Andhra Pradesh Court April 2001 Judgments

Mrs. P. Venkata Lakshmi Vs. Dr. Y. Savitha Devi and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

P. Ramakrishnam Raju, President: The facts as revealed in the complaint are these as briefly narrated. 1. The complainant gave birth to a normal child in her first delivery in March, 1988. After a gap of four years she conceived again but unfortunately she had a missed abortion in February, 1992. She conceived in August, 1992 a third time. She consulted Dr. I. Nirmala Reddy, Gynaecologist and Obstetrician, her family doctor and on her advice she had been taking harmons injections from 25.9.1992 to avoid miscarriage. She had rescanned which showed normal single viable foetal node with age of 8-9 weeks. Again on 24.11.1992 she had another ultrasound scan as well as blood, urine etc., tested and everything found normal. On the advice of the family doctor she had one more ultrasound scan fourth time which revealed that the weight of the foetus was good. As her family doctor was not having nursing home she referred the complainant to the first opposite party who is having a nursing home and...

New India Assurance Company Limited, Karimnagar Vs. Mamidi Mallamma an ...

Court: Andhra Pradesh

Reported in: II(2001)ACC577; 2002ACJ1461; 2001(4)ALD8; 2001(4)ALT554

ORDER1. This appeal is filed by the New India Assurance Company Limited, Karimnagar against the order and decree in OP 331 of 1994 or. the file of the Motor Accidents Claims Tribunal, Karimnagar.2. The facts of the case are that the OP was filed by the first respondent-herein/claimant claiming a compensation of Rs.1,00,000/- due to the injuries sustained by him in a motor vehicle accident on 25-12-1993, while he was travelling in a trailer No.APO 4860 which belongs to the 2nd respondent and which was insured with the 3rd respondent/appellant herein. The said trailer was attached to a tractor bearing No.ABP 8892. While the tractor was going towards Bommanapali sivaru with morum load, because of the rash and negligent driving of the driver of the tractor, the trailer which is attached to the tractor severed and the 1st respondent/driver of the tractor lost his control and the hook link between the tractor and trailer got detached and the tractor as well as the trailer turned turtle and t...

N. Lakshmikantha Rao and Others Vs. Government of A.P. and Another

Court: Andhra Pradesh

Reported in: 2001(4)ALD103; 2001(3)ALT624

ORDERB. Subhsdhsn Reddy, J. 1. This writ appeal is preferred against the order of a learned single Judge rejecting the plea of the writ petitioners for the extention of pensionary benefits akin to the other employees of Andhra Pradesh Khadi and Village Industries Board retiring after the cut off date 1-4-1993.2. There were originally 16 writ petitioners who filed this writ appeal. But, since writ petitioner/ Writ Appellant No.16died, his legal representatives have been brought on record as writ appellants 17 to 22. We refer to the parties as arrayed in the writ petition.3. The petitioners were the employees of the 2nd respondent i.e., Andhra Pradesh Khadi and Village Industries Board, hereinafter called as 'the Board'. They had retired before 1-4-1993. Way back on 16-11-1983, the Board had passed a resolution that its employees be treated as Government Servants for all purposes including that of extending the pensionary benefits under Andhra Pradesh Revised Pension Rules, 1980 and forw...

Nalli Venkata Reddy Vs. Sri Lakshmi Narasimha Swamy Devasthanam, Anter ...

Court: Andhra Pradesh

Reported in: 2001(4)ALD409; 2001(3)ALT748

ORDERB. Subhashan Reddy, J. 1. The writ appeal and the batch of writ petitions arise out of the Andhra Pradesh (Andhra Area) Tenancy Act, 1956 (hereinafter referred to as ' the Tenancy Act').2. WA No. 514 of 1997 has been preferred aggrieved by the judgment dated 14-3-1997 of the learned single Judge rendered in WP No.4473 of 1997. By the said judgment, the learned single Judge has repelled the contention of the writ appellant, who questioned the jurisdiction of theTenancy Tribunal in entertaining ATC No.67 of 1996 filed under Section 6 of the Tenancy Act for fixation of fair rent. The said application for fixation of fair rent was filed by Sri Lakshmi Narasimha Swamy Devasthanam, Antarvedi of East Godavari District. As similar pleas have been raised in the above batch of writ petitions, the same have been tagged on to the writ appeal.3. The parties are referred to as arrayed in the writ petitions. The writ petitioners are the cultivating tenants within the definition of Section 2(c) o...

Sanjana Films Vs. Commissioner of Income-tax and anr.

Court: Andhra Pradesh

Reported in: [2001]250ITR304(AP)

S.R. Nayak, J.1. The petitioner is a partnership firm engaged in the business of film distribution and running a cinema theatre. The returns of income for the assessment years 1986-87 and 1987-88 were due to be filed on July 31, 1986, and July 31, 1987, respectively. In respect of the assessment years 1986-87 and 1987-88, the petitioner filed Form No. 6 for extension of time up to August 31, 1986, and August 31, 1987, respectively. However, the returns for both the assessment years 1986-87 and 1987-88 were filed voluntarily by the petitioner on October 13, 1987, and May 9, 1988,respectively, and no notice was served by the Department for filing of the return under any of the provisions of the Income-tax Act. The second respondent completed the assessment based on the primary facts placed before him by the petitioner. However, an expenditure of Rs. 2,00,000 in assessment year 1986-87 and Rs. 1,00,000 in the assessment year 1987-88 was disallowed by the second respondent on the ground th...

S.V. Rama Krishna Vs. R. Subbamma and anr.

Court: Andhra Pradesh

Reported in: 2001(5)ALT657

ORDERN.V. Ramana, J.1. The appellant-herein is judgment-debtor. He filed E.A. No. 410/1991 in E.P. 4/1991 in O.S. 33/1987 on the file of Senior Civil Judge, Tadepalligudem under Order 21, Rule 90 CPC to set aside the sale dated 25.11.1991. The Court below after considering the evidence, both oral and documentary, adduced by both parties came to the conclusion that there are no irregularities or fraud played by the respondents, viz., the decree holder and auction purchaser in the auction held on 25.11.1991 and dismissed the said E.A. 410/1991. Aggrieved by the same, this appeal is filed by the judgment-debtor. 2. In this appeal, status quo order was granted 7.12.1996 for a period of one month and the matter was directed to be posted for orders on 17.1.1997. On 30.1.1997, the status quo order was extended till 7.2.1997. On 2.5.1997, the status quo order was extended till the end of June 1997. On 11.7.1997, the said status quo order was extended till 14.7.1997. On 19.9.1997, the matter wa...

V. Bhupathamma Vs. R. Kalyani

Court: Andhra Pradesh

Reported in: 2001(5)ALT648

ORDERB.S.A. Swamy, J.1. The petitioner, a licensee of Indian Liquor 24, filed this revision petition questioning the order passed by the First Additional Junior Civil Judge, Tirupathi in I.A.No. 1026 of 2000 in O.S.No. 898 of 2000 granting temporary injunction restraining her from interfering with the business alleged to be carried on by the respondent as confirmed by the order of the III Additional District Judge, Tirupathi in CMA No. 47 of 2000.2. Heard both sides.3. The learned Counsel for the respondent raised a preliminary objection by contending that this revision petition is not maintainable, as the Court below which passed the impugned order was (not) having jurisdiction. In support of his contention, he relied on certain judgments. Before adverting to the issue, I would like to refer to the factual background of this case for effective adjudication.4. It is not in dispute that the petitioner herein is the licencee of IL 24 to vend liquor in retail during the Excise year 1998-9...

Andhra Pradesh State Road Trans. Corpn. Vs. P. Venkat Rao and ors.

Court: Andhra Pradesh

Reported in: 2002ACJ1506

N.V. Ramana, J.1. All these appeals arise out of the same accident. The appellant in CM.A. No. 2692 of 1998 is the claimant in O.P. No. 631 of 1993. He filed the appeal being dissatisfied with the quantum of compensation awarded by the Tribunal. The remaining appeals are filed by the A.P.S.R.T.C. aggrieved by the orders and decrees passed by the Tribunal granting compensation to claimants-respondents therein by the Tribunal. As the facts and question involved in all these cases are identical, these appeals are heard together and are disposed of by this common order.2. Before proceeding to consider the appeals, the brief facts that led to the filing of these appeals may be noticed. On 8.3.1993, the Express R.T.C. bus No. AP 9-Z 4236 proceeding from Hyderabad and bound for Chilakaluripet reached Narsarao-pet at 4 a.m. Thereafter from Narsaraopet it started at 4.10 a.m. and when the bus reached near the Vinukonda rail crossing gate at Narsaraopet, two persons stopped the bus and boarded t...

A.P.S.R.T.C. Vs. P. Venkat Rao and ors.

Court: Andhra Pradesh

Reported in: II(2001)ACC332; II(2002)ACC423; 2001(4)ALT466

ORDERN.V. Ramana, J.1. All these appeals arise out of the same accident. The appellant in C.M.A. No. 2692/1998 is the claimant in O.P. 631/1993. He filed the appeal dissatisfied with the quantum of compensation awarded by the Tribunal. The remaining appeals are filed by the A.P.S.R.T.C. aggrieved by the orders and decrees passed by the Tribunal granting compensation to the claimants/respondents therein by the Tribunal. As the facts and the question involved in all these cases are identical, these appeals are heard together and are being disposed of by this common order.2. Before proceeding to consider the appeals, the brief facts that led to the filing of these appeals may be noticed. On 8-3-1993, the Express R.T.C. bus AP 9Z 4236 proceeding from Hyderabad and bound to Chilakaluripet reached Narsaraopet at 4-00 a.m. Thereafter from Narsaraopet it started at 4-10 a.m. and when the bus reached near the Vinukonda rail crossing gate at Narsaraopet, two persons stopped the bus and boarded t...

New India Assurance Company Ltd. Vs. R.R. Usharani and ors.

Court: Andhra Pradesh

Reported in: I(2004)ACC427

G. Bikshapathy, J.1. This appeal is preferred by the Insurance Company against the orders dated 1.12.1998 passed by the learned Motor Accident Claims Tribunal (Chief Judge, City Civil Court, Hyderabad) in O.P. No. 568 of 1994.2. The claimants are the legal representatives of the pillion rider Dr. G. Ramakrishna Reddy who died in an accident that took place on 21.11.1993. On that day, the deceased was travelling as a pillion rider on the motorcycle driven by the 1st respondent in the O.R bearing No. ATC 7103, from Krishna Oberoi Hotel towards the University. While so, on the way, on account of rash and negligent driving of the driver of the motor cycle, unfortunate accident had occurred in which the pillion rider was severely injured and immediately he was admitted in the Apollo Hospital, where he succumbed to the injuries on 31.12.1993. The legal representatives of the deceased pillion rider lodged a petition in O.R No. 568 of 1994 claiming compensation for the death of the deceased. T...