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Andhra Pradesh Court September 1999 Judgments

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Sep 30 1999

United India Insurance Co., Ltd., Guntur Vs. S.K. Raheemunnisa and Oth ...

Court: Andhra Pradesh

Decided on: Sep-30-1999

Reported in: I(2000)ACC491; 2002ACJ60; 2000(1)ALD125; 1999(6)ALT542

1. This appeal is directed against the judgment and decree dated 8-7-1992 in OP No.429 of 1991 on the file of the Chairman (Addl. District Judge), Motor Accident Claims Tribunal, Cuddapah.2. The brief facts leading to the filing of the said OF are that on 24-7-1991 at about 4-00 p.m. the deceased, Amjad Pasha, driver of the lorry bearing No.AP-3/T-9090 had taken the lorry to the Indian Cement Factory Limited, Chilamakur and kept the lorry in the lorry stand infront of the factory and while he was sleeping infront of his lorry, at about 10-00 p.m a lorry bearing No.APG-7569 belonging to the first respondent, which was driven in a rash and negligent manner, ran over the deceased and caused his death. The claimants are the widow of the deceased S.K. Raheemunnisa, 2nd and 3rd claimants Naywna and A.Basha are daughter and son and Smt. Kairunbi the mother of the deceased. The claimant stated that the deceased was their sole bread winner and was aged about 30 years and hale and healthy at the...


Sep 30 1999

Kolasani Sivakumari and Others Vs. Kolasani Sambasiva Rao and Others

Court: Andhra Pradesh

Decided on: Sep-30-1999

Reported in: 2000(1)ALD750; 2000(1)ALT601; I(2001)DMC75

1. This appeal arises out of a common judgment dated 26-9-1979 passed by the learned Principal Subordinate Judge, Guntur, in OS No.193 of 1976 and OP No.12of 1977.2. OS No.193 of 1976 is the suit filed for (1) partition of the suit 'A' schedule mentioned properties, (2) for declaration that the alienations made in favour of the defendants 2 to 11 are collusive, nominal, (3) for recovery of maintenance to the 1st plaintiff at the rate of Rs.3,600/-per annum and Rs.2,000/- towards residence, and (4) for recovery of movable properties mentioned in the plaint 'B' and 'C' schedules. OP No.12 of 1977 is the petition filed by the 1st defendant-husband under Section 9 of the Hindu Marriage Act for restitution of conjugal rights against the 1st plaintiff. The appeal has been filed against that part of the judgment dismissing the claim of the plaintiffs while decreeing the suit for partition and in regard to the quantum of maintenance. OP No.12 of 1977 has been dismissed and the order has become...


Sep 30 1999

Govt. of A.P. Vs. G. Rajendranath Gound and Others

Court: Andhra Pradesh

Decided on: Sep-30-1999

Reported in: 1999(6)ALD147; 1999(5)ALT761

ORDERB.S. Raikote, J.1. Vide order dated 25-6-1999, the writ petition was ordered to be posted along with CRP No.2037 of 1998 and accordingly both the revision petition as well as the writ petition are now posted before us. By this common order, we are disposing of both of them, since they involve common questions of facts and law.2. CRP No.2037 of 1998 is filed challenging the judgment and order dated 16-12-1997 passed by the Chief Judge, City Civil Court, Hyderabad on his file in CMA No.261 of 1994. By this order, the appeal filed by the Government of AndhraPradesh was dismissed by confirming the order No.8 dated 12-9-1994 passed by the Deputy Commissioner of Endowments. It has to be noted at this stage itself that by the said order No. 8 dated 12-9-1994, the Deputy Commissioner of Endowments has declared that the respondent No.1 in the revision petition G. Rajandernath Goud, s/o Jaganath Goud, was entitled to a sum of Rs. 3,000/- as honorarium per month, being the hereditary trustee...


Sep 30 1999

P. Bala Tripura Sundari Vs. Apsrtc and anr.

Court: Andhra Pradesh

Decided on: Sep-30-1999

Reported in: 2000(2)ALT5

ORDERB.S.A. Swamy, J.1. Questioning the action of the respondents-Corporation in not considering the case of the petitioner for appointment as Conductor on compassionate ground under 'Bread Winner Scheme', the petitioner has filed this writ petition.2. The facts are not in dispute. The petitioner's father while working as Senior Clerk in respondent-Corporation died in harness on 2-6-1998. Thereafter, the petitioner seemed to have filed an application on 12-10-1998 for her appointment in any suitable post on compassionate grounds. Thereafter, the petitioner seemed to have been called for interview on 23-11-1998 for the post of Conductor and the Selection Committee rejected her case for appointment as Conductor on the ground that she is not having required height as per rules and regulations of APSRTC prescribed for the post of conductor i.e., 153 cms., as her height is 149.5 cms.3. In fact on an earlier occasion, when similar matter came up for hearing, I observed that the height prescr...


Sep 30 1999

M. Panduranga Rao Vs. Cheema Singh, Executive Officer, Secunderabad Ca ...

Court: Andhra Pradesh

Decided on: Sep-30-1999

Reported in: 1999(6)ALT57

ORDERB. Sudershan Reddy, J.1. I have heard the learned Counsel for the petitioner and the learned Standing Counsel for the Cantonment Board.2. The plea taken by the first respondent in the counter-affidavit that as per the prevailing practice, once the appeal is filed against the proceedings initiated Under Section 185 (1) of the Cantonments Act, 1924 (for short 'the Act') status quo would be maintained until the appeal is placed before the appellate authority of the Board, during the ensuing Board meeting, is totally unacceptable. Such a plea is not available to be pressed into service by the first respondent in this particular case in view of the directions of this Court, directing the respondents herein to take appropriate action in the matter in accordance with law. The first respondent is duty bound to implement the order passed by this Court and cannot be allowed to raise such a flimsy objection in the matter of implementing the orders passed by this Court.3. At any rate, as at p...


Sep 29 1999

New India Assurance Co., Ltd., Chittoor Vs. Gowneri Ganulamma and Othe ...

Court: Andhra Pradesh

Decided on: Sep-29-1999

Reported in: 2000(3)ALD624

1. The New India Assurance Company Limited, Chittoor, filed this appeal against the compensationawarded by the Tribunal below granting Rs.1,40,000/- with 12% interest per annum taking into consideration the contribution made by the deceased who was aged about 30 years at the time of accident and earning Rs.4,800/- per year and applied multiplier 30 and arrived at Rs.1,44,000/- but rounded off to Rs.1,40,000/-.2. The learned Counsel for the Insurance Company has submitted that the application of multiplier 30 is contrary to the law laid down by the Supreme Court. He further contended that the deceased travelled on the load of the trialor and as per Rule 252 of the Motor Vehicle Rules, 1989, the Insurance Company is not liable to pay the compensation. To appreciate the above said contentions of the learned Counsel for the appellant, it is necessary to state brief facts of the case: On 24-7-1990 at about 11.00 a.m. the deceased, who was working as agricultural coolie near B. Kothakota on ...


Sep 29 1999

Kasu Krishna Reddy Vs. Central Election Commission and ors.

Court: Andhra Pradesh

Decided on: Sep-29-1999

Reported in: 1999(5)ALT387

ORDERB. Subhashan Reddy, J.1. An unfortunate incident has occurred on 28th August, 1999 at 10 p.m. at Narasaraopet of Guntur District. A place where life is infused, four lives were snuffed out. Instead of life-saving material, there was found life-threatening material i.e., bombs and bomb-making material, which have exploded. Result was loss of four lives, who succumbed to seveie bomb-blast injuries. The building was rocked and some portion of it was blown off into rubbles. The scene of offence is Nursing Home-cum-residence at Rajakota Centre of Narasaraopet run under the name and style of Lakshmi Nursing Home/ Palnadu Poly Clinic. In a three-storied building on an area of 3850 sq. yards (3250 sq. yards standing in the name of Dr. Kodela Siva Prasad Rao and 600 sq. yards standing in the name of his wife Smt. Kodela Sashikala). Dr. Kodela Sivaprasad Rao, the Minister for Panchayat Raj resides in one of the portions alongwith his family members, who include his wife-Smt. Kodela Shashika...


Sep 29 1999

Munukutla Satya Veereswara Sarma and anr. Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Decided on: Sep-29-1999

Reported in: 1999(2)ALD(Cri)937; 1999(2)ALT(Cri)481; 2000CriLJ763

ORDERVaman Rao, J. 1. Heard both sides.2. This petition under Section 482 of Cr. P.C. has been filed for a direction to the IV Metropolitan Magistrate, Mahila Court, Vijayawada to separate the cases of the petitioners from the other absconding accused.3. The petitioner No. 1 herein is Accused No. 2 in C.C.No. 357 of 1998 and he is said to be 62 years (old) and the 2nd petitioner is Accused No. 3 in that C.C. and is said to be 59 years old and these petitioners are parents of A1 and A4 in that case. The petitioners and two other accused are facing charge under Section 498-A of IPC. While the petitioners herein appeared before the Court, the other two accused are said to be absconding and NBWs are said to be pending against them. These petitioners have been attending the Court for the last one year without any progress in the trial in view of non-appearance of the other two accused.4. It is stated that under the above circumstances, the petitioners herein filed a petition before the lear...


Sep 28 1999

N. Panduranga Rao Vs. Central Bank of India, Hyd.

Court: Andhra Pradesh

Decided on: Sep-28-1999

Reported in: 2000(3)ALD156; 2000(1)ALT654

ORDER1. The petitioner is an employee of respondent Bank. He was charged with an offence under Section 420 IPC and has been convicted by the trial Court and sentenced to rigorous imprisonment of two years and also directed to pay a fine of Rs.1,000/-. He has challenged this judgment by way of an appeal which is pending before the III Additional Sessions Judge, Guntur who has suspended the sentence pending appeal. In the meantime, the department issued a notice to him on 24th August, 1999 asking him to show-cause as to why he should not be dismissed from service in accordance with Regulation 11 of Central Bank of India Officers, Employees (Discipline and Appeal) Regulations, 1976. The Regulation reads as under:-'11. Notwithstanding anything contained in Regulation 6 or Regulation 7 or Regulation 8 the disciplinary authority may impose any of the penalties specified in Regulation 4 if the Officer employee has been convicted on a criminal charge, or on the strength of facts or conclusions...


Sep 28 1999

Mohd. Saleem Khan Vs. Depot Manager of Apsrtc, Banswada and Others

Court: Andhra Pradesh

Decided on: Sep-28-1999

Reported in: 2000(5)ALD165; 2000(2)ALT613

ORDER1. After hearing the learned Counsel for both sides at some length, I donot find any valid grounds to interfere with the impugned orders passed concurrently by both the Courts below refusing temporary injunction in favour of the petitioner. Admittedly, the period of licence granted to the petitioner expired on 15-10-1998 and there was no fresh agreement entitling him to continue in occupation. Though the learned Counsel for the petitioner has contended that the tender notification contained a clause for renewal of the licence period for a further period of three years on payment of enhanced rent or licence fee and as such the petitioner is entitled to continue in possession till 15-10-2001, the fact remains, no fresh agreement was entered into granting such a renewal. The mere fact that the petitioner continued in unauthorised occupation of the premises subsequent to 15-10-1998, does not confer any legal right on him for renewal of the licence in his favour. It also appears from t...


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