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Andhra Pradesh Court March 2001 Judgments

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Mar 23 2001

Somanatha Reddy and ors. Vs. Govt. of A.P. and ors.

Court: Andhra Pradesh

Decided on: Mar-23-2001

Reported in: 2001(2)ALT515

ORDERS. Ananda Reddy, J.1. These two writ petitions are filed assailing the action of the first respondent in according permission for the sale of land in an extent of Ac. 1-35 cts in R.S.No. 293 in Penugonda village, West Godavari District belonging to Sri Nageshwara Swamy and Sri Vasavi Kanyaka Parameshwari Temples, Penugonda of West Godavari District, by way of private sale in favour of the fourth respondent as the same is in contravention of the provisions of Section 80 of A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short 'the Act').2. The petitioners are the villagers of Penugonda and they are the devotees of Sri Nageswara Swamy, Sri Mahishasura Mardhini, Sri Vasavi Kanyaka Parameshwari Temples of Penugonda. The said temples own an extent of Ac. 1.96 cents in R.S.No. 293 of Penugonda. According to the petitioners, the third respondent in collusion with the fourth respondent proposed to alienate the said land for a meagre price causing loss to the...


Mar 22 2001

Shiv Raj Vs. Ashok Kumar and Another

Court: Andhra Pradesh

Decided on: Mar-22-2001

Reported in: 2001(3)ALD213; 2001(4)ALT40

1. The defendant, who isthe tenant of the suit schedule property, filed this second appeal against the judgment and decree dated 4-4-1995 made in AS No.199 of 1991 on the file of the Additional Chief Judge, City Civil Court, Hyderabad, reversing the judgment and decree dated 12-8-1991 in OS No.546 of 1988 in the file of the X Assistant Judge, City Civil Court, Hyderabad.2. The respondents herein are the plaintiffs and the landlords of the suit schedule premises. The parties herein are referred to as arrayed in the suit.3. The plaintiffs fifed the suit for eviction of the defendant, for arrears of rents and for future mesne profits, and costs. The said suit filed by the plaintiffs was dismissed by the Trial Court, against which, the plaintiffs filed an appeal. The Lower Appellate Court allowed the appeal and decreed the suit filed by them directing the defendant to vacate the suit mulgi within 3 months from the date of the judgment and handover vacant possession of the same to the plain...


Mar 22 2001

iii Wheelar, Iv Wheelar and Lorry Owners Welfare Association, Ap Vs. G ...

Court: Andhra Pradesh

Decided on: Mar-22-2001

Reported in: 2001(3)ALD689

ORDERS.R. Nayak, J 1. This writ petition is filed by the III Wheeler, IV Wheeler and Lorry Owners Welfare Association (Regd.) for the following relief;'To issue a writ order or direction more in the nature of writ of mandamus directing the Secretary, Regional Transport Authority of the concerned Transport authorities to issue a valid receipt for payment being received towards motor vehicle tax from the owners of the commercial motor vehicles whether being III wheeler, IV wheeler or lorries and be pleased to pass such other and further orders.....'The complaint of the petitioner is that the concerned authorities of the Transport Department refused to issue valid receipts for payment made by the members, of the petitioner-association towards motor vehicle tax. So alleging the above relief is sought.2. In response to notice re-rule, the Joint Transport Commissioner-cum-Secretary, RTA, Hyderabad has filed counter. In the counter-affidavit it is asserted that the members of the petitioner-A...


Mar 22 2001

Nuclear Fuel Complex, Hyderabad and Others Vs. M. Anasuya and Others

Court: Andhra Pradesh

Decided on: Mar-22-2001

Reported in: 2001(4)ALD11; 2001(3)ALT314; [2001(90)FLR851]

ORDERSatya Brata Sinha, C.J.1. This appeal is directed against a judgment dated 25th September, 2000 passed by a learned single judge of this Court in WP No.29210 of 1998 whereby and whereunder the writ petition filed by the writ petitioners-respondents herein was allowed.2. The writ petitioners were said to be engaged by the appellant-Nuclear Fuel Complex (for brevity MFC) -- as contract labourers. They filed the writ petition seeking a writ in the nature of mandamus directing the appellant herein to absorb them as its regular employees, to prescribe the appropriate scales of pay and other service conditions from the date of their initial appointment and to pay arrears of salary.3. According to the writ petitioners they had been working as sweepers in the manufacturing plant and administrative building of the NFC. Admittedly, they had been working under a contractor having been appointed in the year 1992, except the petitioner No.5 who was appointed in year 1995.4. The learned single ...


Mar 22 2001

Sunil Kumar Chhaperia Vs. Dakka Eshwaraiah and anr.

Court: Andhra Pradesh

Decided on: Mar-22-2001

Reported in: 2001(1)ALD(Cri)633; 2001(1)ALT(Cri)355; [2002]108CompCas687(AP)

R. Ramanujam, J. 1. The oft recurring question that:Whether a Director of a Company registered under the Companies Act is liable Cor prosecution for an offence punishable under Section 138 of the Negotiable Instruments Act without there being an allegation in the complaint to the effect that he was in-charge of and was responsible for the conduct of the business of the Company at the time when the offence was committed or that the offence was committed with his consent or connivance ?Has again come up for consideration in this batch of five criminal petitions, which were filed under Section 482, Cr.P.C. for quashing the criminal proceedings in Calendar Case Nos. 290, 291, 316, 282 and 283 of 1999 respectively pending on the file of the I Additional Judicial Magistrate of I Class. Proddatur, Cuddapah District.2. The petitioner herein is figuring as A-3 in all the aforesaid Calendar Cases and he is charged with the offences punishable under Sections 138 and 142 of the Negotiable Instrume...


Mar 22 2001

S.K. Ramju Vs. A.P.S.R.T.C. and ors.

Court: Andhra Pradesh

Decided on: Mar-22-2001

Reported in: 2001(3)ALT72

Satyabrata Sinha, C.J.1. This writ appeal is directed against the order dated 19-11-1999, passed by the learned single Judge, dismissing the writ petition W.P. No. 23754 if 1999, filed by the appellant herein.2. The appellant herein in the afore-mentioned writ petition questioned the purported action of the respondent-Corporation in proceeding to complete the disciplinary proceedings initiated against him.3. The fact of the matter in brief is that a charge sheet was issued to the appellant on 15-2-1996 as regards an accident that allegedly occurred on account of his rash and negligent driving resulting in the loss of a valuable life of a cyclist, and by reason whereof the image of the respondent-Corporation was badly damaged. A criminal case was also registered against the appellant under Section 304-A IPC in C.C. No. 177 of 1996 on the file of the Judicial First Class Magistrate, Nalgonda. The said case resulted in the acquittal of the appellant. It is admitted at the bar that the app...


Mar 20 2001

Audit Officer, Local Funds, Mahabubnagar and Another Vs. Ahmed HussaIn ...

Court: Andhra Pradesh

Decided on: Mar-20-2001

Reported in: 2001(3)ALD156; 2001(3)ALT272

ORDERS.B. Sinha, CJ 1. This writ petition is directed against order dated 13-6-2000 passed by the A.P. Administrative Tribunal in OA No.5582 of 1999, whereby and whereunder the Original Application filed by the 1st respondent herein was allowed with the following directions:'Thus, the impugned order issued by the 2nd respondent in Lr.No.A2/Fen/2424/ 98-99, dated 13-1-1999 is set aside. The respondents are directed to sanction and pay to the applicant his pensionary benefits and gratuity taking into consideration service rendered by him from 14-8-1963 to 3-1-1973 as DRR Driver and accordingly the respondents are directed to revise his pension and gratuity and pay all the pensionary benefits to which he is entitled on such revision. This exercise shall be completed within a period of three months from the date of receipt of a copy of this order. The OA is disposed of accordingly with the aforesaid directions.'2. The basic fact of the matter is not in dispute.The 1st respondent herein wor...


Mar 20 2001

National Insurance Company Ltd. Vs. Rajesh Helmandge and Another

Court: Andhra Pradesh

Decided on: Mar-20-2001

Reported in: 2002ACJ1328; 2001(3)ALD177; 2001(3)ALT251; [2001(89)FLR959]

ORDER1. This appeal is filed by the National Insurance Company Limited/ opposite party No.2 (hereinafter called 'the Insurance Company') against the order dated 31-7-1992 in WC No.75 of 1990 granting compensation of Rs. 1,09,235/- to the first respondent/applicant (hereinafter called 'the workman'). The opposite party No. 1 before the Commissioner for Workmen Compensation (hereinafter called 'theTribunal') is the second respondent in this appeal, he is the owner of the lorry bearing No. ADT 1209 (hereinafter called 'the owner'). 2. The brief facts necessary to dispose of the appeal are as follows: The workman while working with the owner on the lorry bearing No.ADT 1209 met with an accident on 25-5-1990 at a place falling within the territorial jurisdiction of the Indupur in Maharashtra State. The lorry was covered by the insurance policy given by the Insurance Company. The workman sustained grave multiple injuries, and it is alleged that he totally lost his earning capacity. According...


Mar 20 2001

K. Chandrasekar Vs. Regional Manger, Apsrtc, Cuddapah

Court: Andhra Pradesh

Decided on: Mar-20-2001

Reported in: 2001(3)ALD311

ORDERThe petitioner is running a Soda and Cool drink stall in Rajampet bus station. It is under the administrative control of the respondent herein. The petitioner has been awarded a licence for a period of three years commencing from 1-4-1999 to 31-3-2002 on payment of a monthly licence fee of Rs.8,009/-. Under the terms of agreement governing the relationship between the parties dated 30-4-1999 there are incorporated various rights and obligation of the respective parties. 2. By the order of the respondent dated 24-2-2001, the licence awarded to the petitioner has been terminated with immediate effect and the security deposit lying in credit with the Corporation has been directed to be forfeited after adjusting the licence fee due from the petitioner to the Corporation. This order has been passed on the ground that a notice dated 21-12-2000 has been served on the petitioner for breach of the terms and conditions set out in the deed of licence and that despite receipt of notice, the p...


Mar 20 2001

New India Assurance Co., Ltd., Arundalpet, Guntur Vs. Thanichintala Ve ...

Court: Andhra Pradesh

Decided on: Mar-20-2001

Reported in: II(2001)ACC152; I(2002)ACC485; 2002ACJ485; 2001(3)ALD389; 2001(4)ALT178

1. The only question which falls for determination in both these CMAs, is whether the insurer is liable under the provisions of Section 147 of the Motor Vehicles Act, 1988 (hereinafter called the 'New Act'), as it stood prior to the amendment by Amending Act 54 of 1994, to pay compensation for the death or bodily injury caused to the 'owner of the goods' travelling in a goods vehicle.2. Insurance company is the appellant in these two appeals. It filed CMA No.235 of 1998 questioning the award passed in OP No.267 of 1992, on the file of the Motor Accidents Claims Tribunal, Guntur. In this case, Thanichintala Venkaiah, while travelling in a lorry bearing Registration No.l6T-1832 along with his fish baskets bypaying an amount of Rs.50/- as fare from Macherla to Dachepalli, received grievous injuries when the lorry turned turtle in the outskirts of the Macherla. The said accident occurred on 9-12-1991. He, therefore, file the OP under Sections 140 and 166 of the Motor Vehicles Act, 1988 cla...


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