Andhra Pradesh Court October 2001 Judgments
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Vaddepalli Rajesham Vs. Andhra Pradesh State Road Trans. Corpn.
Court: Andhra Pradesh
Decided on: Oct-17-2001
Reported in: 2002ACJ1993
N.V. Ramana, J.1. This appeal is filed by the appellant-claimant aggrieved by the order dated 20.11.1996 passed by the Motor Accidents Claims Tribunal-cum-District Judge, Karimnagar in O.P. No. 687 of 1993 which was filed by the appellant-claimant claiming compensation of Rs. 1,50,000 for the injuries sustained by him in a motor vehicle accident occurred on 12.6.1993 at about 8.15 a.m. wherein the R.T.C. bus bearing No. AP 9-Z 3819 was involved. The learned Judge of the Tribunal below on appreciation of the entire evidence on record determined the compensation at Rs. 95,000 but dismissed the claim petition on the ground that the driver of the R.T.C. bus who is a necessary party to the claim petition was not added by the petitioner and hence the respondent Corporation cannot be made liable to pay any compensation. Questioning the same, the present appeal has been filed.2. It is contended by learned counsel for the appellant that the learned Judge erroneously dismissed the claim petition...
N. Ramanuja and ors. Vs. P. Satyanarayana and ors.
Court: Andhra Pradesh
Decided on: Oct-17-2001
Reported in: 2002(1)ALT189
S.B. Sinha, C.J.1. This appeal is directed against a notice dated 12-10-2001 issued by a learned Single Judge of this Court directing the appellants herein to appear before this Court so as to answer the charge of Contempt of Court viz., for violating the orders of the High Court dated 19-12-2000 in Writ Petition No. 28597 of 1995 and show cause as to why they shall not be committed to prison for violation of the said orders.2. To a query as to whether an appeal is maintainable against issuance of a notice under the Contempt of Courts Act, 1971(for short 'the Act') read with the Contempt of Court Rules, 1980 (for short 'the Rules') framed by this Court, Mr.S. Venkata Reddy, learned Senior Counsel appearing on behalf of the appellants would submit that an appeal is maintainable both under Section 19 of the Act as also Clause 15 of the Letters Patent of this Court. According to the learned Counsel, it was incumbent upon the learned Single Judge to issue a notice at the first instance as ...
Divisional Manager, Apsrtc, Vizianagaram Vs. State Transport Appellate ...
Court: Andhra Pradesh
Decided on: Oct-16-2001
Reported in: 2001(6)ALD408; 2001(6)ALT79a
S.B. Sinha, C.J.1. These two writ petitions involving common questions of fact and law were heard together and are being disposed of by this common judgment.FACTS:2. The private operators are operating their bus services from Vizianagaam to Gumpam via old bus stand, Kothapeta temple, Presa Samajam, P.B. Colony junction, Venugopalapuram, Ramathirthalu junction, Moida junction, Jarajapupeta.The overlapping portions of the State route would appear from the following sketch.3. The aforementioned route was nationalised by reason of G.O.Ms.No.625, dated 19.5.1975 laying down the scheme, the relevant portions whereof are as follows:1.Route(starting point and terminus with important inter-mediate stations androute length)Visaktiapatnam-Modia (via) Anandapuram, Tagarapu-valasa,Rajapulova Jn, Bhogapuram, Nathavalasa, Deokada, Vizianasaram and Nellimerla(92 Kms).4.Maximum andminimum number of vehicles proposed to be operated on each route by the StateTransport undertaking to the exclusion, comple...
V. Venkata Bharani Vs. High Court of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Oct-16-2001
Reported in: 2001(6)ALD476; 2001(6)ALT255
S.B. Sinha, C.J. 1. How far and towhat extent the Doctrine of Procedural Ultra Vires shall be applicable is the question involved in this reference.FACTS:2. The petitioner was appointed as a Reader in the Copying Section of the Court of Metropolitan Sessions Judge, Hyderabad. She was subsequently promoted to the post of L.D.C. A Disciplinary Proceeding was initiated against her in relationthereto the following charges were framed on 15-12-1993:'1. When the Presiding Officer Sri P. Venugopala Rao, VIII Metropolitan Magistrate orally directed you to prepare and get it typed the consolidated report of the old criminal cases in which accused were absconding, you refused to prepare and get it typed the same and further stated even if a written direction is given you will tear it off and go on leave; and 2. When the Presiding Officer stated thathe will not grant leave for the employeeswho avoid work then you threatened thePresiding Officer as ' and thereby you exhibited gross misconduct, d...
P. Venkateswarlu Vs. Govt. of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Oct-16-2001
Reported in: 2001(6)ALD533; 2002(2)ALT791
S.B. Sinha, C.J. 1. These writ petitions involving common questions of fact and law were heard together and are being disposed of by this common judgment. 2. The controversy in these writ petitions centers around the action of respondents 1 to 4 in permitting respondents 5 and 6 to construct commercial complex in land admeasuring 600 square yards, which was earmarked for a park, in Plot Nos. S1 and S2 of Indian Airlines Housing Colony located in Survey No. 194/11 of Begumpet village, Rangareddy District. Facts in briefs 3. The facts as stated in Writ Petition No. 12538 of 1999, which is filed in public interest, are being considered for the purpose of deciding the questions involved. 4. The Government has acquired an area of Ac.12.24 guntas in Survey No. 194/11 (Part) of Begumpet village by issuing a notification under Section 4(1) of the Land Acquisition Act on 10-6-1975 and invoking urgency clause for the purpose of constructing houses for staff of Indian Airlines. In 1985, the layou...
Apsrtc, Mushirabad, Hyd. Vs. State Transport Appellate Tribunal, Andhr ...
Court: Andhra Pradesh
Decided on: Oct-16-2001
Reported in: 2001(6)ALD795
S.B. Sinha, C.J. 1. These appeals which involve common questions of fact and law were heard together and are being disposed of by this common judgment. They are directed against a common order date 10-6-2001 passed by a learned single Judge of this Court in Writ Petition Nos. 22056 and 22057 of 1994. FACTS 2. The facts in brief are: The appellant - Corporation is third respondent in both the writ petitions. The writ petitions were filed by the third respondent herein to quash the order of the first respondent dated 12-2-1994 whereby and whereunder the order of the second respondent was confirmed. 3. The, writ petitioner-third respondent was granted two pucca stage cartage permits on the inter-district route of Anantapur -Madanapalli - via - Bathalapally, Kadiri, Balasamudram Cross, Molakalacheruvu, Somapalem Cross and Bathalapalem Cross extending lover a distance of 137 k.m. He applied for variation in the route. When his application was pending, the appellant-corporation published a d...
Marri Yadamma and ors. Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Oct-16-2001
Reported in: 2003ACJ1087; 2001(6)ALD821
ORDER1. Marri Yadamma, widow of the deceased Janardhan Reddy, and her two minor daughters, filed this writ petition for issuance of writ of mandamus to direct the respondents to pay monetary compensation of Rs. 2.00 lakhs for the untimely death of her husband as a result of constitutional tort committed by the respondents in not providing accurate medical treatment to save the life which resulted in negligent death of her husband. 2. Consequent upon Rule Nisi issued by this Court, Sri Chinlakayala RamakrishnaRao, Superintendent of Jails, Central Prison, Secunderabad and Dr. M. Meher Prasad, who treated the deceased during the period of confinement in jail filed counter-affidavits. 3. The facts in nutshell are that late Janardhan Reddy was arrested by the Ibrahimpatnam Police on the complaint that he committed theft alongwith some other persons and was produced before the Judicial Magistrate of First Class, Ibrahimpatnam, on 10-7-1994 who remanded him in Crime Nos.76 of 1993 and 116 of ...
R. Srikant Vs. Govt. of A.P. and ors.
Court: Andhra Pradesh
Decided on: Oct-16-2001
Reported in: AIR2002AP109; 2002(1)ALT210
L. Narasimha Reddy, J. 1. The constitutional validity of proviso to Sub-section (2) of Section 47-A of the Indian Stamp act as amended by A.P. Act 8 of 1998 (for short 'the Act') is challenged in this writ petition.2. The facts, as stated by the petitioner, are that he purchased immovable property 'situated within the territorial limits of Sub-Registrar, Chikkadpally and presented the sale deed duly executed by the vendor, for registration before the 3rd respondent on 12-12-1997. The 3rd respondent refused to register the document on the ground that the stamp duty on the document should have been paid, calculated on the basis of the market value of the property at the rate of Rs, 9,000/- per square yard and the stamp duty of Rs. 77,600/- paid by the petitioner is not adequate. Feeling aggrieved by the said demand, the petitioner preferred an appeal before the 2nd respondent, who in turn, fixed the stamp duty payable by the petitioner at Rs. 1,74,670/- taking the market value of the pro...
Principal Secretary to Government (Revenue/Endowments) Department, And ...
Court: Andhra Pradesh
Decided on: Oct-16-2001
Reported in: 2002(1)ALD537
S.B. Sinha, C.J.1. The Writ Appeals by the State are directed against the interim orders passed in the Writ Petitions by a learned single Judge of this Court directing the appellants not to retire the petitioners-archakas from service on their attaining the age of 58 years and to continue them in service until further orders in the Writ petitions. When the Writ Appeals came up for hearing, with the consent of learned counsel appearing for both the parties, the Writ Petitions were also taken up for hearing and accordingly both the writ appeals and writ petitions are being disposed of by this common judgment.2. The respondents-writ petitioners are the Archakas working in different temples under regulatory jurisdiction of the Endowments Department of the State. By individual notices, they were informed that they will be retired from service with effect from 31-7-2001 before they attain the age of 65 years. Aggrieved by such notices, the petitioners filed the writ petitions for a writ of m...
A.P.S.R.T.C. Rep., by Its Managing Director Vs. State Transport Appell ...
Court: Andhra Pradesh
Decided on: Oct-16-2001
Reported in: 2001(6)ALT79
S.B. Sinha, C.J.1. These appeals, which involve common questions of fact and law, were heard together and are being disposed of by this common judgment. They are directed against a common order dated 10-6-2001 passed by a learned single Judge of this Court in Writ Petition Nos. 22056 and 22057 of 1994. FACTS 2. The facts in brief are: The appellant - Corporation is third respondent in both the writ petitions. The writ petitions were filed by the third respondent herein to quash the order of the first respondent dated 12-12-1994 whereby and whereunder the order of the second respondent was confirmed. 3. The writ petitioner-third respondent was granted two pucca stage carriage permits on the inter-district route of Anantapur - Madanapalli - via - Bathalapally, Kadiri, Balasamudram Cross, Molakalacheruvu, Sompalem Cross and Bathalapalem Cross extending over a distance of 117 k.m. He applied for variation in the route. When his application was pending, the appellant-Corporation published a...
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