Andhra Pradesh Court November 1999 Judgments

Apsrtc, Mushirabad, Hyderabad and Another Vs. Chandramouli

Court: Andhra Pradesh

Reported in: 2000(4)ALD584; 2000(5)ALT654

ORDER1. These three writ appeals are disposed of by this common order. The only prayer made by the learned Counsel for the appellant-Corporation -is that the respondents in these writ appeals were removed between the period 1985 and 1991 and though they were reinstated between 1996 and 1998, the benefit of giving them notional increments does not arise for the reason that the Labour Court has not awarded them the attendant benefits,2. The respondents herein filed writ petitions before this Court assailing the action of the appellant in not granting them the notional increments.3. There is no gain saying that it is well established by umpteen numbers of judgments that where the Labour Court has granted continuity of service the employees are entitled to notional increments resulting in financial benefit from the date of the award.4. There is no delay or laches in approaching this Court. All the respondents have approached well within three to five years. The delay is not such as inordin...

United India Insurance Company Limited Vs. Bairi Rajaiah and Another

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. We heard the learned Counsel for the appellant on 15.9.1999 and we perused the record of the District Forum in O.P. No. 280/1996. 2. The order of the Karimnagar District Forum in that O.P. dated 31.7.1996 is sought to be questioned by the second opposite party i.e., United India Insurance Company Ltd., on the ground that the son of the complainant, Sri Bairi Srinivas who was the insured, was killed in an encounter with the police on 13.11.1994 and that, therefore, and even otherwise was covered by the Exception Clause his death was not accidental. That Bairi Srinivas was covered on that day by a Group Personal Accident Policy was not disputed by the appellant. 3. One reason for repudiating the claim of the complainant, who was the nominee under the policy, was that the insured was killed in an encounter and that an encounter death was not death in accident. The other ground was that the death was not intimated immediately after 13.11.1994, but belatedly. ...

Seelam Ramanamma Vs. Divisional Manager, Life Insurance Corporation of ...

Court: Andhra Pradesh

Reported in: 2000(1)ALD406

1. This appeal is by the plaintiff against the judgment and decree dated 8-4-1987 made in OS No.3 of 1981 on the file of the Subordinate Judge, Ongole, dismissing the suit.2. The suit is filed for recovery of a sum of Rs.63,000/- being the principal and interest from the defendant-Insurance Company by the widow of insurer, late Veerappa Naidit, who took a policy with the defendant-Corporation for a sum of Rs.50,000/- under the Endowment Insurance Policy No.36618009. He died on 10-8-1976 on account of blood pressure. The plaintiff requested the Corporation to settle the amount, instead the Corporation repudiated the claim by proceedings dated 31-8-1977 on the ground that the deceased-policy holder suppressed two material aspects viz., having suffered florosis disease, blood pressure and as to the correct age. It was claimed by the appellant/plaintiff that the Corporation having processed the policy with due medical examination could not plead ignorance of these aspects. Therefore, the b...

Shaik Abdul Khader and Another Vs. Vakantham Nagabhushana Rao and Othe ...

Court: Andhra Pradesh

Reported in: 2000(1)ALD458

1. This is a Second Appeal by the unsuccessful plaintiffs in the suit. The suit was filed for declaration of title and for permanent injunction in respect of the plaint A and B schedule properties. Subsequently, the suit was converted into one for possession also. 2. It is the case of the plaintiffs that the 1st defendant who was the original owner of the suit properties sold the same to his daughter Juleka Bi and her husband Kutubuddin (PW2) under three Registered Sale Deeds dated 22-8-1955, 22-8-1955 and 10-4-1957 marked as Exs.A1 to A3 respectively and that they in turn sold the same to Plaintiffs 1 and 2 under Registered Sale Deed dated 15-2-1974 (Ex.A4). It is the further case of the plaintiffs that the 1st defendant subsequently executed a sham and nominal sale deed dated 8-4-1974 (Ex.B26) covering the suit properties in favour of defendants 2 and 3. As defendants 2 and 3 tried to interfere with the suit properties under the guise of the sale deed obtained by them, the plaintiffs...

Agnigundala Venkata Ranga Rao Vs. Indukuri Ramachandra Reddy and Anoth ...

Court: Andhra Pradesh

Reported in: 2000(1)ALD585

1. This appeal is directed against the order passed by the Additional Senior Civil Judge, Narasaraopet, in IA No.788 of 1998 in OS No.98 of 1998 on 22-3-1999, whereby the application for temporary injunction has been dismissed.2. On 29-10-1998, the appellant filed a suit for permanent injunction against the respondents alleging that he is the owner in possession of Ac.22-76 cts. of land situated in village Agnigundala (for short 'the suit fields') and had raised cotton crop in about Ac.6-00 cts., maize and red gram crop in about Ac.8-00 cts. and tobacco in Ac. 1-00 cts. and had ploughed the remaining suit fields for seedling, but the respondents had started threatening him to dispossess, therefore, the respondents should be permanently restrained from disturbing his possession over the suit fields. He also filed an application for temporary injunction and ex parts temporary injunction was granted. The respondents filed IA No.874 of 1998 for vacating the ex parte temporary injunction al...

M.A. Jabbar and Another Vs. Life Insurance Corporation House Building ...

Court: Andhra Pradesh

Reported in: 2000(2)ALD2; 2000(1)ALT385

1. CCCA No.36 of 1998 has been preferred against the judgment and decree dated 11-3-1997 passed by the learned 111 Additional Chief Judge, City Civil Court, Hyderabad, in OS No.311 of 1980 by the unsuccessful defendants 2 and 5 while arraying the other defendants in the suit as respondents 2 to 7.2. CCCA No.58 of 1998 has been preferred by the remaining defendants 1, 3, 4 and 6 to 8 against the same judgment and decree in OS No.311 of 1980 while arraying the defendants, 1, 2 and 5 as respondents 2 to 4. The plaintiff in the suit is the first respondent in both the appeals.3. Initially an ex parts decree was passed on 24-12-1981 when all the defendants remained ex parte in the suit; Later the said decree was set aside pursuant to the orders passed in IA No.392 and 393 of 1983 qua the defendants 2 and 5 alone on 20-3-1989. The petition filed by the 7th defendant in IA No.436 of 1983 was dismissed. The petitions filed by the remaining defendants seeking to set aside the exparte decree als...

S. Chennakesavulu Vs. Managing Director, A.P. Handloom Weavers Co-oper ...

Court: Andhra Pradesh

Reported in: 2000(3)ALD303

ORDER1. The petitioner, who was working as Manager in the service of the respondent-Society, filed this writ petition challenging the validity of the order dated 17-12-1983 dismissing him from service and praying for a consequential direction to reinstate him into service with all attendant benefits.2. The facts of the case, in brief, are:The petitioner was appointed as Inspecting Officer in the respondent-Society in the year 1957. In the year 1980 he was promoted as Manager, in charge, of the Central Godown at Cuddapah. While he was working in that capacity, he was charged with falsification of Society accounts and misappropriation of moneys. On a complaint given by the Divisional Marketing Officer of the Society, Police have registered a case,and after investigation prosecution was launched in CC No. 120 of 1982 in the Court of the I Additional Munsif Magistrate, Cuddapah, under Sections 120 read with 420, 477(4) and 409 1PC. In the meanwhile, departmental proceedings were also comme...

United India Insurance Co. Ltd. Vs. Sulochana and ors.

Court: Andhra Pradesh

Reported in: 2001ACJ1917; 2000(6)ALT765

ORDERGhulam Mohammed, J.1. This appeal is directed against an award made by the Tribunal in O.P. No. 113 of 1989 dated 5-12-94 wherein the Tribunal on appreciation of medical evidence awarded a sum of Rs. 40,000/- towards injuries sustained. The Insurance Company preferred the present appeal contending that the Tribunal ought not to have imposed liability on the Insurance Company in view of the fact that the injured was travelling as unauthorised passenger in goods vehicle i.e., tractor and trailer. The brief facts of the case are as follows:On 4-6-1987 the petitioner and some others were travelling in Tractor and Trailer bearing Nos. ADC 9286 and ATC 686 belonging to the first respondent and at about 3.00 a.m. when the tractor was proceeding on M.B.T. road, the driver of the tractor drove the same in rash and negligent manner with high speed due to which the tractor went off the road and hit a culvert and the petitioner and some others received injuries. A case was registered against ...

S. Purushotham Vs. District Collector, Karimnagar and Others

Court: Andhra Pradesh

Reported in: 2000(1)ALD108

ORDER1. The petitioner is working as Work Inspector on daily wage basis in the Engineering wing of the 4th respondent which is under the control of the 2nd respondent. He is aggrieved by the proceedings in A5/1569/APCS/94 dated 23-3-1999 (impugned proceedings) issued by the 2nd respondent. By the said proceedings, the petitioner's claim for regularisation of his services in the 2nd respondent was rejected. Therefore, the petitioner prays this Court for issue of a writ in the nature of writ of mandamus declaring the impugned proceedings as contrary to the orders of this Court dated 18-2-1999 in WA No.1276 of 1998 and pass further orders directing the respondents to regularise his services in the 2nd respondent, The facts in brief are as follows:The Andhra Pradesh Scheduled Caste Service Co-operative Society is an apex body having District Scheduled Caste Co-operative Societies at District level. They have various district units under the controlof Executive Director. The entire funding ...

Professor V.N. Dass Vs. Vice-chancellor, Sri Padmavathi Mahila Viswavi ...

Court: Andhra Pradesh

Reported in: 2000(1)ALD209; 2000(1)ALT18

ORDER1. Smt. V.N. Das professor in English in the first respondent university filed this writ petition seeking (1) issuance of a writ of mandamus duly declaring the action of the Vice-Chancellor in obtaining her resignation from the post of Registrar of the respondent university forcibly by threatening and pressurising her and accepting the same hastily (2) trying to justify her action by stating that the resignation of the petitioner was accepted by her in exercise of the power conferred on her under Section 10(3) of Sri Padmavathi Mahila Viswa Vidyalaya Act, 1983 (hereinafter referred as the Act) when the petitioner tried to withdraw her resignation (3) after accepting the resignation as Registrar in trying to post the petitioner as Professor in English by taking away headship of the department as illegal, void ab initio, without jurisdiction, perverse, abuse of power, colorable exercise of power, malicious and violative of Articles 14, 16 and 21 of the Constitution of India by makin...