Andhra Pradesh Court June 1993 Judgments
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Mohan Lal Vs. the Sub-inspector of Police, Traffic, Compounding Booth
Court: Andhra Pradesh
Decided on: Jun-18-1993
Reported in: 1993(2)ALT581
ORDERImmaneni Panduranga Rao, J.1. Heard the learned counsel for the petitioners.2. The learned Government Pleader sought time for taking instructions and filing counter. But, the learned counsel for the petitioner has opposed the adjournment on the ground that out of the 6 buffaloes taken into custody by the respondent, one buffalo had already died and there is a risk of other buffaloes dying if any adjournment is given.3. It is submitted by the learned counsel for the petitioner that the buffaloes of the petitioner were taken into custody on the ground that the petitioner has committed the offence under the Sections 43 and 44 of City Police Act. These offences being compoundable, the petitioner has compounded the offences and an amount of Rs. 750/- was imposed and collected by the respondent by way of compounding fee. When once compounding fee is imposed and collected, I agree with the submission of the learned counsel for the petitioner that there is no justification for continuing ...
Cherukuri Venkat Raju Vs. Parasa Reddy
Court: Andhra Pradesh
Decided on: Jun-17-1993
Reported in: 1994(2)ALT653
S. Dasaratharama Reddy, J.1. This is an appeal filed by the owner of the bus against the order of the Motor Accidents Claims Tribunal, Machilipatnam awarding compensation of Rs. 10,900/- to the claimant with interest at the rate of 9% p.a. from the date of the petition.2. According to the claimant, the accident took place on 18-4-1983 between Pedana and Machilipatnam as a result of rash and negligent driving of the City Bus bearing No. A.P.K. 1445 by the driver who was set ex parte in O.P. and given up in this appeal. The Claimant was a flower vendor travelling in the bus at the time of the accident. Due to the rash and negligent driving of the city bus by its driver, the bus fell in a drainage canal as a result of which the claimant sustained injuries on the right side of his head and the 2nd phaly of the right toe was cut. The claimant filed the O.P. claiming compensation of Rs. 15,000/-.3. The owner of the bus, who is the appellant herein, opposed the claim contending that there was...
Cherukuvada Radhakrishna Murthy Vs. Khandavalli Babji and ors.
Court: Andhra Pradesh
Decided on: Jun-17-1993
Reported in: 1994(2)ALT613
ORDERS. Dasaratharama Reddy, J.1. In this appeal filed by the claimant against the award of Motor Accidents Claims Tribunal, Rajahmundry, the appellant claims further damages of Rs. 7,000/- in addition to Rs. 18,000/- granted by the Tribunal under Section 110-A of the Motor Vehicles Act, 1939 (hereinafter referred to as the 'Act').2. According to the petition, on 7-12-1984, the appellant who was going on cycle in Rajahmundry town was hit by a lorry bearing No. A.B.P. 7889 due to the rash and negligent driving of its driver as a result of which the appellant sustained fracture to his left leg and multiple injuries all over his body. The appellant was aged 40 years and he was a lorry cleaner by profession. Due to the accident, he was permanently disabled due to the shortening of the leg by 4 inches. The appellant claimed Rs. 3,200/- for medical expenses, Rs. 800/towards cost of wrist watch and cycle, Rs. 4,000/- towards compensation for pain and suffering, Rs. 15,000 /- towards compensat...
R.M. Trivedi and Sons Vs. Sheeba Computers Pvt. Ltd., Rep. by Partner ...
Court: Andhra Pradesh
Decided on: Jun-17-1993
Reported in: 1993(2)ALT564
ORDERY. Bhaskar Rao, J.1. These three revision petitions are filed against the common order dt.3-9-92 passed in I.A.No. 888/91, I.A.No. 562/92 and I.A.No. 316/92inI.A.No. 574/91in O.S.No. 135/91 by the III Additional Judge, City Civil Court, Secunderabad.2. The petitioner in these revision petitions is the plaintiff and the respondent is the defendant before the lower court. It filed the suit in O.S.No. 135/91 in the Court of III Additional Judge, City Civil Court, Secunderabad for recovery of money. The petitioner also filed I.A.No. 888/91 to pass conditional attachment orders directing the respondent/defendant to furnish security for the suit amount or else to attach the movables mentioned therein, I. A.No. 562 /92 to call upon the respondent/defendant to honour the undertaking given in LA. No. 574/91, and I.A.No. 316/92 in I.A.No. 574/91 to direct the respondent-defendant to deposit the articles mentioned in the Memo dt. 15-7-91 in the Court to the credit of the suit. After inquiry,...
C.R. Munirathanam Reddi Vs. Krishnamma and anr.
Court: Andhra Pradesh
Decided on: Jun-17-1993
Reported in: [1994]79CompCas864(AP)
S. Dasaratharama Reddi, J.1. This is an appeal filed by the owner of the tractor, bearing No. APC 9147, and its trailer, bearing No. 8909, against the award of the Motor Accidents Claims Tribunal, Chittoor, granting compensation of Rs. 24,950 to the claimant who was injured in an accident on September 17, 1984, involving the tractor and its trailer. 2. The claimant filed O.P. No. 100 of 1985, under section 110A of the Motor Vehicles Act, 1939, hereinafter referred to as 'the Act', seeking an award for Rs. 50,000 towards compensation against the owner of the vehicle, Munirathnam Reddy, the appellant herein and also against the United India Insurance Co. Ltd. with which the vehicle was insured. She also filed a separate petition O.P. No. 101 as 1985, under section 92A of the Act seeking a compensation of Rs. 7,500. 3. The case of the appellant is that while she along with her mother-in-law were going from Thenabanda to Chittoor on September 17, 1984, for purchasing provisions, the tracto...
Shankar Rao and anr. Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Jun-16-1993
Reported in: 1994(1)ALT(Cri)690; 1993CriLJ3833
G. Radhakrishna Rao, J.1. This appeal by A. 1 and A. 2 is from the judgment of the learned Additional Sessions judge, Nizamabad, convicting and sentencing them to undergo imprisonment for life and also to pay a fine of Rs. 200/- each in default to further undergo simple imprisonment for three months for the offence punishable under Section 34, 302 of the Indian Penal Code. 2. There are four accused in the case before the learned Addl. Sessions Judge, Nizamabad. A. 1 and A. 2, appellants herein, were chargesheeted for the offence punishable under Section 302, I.P.C. for committing the murder of the deceased Laxman Rao on 4-8-1990 at 2.00 a.m. at Padampalli village by beating him with an axe and kammakatti respectively on his head, shoulder and chest. A. 3 and A. 4 were chargesheeted for the offence punishable under Section 302 read with Section 34, I.P.C. for assisting A. 1 and A. 2 in the commission of the offence. 3. The case of the prosecution, in brief, is as follows : A. 1 proposed...
Dr. A. Josephine Vs. the Govt. of A.P., Home (Gen.) Dept., Rep. by Its ...
Court: Andhra Pradesh
Decided on: Jun-16-1993
Reported in: 1993(3)ALT1
ORDERSivaraman Nair, J.1. There is an apparent conflict between the views expressed by two Division Benches of this Court in relation to the effect of Rule 9 (b) of A.P. Cinema (Regulation) Rules, 1970.The view expressed in Sri Satya Cine Enterprises, Hyderabad v. Govt. of A.P. and Ors., AIR 1984 NOC 146 (P.67) by a Division Bench was that:'Even if some rule is not complied with which needs to be complied with before making of an application for permission to construct a cinema theatre and the application is also not rejected within a period of ninety days still under the circumstances the second proviso accords grant of deemed permission to the applicant. As such, subsequent to the working out of the second proviso, if it is found that the application is in violation of a certain rule and hence the deemed permission cannot be accepted then it amounts to nullifying the very proviso incorporated through the G.C. dated 16-6-1978. Therefore, contravention or violation of certain rules whi...
Aitha Ravindra Vs. Peddireddy Janardhana Reddy and ors.
Court: Andhra Pradesh
Decided on: Jun-16-1993
Reported in: 1993(3)ALT85
ORDERS. Parvatha Rao, J.1. The petitioner in this revision petition presented a plaint on 20-2-1989 before the learned Subordinate Judge at Kovur, showing the respondents herein as defendants, for the following reliefs:-(a) declaring that plaintiff is not liable to pay Rs. 24,052-94 paise being the arrears of consumption charges;(b) declaring that the plaintiff is not liable to pay Rs. 9,412-85 Paise being the penal charges of malpractice levied by Assistant Divisional Engineer, Operation, Kovur by LR. No. ADE/O/KVR/ASO/D. No. 3066/87 dated 6-10-1987;(c) directing the respondents 3 and 4 to restore the service connection by way of mandatory injunction;(d) granting costs of the suit; and(e) granting such other and further reliefs as are deemed just and proper.The plaintiff paid ad valorem court-fee in respect of reliefs (a) and (b). Objection was taken for non-payment of Court-fee for the third relief i.e., the relief of mandatory injunction and the plaint was returned on the same day i...
Pothineni Venkateswarlu Vs. Bodempudi Kotamma
Court: Andhra Pradesh
Decided on: Jun-15-1993
Reported in: AIR1994AP40; 1993(2)ALT499
ORDER1. The respondent in these civil revision petitions filed O.S. No. 35 of 1982 onthe file of the learned Principal District Munsif at Addanki against the petitioner for recovery of an amount said to be due on a pronote. At the stage when the matter was posted for arguments, the petitioner herein filed I.A. No. 359 of 1989 under S. 151, C.P.C. to reopen the suit to enable him to take the plea that under the Andhra Pradesh Agricultural Indebtedness (Relief) Act, 1987 (A.P. Act 45 of 1987), hereinafter referred to as 'the Act', the suit had abated as he was a 'small farmer' by amending the written statement, and also I.A, No. 360 of 1989 under O.6, R. 17 read with Ss.94 and 151, C.P.C. for amendment of the written statement by adding para 6(a) as follows:--'Since this defendant is a small farmer the suit debt even if true has abated in view of the provisions of Act 45/1987. Hence the suit is liable to be dismissed on the ground as well.'The learned Principal District Munsif by his ord...
State of Andhra Pradesh Vs. Venkatesh Foundry
Court: Andhra Pradesh
Decided on: Jun-14-1993
Reported in: [1994]92STC34(AP)
S. Parvatha Rao, J.1. In all these tax revision cases preferred by the State against the orders of the Sales Tax Appellate Tribunal allowing various appeals filed by several assessees, the common question that arises for our consideration is whether the goods sold by the assessee and described by them as 'cast iron castings' which are manufactured out of tax-suffered pig iron and cast iron or iron scrap were 'cast iron' are covered by item 2(i) of the Third Schedule to the Andhra Pradesh General Sales Tax Act, 1957 (hereinafter referred to as 'the Act') and therefore the turnovers relating to the said sales were not taxable on the ground that the said sales were second sales. 2. In all those appeals, the Tribunal proceeded on the basis that the goods sold by the assessees were cast iron castings and held that cast iron and cast iron castings were commercially one and the same commodity. The Tribunal did not enquire into the meaning of the term 'cast iron castings' and whether the goods...
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