Andhra Pradesh Court June 2000 Judgments
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Chairman and Managing Director, Apsrtc, Mushirabad, Hyd. Vs. M. Lakshm ...
Court: Andhra Pradesh
Decided on: Jun-09-2000
Reported in: I(2001)ACC20; 2001ACJ1065; 2000(4)ALD573; 2000(4)ALT438
1. This appeal is preferred by the respondent-Road Transport Corporation against the award passed by the Additional Chief Judge, City Civil Court, Secunderabad in OP No.598 of 1988 dated 19-2-1991 awarding a sum of Rs.l, 18,5007-with 12% interest per annum as against the respondents-appellant for the death of one Shanker Harishankar, who died in a motor accident on 14-7-1988.2. The claimants-respondents, also filed cross-objections seeking enhancement of the compensation.3. Brief facts of the case are as follows:On 14-7-1988 at about 10-15 p.m., the deceased after taking tea in the hotel nearby Mettuguda cross roads along with his brother, moved on the road from right side to left side. At that juncture an RTC bus bearing No.AEZ 3915 was coming from Secunderabad to ECIL rashly and negligently, and hit the deceased with the result the deceased fell down and bleeding from his nose started. He was taken to the hospital where he succumbed to the injuries. The claimants who are the wife, ch...
District Collector and ors. Vs. Sayanna and anr.
Court: Andhra Pradesh
Decided on: Jun-09-2000
Reported in: 2000(4)ALT430
P. Venkatarama Reddi, J.1. This CRP filed in the year 1995 arises out of the warrant of arrest issued against the District Collector, Mahabubnagar for non- execution of the orders in E.P. No. 24/94 dated-30-3-95 and 4-5-95. On 30-3-95, the following order was passed. 'Counter not filed Judgment-debtors are set ex parte. Issue warrant of arrest'. On 4-5-95, the District Munsif, Mahabubnagar ordered issuance of fresh warrants of arrest and posted the case to 29-6-95. Aggrieved by these orders, the present CRP is filed. The contention raised in the CRP is that in view of the fact that the impugned decree passed in O.S. No. 160/81 as affirmed in A.S, No. 34/93 has been questioned in a Second Appeal filed with a petition to condone the delay (of about ten years), the warrant of arrest ought not to be enforced. Just now, we have dismissed the petition to condone the delay. Hence, the Second Appeal stands dismissed in limine. In view of the disposal of the Second Appeal, the logical consequen...
Vaddavalli Fishermen Co-operative Society Ltd. Vs. Rayidi Krishna Kuma ...
Court: Andhra Pradesh
Decided on: Jun-08-2000
Reported in: 2000(4)ALD259; 2000(4)ALT1
ORDERM.S. Liberhan, C.J.1. This order will dispose of the Writ Appeal as well as the Writ Petition, which was taken up for decision on merits with the consent of the learned Counsel for the parties.2. The dispute involved in these matters relate to leasing of fishery rights over the Tondapi major irrigation tank situate in Tondapi Gram Panchayat in Guntur district. The Gram Panchayat claiming that the major irrigation tank in dispute vests in the Gram Panchayat auctioned the fishery rights in favour of the 6th respondent herein by operation of Section 80 of the Andhra Pradesh Panchayat Raj Act, 1994 (for short 'the Act'). The Gram Panchayat represented by its Sarpanch initially filed the Writ Petition No.15090 of 1999 against respondents 1 to 4 seeking a declaration that the tank vests in the Gram Panchayat with a consequential relief of issuing a mandamus injucting the respondents from interfering in the rights of the Panchayat over the tank in dispute and other tankssituate within th...
State of A.P. Vs. Merla Venkata Rao (Died) and Others
Court: Andhra Pradesh
Decided on: Jun-08-2000
Reported in: 2000(4)ALD548; 2000(4)ALT608
ORDER1. Whether the agricultural lands transferred by sale or otherwise during the crucial period between 24-1-1971 and 2-5-1972 falling under Section 7(1) of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for short the Act 1 of 1973) shall be liable for surrender as excess land under Section 10 of the Act 1 of 1973 is the nub of the issue mooted in all the revisions by the State.2. The facts in all the revisions lie in a narrow compass: One Sri Marala Venkata Rao S/o. Agathaiah and his wife Suramma filed declarations in LCC No.l257/KDA/75 and LCC No.1181/KDA/75 under Section 8 of the Act 1 of 1973. As per Section 3(f) the husband and wife comprise a family unit. Both the declarations were clubbedtogether and determined that the declarant was holding excess land equivalent to 8-1020 SH by order dated 31-10-1975. The declarant aggrieved by the orders of the primary Tribunal filed LRA No.64 of 1975 on the file of Land Reforms Appellate Tribunal, Rajahmundry and the s...
Mannem Pedda Narsi Reddy (Died) Per L.Rs. Vs. Land Acquisition Officer ...
Court: Andhra Pradesh
Decided on: Jun-08-2000
Reported in: 2000(4)ALT35
N.Y. Hanumanthappa, J.1. This appeal is directed against the judgment and decree dated 28-2-1998 passed by the learned Senior Civil Judge, Gurazala in L.A.O.P. No. 199 of 1995.2. A few facts which are necessary to dispose of this appeal are as follows:The Government, with a view to distribute sites to weaker sections of the society, thought of acquiring some land covered by S. Nos. 873/1 and 874 at Julakallu village of Piduguralla Mandal, Guntur District. Accordingly, draft notification under Section 4(1) of the Land Acquisition Act was published in Guntur District Gazette on 11-11-1977 for acquiring Ac.6-64 cents out of Ac.18-10 cents in S. No. 873/1 and Ac.5-86 cents out of Ac.50-33 cents in S. No. 874. As far as the present appeal is concerned, the land acquired was 5 acres 26 cents in S. No. 873/1. Notices under Sections 10-1, 9(3) and 10 were issued, but the enquiry of the award could not be completed, as the pattadars were absent from the village. The beneficiaries desired to get...
A. Ravi Kumar Vs. Managing Director, A.P.S.R.T.C. and anr.
Court: Andhra Pradesh
Decided on: Jun-08-2000
Reported in: 2000(4)ALT506
ORDERS. Ananda Reddy, J.1. This writ petition is filed seeking a declaration that the action of respondents in rejecting the claim for appointment on compassionate grounds in the second respondent-Corporation in any of the vacant posts as illegal, arbitrary, contrary to well established principles of law and consequently directing the respondents to appoint the petitioner forthwith in any one of the suitable posts.2. It is stated by the petitioner that his father late A. Veera Raghava Rao while serving as a Driver in the respondent-Corporation at Vijayawada, died in harness on 11-10-1993. Thereafter the petitioner made an application to the second respondent seeking appointment on compassionate grounds. In response to the said application the petitioner was interviewed on 19-1-1996 for the post of Conductor and thereafter no orders were passed either appointing the petitioner or rejecting his claim. Aggrieved by the said inaction, the petitioner approached this Court by filing a W.P. N...
E. Rama Murthy and Another Vs. Government of Andhra Pradesh and Others
Court: Andhra Pradesh
Decided on: Jun-07-2000
Reported in: 2000(4)ALD74; 2000(3)ALT495
ORDER1. The petitioners are the brothers and owners of 2 acres of land comprised in S. Nos.639, 640, 641/2 and 641/3 situate in Suryapet village and Mandal, Nalgonda District totally ad measuring Ac.3-29 guntas. The above land owned by the petitioners and one Smt. Erlapati Lakstiinamma, wife of Venkatanarayana, is sought to be acquired under the provisions of the Land Acquisition Act, 1894 (for short 'the Act') for the public purpose, to wit. for providing additional accommodation to the existing APSW Residential School/Junior College for Girls, Suryapet. The petitioners have sought for quashing the notification issued under Section 4(1) of the Act in G.O. Rt. No.280 Social Welfare (SWRS) Department dated 3-6-1998 and declaration issued under Section 6 of the Act in Government Memo No.21 826/Social Welfare (SWRS) Department dated 4-6-1998 and subsequent consequential actions taken by the respondent State authorities.2. The background facts that led to the filing of the present writ pet...
Naveenchand and Another Vs. Nagarjuna Travels and Hotels (P) Ltd., Bas ...
Court: Andhra Pradesh
Decided on: Jun-07-2000
Reported in: 2000(4)ALD293; 2000(4)ALT56
ORDERA. Gopal Reddy, J.1. These two appeals are directed against the common judgment and decree dated 2-4-1999 rendered in OS No.778 of 1996 and OS No.461 of 1998 on the file of learned IV Senior Civil Judge, City Civil Court, Hyderabad.2. The defendant, who suffered eviction decree and also decree for mesne profits at the rate of Rs.20,000-00 per month for the suit schedule premises from 1-11-1995 to 30-4-1996 and also future rent at the rate of Rs.20,000-00 per month from the date of decree till delivery of vacant possession in OS No.778 of 1996, filed the appeal-CCCA No.99 of 1999.3. The plaintiff-landlord aggrieved by the common judgment and decree in OS No.778 of 1996 filed CCCA No.99 and COCA No.100 of 1999 claiming mesne profits at the rate of Rs.40,000-00 per month from 26-4-1996 till date of present appeal and future rent at the same rate till the date of delivery of vacant possession.4. The facts, not in dispute, are that the plaintiff landlord leased out the suit schedule pr...
Kanuganti Kavitha and Others Vs. Osman BIn Ahmed and Others
Court: Andhra Pradesh
Decided on: Jun-07-2000
Reported in: 2000(5)ALD244
1. These two appeals are directed against the award dated 18-12-1990 in OPNo.118 of 1990 on the file of Motor Accident Claims Tribunal-cum-Additional District Judge, Nizamabad.2. CMA No.448 of 1991 is preferred by the claimants-appellants namely, wife, children, and parents of the deceased Chandram seeking enhancement of the compensation on the ground that the Tribunal has not applied the correct multiplier and erroneously awarded a meagre sum of Rs.1,30,000/- as against a total claim of Rs.3,00,000/- for the death of the deceased at the age of 28 years on 26-3-1990.3. CMA No. 978 of 1991 is preferred by the insurance Company and the owner of the lorry contending that the vehicle in question was not all involved in the accident and the Tribunal ought not to have passed the award fastening the liability on the insurer-appellant Insurance company to pay the compensation.4. The facts of the case leading to filing of these appeals are as follows:On 26-3-1990 at about 7.30 p.m. the deceased...
Jagarlamudi Krishna Kishore and ors. Vs. the State of A.P., Rep. by P. ...
Court: Andhra Pradesh
Decided on: Jun-07-2000
Reported in: 2000(2)ALD(Cri)133; 2001CriLJ1498
ORDERVaman Rao, J. 1. This petition under Section 482 of CrPC seeks quashing of the proceedings in STC NO.108 of 1997 on the file of the Judicial Magistrate of Second Class, Guntur in which four petitioners herein who are accused nos.309 to 312 face charge under Section 3 of the A.P.Gaming Act. 2. The brief facts as disclosed in the charge-sheet may be stated as follows: LVR and Sons Club has been running at Guntur for about 90 years. It was shifted to the present premises about 20 years back. The petitioners herein who are accused nos.309 to 312 are said to be the President, Vice President, Secretary and Treasurer respectively of the said club. It is stated that the main source of income to this club is derived by allowing the persons to gamble by playing game of cards called 'Kothamukka' which is said to be a game of pure chance and no skill being involved. It is stated that the persons responsible for the management of the club not only allowing the regular members to indulge in ga...
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