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Andhra Pradesh Court November 1998 Judgments

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Nov 11 1998

New India Assurance Co. Ltd. Vs. Voika Marrubai and ors.

Court: Andhra Pradesh

Decided on: Nov-11-1998

Reported in: 2000ACJ647

R. Bayapu Reddy, J.1. This civil miscellaneous appeal is filed by the New India Assurance Co. Ltd., which is the respondent No. 2 in O.P. No. 243 of 1988 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-Additional District Judge, Adilabad, questioning the award relating to the extent of its liability to pay the compensation awarded to the claimants.2. The respondent Nos. 1 to 6 herein are the claimants. They filed O.P. No. 243 of 1988 seeking compensation on account of the death of the deceased V. Devanna in a motor vehicle accident that took place on 3.5.1988. The respondent No. 1 herein is the wife and respondent Nos. 2 to 6 are the minor children of the deceased. The respondent No. 7 herein is the owner of the lorry No. APK 7059 and it was duly insured with the appellant herein by the date of accident. On 3.5.88, the deceased who was employed as hamali (labourer) and who was aged about 40 years, was proceeding in the above said lorry belonging to the respondent No. 7...


Nov 10 1998

M.S. Murthy and Others Vs. Gold Stone Exports Pvt. Ltd. and Others

Court: Andhra Pradesh

Decided on: Nov-10-1998

Reported in: 1998(6)ALD817; 1999(1)ALT97

ORDERN.Y. Hanumanthappa, J 1. Allthese appeals are taken up together for disposal and they are disposed of by this Common judgment as the facts and questions of law raised are the same.2. The genesis of the present proceedings is the suit OS 41 of 1955 filed by one Dildar Unnisa Begum in the City Civil Court, Hyderabad, against various defendants, for a decree of partition of Matruka property of the late Nawab Khurshed Jah Paigah. This Court transferred the suit to the file of this Court itself for trial. The suit on such transfer, was numbered as CS 14 of 1958. The preliminary decree, on the basis of thecompromise, was passed on 28-6-1963 and as there was no appeal therefrom, it has become final. In the preliminary decree the subject matter of the present proceedings is item No.38 of Schedule IV of the plaint. Item No.38 corresponding to Sy.No.172 of Hydemagar village of an extent of Ac.196.20 gts., was allotted to plaintiff 2/defendants Nos.27, 50, 51, 52 and 116. In pursuance of the...


Nov 10 1998

Pesco Engineer, Vijayawada Vs. Union of India, S.C. Railway (East), Se ...

Court: Andhra Pradesh

Decided on: Nov-10-1998

Reported in: 1998(6)ALD813; 1998(6)ALT299

ORDERR. Bayapu Reddy, J 1. This appeal is filed by the plaintiff in O.S.2088/88 on the file of the V Additional Judge, City Civil Court, Hyderabad questioning the impugned judgment dated 20.1.1996 by which the suit filed underSection 20 of the Arbitration Act, 1940 (Old) was dismissed.2. The appellant, who is the plaintiff in the suit, entered into an agreement with the respondents, who represent the Government of India, for executing the work of construction of New Broad Guagc Railway line and other connected works and a written agreement dated 14-7-1983 was executed between them- The said agreement contains an arbitration clause to enable the parties to refer to the arbitrator if any disputes arise between them in connection with the execution of the said work. As disputes arose relating to payment of sonic amounts in connection with the above said work, the appellant submitted eight claims to the respondents on 9-7-1986 claiming the amount covered by the said claims. The respondents...


Nov 09 1998

S. Janardhan Rao and Others Vs. Director General, Acb of A.P. and Othe ...

Court: Andhra Pradesh

Decided on: Nov-09-1998

Reported in: 1999(2)ALD97; 1999(1)ALD(Cri)454; 1999(1)ALT302; 1999(1)ALT(Cri)169

ORDER1. This revision is filed for quashing the proceedings in CC No.16 of 1998 on the file of the learned Principal Special Judge for SPE and ACB Cases-cum-IV Additional Chief Judge, Hyderabad against the petitioners and one other. Before considering the contentions raised by the petitioners, it is necessary to state skeleton facts.2. Petitioner No.1 was working as a Metropolitan Sessions Judge at Hyderabad, in the State Judicial Service, during May, 1995 to September, 1996. He resides in Flat No.402 of 'Garudagagan Apartments' at Secunderabad. He is accused No.1 in the CCNo.16 of 1998, which is under challenge. Accused No.2 is one Mohd. Omer Bind Main, who was a police constable attached to the Court which was presided by accused No.1. However, accused No.2 is not amongst the petitioners. Accused No.3, who is petitioner No.2, is the wife of petitioner No.1 and is serving as a Teacher and residing in Excise Colony at Hanamkonda. Accused No.4 is the deaf and dumb son of accused No. I a...


Nov 09 1998

Veerla Venkaiah Vs. State of A.P.

Court: Andhra Pradesh

Decided on: Nov-09-1998

Reported in: 1999(1)ALD(Cri)82; 1999(1)ALT(Cri)254; 1999CriLJ1618

Vaman Rao, J.1. This appeal is directed against the Judgment of the learned Assistant Sessions Judge, Miryalaguda, rendered in S. C. No. 184 of 1992 on 17-12-1992, under which the appellant/accused was convicted for an offence under Section 307 IPC and was sentenced to undergo rigorous imprisonment for ten years, and also to pay a fine of Rs. 2,000-00, in default to suffer simple imprisonment for a period of six months.2. Facts relating to this appeal may be stated, briefly, as follows :3. PW-2, Kunchala Mohanamma is the wife of the accused. They were married about five years prior to the incident. They lived at Wadapally together for sometime. The accused is stated to have neglected PW-2. Thus, there were differences between them. PW-2 shifted to her parents at Nagarjunasagar. She took up a job in a drugs factory there. Two months prior to the incident, the accused also came down to live at Nagarjunanagar and asked his wife, PW-2 to join him. She refused. According to PW-2, she put up...


Nov 06 1998

Forest Range Officer, Lankapalli, Khammam District Vs. M.V. Ramana and ...

Court: Andhra Pradesh

Decided on: Nov-06-1998

Reported in: 1999(1)ALD98; 1999(1)ALT142

ORDER1. The orders of the DistrictJudge in Forest Appeal No.3 of 1990 dated 29-12-1995 were assailed by the Government in this revision filed under Article 227 of the Constitution of India.2. Heard both the Counsel.3. The admitted facts of the case arc that the vehicle bearing No.AP 16-T, 282 was confiscated by the Authorised Officer by his order dated 19-4-1990. Aggrieved by the said order the owner of the lorry carried the matter in appeal before the District Judge, Khammam. The learned District Judge reversed the order of the Authorised Officer mainly on the ground that the Authorised Officer has no powers to confiscate the vehicle and such a power vested only in the criminal Court and ultimately released the vehicle by order dated 29-12-1995. That order was assailed in this revision by the Government. This Court while giving notice on admission suspended the orders of the Appellate Court on 12-2-1997, Subsequently the revision was admitted on 4-7-1997.4. Smt. L Kanakamma, W/o. Kris...


Nov 06 1998

Sampatlal Ramlal Kimtee (Died) and Others Vs. Ananth Vijay Shridhar Na ...

Court: Andhra Pradesh

Decided on: Nov-06-1998

Reported in: 1999(2)ALD80; 1999(1)ALT184

ORDERP. Ramakrishnam Raju, J.1. Plaintiffs in both the suits are the appellants. They filed OS Nos.476 and 892 of 1983 on the file of VI Additional Judge, City Civil Court, Hyderabad for specific performance of two agreements of sale dated 23-4-1979 executed by defendants 1 and 2 along with their father, marked as Exs.Al and A2. Plaintiffs and defendants are common in both the suits, except Plaintiff No.8 in OS No.476 of 1983 who is said to be the subsequent agreement holder.2. The extent of land covered by those two agreements for sale are 4 acres 1517 Sq. yards (Ex.A2) and 12 acres 2280 Sq. yards and the price stipulated is at the rate of Rs.81,000/- per acre. Plaintiffs have paid a sum of Rs.1,47,765/- and Rs.17,420/-to the defendants towards part payment in respect of those two agreements for sale. These facts are not in dispute.3. According to the plaintiffs a formal exemption or permission under the Urban Land (Ceiling and Regulation) Act-hereinafter called the Act has to be obta...


Nov 06 1998

Kantham Narasimha Reddy and Others Vs. Puran Buchaiah

Court: Andhra Pradesh

Decided on: Nov-06-1998

Reported in: 1999(1)ALD231; 1999(1)ALT313

ORDER1. Heard the learned Counsel on both sides.2. These two revisions can be disposed of by a common order since they arise out of the same suit. CRP No. 4813 of 1997 is filed by the defendants questioning the order passed by the lower Court allowing anapplication filed by the plaintiff for amendment of the plaint. The other revision is filed by the plaintiff questioning a docket order dated 22-8-1997 holding that the memorandum of partition sought to be tendered by the plaintiff in evidence is not admissible.3. The suit is filed for declaration of title and for possession of the plaint schedule property on the plea that the suit property fell to the share of the plaintiff in an oral partition between him and his brothers and that the defendants trespassed into the same. However, in the plaint neither the date of the alleged oral partition nor the date of the alleged trespass by the defendants was mentioned and the relevant portions in the plaint were kept blank. The suit was filed in...


Nov 05 1998

Salla Govindu and Others Vs. State of A.P.

Court: Andhra Pradesh

Decided on: Nov-05-1998

Reported in: 1999(1)ALD317; 1999(1)ALD(Cri)37; 1999(1)ALT(Cri)117; 1999CriLJ1215; I(2000)DMC544

1. This appeal is directed against the judgment dated 9-10-1996 rendered in SC No. 19 of 1996 by the learned Sessions Judge, Vizianagaram convicting the accused for the offence under Section 304-B IPC and sentencing A1, A3 and A4 to undergo rigorous imprisonment for a period of seven years and sentencing A2 to undergo rigorous imprisonment for a period of 8 years and to pay a fine of Rs.500/- by each of the accused and in default to undergo rigorous imprisonment for six months each.2. PW1-Thota Lakshman Rao -married his daughter deceased-Salla Vijaya to A1 four months prior to the incident in this case. A2-Ravuri Savithri is said to be the grand-mother of Al by some relationship. A3-Kola Koti is the paternal uncle of Al. A4-Kola Laxmi is the wife of A3. According to the version of the prosecution, PW1 is a man of modest resources doing his small business of selling of bangles. At the time of marriage of the deceased PW 1 agreed to give dowry of Rs.6,000/- besides presenting a wrist wat...


Nov 05 1998

Dr. M.V. Ramkumar Ratnam and Others Vs. Govt. of A.P., Dept. of Higher ...

Court: Andhra Pradesh

Decided on: Nov-05-1998

Reported in: 1999(1)ALD279

1. In these cases once again it came to light how public monies are being squandered away due to various commissions and omissions made by the Executive without application of mind at all.2. In these two writ petitions a very important question which arises for consideration of this Court is whether the Merit Promotion Scheme introduced during the 6th five year plan to relieve stagnation and also to provide reasonable opportunities for professional advancement of the teachers which came to an end by 31-12-1985, can be operated even now, more so when the scheme was replaced by Career Advancement Scheme propounded by the University Grants Commission for the benefit of the teachers working in Central Universities, Colleges and other institutions financed by the Central Government on the basis of the report of Mehrotra's Committee with effect from 1-1-1986 and the career advancement scheme formulated by the State Government in G.O. Ms. No.520, Education, dated 15-12-1988 with effect from 1...


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