkateswara Rao, Member: 1. The Appellant in this case is the Assistant Accounts Officer in the Narasaraopet Electricity Revenue Office of the Andhra Pradesh State Electricity Board (hereinafter referred to as the Board for the sake of convenience). The Guntur District Forum ordered him to pay compensation of Rs. 500/- to the tenant of a house bearing No. 16-61 having electricity connection bearing No. 2983 in Chilakaluripet. Chundi Venkateswarlu, the tenant complained in C.D. 59/89 that he was being harassed by the employees of the Board working in Chilakaluripet and Narasaraopet offices of the Board. Chilakaluripet is in the administrative jurisdiction of Narasaraopet Electricity Revenue Office. 2. The complainant in his complaint petition dated 14.7.1989 alleged that he was given wrong bills that though he was regularly paying his bills, power supply to his residence was illegally disconnected and that even after he paid the dues by M.O. as per the readings proovided by the...

Branch Manager, State Bank of Hyderabad Vs. Gadiraju Rama Bhaskara Vis ...

Court: Andhra Pradesh

Reported in: AIR1993AP337; 1993(2)ALT274

1. The defendant in O.S. No. 112/83 in the Court of the Subordinate Judge, Amalapuram is the appellant. The respondent filed the suit for a mandatory injunction to the appellant for return of the gold articles shown in the plaint schedule, pledged with the appellant-Bank. The respondent's father-late Gadiraju Subbaraju borrowed a sum of Rs. 8,000/- on 15-3-1984 under gold loan from the appellant-Bank and pledged gold jewellery mentioned in the plaint schedule. Subsequently, Subbaraju died having executed a registered will dated 28-2-1983 bequeathing his imnoveable and moveable properties to the respondent. Therefore, the respondent is entitled to recover the goldjewellery after discharging the loan. However, in the suit widow and daughter of Subbaraju were also implcaded as defendants Nos. 2 and 3. Although ah amount of Rs. 11,340/- being the principal together with interest was paid on 23-6-1986 towards the loan account No. 49/84 by the respondent, the appellant-bank did not return th...