Andhra Pradesh Court April 1996 Judgments
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The New India Assurance Co. Ltd. Rep. by Its Divisional Manager Vs. Da ...
Court: Andhra Pradesh
Decided on: Apr-10-1996
Reported in: 1996(2)ALT292
ORDERNeelam Sanjiva Reddy, J.1. The insurer-3rd respondent in O.P. No. 45/87 on the file of the Motor Accidents Claims Tribunal-cum-District Judge, Visakhapatnam preferred this appeal.2. Romana Welcome, aged about 12 years, studying 7th standard died on 28-8-86 in a motor vehicle accident caused due to actionable negligence of the bus ADJ 9522. The father of the deceased filed the above claim petition claiming a total compensation of Rs. 15,000/- from the driver, owner and insurer of the bus ADJ 9522. Driver and owner remained absent and the matter was proceeded ex-parte. The insurer resisted the claim by filing a counter pleading that the vehicle was not insured with them and they are not liable to pay any compensation. The tribunal, after considering the evidence on record, found that the vehicle was insured with the insurer and awarded a compensation of Rs. 15,000/- against the driver, owner and insurer with joint and several liability.3. Learned Counsel for the appellant assails th...
New India Assurance Co. Ltd. Vs. Darryl Welcome and anr.
Court: Andhra Pradesh
Decided on: Apr-10-1996
Reported in: 1997ACJ1026
Neelam Sanjiva Reddy, J.1. The insurer, respondent No. 3 in O.P. No. 45 of 1987 on the file of the Motor Accidents Claims Tribunal-cum-District Judge, Visakhapatnam preferred this appeal.2. Romana Welcome, aged about 12 years, studying in 7th standard died on 28.8.1986 in a motor vehicle accident caused due to actionable negligence of the bus ADJ 9522. The father of the deceased filed the above claim petition claiming a total compensation of Rs. 15,000/- from the driver, owner and insurer of the bus ADJ 9522. Driver and owner remained absent and the matter was proceeded ex parte. The insurer resisted the claim by filing a counter pleading that the vehicle was not insured with them and they are not liable to pay any compensation. The Tribunal, after considering the evidence on record, found that the vehicle was insured with the insurer and awarded a compensation of Rs. 15,000/- against the driver, owner and insurer with joint and several liability.3. Learned Counsel for the appellant as...
The New India Assurance Co. Ltd. Vs. Darryl Welcome and anr.
Court: Andhra Pradesh
Decided on: Apr-10-1996
Reported in: 2(1996)ACC704
Neelam Sanjiva Reddy, J.1. The insurer 3rd respondent in O.P. No. 45/87 on the file of the Motor Accident Claims Tribunal-cum-District Judge, Visakhapatnam preferred this appeal.2. Romana Welcome, aged about 12 years, studying 7th standard died on 28.8.86 in a motor vehicle accident caused due to actionable negligence of the bus ADJ 9522. The father of the deceased filed the above claim petition claiming a total compensation of Rs. 15,000/- from the driver, owner and insurer of the bus ADJ 9522. Driver and owner remained absent and the matter was proceeded ex-parte. The insurer resisted the claim by filing a counter pleading that the vehicle was not insured with them and they are not liable to pay any compensation. The Tribunal, after considering the evidence on record, found that the vehicle was insured with the insurer and awarded a compensation of Rs. 15,000/- against the driver, owner and insurer with joint and several liability.3. Learned Counsel for the appellant assails the find...
New India Assurance Co. Ltd. Vs. Kesavam Ramamurthy
Court: Andhra Pradesh
Decided on: Apr-10-1996
Reported in: II(1998)ACC535; 1998ACJ1115
Ramesh Madhav Bapat, J.1. This is an appeal by the original defendant who was aggrieved by the judgment and decree passed in favour of the respondent-plaintiff in O.S. No. 7 of 1983 by the Subordinate Judge, Srikakulam.2. It appears from the record that the plaintiff had filed a suit for recovery of damages caused to his Matador van claiming a compensation of Rs. 75,000/- from the defendant. It was the case of the plaintiff that he was the owner of the Matador van APS 4270 having purchased the same for Rs. 75,000/- by taking loan from the State Bank of India.3. It was the further case of the plaintiff that the said vehicle was insured with the defendant company under the comprehensive policy No. 424730044 for a period of one year, i.e., from 4.11.1979 to 3.11.1980. The plaintiff obtained a contract carriage (taxi cab) permit No. PC 23-8-79 from the Regional Transport Authority, Srikakulam, for the period from 2.12.1979 to 19.12.1982. The plaintiff claims to be an ex-serviceman.4. It is...
Oriental Enterprises Vs. Commissioner of Commercial Taxes
Court: Andhra Pradesh
Decided on: Apr-09-1996
Reported in: [2003]133STC218(AP)
Y.V. Narayana, J.1. This appeal is preferred by M/s. Oriental Enterprises, Guntur, the appellant herein against the order of the Commissioner, Commercial Taxes, Hyderabad dated March 15, 1995, passed in CCT's Ref. No. L.V. (2)786/1994.2. The brief facts of the case are as under : The appellant was originally assessed to sales tax for the assessment year 1984-85 by the Commercial Tax Officer, IV Circle, Guntur on February 16, 1989, on a net turnover of Rs. 28,08,987. That assessment had become final as no appeal was preferred against it before the first appellate authority. The succeeding assessing authority has reopened the said order of assessment under Section 14(4) of the Andhra Pradesh General Sales Tax Act (6 of 1957) (hereinafter referred to as 'the Act') on the ground that during inspection held on July 16, 1985 the Inspecting Officers have come into possession of some incriminating material. The succeeding assessing authority passed a reassessment order on December 31, 1985 whe...
Padmavathi Commercial Corporation, Rep. by Its Proprietor Mr. Om Praka ...
Court: Andhra Pradesh
Decided on: Apr-09-1996
Reported in: 1996(4)ALT475
ORDERSyed Shah Mohammed Quadri, J.1. The petitioner challenges the validity of the notice dated 9-2-1995 issued by the respondent under Section 17-B of the Andhra Pradesh General Sales Tax Act, 1957 (for short' the Act')addressed to one of the customers of the petitioner i.e., M/s. Santosh Refineries Private Limited, Hyderabad by praying for issue of a Writ of Mandamus declaring the said notice as illegal and arbitrary and further to declare the notice of attachment has lapsed on expiry of six months from the date of the notice.2. The petitioner is a registered dealer on the rolls of the respondent It is engaged in the business of vegetable oils. The petitioner purchases sunflower oil locally from registered dealers and sells the same within the State and claims exemption on the second sales as the sunflower oil is liable to be taxed at the rate of 4% at the point of the first sale in the State. On 9-2-1995 the respondent issued notice under Section 17-B of the Act to M /s. Santosh Ref...
Komatyreddy Pushpalatha Vs. Election Officer, Nellipaka Gram Panchayat ...
Court: Andhra Pradesh
Decided on: Apr-09-1996
Reported in: 1996(2)ALT124
ORDERM.N. Rao, J.1. A great part of the Aswapuram mandal consists of scheduled areas, in respect of which the Andhra Pradesh Panchayat Raj Act has no application. However, there are four villages in this mandal, which are outside the scheduled area; they are Nellipaka, Mallela Madugu, Mondikunta and Anandapuram. A notification was issued on 7-6-1995 by the Election Officer showing that Nellipaka Gram Panchayat was reserved in the general category for women. However on 1-6-1995 another notification was issued by the Revenue Divisional Officer, which is to the effect that Nellipaka is ear-marked in the general category but not exclusively for women.2. Challenging the same the present writ petition was filed by one Smt. Komatireddy Pushpalatha, claiming to be an ex-sarpanch of Nellipaka, contending that the reservation made once cannot be altered after the election notification was issued. Another ground taken in the writ petition is that the second respondent, namely, the Revenue Divisio...
Jupally Veeraswamy Vs. Jupally Shantamma and anr.
Court: Andhra Pradesh
Decided on: Apr-08-1996
Reported in: 1996(2)ALD517; 1996(1)ALD(Cri)545; 1996(2)ALT(Cri)314; 1996(2)APLJ334; 1996CriLJ3209; I(1997)DMC85
ORDER1. This petition is filed to quash the order passed by the IXth Metropolitan Magistrate, Hyderabad, in M.C. No. 19/1993, dated 29-7-1994 and also the order passed by the IInd Additional Metropolitan Sessions Judge, Hyderabad, in Crl.R.P. No. 155/95 confirming the order of the Trial Court. 2. The 1st respondent herein is the step-mother of the petitioner. She filed M.C. No. 19/1993 on the file of the IXth Metropolitan Magistrate. Hyderabad, for maintenance under S. 125(1), Cr.P.C. claiming maintenance at the rate of Rs. 500/- p.m. That petition was allowed granting maintenance at the rate of Rs. 500/- p.m. from the date of filing of the petition till the month of July, 1994. The learned Magistrate also granted Rs. 400/- p.m. from the month of August, 1994. Aggrieved by the said order, the petitioner herein had preferred Criminal Revision Petition No. 155/95 on the file of the IInd Additional Metropolitan Sessions Judge. Hyderabad. The learned Sessions Judge after considering the me...
Narottam Ram Vs. Conciliation Officer and Jt. Commr. of Labour, Visakh ...
Court: Andhra Pradesh
Decided on: Apr-08-1996
Reported in: (1998)IIILLJ871AP
P.S. Mishra, C.J.1. Heard learned counsel for the appellant and learned counsel for the respondent-Management.2. A similar matter had come before the Court in Writ Appeal No. 585/1996, but the Court decided the questions raised before it on conclusions, inter alia, that the appellant therein was retrenched on the ground that the project concerned was at the verge of the closure which did not satisfy the requirements of law and without, thus, complying with Section 25F of the Industrial Disputes Act, the appellant could not have been retrenched. In the instant case, however, some fresh arguments have been advanced based onfacts, inter alia, that in the contract of service which is available in the shape of a letter of appointment dated September 29, 1986, the appellant herein was given appointment for Vizag project at Vizag site for the duration of one/two years or till the completion of the project, whichever was earlier and, 'however, during this period, your services can be terminate...
L. Srinivasulu Reddy Vs. L. Ramalakshumma and anr.
Court: Andhra Pradesh
Decided on: Apr-08-1996
Reported in: 1996(2)ALD(Cri)90; 1996(2)ALT(Cri)111; II(1996)DMC186
N.Y. Hanumanthappa, J.1. This is a reference by our learned Brother B.S.A. Swamy, J., seeking an authoritative pronouncement on the question whether the wife who deserted her husband on her own accord and suffered a decree of divorce under Section 13(1) of Hindu Marriage Act on that ground is entitled to claim maintenance under Section 125 of Code of Criminal Procedure.2. A few facts which are necessary to dispose of this revision case are : That the revision petitioner is the husband and respondent No. 1 is the wife. They will be referred to hereinafter as husband and wife. The marriage was solemnized on 7.9.78 as per Hindu Rites in Peddachoutapally village in Cuddapah Mandal. They lived happily for some time. As the wife did not beget children, the husband married again at the instance of his father. That led to the estrangement between the husband and the wife. The husband filed a divorce petition under Section 13(1) of Hindu Marriage Act in O.P. No. 59/1985 on the file of Subordina...
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