Andhra Pradesh Court October 1998 Judgments

“scare” (Society for Consumer Awareness Redressal and Educat ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. Heard the learned Counsel for the Complainant. Counsel for the opposite parties not present. We have gone through the complaint and the documents filed alongwith the complaint and also the counter affidavit dated 9.3.1998 filed on behalf of the opposite parties after about 5 years after the present complaint was presented on 2.7.1993. After the complaint was presented on 2.7.1993, the Life Insurance Corporation of India (LIC) paid Rs. 60,630/- payable to the nominee Smt. Nageswari under the Jeevan Mitra policy bearing No. 692260859 for Rs. 30,000/- taken by her deceased husband late Mr. M. Kali Das. The policy itself was taken on 28.3.1991 and the monthly premia for March and April, 1991 were paid. 2. The claim of the complainant was repudiated by the opposite parties by the letter dated 12.8.1992 on the ground that it was in a lapsed condition when Mr. M. Kali Das died on 26.7.1991 because the premium for the months of May and June, 1991 were not paid. I...

Anisetty Krishna Rao and Another Vs. Sri Radhakrishna Vasuku Kshetram, ...

Court: Andhra Pradesh

Reported in: 1999(1)ALD349; 1999(1)ALT269

1. This appeal is directed against the Judgment and decree dated 31-12-1990 passed in AS No.10 of 1982 on the file of the Additional Sub-Court, Narasaraopet, confirming the Judgment and decree dated 14-12-1981 passed in OS No. 100 of 1978 on the file of the II Additional District Mtmsif Magistrate Court, Narasaraopet, Guntur District.2. The appellants herein are the defendants and the respondent herein is the plaintiff in the said suit OS No.100 of 1978. The parties are being referred to as they are arrayed in the suit for the sake of convenience.3. Sri Radha Krishna Vasitki Kshetram, Burnpet, Narasaraopet, represented by its founder Sri Kathula Rajasimhudu, filed the suit for the relief of permanent injunction restraining the defendants and their men from interfering with the peaceful possession and enjoyment of the suit property i.e., Ac.l.40 cents situtate in T.S. No.6 in Block 1 of Ward No. 1 of Narasaraopet Municipality. The case of the plaintiff is that the suit property original...

Oriental Insurance Company Ltd., Rajahmundry Vs. Golagani Nagamani and ...

Court: Andhra Pradesh

Reported in: I(1999)ACC500; 1999(1)ALD341; 1999(1)ALT361

1. This appeal is directed against the judgment and award dated 24-2-1992 passed in OP No.476 of 1990 on the file of the Motor Accidents Claims Tribunal (District Judge), East Godavari, Rajahmundry. The parties will be referred to with reference to their status in OP before the Tribunal.2. The Oriental Insurance Company Limited, which was Respondent No.3 before the Tribunal is the appellant herein and Respondents Nos.1 to 5 are the petitioners-claimants before the Tribunal. Respondent No.6 is said to be the driver of the vehicle and Respondent No.7 is the owner of thevehicle involved in the accident. The Tribunal awarded a total compensation of Rs.93,000/- in favour of petitioner Nos.l to 5 on the basis of the finding that the accident on 26-6-1990 occurred due to the negligence of the driver (Respondent No.6) resulting in the death of G. Venkata Rao on whom the Petitioners Nos.l to 5 were deponent for their maintenance. In this appeal, the finding as to negligence of the driver and th...

T. Raghunatha Reddy and ors. Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Reported in: 1998(2)ALD(Cri)721; 1998(2)ALT(Cri)560; 1999CriLJ4857

ORDERNeelam Sanjiva Reddy, J.1. A1 to A3, A5 and A7 in SC No.95/94 on the file of the II Addl. Sessions Judge, Cuddapah, are the appellants. Crl. RC No.478 of 1998 is filed against the acquittal of A6 and AS. A4 died and the case against her abated. Al to A3, A5 to A8 were tried on four charges framed under Sections 302 and 304-B IPC and Sections 3 and 4 of Dowry Prohibition Act. A1 to A3, A5 and A7 were convicted of the offence punishable under Section 302 IPC and sentenced to life imprisonment. Al to A3, A5 and A7 were convicted of the offence punishable under Section 304-B IPC and sentenced to 7 years rigorous imprisonment and to pay a fine of Rs.100. Al to A3, A5 and A7 were convicted of the offences punishable under Sections 3 and 4 of the Dowry Prohibition Act and sentenced to 2 years rigorous imprisonment and to pay a fine of Rs.100/- on each count. A6 and A8 were acquitted of all the charges. All the sentences were directed to run concurrently.2. The substance of the charge aga...

N. Sreekumari V. Nadipalli Venkata Vs. Nagendra Prakash

Court: Andhra Pradesh

Reported in: 1998(6)ALD288; 1998(6)ALT21

ORDER1. All the rivers do not have straight course line. Some pass through difficult serpentine course before they join the straight line; so also the lives of some human beings are not straight. They are coupled with many ups and downs. Here is the case of young broken hearts struggling for an amicable solution for reunion of their hearts and souls.2. Marriage between the petitioner and respondent was solemnised in 1993 and differences arose between them shortly. They started living separately from 1995. Though the parties are educated, they were not in a position to reconcile each other and consequently they fell in legal battles exerting their respective rights.3. The petitioner in this Transfer CMP is the wife, who is seeking transfer of OP ^'o.!24 of 1997, pending on the file of the Principal Subordinate Judge, Ranga Reddy District, filed by the husband (respondent herein) for divorce. It also appears that the wife had already filed OP No.40 of 1997 for restitution of conjugal rig...

Commissioner of Income Tax, A.P.-i, Hyderabad Vs. Bakelite Hylam Ltd., ...

Court: Andhra Pradesh

Reported in: 1998(6)ALD372; [1999]237ITR392(AP)

ORDERMotilal B. Naik, J. 1. This ITC is filed under Section 256(2) of the Income Tax Act, 1961 against the decision of the Income Tax Appellate Tribunal, Hyderabad 'B' Bench in RA No.3817Hyd/94 dated 23-1-1995, by the Commissioner of Income Tax, Andhra Pradesh-I, Hyderabad, seeking a direction from this Court to the Income Tax Appellate Tribunal (For short 'the Tribunal') to state the case and refer the following questions of law formulated by it, for the opinion of this Court, viz-,(1) Whether on the facts and in the circumstances of the case, the ITAT is correct in law in vacating the order under Section 263 dated 17-3-1993 passed by the CIT? (2) Whether on the facts and in the circumstances of the case, the ITAT is correct in law in coming to the conclusion that an assessment made under Section 143(3) can result in refund with effect from 1-4-1989? The assessee-Company filed its return of income tax for the assessment year 1989-90 on 29-12-1989 admitting a net income of Rs-2,32,41,7...

itc Bhadrachalam Paperboards Limited Secunderabad Vs. State of Andhra ...

Court: Andhra Pradesh

Reported in: 1998(6)ALD443

ORDERMotilal B. Naik, J.1. All these six Tax Revision Cases arise out of the common order passed by the Sales Tax Appellate Tribunal, Hyderabad, dated 18-10-1993. As the petitioner-company is same and the common questions of law to be adjudicated are also same in all these revisions, they arc heard together and are being disposed of by this common judgment.2. TRC No.23 of 1994 is filed against TA No.192 of 1992, TRC No.24 of 1994 is filed against TA No.194 of 1992, TRC No.25 of 1994 is filed against TA No.325 of 1992., TRC No.26 of 1994 is filed against TA No.322 of 1992, TRC No.27 of 1994 is filed against TA No.191 of 1992 and TRC No.30 of 1994 is filed against TA No.321 of 1992.3. The petitioner-Company has raised the following common questions of law for a decision by this Court, viz.,(1) Whether coal and coat-ash (cinder) arc to be treated as the same commodity oras different commodities for the purpose of taxation under the APGST Act,1957? (2) Whether coal-ash is a product of the...

P. Narayana Rao Vs. A.P. State Meat and Poultry Development Corporatio ...

Court: Andhra Pradesh

Reported in: 1998(6)ALD362; 1998(6)ALT157

ORDER1. The petitioner was selected by the Andhra Pradesh Public Service Commission and joined service of the State of Andhra Pradesh as Veterinary Assistant Surgeon in the year 1962. On 1-11-1977 the Andhra Pradesh State Meat and Poultry Development Corporation Limited (R1) was formed. The said Corporation is admittedly a company registered under Companies Act and it is a Government Company as per Section 617 of the Companies Act. It appears that when the above-mentioned respondent-Corporation was created some of the employees working with the Government of Andhra Pradesh in the Veterinary Department were given option to join service of the first respondent-Corporation under G.O. Ms. No.400, dated 2-6-1978. Pursuant to the said order the petitioner gave an unconditional option to be absorbed into service of the first respondent-Company with effect from 2-6-1978. The petitioner ceased to be an employee of the State of Andhra Pradesh and became an employee of the Corporation. Thereafter...

W. Veerabhadra Rao Vs. Nedungudi Bank Limited and ors.

Court: Andhra Pradesh

Reported in: 1998(6)ALT216

ORDERC.V.N. Sastri, J.1. Heard the learned Counsel for all the parties. These three revision petitions and CMP (SR) No. 68210 (CMP No. 20367) of 1998 in C.R.P.No. 3740 of 1998 can be disposed of by a common order since they arise out of the self-same execution proceedings.2. The question which arises in these revision petitions is whether the Executing Court can extend the time for depositing the amounts as per Rules 84 and 85 of Order 21 C.P.C. by the auction purchaser. Rule 84 (1) provides that on every sale of immovable property, the person declared to be the purchaser shall pay immediately after such declaration a deposit of 25% on the amount of his purchase money to the Officer or other person conducting the sale and in default of such deposit, the property shall forth with be resold. Rule 85 provides that the full amount of purchase money payable shall be paid by the purchaser into the Court before the Court closes on the 15th day from the sale of the property. As per the Andhra ...

Oriental Insurance Co. Ltd. Vs. Golagani Nagamani and ors.

Court: Andhra Pradesh

Reported in: 2000ACJ1527

Vaman Rao, J. 1. This appeal is directed against the judgment and award dated 24.2.1992 passed in O.P. No. 476 of 1990 on the file of the Motor Accidents Claims Tribunal (District Judge), East Godavari, Rajahmundry. The parties will be referred to with reference to their status in O.P. before the Tribunal.2. The Oriental Insurance Co. Ltd. which was respondent No. 3 before the Tribunal is the appellant herein and respondent Nos. 1 to 5 are the petitioners-claimants before the Tribunal. Respondent No. 6 is said to be the driver of the vehicle and respondent No. 7 is the owner of the vehicle involved in the accident. The Tribunal awarded a total compensation of Rs. 93,000 in favour of petitioner Nos. 1 to 5 on the basis of the finding that the accident on 26.6.1990 occurred due to the negligence of the driver (respondent No. 6) resulting in the death of G. Venkata Rao on whom the petitioner Nos. 1 to 5 were dependent for their maintenance. In this appeal, the finding as to negligence of ...