Andhra Pradesh Court October 2002 Judgments
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Ch. Rama Chander Rao Vs. P. Mallesham (Chinna)
Court: Andhra Pradesh
Decided on: Oct-11-2002
Reported in: 2002(6)ALD527; 2003(1)ALT26
ORDERG. Rohini, J.1. This Civil Revision Petition arises out of execution proceedings in pursuance of a money decree passed in O.S. No. 2188/1991 on the file of the Court of the VIII Junior Civil Judge, City Civil Court, Hyderabad. 2. The revision petitioner, who is the judgment-debtor, is assailing the order, dated 19.12.2000, in E.A. No. 428/1999 in E.P. No. 275/1998 under which the Court below rejected the objections raised by him and ordered execution of the decree in O.S. No. 2188/1991. The respondent herein is the plaintiff/decree holder. For the sake of convenience the parties shall be hereinafter referred to as the judgment debtor and decree holder. 3. The brief facts, which are not in dispute and which are relevant for thedetermination of the issue in question, are as follows. The decree holder/plaintiff filed O.S. No. 2188 of 1991 seeking a decree for recovery of Rs. 10,000/- alleged to be due from the Judgment debtor. The said suit was decreed ex parte on 18.8.1992. Though t...
Kilaparthy Varalakshmi @ Lakshmi Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Oct-11-2002
Reported in: 2002(6)ALD794; 2003(1)ALT504
ORDERT. Meena Kumari, J.1. This writ petition has been filed seeking a direction to the respondents to pay a sum of Rs. 5,00,000/- towards compensation for the death of the husband of the petitioner on 25.8.1993 caused by the second respondent in the lockup.2. The case of the petitioner is that the deceased Kilaparthy Ramakrishna is her husband. It is stated in the affidavit filed in support of the writ petition that the second respondent has picked up her husband many days prior to 25.8.1993 on a suspicious involvement in a crime and he was tortured to confess the crime which was not committed by him. It is stated that her husband died on 25.8.1993 at 5.00 a.m. unable to bear the torture. Immediately, the second respondent registered a case in Crime No. 17 of 1993 under Section 174 of Cr.PC and an inquest was conducted by the Mandal Revenue Officer and Mandal Executive Magistrate, K.Kotapadu in between 4.00 p.m. and 7.00 p.m. in the presence of the Panchayatdars. The Panchayatdars opi...
Divisional Manager, New India Assurance Company Limited Vs. Velugoti M ...
Court: Andhra Pradesh
Decided on: Oct-11-2002
Reported in: 2003(1)ALD724; 2003(2)ALT160
V.V.S. Rao, J.1. These five C.M.As arise out of the common order dated 27.6.2001 passed by the Motor Vehicle Accidents Claims Tribunal-cum-the Court of District Judge, Ongole, in O.P. No. 722 of 2000 and batch. As these C.M.As arise out of one accident, they are being disposed of by this common judgment.2. About forty passengers boarded the lorry bearing No. AP 7T 6549 on 25.5.2000. At about 2.00 a.m., when the lorry reached near Railway gate at Rajupalem due to rash and negligent driving of the driver, it turned turtle resulting in death of some persons and injuries to some others. The claimants of the deceased in these cases filed different OPs before the Tribunal claiming compensation. The OPs were opposed by the New India Assurance Company Limited, appellant herein, inter alia on the ground that the deceased in these cases were unauthorised passengers in the goods vehicle and therefore, the insurance policy does not cover the risk. The Tribunal rejected the contention of the Insura...
Diyyala Gopala Krishna Murty Vs. Pullagura Dhanalakshmamma and ors.
Court: Andhra Pradesh
Decided on: Oct-11-2002
Reported in: 2003(1)ALD279; 2003(1)ALT9
G. Yethirajulu, J. 1. This is an appeal preferred by the adopted son of the plaintiff in O.S. No.624 of 1979 on the file of the I Additional District Munsif, Madanapalli, being aggrieved by the judgment of the Additional District Judge, Madanapalle allowing the appeal preferred by the defendant and setting aside the judgment and decree of the trial Court granted in favour of the plaintiff.2. The appellant is the 5th respondent in AS.No.57 of 1990 and the respondents herein are the appellant and respondents 1 to 4 in the said appeal.3. The plaintiff by name Diyyala Savitramma filed the suit for a declaration that she is the hereditary trustee of the deity Sri Kanyaka Parameswari situated in the suit property and to direct the defendant Pullagura Dhanalakshmamma to deliver possession of the plaint schedule property.4. According to the plaintiff the deity Sri Kanyaka Parameswari is the family deity of one Gandikota Raghavaiah. He died in the year 1940. He had two wives viz., Savitramma an...
A. Sagar Vs. State Level Police Recruitment Board and ors.
Court: Andhra Pradesh
Decided on: Oct-11-2002
Reported in: 2003(1)ALD380; 2002(6)ALT468
B. Sudershan Reddy, J.1. Heard the learned Counsel for the petitioner and the learned Government Pleader for Services-I and at their request, the matter is taken up for final disposal at the stage of admission.2. Rule Nisi. 3. The petitioner herein invokes the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India challenging the legality of the order dated 2.8.2002 made in O.A. No. 3320 of 2002 by the Andhra Pradesh Administrative Tribunal whereunder the Tribunal refused to grant any relief whatsoever to the petitioner herein. The said Original Application is filed by the petitioner herein challenging the action of the third respondent herein in not permitting him to attend basic training of Police Constable as arbitrary and illegal.4. Before adverting to the question as to whether the petitioner is entitled for any relief in this Writ Petition, it may be necessary to briefly notice the relevant facts leading to filing of this writ petition.5. The firs...
K.P. HussaIn Reddy and ors. Vs. Executive Engineer, M.i. Division and ...
Court: Andhra Pradesh
Decided on: Oct-11-2002
Reported in: 2003(1)ALD43; 2003(3)ALT143
V.V.S. Rao, J.1. In 1993 there was a breach of tank bund of Bhupanapadu Minor Irrigation Tank, in Panyam Mandal of Kurnool District of Andhra Pradesh. As there was an emergency to fill up the breach to prevent further damage, the petitioners' land ad measuring Acs.8.68 in S. Nos. 423, 426, 432, 433, 434 and 435 of Neravada Village was utilised and the breach was repaired. The petitioners, who claim to be small and marginal farmers are before this Court alleging that though the respondents took possession of the land on 11.10.1994, no compensation has so far been paid. They placed reliance on a communication dated 9.7.2000 sent by the Revenue Divisional Officer, Nandyal to the Executive Engineer, Minor Irrigation Works, requesting the latter to provide an amount of Rs. 4,67,622/- to meet the land acquisition charges. As the respondents failed to complete the necessary formalities under the Land Acquisition Act, 1894 (for short, the Act), the petitioners are before this Court praying for...
Kurale Pullaiah Alias Pulla Rao Vs. State
Court: Andhra Pradesh
Decided on: Oct-11-2002
Reported in: 2002(2)ALD(Cri)659; 2003(1)ALT(Cri)58; 2003CriLJ1060
G. Yethirajulu, J.1. The VI Additional Sessions Judge, Krishna District at Machilipatnam referred this matter under Section 366 of the Code of Criminal Procedure, 1973 for confirmation of death sentence imposed by him on the accused by name Kuralla Pullaiah alias Pulla Rao convicted for the offence under Section 302, IPC. Simultaneously the accused preferred Criminal Appeal No. 1056 of 2002 questioning the legality and validity of the conviction, sentence of death and fine imposed by the learned Sessions Judge through his judgment dated 23-8-2002.2. The gravamen of the charge against the accused is as follows :The accused and deceased were doing business in pulses and paddy on commission basis. The accused sustained loss in the business and resorted to commit thefts. He used to visit the house of the deceased now and then in connection with the paddy business. On 30-5-2001 at about 3.00 p.m. the accused came to the house of the deceased with a view to kill him by pouring acid and to ro...
R. Kamala Vs. Shaik Mohd. Ghouse and anr.
Court: Andhra Pradesh
Decided on: Oct-11-2002
Reported in: 2004ACJ2112; 2004(2)ALT8
D.S.R. Varma, J.1. The question that consideration in this appeal is whether the appeal filed by the claimants seeking enhancement of the compensation awarded by the Tribunal, is vitiated for not bringing the legal representatives of the deceased owner-insured, during the pendency of the appeal. falls for2. The brief facts of the case are that the claimant met with an accident due to rash and negligent driving of the driver of the lorry bearing No. 9720, which resulted in multiple injuries to the claimant. Hence claimant filed the claim petition claiming an amount of Rs. 1,00,000 on all counts. The Claims Tribunal allowed the claim to the extent of Rs. 53,000 with interest at the rate of 9 per cent per annum. The Tribunal while granting the above amount, made both the owner-insured as well as insurance company jointly and severally liable and awarded proportionate costs.3. Not being satisfied with the awarded amount, the claimant preferred an appeal before this court in C.M.A. No. 143 ...
P. Aruna Devi Vs. Election Authority-cum-commissioner, Adoni Municipal ...
Court: Andhra Pradesh
Decided on: Oct-09-2002
Reported in: 2002(6)ALD277; 2003(1)ALT583
ORDERL. Narasimha Reddy, J.1. The 1st respondent in Election OP No. 15 of 2000 on the file of the Election Tribunal (Senior Civil Judge), Adoni (for short 'the Tribunal'), has filed this writ petition against the order of the Tribunal dated 13-8-2002, setting aside her election.2. The writ petition came up for admission on 20-8-2002. The learned Counsel for the writ petitioner as well as the contesting respondents expressed their willingness to address the arguments on final hearing itself. Accordingly the matter was extensively heard on several dates and is accordingly disposed of finally.3. Briefly stated, the relevant facts are as under:-4. The elections to the Adoni Municipal Council were held in March 2000. The office of the Chairman for Adoni Municipal Council was reserved in favour of Scheduled Castes (Women). The petitioner, 3rd respondent and three other candidates contested in that election. The petitioner secured 26,074 votes, the 3rd respondent secured 25,110 votes and the ...
M. Narasimha Reddy and ors. Vs. Begari Samuel
Court: Andhra Pradesh
Decided on: Oct-09-2002
Reported in: 2002(6)ALD473; 2002(5)ALT766
ORDERD.S.R. Varma, J.1. This revision is filed challenging the order and decree dated 8-11-2001 passed by the Court of Principal Junior Civil Judge, Hyderabad West and South, Rangareddy District in IA No. 2087/ 2000 in OS No. 491/1999. By the impugned order, the Court below allowed the application filed by defendant under Section 5 of the Indian Limitation Act and condoned the delay of 260 days in presenting the petition under Order 9, Rule 13 CPC to setaside the ex parte decree dated 23-12-1999 passed in OS No. 491/1999. Aggrieved by the same, the plaintiffs in the suit filed this revision petition.2. For the sake of convenience, the parties shall be referred to as plaintiffs and defendant.3. The brief facts are that the plaintiff filed the suit and obtained ex parte decree. Subsequently by order dated 25-2-2000 the Court below also gave police protection on an application made by the plaintiffs. Coming to know about the institution of the suit and also the police protection given to ...
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