Andhra Pradesh Court July 1993 Judgments
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N.V. Suryanarayana Vs. A.P. Khadi Board and anr.
Court: Andhra Pradesh
Decided on: Jul-12-1993
Reported in: 1993(2)ALT696; (1994)IILLJ16AP
M.N. Rao, J. 1. This writ appeal is from the judgment of the learned single Judge in W.P.No. 5021 of 1987 dismissing the writ petition filed by the appellant herein challenging the legality of the order, dated October 24, 1980, in the proceedings bearing No. Estt/24/G1780 passed by the Andhra Pradesh Khadi and Village Industries Board (for short 'the Board') appointing an Inquiry Officer to conduct an inqu iry into three charges conocraing his failure to account for a sum of Rs. 10,000/- entrusted to him as imprest amount at the time when be was transferred from Nalgonda to Nirmal on May 12, 1980, and also two subsequent orders of punishment, one in the proceedings bearing No. Estt/G 1/24/80, dated January 27, 1982, and the other in the proceedings bearing No. Estt/24/Gl/80, dated September 24, 1982. We may briefly state the facts leading to the present writ appeal.2. The appellant was working as Superintendent in the office of the Board. During the year 1979-80, he was promoted as in-...
Vishnudas Manga Bhavani and anr. Vs. Vooturi Bhaskar and ors.
Court: Andhra Pradesh
Decided on: Jul-12-1993
Reported in: 1993(2)ALT589
ORDERParvatha Rao, J.1. This Civil Revision Petition is filed questioning the order of the learned Subordinate Judge at Jagtial in I.A.No. 651/92 in O.S.No. 14/85 dt. 31-12,-92 rejecting the said I.A. filed under Order 26 Rule 9 of the Civil Procedure Code by the petitioners herein for appointing a Commissioner ' to make local inspection of the suit schedule lands and investigate into the existence of two oil engines, two electric motors and four pipelines to irrigate the suit schedule lands and area of the suit lands cultivated and the age of turmeric and chilli crops' etc.2. Notice before admission was ordered in this Civil Revision Petition on 21-1-93. Mr. Y.N. Lohitha filed his appearance for the respondents. On 3-7-93 while directing the CRP to be posted for admission on 12-7-93. I made it clear that the matter would be disposed of or that- day after hearing both sides. Accordingly, I have taken up this CRP for final hearing itself.3. The learned Subordinate Judge dismissed the IA...
United India Insurance Co. Ltd. Vs. Gangadevula Bhadramma and ors.
Court: Andhra Pradesh
Decided on: Jul-09-1993
Reported in: 1994(2)ALT605
ORDERS. Dasaratharama Reddy, J.1. This is an appeal filed by the Insurance Company against the award of the Motor Accidents Claims Tribunal, Khammam in O.P.No. 43 of 1986 dated 30-6-1987 awarding total compensation of Rs. 27,000/- to the claimants as a result of fatal accident.2. According to the claim petition, on 12-12-1985 the deceased boarded the lorry oil tanker bearing No. ADB 8575 to go to neighbouring village by paying Rs. 4/- towards fare to the driver of the lorry belonging to the 6th respondent herein and insured with the appellant and as a result of the rash and negligent driving of the lorry driver, the deceased while getting down from the lorry was run over by it causing instantaneous death. The claimants sought for compensation of Rs. 1,10,000/-.3. The owner opposed the claim stating that the accident occurred on account of the negligence on the part of the deceased who was partly blind and in a drunken state, that the deceased was a gratuitous passenger and that in any ...
United India Insurance Company Ltd., Rep. by Its Branch Manager Vs. Pa ...
Court: Andhra Pradesh
Decided on: Jul-09-1993
Reported in: 1993(3)ALT186
S. Dasaratharama Reddy, J.1. On 6-9-1985 at about 7 p.m. one Ranganayakamma aged about 40 years who was working as Auxiliary Nurse in the Primary Health Centre, Duvuur, died in a road accident involving an oil tanker bearing No. M.D.M. 2325 belonging to the 3rd respondent herein. The sons of the deceased filed O.P.No. 144/86 on the file of Motor Accidents Claims Tribunal, Cuddapah claiming compensation of Rs. 1,00,000/- alleging that the accident was caused due to the rash and negligent driving by the driver of the oil tanker.2. The owner of the oil tanker remained ex parte in the Tribunal while the Insurance Company with which the vehicle was insured opposed the claim alleging that the accident occurred due to the negligence of the deceased and in any event the compensation claimed is excessive. The Tribunal held that the accident occurred due to the rash and negligent driving by the driver and awarded compensation of Rs. 1,05,000/- which was split up into Rs. 15,000/-under no fault l...
Mumtaz Ali Khan and anr. Vs. Rupender Pershad and anr.
Court: Andhra Pradesh
Decided on: Jul-09-1993
Reported in: 1993(3)ALT466
ORDERSyed Shah Mohammed Quadri, J.1. These three C.R.Ps are connected. The Petitioner in CRP. No. 2643/91 & 1732/89 is the tenant which relates to the same premises viz. Mulgi No. 5-4-171 situate at Murlidhar Bagh, Hyderabad, and the respondent therein is the landlord. C.R.P. No. 1798/89 relates to the premises bearing No. 5-4-176 situate at Muralidhar Bagh, Hyderabad, the petitioner is the tenant and the respondent is the landlord.2. The facts in C.R.P. No. 1732/89 and 1798/89 are similar. I shall first refer to the facts in these two cases. The premises which are the subject-matter of these two petitions are non-residential premises. They were originally owned by one Raja Kanyaka Prasad. On his death his heirs divided the properties; consequently the premises which is the subject- matter of C.R.P. No. 1732/89 fell to the share of the respondent therein and the premises which is the subject-matter of C.R.P. No. 1798/89 fell to the share of the respondent in that C.R.P. Hereinafter the...
Best India Tobacco Company, Rep. by Tripuraneni Venkateswara Rao Vs. A ...
Court: Andhra Pradesh
Decided on: Jul-08-1993
Reported in: 1993(2)ALT603
ORDERM.N. Rao, J.1. In this Letters Patent Appeal, the only question that arises for consideration is whether the plaint schedule property is 'wakf property'.2. The appellant is the first defendant in the suit. The respondent herein -Andhra Pradesh Wakf Board - has instituted the suit, O.S.No. 232 of 1973 for recovery of possession of the plaint schedule property ad measuring Acs.3-00 in S.No. 26 comprised in patta dakhal No. 764 in Tadikonda village within the Panchayat area of Tadikonda on the averments that the same is wakf property endowed for the maintenance and up-keep of the Ashurkhana at Tadikonda and for performance of Moharram festival every year, that the Mutawallies are performing the Moharram festival annually and that the Muslim public at large is treating the same as wakf property. After the Wakf Act (Act 29 of 1954) came into force, the State Government appointed a Commissioner to survey the Wakf properties and the Wakf Board published a list of wakf properties in the A...
Rayipalli Paramesu and ors., Etc. Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Jul-06-1993
Reported in: 1993(2)ALT(Cri)374; 1994CriLJ931
G. Radhakrishna Rao, J.1. A-5 to A-8, A-11 and A-12 are the appellants in Criminal Appeal No. 658 of 1992 and A-1 to A-4 and A-9 and A-10 are the appellants in Criminal Appeal No. 747 of 1992. All the accused were tried by the Additional Sessions Judge, Vizianagaram, for offences punishable under sections 147, 148, 302 and 302 r./w. 149, I.P.C. and ultimately A-1, A-2 and A-3 were convicted for the offence under S. 148, I.P.C. and each of them was sentenced to undergo rigorous imprisonment for one year; A-4, A-5, A-6, A-7, A-8, A-9, A-10, A-11 and A-12 were convicted for the offence under S. 147, I.P.C. and each of them was sentenced to undergo rigorous imprisonment for six months; A-1, A-2 and A-3 were convicted for the offence under S. 302, I.P.C. and A-4, A-5, A-6, A-7, A-8, A-9, A-10, A-11 and A-12 were convicted for the offence under S. 302, r/w. 149, I.P.C. and A-1 to A-3 and A-4 to A-12 were sentenced to undergo imprisonment for life. All the sentences were directed to run concu...
M.N. Mohammad Mirza Alias Mirza Vs. B. Subhan Saheb
Court: Andhra Pradesh
Decided on: Jul-06-1993
Reported in: 1993(3)ALT634
ORDERM.N. Rao, J.1. This letters patent appeal is from the judgment of a learned single Judge in A.S.No. 1134 of 1987 dismissing the appeal preferred by the appellant-defendant No. 1 against the judgment and decree in O.S.No. 55 of 1981 on the file of the Court of the Subordinate Judge, Adoni, decreeing the suit of the respondent-plaintiff for specific performance of an agreement of sale (Ex.A-1) dt.28-4-1981 in respect of the house bearing No. 601 of Ward No. 18 in Adoni town. Defendants 2 to 11 in the suit are either sisters or legal representatives of the sisters of the first defendant, the owner of the suit house and the learned Counsel for the appellant rightly says that they are not necessary parties to this appeal.2. The appellant-defendant is the owner of the suit house. It is recited in Ex.A-1 that the sale consideration is Rs. 28,100/-, out of which, Rs. 5,000/- was taken towards advance by the appellant and the balance consideration should be paid by the respondent-plaintiff...
C. Ramakrishna and anr. Vs. Viswanadham Surya Prakasa Rao
Court: Andhra Pradesh
Decided on: Jul-05-1993
Reported in: [1994]93STC242(AP)
M. Ranga Reddy, J. 1. This is an application filed by the accused in C.C. No. 146 of 1992 on the file of the II Additional Metropolitan Magistrate, Vijayawada, under section 482, Code of Criminal Procedure, 1973, to quash the proceedings in C.C. No. 146 of 1992. 2. The facts giving rise to the filing of this petition are in brief as follows : The first petitioner is a Commercial Tax Officer, Vijayawada 2. The second petitioner is Deputy Commissioner, Commercial Tax Office. M/s. Associated Automotives Sales Private Ltd., Vijayawada, are assessees on the rolls of the Commercial Tax Officer, Vijayawada. The said business premises was inspected on December 27, 1991. While the inspection was in progress the second petitioner went to the business premises of the dealer and was there for some time. During the course of inspection certain material was discovered and on the basis of the said material the first petitioner made provisional assessment for the year 1991-92 through his proceedings d...
Managing Director, Sri Gopalakrishna Jute Mills Ltd. Vs. N. Satya Rao ...
Court: Andhra Pradesh
Decided on: Jul-05-1993
Reported in: 1993(2)ALT587; (1994)IILLJ158AP
ORDERJ. Eswara Prasad, J. 1. The first respondent raised an Industrial Dispute in I.D. No. 151 of 1991 before the Industrial Tribunal -cum-Labour Court, Visakbapatnam. The petitioner took the stand that the first respondent is nota workman within the meaning of the Industrial Disputes Act and that the proceedings are not maintainable and requested the Labour Court to try the question as to whether the first respondent is a workman within the meaning of the Act as a preliminary point. The Tribunal rejected the request of the petitioner holding that the question whether the first respondent is a workman or not is a mixed question of fact and law and the matter has to be decided after the entire evidence is recorded on all aspects of the matter.2. Aggrieved by the said order, the present writ petition is filed.3. The learned counsel for the petitioner Sri I. A. Naidu, strenuously contended that when the petitioner denied that the first respondent is a workman within the meaning of the Act...
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