Court : Andhra Pradesh
Reported in : 2000ACJ918; 1999(1)ALD245; 1999(1)ALT113
1. Insurance company is the appellant which has been held liable by the Motor Accidents Claims Tribunal, Visakhapatnam, to pay an amount of Rs.1,25,200/- jointly and severally with the respondent No.7 - owner of the bus.2. The facts giving rise to this appeal, in brief, are that on 20-6-1988 at about 7.40 a.m. the respondent No.6 by negligently driving the bus bearing No. AAV 419 dashed from behind the cycle of the deceased due to which the cyclist that is to say the deceased suffered serious injuries and died on the same day at about 5 p.m. in the K.G. Hospital, Visakhapatnam. The wife and children of the deceased laid a claim for Rs.2,00,000/- as compensation due to the sudden death of their bread-winner. They impleaded the Driver as respondent No. 1 in their claim petition but later abandoned the claim. The 2nd respondent remained absent after service of notice and he was proceeded ex parte. The appellant was impleaded as the third respondent. It denied the claim of the claimants in...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(1)ALD135; 1999(1)ALT77
ORDER1. Heard the learned Counselon both sides. 2. In this writ petition the petitioners seek to assail the surrender of the land and the buildings in their possession by respondents 4 to 8 herein to the Government under the provisions of Urban Land (Ceiling and Regulation) Act, 1976. According to the petitioners they have purchased the lands in question under an agreement of sale long prior to the date of the commencement of the Act from respondents 4 to 8 for valuable consideration and that subsequently registered sale-deeds were obtained by them on 15-10-1976 and 6-8-1979 after issuing notices under Section 26 of the Act to the competent authority, that they constructed buildings on the lands purchased by them long prior to the commencement of the Act, that respondents 4 to 8 have surrendered the land and buildings in the occupation of the petitioners with a mala fide intention, that the surrender proceedings are without any notice to the petitioners and the same were managed behind...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(1)ALD345; 1999(1)ALT340
ORDER1. This revision is filed by the decree-holders in EP No.373 of 1992 in OS No.90 of 1986 on the file of the 1st Additional Subordinate Judge, Visakhapatnam, questioning the impugned orders dated 4-2-1993 passed in EA No.1479 of 1992 in so far as they relate to the quantum of the amount for which execution was ordered.2. The revision-petitioners, who are the plaintiffs in OS No.90 of 1986, filed the said suit for partition and separate possession of their share in the suit property against the respondents herein, and preliminary decree with costs was passed on 15-9-1992. The said preliminary decree had become final as it was not questioned by the defendants/ respondents. Subsequently, the plaintiffs, who are the decree-holders, filed EP No.373 of 1992 for recovery of ihe suit costs awarded to them under the preliminary decree by seeking attachment and sale of the moveable property belonging to the defendants. The warrant of attachment was returned unexecuted on account of some obst...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(2)ALD668; 1999(2)ALT173
ORDER1. This Civil Revision Petition is filed against the order in IA No.1010 of 1997 in OS No.131 of 1991. The plaintiff is the petitioner. He filed a suit for mandatory injunction directing the Electricity Board to restore the power supply to his premises. The said power supply was disconnected on the ground that the petitioner has not paid the electricity charges. The petitioner contends that the slab system is in vogue and according to which he was paying the charges under Category I. In the suit when DW1 deposedthat the slab system was changed from Category I to II, namely, from residential to commercial system the petitioner filed a petition under Order 6 Rule 17 seeking amendment of the plaint. The petitioner contends that there should not be any change from Category I to Category II, namely, from residential to commercial since the change of slab system from Category I to Category II is without notice. Hence, he sought for amendment of the plaint seeking a declaration that the ...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(1)ALD193; 1999(1)ALT232
1. Writ petition No.15283 of 1990 was filed by the petitioner apprehending that her services will be terminated as Junior Lecturer in Economics in Sri Prasanna Gajanana Junior College for Girls, Hyderabad which is under private management and which was admitted to grant-in-aid on the ground that she has not been allotted by the College Service Commission and sought for a writ of Mandamus seeking a direction to the respondents to regularise herservices and to absorb her on regular basis with all consequential benefits as she was working in that capacity since 5-8-1985 on ad hoc basis. She also filed WP MP No. 19629 of 1990 to direct the respondents to continue her services as Junior Lecturer in the College on the same terms and conditions till she is absorbed on regular basis.2. This Court while ordering notice before admission in the writ petition directed that this writ petition be posted along with Writ Petition Nos.14313 of 1990 and 15320 of 1990 on 21-11-1990 by order dated 7-11-19...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(1)ALD128
ORDERBilal Nazki, J 1. This batch of Writ petitions raise some questions of law and fact and revolve around the interpretation to be placed on relevant entries in the First Schedule of the Andhra Pradesh General Sales Tax Act, 1957. These petitions also raise questions with regard to the power of the Government to issue circulars interpreting the entries in the Schedule to the A.P. General Sales Tax Act, 1957. These petitions are therefore proposed to be decided through one common judgment.2. A common counter has been filed and we have heard the learned Counsel for the parties in detail. Controversies have been raised in the light of the following material facts :The petitioners in all the Writ petitions are dealing with edible oils and are private limited companies registered in accordance with law. They are also registered as dealers under the A.P. General Sales Tax Act, 1957 (hereinafter referred as 'APGST Act') and the Central sales Tax Act, 1956 (hereinafter referred as 'CST Act')...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(6)ALD678; 1998(6)ALT266
ORDER1. The petitioner, in the writ petition, has sought for a writ of mandamus declaring the action of the respondents in seeking to dispossess the petitioner from Ac.15.76 cents of dry land in PattaNo.476 in Survey No.356/1 of Podalakuru village and Mandal, Nellore District belonging to the 4th respondent-temple in respect of which the petitioner is a statutory tenant as illegal, arbitrary and violative of Articles 14, 19(1)(g), 21 and 300-A of the Constitution of India and also violative of provisions of the A.P. (Andhra Area) Tenancy Act and pass appropriate consequential order as this Court deems fit in the facts and circumstances of the case.2. In response to Rule Nisi the respondents have filed counter.3. The facts stated by the petitioner in the affidavit in brief be stated thus: The father-in-law of the petitioner, namely, Sri Molabanti Subba Rao was the statutory tenant of the subject land; the tenancy commenced around the year 1972-73 and he was paying rent at the rate of R....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(1)ALD137; 1999(1)ALT28
ORDER1. When the WP MPs. came up for hearing, the learned Counsel for both parties have addressed arguments on the main writ petition itself. As such the writ petition is being finally disposed of after hearing the learned Counsel for all the parties.2. This is a writ petition filed by 27 persons questioning the proceedings initiated by the respondents under the Land Acquisition Act for the acquisition of an extent of Acs.34-11 guntas of land belonging to the petitioners herein for thr purpose of expansion of export promotional industrial park by the A.P. Industrial Infra-structure Corporation (A.P.I.I.C.), the 5th respondent herein. The notification under Section 4(1) was published in the Gazette on 4-3-1996 and also in two daily newspapers dated 25-4-1996. The substance of the 4(1) notification was published in the locality on 6-5-1996. Invoking the urgency clause the enquiry under Section 5-A was dispensed with and the declaration under Section 6 was published in the Gazette on 6-3-...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(2)ALD449; 1999(1)ALT(Cri)370
ORDERA. Hanumanthu, J1. All these three appeals arise out of Sessions Case No.75 of 1993 on the file of Sessions Judge, West Godavari Division at Eluru. Criminal Appeal No. 1060 of 1997 has been preferred by accused Nos. 1,2,3,4 and 7; Criminal Appeal No.795 of 1997 has been preferred by accused No.6; and Criminal Appeal No,1 126 of 1997 has been preferred by accused No.3. Accused No.5 died pending trial of the case.2. All the appellants were tried for the offences punishable under Sections 120-B, 148 and 302 of Indian Penal Code for the murder of Tatikayala Taiaiah alias Pedda Kapu-deceascd on 10-12-1992 at about 3.00 p.m. at the fish tank of one Dr. Konda Reddy Rama Rao near Mutyalamma Temple at Mutyalammapuram village within the limits of Tadepalligudem Rural Police Station.3. The case of the prosecution, in brief, is as follows:(i) Al and A2 are brothers and the other accused their close associate. All the accused are residents of Tadepalligudem, The deceased was also resident of t...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(1)ALD254; 1999(1)ALT400
ORDER1. This writ petition raises an interesting question regarding interpretation of Sections 18 and 23 of the Land Acquisition Act, 1894 (for short 'the Act').2. An extent of 33 acres of land in Survey Nos.397/2 and 410 of Mathamiagudem village was acquired for the purpose of construction of Yerrakalva Reservoir of which 8 acres of land is the subject-matter of this writ petition. It appears that with reference to acquisition of 8 acres of land. Notification under Section 4(1) of the Act was given and subsequently an award came to be passed on 15-10-1993. The case of the petitioner is that in the said 8 acres of land there existed Bamboo plantation and, therefore, he is entitled to compensation for the Bamboo apart from the value of the land acquired.3. The Land Acquisition Officer (LAO) while fixing the compensation payable to the petitioner treated Bamboo as standing crop and awarded the compensation accordingly. The case of the petitioner is that the Land Acquisition Officer ought...
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