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Andhra Pradesh Court January 2002 Judgments

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Jan 03 2002

Aptransco Vs. Kanamati Reddy Koti Reddy and ors.

Court: Andhra Pradesh

Decided on: Jan-03-2002

Reported in: AIR2002AP193; 2002(2)ALT170

Ar. Lakshmanan, C.J.1. Heard both sides.2. Appellant in all these Writ Appeals is the Transmission Corporation of Andhra Pradesh Limited (for short 'APTRANSCO'). Challenging a common order dated 8.10.2001 passed by a learned single judge of this Court in W.P.Nos.20181, 20204, 20306 and 20524 of 2001, Writ Appeal Nos.2004, 2042, 2044 of 2001 are filed. The same learned judge passed another similar order dated 10.10.2001 in W.P.No.2100 of 2001 against which, W.A.No.2026 is filed. Following the said common order dated 8.10.2001 another learned single judge of this Court passed similar orders dt.21.11.2001, 7.11.2001 and 23.11.2001 separately in three Writ Petitions, being, W.P.Nos.23966, 22995 and 24115 respectively and against the said orders, W.A.Nos.1988, 2021 and 2000 of 2001 are filed.3. All the above Writ Appeals raise common issues and the relief sought for in the appeals is also common. Therefore, we dispose of all the appeals by this common judgment.4. For the purpose of apprecia...


Jan 03 2002

Katuri Venkateswara Rao and ors. Vs. Andhra Pradesh Co-operative Appel ...

Court: Andhra Pradesh

Decided on: Jan-03-2002

Reported in: 2002(1)ALD808; 2002(1)ALT590

Ar. Lakshmanan, C.J. 1. Heard Mr. Vedula Venkataramana, learned Counsel for the appellant, learned Government Pleader appearing for the respondent No. 1, Mr. B. Adinarayana Rao, learned Counsel appearing for respondents 2 and 5 and Mr. K. Rajanna representing Mr. K.L.N. Raghavendra Reddy learned Counsel for respondents 3 and 4. 2. The writ appeal is directed against an order dated 27th November, 2001 passed by a teamed single Judge of this Court in WP No. 14006 of 2000 dismissing the writ petition and affirming the orders passed by the first respondent herein, the Cooperative Appellate Tribunal. 3. The writ petition was filed challenging the orders dated 25-7-2000 passed by the first respondent herein i.e., the Cooperative Appellate Tribunal in OA Nos. 105 to 112, 115 and 117 of 1999. 4. We have perused both the orders passed by the learned single Judge and also the Cooperative Appellate Tribunal. 5. The first appellant herein is the husband of the 3rd appellant and the father of appel...


Jan 03 2002

Sankaravamsam Sasidevi Vs. Commissioner of Tribal Welfare, Telugu Sank ...

Court: Andhra Pradesh

Decided on: Jan-03-2002

Reported in: 2002(1)ALD841; 2002(2)ALT32

Ar. Lakshmanan, C.J.1. With the consent of both the sides, the writ appeal itself is taken up for final hearing at the stage of admission.2. The writ appeal is directed against the order dated 22-11-2001, passed by a learned single Judge of this Court disposing of the writ petition being WP No. 23141 of 2001, filed by the appellant-petitioner to quash the proceedings dated 16-10-2001, issued by the 1st respondent-Commissioner of Tribal Welfare, in Reference Rc. No. 6514/ 2001/TRI/VC-2. By the said proceedings, 1st respondent advised the appellant to see the Director, TCR and TI, Hyderabad, on 1-11-2001, along with an elder member of her family who has full knowledge about his community so as to furnish oral and documentary evidence to substantiate their Scheduled Tribe status claim. The appellant, in support of their Scheduled Tribe statusclaim was directed to bring ration card, and if ration card is not issued, to being identity certificate from the MRO or a Gazetted Officer, voters l...


Jan 03 2002

Transmission Corporation of Andhra Pradesh Limited and ors. Vs. Kanama ...

Court: Andhra Pradesh

Decided on: Jan-03-2002

Reported in: 2002(1)ALD838

Ar. Lakshmanan, C.J.1. Heard both sides.2. Appellant in all these writ appeals is the Transmission Corporation of Andhra Pradesh Limited (for short 'APTRANSCO'). Challenging a common order dated 8-10-2001 passed by a learned single Judge of this Court in WP Nos. 20181, 20204, 20306 and 20524 of 2001, Writ Appeal Nos. 2004, 2042, 2042, 2044 of 2001 are filed. The same learned Judge passed another similar order dated 10-10-2001 in WP No. 2100 of 2001 against which, WA No. 2026 is filed. Following the said common order dated 8-10-2001 another learned single Judge of this Court passed similar orders dated 21-11-2001, 7-11-2001 and 23-11-2001 separately in three writ petitions, being WP Nos.23966, 22995 and 24115 respectively and against the said orders, WA Nos. 1988, 2021 and 2000 of 2001 are filed.3. All the above writ appeals raised common issues and the relief sought for inthe appeals is also common. Therefore, we dispose of all the appeals by this common judgment.4. For the purpose of ...


Jan 03 2002

Santamma Vs. New India Assurance Co. Ltd.

Court: Andhra Pradesh

Decided on: Jan-03-2002

Reported in: 2003ACJ789; 2002(3)ALT628

G. Yethirjulu, J.1. Insurance company, which is the 2nd respondent in O.P.No.395 of 1988 on the file of the Motor Accident Claims Tribunal (District Judge), Ranga Reddy, is the appellant herein.2. The facts leading to the filing of this appeal are briefly as follows:The deceased by name Narayana, aged about 28 years died in a motor accident. The 1st petitioneris the widow and the petitioners 2 and 3 are the parents of the deceased. The accident occurred on 14-09-1986 with the lorry ATT-2661 of the 1st respondent. The petitioners alleged that the accident occurred due to the rashness and negligence of the driver. At the time of accident the deceased and others were travelling in the lorry and the accident occurred when the lorry over-turned. The petitioners claimed a sum of Rs.1,00,000/- towards compensation under various heads. 3. The 1st respondent remained ex parte.4. The 2nd respondent opposed the application stating that the petitioners may be put to strict proof of averments made ...


Jan 03 2002

M. Kanakaiah, Karimnagar Vs. District and Sessions Judge, Karimnagar

Court: Andhra Pradesh

Decided on: Jan-03-2002

Reported in: 2002(2)ALT347; (2002)IIILLJ188AP

L. Narasimha Reddy, J. 1. In this writ petition the petitioner challenges the order dated 4.10.1996 passed by the District Judge, Karimnagar - 1ST respondent herein, dismissing him from the post of Process Server; as well as the order of the High Court dated 19.8.1998 rejecting the appeal preferred by the petitioner against the order of dismissal.2. The petitioner was appointed as a Process Server in May, 1981 in the District and Sessions Court , Karimnagar. One Mr.Sadavani Balaiah submitted a complaint to the High Court alleging that the petitioner had taken Rs.30,000/- from him promising to get him employed in the Court . He complained that though he was subjected to interview number of times, he was not selected and when he demanded the petitioner to refund the amount, he was dodging the same on one pretext or the other and ultimately prayed as under:'Hence, I earnestly implore your honour to kindly order my complaint and be benevolent on me to realise the said amount from the said ...


Jan 03 2002

Pati Chandraiah Vs. D. Satyanarayana

Court: Andhra Pradesh

Decided on: Jan-03-2002

Reported in: 2002(2)ALD729

ORDERL. Narasimha Reddy, J.1. This revision is filed by the defendant in Small Causes Suit No. 188of 1998 on the file of the Principal Senior Civil Judge, Tirupati, against the order dated 20-11-1999.2. The respondent filed the suit alleging that the petitioner is an agent of Unit Trust of India (UTI) and several other financial institutions and that on 17-4-1997, he paid an amount of Rs. 5,000/- to the petitioner through cheque, for the purpose of purchase of Units in the UTI. According to him, neither any certificates of Units of Fixed Deposit Receipts (FDRs) from any other financial institutions were delivered to him nor the amount was refunded. Therefore, he filed the suit for recovery of the amount of Rs. 5,000/- together with interest at the rate of 24% from 17-4-1997 to 26-8-1998.3. The petitioner resisted the claim stating that on the request of the respondent, he had taken the DD in favour of the CRB Corporation Limited, Hyderabad (for short 'the Corporation') and sent the sam...


Jan 03 2002

Jerrypothu Shamul John Babu Vs. Peddipoga Anandarao and anr.

Court: Andhra Pradesh

Decided on: Jan-03-2002

Reported in: 2002(3)ALT510

ORDERS. Ananda Reddy, J.1. This revision is filed against the order of the III Additional Junior Civil Judge, Gunturin I.A. No. 243 of 2001 in O.S. No. 1095 of 1995, dated 23.2.2001. 2. According to the petitioner/plaintiff, he filed the suit for recovery of certain amount under the promissory note said to have been executed by defendants 1 and 2. During the pendency of the suit, the plaintiff has filed the above IA under Order 18, Rule 17 of the Code of Civil Procedure to recall P.W. 1 for the purpose of marking the deposition of the 2nd defendant, which was recorded in O.S. No. 111 of 1998, which was instituted by the defendants against the present plaintiff. According to the plaintiff, the second defendant was examined as P.W. 1 in that suit where she has admitted the execution of the suit promissory note as well as passing of the consideration under it. In that view of the matter it is necessary to file the said deposition and mark the same as an exhibit in this suit.3. This was op...


Jan 03 2002

Y. Venkata Reddy Vs. Jagadamba Enterprises and anr.

Court: Andhra Pradesh

Decided on: Jan-03-2002

Reported in: 2002(1)ALD(Cri)344; 2003(1)ALD(Cri)148

ORDERT. Ch. Surya Rao, J.1. Since the parties are the same and as common question of law has arisen for consideration in all these Criminal Revision Cases, they can be disposed of together.2. The petitioner is the accused in as many as 14 cases filed against him by the 1st respondent herein under Section 138 of the Negotiable Instruments Act mentioning inter alia that during the course of business transaction between the complainant and the accused took milk products from the complainant on credit basis on different occasions and in discharge of the legally enforceable debt the accused issued different cheques to the complainant on different dates and that when those cheques having been presented for encashment with the banker were dishonoured and that even when the requisite legal notices were issued to the accused within the stipulated time demanding payment, he having been received those notices failed to pay the amounts covered by those cheques and thereby committed theoffences pun...


Jan 03 2002

New India Assurance Co. Ltd. Vs. Shanthamma and ors.

Court: Andhra Pradesh

Decided on: Jan-03-2002

Reported in: III(2002)ACC498

G. Yethirajulu, J.1. The Insurance Company, which is the 2nd respondent in O.P. No. 395 of 1988 on the file of the Motor Accident Claims Tribunal (District Judge), Ranga Reddy, is the appellant herein.2. The facts leading to the filing of this appeal are briefly as follows:The deceased by name Narayana, aged about 28 years died in a motor accident. The 1st petitioner is the widow and the petitioners 2 and 3 are the parents of the deceased. The accident occurred on 14.9,1986 with the lorry ATT 2661 of the 1st respondent. The petitioners alleged that the accident occurred due to the rashness and negligence of the driver. At the time of accident the deceased and others were travelling in the lorry and the accident occurred when the lorry overturned. The petitioners claimed a sum of Rs. 1,00,000/- towards compensation under various heads.3. The 1st respondent remained ex parte.4. The 2nd respondent opposed the application stating that the petitioners may be put to strict proof of averments...


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