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Andhra Pradesh Court December 2000 Judgments

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Dec 19 2000

Meka Chakra Rao Vs. Yelubandi Babu Rao @ Reddemma and Others

Court: Andhra Pradesh

Decided on: Dec-19-2000

Reported in: 2002ACJ828; 2001(1)ALD453; 2001(1)ALT495

ORDERV. ESWARAIAH1. In view of the alleged two divergent decisions in CMA No.588 of 1992 dated 28-7-1999 and CMA No.448 of 1991 dated 7-6-2000, the following questions are referred by the learned single Judge for a decision from the Division Bench. (1) What is the effect of the non-presence of the owner of a motor vehicle (insured at the appellate stage, if the appeal against the owner is dismissed for default for non-payment of 'batta' or for non-compliance with the orders of the Court? (2) If the lower Tribunal records a finding that the accident had taken place due to the rash or negligent driving of the motor vehicle by its driver, and if such a finding is not challenged by the Insurance Company in the appeal, whether there is any need for the presence of the owner of the motor vehicle? (3) In an appeal filed by the Insurance Company, if the owner of the motor vehicle is not present (i.e., if the appeal as against the owner is dismissed), what is the effect of the same on the sai...


Dec 19 2000

Ameena Bee Vs. Noorjahan Begum and Others

Court: Andhra Pradesh

Decided on: Dec-19-2000

Reported in: 2001(1)ALD438; 2001(1)ALT510

ORDER1. The revision petitioner assails the judgment-dated 24-7-2000 passed by the learned Chief Judge, City Small Causes Court, Hyderabad in RA No.56 of 2000.2. The revision petitioner is the respondent in RC No.231 of 1996. The late mother of the respondents herein filed RC No.231 of 1996 seeking eviction of the petitioner on the premise that the petitioner is the tenant of the demised premises and committed wilful default in paying the rents. That petition was resisted by filing a counter denying inter alia the relationship of landlord and tenant inter sebetween the parties by taking a specific plea that the property in question was gifted to her by the maternal grand father of the respondents under an oral gift and thereby setting up title over the property.3. While the matter stood, thus, the mother of the respondents herein filed IA No.853 of 1996 under Section 11(1) of the A.P. Buildings (Lease, Rent and Eviction) Control Act (The Act for brevity) seeking a direction to the peti...


Dec 19 2000

Andhavarapu Kamaraju Vs. Chintada Savitramma and Others

Court: Andhra Pradesh

Decided on: Dec-19-2000

Reported in: 2002ACJ926; 2001(2)ALD46; 2001(1)ALT677

ORDERBilal Nazki, J.1. A short point is involved in all these appeals which are being disposed of by this common order. Facts are admitted. An accident occurred on 8th December, 1990 at about 3.30 p.m. Some students were travelling in the lorry. Some of them died and some of them received injuries. Claims were filed which were allowed. Appeals being AAO Nos.16528 of 1997, 1581 of 1997, 1529 of 1997 and 1538 of 1997 were filed by the owner of the vehicle and appeals AAO Nos.1825 of 1997, 1922 of 1997, 1974 of 1997 and 2267 of 1997 were filed by the Insurance company. These appeals were heard by learned single Judge and he disposed them of by a common order. This order is challenged by way of these Letters Patent Appeals by the owner of the vehicle.2. The case of the Insurance company who filed the appeals before the learned single Judge was that the passengers were gratuitous and the vehicle had been used contrary to the terms of the contract therefore they were not liable. The Tribunal...


Dec 19 2000

Yedlapati Raghavendra Prasad Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Decided on: Dec-19-2000

Reported in: 2001(2)ALD720; 2001(1)ALD(Cri)42; 2001(1)ALT(Cri)147

1. Criminal Appeal No.739 of 1999 is filed by the sole accused in Sessions Case No.695 of 1997, who was tried by the First Additional Sessions Judge, Warangal for an offence punishable under Section 302 IPC. On evidence the learned Judge has convicted him and sentenced him to suffer imprisonment for life and also to pay a fine of Rs.5,000/- and in default to suffer simple imprisonment for one year. Whereas Criminal Revision Case No. 11 of 2000 is filed by the defacto complainant for enhancement of sentence. Both the cases arise out of Sessions Case No.695 of 1997, they are disposed of by a common judgment. 2. The gravamen of the charge against the accused was that on 6-2-1997 at about 9-00 p.m. the accused-appellant herein committed the murder of one Kolhapalli Madhava Rao at Chaitanyapuri Colony, Kazipet. 3. The prosecution case can briefly be narrated as follows: That the accused was working as a Medical Officer in Regional Engineering College Campus Dispensary at Warangal. The decea...


Dec 19 2000

Sri Bhaskar Raj Sexena Vs. Sudershan Ausekhar and anr.

Court: Andhra Pradesh

Decided on: Dec-19-2000

Reported in: 2001(1)ALD(Cri)255; 2001(1)ALT(Cri)168

ORDERT. Ch. Surya Rao, J. 1. The petitioner seeks to quash the proceedings initiated against him in C.C. No. 81 of 2000 on the file of the 14th Metropolitan Magistrate, Hyderabad. 2. The first respondent herein filed a private complaint for the alleged offence punishable under Section 500 of the Indian Penal Code against the petitioner before the 14th Metropolitan Magistrate Court, Hyderabad. The learned Magistrate had taken cognizance of the same and directed the process to be issued to the accused therein namely the petitioner. The petitioner pursuant to the said process appeared before that court. Thereafter, he filed the present petition for quashing of the proceedings. 3. The factual matrix germane in the context for consideration and for effective adjudication of the same may be set forth thus: The petitioner is the son of late Narahar Raj Saxena. The said Narahar Raj Saxena was trustee of Sri Ramachandraji temple situated at Salibanda, Hyderabad and the appurtenant house constru...


Dec 19 2000

Kakinada Municipal Contractors Sankshema Sangham Vs. Collector, Kakina ...

Court: Andhra Pradesh

Decided on: Dec-19-2000

Reported in: 2001(1)ALD293; 2001(1)ALT318

1. Kakinada Municipal Contractors Sankshema Sangham represented by its President, Dhulipudi Mohana Rao, who is a contractor, filed this writ petition in a representative capacity for safeguarding and protecting the interests of the contractors of Municipal Council of Kakinada, which is having 108 members, though he did not give their particulars, it is stated that all of them have registered as contractors with the Municipal Council of Kakinada, aggrieved by the resolution passed by the Municipal Council to execute the drainage work through Department, the present writ petition was filed to issue a writ of mandamus declaring the action of the first respondent in deciding and directing that the construction of the drainage work from Recharlapeta Railway Gate to Salt Creek Railway Gate on the Railway Property along the Railway line in Kakinada Municipality to be carried out departmentally and the respondents 2 and 3 following the said direction and adopting the Resolution No.410 dated 25...


Dec 18 2000

G. Amrutaiah Vs. Member Secretary, Punishing Authority, Apseb, Hyd and ...

Court: Andhra Pradesh

Decided on: Dec-18-2000

Reported in: 2001(1)ALD338; 2001(1)ALT552

ORDER1. The petitioner at the relevant time was working as Assistant Engineer in Andhra Pradesh State Electricity Board (hereafter called, 'the Board'). By proceedings dated 26-7-1990 Member Secretary of the Board ordered that thepetitioner be removed from service with effect from the said date. The petitioner's appeal was dismissed on 5-9-1991 purportingly by the Chairman of the Board as per the proceedings dated 5-9-1991 by which the decision of the Chairman was communicated by the Member Secretary. The petitioner's review petition was also dismissed. Assailing the order of removal, as confirmed by the appellate authority, the petitioner filed the present writ petition praying for a writ of certiorari to quash the order of the disciplinary authority as confirmed by the appellate authority as well as the reviewing authority. 2. The facts leading to filing of this case in brief are as follows. The petitioner was appointed as Assistant Engineer (Electrical) in 1978. In 1982 he was trans...


Dec 18 2000

R.V.S. Prasad Rao Vs. Women Development, Child Welfare and Disabled (D ...

Court: Andhra Pradesh

Decided on: Dec-18-2000

Reported in: 2001(1)ALD364; 2001(2)ALT144

ORDER1. This writ petition is filed to declare G.O. Rt. No.403, Women Development, Child Welfare and Disabled, Welfare (DW) Department, dated 29-11-2000 issued by the 1st respondent as arbitrary, illegal and violative of the provisions of the Constitution of India and pass consequential order or orders as the Court may deem fit and proper in the circumstances of the case.2. The petitioner was appointed on 1-10-1986 as Project Officer in the 2nd respondent-Corporation. On the basis of some charges, he was kept under suspension in December, 1996. Thereafter, on 24-11-1997, a preliminary enquiry was conducted. On 8-1-1998 a charge memo was issued to the petitioner directing him to submit his explanation. On 19-1-1998, the petitioner submitted his explanation and considering the explanation submitted by the petitioner, Enquiry Officer was appointed on 12-2-1998 to conduct an enquiry. The enquiry officer conducted the enquiry and submitted his report on 10-3-1998. Thereafter, on 25-9-1999 a...


Dec 18 2000

Depot Manager, Apsrtc, Kurnool Depot Vs. S.S. Reddy Jamal Reddy and An ...

Court: Andhra Pradesh

Decided on: Dec-18-2000

Reported in: 2001(2)ALD92; 2001(2)ALT315

ORDERS.B. Sinha, CJ.1. The second respondent before the learned single Judge is the appellant. He is aggrieved by the judgment passed by the learned single Judge whereby while considering the meaning of the words 'reinstatement without back wages', it was held that the concerned workman was entitled to the notional increments for computation of his salary. With regard to punishment imposed upon the concerned workman, the matter came up before this Court and the writ petition filed by the workman being Writ Petition No.4121 of 1988 was disposed of with the following directions :'(a) The finding of guilt of the petitioner for non-issuance of the tickets at the proper stage is upheld. (b) The indictment of punishment of removal is set aside and instead, the punishment of reinstatement of the petitioner without back wages is substituted. (c) The petitioner shall however be entitled to reckon his service without break for the purpose of prospective promotion and terminal benefits, but shall...


Dec 18 2000

Voltas Ltd., (Chemicals Plant) Vs. Joint Collector, Medak and Others

Court: Andhra Pradesh

Decided on: Dec-18-2000

Reported in: 2001(2)ALD188; 2001(2)ALT269

ORDERS.B. Sinha, CJ. 1. The petitioner is owner of a chemical factory situated at Pathancheru, Medak District. They hold lands to the extent of Ac. 151.00 equivalent to 6,11,097 square metres. A demand was made by the Mandal Revenue Inspector for payment of Non-Agricultural Land Assessment Tax. A sum of Rs.8,42,699/-was assessed by the said authority. The petitioner herein preferred an appeal thereagainst before the Mandal Revenue Officer in File No.E/2753/93, which was dismissed on 10-10-1993, against which a revision was filed by the petitioner in File No.85/5321/93 before the Revenue Divisional Officer, Sangareddy, which was partly allowed by him on 28-3-1994. However, a reference was made later by the Revenue Divisional Officer, Sangareddy, before the Joint Collector, Medak (1st respondent herein) requesting revision of the said orders dated 28-3-1994, whereupon the latter initiated proceedings purported to be under Section 166-B(2) of the Andhra Pradesh (Telangana Area) Land Reven...


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