Andhra Pradesh Court December 1997 Judgments
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Vikash Baheti @ Narsing Das Baheti Vs. Ramnivas Sardar and anr.
Court: Andhra Pradesh
Decided on: Dec-17-1997
Reported in: 2000ACJ78; 1998(2)ALD268; 1998(2)ALT651
1. These two appeals arise out of the awards passed in O.P.No.99of 1990 dated 20-12-1991 and O.P.No.98 of 1990 dated 20-12-1991 respectively by the Motor Accidents Claims Tribunal (Addl. District Judge), Mahabubnagar. C.M.A No.305 of 1992 arising out of the order in O.P.No.99 of 1990 relates to the injury claim case whereas C.M.A.No.267 of 1992 arising out of O.P.No.98 of 1990 relates to death case. Although different awards were passed by separate orders in each of the cases, since both the appeals arise out of the same motor vehicle accident occurred on 6-11-1989 involving consideration of common questions of facts and law, they were heard together and being disposed of by this common Judgment.2. C.M.A.No.305 of 1992: The appellant in this case aged 15 years and a student who suffered injuries during the motor vehicle accident on 6-11-1989 which is found to be due to the negligence of the driver of the Maruthi Car bearing No.CRL.2727, laid a claim for compensation of Rs. l,50,000/-fr...
Priyanka Wines Vs. Assistant Commissioner (C.T.) (intelligence), Abids ...
Court: Andhra Pradesh
Decided on: Dec-17-1997
Reported in: [1998]110STC73(AP)
P. Venkatarama Reddi, AG. C.J.1. In these writ petitions, the action of the officials of the Vigilance and Enforcement Department or the officers of Intelligence Wing of the Commercial Tax Department in inspecting the business premises of the petitioners and collecting post-dated cheques towards tax, which according to the respondents, ought to have been paid by the petitioners along with the monthly returns is under challenge. 2. It is the contention of the petitioners that without making any assessment or raising the demand after following the due procedure, the cheques should not have been collected. It is alleged that the taxes were collected under pressure or coercion. On the other hand, it is the contention of the respondents that on inspection, suppression of turnovers were found and when it was pointed out to the petitioners, they voluntarily gave the statement admitting the concealment and also gave the post-dated cheques voluntarily. It is submitted that the cheques together ...
S.M. Zainul AbedIn Vs. Divisional Electrical Engineer Eht Lines-i, Err ...
Court: Andhra Pradesh
Decided on: Dec-17-1997
Reported in: 1998(6)ALD314
1. The petitioner is seeking a declaration to the effect that the action of the respondents in not releasing the benefits to the petitioner by treating his age of retirements 60 years is illegal and void and to give a direction to the respondents to release all consequential benefits accruing to the petitioner on that account. 2. The petitioner was originally appointed on 26-12-1953 in the erstwhile Electricity Department of the Ex-Hyderabad Government as Special Estimator. After the formation of the Andhra Pradesh State, his services were transferred to the Andhra Pradesh State Electricity Board (for short 'the Board') and all rules applicable to the ex-Hyderabad employees were made applicable to him. Subsequently he was promoted as Foreman and on the date when he filed this writ petition, he was working as Foreman Grade-IV, According to Hyderabad Civil Service Rules, he could be superannuated at the age of 60 years. 3. An Award was passed by the Industrial Tribunal being Award No. 1/...
Namburu Bulli Veera Bhadra Prasad and ors. Vs. Vegi Venkata Satyanaray ...
Court: Andhra Pradesh
Decided on: Dec-16-1997
Reported in: 1998(1)ALD501; 1998(1)ALT663
ORDER1. This petition is filed by the plaintiffs challenging the judgment and order passed by the Sub-Judge, Nuzvid, dated 29-8-97 in O.S.No.80/89. By the impugned judgement and order the objections raised by the defendants has been upheld by holding that the plaintiffs would not be entitled to lead secondary evidence relating to the alleged agreement of sale dated 10-8-88. The Court below has also observed that the information regarding the contents alleged in the agreement dated 10-8-88, could not be elicited from PW3 since he is not mentioned as scribe in the plaint The Court below further held that at any rate without issuing notice under Section 66 of the Evidence Act, the plaintiffs cannot be permitted to lead any secondary evidence relating to the alleged agreement of sale. Learned Counsel for the petitioners contended that the observations of the Court below regarding the material points are not correct. He submitted that in the pleading there is a mention of PW3 being present ...
A.P.S.R.T.C., Mushirabad and ors. Vs. N.R. Nagappaiah
Court: Andhra Pradesh
Decided on: Dec-15-1997
Reported in: 1998(1)ALD364; 1998(1)ALT412
ORDERT. Ranga Rao, J. 1. These twoC.M. As. are filed against the common orders dated 25-6-1997 in I.A.Nos.656/97 and 657/1997 in O.S.No.348 of 1997 on the file of the III Additional Subordinate Judge, Vijayawada 2. The facts in giving rise to the filing of these appeals are, briefly, as follows:The first appellant, A.P.S.R.T.C. (for short 'Corporation') which is a statutory body, having bus stations, offices throughout the State of Andhra Pradesh, for the convenience of passengers provides many stalls, canteens, parking places, etc. The policy making authority of the Corporation issues guidelines from time to time indicating the procedure to be followed in granting licences to run the said stalls, canteens, etc. The Corporation issued Circular 5 of 1990 dated 12-1-90 prescribing new procedures for granting of licences to run the canteen for a period of sixyears with a maximum licence period of 12 years subject to the satisfactory performance and fulfillment of other terms and condition...
Hari Satyanarayana and anr. Vs. Govt. of A.P. and ors.
Court: Andhra Pradesh
Decided on: Dec-15-1997
Reported in: 1998(1)ALD292
ORDER1. The short but important question that arises in the instant writ petition is whether the Government of the Stale is empowered to cancel/suspend the meeting convened to consider the motion of 'No-Confidence' moved against the Vice-Chairperson of the Municipal Council, under the provisions of A.P. Municipalities Act, 1965, (for short 'the Act').2. To decide the above question, it is necessary to notice few facts : The petitioners are the Councillors of Palavancha Municipality of Ward Nos.20 and 22, elected in the elections held on 19-3-1995. The election to the post of Vice-Chairperson was held and the 4th respondent has been, elected as Vice-Chairperson. Thereafter on 12-9-1997 majority members of the Municipal Council submitted to the 2nd respondent a motion of 'No-Confidence' against the 4th respondent, under Section 46 of the Act, The 2nd respondent, after considering the said motion, issued notices to all the eligible members of the Municipal Council, fixing the date of meet...
Malakala Ramu @ Ramam Vs. Mammidi Gopalamurthy
Court: Andhra Pradesh
Decided on: Dec-15-1997
Reported in: 1998(2)ALD150; 1998(1)ALT669; I(1999)DMC41
ORDERMotilal B. Naik, J. 1. The respondent in O.P.No. 46 of 1992 is the appellant before us. The said O.P.No. 46 of 1992 was filed by the respondent herein who is the father of the minor children, namely Chinna Rao and Chandrasekhar Rao seeking their custody from the appellant herein. For the purpose of convenience the parties are addressed as Petitioner and Respondent as per their array in O.P.No.46 of 1992.2. Petitioner married the daughter of the respondent (appellant herein) on 27-3-1985 and they were blessed with two children Chinna Rao and Chandrasekhar Rao, aged 5 and 3 years respectively as on the date of 61ing of the O.P. The respondent, who is the father of the petitioner's wife Padmavathi, has executed a settlement deed in favour of his late daughter Padmavathi giving 50 cents of land for her life and vested remainder to the minor son Chinna Rao. While so, on 10-4-1990, Padmavathi died of bum injuries and a criminal case under Section 304B IPC was registered against the peti...
Medikoti Satyanarayana Vs. Depot Manager, Apsrtc, Paderu and ors.
Court: Andhra Pradesh
Decided on: Dec-15-1997
Reported in: 1998(2)ALD395
ORDER1. The petitioner, son of late M.T.V.K. Subba Rao who died in harness while working as a Driver in the respondent-Corporation on 1-12-1988, filed this writ petition seeking a direction to the respondents to appoint him as a Cleaner or in any other suitable post in Visakhapatnam region or West Godavari region of the respondent-Corporation, in March 1997.2. This writ petition was filed by contending that the respondent-Corporation did not given appointment on the ground that there is a dispute between the mother of late Subba Rao and the mother of the petitioner herein with regard to the legal heirship and even if there is a dispute regarding the legal heirship between the wife and mother of late Subba Rao, Ihe respondent-Corporation cannot refuse to give appointment to the petitioner. Hence, I gave a direction in WPMP.No.7302 of 1997 dated 29-4-1997 directing the Corporation to consider his case for appointment within four weeks from the date of receipt of the order. While the resp...
M. Chandra Obula Reddy Vs. District Collector, Cuddapah Dist and ors.
Court: Andhra Pradesh
Decided on: Dec-13-1997
Reported in: 1998(2)ALD73; 1998(2)ALT511
ORDER1. The order of appointment of the petitioner as Fair Price Shop Dealer of Chowtupalli village of Proddutur Mandal is under challenge in the writ petition.2. The facts are as under :In pursuance of the notification issued in April, 1990 applications were called for the appointment of P.P. Shop dealer to the shop at Chowtupalli village. The petitioner and thefourth respondent, among others, had applied. The third respondent, considering the applications of the applicants, appointed the petitioner by order dated 12-3-1991. Aggrieved by the said order, the fourth respondent filed appeal before the Joint Collector (Respondent 2 herein) and the Joint Collector by order dated 22-3-1993 allowed the appeal setting aside the order of appointment on several grounds. The petitioner filed a revision petition before the first respondent challenging the order of the Joint Collector and by an order dated 25-10-1997 the revision was rejected confirming the order under appeal. The petitioner now c...
Sunkari Malakondaiah Vs. Sreekaram Malakondaiah
Court: Andhra Pradesh
Decided on: Dec-13-1997
Reported in: 1998(2)ALD129; 1998(2)ALT41
ORDER1. This revision is directed against the order passed by the District Munsif, Kanigiri in OS No.72 of 1996, wherein it is held that the letter dated 16-11-1990 is unstamped bond.2. The facts of the case lie in a very narrow compass. The petitioner-plaintiff has filed a suit for recovery of money on the strength of a pronote dated 19-11-1987 and acknowledgment of liability dated 19-11-1990. During the examination-in-chief, the petitioner-plaintiff wanted to prove the letter of acknowledgment dated 19-11-1990. The respondent-defendant objected the proof of document dated 19-11-1990 on the ground that it is a bond and, therefore, it is inadmissible in evidence until it is duly impounded.3. The document dated 19-11-1990 recites that the executant had borrowed a sum of Rs.23,500/- vide document dated 19-11-1987 and had repaid Rs.6,000/- in two instalments. The executant undertook to pay the balance amount after finalising the account before 31-3-1991.4. The trial Court, taking the view...
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