Andhra Pradesh Court February 1996 Judgments
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Andhra Pradesh State Road Trans. Corpn. Vs. Sanjay Kumar Bhawsingkha a ...
Court: Andhra Pradesh
Decided on: Feb-06-1996
Reported in: 1997ACJ1221
N.Y. Hanumanthappa and V. Bhaskara Rao, JJ.1. Heard both sides.2. This appeal is directed against the order of the learned Additional District Judge-cum-Motor Accidents Claims Tribunal, Tirupati passed in O.P. No. 200 of 1989 dated 31.12.1990 holding that the accident occurred due to the rash and negligent act on the part of the driver and conductor of the ill-fated bus AEZ 3150 on 21.11.1988 at Tirupati bus stand at 11.15 p.m. and that the appellant Corporation is liable to pay the compensation to the claimants.3. A few facts which are necessary for the disposal of the appeal are as follow:On 21.11.1988 the deceased Kamal Kumar Bhawsingkha, aged about 45 years along with his family members and other relatives was travelling from Bangalore to Srikalahasti in the APSRTC bus bearing No. AEZ 3150. At about 11.15 p.m. on the same day the bus was stopped at RTC bus stand, Tirupati. Apart from the deceased and other family members, there were other passengers travelling by the same bus to Sr...
Andhra Prabha (P) Ltd. Vs. E.S.i. Corporation
Court: Andhra Pradesh
Decided on: Feb-05-1996
Reported in: 1996(2)ALT301; (1996)IILLJ389AP
ORDERG. Bikshapathy, J.1. The appeal is filed against the orders passed by the Employees Insurance Court in E.I. Case No. 24/87, dated December 11, 1991.2. A few facts are necessary for proper appreciation of the case. The appellant - company is an establishment situated at Hyderabad and covered under the Employees' State Insurance Act. It is engaged in publication of daily newspaper. The employees of the appellant - company are governed by the provisions of Palekar Award. It is the case of the appellant that it has been paying the E.S.I, contributions in accordance with the provisions of the Act. But however, the E.S.I. Corporation demanded the E.S.I, contributions in respect of Apprentices/Trainees who are not covered by the provisions of the Act. Therefore, the appellant is only aggrieved to the extent of demand of the E.S.I. Contribution in respect of the Apprentices/Trainees. It is the case of the appellant that they do not fall under Section 2(9) of the Employees State Insurance ...
John Abraham Memorial Bethany Home Vs. All Concerned
Court: Andhra Pradesh
Decided on: Feb-05-1996
Reported in: II(1997)DMC64
P. Venkatrama Reddy, J.1. This appeal arises under Guardians and Wards Act. The appellant-petitioner, which is a Registered Society is running an orphanage at Tandur, Ranga Reddy District. The Society is recognized by the Government of India as an agency for processing and filing of the applications for declaration of foreign nationals as guardians. It has filed an application under Sections 7 - 10 of the Guardians and Wards Act, 1890 for appointment of foreign national by name Mr. David S. Ballantine, aged 40 years, a resident of Illinois State, U.S.A. so as to facilitate him to take the child by name Keerti Kumar to the U.S.A., and to adopt him there according to the Laws of U.S.A.2. From the averments in the petition and the evidence of P.W. 1 and the child study report as well as the scrutiny report of A.P. State Council for Child Welfare, it is seen that the boy was born on 24.12.1993 and soon after the birth, the boy was left in orphanage by the mother whose husband had deserted ...
Vurimi Veerabhadraiah and anr. Vs. Vurimi Seshamma Alias Seshamamba an ...
Court: Andhra Pradesh
Decided on: Feb-05-1996
Reported in: 1996(3)ALT176
S. Parvatha Rao, J.1. One Vurimi Veeraiah laid O.S.No. 70 of 1975 in the Court of the Subordinate Judge, Cuddapah against his two brothers (defendants 1 and 2) and his two sisters (defendants 3 and 4) for partition of plaint schedule properties and for rendition of accounts etc. Subsequently, the suit was transferred to Subordinate Judge's Court at Proddatur and was renumbered as O.S.No. 89 of 1978 and then again to Subordinate Judge's Court at Rajampet and was renumbered as O.S.No. 3 of 1984. The sisters i.e., defendants 3 and 4 remained ex parte. The brothers i.e., the plaintiff and defendants 1 and 2, filed a joint petition LA. No. 720 of 1979 for reference of the matter to three named arbitrators and the same was allowed and the matter was referred to them. One of the named arbitrators i.e., V. Satyanarayana, filed a memo before the learned Subordinate Judge on 25-12-1980 to the effect that the defendants were not co-operating with the arbitrators and that therefore he may be disch...
John Abraham Memorial Bethany Home, a Registered Society Rep. by Smt. ...
Court: Andhra Pradesh
Decided on: Feb-05-1996
Reported in: 1996(3)ALT459
P. Venkatrama Reddi, J.1. This Appeal arises under Guardians and Wards Act. The Appellant -Petitioner, which is a Registered Society is running an orphanage at Tandur, Ranga Reddy District. The Society is recognized by the Government of India as an agency for processing and filing of the applications for declaration of foreign nationals as guardians. It has filed on application Under Sections 7 - 10 of the Guardians and Wards Act, 1890 for appointment of foreign national by name Mr. David S. Ballantine, aged 40 years, a resident of Illinois State, U.S.A. so as to facilitate him to take the child by name Keerti Kumar to the U.S.A., and to adopt him there according to the Laws of U.S. A.2. From the averments in the Petition and the evidence of P.W. 1 and the child study report as well as the scrutiny report of A.P. State Council for Child Welfare, it is seen that the boy was born on 24-12-1993 and soon after the birth, the boy was left in orphanage by the mother whose husband had deserte...
Oriental Fire and General Insurance Company Ltd. Vs. Ravulapalli Subba ...
Court: Andhra Pradesh
Decided on: Feb-05-1996
Reported in: 1997(4)ALT647
V. Rajagopala Reddy, J.1. The appellant is the 2nd respondent. 1st respondent filed the Claim Petition under Section 110-A of Motor Vehicles Act in O.P. No. 184/83 before the Motor Accidents Claims Tribunal (District Judge), Ongole, claiming Rs.50,000-00 as compensation for the death of her husband - Nannayya. The Claims Tribunal granted Rs.20,000-00 as compensation with interest from the date of petition, with proportionate costs. Questioning the order of the Tribunal, the appellant filed CMA. No. 349/1985 and a learned Single Judge of this Court refused to interfere with the order of the Claims Tribunal. This appeal is filed aggrieved by the Judgment of the learned Single Judge, dated: 16-11-1988.2. The deceased was alleged to have been travelling in the lorry - ADB-7987 belonging to the Respondent No. 2 and due to the rash and negligent driving by the driver of the lorry, the lorry fell into a ditch and the deceased crushed resulting in his instantaneous death. The lorry was insured...
Andhra Mechanical and Electrical Industries Ltd. Vs. Asst. Regional Di ...
Court: Andhra Pradesh
Decided on: Feb-02-1996
Reported in: 1996(3)ALT91; (1998)IIILLJ882AP
G. Bikshapathy, J.1. The present appeal is filed assailing the orders of the Employees' Insurance Court, Hyderabad, in E.I. Case No. 59/1987, dated November 13, 1991.2. The appellant is having a Factory at Gachibowli. It is also having an administrative establishment dealing with sales and service of the products manufactured by it, at Secunderabad. The respondent-E.S.I. Authority issued a notice dated February 23, 1987 covering the establishment at Secunderabad and called upon the appellant-employer to pay the contribution in respect of the employees working in the esta- blishment of the administrative office at Secunderabad. Aggrieved by the said demand notice, the appellant herein filed E.I. Case No.59 of 1987 under Section 75 of the Employees' State Insurance Act, 1948, seeking declaration that the E.S.I.Act. 1948, (for short the 'Act') is not applicable to employees employed in the administrative office at Secunderabad. The Employees Insurance Court, Hyderabad, by its order dated ...
Sri Srinivasa Traders Vs. Commercial Tax Officer, Jadcherla, Mahaboobn ...
Court: Andhra Pradesh
Decided on: Feb-02-1996
Reported in: 1996(3)ALT604; [1997]104STC47(AP)
S. Parvatha Rao, J.1. This writ petition has been preferred seeking a writ of certiorari, etc., quashing the notice dated October 10, 1995, issued by the first respondent, i.e., the Commercial Tax Officer, Jadcherla, Mahaboobnagar District, to the petitioner, a partnership-firm, requiring it to pay a sum of Rs. 80,000 within seven days from the date of receipt of the said notice. 2. The reason for the notice has been stated therein as 'that the cheque bearing No. 238352, dated July 13, 1995 for an amount of Rs. 80,000 towards tax estimated on forty way bills which were lost issued by them (the petitioner) has been presented in the bank on July 24, 1995 by the A.C.T.O., Nagarkurnool', and that the said cheque was returned back stating that the payment had been stopped by the drawer on July 24, 1995. 3. The undisputed facts are that the way bill book issued to the petitioner was lost on January 6, 1995 and inspite of efforts made to find it, it was not found. A complaint was lodged by th...
Kamalamma and ors. Vs. the Management of Sri Narsing Industries and or ...
Court: Andhra Pradesh
Decided on: Feb-02-1996
Reported in: 1996(1)ALT541; (1996)IILLJ175AP
P.S. Mishra, C.J.1. Heard the learned Counsel for the appellants (workmen) and the learned Counsel for the respondents (management)2. It is not in dispute that the (respondents) appellants were employed in the coke manufacturing industry of the respondent- management. They were subjected to a domestic enquiry and removed from service on the alleged proof of various allegations levelled against them. The Labour Court ordered reinstatement without back-wages. The management moved this Court under Article 226 of the Constitution of India. The court at the time of admission of the writ petition granted stay on condition of complying with the requirements of Section 17B of the Industrial Disputes Act, 1947. The appeal against the said order under Clause 15 of the Letters Patent was dismissed. There is some proceeding taken in the Court of the District Munsiff, Hyderabad West and South, Ranga Reddy in O.S. No. 180 of 1986 in which an order of interim injunction is granted on September 9, 198...
Digumarthi Subba Rao and anr. Vs. Y. Sambasiva Venkata Subba Rao and a ...
Court: Andhra Pradesh
Decided on: Feb-02-1996
Reported in: 1996(2)ALT54
Neelam Sanjiva Reddy, J.1. This appeal is directed against the order of the Motor Accidents Claims Tribunal-District judge, Guntur, passed on 3rd April, 1989 in O.P.No. 34 of 1987.2. The facts culminating in this appeal and necessary for its disposal briefly stated are that Digmuarthi Hanumantha Rao, aged 22 years and graduate in mechanical engineering earning Rs. 2,500/- per month in Kalyani Cement Factory, was travelling on the scooter AIK 2436 along with pillion rider G. Kishore Kumar from Macherla to Piviuguralla. On their way, tractor ATC 2620 with trailer APG 9625 driven in a rash and negligent manner hit them resulting in grievous injuries to Hanumantha Rao and his consequent death. Hanumantha Rao's father and mother, aged about 46 years and 40 years respectively, filed the above O.P. claiming a total compensation of Rs. 1,50,000/- from the owner and insurer of the tractor and trailer involved in the accident.3. The owner and insurer resisted the claim of the petitioners and the...
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