Andhra Pradesh Court May 1998 Judgments

Oriental Insurance Company Limited, Hindupur Vs. A. Anjaneyulu, Superv ...

Court: Andhra Pradesh

Reported in: 1999(3)ALD697; 1999(2)ALT301

ORDER1. This revision is filed by the Insurance Company which is the first responded in OP No.46 of 1991 questioning the impugned orders of the Motor Accidents Claims Tribunal-cum-Additional District Judge at Hindupur in IA No.522 of 1992, dated 20-1-1993 by which the said petition filed for amendment of claim petition was allowed.2. The first respondent herein is the injured-claimant in OP No.46 of 1991. The said claim petition was filed seeking compensation for the injuries received by the claimant in a motor accident. In the claim petition it was pleaded by the first respondent herein at the first instance that on the date of accident he travelled as a passenger by paying a fare of Rs.5.00 and that while travelling as such passenger he received injuries in the accident that was caused. After the evidence on behalf of the both sides was over and when the petition was coming up for arguments the claimant filed IA No.522 of 1922 under Order VI Rule 57 of the Code of Civil Procedure see...

United India Insurance Co. Ltd. Vs. Sunku Radhakrishna Shetty

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. This appeal is preferred by the United India Insurance Company Limited represented by its Divisional Manager, Divisional Office at Anantapur which was the opposite party in C.D. No. 227/1992 being aggrieved by the order of Anantapur District Forum dated 8.7.1997 allowing the C.D. and directing it to pay a sum of Rs. 16,145 /- with 12% interest from 13.8.1992 till realisation and also to pay costs of Rs. 300/-. 2. The respondent in this appeal was the complainant in the C.D. In his complaint he states that he was a partner of a registered partnership firm by name M/s. Bhagya Lakshmi Financiers of Guntakal and that it was dissolved on 31.3.1994 by a deed of dissolution and that the same was intimated to the Registrar of Firms, Hyderabad. Under the deed of dissolution other partners of the firm agreed to give away the running business of the firm to the complainant and since then he had been running the business of the firm as proprietary concern. One C.V. P...

Manager, M/S. United Enterprises Vs. B. Venkateswara Rag

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. This is an appeal preferred by the opposite party in C.C. No. 312 of 1994 questioning the order of the Visakhapatnam District Forum dated 6.2.1997 allowing the said case and directing him to dis- continue Own Your Bajaj Chetak (Mutual Donation System) Scheme started by it and also not to repeat such unfair trade practices and to pay Rs. 5,000/- as costs to the complainant. 2. The complainant is the respondent before us. According to him he paid a sum of Rs. 5,850/- under the scheme in question started by the appellant and the appellant issued booklet Bearing D No. 2218 in quadruplicate (marked as Ex. A1) asking him to get payment from four persons of Rs. 5,850/- each. The respondent further stated in his complaint as follows: When the complainant approached his friends and relatives for sale of the tickets they informed the complainant that there was a publication against the opposite party on 15.7.1993 that they were not genuine and were arrested by the ...

Pendikatta Kiran Mani Bala Vs. Sri Venkateswara Institute of Medical S ...

Court: Andhra Pradesh

Reported in: 1998(4)ALD622; 1998(4)ALT423

ORDERUmesh Chandra Banerjee, C.J.1. This appeal is directed against the order of the learned trial Judge dismissing writ application though, however, with a direction that the respondents ought to consider the case of the petitioner in the event of a vacancy arising in future.2. The contextual facts have been very lucidly dealt with by the learned trial Judge and we do not repeat the same to avoid prolixity, excepting where it is required to be dealt with.3. The selection process started by the issuance of a notification published in the daily newspaper 'Eenadu'dated 12th October 1995 by Sri Venkateswara Institute of Medical Sciences, Tirupati, for the posts of Programme Assistant, Head Nurse/Nursing Tutors, Radiographer, Blood Bank Technician and Operation Theatre Assistant. The appellant-petitioner, in terms of the notification, did apply for the post of Programme Assistant and the Institute did send a call letter on 15th November, L995. The records depict that the selection process ...

Lata Builders and Another Vs. Lata Apartments Flat Owners Welfare Co-o ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. This application is filed by the opposite parries 1 and 2 in C.D. No. 68 of 1992 which was partly allowed by this Commission by order dated 26.8.1997 directing them to pay a sum of Rs. 1 lakh to the respondent No. 1 herein, who was the complainant in the C.D., within a period of two months from the date of the order etc. 2. The petitioners pray that the said order of the Commission should be set aside as it was made ex-parte and that the C.D. should be restored to file, their counters should be received, and then it should be disposed of on merits. 3. The Managing Partner of the first petitioner, Sri V. Madan Mohan Rao, has given an affidavit dated 31.12.1997 in support of this application. He states that the petitioners engaged Sri Mohan Rao and his colleagues as their Advocates to appear in the C.D. and that they filed their vakalat and that Mr. V.Rama Rao, Advocate was looking after the matter. He further states that in 1992 the Commission became defun...

Diddi Rambabu Vs. Principal, Hyderabad Public School, Ramanthapur and ...

Court: Andhra Pradesh

Reported in: 1998(3)ALD775; 1998(3)ALT310

ORDER1. All these four writ petitions are inter connected and the subject-matter is one and the same in all these writ petitions. Hence they are being disposed of by a common judgment. 2. Here are a set of persons claiming to be the respectable persons in the society who could become members of the General Body of the Hyderabad Public School Society from time to time as per the revised bye-laws of the society as approved by the Government in G.O. Ms. No.2713, dated 20-10-1965 wherein the General Body of the society was constituted apart from the Board of Governors to fulfil the requirements of Indian Public Schools Conference that the school seeking for affiliation from the Conference should have a scheme of management, but have no respect for law and they could successfully frustrate the constitutional mandate as envisaged under Article 15(4) of the Constitution of India intended to bring the socially and educationally backward classes of citizens to the main stream of the society by ...

Prof. M.V. Nayudu (Retd.) Vs. Secretary to Govt. of A.P., Ma and Ud De ...

Court: Andhra Pradesh

Reported in: 1998(3)ALD688

ORDERUmesh Chandra Banerjee, CJ 1. Global maturity in recent years in regard to the concept of ecological imbalance cannot in any way be doubted -- but what does the expression 'ecology' means : Ecology in common acceptation mean and imply the study of home or the household of nature to be kept in order. George L Clarice in his Elements of Ecology has stated that every living thing is surrounded by materials and forces which constitute its environment and from which it must derive its needs and contact with the environment is inescapable. It is on this perspective, it is to be considered as to whether on the wake of Twenty First Century when there is such an awareness and maturity throughout the Globe in regard to maintenance of ecological equilibrium, Law Courts should be justified to lend a blind eye and deaf ear in regard to this concept of ecological imbalance if raised before it. Ecological imbalance, undoubtedly, is a social problem and in this context the observations of the Cal...

Nava Bharath Agricultural and Commercial Corporation, Vijayawada Vs. C ...

Court: Andhra Pradesh

Reported in: 1998(4)ALD87; 1998(3)ALT655

ORDERS.V. Maruthi, J. 1. The Special Appeals arise out of the order of the Commissioner, Commercial Taxes, dated 11-4-1990. The facts in brief are as follows:The appellant in both the appeals viz., M/s. Nava Bharat Agricultural and Commercial Corporation, Vijayawada is a dealer in Tractors Spares which are purchased by ryots for the purpose of utilising in repairs of tractors used in agriculture operations. Tractors are liable to tax at the rate 3 paise under Section 3(1) of the Madras General Sales Tax Act, 1939 (for short the 'MGST Act') at every point of sale and also liable to additional tax at the rate of 6 paise on first sale under Section 3(2) of the MGST Act. For the assessment years 1974-75 and 1975-76 the appellant collected tax from the buyers at the above rates and paid to the Department which assessed at the same rate by the assessment orders dated 21-7-1975 and 26-1-1977. The appellant came to know that the Sales Tax Appellate Tribunal held in TA No,337/77 that tractors' ...

State Bank of India and Others Vs. M. Rajaiah and Others

Court: Andhra Pradesh

Reported in: 1998(4)ALD211; 1998(3)ALT727

ORDERSyed Saadatulla Hussatni, J 1. The Industrial Disputes Act, 1947 was enacted by Parliament to make provisions for the investigation and settlement of industrial disputes. The legislation is enacted to ensure social justice to both employers and employees and advance the progress of industry by bringing about the existence of harmony and cordial relationship between the two parties of industry.2. The Supreme Court in the case of Gammon India Ltd. v. Union of 'India, : (1974)ILLJ489SC , has pointed out the object and scope of the Industrial Disputes Act as follows :'The Act was passed to prevent the exploitation of contract labour and also to introduce better conditions of work. The Act provides for regulation and abolition of contract labour. The underlying policy of the Act is to abolish contract labour, wherever possible and practicable, and where it cannot be abolished altogether, the policy of the Act is that the working conditions of the contract labour should be so regulated ...

Society for Preservation of Environment and Quality of Life (Speql) Re ...

Court: Andhra Pradesh

Reported in: 1998(3)ALT516

Umesh Chandra Banerjee, C.J.1. Global maturity in recent years in regard to the concept of ecological imbalance cannot in any way be doubted - but what does the expression 'ecology' means: Ecology in common acceptation mean and imply the study of home or the household of nature to be kept in order. George L. Clarke in his Elements of Ecology has stated that every living thing is surrounded by materials and forces which constitute its environment and from which it must derive its needs and contact with the environment is inescapable. It is on this perspective, it is to be considered as to whether on the wake of Twenty First century when there is such an awareness and maturity throughout the Globe in regard to maintenance of ecological equilibrium, Law Courts should be justified to lend a blind eye and deaf ear in regard to this concept of ecological imbalance if raised before it. Ecological imbalance, undoubtedly, is a social problem and in this context the observations of the Calcutta ...