Andhra Pradesh Court October 2002 Judgments
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Ranga Reddy Vs. Sadhu Padamma and ors.
Court: Andhra Pradesh
Decided on: Oct-24-2002
Reported in: 2002(6)ALD752; 2003(1)ALT228
ORDERV.V.S. Rao, J.1. The 2nd defendant in OS No. 164 of 1993 on the file of the senior Civil Judge, Mahabubnagar is the revision petitioner. He impugnes the incidental order passed by the said Court in O.S. No. 164 of 1993 dated 4-4-2002. Be it noted that while passing the said order, the learned trial Judge held that the unregistered gift deed dated 17-5-1988 produced by the petitioner during trial is not admissible in evidence.2. The 1st respondent herein filed a suit for partition and separate possession of the suit schedule properties. The petitioner herein who is defendant No. 2 filed a written statement alleging that the land admeasuring an extent of Ac.6.00 comprised in Survey Nos. 164 and 167 was gifted to him by the plaintiff and that he has been in possession of the said land since then. The matter went for trial. At that time, the petitioner on his own volition submitted the document before the Revenue Divisional Officer (Registrar) and the same was impounded for not paying...
Bank of Baroda Vs. G. Sriram and anr.
Court: Andhra Pradesh
Decided on: Oct-24-2002
Reported in: 2002(6)ALD671; [2003(96)FLR549]; (2003)ILLJ905AP
S.R. Nayak, J.1. This writ appeal appeared on board for hearing on 18.9.2002 when neither the first respondent nor his Counsel was present. Having heard the learned Counsel for the appellant, the case was adjourned as part-heard in order to give an opportunity to the first respondent's Counsel to make his submissions. Thereafter, the writ appeal was posted as part-heard on 19.9.2002 and at the request of the learned Counsel for the first respondent, the case was adjourned by a week. Accordingly, the case is listed in today's list as part-heard. Even today, at the time of hearing, none appeared nor any representation was made on behalf of the first respondent Having heard the learned Counsel for the appellant, we do not find any justification to suo motu adjourn the case. In the circumstances, we proceed to dispose of the appeal on merits.2. This writ appeal is by the Management of Bank of Baroda and is directed against the order of the learned single Judge dated 25.9.1998 in WP No. 265...
New India Assurance Company Limited Vs. Andhra Fishermen Central Co-op ...
Court: Andhra Pradesh
Decided on: Oct-24-2002
Reported in: I(2003)ACC303; AIR2003AP231; 2003(1)ALD299
P.S. Narayana, J. 1. Heard Sri S.Ravi, learned Counsel representing the appellant/ defendant and Sri S.Narasimha Rao, the learned Counsel representing the respondent/ plaintiff.2. The appeal is preferred by the unsuccessful defendant in O.S. No.441 of 1983 on the file of the Principal Subordinate Judge, Kakinada. The respondent/plaintiff filed a suit for recovery of Rs. 1,79,687-50 ps towards the compensation amount payable under Marine Hull Policy. The respondent as plaintiff had pleaded in the plaint as follows:'The plaintiff is a Co-operative Society registered under A.P. Co-operative Societies Act. The defendant is an Insurance Company. The plaintiff is the owner of a mechanised fishing Sarkar Boat No. 9 K.D.-573. It was insured with the defendant under the Marine Hull Policy 82741242/97 82741242/97 , dated 21.12.1978. The said Insurance Policy covers amongst other things of total loss, constructive total loss, partial loss, etc., to the said boat. As per the terms of the Policy, t...
Government of Andhra Pradesh and ors. Vs. Katasani Chandra Sekhar Redd ...
Court: Andhra Pradesh
Decided on: Oct-23-2002
Reported in: 2002(6)ALD583
S.R. Nayak, J.1. The Government of Andhra Pradesh, the A.P. State Level Negotiations Committee, the District Negotiations Committee, Kurnool, the Land Acquisition Officer and the Deputy Collector, Srisailam Right Branch Canal and the Convenor and Special Deputy Collector. Land Acquisition, Srisailam Right Branch Canal, the appellants 1 to 5 have preferred this appeal being aggrieved by the order of the learned single Judge dated 17.7.2001 made in W.P.No. 3521 of 2001.2. The respondents herein are the writ petitioners. They filed the above writ petition questioning the validity of Memo No. 6916/ ALM-3/2000-1, dated 6.1.2000 issued by the Government of Andhra Pradesh declining to negotiate the claim of the petitioners for compensation under the provisions of the Andhra Pradesh Land Acquisition (State Level Negotiations Committee) Rules, 1998 (for short 'the Rules') and directing the Special Deputy Collector, Land Acquisition, Srisailam Right Branch Canal who is the Land Acquisition Offic...
Gangalla Venkataiah Vs. Gangalla Yakaiah and ors.
Court: Andhra Pradesh
Decided on: Oct-23-2002
Reported in: 2002(6)ALD653
ORDERC.Y. Somayajulu, J.1. 1st respondent filed IA No.521 of 2001 on the file of the Court of Senior Civil Judge, Mahaboobabad in OS No. 100 of 1988 on the file of the Court of Principal Subordinate Judge, Warangal, for the following reliefs:'(a) To appoint a Commissioner to deliver possession of the petition schedule property as per the compromise decree dated 31.8.1995 passed in AS No. 1721 of 1989 on the file of the Honourable High Court of A.P. in OS No.100 of 1988 on the file of the Principal' Subordinate Court, Warangal. (b) Pass a final decree as per the report of the Commissioner and in terms of compromise decree dated 31.8.1995 passed by the Honourable High Court of A.P. in AS No.1721 of 1989 in OS No.100 of 1988 of Principal Subordinate Court, Warangal as per the directions given by the Honourable High Court of A.P. in CRP No.4912 of 1998...' By his order dated 1-8-2002 the learned Senior Civil Judge holding that a final decree in terms of compromise decree dated 31-8-1995 ca...
K. Nirmala Devi Vs. V. Vijaya Lakshmi and ors.
Court: Andhra Pradesh
Decided on: Oct-23-2002
Reported in: 2002(6)ALD539
S.R. Nayak, J.1. The question that arises for our consideration and decision inthese writ appeals is whether the appointment of Smt. K. Nirmala Devi, appellant in W.A. No. 411 of 2002 to the post of Headmistress in English Medium High School managed by the D.N.R. College Association, Bhimavaram, West Godavari District is in accordance with law or is liable to be set aside. The above question arises in the following factual background:2. Smt. K. Nirmala Devi was appointed as B.Ed., Assistant in the 2nd respondent-school on 10-6-1988 and while working as such, she passed Accounts Test Parts I and II in the years 1990 and 1991 respectively. The 1st respondent herein, viz., Smt. Vijaya Lakshmi was initially appointed as Second Grade Assistant with effect from 15-6-1981 and subsequently she was promoted as B.Ed., Assistant on regular basis in primary section of the school with effect from 23-6-1987. Subsequently, she was transferred to the English Medium High School as B.Ed., Assistant. The...
Shaik Lal Mohammed and anr. Vs. Correspondent, Asafia High School and ...
Court: Andhra Pradesh
Decided on: Oct-23-2002
Reported in: 2003(1)ALD732
ORDERGhulam Mohammed, J.1. Heard learned Counsel for both sides.2. It is averred that the 1st petitioner has been working as a Sweeper in 1st respondent-Asafia High School, Malakpet, Hyderabad from 9-6-1980 without any break in service. Likewise, the 2nd petitioner hasbeen continuously working as Gardener-cum-Watchman with effect from 16-3-1981. Their posts were admitted to grant-in-aid and salaries are being paid to them from the matching grant received by the 1st respondent-management from the Government.3. It is averred that the petitioners originally belonged to full-time contingent staff of the High School. The State Government issued G.O. Ms. No. 9, Finance and Planning (F.W. PRC-IV), Department, dated 8.1.1981 stating that all full-time contingent posts which have been created under the orders of a competent authority and which have been in existence for a period of 5 years or more as on 1st April, 1981 and which are required to be continued on a permanent basis be converted int...
Mummidipalli Syamaladevi Vs. Regional Director, Esi Corporation and or ...
Court: Andhra Pradesh
Decided on: Oct-23-2002
Reported in: 2003(2)ALD436; [2003(97)FLR372]; (2003)IILLJ345AP
Ghulam Mohammed, J.1. This Civil Miscellaneous Appeal is directed against an order dated 16-2-1996 passed in EIC No,4/1995 on the file of the Court of the Employees Insurance Court and Chairman, Industrial Tribunal-I, Hyderabad.2. The mother of the deceased-M Durga Prasad moved the Employees Insurance Court under Section 75(c) and (g) of the Employees State Insurance Act, 1948. (for short 'ESI Act'), inter alia, stating that her son M. Durga Prasad was working as Machine Operator in the factory of the 3rd respondent since-August, 1989, he was residing in the quarter provided by the 3rd respondent in the factory premises, and died due to electric shock in the early hours of 22-4-1991. Since the accident occurred in the premises of the 3rd respondent- employer i.e., within the factory premises, this accident is deemed to have been arising out of and during the course of the employment. Though the petitioner was paid ex gratia of Rs. 30,000/- by the 3rd respondent-company, but no compensa...
G. Sreenivasa Reddy Vs. Zonal Manager Lic of India and ors.
Court: Andhra Pradesh
Decided on: Oct-22-2002
Reported in: AIR2003AP126; 2002(6)ALD458; 2002(6)ALT748
ORDERL. Narasimha Reddy, J.1. The petitioner was appointed as an Agent of the Life Insurance Corporation of India (LIC) at its Sethupally branch, in Khammam district, in the year 1990. He claims to have undertaken the agency by giving up his other business activities. He states that he reached number one position in the division. The petitioner states that having regard the business undertaken by him in the LIC, he was given the Zonal Managers Club Membership. He states that at the time when he was about to get the membership of Chairman's Club, the 3rd respondent i.e., the Branch Manager, developed grudge and has invented causes to harm him.2. It is stated that the petitioner was invited to attend the Warangal Division Round Table for Agents (for short 'WDRT') on 21-7-2000. According to the norms of the LIC, the petitioner was entitled to travel in II Class A/c. by train and for reimbursement of the same. It is his case that when he wanted to purchase a ticket of II class A/c., from K...
Municipal Rate Payers Association Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Oct-22-2002
Reported in: 2003(1)ALD1; 2003(1)ALT282
Motilal B. Naik, J 1. In allthese writ petitions the controversy involvedis about the assessment of property tax of the buildings located in the limits of different municipalities in the State of Andhra Pradesh. 2. Few petitioners have sought a mandamus declaring the rules framed under G.O. Ms. No. 438, dated 29-10-1990 and the notification dated 8-2-2002 and the final Notification No. 30/02 dated 1-3-2002 as illegal, arbitrary and ultra vires the provisions of the A.P. Municipalities Act and violate of the rights of the citizens guaranteed under Articles 14 and 300A of the Constitution of India. 3. Few of the petitioners have sought a direction by calling for the records relating to and in connection with G.O. Ms. No. 167, MA., dated 18-4-2002 issued by the Government of Andhra Pradesh and also sought to set aside the same as being violative of Part IX-A of the Constitution of India and Articles 14, 19, 300A of the Constitution of India and Chapter I of Part IV of the A.P. Municipalit...
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