Andhra Pradesh Court July 1993 Judgments

S.M. Mustafa Vs. H.M. Seshagiri Rao

Court: Andhra Pradesh

Reported in: 1993(3)ALT19

ORDERM.N. Rao, J.1. This revision petition is directed against the order of the learned Principal Dist. Munsif, Anantapur made in IA.No. 393/91 in OS.371/88 dismissing the application of the petitioner-plaintiff for amendment of the plaint. The suit was instituted on the foot of a promissory note said to have been executed by the defendant-respondent for a sum of Rs. 5,000/- with interest calculated at 30% per annum. In the plaint, it was averred in paragraph 3:'The above defendant on 13-5-85 (sic. 13-8-85) has borrowed a sum of Rs. 5,000/- in cash from the above plaintiff and executed the promissory note in favour of the plaintiff agreeing to repay the same with interest at 30% per annum.'After the issues were framed, the plaintiff was examined in chief and the suit pronote was marked as Ex.A-1. Thereafter, the defendant filed an application seeking amendment of the written statement so as to enable him to take the plea that the suit pronote was insufficiently stamped and that applica...

Alluri Kotaiah Vs. V. Kasiviswanadham and anr.

Court: Andhra Pradesh

Reported in: 1993(3)ALT145

S. Dasaratharama Reddy, J.1. The injured-claimant who is the appellant has filed this appeal against the order of the Motor Accidents Claims Tribunal, Guntur, seeking further compensation of Rs. 39,500/- in addition to Rs. 10,500/- awarded by the Tribunal., He claimed total compensation of Rs. 50,000/- comprising of Rs. 25,000/- towards loss of earning capacity; Rs. 15,000/- towards loss of future prospects; Rs. 2,500/- towards physical pain and suffering; Rs. 5,000/- towards loss of past earnings and Rs. 2,500/- towards medical expenses.2. The case of the appellant who was working as a cleaner in the lorry bearing No. A.T.S.3281 is that in the early hours of 25th June, 1988, he received injuries on his fore-head and his left leg was fractured due to the rash and negligent driving of the driver of the lorry in which he was travelling. He claimed a total compensation of Rs. 50,000/-. The owner of the lorry remained ex parte in the Tribunal, while the insurance company with which the lor...

irla Nagaiah and anr. Vs. Rajakamal Transport and anr.

Court: Andhra Pradesh

Reported in: I(1994)ACC556; 1993(3)ALT168

S. Dasaradharama Reddy, J.1. The parents of the deceased have filed this appeal against the award of Motor Accidents Claims Tribunal, Guntur to the extent of denying compensation of Rs. 1,04,529-71 ps.2. The case of the claimants is that their son Srinivasa Rao, aged 22 years unmarried, who was working in Jayalaxmi Oil and Chemical Industries Ltd., Dokiparru as makta coolie died on 27-12-1986 after being hospitalised for one month and 16 days from 11-1 l-86on which date the lorry bearing No. A.B.T.2931 belonging to the 1st respondent hit him. As the lorry was driven rashly and negligently by the driver of 1st respondent, they are entitled for a compensation of Rs. 1,29,529-71, ps. consisting of Rs. 50,000/- towards loss of dependency of both the appellants; Rs. 10,000/- towards mental suffering by the deceased and the appellants; and Rs. 69,529-71 ps. towards the amounts spent for medical treatment and other expenses. The 2nd respondent is the insurance company with which the lorry was...

Babburi Krishna Rao Vs. the Special Cadre Deputy Registrar of Co-opera ...

Court: Andhra Pradesh

Reported in: 1993(2)ALT529

Motilal B. Naik, J.1. The short question that falls for consideration is whether there is conflict between Rule 23-AAA of the A.P. Co-operative Societies Rules, 1964 and Bye-law No. 20 of the 2nd respondent-Society.2. For the purpose of better understanding the proposition Rule 23-AAA of the A.P. Co-operative Societies Rules, 1964 (for short 'the Rules') and Bye-law No. 20 of the 2nd respondent-Society are extracted hereunder.Rule 23 AAA 'Notwithstanding anything in the bye-laws of the society, any member or members of the committee including the resident may resign his seat by sending a letter of resignation by reigstered post or by tendering it in person to the Registrar and such resignation shall take affect from the date it is accepted by the Registrar.'Bye-Law 20, 'Term of Office of Managing Committee:- All the members of the Managing committee shall be elected as per the provisions of the A.P Co-operative Societies Act, 1964 and Rules thereunder for a period of 3 years. Any casua...

irla Nagaiah and anr. Vs. Rajkamal Transport and anr.

Court: Andhra Pradesh

Reported in: 1995ACJ872

S. Dasaradha Rama Reddy, J.1. The parents of the deceased have filed this appeal against the award of the Motor Accidents Claims Tribunal, Guntur, to the extent of denying compensation of Rs. 1,04,529.71.2. The case of the claimants is that their son, Srinivasa Rao, aged 22, unmarried, who was working in Jayalaxmi Oil and Chemical Industries Ltd., Dokiparru, as makta coolie, died on 27.12.1986 after being hospitalised for one month and 16 days from 11.11.1986 on which date the lorry bearing No. ABT 2931 belonging to the first respondent hit him. As the lorry was driven rashly and negligently by the driver of first respondent, they are entitled for a compensation of Rs. 1,29,529.71 consisting of Rs. 50,000/- towards loss of dependency of both the appellants, Rs. 10,000/- towards mental suffering by the deceased and the appellants; and Rs. 69,529.71 towards the amounts spent for medical treatment and other expenses. The second respondent is the insurance company with which the lorry was ...

R. Payani Vs. the State, Repr. by the Public Prosecutor

Court: Andhra Pradesh

Reported in: 1994(2)ALT(Cri)383; 1994CriLJ78

Radhakrishna Rao, J.1. This appeal is preferred against the conviction and sentence passed in Sessions Case No. 105 of 1992 on the file of the Sessions Court of Chittoor Division. 2. The appellant-sole accused was charge-sheeted under S. 302 of the Indian Penal Code for causing the death of one V. Kuppuswamy by intentionally driving the tractor over him when he along with his relatives raised obstruction when the accused was transporting sand in his tractor-cum-trailor through the fields of the deceased Kuppuswamy. 3. The brief facts of the case of the prosecution are :- The accused is a resident of Ganganapalle Harijanawada in Chittoor and is a tractor driver. He was driving the tractor bearing No. ABC 5041 and trailor No. ABC 5042 and was carrying the load of sand from the river bed, which is situated on the eastern side to Vaddarapalle and was transporting the said sand through the fields of V. Ramachandra Naidu (PW 1) and his younger brother V. Kuppuswamy (the deceased). Having lea...

Muffakham Jah and anr. Vs. Prince Mukarram Jah Bahadur and anr.

Court: Andhra Pradesh

Reported in: 1993(2)ALT396

ORDERMotilal B. Naik, J.1. This revision petition is directed against the order dated 10-7-1992 in O.P.No. 564 of 1992 on the file of the Chief Judge, City Civil Court, Hyderabad.2. Petitioners filed O.P.No. 564 of 1992 under Section 34 of the Indian Trusts Act, 1882 (hereinafter referred to as 'the Act') praying for appointment of a Court Commissioner to inspect the sacred relics mentioned in the schedules to the H.E.H. the Nizam's Sacred Relics Trust deed and the H.E.H. the Nizam's Supplemental Sacred Relics Trust deed including the accretions and additions thereto located in the building known as 'Bari Devadi, Khilwath Mubarak', Hyderabad and make an inventory thereof. A further direction was also sought to the trustees to strictly confine to the directions specified in Clause 6 of the H.E.H. the Nizam's Sacred Relics Trust and to restrain the employees of the 1st respondent from interfering with the duties of the trustees.3. The main greivance as made out by the petitioners before ...

Vanamala Subba Laxmi Vs. the Motor and General Finance Limited, Rep. b ...

Court: Andhra Pradesh

Reported in: 1993(2)ALT559

ORDERImmaneni Panduranga Rao, J.1. The relief prayed for in the petition for a writ of mandamus is mis-conceived, because the dispute between the parties is purely of a civil nature arising out of a hire-purchase agreement entered into between P. Kanaka Ratnam and respondents 1 and 2, of which the first respondent is the Head Office and the second respondent is the Branch Office at Vijayawada, in respect of lorry bearing No. A.P.37.T.6449. The petitioner is alleged to have purchased the said lorry under a sale letter dt.10-5-90 from Kanaka Ratnam. The learned counsel for the petitioner submitted that the vehicle met with an accident on 16-11-92, a panchanama was drafted on 19-11-92, a petty case No. 109/92 was registered against the driver and the offence was compounded.2. The petitioner filed this writ petition challenging the action of the respondents is taking the vehicle on 17-2-93 alleging that it was done so forcibly at the intervention of the Station House Officer, Bhavanipuram ...

G. Surapa Raju Vs. T. Mohana Rao and ors. Rep. by Manager T. Mohana Ra ...

Court: Andhra Pradesh

Reported in: 1993(2)ALT658

ORDERMotilal B. Naik, J.1. This revision petition is directed against the order dt.30-11-1991 in CMA No. 12/90 on the file of the Rent Control Appellate Authority, Bhimavaram reversing the finding in R.C.C.No. 4/87 dt.16-2-1990 on the file of the Rent Controller-cum-Principal District Munsif, Bhimavaram.2. Petitioner is the tenant and respondent is the landlord. The landlord filed R.C.C.No. 4/87 on three grounds viz. (1) bona fide requirement for his personal occupation, (2) acts of waste by the tenant and (3) wilful default in payment of rents by the tenant. The learned Rent Controller, after going through the oral and documentary evidence, found that the grounds sought for evicting the tenant were untenable and, therefore, dismissed the eviction petition. Aggrieved by the said order dated 16-2-1990 the landlord carried the matter by way of CMA No. 12/90. The lower appellate Court, while confirming the finding of the trial Court on two counts viz., bona fide requirement and acts of wa...

Divisional Engineer Operation, Apseb, Khammam and Others Vs. Kailasapu ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. This appeal is filed by opposite parties 1 to 4 in C.D. No. 256 of 1992. In the complaint, it was stated that the complainant and members of the family are residing in house number 2.12.82 and they are having a showroom in the ground floor and residing in the first floor. About a year back, when the Electricity Board people installed a transformer in front of his shop, according to the complainant, several requests were made not to install the transformer there as it will cause inconvenience to the ingress and egress of the inmates of the house. When there was heavy wind and rain (gale), the flames emanated from the transformer. Inspite of requesting the authorities number of times, they have not shifted the transformer. It was specifically mentioned that there was big storm on 23.5.1992 and on that day huge flames emanated from the transformer with big noise and the flames entered into the house of the complainant and his wife and the mother of the ...