Andhra Pradesh Court March 2002 Judgments
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Life Insurance Corporation of India Vs. Vankadaru Koteswaramma
Court: Andhra Pradesh
Decided on: Mar-16-2002
Reported in: 2003ACJ234; AIR2003AP153; 2002(3)ALT284
1. In this appeal, the defendant in 0,S. No, 16 of 1986 on the file of learned Senior Civil Judge, Nuzivid, challenges the Judgment and decree dated 25-9-1989 passed therein.2. The respondent-plaintiff filed the suit claiming that her husband by name Venkadaru Panduranga Rao, Insured his life with the appellant-defendant herein by taking a policy for a sum of Rs. 25,000.00through an authorised agent. The said Panduranga Rao nominated the plaintiff as nominee and died on 2-4-1982. When she demanded the payment of the amount from the appellant, they informed her that they repudiated the claim on the allegation that late Panduranga Rao during his lifetime, did not disclose the fact that he was suffering from Diabetes, while submitting the proposals for the policy. The respondent-plaintiff claimed that the plea taken by the appellant was not sustainable and that they were under obligation to pay the amount covered by the policy.3. The appellant filed the written statement disputing the ent...
S. Narayanamma and ors. Vs. Secretary to Government of India, Ministry ...
Court: Andhra Pradesh
Decided on: Mar-16-2002
Reported in: 2002ACJ2042
N.V. Ramana, J.1. This appeal arises out of the order and decree in O.P. No. 628 of 1994 on the file of Motor Accidents Claims Tribunal, Hyderabad.2. On 13.7.1994 at about 7.30 p.m. one S. Mallikharjun, who was working as a Junior Assistant in the Office of SETWIN, Puranahaveli, Hyderabad, was proceeding on his Luna bearing No. AP 12-2376 towards Mushirabad (Secunderabad) side from R.T.C. Cross side. When he reached near the Subash Talkies at Mushirabad, an Allwyn Nissan van bearing No. AIS 8015 belonging to the Telecommunications Department and being driven by its driver/respondent No. 3 in the O.P. in a rash and negligent manner and at a high speed came from the same direction (Mushirabad side) and dashed the Luna of Mallikharjun. As a result of the said accident, Mallikharjun sustained grievous injuries and died on the spot. Wife, children and parents of the deceased Mallikharjun filed the O.P. under Section 166 of Motor Vehicles Act, 1988 claiming a compensation of Rs. 3,00,000 aga...
S. Narayanamma and ors. Vs. Secretary to Govt. of India, Ministry of T ...
Court: Andhra Pradesh
Decided on: Mar-16-2002
Reported in: II(2002)ACC582; 2002(3)ALT265
ORDERN.V. Ramana, J.1. This appeal arises out of the order and decree in O.P. No. 628 of 1994 on the file of Motor Accidents Claims Tribunal, Hyderabad.2. On 13-7-1994 at about 7.30 p.m. one S. Mallikharjuna, who was working as a Junior Assistant in the Office of SETWN, Puranahaveli, Hyderabad, was proceeding on his luna bearing No. AP-12-2376 towards Mushirabad (Secunderabad) side from R.T.C. Cross roadside. When he reached near Subash Talkies at Mushirabad, Hyderabad, an Allwyn Nissan Van bearing No. AIS 8015 belonging to the Telecommunications Department, being driven by its driver/3rd respondent in the O.P. in a rash and negligent manner and at a high speed came from the same direction (Mushirabad side) and dashed the luna of Mallikharjun. As a result of the said accident, Mallikharjun sustained grievous injuries and died on the spot. Wife, children and parents of the deceased Mallikharjun filed the O.P. Under Section 166 of the Motor Vehicles Act, 1988 claiming a compensation of R...
Naseem Noorullah Vs. Abdul Salam
Court: Andhra Pradesh
Decided on: Mar-15-2002
Reported in: 2002(3)ALD326
ORDERDubagunta Subrahmanyam, J.1. This revision petition is filed against the order dated 10-9-1999 in IA No. 870 of 1999 in OS No. 885 of 1995 on the file of the III Additional Junior Civil Judge, Visakhapatnam. 2. The plaintiff is the revision petitioner. She filed the petition in IA No,870 of 1999 under Section 151 CPC requesting the trial Court to permit her husband to adduce evidence in the suit on her behalf in the interest of justice, equity and good conscience. The said petition was opposed by the respondent-defendant. The trial Court dismissed the said application by order-dated 10-9-1999. Aggrieved by that order, this revision petition is filed.3. As per Section 120 of the Indian Evidence Act, 1872, in all civil proceedings the parties to the suit, and the husband or wife of any party to the suit, shall be competent witnesses. In the present case, the plaintiff wants to examine her husband as a witness on her behalf. He is a GPA holder of the plaintiff. Even if he is not a GP...
S.K. Agarwal Vs. M. Venkateswarlu
Court: Andhra Pradesh
Decided on: Mar-15-2002
Reported in: 2002(3)ALD186
ORDERRohini, J. 1. The defendant in OS No. 1148 of 1998 on the file of the Court of the 1st Junior Civil Judge, City Civil Court at Secunderabad is the revision petitioner. 2. The short question that arises for consideration in this revision petition is whether the unregistered rental agreement sought to be marked by the defendant is admissible in evidence. 3. The facts, which are not in dispute and relevant for the purpose of deciding the issue in question are as follows: 4. The respondent herein filed OS No. 1148 of 1988 on the file of the Court of the 1st Junior Civil Judge, City Civil Court at Secunderabad seeking a decree for recovery of possession of the suit schedule premises, for arrears of rent and for past and future mesne profits. The specific averments in the plaint are that the plaintiff is the absolute owner of the suit schedule premises and that the defendant is the tenant on a monthly rent of Rs. 2,500/-. He also pleaded that it is a month to month tenancy and that a re...
Koneru Syam Sundara Rao and anr. Vs. Pendurti Kanaka Durga
Court: Andhra Pradesh
Decided on: Mar-15-2002
Reported in: 2002(4)ALD178; 2002(5)ALT75
Narasimha Reddy, J.1. In this appeal, the judgment and decree of the Court of the Principal Subordinate Judge, Vijayawada, in OS No. 247 of 1983 is in challenge. The defendants are the appellants. The parties are referred to as arrayed in the suit.2. The respondent/plaintiff filed the suit for the relief of specific performance of the agreement of sale dated 15-5-1980 executed by the defendants herein and the father of the 1st defendant by name Koneru Venkata Narayana, offering to sell the suit schedule property. According to the plaint averments, the defendants offered to sell the suit schedule property for a consideration of Rs. 19,250/-, an amount of Rs. 5,000/- was paid as advance on the date of agreement, the balance of Rs. 14,250/-was to be paid after the defendants obtain the permission from the Urban Land Ceiling Authorities (for short 'ULC authorities') and intimate the same to the plaintiff. It was alleged that the defendants have not obtained the said permission and on accou...
A.P. State Co-operative Societies Secretaries and Employees Union, Hyd ...
Court: Andhra Pradesh
Decided on: Mar-15-2002
Reported in: 2002(4)ALD256; 2002(3)ALT728
B. Sudershan Reddy, J. 1. Thepetitioner-Unit claims to represent the interest of the Paid Secretaries of PrimaryAgricultural Co-operative Societies (PACS) in the State of Andhra Pradesh. It invokes the extraordinary jurisdiction of this Court under Article 226 of the Constitution of india challenging G.O. Ms. No.52I Agriculture and Co-operation (Co-op.III) Department, dated 28.9.1993 issued by the 1st respondent-Government whereunder the Government changed the existing recruitment policy with regard to Category-V posts in the Co-operative Central Banks in the State by altering the ratio of recruitment from 9:1 to 5:4:1 in respect of all the posts in Category-V i.e., to say Supervisors, Clerks etc., and directing the recruitment to be made in the said ratio, five by direct recruitment from open market, four from the Paid Secretaries of the PACS and one from in-service candidate of the Bank through selection respectively.2. Before adverting to the question as to whether the impugned G.O....
Mohd. QutubuddIn Vs. Aziz Khan and anr.
Court: Andhra Pradesh
Decided on: Mar-15-2002
Reported in: 2002AIHC4073
B.S.A. Swamy, J.1. These two appeals involving commonquestions of law and facts arise out of a common judgment passed by a learnedsingle Judge of this Court and they can be disposed of by a common judgment.2. The parties herein are referred toas they are arrayed in the suits for the sake of convenience.3. In these two appeals, this Courtis called upon to decide the effect of deletion of Section 47 of the AndhraPradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (Act No. XXIof 1950) - hereinafter referred to as 'the Tenancy Act'. The main issueto be decided in these appeals is whether both the suits (O.S.Nos.1001 of 1978and 1174 of 1981) filed by the plaintiffs are liable to be dismissed as thesuit transaction is hit by Section 47 of the Tenancy Act.FACTUAL BACKGROUND:4. The defendant in both the suits,Mohd. Qutubuddin filed O.S.No.38 of 1963 on the file of the Munsif Magistrate(West), Hyderabad against Syed Basharat Ahmed and his wife Smt. UmmatulBasheera Begum for perman...
Karrothu Appalanaidu Vs. Karrothu Narayana
Court: Andhra Pradesh
Decided on: Mar-15-2002
Reported in: 2002(6)ALD27
ORDERV.V.S. Rao, J.1. The petitioner is defendant in OS No.86 of 1992 on the file of the Court of the Principal Junior Civil Judge, Vizianagaram. The respondent who is none other than the brother of the petitioner filed the above suit for partition of certain properties. The petitioner demurred by taking a stand that by reason of past partition as evidenced by 'partition list' dated 9.2.1972 the suit be dismissed. At the time of the trial he sought to mark the said document dated 9.2.1972. On, objection by the learned Counsel for the respondent-plaintiff the trial Court gave the impugned ruling on 7.2.2001 holding that the document in question is a partition deed and the same cannot be marked in the absence of stamp duty and registration. 2. The learned Counsel for the petitioner-defendant Sri E.V. Bhagiratha Rao submits that a document should be read as a whole to decide whether it is in the nature of partition deed or partition list. According to the learned Counsel the document spec...
Gottikonda Subhas Chandra Bose Vs. A.P.S.R.T.C. Rep by Its Managing Di ...
Court: Andhra Pradesh
Decided on: Mar-15-2002
Reported in: 2002(5)ALT524
ORDERV.V.S. Rao, J.1. The following facts are admitted. The petitioner filed a suit for injunction against APSRTC and two others on 22.9.1999. In the said suit being O.S. No. 107 of 1999 on the file of the Court of the Junior Civil Judge, S. Kota, the petitioner also filed an interlocutory application being I.A. No. 361 of 1999 under Rules 1 and 2 of Order XXXIX of the Code of Civil Procedure, 1908 (for short 'the Code'). The trial court granted ex parte ad interim injunction restraining the respondent herein not to interfere with his possession in respect of shop. The respondents immediately filed their counter and the matter was heard on 15.10.1999. On 10.11.1999, I.A. No. 361 of 1999 was dismissed vacating the ex parte ad interim injunction. Against the said order the petitioner-plaintiff filed a civil miscellaneous appeal being C.M.A. No. 22 of 1999 on the file of the court of the District Judge, Vizianagaram who by impugned order dated 24.7.2000 partly allowed the appeal restoring...
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