Andhra Pradesh Court December 2002 Judgments

Pasham Bala Rajaiah Sons Vs. Ahmed Moinuddin

Court: Andhra Pradesh

Reported in: 2003(2)ALD282

ORDERDubagunta Subrahmanyam, J.1. This revision petition is filed against the order dated 19-6-2001 in IA No. 1743 of 2000 in OS No. 234 of 2000 on the file of XI Junior Civil Judge, City Civil Court at Secunderabad.2. A partnership firm by name M/s. Pasham Balarajaiah sons is the revision petitioner in this CRP. It is filed by one of the partners of the firm by name P. Ramakrishna. The respondent-plaintiff filed a suit in O.S. No. 234 of 2000 seeking eviction of the partnership firm from the suit premises. The partnership firm was sued represented by one of its partners namely P. Ramakrishna. The Trial Court fixed 28-6-2000 as the date for the presence of the defendant before the Court and accordingly issued summons. The Process Server of the Court served the notice on P. Prabhakar on 5-6-2000. The said P. Prabhakar endorsed on the summons that he received summons on behalf of his brother. P. Ramakrishna is the own brother of the said P. Prabhakar. This is not in dispute. On 28-6-2000...

Mrs. Shahanaz Khan Vs. Station House Officer

Court: Andhra Pradesh

Reported in: 2003(1)ALD(Cri)242; 2003(1)ALT(Cri)171

ORDERP.S. Narayana, J.1. The petitioner is the owner of the vehicle Toyota Qualis bearing Registration No. AP 11 J 1023 purchased from the Association Financial Services Private Limited on hypothecated agreement dated 27-4-2001 (Model 2001) on payment of initial amount of Rs.1,35,000/- and also Rs.16,000/- insurance charges - tax payment and also Rs.88,000/-, installments payment of eight installments out of sixty installments, totaling an amount of Rs.2,39,000/-. It is also stated that the respondent/complainant seized the said vehicle in connection with Crime Nos. 475, 485 and 503 of 2002, registered under Sections 409, 420 I.P.C., under Section 5 of A.P. Protection of Depositors of Financial Establishments Act, 1999 and under Section 138 of Negotiable Instruments Act. It is also stated that the petitioner along with the other co-accused have started the banking business in the name and style of Praja Co-operative Urban Bank Limited since 4-8-2001 with permission of Reserve Bank of I...

P. Ramachandraiah Chetty Vs. the Andhra Pradesh State Electricity Boar ...

Court: Andhra Pradesh

Reported in: AIR2003AP338

C.Y. Somayajulu, J.1. Heard the learned counsel for the appellant. No representation on behalf of the respondent.2. The suit was filed on 13-11-1979 for recovery of Rs. 11,802.07 due to the respondent from the appellant. The appellant who proposed to establish a flourmill at Mukkalathur of Chittoor District entered into Ex. A-1 agreement with the respondent-Board for supply of electrical energy to the flourmill to be established by them. Since, Gram Panchayat refused to grant permission to the appellant establishing the flourmill, appellant could not establish and run the flourmill. But as per the terms of Ex. A-1 agreement appellant has to pay U.C.M. charges amounting to Rs. 4635.05 up to the end of May 1971, respondent demanded that amount from the appellant, and appellant paid away that amount on 14-8-1973. Thereafter, on 15-10-1973, respondent gave a notice demanding Rs. 1,334,60 from the appellant as U. C. M. charges for the period subsequent to May 1971, whereupon the appellant r...

Life Insurance Corporation of India Vs. Rayapureddi Satyavathi

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

C.P. Suresh, Member: 1. The unsuccessful opposite parties are the appellants before this Commission. 2. The brief facts are that the husband of the first complainant and father of the complainants 2 to 4, by name, R. Subba Rao, had insured his life with the opposite parties and obtained an insurance policy. The said Subba Rao died on 15.8.1995 due to heart attack and when the complainant put forth his claim for the amount due, the opposite parties without paying it,illegally repudiated the claim. The complainant, thereupon, approached the District Forum. 3. The opposite parties resisted this application contending that the insured died within one year five months from the date of proposal, and that the deceased was on half pay leave from 1.6.1991 to 15.7.1991 on medical grounds, but this fact was not disclosed by him in the proposal form. While taking the policy, he deliberately made a false statement to question No. 11-C in the proposal form, and as the deceased has withheld the corre...

Bajaj Auto Finance Ltd. Vs. Dr. Vijaya Kumar Advant

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

C.P. Suresh, Member: The unsuccessful opposite party No. 2 against whom the complaint was allowed is the appellant before this Commission. 1. The facts in brief are that on 28.8.1992 the complainant purchased a Bajaj Chetak Scooter from the first opposite party, who is a dealer in Bajaj Auto Vehicles, for Rs. 17,895/- under Invoice No. 3851 dated 28.8.1992 (Ex. A-7) under a finance scheme titled as Olympic Scheme offered by the second opposite party. 2. An application of Hire Purchase Finance, Ex. B-1, was submitted by the complainant on 26.8.1992 to the second opposite party for finance of Rs. 19,500/- to purchase the said vehicle. The amount is to be repaid in 36 monthly instalments. The second opposite party agreed to finance the said amount with interest @ 10.75% p.a. for a period of three years, worked out the entire amount payable by the complainant at Rs. 25,812/- which is to be paid in 36 monthly instalments of Rs. 717/- per month. The second opposite party also obtained an agr...

Gudela Ramesh and anr. Vs. the State of A.P.

Court: Andhra Pradesh

Reported in: 2003(1)ALD(Cri)140; 2003(1)ALT(Cri)178

L. Narasimha Reddy, J.1. The petitioners were tried for the offence under Section 411 of IPC by the Court of the V Metropolitan Magistrate, Visakhapatnam, in C.C.No.587 of 1999.2. It was the case of the prosecution hat P.W.1 submitted a complaint on 11-10-1998 that his Hero Honda Motor Cycle, which was parked at Hotel Daspalla, Visakhapatnam, was stolen on 10-10-1998.PW.2, the Sub Inspector of Police, IV Town Police Station, was reported to have conducting night patrolling on the early hours of 21-10-1998 and when he came across the petitioners riding an unnumbered motor cycle, he stopped them. The petitioners are said to have confessed that they have stolen the motorcycle from Daspalla Hotel. Charge sheet was filed against the petitioners in the trial Court. In the trial, the owner of the vehicle and complainant was examined as PW.1, SI of Police, who had alleged to recover the motorcycle from the petitioners, was examined as PW.2 and the Investigating Officer was examined as PW.3.The...

J. Pushpalatha Vs. Election Tribunal and ors.

Court: Andhra Pradesh

Reported in: 2003(1)ALD488; 2004(5)ALT386

ORDERL. Narasimha Reddy, J.1. The office of Sarpanch of Rusthapur Gram Panchayat, Turkapally Mandal, Nalgonda District, was reserved in favour of women. The elections to the Gram Panchayat were held on 20-8-2001. The writ petitioner, the respondent No. 4 and another candidate contested in that election. The petitioner was declared as elected. Challenging the election of the petitioner, the 4th respondent filed OP No. 4 of 2001 before the 1st respondent-Tribunal (for short 'the Tribunal'). The main ground of challenge to the election of the petitioner was that she incurred disqualification under Section 19(3) of the A.P. Panchayat Raj Act, 1994 (for short 'the Act') and that, she has given birth to third child on 19-2-1996. Though there was a general allegation of irregularity and corrupt practice, the same was not pressed during the trial.2. The petitioner resisted the O.P. It was her case that she gave birth to third child on 19-2-1995 and she did not incur any disqualification under ...

Bharat Biotech International Limited and anr. Vs. A.P. Health and Medi ...

Court: Andhra Pradesh

Reported in: 2003(1)ALD463

ORDERJ. Chelameswar, J.1. The present writ petition is filed with the prayer as follows:'.......pleased to pass an order or order or writ more particularly one in the nature of writ of mandamus declaring the action of the respondent in imposing the stipulation of WHO-pre-qualification certificate for participating in the tender process vide short Tender Notice No. 10/HMHIDC/Drugs Wing/ 2002-2003, dated 28-10-2002 as arbitrary, illegal and violative of the rights of the petitioner under Articles 14 and 19(1)(g) of the Constitution of India and consequently direct the respondent to consider the petitioner's tender filed in response to Short Tender Notice No. 10/HMHIDC Drugs Wing/ 2002-2003 dated 28-10-2002 without regard to WHO-pre-qualification Certificate and pass such other order or orders as this Honourable Court deems fit and proper in the interest of justice.'2. The first petitioner is a Company and the second petitioner is the shareholder of the first petitioner-Company. The first...

District Manager, Food Corporation of India Vs. Gottavilli Venkata Rat ...

Court: Andhra Pradesh

Reported in: III(2003)ACC133; 2003(2)ALD146; [2003(97)FLR206]

G. Yethirajulu, J.1. The District Manager Food Corporation of India, Kancharapalem of Visakhapatnam preferred this appeal challenging the order of the Commissioner, Workmen's Compensation in W.C.No. 11 of 1996 dated 5-2-1997.2. The brief averments of the claim petition are as follows:The petitioner is the wife of the deceased by name G. Rama Rao. The deceased was employed by the Food Corporation of India ('the Corporation' for brevity) as an electrician and was undertaking the job of electrical work in FCI Godowns, Kancharapalem. The deceased worked as an electrician under the respondent since 1986 and was paid wages at Rs. 50/- per day. On 15-7-1994 at about 10-30 a.m., while the deceased was working on the electric poles of the Corporation Godown, he was electrocuted and due to that he fell down from the pole, received injuries and died while undergoing treatment in the hospital. He was aged about 31 years by the date of accident and was expecting regularisation of his service with t...

Suryadevara Satyanarayana (Died) by L.Rs Vs. Hirachand

Court: Andhra Pradesh

Reported in: 2003(1)ALD849

P.S. Narayana, J. 1. The unsuccessful defendants 1 and 2 in the suit O.S. No. 53 of 1983 on the file of the Principal Subordinate Judge, Guntur are the appellants herein who have filed the present appeal aggrieved by the judgment and decree passed in the said suit on 18-8-1989.2. The first appellant-first defendant died pending the appeal and hence his legal representatives were brought on record as appellants 3 and 4.3. The respondent-plaintiff instituted the suit O.S. No. 53 of 1983 on the file of the Subordinate Judge, Guntur for the relief of specific performance of contract of sale dated 7-1-1976 executed by the defendants in favour of the plaintiff in respect of the schedule property and for possession of the same and in default the Court to execute the same in favour of the plaintiff and put him in possession of the same or in the alternative for damages for a sum of Rs. 99,491/- for breach of contract of sale dated 7-1-1976 and for other reliefs.4. For the purpose of convenienc...