Andhra Pradesh Court April 1994 Judgments
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Employees' State Insurance Corporation Vs. Raj Kamal Transport and Anr ...
Court: Andhra Pradesh
Decided on: Apr-29-1994
Reported in: 1994(2)ALT515; (1995)ILLJ94AP
1. This appeal is filed against the order of the Employees Insurance Court, Hyderabad, dated 10-10-1988 in E. I. Case No. 34 of 1986. The 1st respondent filed that petition under Section 75 of the Employees' State Insurance Act for a declaration that the independent contractors who transport the goods of the petitioner are not employees as defined under Section 2(9) of the E. S. I. Act and therefore, the petitioner is not liable to pay contribution in respect of them and to set aside the ad hoc assessment made by the Corporation on 6-12-1985. M/s. Rajkamal Transport, which is the petitioner in the lower Court is a transport Organisation engaged in transport of goods. For the purpose it owns some trucks and for driving the trucks it engages drivers. The case of the petitioner is that they have entered into contracts with various drivers, according to which the petitioner would engage drivers for each particular trip and the remunerations are paid to them for that trip and so they are in...
Archana Desaradhi Vs. V. Sivakumar
Court: Andhra Pradesh
Decided on: Apr-29-1994
Reported in: 1994(3)ALT450; I(1995)DMC142
P.L.N. Sarma, J.1. This appeal has been filed by the mother challenging the order of the Additional Chief Judge-cum-Principal Special Judge for SPE & ACB cases, Hyderabad, allowing the application filed by the father under Section 25 of the Guardian and Wards Act read with Section 6 of the Hindu Minority and guardianship Act for the custody of the minor, Master Manasa Rama.2. For convenience take the parties would be referred to as the father and mother in this judgment. The father, respondent herein, filed an application for the custody of the minor. Manasa Rama, aged about 4 years at the time of filing of the application (now about 6 years) alleging that the father and the mother of the ward were married on 2-10-1987 according to Hindu rites and custom and the ward was born on 10-7-1988. However, due to certain differences between them, an application under Section 13-B of the Hindu Marriage Act was filed by both of them seeking dissolution of the marriage by a decree of divorce by m...
National Sugar Industry and anr. Vs. Narala Venkaiah (Died) Per L.R.
Court: Andhra Pradesh
Decided on: Apr-29-1994
Reported in: 1994(3)ALT276
B.K. Somasekhara, J.1. The appeal is against the judgment and decree passed by the learned District Judge, Adilabad in O.S.No. 24/72 dated 12-10-1981. The learned District Judge decreed the suit for recovery of a sum of Rs. 40,000.00 together with costs and interest at 6% per annum from the date of the suit till the date of realisation. The appellants are the defendants. The plaintiff is dead and his legal representative is prosecuting the proceedings. As a convenient course, the parties will be referred to as the plaintiff and defendants in the status they occupy in the suit.2. The facts and controversies may be recorded in brief: The plaintiff as A proprietor of M/s Maruthi Khandasari Sugar Factory, Nirmal, Adilabad district wanted to establish a Khandasari Sugar Factory at Manchiryal under the said name and style. The defendants are the counterparts of the two units of the firm - National Sugar Industries at Madras and Meerut city, Uttar Pradesh. The plaintiff wanted the machinery f...
Indian Barytes and Chemicals Ltd. Vs. A.P. Mineral Development Corpora ...
Court: Andhra Pradesh
Decided on: Apr-29-1994
Reported in: 1994(2)ALT132
Syed Shah Mohammed Quadri, J.1. These two writ appeals arise out of the judgment of our learned brother Mr. T.N.C. Rangarajan, J. dated March 23, 1994 in W.P.No. 15441 of 1993. The second respondent in the Writ Petition is the appellant in W.A.No.343/94 and the first respondent is the appellant in W.A.No.388/94. As they arise out of the same facts, they are heard together and are being disposed of by this common judgment. Hereinafter the parses will be referred to as they are arrayed in the Writ Petition.2. The first respondent is a State owned Corporation. It is engaged in the activity of extracting and selling the minerals including Barytes Ore which is a major mineral and is included in Schedule-I to the Mines and Minerals (Regulation and Development) Act, 1951 (for short 'the Act')- The first respondent issued notification bearing tender No. M-S-II/92 -93 inviting tenders which was published in the daily newspaper on August 17, 1993, for sale of 3,00,000 of Barytes Ore per annum lo...
Veluri Padmavathi Vs. Manem Ravindranath Benerjee and ors.
Court: Andhra Pradesh
Decided on: Apr-29-1994
Reported in: 1994(2)ALT424
ORDERS. Dasaradharama Reddy, J.1. The appellant, who is an employee in Life Insurance Corporation of India, while going to office on a Luna Moped driven by her brother suffered multiple injuries (11) in an accident that occurred on 2-5-1989 at Visakhapatnam due to rash and negligent driving of jeep bearing registration No. 9929 owned by 2nd respondent and insured with the 3rd respondent. She filed O.P. in Motor Accidents Claims Tribunal, Visakhapatnam (for short 'the Tribunal') claiming compensation of Rs. 3,12,000/- under the following heads:Rs. 38,000/- towards loss of past earningsRs. 500/- towards transport to hospitalRs. 11,500/- towards damages to clothing and articlesRs. 2,000/- towards pain and sufferingRs. 10,000/- towards permanent disability andRs. 2,50,000/- towards loss of future earnings.Later the claim was restricted to Rs. 3,00,000/-. The owner and driver remained ex parte while the Insurance Company contested the petition. The Insurance Company opposed the petition con...
Vanimisatti Anil Kumar and Others Vs. Jayavarapu Krishna Murty and Oth ...
Court: Andhra Pradesh
Decided on: Apr-28-1994
Reported in: AIR1995AP105
1. Defendants 2 and 4 to 6 in Original Suit No. 65 of 1984, on the file of the Subordinate Judge's Court, Kovvur, West Godavari, are the appellants in this appeal. Respondents 1 and 2 herein are the plaintiffs in that suit. That suit was filed by the plaintiffs for (a) specific performance of the suit agreement of sale dated 31-8-1981, executed by the 1st defendant for himself and on behalf of the minor-2nd defendant in favour of plaintiffs 1 and 2 for Rs. l,02,900/- agreeing to sell the house property with site bearing Door No. 53, in the Temple Street, in 10th Ward of Jangareddigudem, Polavaram Taluk, West Godavari District; (b) for recovery of a sum of Rs. 10,000/- towards damages for the diala-tary tactics adopted by the defendant in completing the sale transaction in time; (c) alternatively for a decree for refund of Rs. 78,900/-; (d) for .a further sum of Rs. 1,00,000/- as damages for breach of con-tract and also for a declaration that the 3rd defendant, who is a subsequent-purch...
O.P. Jalan and anr. Vs. Deccan Enterprises Pvt. Ltd. and anr.
Court: Andhra Pradesh
Decided on: Apr-28-1994
Reported in: 1994(2)ALT146; [2000]100CompCas193(AP)
P. Ramakrishnam Raju, J.1. This company application is filed under section 151 of the Civil Procedure Code, 1908, read with rule 9 of the Companies (Court) Rules, 1959, and under section 403 of the Companies Act, 1956, to discharge the interim administrator and assistant administrators and to restore the board of directors of Deccan Enterprises Pvt. Ltd., hereinafter called 'DEPL' as it existed on November 23, 1989, and for other reliefs. 2. This case has a chequered career and an unending story. To appreciate the rival contentions, a brief history of the case is necessary. 3. Company Petition No. 27 of 1987 was filed by Mr. R. Khemka, his wife and son-referred to as the Khemka group. The main contestants of the said petition are O. P. Jalan - the third respondent who is the managing director of the company and respondents Nos. 4 to 6 who are his wife and sons. The ninth respondent - R. N. Jalan, the brother of the third respondent is sailing with the applicants. The parties will be re...
State Bank of Hyderabad, Gunfoundry, Hyderabad Rep by Its Chief Genera ...
Court: Andhra Pradesh
Decided on: Apr-28-1994
Reported in: 1994(2)ALT399
ORDERSyed Shah Mohammed Quadri, J.1. The short question that falls for our consideration in this appeal is : Can the High Court examine the question of proportionality of the punishment and if it finds the punishment awarded by appointing authority is excessive, Substitute a lesser punishment, in exercise of its jurisdiction under Article 226 of the Constitution of India? 2. It will be useful to refer to the relevant facts which gave rise to this writ Appeal. The respondent was an employee of the State Bank of Hyderabad (for short SBH). While he was working as Grade-1-Officer in Sangareddy Branch of the SBH, he was alleged to have indulged in certain irregularities amounting to misconduct, which led to initiation of disciplinary proceedings against him. As many as five charges were framed against him and they were found to be proved. After complying with the principles of natural justice and giving notice with regard to the quantum of punishment, the second appellant herein passed the ...
Dr. P.R. Naidu Vs. Mrs. K.C. Rajan Raju
Court: Andhra Pradesh
Decided on: Apr-28-1994
Reported in: 1994(3)ALT264
N.D. Patnaik, J.1. This Appeal is filed by the defendant in O.S. No. 121 of 1985 in the Court of the II Additional Subordinate Judge, Visakhapatnam. The respondent, who is the owner of the house situate at Visakhapatnam and which is let out to the defendant, filed the suit for eviction and for recovery of past profits.2. The Plaintiff's case is that the defendant had taken the house on lease from 1-12-1981 for a period of 11 months renewable periodically upto 3 years and so the tenancy came to an end by efflux of time on 30-11-1984.3. The defendant contends that the tenancy is for a period of 5 years renewable by 2 more years. He further contends that since there is tenancy holding over, there should be a valid notice under Section 106 of the Transfer of Property Act and as there is no such notice the suit must fail on that ground.4. The lower Court held that the tenancy was determined by efflux of time and so there is no need to give a notice under Section 106 of the Transfer of Prope...
Bhavirisetty Rama Prasad Vs. Punyakoti Govindaswamy and Another
Court: Andhra Pradesh
Decided on: Apr-25-1994
Reported in: 1995ACJ1091; AIR1995AP61; 1994(2)ALT325
1. The appellant who was travelling on the pillion of a scooter was injured in an accident on 14-9-1986 at 10.30a.m. on Guntur-Ponnur Road as a result of hitting by a lorry bearing No. ADC 4599 from the back causing injuries to his collar bone, ribs and his knee cup had to be removed. He filed a claim petition before the Motor Vehicles Accidents Claims Tribunal, Guntur, seeking damages of Rs. 51,000/- as follows: Rs. 10,000/- towards cost of medical expensesRs. 10,000/- towards pain and sufferingRs. 6,000/- towards temporary total disability for six months with loss of incomeRs. 25,000/- towards permanent disability to left femur and knee joint with loss of amenities of life.2. The owner of the vehicle remained ex parte in the Tribunal while the Insurance Company which insured the lorry opposed the claim contending that there was no negligence on the part of the driver and also disputing the amount claimed as excessive. The Tribunal found that the accident occurred due to rash and negl...
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