Andhra Pradesh Court July 1999 Judgments

Oriental Insurance Company Limited Vs. Naravath Najiram and Others

Court: Andhra Pradesh

Reported in: I(2000)ACC460; 2001ACJ1709; 1999(5)ALD545; 1999(5)ALT673

1. This Civil Miscellaneous Appeal was filed against the judgment and decree dated 9-3-1992 in OP No.5 of 1990 on the file of the Chairman (District Judge) Motor Accident Claims Tribunal, Nizamabad. The Tribunal held that the respondents 1 and 2 are liable to pay compensation of Rs.42,000/- with interest at 12% p.a. with proportionate costs.2. The appeal was filed by the Insurance Company mainly on the ground that it is not liable to indemnify the insured of the vehicle on the ground that at the time of occurrence of the accident, the policy was not in operation i.e., the accident was occurred on 23-12-1989 at 7-30 am and the owner of the vehicle has taken the policy covering the vehicle in question on 26-12-1989 which relates back to 23-12-1989. Further it is operative from 23-12-1989 to 22-12-1990, therefore, when the accident was occurred at 7-30 am and the office of the company opens at 10-30 a.m., it can be presumed that the policy was issued after 7-30 p.m. i.e., after occurrence...

Etikoppaka Co-operative Agricultural and Industrial Society Ltd. Vs. C ...

Court: Andhra Pradesh

Reported in: [2000]120STC608(AP)

ORDERB. Subhashan Reddy, J.1. In this T.R.C. arising under the Andhra Pradesh General Sales Tax Act, 1957 ('the APGST Act'), the point for consideration is as to whether the word 'sugarcane' taken in even the 'sugarcane seedling'. The assessee is a co-operative society registered under the A.P. Co-operative Societies Act. It manufactures sugar and was on the rolls of C.T.O., Anakapalli, for the assessment year 1981-82. It was assessed under the APGST Act on a net turnover of Rs. 12,45,580, which included a turnover of Rs. 3,88,265 representing sales of sugarcane seedlings. The said amount was subjected to tax, aggrieved by which, the assessee preferred appeal to the Appellate Deputy Commissioner, Commercial Taxes, Kakinada. Contention was that assessee being an agricultural and industrial cooperative society owning sugar factories, it supplied sugarcane seedlings to the members without any profit-motive and since it had not undertaken any business, it was not liable to tax. The said co...

Dr. N. Lalitha Krishna Vs. Mrs. Deepa Nair

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.D. No. 522/1997 on the file of the Ranga Reddy District Forum questioning the order of that District Forum dated 7.11.1998 in that C.D. directing her to pay a total compensation of Rs. 10,500/- and also costs of Rs. 500/- to the complainant in that C.D. within three months and in default to pay interest thereon @ 12% per annum from the date of the order i.e. 7.11.1998. The complainant in the C.D. is the respondent before us. 2. The brief facts relevant for the disposal of this appeal are that the complainant approached the appellant for medical termination of pregnancy (MTP) within 5 to 6 weeks after she became pregnant and that the opposite party purported to perform MTP on her on 1.7.1997. But on subsequent Trans Abdominal Scan and Endovaginal Scan at ISMIT - Diagnostics on 8.7.1997 it was revealed that the foetus was intact and that it was continuing to grow. The complainant thereafter approached a...

M. Jayanand Vs. Board of Directors, A.P. Civil Supplies Corpn., Hyd. a ...

Court: Andhra Pradesh

Reported in: 1999(4)ALD402; 1999(4)ALT551

ORDER1. The only ground pressed for challenging the order of transfer of the petitioner is that the respondent No.2 who has passed the order of transfer has no jurisdiction to transfer the petitioner. It is submitted that the petitioner is Senior Officer Grade-11. The case of the petitioner is that, power to appoint Senior Officer Grade-II vests with the Board in terms of Rule 6 of A.P. State Civil Supplies Corporation Limited Employees Recruitment and Service Regulations. Since no authority has been prescribed in the Regulations who can transfer different categories of Officers, therefore it should be held that only appointing authority can transfer the petitioner. On the other hand thelearned Counsel for the respondents submits that under A.P. State Civil Supplies Corporation Limited Conduct, Discipline and Appeals Regulations the authority who can punish in case of misconduct is the Managing Director if the misconduct is attributed to a, Senior Officer Grade-11. He submits that sinc...

Sanjeevi Mechanical Works Pvt. Ltd. Vs. Bhagyanagar Ploymers Pvt. Ltd.

Court: Andhra Pradesh

Reported in: 1999(5)ALD351; 1999(5)ALT649

1. Heard the learned Counsel for both parties. This CMA is directed against the order granting temporary injunction in favour of the respondent-plaintiff restraining the appellant from manufacturing, marketing, delivering and selling the adhesive product using the brand name 'Charminar' or 'New Charminar' with the logo design, packing and inscriptions identical or deceptively similar to the respondent's product pending disposal of the suit.2. Admittedly, the respondent-plaintiff is not the registered owner or proprietor ofthe trade mark 'Charminar'. Though the respondent is stated to have applied for registration of its trade mark 'Charminar' to the Trade Marks Registrar on 14-2-1995, so far the registration has not been completed even after the lapse of more than four years. There is nothing on record to show that the said application is still pending. It cannot therefore be said that there is any infringement of the registered trade mark of the respondent-plaintiff. The only question...

M. Narayana Vs. Industrial Tribunal-cum-labour Court, Anantapur and An ...

Court: Andhra Pradesh

Reported in: 1999(5)ALD574

ORDER1. The petitioner was a conductor in the APSRTC. Consequent on a check on 23-3-1989 while the petitioner was on duty, certain allegations were levelled against the petitioner and he was suspended from service by the order dated 3-4-1989 and later issued a charge-memo setting out three articles of charge. Consequent on an enquiry conducted by the orders of the employer dated 10-7-1989 the petitioner was visited with the penalty of removal from service. The appeal by the petitioner against the said penalty having been rejected by the orders dated 19-10-1989, the petitioner preferred ID No.154 of 1990 before the Labour Court, Anantapur, which by the award dated 14-7-1992 rejected the claim and confirmed the disciplinary proceedings. Aggrieved thereby the writ petition.2. The learned Counsel for the petitioner assails the award of the Labour Court principally on two grounds:(a) that the finding of the Labour Court in respect of charge No.2 is inconsistent with the contents of the char...

N. Nageswara Rao Vs. Central Bank of India, Hyderabad

Court: Andhra Pradesh

Reported in: 1999(5)ALD553; 1999(5)ALT31

ORDER1. Heard the learned Counsel for the petitioner and the learned Standing Counsel for the respondent-Bank.2. The petitioner was initially appointed in the subordinate cadre of the respondent-Bank on 8-12-1960 and later on promoted as Clerk in the year 1971. The dispute in the instant writ petition relates to his promotion to the next higher cadre post of Junior Management Grade-I Scale. The procedure adopted by the respondent Bank for promotion of clerks to Junior Management Grade Scale-I 'under State Service' is by a written test from amongst the eligible clerical staff as per the seniority list prepared, depending upon the number of vacancies. There is no dispute whatsoever that the petitioner is eligible for promotion to the said post. All the eligible candidates who will be called for written test will be offered coaching for three weeks in the Bank's Training Centre and all of them will be supplied with a booklet containing 100 questions. The question paper will be of ten ques...

Habeeba Begum and Another Vs. Gulam Rasool and Others

Court: Andhra Pradesh

Reported in: 1999(6)ALD20

1. These two appeals are filed by defendant Nos.1 and 2 against the common judgment and decrees in OS No.57 of 1986 and OS No.104 of 1990, dated 3-10-1994 on the file of the Subordinate Judge at Mahaboobnagar. A.S.No.17 of 1995 was filed in this Court against the decree in O.S.No.57 of 1986 and whereas in view of valuation, A.S.No.3 of 1995 was filed on the file of the District Judge at Mahaboobnagar and it was transferred to this Court as per orders in Tr. CMP No.191 of 1995 dated 6-7-1996 and later numbered here as Tr. AS No.1212 of 1999. Both the suits were filed by respondent No.1. However, in view of his death, the legal representatives were brought on record as respondent Nos.2 to 10.2. OS No.57 of 1986 is filed seeking declaration of title and permanent injunction and cancellation of registered partition deeds dated 30-4-1976 and 3-5-1976 in respect of plot with an area of 850 sq. yards out of Ac.0-39 guntas in Survey No.44, Subhas Nagar, Mahaboobnagar.3. OS No.104 of 1990 is fi...

Vanga Surya Rao and Others Vs. Guttula Gopalakrishna

Court: Andhra Pradesh

Reported in: 1999(6)ALD611; 1999(4)ALT480

1. These three appeals arise out of the claims under promissory notes executed by late Vanga Suramma and on the basis of which the suits filed by the respective respondents were decreed. 2. AS No.3169 of 1985 is filed by the defendant against the judgment and decree in OS No. 313 of 1984 dated 9-4-1985 on the file of the Subordinate Judge at Kakinada. The suit was filed by the respondent-G. Nageswara Rao on 21-11-1979 for recovery of Rs.29,708-33 basing on the pronote dated 25-4-1978 for the loan of Rs.25,000/- repayable with 12% interest perannum. Initially, the suit OS No.313 of 1984 was filed against Vanga Suramina and subsequent to her death. Vanga Surya Rao was impleadcd as the legal representative, who figured as the sole defendant in the latter two suits. Thus, the defendant-appellant is one and the same in all the three matters. 3. AS No.3013 of 1985 is filed by the defendant against the judgment and decree in OS No.315 of 1984 dated 9-4-1985 filed by the respondent-G. Gopal Kr...

T. Subba Rao Vs. Revenue Divisional Officer

Court: Andhra Pradesh

Reported in: 1999(5)ALT1

ORDERB. Subhashan Reddy, J.1. This writ petition has been filed questioning the order of the A.P. Administrative Tribunal passed in O.A. No. 3333 of 1999 dated 9-7-1999.2. The matter relates to suspension pending enquiry against the petitioner who is working as Village Administrative Officer, Vellatur, Bhattiprolu Revenue Mandal, Guntur District. Suspension pending enquiry cannot be interfered with, ordinarily. But, when the question of jurisdiction arises, the same calls for interference and that is what has happened in the instant case. The Revenue Divisional Officer has placed the petitioner under suspension and he is the authority for the same in view of Rule 45 of A.P. Village Administrative Officers Service Rules, 1990. But, this power is hedged with a condition of ratification of the same by the Joint Collector i.e., the appointing authority under Rule 49 thereof. Though the learned Government Pleader for Service-II has been granted time to obtain instructions in that regard, we...