Andhra Pradesh Court August 1993 Judgments
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Apsrtc Rep. by Its General Manager (Now Redesignated as Managing Direc ...
Court: Andhra Pradesh
Decided on: Aug-30-1993
Reported in: I(1994)ACC301; 1993(3)ALT154
B. Subhashan Reddy, J.1. This Civil Miscellaneous Appeal is filed by the Andhra Pradesh State Road Transport Corporation against the Award made by the Motor Vehicle Accidents Claims Tribunal, Adilabad dated 4-1-1990 in O.P.No. 133 of 1988 for the death of one Shaik Mahaboob, Driver of the jeep bearing No. AHY 2307 belonging to the 5th respondent herein. While the deceased was driving the said jeep on 30-4-1988 at about 8.15 p.m. on the road from Adilabad towards Nirmal at ghat road of Gudinathnur, it met with an accident with APSRTC bus bearing No. AAZ 7603 resulting in the death of the said Shaik Mahboob. In so far as the jeep is concerned, the insurance of the same is denied by the New India Assurance Company Limited - the 6th respondent herein, and there is no proof adduced in support of the plea that the said jeep was insured with the said insurer. As such, no liability can be fastened to the said insurer. In so far as APSRTC is concerned, no fault liability can be fastended. But t...
Andhra Pradesh State Road Trans. Corpn. Vs. Azizunnisa Begum and ors.
Court: Andhra Pradesh
Decided on: Aug-30-1993
Reported in: 1995ACJ40
B. Subhashan Reddy, J.1. This civil miscellaneous appeal is filed by the Andhra Pradesh State Road Transport Corporation against the award made by the Motor Accidents Claims Tribunal, Adilabad, dated 4.1.1990 in O.P. No. 133 of 1988 for the death of one Shaik Mahboob, driver of the jeep bearing No. AHY 230/ belonging to the 5th respondent herein. While the deceased was driving the said jeep on 30.4.1988 at about 8.15 p.m. on the road from Adilabad towards Nirmal at Ghat Road of Gudinathnur, it met with an accident with A.P.S.R.T.C. bus bearing No. AAZ 7603 resulting in the death of the said Shaik Mahboob. In so far as the jeep is concerned, the insurance of the same is denied by the New India Assurance Co. Ltd., the 6th respondent herein, and there is no proof adduced in support of the plea that the said jeep was insured with the said insurer. As such, no liability can be fastened to the said insurer. In so far-as the A.P.S.R.T.C. is concerned, no fault liability can be fastened. But t...
Chintalapudi Sathiraju Vs. Chintalapudi Lakshmi
Court: Andhra Pradesh
Decided on: Aug-27-1993
Reported in: II(1993)DMC422
G.V. Linarasimha Rao, J.1. The husband, whose petition filed under Section 12(1)(c) of the Hindu Marriage Act (hereinafter referred to as 'the Act') for declaration that his marriage with the respondent is vitiated by fraud and misrepresentation and consequentially for annulling the marriage by granting a decree of nullity was dismissed by the learned I Additional Subordinate Judge, Kakinada, has preferred this appeal.2. Admittedly, the marriage between the appellant herein and the respondent took place on 18-12-1988 as per the Hindu rites and caste custom, the respondent-wife joined the appellant on 8-2-1989, and both of them lived together as husband and wife at Kakinada till 10-6-1989. The contention of the appellant is that when his father accompanied by Maddimsetti Satyanarayana, Chintalapudi Nagaraju, Kasireddi Suryanarayana and his wife, Suryalakshmi, went to the house of the bride in November, 1988, the bride's party misrepresented to the bridegroom's party that the respondent ...
Kolluru Sambasiva Rao Vs. Kolluru Nagabhushanam Alias Nageswara Rao an ...
Court: Andhra Pradesh
Decided on: Aug-27-1993
Reported in: 1993(3)ALT256
B. Subhashan Reddy, J.1. These four appeals, three regular and one miscellaneous, arise out of three suits and one original petition. While A.S.Nos. 1499 of 1985, 1569 of 1985 and Tr.A.S.No. 299 of 1986 arise out of civil proceedings in O.S.Nos. 123 of 1977, 62 of 1976 and 3 of 1981 on the file of the Court of the Additional Subordinate Judge, Guntur, C.M.A.No. 832 of 1984 arises out of divorce O.P.No. 160 of 1976. The above three suits and O.P.No. 80 of 1982, which was filed for the custody of minor boy, were tried together and were disposed of by a common judgment dated 24th December, 1984 by the Court of the Additional Subordinate Judge, Guntur. While appeals have been preferred as against the judgments and decrees rendered in O.S.No. 123 of 1977, 62 of 1977 and 3 of 1981, no appeal has been preferred against the judgment rendered in O.P.No. 80 of 1982 relating to the custody of the minor child Kolluru Nagabhushanam who was allowed to remain with his mother. O.P.No. 160 of 1976 inst...
M/S. Milap Carriers, Transport Contrs. and Commissions-agents Vs. Nati ...
Court: Andhra Pradesh
Decided on: Aug-26-1993
Reported in: II(1994)ACC7; 1995ACJ745; AIR1994AP24; 1993(3)ALT647
1. This is an appeal by the defendant against the judgment and decree in O.S. No. 401 of 1981 on the file of the V Additional Judge, City Civil Court, Hyderabad. The suit filed by the first plaintiff, National Insurance Company Ltd., was decreed as prayed for Aggrieved by the same, the defendant, the Transport Company, which acted as a common carrier, has come forward with this appeal.2. The second plaintiff booked a consignment of biscuit tins to M/ s Roy Brothers at Burdwan, West Bengal. The defendant, a common carrier, undertook to transport the consignment. The defendant issued Ex.A.3 lorry receipt on 25-9-1978 and sent the goods by Lorry B.H.N. 6889. The lorry receipt is signed both by the consignor as well as the representative of the defendant. The lorry receipt indicates that the goods were being carried at owner's risk and there was also a rubber stamp to indicate 'not responsible for leakage and breakage'. The consignment did not reach the destination. It was not delivered to...
Addepalli Settibabu Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Aug-26-1993
Reported in: 1994CriLJ1420
ORDER1. This revision case is filed against the judgment of the learned II Additional Sessions Judge, East Godavari at Rajahmundry in Criminal Appeal No. 292 of 1991, modifying the Judgment of the learned Assitance Sessions Judge, Ramachandrapuram in Sessions Case No. 331 of 1990. 2. The case of the prosecution is that the accused was working as 'Saruku Master' in a hotel by name 'Sri Kanya Hotel' at Mandapeta. He was unmarried. One Gubbala Manga-PW 1 joined in the said hotel alongwith Gubbala Durga-PW 4 as cleaner. The accused, who was already working by then in the said hotel, developed intimacy with PW 1 and he used to give lift to her on his cycle from the hotel to her house now and then. PW 2, the mother of PW 1 also knew it. The accused promised PW 1 to marry her. Two or three days later, the accused took her to the rear side of the hotel at about 9.00 p.m. and taking advantage of the absence of anybody in the hotel by that time, the accused had sexual intercourse with PW 1. When...
Public Prosecutor, High Court of Andhra Pradesh Vs. Godise Devaiah
Court: Andhra Pradesh
Decided on: Aug-25-1993
Reported in: 1994CriLJ349
1. This appeal is preferred against the Judgment of the learned Assistant Sessions Judge. Jagitial in Sessions Case No. 258 of 1989. 2. The facts of the prosecution case are :- On 26-12-1998 at about 10.00 a.m., the victim along with three others went to the fields for collecting pods. But as she had forgotten to bring a basket along with her, she was returning towards her house. On the way, the accused, who was coming on a cycle, saw the complainant, caught held of her hands and lifted her up to some distance into the area where there were bushes. There he laid the victim girl down, gagged her mouth and committed rape on her by over-powering her. It is further alleged that since the complainant was an young girl, she could not resist the accused. After committing rape, the accused went away leaving her alone. The complainant came to her house and reported the matter to her mother, who gave report to the police. The police, after completion of their investigation, laid charge sheet aga...
M/S. Kothapalli Sreeramulu and Co. and Others Vs. the Krishna Gur and ...
Court: Andhra Pradesh
Decided on: Aug-24-1993
Reported in: AIR1994AP206
1. This appeal is filed by the defendant against the Judgment and decree dated 22nd March, 1982 in O. S. No. 61 of 1979 on the file of the Subordinate Judge, Eluru. The suit filed by the plaintiff for recovery of a sum of Rs. 2,01,293/- with subseqeunt interest was decreed as prayed for. Aggrieved by the same, the defendants have filed the appeal.2. The cross-objections are filed by the plaintiff regarding the interest which was disallowed partly. In the cross-objections, it is claimed that the future interest should have been granted at 18% per annum, which is the agreed rate, and the court is not justified in granting 6% per annum interest. It is also claimed that the future interest should have been allowed on the amount of Rs. 2,01,293 /- and not merely on Rs. 1,66,000/-. The pleadings have been set out very elaborately in paragraphs 1 to 10 of the trial court judgment. It would be sufficient, for purposes of this appeal, if the substance of the pleadings is given in a nutshell.3. ...
Vuchuru Venkata Subba Reddy and anr. Vs. the Court of the District Mun ...
Court: Andhra Pradesh
Decided on: Aug-24-1993
Reported in: 1993(3)ALT156
ORDERD. Reddeppa Reddi, J.1. Writ Petition 16165 of 1992 is directed against the order dated 10-11-1992 in I.A.No. 261 of 1992 in O.P. 3 of 1992 on the file of the Court of the District Munsif, Kota, Nellore District. Writ Petition 16124 of 1992 is directed against the order dated 10-11-1992 in I.A.No. 260 of 1992 in O.P. 2 of 1992 on the file of the same Court.2. In both the cases the facts are similar and the question of law involved is common. Therefore, I propose to dispose them of by a common order.3. The matter, arising under the Andhra Pradesh Co-operative Societies Act, 1964 (for short 'the Act'), relates to election of the President and the Vice-President of the Managing Committee of Kurugonda Primary Agricultural Co-operative Credit Society, Kurugonda, Ogili Mandal, Nellore District (for short 'the Society'). There are eleven constituencies in the Society. Election to elect members to the Managing Committee of the Society was held on 21-1-1992. The petitioner in Writ Petition...
Nilagiri Ice Factory Vs. District Industries Centre and ors.
Court: Andhra Pradesh
Decided on: Aug-23-1993
Reported in: [1995]97STC584(AP)
Sivaraman Nair, J. 1. Petitioner assails the order of the first respondent dated February 20, 1992 cancelling the Certificate of Registration No. 2699 dated September 27, 1991 issued under the Liberalised State Incentive Scheme, 1989 and the consequent temporary eligibility certificate No. 5295/A6/91 dated October 30, 1991 enabling the petitioner to claim sales tax exemption issued under G.O.Ms. No. 498 Industries and Commerce (IA) Department, dated October 16, 1989. 2. Petitioner applied to the A.P. State Financial Corporation on September 23, 1989 for project finance. The Corporation sanctioned loan in his favour by order dated November 18, 1989. On September 11, 1989 petitioner availed of the first advance for purchase of machinery. Construction of the factory commenced thereafter, and the machinery was installed still later. Commercial production commenced on April 2, 1990. On June 20, 1990 petitioner filed a formal application for incentives in accordance with G.O.Ms. No. 498 date...
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