Andhra Pradesh Court January 2002 Judgments
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Oriental Insurance Company Ltd., Karimnagar Vs. Yedla Susheela and ors ...
Court: Andhra Pradesh
Decided on: Jan-04-2002
Reported in: 2002(2)ALD604
G. Yethirajulu, J.1. The 3rd respondent-insurance company in OP No. 187 of 1993 is the appellant in CMA No. 1014 of 1995. The appellant in CMA No. 500 of 1996 is the claimant in OP No. 187 of 1993. Both the appeals arise out of the order of the Motor Accident Claims Tribunal, Karimnagar dated 23-3-1995 in OP No. 187 of 1993. Since the issues involved in both the appeals are inter-related, these appeals are disposed of by a common judgment.2. CMA No. 500 of 1996 was filed by the claimant questioning the order on the ground that the quantum of compensation awarded by the Tribunal is low and for not making the insurance company liable to indemnify the owner against third party risk.3. The insurance company, being aggrieved by the order of the Tribunal, preferred CMA No. 1014 of 1995 contending that the Tribunal, while holding that the insurance company is not liable to indemnify the insurer for the claim under Section 166-C of the Motor Vehicles Act ('the Act' for brevity), ought not to h...
Shaik HussaIn Saheb Vs. Koganti Sambrajyam and anr.
Court: Andhra Pradesh
Decided on: Jan-04-2002
Reported in: 2002(4)ALD265
G. Yethirjulu, J.1. This is an appeal preferred against the order dated 13-2-1990 of the Motor Accident Claims Tribunal (District Judge), Guntur in C.F.R. No.2 of 1990 in an un-numbered M.V.O.P. of 1990 filed by the appellant under Section 140 of the Motor Vehicles Act, 1988 ('the Act' for brevity) rejecting the same as barred by limitation.2. The petitioner-appellant met with a motor accident on02-09-1985 at 12 noon andreceived injuries. He filed a petition under Section 140 of the Act on 02-01-1990 claiming a sum of Rs.12,000/- towards compensation under 'no fault liability' with interest and costs. The petitioner filed the said petition four years four months after the date of accident.The Tribunal, on the basis of the averments made in the petition, considered the question as to whether the un-registered petition covered by SR.No.2 of 1990 is maintainable without a separate petition for condonation of delay in preferring the claim for compensation. The petitioner contended that reg...
B. Gowra Reddy Vs. Government of Andhra Pradesh Rep. by Its Secretary, ...
Court: Andhra Pradesh
Decided on: Jan-04-2002
Reported in: AIR2002AP313; 2002(3)ALT439
ORDERG. Bikshapathy, J.1. All the learned counsel agreed that these three Writ Petitions can be disposed of together; therefore, they are being disposed of by this common order. 2. Writ Petition Nos.12275 of 1993 and 681 of 1997 are filed by the individual-purchasers, while Writ Petition No.25392 of 1996 is filed by Sri Lakshmi Narasimha Swamy Colony Residents Association, the members of which are also the purchasers. The challenge is made to the notification issued by the Wakf Board, which was gazetted on 9-2-1989 insofar as it relates to the properties at serial No.2900 at page 225. 3. It is the case of the petitioners that one Mr.Abbas Ali Khan was the inamdar and Mr Rangiah was the cultivating tenant in respect of lands in S.Nos.141, 143, 144 and 145 situate at Meerpet village.After the Andhra Pradesh (Telangana Area) Inams Abolition Act,1955 came into force, the cultivating tenants acquired occupancy rights.The petitioners in Writ Petition Nos.12275 of 1993 and 681 of 1997 had pur...
G. Rama Sharma Vs. Government of Andhra Pradesh Represented by Its Sec ...
Court: Andhra Pradesh
Decided on: Jan-04-2002
Reported in: 2002(2)ALT593
ORDERS.R. Nayak, J. 1. This writ petition is filed by a dismissed judicial officer for a writ in the nature of writ of mandamus declaring the notification issued in G.O. Ms. No. 55 Law (LA & J, Cts. CI) Department dated 7.4.1999 issued by the Government of Andhra Pradesh, the 1st respondent herein, dismissing the petitioner from judicial service as illegal, arbitrary and violative of Articles 14, 16 and 311 of the Constitution of India and for a consequential direction to the State Government and the High Court of Andhra Pradesh, the 2nd respondent herein, to accept the resignation submitted by the petitioner on 26.10.1996 and pass such other order or orders as this Hon'ble Court deems fit and proper in the facts and circumstances of the case.2.The petitioner while serving as Subordinate Judge (now redesignated as Senior Civil Judge), Narasaraopet, was served with a charge memo dated 10.9.1997 by the V Additional Metropolitan Sessions Judge, Hyderabad, who was appointed as the Enquiry ...
M. Biskshapathi and ors. Vs. Commissioner of Fisheries, Hyderabad and ...
Court: Andhra Pradesh
Decided on: Jan-04-2002
Reported in: AIR2002AP179
A. Gopal Reddy, J.1. The petitioners who are all members of the Fishermen Co-operative Society, Sanga Reddy filed this writ petition questioning the orders dt. 16-4-2001 passed by the Assistant Director of Fisheries. Medak District in expelling them from their membership of Primary Fishermen Co-operative Society Limited, Sanga Reddy as confirmed by the Commissioner of Fisheries, Hyderabad in his proceedings No. 13229/ 121/2001, dt. 29-9-2001.2. The facts which are not in dispute are as under : The petitioners are all fishermen by profession and caste the members of fishermen Co-operative Society-fourth respondent. The petitioners and others formed as Fisherman Co-operative Society in the year 1959 which was registered under the A.P. Co-operative Societies Act, 1964 (for short 'the Act'). 49 members of the fourth respondent-society made a representation to the third respondent for deletion of certain members from the rolls of the society stating that some of the members of the society a...
Vadrevu Lakshmana Rao Vs. Vadrevu Venkata Ramana Rao and ors.
Court: Andhra Pradesh
Decided on: Jan-04-2002
Reported in: 2002(3)ALD626; 2002(3)ALT462a
G. Bikshapathy, J.1. The appeal is directed against the judgment and decree of the learned Subordinate Judge, Rajahmundry in OS No.76 of 198i dated: 1-8-1986.2. Appellant is the plaintiff. He filed a suit for preliminary decree for partition of the plaint schedule property into four equal shares and for allotment of one such share to the plaintiff. Relief was also claimed for rendition of accounts by the 1st defendant for realisation of the plaint schedule property from 27-3-1990 i.e., from the date of death of late Chellayyamma till the delivery of the property allotted to him together with payment due.3. As per the plaint averment, plaintiff, Defendant Nos.1 and 2 and one Mr. Sriramamurty are the brothers, they are sons of the late Vedrevu Venkata Narasimharao. The said Narasimha Rao died on 25-11-1949 leaving behind plaintiff, Defendant Nos.1 and 2 and late Sriramamurty and also the 4th wife of Defendant Chellayyamma and her daughters. He executed a Will during his life time bequeat...
Devi Constructions Vs. the Superintending Engineer and anr.
Court: Andhra Pradesh
Decided on: Jan-04-2002
Reported in: AIR2002AP200
ORDERP.S. Narayana, J. 1. Heard Sri P.R. Prasad, learned counsel for the writ petitioner and the learned Assistant Government Pleader for Irrigation.2. The petitioner filed the present writ petition for a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in trying to recover the amounts alleged to be the value of the work incompleted in respect of work allotted by proceedings No. DB/D8/798 M dated 17-5-1999 out of the bills payable from the other contracts as totally arbitrary, illegal and without jurisdiction and violation of principles of natural justice and consequently declare the determination of the contract without providing suitable conditions to perform the work as illegal and without jurisdiction and for other appropriate reliefs.3. The facts in brief are as follows :It is submitted that the 1st respondent had called for tenders vide notification No. 10-99/2000 dated 15-4-1999 for restoration of DM Left Fl...
T. Jagadeeswar and anr. Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Jan-04-2002
Reported in: 2002(2)ALD(Cri)20; 2002(2)ALT(Cri)297; 2003CriLJ701; I(2003)DMC195
ORDERT. Ch. Surya Rao, J.1. The petitioners who are A1 and A2 in the crime seek bail in connection with the case registered against them for the offences punishable under Sections 498A and 306 of the Indian Penal Code. The request of the petitioners for bail was considered by this Court earlier in Criminal Petition No. 5412 of 2001, dated 10.12.2001 while granting bail to the other two accused in the crime. However, this Court observed that the petitioners could renew their request at an appropriate stage. The petitioners, therefore, renew their request in this application.2. A perusal of the record shows that it was a case where a foul play was suspected by the de facto complainant who lodged the report. However, the crime was registered surprisingly under Sections 498A and 306 of the Indian Penal Code, the basis of which is not known. The cause of death is not known still since the post-mortem certificate has not yet been received. Investigation is, therefore, pending.3. At this stag...
Pullareddigari Venkataramana Reddy Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Jan-04-2002
Reported in: 2002(1)ALD(Cri)491; 2002CriLJ1943
B. Sudershan Reddy, J.1. Both these criminal appeals may be disposed of by this common Judgment as they are filed against the same Judgment in S.C. No. 17 of 1996 on the file of the learned II Additional Sessions Judge, Chittoor at Madanapalle. By the said Judgment the learned Sessions Judge convicted A.1 under Section 302 read with Section 34 IPC and A2 under Section 302, IPC and sentenced both of them to undergo imprisonment for life and to pay a fine of Rs. 5,000/- in default to undergo rigorous imprisonment for one year.2. A. 1 is the appellant in Crl. A. No. 738 of 2000 and A.2 is the appellant in Crl. A. No. 739 of 2000. Both of them are aggrieved by the Judgment of the learned Sessions Judge dated 14-6-2000 made in S.C. No. 17 of 1996.3. Before adverting to the question as to whether the Judgment of the learned Sessions Judge suffers from any infirmity requiring any correction as such by this Court, it may be necessary to briefly notice the prosecution case.4. The case of prosec...
Chanda Papa Rao and ors. Vs. State and anr.
Court: Andhra Pradesh
Decided on: Jan-04-2002
Reported in: 2002(1)ALD(Cri)519; 2002(1)ALT(Cri)300; II(2003)DMC239
ORDER1. In these petitions, the petitioners seek quashing of the proceedings in C.C. No. 818 of 1996 on the file of the Additional Judicial First Class Magistrate, Hyderabad West and South, Ranga Reddy District in which they have been prosecuted for an offence Under Section 498-A, I.P.C.2. Criminal Petition No. 4705 of 1997 has been filed by the husband of the de facto complainant who is facing charge Under Section 498-A, I.P.C. in Crime No. 57 of 1996, which was registered at Kukatpally Police Station on the complaint given by the de facto complainant. The proceedings are sought to be quashed on the ground that at the relevant time, the petitioner had already divorced his wife, i.e., the de facto complainant, in the Superior Court, State of Connecticut, U.S.A., under judgment of that Court dated 22.11.1996, which has become final. It is averred that to take revenge against the petitioner, the de facto complainant lodged a false report before Kukatpally Police Station alleging that she...
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