Andhra Pradesh Court February 2000 Judgments
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M. Rajamma and Others Vs. General Manager, Apsrtc, Hyd.
Court: Andhra Pradesh
Decided on: Feb-17-2000
Reported in: I(2001)ACC2; 2001ACJ1040; 2000(4)ALD231; 2000(4)ALT9
1. The claimants filed this Civil Miscellaneous Appeal aggrieved by the order of the Motor Accidents Claims Tribunal-cum-Additional District Judge, Madanapalle in OP No.146 of 1987 dated 20-12-1988, insofar as it went against the contention of the appellants.2. The Tribunal in the said order held that the deceased did not die due to the rash and negligent act of the driver or the conductor of the offending vehicle, and therefore, the claimants are entitled to a fixed sum of Rs.15,000/- alone as compensation under no fault liability. Aggrieved by the said order, the claimants have filed this appeal contending that as per the evidence available on record, the finding of the Tribunal that the death of the deceased was not due to the rash and negligent driving of the driver of the vehicle is incorrect and unsustainable and the claimants are entitled for the compensation as claimed by them.3. Brief facts of the case are as follows: That the appellants 1 and 2 are the wives of the deceased, ...
Mandadi Nirmala and Another Vs. District Collector, Hyd. and Others
Court: Andhra Pradesh
Decided on: Feb-16-2000
Reported in: 2000(2)ALD725; 2000(2)ALT64
ORDERP. Venkatarama Reddi, J. 1. The appellants herein filed writ petitions praying for a writ to quash the communication dated 3-4-1998 of the Mandal Revenue Officer, Marredpally, Hyderabad district (R3) addressed to the Sub-Registrar, Bowenpally (R4) requestingthe latter to stop registration of documents in respect of S.No.74, Marredpatly paigali village till the disposal of the Land Grab Case. It is stated in the said letter that Survey No.74 is a Government land and a case has been filed in the special Court against Housing Societies which have occupied the Government land. The petitioners presented the sale deeds executed by certain persons who got the plots in question from Ravi Co-operative Housing Society Limited. The details of the registered sale deeds in favour of the vendors of the petitioners are furnished by the petitioners. The Sub-Registrar kept the registration pending and declined to release the documents after due endorsement of registration. The petitioners therefor...
Management, M/S. Sirishad Construction (P) Ltd., Nagarjunasagar Vs. C. ...
Court: Andhra Pradesh
Decided on: Feb-16-2000
Reported in: II(2000)ACC191; 2002ACJ761; 2000(3)ALD51; 2000(3)ALT196; [2000(86)FLR1011]; (2000)IILLJ304AP
1. This appeal is filed by the employer against the order of the Commissioner for Workmen's Compensation, Rangareddy District Zone, Hyderabad (hereinafter referred to as 'the Commissioner') passed in WC Case No. 13 of 1993 dated 24-6-1994 in awarding the compensation of Rs.71,347.50 to the 1st respondent herein.2. Brief facts of the case are that on 24-6-1991, while the 1st respondent was operating the miller mixer of the appellant suddenly, the vibrator, was required to be repaired and the Site Engineer Srinivasa Rao asked the 1st respondent to start to Pylon for repairing the vibrator, and the Site Engineer took him to Pylon on the scooter from Jetty site; and after attending the repairing work, again he took him to Hill Colony to the site on the scooter; and while he was on the back seat holding the vibrator, and the said Srinivasa Rao was driving the scooter and on approaching the Hill Colony, the scooter met with anaccident and the 1st respondent sustained injuries all over the bo...
Pedda Geliche Divasekhar Reddy and ors. Vs. the State Rep. by Its P.P.
Court: Andhra Pradesh
Decided on: Feb-16-2000
Reported in: 2000(1)ALD(Cri)716; 2000(1)ALT(Cri)552
ORDERVaman Rao, J.1. This petition under Section 482 of CrPC seeks quashing of the proceedings in PRC no.50 of 1999 as far as offence under Section 354 of IPC is concerned.The relevant facts may be stated as follows:On a complaint given by one Markapuram Narayana (L.W.1) N.P. Kunta police station a case was registered in Crime no.20 of 1999 for the offences under sections 341, 324, 354 read with section 34 of IPC. The facts as disclosed from the complaint are that on 17.4.1999 at about 10.00a.m. while the de facto complainant Markapuram Narayana along with his wife Kanthamma were transporting manure to his fields in double bullock cart and were passing through the land of the accused, the latter objected for the cart passing through the land and a wordy altercation ensured between them. In the meanwhile A2 to A4 joined A1 and attacked the complaint and assaulted with sticks. It is further stated that while some witnesses L.W.2, the petitioner herein and L.W.3 went to rescue the defacto...
Smt. G. Vijayalakshmi and ors. Vs. Securities and Exchange Board of In ...
Court: Andhra Pradesh
Decided on: Feb-16-2000
Reported in: 2000(1)ALD(Cri)580; [2000]100CompCas726(AP); (2000)4CompLJ132(AP)
Vaman Rao, J. 1. This petition under Section 482 of the Criminal Procedure Code, 1973, seeks quashing of proceedings in C. C. No. 16 of 1998 on the file of the Special Judge for Economic Offences, Hyderabad, in which the petitioners are sought to be prosecuted for the offence of contravention of Sections 73(2B) and 113(2) of the Companies Act, 1956 (hereinafter called 'the Act').2. The ground on which these proceedings are sought to be quashed as contended by learned counsel for the petitioners, Mr. V. S. Raju, is that the petitioners are merely the directors of the company which has been shown as A-1 and that in view of the definition of the 'officer who is in default' as given in Section 5 of the Act, where there is a managing director or a whole-time director or a manager or a secretary, the liability for any criminal offence attributed to the company cannot be assigned to ordinary directors.3. This is countered by learned-counsel for the respondents. Sri. P. V. S. S. S. Rama Rao an...
Jane Devi Nageswari (Dr. Mrs.) Vs. K. Ram Babu
Court: Andhra Pradesh
Decided on: Feb-16-2000
Reported in: 2000(2)ALT230; II(2000)DMC214
ORDERG. Bikshapathy, J.1. The Transfer CMP is filed seeking transfer of O.P. No. 437/99, pending on the file of the Family Court, Visakhapatnam, to be transferred to the Family Court, Hyderabad, and tried along with O.P. No. 359/99, which is pending before the Family Court, Hyderabad.2. The petitioner is the wife. She filed an application in O.P. No. 359/99, seeking a decree for nullity of marriage, before the Family Court, Hyderabad. It appears that the respondent-husband filed an application in O.P. No. 437/99 before the Family Court, Visakhapatnam, seeking restitution of conjugal rights. It is also brought to the notice by the Counsel for the petitioner that, at present, the petitioner is working as a Medical Officer at Anantapur. It is the case of the petitioner that it would cause inconvenience for her to attend the Courts both at Visakhapatnam and Hyderabad at the same time, and that it will be in the interests of both parties, if the O.P. pending before the Family Court, Visakha...
Chundru Ammanna Vs. Asst. Commissioner of Labour and anr.
Court: Andhra Pradesh
Decided on: Feb-16-2000
Reported in: 2000(1)ALD(Cri)585; 2000(3)ALT389; 2000(1)ALT(Cri)397; 2000CriLJ2032
ORDERVaman Rao, J.1. This petition Under Section 482, Cr.P.C. seeks quashing of Non-bailable Warrant issued against the petitioner who is an accused in Crl.M.P. No. 416 of 1999.2. There seems to be a proceeding filed by the authorities Under Section 48(5) (b) of the A.P. Shops and Establishments Act before the concerned Magistrate for recovery of a sum of Rs. 37.997-30ps. towards back wages payable to an employee of the Co-operative Society by the Society of which the petitioner herein is the President. It appears that after filing this petition summons were issued to the petitioner for his appearance on 10-1-2000. It appears that the petitioner could not be present on the date fixed for his appearance and Non-bailable warrant was issued and subsequently the petitioner engaged an advocate who filed his memo of appearance and also an application for recalling the Non-bailable warrant. The grievance of the learned Counsel for the petitioner is that the memo of appearance as well as the p...
Dr. P.V. Ranga Rao Vs. Union of India (Uoi) and ors.
Court: Andhra Pradesh
Decided on: Feb-16-2000
Reported in: 2000(2)ALT459
ORDERBilal Nazki, J.1. Heard the learned Counsel for the parties. The petitioner has challenged the order passed by the State Government on 26-11-1999. This order reads as under:-'I am to invite attention to the letter cited and to state you that more than adequate time has already been given in the past. The High Court also directed to vacate the premises on or before 30-10-99 which time is also over. In the circumstances you are requested to vacate the premises at the earliest.'2. This order is mainly challenged on the ground that the petitioner is the son of a former Prime Minister and because of the security threats to the former Prime Minister and his family the petitioner was given the accommodation which could secure the petitioner's life. It is submitted that the petitioner is entitled to safeguards and protection provided under a Central Act viz., The Special Protection Group Act, 1988 (as amended in 1991 and 1994) (for short 'the Act'). Special reference has been made to Sect...
Food Corporation of India, Visakhapatnam Vs. Tolani Shipping Co. Ltd., ...
Court: Andhra Pradesh
Decided on: Feb-15-2000
Reported in: 2000(2)ALD709; 2000(2)ALT554; 2000(69)ECC780
1. This civil miscellaneous appeal has been filed by the Food Corporation of India against the order of the Principal Subordinate Judge, Visakhapatnani, in OP No.349 of 1988 dated 19-3-1994 in confirming the award of the umpire for payment of Rs.1,70,945-80 ps., along with interest at the rate of 12% p.a., from the date of the decree to the date of the realisation payable by the appellant to the respondents.2. The brief facts of the case are that the respondent-M/s. Tolani Shipping Company Limited, Bombay, by a Charter Party dated 11-3-1983 chartered their vessel M.V. Prabhu Satram to the appellant-the Food Corporation of India. Disputes arose between the parlies under the said Charter Party which were in pursuance of the Clause 56 of the Charter Party referred to the arbitration. The respondent claimed a sum of Rs. 1,70,945-86 ps., along with 18% interest p.a., towards demurrage earned by their vessel at the load port, Port Land, United States of America and towards the demurrage earn...
Kondaveti Francis Vs. M. Ludramma and Others
Court: Andhra Pradesh
Decided on: Feb-15-2000
Reported in: 2000(3)ALD130; 2000(3)ALT433
1. These two second appeals arise out of two cross-suits for permanent injunction filed by the parties against one another in respect of the selfsame property. The only difference between the two suits is that whereas OS No.80 of 1986 is in respect of the lands covered by Sy.Nos.74 and 89, the other suit OS No.303 of 1990 is in respect of the lands covered by Sy.No.89 only. The two suits were tried together. Both the suits were field on the basis of prior possession without setting up any claim of title and attempts to interfere with such possession by the opposite party. However, in the course of the evidence, some attempt appears to have been made by both parties to make out title. But both parties mainly relied on the entries in the revenue records like Pahanis and land revenue receipts in proof of their possession.2. On a consideration of the oral and documentary evidence on record, the trial Court decreed OS No.80 of 1986 and dismissed OS No.303 of 1990. The trial Court decided th...
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