Andhra Pradesh Court April 2000 Judgments
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United India Insurance Co., Ltd., Guntur Vs. Famous Leaf Tobacco Co., ...
Court: Andhra Pradesh
Decided on: Apr-06-2000
Reported in: 2000(4)ALD65; 2000(3)ALT536
1. In this appeal, the defendant challenges the judgment and decree in OS No.36 of 1980 dated 23-12-1985 on the file of the Additional Subordinate Judge, Guntur, decreeing the claim of the respondents-plaintiffs herein for a sum of Rs.1,01,313-39 with future interest at 6% from the date of the suit with proportionate costs.2. The suit claim is for a sum of R.1,19,100/- towards damages of the insured tobacco goods. The first plaintiff does business in tobacco under the name and style of Famous Leaf Tobacco Company at Yetukur Road, Guntur and the second plaintiff is the bank with whom the plaintiff No.1 was having credit facilities under due hypothecation of the tobacco stocks and mortgage of properties and also under the promissory notes and other documents. The case of the plaintiff No.1 is that as per the policy cover note FD No.041521 dated 20th March, 1978, stocks of tobacco were insured for a value of Rs.11,00,000/- for a period of three months. Further the buildings and other prop...
Divisional Manager, New India Assurance Company Ltd., Vijayawada Vs. A ...
Court: Andhra Pradesh
Decided on: Apr-06-2000
Reported in: 2000(5)ALD485; 2000(3)ALT509
ORDERP. Venkatarama Reddi, J.1. This LPA arises out of the order of the learned single Judge under Section 173 of the Motor Vehicles Act confirming the award passed by the Motor Accidents Claims Tribunal. The respondent No. 1 was injuredin an accident on 29-6-1997 while he was travelling in a lorry (goods vehicle) and he suffered amputation of leg below the knee. The contention that he was not travelling with the goods was negatived by the learned single Judge. On a consideration of the evidence, the learned single Judge recorded the conclusion that the respondent No.1 (PW1) was travelling in the lorry along with the goods after paying hire charges to the driver of the lorry. The learned Judge then relied on Rule 277(3) of the APMV Rules, which permitted a person connected with the conveyance of goods to travel in a goods vehicle and held that the prohibition against the passenger being carried for hire or reward in a goods vehicle which is usually found in the insurance policy does no...
D. Chandra Reddy Vs. Gowrisetty Prabhakar and anr.
Court: Andhra Pradesh
Decided on: Apr-06-2000
Reported in: 2000(1)ALD(Cri)674; 1999(2)ALT(Cri)497; [2001]107CompCas474(AP); 2000CriLJ2526
ORDERVaman Rao, J.1. These petitions under Section 482 of CrPC seeks quashing of the proceedings in C.C.Nos.6 and 210 of 1999 on the file of the Addl. Judicial First Class Magistrate, Karimnagar in which the petitioner is sought to be prosecuted for the offence under Section 138 of the Negotiable Instruments Act.2. According to the allegations in the complaint, the complainant has been running finance business at Karimnagar as M/s.Om Sai Securities and Investments Private Limited. The accused approached the complainant for finance and sought a loan of Rs.6,40,000/-. The complainant accordingly gave the amount and the accused executed the necessary agreement agreeing to pay interest at 24% per annum quarterly. The accused also agreed to repay the entire amount within six months from the date of the agreement. The accused after receiving the amount issued four blank cheques amounting to Rs. 4 lakhs and agreed to issue share certificates together with transfer deeds but the accused did no...
M. Narasimhulu and ors. Vs. Deputy Transport Commissioner and Secretar ...
Court: Andhra Pradesh
Decided on: Apr-06-2000
Reported in: 2001(1)ALT245
ORDERGoda Raghuram, J.1. All these writ petitions involve common questions and seek substantially similar reliefs and as such are heard and disposed of by this common judgment.2. All the petitioners are owners of vehicles which have a registered seating capacity in excess of six. Some of these vehicles have a registered seating capacity of 16. All the petitioners have approached the competent transport authorities seeking permission to alter the seating capacity of the vehicles to seven in all or thirteen in all, as the case may be, with a view to obtaining permits to ply their vehicles as motor cabs or maxi cabs, respectively. On the competent authority declining the petitioners' applications, they have approached this Court seeking a declaration that the action of the competent authorities in not permitting the alteration constitutes arbitrary action and for a consequential direction to the authority to alter the seating capacity of the vehicles to seven in all or thirteen in all, as...
Javerchand Chawla Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Apr-06-2000
Reported in: 2000(1)ALD(Cri)684; 2000(1)ALT(Cri)540; 2000CriLJ3753
ORDERVaman Rao, J.1. These two Criminal Petitions have been filed under Section 482, Cr.P.C. for quashing the proceedings in Crime No. 144 of 1999 on the file of Narayanaguda police station. The petitioner in Crl. P. No. 2776/99 is the accused No. 1 and the petitioner in Crl. P. No. 2064 of 1999 are accused Nos. 2 to 4 in the said first information report.2. It appears that the de facto complainant filed a complaint under Section 200, Cr.P.C. before the XVII Metropolitan Magistrate, Hyderabad who referred the matter under Section 156(3), Cr.P.C. to Narayanaguda police for investigation. The contention of the learned counsel for the petitioner is that a reading of the complaint would disclose that the dispute between the accused and the de facto complainant is purely of civil nature inasmuch as the de facto complainant has advanced a loan to the accused No. 1 which was not repaid. The counsel further contended that the ingredients of the offence of cheating as defined under Section 145,...
Neela Singh Vs. Mahagopal Singh and Others
Court: Andhra Pradesh
Decided on: Apr-03-2000
Reported in: 2000(3)ALD572; 2000(3)ALT289
1. Both the appeals are directed against the judgment and decreedated 31st December, 1985 passed in OS No. 132 of 1984 on the file of the Additional Chief Judge, City Civil Court, Hyderabad. The said suit was decreed for partition of plaint schedule properties into five equal shares and for allotment of two such shares to the plaintiffs. Aggrieved by the said judgment and decree the 1st defendant preferred AS No.38 of 1986. The plaintiffs also preferred AS No.58 of 1986 having been aggrieved by the judgment and decree granting 2/5th share to the plaintiffs instead of 2/3rd share and also challenging some findings given in the said judgment which are adverse to them. As both the appeals arise out of the same judgment, both the appeals are clubbed and heard together and a common judgment is being pronounced for both the appeals.2. For the sake of convenience the parties to these appeals will be referred to in accordance with their ranking in the suit before the trial Court.3. Facts, as d...
T.S. Devakaranamma and Another Vs. State of Andhra Pradesh and Others
Court: Andhra Pradesh
Decided on: Apr-03-2000
Reported in: 2000(3)ALD407
ORDER1. The subject matter of these writ petitions being the same, they can be disposed of by a common order.2. The first writ petition i.e., WP No.16179 of 1999 is filed questioning the Notice No.10 dated 16-6-1999 and endorsement G8/13299 of 1999 dated 21-6-1999 wherein the request of the petitioners for construction of a puccabuilding in an extent of 1020 sq.yards in Sy.No.97/2 in premises Bearing No.2-9-456 of Vaddepally village, Hanmakonda Mandal, Warangal District was negatived on the ground that the proposed construction is affecting that master plan of the year 1971 wherein a road was proposed to be laid over the land in question. It is further stated in the above notice that the unauthorised constructions that are proposed to be made by the petitioners affecting the master plan will be viewed seriously and the required proceedings under Law will be initiated for prevention and removal of structure (not covered under the decree) which will affect the master plan. It is the cont...
District Collector, Hyderabad and Another Vs. N. Krishna Mohan and Oth ...
Court: Andhra Pradesh
Decided on: Apr-03-2000
Reported in: 2000(4)ALD126; 2000(3)ALT525
ORDERN.Y. Hanumanthappa, J.1. The State filed this appeal challenging the order of the learned single Judge of this Court passed in WP No.10159 of 1998, dated 30-10-1998 quashing the order passed by the District Collector, Hyderabad, in Memo No. 11/7626/97, dated 20-104997 refusing to issue No Objection Certificate in respect of the site bearing MCII No.8-2-470/1 to 5, 6A and 7 to 12 situated in Road No.1, Banjara Hills, Hyderabad on the ground that the said land is a Government land.2. The parties in this appeal are referred as they were arrayed in the writ petition.3. A few facts which are necessary to dispose of this appeal are as follows: S.Nos.116/2 and 116/3 measuring to an extent of Ac.3.27 guntas situated at Khairatabad village, Hyderabad district originally belonged to the then Nizam. It was his private property (Surfekhas). After corning into force of the Surfekhas Merger Regulations 1359 F, all the private properties of Nizam were merged with the Government in the year 1949....
G. Chalapathi Vs. Managing Director, A.P. Industrial Infracture Corpor ...
Court: Andhra Pradesh
Decided on: Apr-03-2000
Reported in: 2000(4)ALD266; 2000(3)ALT107
ORDER1. The petitioner filed this writ petition finally questioning inaction on part of the respondents 1 and 2 in not considering his case for promotion as Assistant ZonalManager (Electrical) as per the Regulations of the Corporation and this Court in WPMP No.26555 of 1996 passed interim order dated 10-10-1996 directing the respondents 'to consider the case of the petitioner for promotion ami unlit such a decision is taken about the eligibility of the petitioner for being promoted no candidate from outside the Corporation shall be brought into the services of the Corporation'. Pursuant to the above interim direction, the Corporation by its inter-office Memo No.510906/PW/ APIIC/E3/96 dated 26-12-1996 rejected the claim of the petitioner for promotion on the ground that the amendment to the service regulations prescribing higher qualifications for the post of Assistant Zonal Manager even for promotion form the feeder category are under consideration. It is also their case that as the pe...
P. John Abraham Vs. State of Andhra Pradesh and Another
Court: Andhra Pradesh
Decided on: Apr-03-2000
Reported in: 2000(4)ALD535; 2000(1)ALD(Cri)779; 2000(2)ALT614; 2000CriLJ3224
ORDER1. The petitioner herein prays for a writ of mandamus directing the Sub-Inspector of Police, I-Town Police Station, Chittoor not to execute the non-bailable warrant dated 19-4-1999 in PRC No.35 of 1994 in CC No. 191 of 1993 on tile file of the learned Vth Additional Munsif Magistrate, Chittoor.2. The averments and allegations made in the affidavit filed in support of the writ petition are very brief and they may have to be noticed before adverting to the question as to whether the petitioner is entitled for any relief at all.3. The petitioner by profession claims to be a Teacher. Admittedly, he worked till 1989 as a Principal of Good Shepherd School in Chittoor. He worked at Infent Jesus School at Nellore from 1989 to 1991. He joined in St. John's School in Poonamalle as the Vice-Principal on 1-9-1993.4. The second respondent herein tired to serve a non-bailable warrant pending in PRC No.35 of 1994 in Criminal No.191 of 1993 on the file of the learned Vth Additional Munsif Magistr...
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