Andhra Pradesh Court April 1998 Judgments

New India Assurance Co. Ltd. Vs. Boda Hari Singh and ors.

Court: Andhra Pradesh

Reported in: 1998(6)ALT34

V. Bhaskara Rao, J.1. This appeal is directed against the award and judgment in MVOP. No. 450 of 1995 on the file of the Chairman, Motor Accidents Claims Tribunal (District Judge), Warangal dated 26-7-1996 awarding compensation of Rs. 35,000/- to the petitioner towards full satisfaction of the claim against the 3rd respondent-insurer, who is the appellant herein.2. The said MVOP has been dismissed against R-1 driver, and R-2 owner of the tractor bearing No. AP. 36-T 4008 and trailer bearing No. AP-3T-4009, which was involved in the accident.3. Sri K. Subba Rao, learned Counsel for the appellant-insurer contended that R1 and R2 remained ex parte and the claim against them has been dismissed by the learned Tribunal and when once the claim has been dismissed against the insured, there can be no liability against the insurer. In support of his contention he relied on a decision of the Supreme Court in Oriental Insurance Company Ltd. v. Sunita Rathi 1998 ACJ 121 (SC). It is further contende...

Branch Manager, State Bank of India Vs. Gogula Srinivasan and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. The only short question in this appeal is whether the award of Rs. 10,000/- for the loss of one year due to the negligence of respondent No. 1 in O.P. No. 152 of 1996, the appellant in the present appeal, in issuing a draft Ex. Al dated 6.10.1995 = Ex. B1 on non-existing Bank was without any basis and has to be interfered with by us. 2. The facts in brief are that the complainant in O.P. No. 152/1996, who is the first respondent before us, was at the relevant time in the final year course of Engineering and he wanted to appear for GRE examination conducted by ETS Princeton New Jersey (NJ) U.S.A. through Institute of Psychological and Educational Measurement (IPEM), Allahabad and for that purpose he obtained a D.D. for Rs. 3,050/- from the appellant Bank and sent it by post to I.P.E.M. Allahabad. The appellant Bank issued a draftbearing No. 795564 dated 6.10.1995 for Rs. 3,050/- "payable at IPEM, Allahabad". The complainant sent the draft alongwith other r...

Rajendra Kumar and Another Vs. Polskielinie Lotnicze, Polish Airlines ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

K. Ranga Rao, Member: 1. The appellants herein namely Rajendra Kumar and his wife Mary Anuradha filed a complaint C.D.C. No. 685/1990 before the District Forum, Hyderabad alleging against the respondents herein (opposite parties) with the following allegations. 2. The 1st complainant is the husband and the 2nd complainant is his wife. The 2nd complainant was sponsored by various Institutes including Jawaharlal Nehru Tata Endowment Institute for Higher Education for Indians abroad. The 1st complainant took the 2nd complainant to London for further studies and left her there and returned to India. After completion of the study and research, the 2nd complainant made arrangements for her return journey from London to India. The 1st complainant purchased a ticket for himself from opposite party No. 3 to go to London to bring back the 2nd complainant (his wife) to India and accordingly he went to London. At that time the 2nd complainant was in an advance stage of pregnancy. The 1st complaina...

Mantri Veera Mallaiah Vs. Bank Manager Central Co-operative Society Ba ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. The appellant questions the order of the Nalgonda District Forum dated 20.2.1997 in C.D. No. 91 / 1994 dismissing the C.D. for default observing that the appellant was not present and that the respondent was present. 2. The appellant contends that the District Forum ought to have allowed the complaint as prayed for and that he could not attend the hearing of the C.D. before the District Forum because he did not, admittedly, receive the notice dated 16.1.1997 informing him about the next date of adjournment. The District Forum observed that the notice was returned unserved with the postal endorsement that the petitioner was not in the house. But it is not incumbent on the District Forum to inform the complainant appearing in person every time when the matter is adjourned and it is for the complainant to ascertain and find out the next date of hearing. The appellant has not stated anywhere about the efforts made by him to ascertain the dates of hearing of h...

Hemalatha Vs. A.P.S.E.B. and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. This complaint has been preferred by an unfortunate girl of 16 years who was grievously injured by electric shock caused to her by a low- lying over-head High Tension Transmission line passing over the terrace of a flat in Plot No. 10 in Survey No. 586 (part) situated in front of Kondamadugu cross roads in Hyderabad- Warangal Highway near Bibinagar when she happened to be on that terrace at about 3.00 p.m. on 15.7.1993. The High Tension Transmission line, which was responsible for causing the electric shock to the complainant, was not a supply line for the flat in which she happened to be at that time. If a supply line caused the electric shock there would not have been the question whether the complainant was a consumer, at the relevant time, in relation to the A.P. State Electricity Board which is undoubtedly under an obligation to lay High Tension Transmission lines so that there is no possibility whatsoever for such accidents to occur. 2. The learned ...

M. Hari Shankara Narayana Vs. Addanki Srivaramakrishnaiah

Court: Andhra Pradesh

Reported in: 1998(4)ALD148; 1998(3)ALT820

ORDER1. The judgment in C.M.A.No.15 of 1992 on the file of Principal Subordinate Judge, Kumool, dated 18-3-1993 dismissing the appeal of the landlord and confirming the order of dismissal of eviction petition filed by the said landlord in R.C.C.No.4/91 on the file of the Rent Controller, Kumool, is assailed in this revision petition by the landlord. The parties will be referred to as 'landlord and tenant' for the sake of convenience. 2. The landlord filed the eviction petition R.C.C.No.4of 1991 under Section 10(3)(iii)(b) of A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short' 'the Act'') seeking eviction of the tenant from the demised premises which is a non-residential shop bearing D.No.67/22 C, Port, Kurnool on the ground of bona fide personal requirement for the purpose of starting textile show-room. The tenant is in occupation of the premises since 18-11-1972 on monthly rent and it is extended from time to time. The rent on the date of petition is Rs.825/- per m...

Naozar Chenoy Vs. Commissioner of Income-tax

Court: Andhra Pradesh

Reported in: [1998]234ITR95(AP)

S.V. Maruthi, J.1. At the instance of the assessee, the following questions are referred by the Tribunal :'1. Whether, on the facts and in the circumstances of the case, the assessee is entitled to the deduction of the sums of Rs. 43,107 ; Rs. 34,200; Rs. 60,000 ; Rs. 63,000 and Rs. 3,800 (in all aggregating to Rs. 2,04,107) as deduction in computing the capital gain on the sale of property belonging to the assessee at Sarojini Devi Road, Secunderabad ? 2. Whether, on the facts and in the circumstances of the case, the assessee is entitled to the deduction of the above amounts aggregating to Rs. 2,04,107 under any of the provisions of the Act or based on the doctrine of real income in computing the assessee's income chargeable to tax for the assessment year 1983-84 ?' 2. The facts in brief are as follows :The assessee owned a property at Secunderabad. The said property along with the adjoining property of his sister was sold for a sum of Rs. 30 lakhs. The assessee's share came to Rs. 1...

Mrs. G.Y. Chenoy Vs. Commissioner of Income-tax

Court: Andhra Pradesh

Reported in: (1998)148CTR(AP)106; [1998]234ITR89(AP)

S.V. Maruthi, J. 1. This is a reference under Section 256(1) of the Income-tax Act (for short 'the Act'), at the instance of the assessee. The facts in brief are as follows :The assessee, Mrs. G. Y. Chenoy, appointed her mother, Smt. Soona N. Chenoy, as her attorney and agent to sell property bearing No. 1-1-130 to 139, Sarojini Devi Road, Secunderabad, and to do all acts and things incidental thereto. Smt. Soona N. Chenoy took the help of one Sri. R. P. Karai alias Rustomji in settling the property. Sri Rustomji found a buyer and on behalf of Smt. Soona N. Chenoy received the sale consideration from Nataraj Constructions company either by cash or by cheques. The sale deed was executed on April 10, 1980, and registered on May 6, 1980. The cheques were deposited by him in the bank account of Smt. Soona N. Chenoy. Cash amounting to Rs. 1,12,500 is stated to have not been deposited in her account. Subsequent to deposit of the cheques in the account of Smt. Soona N. Chenoy, Sri Rustomji ob...

Managing Director, Apsrtc, Mushirabad, Hyderabad. and anr. Vs. K. Sant ...

Court: Andhra Pradesh

Reported in: 1998(4)ALD10

ORDERUmesh Chandra Banerjee, C.J.1. This appeal is directed against the order of the learned single Judge directing issuance of a writ of mandamus to appoint the petitioner to any suitable post in Class-IV or Class III services of the Corporation.2. The contextual facts depict that the writ petitioner applied for compassionate appointment in the year 1992 consequent upon the death of her father, who was an employee of the Corporation and who died in harness on 8-10-1991. But for some reason, the compassionate appointment did not take place and eventually the petitioner moved this Court under Article 226 of the Constitution late in the year 1997. It, therefore, appears from the factual score that a period of seven years has elapsed between the death of the father of the petitioner and the application being moved under Article 226 of the Constitution. Compassionate appointments are special in nature and ought not to be readily in vogue, Compassionate appointments are only meant to meet t...

Commissioner of Incom-tax, Ap-ii, Hyd. Vs. Mumtaz Yarud Dowla Waqf, Hy ...

Court: Andhra Pradesh

Reported in: 1998(4)ALD75; [1998]234ITR6(AP)

ORDERS.V. Maruthi, J.1. The following two questions are referred at the instance of the revenue:'(1) Whether on the facts and in the circumstances of the case, the assessee is entitled to exemption under Section 11 of the Income Tax Act, 1961 ? (2) Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal is correct in law in holding that the entire interest of Rs.1,38,368 was not liable to be taxed in the assessment of 1971-72 ?' 2. The facts in brief are as follows:The assessee is a waqf. The assessment year is 1971-72 for which the previous year ended by 31-3-1971. The claim of the assessee is that it is running an educational institution and it derived income therefrom in the accounting year relevant to assessment year 1971 -72 and the said income was exempt from income tax under Section 10(22) of the Income Tax Act. This contention was not accepted in the original assessment. The assessee filed an appeal against the said assessment before the App...