Andhra Pradesh Court November 1997 Judgments

Oriental Insurance Company Ltd. Vs. S. Babaiah and ors.

Court: Andhra Pradesh

Reported in: 1999ACJ1126; 1998(1)ALD248; 1998(1)ALT756

ORDER1. This appeal is filed by the Oriental Insurance Company, which is the second respondent in W.C.No.1 of 1991 on the file of the Commissioner for Workmen's Compensation, Ranga Reddy District, questioning the orders dated 28-11-1992, by which compensation was awarded to the two claimants, who are Respondents 1 and 2 in this appeal, and directing the Insurance Company also to pay such compensation.2. Respondents 1 and 2 herein filed the petition in W.C.No.1 of 1991 before the Commissioner for Workmen's Compensation, Ranga Reddy District claiming compensation on account of the death of their deceased son in a motor vehicle accident involving the Tractor bearing No.AAG 5273. The Commissioner for Workmen's Compensation has come to the conclusion that the deceased was an employee under the 4th respondent herein, who was the third respondent before him, at the time of accident; that the accident took place on account of rash and negligent driving of the said Tractor by its driver and tha...

P. Narsimha and ors. Vs. A.P. Dairy Development Cooperative Federation ...

Court: Andhra Pradesh

Reported in: 1998(2)ALD167; 1998(1)ALT275

ORDER1. The three petitioners herein were appointed as Scanvcngers in the respondent Corporation in the year 1989. When attempts were made by the respondents to terminate their services, they approached this Court by way of a Writ Petition No.6857 of 1991 seeking regularisation of their services. Pending regularisation, they also sought in W.P.M.P. No.8533 of 1991 an interim direction to continue them in service and pay salaries regularly. The said writ petition was disposed of by this Court on 8-8-1996 with the following directions.'In the circumstances, I am of the opinion that it is sufficient to give a direction to the respondents to consider the case of the petitioners for absorption in terms of G.O.Ms. No. 212 dated 21-4-1994 and pass appropriate orders within 2 months from the date of receipt of a copy of this order. There is already on interim direction to continue the services of the petitioners pending the writ petition. This interim direction shall continue in force until ap...

B. Laxmi Narasimha Rao Vs. Commissioner of Excise and Prohibition, A.P ...

Court: Andhra Pradesh

Reported in: 1998(3)ALD164

ORDERK.B. Siddappa, J.1. This wit petition is filed for issuance of a writ or order of direction in the nature of mandamus to declare the action of Respondents 1 to 4 in granting licence in favour of the 6th respondent as illegal, arbitrary and violative of Article 14 as the same is not with the permission or an agreement of lease with the petitioner to run the business and consequently to direct the Respondents 1 and 4 to prevent the 6th respondent to carry out the business in Door No.6-1-1060, Lakdikapul, Hyderabad, and for such other orders.2. The petitioner stated in his affidavit that he is the owner of premises bearing Door No.6-1-1060, 1061/A and B, totally called as Hotel Dwaraka complex. The petitioner is having number of shops on the ground floor facing the main road. The mulgies were leased out to various tenants. The mulgi in question was leased out to one Smt. SeethaMahalaxmi, w/o. Radha Krishnaiah to run a business of Photo copying under the name and style 'Insta Images' ...

Mansa Devi Vs. Life Insurance Corporation of India

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

P.N. Nag, President: 1. The challenge in this appeal is to the order of the learned District Forum, Mandi, dated 16.1.1997, whereby the complaint of the complainant/appellant (hereinafter to be referred to as the complainant) has been dismissed. 2. The relevant brief facts of the case necessary to be mentioned for determining the point in controversy are that the complainant is a nominee of the life assured late Shri Pratap Singh who had assured his person vide Policy No. 150169258 which commenced on 28.6.1993. The life assured died on 28.6.1995 when the policy was in force. From the date of death, the complainant applied to the respondent (hereinafter to be referred to as the Life Insurance Corporation) for payment of the assured amount alongwith interest @ 18% per annum, but the same has been repudiated by the Life Insurance Corporation on the ground that the life assured was a chronic patient of diabetes and he has suppressed material facts while proposing for insurance and his deat...

Bharatia Pulverisers Private Limited, Kommuguda, Asifabad Mandal, Adil ...

Court: Andhra Pradesh

Reported in: 1998(1)ALD186; 1997(6)ALT801

ORDER1. In this writ petition a mandamus is sought questioning the action, of the respondents in demanding deficit stamp duty of Rs.2,30,000/- by fixing the fair market value of Rs.20,00,000/- for the property purchased under public auction from the Andhra Pradesh State Financial Corporation (APSFC) for a sum of Rs.5,00,000/- as arbitrary and illegal and seeks such other directions deemed fit and proper in the circumstances of the case.2. Before adverting to the main controversy raised in this writ petition on the question as to whether initiation of proceedings under Section 47A of the Indian Stamp Act, 1899 (for short 'the Act') by the respondents is proper, it would be appropriate to appraise the facts of the present case.3. The petitioner is a private limited company incorporated under the provisions of the Companies Act, 1956 and is engaged in the business of manufacturing cement. One M/s Sri Satyanarayana Swamy Cements and Chemicals Private Limited had taken term loans of Rs,30.0...

K. Papeshwar Rao Vs. Government of A.P. and anr.

Court: Andhra Pradesh

Reported in: 1998(1)ALD256; 1998(1)ALT267

ORDER1. Heard Sri S. Niranjan Reddy, learned Counsel for the petitioner and learned Government Pleader for Land Acquisition on behalf of the respondents.2. The petitioner has questioned the guidelines communicated by the Commissioner of Land Revenue in CLR's Ref. No.Gl/2133/96, dated 24-12-1996. The contention of the petitioner in the above writ petition is that Guideline No.22 is the said Circular dated 24-12-1996 is contrary to law and should be declared void.3. The impugned Guideline No.22 reads as under :'22. The applications for redelermination of compensation under Section 28A should be entertained only when the following conditions are satisfied. (i) The claimant should have received the amount under protest (ii) The application should be filed within 3 (three) months from the date of the award of the Court (the period for obtaining the copy of the award of the Court should be excluded) and (iii) The land should have been notified in the same notification'. 4. The offending port...

Mannam Anjamma Vs. N. Nageswara Rao and anr.

Court: Andhra Pradesh

Reported in: 1997(6)ALT645; I(1998)DMC688

B.K. Somasekhara, J.1. The respondent has been notified. But not present. Heard on merits. The order of the learned Addl. Subordinate Judge, Ongole in 1 .A. No. 784/97 in O.S. No. 158/90 dated 25.4.1997 is challenged. It is an application under Order 14, Rule 5, CPC r/w Section 151, CPC to recast the issues and to frame additional issues. The learned Subordinate Judge allowed the application and recast the six issues on his own in para 16 of the order which read as follows :'(1) Whether the plaintiff is entitled for a decree for partition of the plaint schedule properties into 2 equal halves and possession of one such share in the plaint schedule properties ?(2) Whether the plaintiff is entitled to future profits, to be determined on a separate application to be recovered from the defendants or the person who is in possession of the share of Kotamma ?(3) Whether any body on behalf of late Kotamma, the minor shared any income or was inducted into possession or enjoyed the property of la...

Ramesh Venkat Perumal Vs. State of A.P. and anr.

Court: Andhra Pradesh

Reported in: 1998(1)ALD(Cri)122; 1998(1)ALT(Cri)1; II(1998)DMC523

T. Ranga Rao, J.1. This petition is filed under Section 482, Cr. P.C. to quash the proceedings in CC No. 94/1996 on the file of the XXII Metropolitan Magistrate, Hyderabad.2. The facts in giving rise to the filing of this petition are, briefly, as follows:The petitioner is facing trial for an offence under Section 498-A of IPC on the charge-sheet filed by Inspector of Police, Women Police Station, C.I.D., Hyderabad on the complaint given by his wife, Smt. Divya Ramesh. It is alleged that her marriage with the petitioner was performed on 14.2.1994 at Sathya Sai Nigamagamam, Hyderabad, and after marriage they went to Madras and Tirupathi and thereafter left to Arlington, U.S.A. It is further alleged that she was subjected to harassment, humiliation and torture during her short stay at Madras as well as U.S.A. and when she refused to accept the request of the petitioner to terminate her pregnancy, she was dropped at Dallas Air Port penniless and she returned back to India with the assista...

Kollipara Toddy Tappers Co-op. Society Ltd., Rep. by Its President, Pa ...

Court: Andhra Pradesh

Reported in: 1997(6)ALT773

ORDERM.H.S. Ansari, J.1. The petitioner in the above writ petition is a Toddy Tappers Co-operative Society and has questioned the directions (issued to it by the 1st respondent herein i.e., Prohibition and Excise Superintendent (Functional Registrar) dated 2-11-1996 to enroll 35 persons whose names are specified in the impugned proceedings as members of the petitioner society, as otherwise action would be taken for superseding the Managing Committee under Section 34 of the Act.2. The foremost contention of Sri E. Ella Reddy, learned Counsel for the petitioner-Society is that the Prohibition and Excise Superintendent who issued the impugned proceedings has no jurisdiction for directing admission of Members.3. The 3rd respondent is one of the persons whose name is specified for being admitted as member in the impugned proceedings. Sri P.S. Narayana, learned Counsel for the 3rd respondent relying upon the averments made in the affidavit of the 3rd respondent, submitted that the petitioner...

Sheik Iqbal Vs. Commissioner, Kandukur Municipality

Court: Andhra Pradesh

Reported in: 1998(4)ALD400

ORDER1. In the instant writ petition the petitioner prays for issuance of an appropriate writ particularly one in the nature of Mandamus declaring the action of the respondents in seeking to auction the lease hold rights of Shop No. 17, Vegetable Market, Kandukuru by proceedings in ROC No. 158/ 97, GI, dated 15-2-1997 without extending the lease in his favour by accepting 33 1/3% enhanced lease amount as arbitrary and illegal. The petitioner also prays for issuance of a consequential direction directing the respondents not to auction the lease hold rights of the said shop- The petitioner seeksfurther direction directing the respondents to extend the lease for a further period of three years by accepting 33 1/3% enhanced lease amount.2. The petitioner was the successful bidder in respect of Shop No. 12 allotted by Vegetable Market, Kandukuru, for short 'the shop' in the auction held on 27-3-1996. The petitioner offered the highest bid of Rs.96,000/- per year commencing from 1-4-1996 to ...