Andhra Pradesh Court January 1996 Judgments
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Badnayina Bheemanna Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Jan-25-1996
Reported in: 1996(1)ALD(Cri)678; 1996(2)ALD(Cri)74; 1996(2)ALT(Cri)18; 1996CriLJ3095
1. This is a case of murder by none other than the full blood brother of the deceased. This Appeal arises from the judgment of the learned Sessions Judge, Visakhapatnam in Sessions Case No.47 of 1994 dated 22-9-1994 convicting the appellant under section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life. 2. The case of the prosecution in brief is that the appellant is eldest among four brother; P.W. 4, B. Chinnayya, the deceased Bodanna and Saddu being other brothers. They have partitioned their joint family property except the jack fruit orchard and tamarind garden. The appellant was enjoying the usufruct of the above garden by denying the share of the other brothers. In that connection, panchayat was held in the presence of P.W. 1, A.Ramakrishnarao and some others. The appellant was not willing to give share to the other brothers inspite of the verdict given by the panchayatdars. While so, on 18-8-1993 at about 6 p.m., there was an altercation between th...
Tammana Suryanarayana Vs. Parachuri Chiranjeevi and ors.
Court: Andhra Pradesh
Decided on: Jan-25-1996
Reported in: 1996(2)ALT4
ORDERK.B. Siddappa, J.1. The petitioner-plaintiff had filed a suit (O.S. No. 574 of 1990) on the file of the I Additional District Munsif, Rajahmundry. He has also filed I.A.No. 890 of 1990 for attachment of the immovable properties belonging to the respondents, shown as Item No. l in the schedule attached to the petition. During the course of arguments, the respondents filed counters stating that they would not alienate the petition schedule properties till the disposal of the suit. The undertakings given by them were recorded by the Court in the following terms:-'Heard the counsel for the respondent. It is represented that he deposited Rs. 3,771 /- into the Court and he has undertaken that he will not alienate the schedule property till the disposal of the suit. The amount of Rs. 3,771 /- shall be invested in the Bank. Petition is closed'.2. Now the petitioner alleges that contrary to the undertaking, the respondent alienated three shop rooms out of 5 rooms, to 3rd parties. Therefore...
Khader Nawaz Khan Vs. Habib Khatoon and ors.
Court: Andhra Pradesh
Decided on: Jan-25-1996
Reported in: 1996(2)ALT336
ORDERS.V. Maruthi, J.1. This appeal arises out of a Judgment in suit O.S.No. 471 of 1987. The plaintiff is the appellant. The suit was filed for partition and allotment of 1/4th share in Survey No. 210/6, 7, 8 and new Survey Nos. 41 to 43, and measuring Ac.49-24 gts. situated at Kokapet village. The facts in brief as stated in the plaint are as follows:2. The original owner and pattadar of survey Nos. 41 to 43 situated at Kokapet village was Qamaruddin Ali Khan. These lands were agricultural lands. One Khader Hussain Khan purchased the property covered by the said survey numbers from Qamaruddin Ali Khan. The said Khader Hussain Khan cultivated the land and enjoyed the same as absolute owner. He died in 1352 Fasli. He left behind him his real sister, Shahzadi Bee and two step brothers, Feroz Khan and Khadar Nawaz Khan. After the death of Khader Hussain Khan, Shahzadi Bee., Feroz Khan and Khadar Nawaz Khan were in joint possession of the property as the heirs of Khader Hussain Khan. Suce...
B. Balaraj Vs. the Management of Federal Sports, Rep. by Its Assistant ...
Court: Andhra Pradesh
Decided on: Jan-24-1996
Reported in: 1996(3)ALT40
Lingaraja Rath, J.1. Modification of the award of the Labour Court, Hyderabad, which had directed reinstatement of the appellant-workman with 50% of the backwages, by the judgment of the learned single Judge to deny the back wages, has made the appellant to prefer this appeal. In the domestic enquiry, the appellant was found guilty of the charge of having abused and assaulted a co-workman as he refused to part with contribution to the union of which the appellant was the Secretary, and the punishment of dismissal was imposed. The matter being raised by way of reference before the Labour Court, it held, while finding the enquiry to have been properly held, the punishment of dismissal to be grossly disproportionate and directed his reinstatement with 50% of the backwages. The matter being assailed before this Court in W.P.No. 16556 of 1987 by the management, a view was taken that since the appellant was the Secretary of the Union he should have exercised more restriant and that hence the...
United India Insurance Company Ltd. Vs. Goparaju Kotamma and ors.
Court: Andhra Pradesh
Decided on: Jan-24-1996
Reported in: 1996(2)ALT560
Neelam Sanjiva Reddy, J.1. This is an appeal by the third respondent - insurer in O.P.No. 55 of 1987 on the file of the Motor Accidents Claims Tribunals (Additional District Judge), Khammam, against the order dated 8th March, 1989 granting a total compensation of Rs. 2,16,200/-on account of death of one Goparaju Ramireddy in a motor vehicle accident.2. Petitioners-claimants filed the above O.P. against the driver, owner and Insurer, who are respondents 1, 2 and 3 respectively in the O.P. The Tribunal, after considering the evidence on record, awarded a total compensation of Rs. 2,16,200/- with interest at 12% per annum from the date of petition i.e. 10-2-1987 till the date of payment with proportionate costs against the driver, owner and insurer jointly and severally.3. Learned counsel for the appellant submits that the insurer was liable to pay Rs. 1,50,000/- only as per the Motor Vehicles Act, 1939 and the contract entered into between the parties. Ex.B-1, insurance policy shows that...
M/S. Asian Bearings and Tools Corporation Vs. M/S. Coastal Chemicals L ...
Court: Andhra Pradesh
Decided on: Jan-23-1996
Reported in: AIR1996AP269
ORDER1. This Company petition is filed under Section 433(e) and (f) read with Section 439(1)(b) of the Companies Act, 1956. As per the averments made in the petition, the respondent is a Public Limited Company having its Registered Office at Visakha-patnam, with authorised share capital of Rs. 50,00 Lakhs, divided into 40000 equity shares of Rs. 100-00 each and 10000 of 12% redeemable/cumulative/preference shares of Rs. 100 each. The main objects of the company are to take over, promote, establish etc.,any business of preparation and sale of alum and its products and other by-products as contended in the Memorandum of Association. The petitioner supplied bearings as per the requirement of the Respondent-Company and the last order was on 14-5-1993. There is running account in respect of the transactions between the petitioner and the respondent companies. As on 31-3-1993, the respondent-company confirmed the balance of Rs. 1,82,856.61 ps. However, stilt the balance has to be paid. Since...
C. Krishna Yadav Vs. Ale Narendra and Others
Court: Andhra Pradesh
Decided on: Jan-23-1996
Reported in: AIR1996AP231
ORDER1. The first respondent in Election Petition No. 15 of 1995 is the petitioner. The Election Petition was filed for ordering inspection, scrutiny and recount of the ballot papers polled during the election to 207 Himayatnagar Assembly Constituency held on December 1, 1994, and for other reliefs, mainly on the ground that the agents of the petitioner had no opportunity to watch the scrutiny of ballot papers and the counting process; that several ballot papers were accepted in favour of the first respondent which do not have the signature of the Presiding Officer, or otherwise wrongly counted, while several ballot papers were wrongly rejected from counting in favour of the petitioner either on the ground that the mark is not distinguishable or that the mark is overlapping or it was affixed partly only, in relevant column, noticed discrepancy in the total count of ballot papers including the posEal ballots; no test check was conducted by the Returning Officer properly, several ballots...
The Official Liquidator, High Court of A.P., Hyderabad Vs. T.J. Swamy ...
Court: Andhra Pradesh
Decided on: Jan-23-1996
Reported in: AIR1996AP226
ORDER1. The application filed by the Official Liquidator under Section 543(1) of the Companies Act seeking declaration that the respondents have misapplied, retained the monies and are liable or accountable for the monies and properties of the Company are guilty of misfeasance and in relation to the property of the company and for consequential direction to respondents to contribute jointly and severally a sum of Rs. 4.61 lakhs with interest @ 6% p.a. and for costs etc.2. The averments as mentioned in the application are that the company was incorporated in the year 1972 with an authorised capital of Rs. 1 lakh and thereafter it was increased to Rs. 5 lakhs divided into 5,000 equity shares of Rs. 1,000/- each. By order dated 28-1-87 this Court in C.P. No. 5/81 ordered winding up of the Company and consequently, the petitioner, the Official Liquidator was appointed. It is submitted by the petitioner that the respondents have misapplied, retained are become liable or accountable for the ...
Asian Bearings and Tools Corporation Vs. Coastal Chemicals Limited
Court: Andhra Pradesh
Decided on: Jan-23-1996
Reported in: [1996]86CompCas590(AP)
G. Bikshapathy, J.1. This company petition is filed under section 433(e) and (f) read with section 439(1)(b) of the Companies Act, 1956. As per the averments made in the petition, the respondent is a public limited company having its registered office at Visakhapatnam, with an authorised share capital of Rs. 50 lakhs, divided into 40,000 equity shares of Rs. 100 each and 10,000, 12 per cent. redeemable/cumulative/preference shares of Rs. 100 each. The main objects of the company are to take over, promote, establish, etc., any business of preparation and sale of alum and its products and other by-products as contained in the memorandum of association. The petitioner supplied bearings as per the requirement of the respondent-company and the last order was on May 14, 1993. There is a running account in respect of the transactions between the petitioner and the respondent-company. As on March 31, 1993, the respondent-company confirmed the balance of Rs. 1,82,856.61. However, still the bala...
The New India Assurance Company Rep. by Its Divisional Manager Vs. Mar ...
Court: Andhra Pradesh
Decided on: Jan-23-1996
Reported in: 1996(2)ALT549
Neelam Sanjiva Reddy, J.1. The fifth respondent-insurer in O.P. No. 293 of 1981 on the file of the Motor Accidents Claims Tribunal (District Judge), East Godavari, Rajahmundry, preferred this appeal against the order dated 22-8-1984 granting a total compensation of Rs. 17,000/- to the petitioner involved in a motor vehicle accident.2. Facts necessary for disposal of this appeal briefly stated are these: Parties are referred to as arrayed in the Tribunal. Respondents 1 to 3 are driver, owner and insurer respectively of the jeep bearing No. APW 4265. Respondents 4 and 5 are owner and insurer respectively of the scooter bearing No. AD 1745. On 19-7-1981 at about 1 a.m. the jeep and the scooter collided and at that time, the petitioner was a pillion rider of the scooter. He sustained injuries in the accident. He filed the above O.P. for a total compensation of Rs. 40,000/- against all the respondents. The tribunal, after considering the evidence on record, awarded a total compensation of R...
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