Andhra Pradesh Court August 1996 Judgments
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The Oriental Fire and Genl. Insurance Co. Ltd. Rep. by Its Br. Manager ...
Court: Andhra Pradesh
Decided on: Aug-05-1996
Reported in: 1996(3)ALT1055
R. Bayapu Reddy, J.1. This appeal is filed by the Insurance Company which is the third respondent in O.P.No. 104/1980 on the file of the District Judge cum-Motor Accidents Claims Tribunal, Karimnagar, questioning its liability to pay the compensation awarded by the Tribunal to the claimants who are respondents one and two herein.2. The present respondents one and two who are claimants before the lower Court had filed the petition under the provisions of A.P.M.V. Act claiming compensation of Rs. 50,000/- on account of the death of their son in the accident which took place on 20-10-1980 at Peddapalli-Karimnagar road near Chinna Kalavala bridge. The vehicle involved in the accident was lorry bearing No. AAT 1321 which was owned by the third respondent herein and it was driven by fourth respondent herein at the time of the accident. The deceased who is the son of the claimants was aged about 16 years and he was travelling in the lorry which was a goods vehicle and in which cement bags wer...
Oriental Fire and Genl. Ins. Co. Ltd. Vs. Kodipally Mallaiah and ors.
Court: Andhra Pradesh
Decided on: Aug-05-1996
Reported in: 1997ACJ1234
R. Bayapu Reddy, J.1. This appeal is filed by the insurance company which is the respondent No. 3 in O.P. No. 104 of 1980 on the file of the District Judge-cum-Motor Accidents Claims Tribunal, Karimnagar, questioning its liability to pay the compensation awarded by the Tribunal to the claimants who are respondent Nos. 1 and 2 herein.2. The present respondent Nos. 1 and 2 who are claimants before the lower court had filed the petition under the provisions of Motor Vehicles Act claiming compensation of Rs. 50,000/- on account of the death of their son in the accident which took place on 20.10.1980 at Peddapalli-Karimnagar road near Chinna Kalavala bridge. The vehicle involved in the accident was lorry bearing No. AAT 1321 which was owned by the respondent No. 3 herein and it was driven by respondent No. 4 herein at the time of the accident. The deceased who is the son of the claimants was aged about 16 years and he was travelling in the lorry which was a goods vehicle and in which cement...
Central Govt. Rep. by Its Secretary Ministry of Shipping and Transport ...
Court: Andhra Pradesh
Decided on: Aug-02-1996
Reported in: 1997(1)ALT288
S.V. Maruthi, J.1. This Writ Appeal arises out of a judgment in W.P.Nos. 3697/90 and 3698/90. The Union of India represented by its Secretary, Ministry of Shipping and Transport is the appellant. The respondent filed a writ petition seeking a direction to the Central Government to constitute a Tribunal Under Section 150(1) of the Merchant Shipping Act, 1958 (in short 'the Act') and refer the dispute between the Seamen and the employer to the Tribunal so constituted. The writ petition came up before a learned single Judge who allowed the same following the judgment in W.P.No. 4270/1981dt. l3-10-1977.2. Following the judgment in W.P.No. 4270/1981, the learned Single Judge directed for constitution of a tribunal Under Section 150(1) of the Merchant Shipping Act. At this stage, it is necessary to refer to the facts and circumstances under which the learned Single Judge in W.P.No. 4270/1981 directed to constitute a Tribunal Under Section 150 of the Merchant Shipping Act (in short 'the Act')...
Mandava Laxmana Rao Vs. Primary Agricultural Co-operative Society and ...
Court: Andhra Pradesh
Decided on: Aug-02-1996
Reported in: 1996(4)ALT299
Y.V. Narayana, J.1. Challenging the legality and validity of the order of the Deputy Registrar, Co-operative Society, Mahaboobabad (the third respondent herein) dated 17-10-1986 as confirmed by the order dated 30-12-1988 in C.T.A. No. 3 of 1986 by the Appellate Tribunal, Narasampet (the learned Munsif-Magistrate, Narasampet - the fourth respondent herein), Mandava Laxmana Rao, the writ petitioner filed this writ petition to call for the records relating to and connected with Rc. No. 1283 /85-C of the third respondent and quash the same, raising the following contentions.2. The first and fore-most important contention raised by Sri Movva Chandrasekhara Rao, learned Counsel for the petitioner is that the initiation of the Proceedings under Section 51 of the Andhra Pradesh Co-operative Societies Act VII of 1964 (the Act) itself is bad, illegal and void in law as the said order was passed without satisfying any one of the ingredients of that Section. To appreciate this contention it is nec...
Oil Country Tubular Ltd. Rep. by Its Managing Director, Mr. Kamineni S ...
Court: Andhra Pradesh
Decided on: Aug-02-1996
Reported in: 1996(4)ALT1117
ORDERP.S. Mishra, C.J.1. Heard.2. After some arguments, learned Counsel for the appellants states that in case his petition is found not maintainable either under Clause (1) of Article 226 of the Constitution of India or Clause (2) thereof, he be permitted to withdraw the writ petition itself and it be observed that any finding with reference to the facts of the case in the impugned judgment shall not be used against either party.3. Learned Single Judge has followed the principle of law with respect to the cause-of-action, wholly or in part, within the territorial jurisdiction of the Court as found in Article 226(2) of the Constitution and also with reference to the presence of a Branch Office of the respondent-ONGCL in the State of Andhra Pradesh and held that going by the principle that the expression 'cause-of- action' means that bundle of facts, which the petitioners must prove, if traversed to entitle him to a judgment in his favour by the Court, it is not possible on the facts pl...
A.K. Minerals, Registered Partnership Firm Rep. by Its Partner A. Venk ...
Court: Andhra Pradesh
Decided on: Aug-02-1996
Reported in: 1996(3)ALT652
ORDERK.B. Siddappa, J.1. This Revision is filed against the judgment passed in C.M.A.No. 13/95 on the file of II Additional District Judge, Cuddapah.2. The plaintiff is a firm represented by its partner. It filed I.A.No. 142/95 cm the file of III Additional District Munsif, Cuddapah, to grant temporary injunction restraining the respondents 1 to 4 and their men, agents and representatives from carrying on the business or any transaction in the name of M/s. A.K. Minerals, Cuddapah.3. The brief facts in the affidavit are as follows:The plaintiff stated that the 1st respondent who is a partner of the firm along with other partners fraudulently and wilfully entered into a partnership with respondents 2 to 4 and are carrying on business for the past 3 years and competing with petitioner's firm using the name of the firm i.e., M/s. A.K. Minerals. The partners of the petitioner firm are (1) Ananta Padmanabha; (2) Smt. A. Tulasamma; (3) Sri A. Sai Prasad; (4) Sri A. Anja; (5) Sri A. Venkataram...
P. Venkatachalapathi and ors. Vs. Govindu Jayaramaiah and anr.
Court: Andhra Pradesh
Decided on: Aug-02-1996
Reported in: 1996(3)ALT865
ORDERRamesh Madhav Bapat, J.1. This Civil Revision Petition arises out of the order dated 28-1-1988 passed by the Additional District Judge, Madanapalle in C.M.A. No. 70-A of 1986.2. In order to appreciate the controversy involved in this petition, it is necessary to know the previous background.3. The rather of the petitioners herein was the original plaintiff in O.S.No. 629 of 1977 on the file of the Principal District Munsif, Madanapalle. The said suit was filed by the fattier of the petitioners herein for recovery of certain amount from the defendants-respondents herein. The suit was decreed. Against the said judgment and decree passed by the learned Principal District Munsif, Madanapalle, an appeal appears to have been filed. It was dismissed. Thus, the decree passed in the aforesaid suit became final. Thereafter, the father of the petitioners herein filed O.E.P. No. 152 of 1980 for sale of items A and B of plaint schedule property. After the said application was filed, the learne...
Smt. Prema and ors. Vs. the Land Acquisition Officer, Kollapur Srisila ...
Court: Andhra Pradesh
Decided on: Aug-02-1996
Reported in: 1996(3)ALT894
ORDERG. Bikshapathy, J.1. The Civil Revision Petitions and the Writ Petitions arise between the same parties and hence they are being disposed of under a common order.2. The cases have chequered career. One Dr. K.S. Raghava Chari was the owner of various extents of lands situated in Manchalakatta village in Mahabubnagar Dist. He had two wives. The 1st wife and son predeceased him leaving one daughter Pankajam (1st petitioner in W.Ps.) and Soundaryavalli, daughter-in-law (4th respondent). The 2nd wife Smt. Tangamma was alive as on the date of the death of Dr. K.S. Raghavachari. She is having two daughters Prema and Vasantha (petitioners No. 2 and 3 in W.Ps.) and one son Parthasarathy (Respondent No. 3). The vast extents of lands owned by Dr. K.S. Raghavachari were acquired for construction of Srisailam Hydro Electric Project. The Land Acquisition Officer passed Awards in Award No. 29/75, dated 30-8-1975, Award No. 32/75, dated 15-11-1975, Award No. 33/ 75, dated 15-11-1975 and Award No....
A. Omkar Vs. Commissioner of Police, Hyderabad and ors.
Court: Andhra Pradesh
Decided on: Aug-01-1996
Reported in: 1996(4)ALD907; 1996(2)ALD(Cri)851; 1996(4)ALT733; 1997(1)ALT(Cri)63; 1997CriLJ2581
P.S. Mishra, C.J.1. The instant proceeding under Article 226 of the Constitution of India has been taken up on the basis of a representation by the petitioner herein Sri A. Omkar, Son of Sri A. Jagath Kumar, resident of 71, Sealord 'B' Building, Cuffee Parade, Bombay during his temporary stay at Room No. 9. Secunderabad Club at Secunderabad to the Chief Justice of the Court, which is as follows :- 'I am the President of World Investments Ltd., which is a company with International Reputation. I got an offer from JCT Ltd., Phagwara, to be their Indenting Agent in Andhra Pradesh in the name and style of Andhra Associates. The offer came in the Month of June, 1994 after great pursuation from my side. Meanwhile one Mr. A. Gopal Rao approached and requested me to include him as the partner in the said Organisation and offered to pay the Security Deposit to JCT Ltd. and comply with all necessary formalities and manage the Agency on regular basis. As I was due to shift to Bombay in connection...
State of Andhra Pradesh Vs. Anandmal Surajmal Sethia
Court: Andhra Pradesh
Decided on: Aug-01-1996
Reported in: 1996(2)ALD(Cri)601; 1996(2)ALT(Cri)699; 1996CriLJ4338
ORDER1. This petition is filed under Section 482 of Cr.P.C. to quash the order passed in Crl. M.P. No. 1806/96 in O.R. No. 67/94-95 of Kodur Range on the file of the Munsiff Magistrate, Rajampet. The facts in brief are as follows : 2. The Forest Range Officer, Koduru Range, seized the lorry bearing No. MH31 5382 carrying forest, produce and produced the same before the Divisional Forest Officer, Cudapah. The respondent herein who is said to be the owner of the lorry filed Crl. M.P. No. 1806/94 before the learned Munsiff Magistrate, Rajampet under Section 457, Cr.P.C. for the release of the said vehicle produced before the D.F.O. Cuddapah. The learned Munsiff Magistrate, by his order dated 27-9-1994 ordered for the release of the lorry on condition that the respondent furnish a Bank Guarantee for Rs. 3,00,000/- issued by a nationalised Bank. The respondent filed Crl. R.P. No. 49/94 challenging the quantum of amount as ordered by the learned Munsiff Magistrate. The learned I Addl. Sessio...
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