Andhra Pradesh Court September 1994 Judgments
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United India Insurance Company Ltd. Vs. Shaik AlimuddIn and anr.
Court: Andhra Pradesh
Decided on: Sep-22-1994
Reported in: 1994(3)ALT321; 1994(3)ALT321; [1995(70)FLR631]; (1995)ILLJ488AP
N.D. Patnaik, J.1. This appeal is filed against the order of the Commissioner for Workmen's Compensation, Hyderabad dated 31-7-1992 in W.C. No. 60/91. That application was filed by the 1st respondent herein claiming compensation for the death of his son Saleem Aleem Shaik, Cleaner of a lorry No. ABT 5301, together with penalty and interest, That was filed against Sri Shaik Mahmood, the owner of the lorry, who is the 2nd respondent in this appeal and the United India Insurance Co. Ltd., who is the appellant. The learned Commissioner for Workmen's Compensation, passed the order awarding compensation of Rs. 73,132.80 paise together with penalty of 50% and interest at 6% and costs. Aggrieved by that the appellant who is the 2nd respondent before the Commissioner for Workmen's Compensation field this appeal contending that the Commissioner has no territorial jurisdiction to entertain the application and to pass the order, since the accident took place at Bombay. 2. Before considering the co...
Osmangunj Extension Co-operative Society Limited, Rep. by Its Secretar ...
Court: Andhra Pradesh
Decided on: Sep-22-1994
Reported in: 1994(1)ALT5
N.D. Patnaik, J.1. This Second Appeal is filed by the plaintiff in O.S. No. 2962 of 1977 in the Court of the IV Assistant Judge, City Civil Court, Hyderabad. The plaintiff (appellant) is the Osmangunj Extension Co-operative Society limited, which was formed for the purpose of construction of Shops and Godowns for its members in order to extend the existing Osmangunj market complex. It is alleged that as per the scheme of the Society unless all the constructions are completed no permanent allotment of Shops and Godowns is to be made to any share-holder of the Society. However, since the constructions could not be completed as per the scheme, it was decided by the plaintiff-society to let some shops to its members temporarily on rental basis for the time being, pending re-allotment on final and permanent basis, after completion of the entire construction. On 30-7-1976 one Sri Hiralal Kapadia, who was originally one of the members of the Society was allotted two shops, bearing Nos. 7 and ...
Botchina Tavitayya Vs. Adapalli Venkatapathi Raju and ors.
Court: Andhra Pradesh
Decided on: Sep-21-1994
Reported in: 1995(1)ALT158
Motilal B. Naik, J.1. The appellant is the claimant in MAOP No. 94 of 1988 on the file of the Motor Accidents Claims Tribunal, Srikakulam. His case is that he is a resident of Karlam village, Cheepurupalli Mandal, Vizianagaram District. On 21-9-1987, he was returning from the sea after conducting fishing operations in order to go to his village. A lorry, bearing No. APH 6975, driven by the first respondent, in a rash and negligent manner, came at a high speed without blowing the horn and dashed against the petitioner at the Coast Junction near Ranastalam Police Station around 2-30 P.M. Due to the said accident, he lost both his legs. He was taken to the Government Headquarters Hospital, Srikakulam, for treatment and amputation of his legs. He claimed a total compensation 6t rupees two lakhs under various heads, namely, (1) transportation to the hospital and medicines: Rs. 10,000/-; (2) Compensation for pain and suffering: Rs. 10,000/-; (3) Compensation for disfigurement: Rs. 5,000/-; (...
Hardhayandas and anr. Vs. Hifazat HussaIn (Died) Per L.R. Aizaz Hussai ...
Court: Andhra Pradesh
Decided on: Sep-21-1994
Reported in: 1994(3)ALT550
ORDERS.V. Maruthi, J.1. These two civil revision petitions arise out of a rent control petition filed by the landlord for eviction of the tenant. C.R.P.No. 3782 of 1991 is filed against the judgment of the Chief Judge, City Small Causes Court at Hyderabad in Rent Appeal No. 508 of 1987 which was filed against R.CNo. 95 of 1980. The landlords are the petitioners in the civil revision petition.2. Civil Revision Petition No. 4005 of 1991 arises out of an order in LA. No. 912 of 1990 in Rent Appeal No. 508 of 1987.1. A.No. 912 of 1990 was filed for adducing additional evidence, which was dismissed by the Chief Judge, City Small Causes Court, Hyderabad against which C.R.P.No. 4005 of 1991 was filed.3. Both the civil revision petitions are disposed of by a common order. Tine facts, in brief, are as follows:The petitioners are the landlords of the premises bearing Municipal No. 5-3-1064, Nizamshahi Road, Hyderabad. The building was a three storeyed building consisting of ground floor, first f...
Mohammed Dilawar Shariff Vs. Union of India (Uoi), Rep. by Its Secreta ...
Court: Andhra Pradesh
Decided on: Sep-20-1994
Reported in: 1994(3)ALT225
ORDERS. Parvatha Rao, J.1. The petitioner cannot approach this Court straight away for a direction to the Passport authorities to correct the date of birth. It is for the authorities concerned to consider the correction of the date of birth on a proper application made to the authorities concerned under the relevant rules and on the basis of the material furnished supporting the claim of the petitioner. The petitioner does not dispute that the original date of birth entered in the passport i.e, 165-1961, was on the basis of his own statement as regards his date of birth. It is not as if the said passport was issued long long back. It was issued on 19-4-1994 only. The petitioner states that subsequently he made an application to the Municipal authorities and obtained the certificate of birth, dated 1-7-1994, according to which his date of birth is 15-5-1959. No explanation is given as to why he did not do that earlier to the making of the application for the passport.2. The learned Coun...
Vislavath Thavirya Vs. the Excise Superintendent and ors.
Court: Andhra Pradesh
Decided on: Sep-20-1994
Reported in: 1994(3)ALT120
ORDERS. Parvatha Rao, J.1. The petitioner has come to this Court invoking Article 226 of the Constitution of India without any real cause. He states that he is the owner of the premises, having purchased the same under registered sale deed, dated 15-4-1985, in which the third respondent is running a FL - 24 liquor shop. He does not seem to have objected to the running of the liquor shop by the third respondent till recently. He states that he made a representation, dt.26-8-1994; to the Excise Superintendent, Ranga Reddy District - first respondent herein requesting him not to grant or renew FL - 24 licence in the name of the third respondent in his premises for the excise year 1994-95. He states that he has been consistently going round the excise office since then to get his request considered and then he adds that he learnt that his request would be considered only if there was a direction from this Court to consider the said request.2. I am afraid that cannot be the basis for approa...
Public Prosecutor, High Court of Andhra Pradesh Vs. Narsu Bai
Court: Andhra Pradesh
Decided on: Sep-19-1994
Reported in: 1995(1)ALT(Cri)88; I(1995)DMC117
1. Criminal Appeal No. 774 of 1991 has been filed by the State through the learned Public Prosecutor being aggrieved by the order of acquittal of A-2, recorded by the learned Assistant Sessions Judge, Gadwal of Mahaboobnagar District in SC No. 71 of 1989 on his file. In the very same case, A-1 was convicted for an offence punishable under section 304B of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for 7 years. Being aggrieved by the said conviction and sentence recorded against A-1, A-1 filed Criminal Appeal No. 4 of 1990 on the file of the Sessions Judge, Mahaboobnagar. 2. On filing of the appeal against the order of acquittal by the State in this court, the appeal, viz., Crl.A. No. 4 of 1990 filed by A-1 in the court of the Sessions Judge, Mahaboobnager, was got transferred to this court for being heard along with Criminal Appeal No. 774 of 1991. After transfer of Crl.A. No. 4 of 1990 to this court, it was renumbered as Tr. Criminal appeal no. 863 of 1992....
Nazeer Saheb and anr. Vs. the State of Andhra Pradesh, Rep. by Its Sec ...
Court: Andhra Pradesh
Decided on: Sep-19-1994
Reported in: 1994(3)ALT131
Motilal B. Naik, J.1. Petitioners seek a Writ of Mandamus directing the Respondents 1 to 4 foi payment of compensation of Rupees one Lakh on account of the death of their son Basheer Ahmed in police custody and further seek a direction to the respondents 1 to 3 to take appropriate action including that of prosecuting the fourth respondent and other Police Constables responsible for the death of Basheer Ahmed while he was in the custody of the I Town Police Station, Madanapalle.2. These two petitioners who are the father and mother of the deceased Basheer Ahmed have moved this Court invoking extraordinary jurisdiction of this Court under Article 226 of the Constitution of India seeking the relief as cited supra on the ground that their son Basheer Ahmed died in the custody of I Town Police Station, Madanapalle on account of torture by the Police personnel while he was in illegal detention in I Town Police Station, Madanapalle from 23-8-1991 to 24-8-1991. According to the petitioners, th...
T. Bathaiah Vs. the State
Court: Andhra Pradesh
Decided on: Sep-16-1994
Reported in: 1994(2)ALT(Cri)563; 1995CriLJ1665
1. The accused-appellant herein was prosecuted for an offence punishable under S. 7 of the Prevention of Corruption Act, 1988. The second charge against the accused-appellant for an offence punishable u/S. 13(1)(d) and S. 13(2) of the said Act. The accused-appellant was tried in C.C. No. 40 of 1992 in the Court of the Principal Special Judge for SPE and ACB Cases, Hyderabad. On evidence, the learned Special Judge came to the conclusion that the prosecution was able to establish the charges against the accused-appellant and therefore proceeded to convict him and sentence him to suffer imprisonment for 1 1/2 years and to pay fine of Rs. 200/- in default to suffer S.I. for 20 days for the offence punishable under S. 7 of the Prevention of Corruption Act, 1988. The accused-appellant was further convicted for an offence punishable under S. 13(1)(d) read with 13(2) of the said Act and was sentenced to suffer R.I. for 1 1/2 years and to pay fine of Rs. 200/- in default to suffer S.I. for 20 d...
Mary Sai Kumari Vs. Regional Manager and Disciplinary Authority, Regio ...
Court: Andhra Pradesh
Decided on: Sep-15-1994
Reported in: 1994(3)ALT350; (1995)ILLJ539AP
ORDERB. Subhashan Reddy, J.1. Can a better qualification be a disqualification? It should not be and that is the universal approach. But, in out country, in some cases better qualification is a handicap and the instant case is a glaring example of the same. 2. The petitioner is a scheduled caste woman whose economical condition was very poor and whose parents could not afford to educate her any further beyond 10th Class (SSC). She had failed in 10th Class (SSC) examination held in the year 1975. Poor economic condition forced her to remain in that stage and obviously, she could not seek employment at that age and that too with that qualification of SSC fail. Hoping to get at-least a Sweeper or an Attender's post, she registered her name with employment exchange during the year 1978 bearing Registration No. 928/78. But, even after waiting for four years, she did not get a call. During October 1982, she again appeared SSC examination with a fond hope of getting some employment, if she pa...
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