Andhra Pradesh Court April 2002 Judgments
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United India Insurance Co. Ltd. Vs. Lingampally Mondi and ors.
Court: Andhra Pradesh
Decided on: Apr-19-2002
Reported in: 2004ACJ233; 2002(3)ALD670
C.Y. Somayajulu, J. 1. Respondents 1 to 3 filed O.P.No.269 of 1996 in the Motor Accidents Claims Tribunal, Adilabad, against respondents 4 and 5 and the appellant, seeking compensation of Rs.1,34,000/- consequent on the death of L.Rajakka (deceased), wife of 1st respondent and mother of respondents 2 and 3, alleging that on 23-5-1996 when the deceased, who was earning Rs.2,000/- per month as a vegetable vendor, was traveling in a jeep bearing No.AHT.9521 belonging to the 4th respondent, being driven by 5th respondent and insured with the appellant, from Bellampally to Ghanapur, she fell out of the jeep due to the rash and negligent driving of the 5th respondent and sustained a head injury and died on the spot.2. Respondents 4 and 5 remained ex parte.Appellant filed its counter putting respondents 1 to 3 proof of the averments in the petition, and contending that it is not liable to pay compensation because the deceased was traveling in the jeep, as a fare paying passenger though it is ...
Oasis Bar and Restaurant and ors. Vs. P. Umabala and anr.
Court: Andhra Pradesh
Decided on: Apr-19-2002
Reported in: 2002(4)ALD508
S.R.K. Prasad, J.1. This appeal and cross-objections are directed against the judgment and decree passed in OS No. 521 of 1991 on the file of the learned I Additional Sub-Judge, Visakhapatnam.2. The facts that arises for consideration can be stated briefly as follows:Defendants are the appellants. It is admitted fact that Smt. Umabala, who is the 1st defendant, is the owner of the suit schedule building bearing No. 47-11-28, described in the schedule and it is located at Dwarakanagar, Visakhapatnam. The 2nd plaintiff, who is the husband, is said to have fitted fixtures and furnitures mentioned in the schedule to the said building. The plaintiff's claim that the property was let out to one Sri P. Venkata Reddy for running a hotel under an unregistered lease deed dated 9-6-1980 initially for a period of three years on a monthly rental of Rs. 1,500/- for building proper and Rs. 1,000/- towards rent for fixtures in the building. The lease commenced from 1-7-1980. It is also the case of the...
Radhakrishna Rice Mill Company and ors. Vs. Jumma Maseedh by Its Mutha ...
Court: Andhra Pradesh
Decided on: Apr-19-2002
Reported in: AIR2003AP70; 2002(6)ALD52; 2002(6)ALT791
L. Narasimha Reddy, J.1. Since common questions of fact and law involved in the appeal as well as therevisions, they are heard together and common judgment is being rendered in all the matters.2. The appellants in AS. No. 480/76 are the petitioners in CRP Nos.642 and 643 of 1997. For the sake of convenience, they are referred to as 'the tenant'. The respondent in the appeal and the CRP Nos.642 and 643 of 1997 is Jumma Masjid, Vijayawada, which is referred to as 'the Mosque' for the sake of convenience. There are rival contenders for the office of the Trustee/Mutawalli in respect of the said Mosque. They are arrayed in the proceedings in various capacities. To avoid confusion, they are referred to by their names.3. The facts which gave rise to the proceedings under adjudication are as under:--4. Way back in the 17th century, one Shah Musafir Sahib, acquired extensive properties at Vijayawada and constructed a Mosque on a part of it and endowed the remaining property for the benefit of t...
United India Insurance Co. Ltd. Vs. Lingampalli Mondi and ors.
Court: Andhra Pradesh
Decided on: Apr-19-2002
Reported in: II(2004)ACC493
C.Y. Somayajulu, J.1. Respondent Nos. 1 to 3 filed O.P. No. 269 of 1996 in the Motor Accident Claims Tribunal, Adilabad, against the respondent Nos. 4 and 5 and the appellant, seeking compensation of Rs. 1,34,000/- consequent on the death of L. Rajakka (deceased), wife of respondent No. 1 and mother of the respondent Nos. 2 and 3, alleging that on 23.5.1996 when the deceased, who was earning Rs. 2,000/- per month as a vegetable vendor, was travelling in a jeep bearing No. AHT 9521 belonging to the respondent No. 4, being driven by respondent No. 5 and insured with the appellant, from Bellampally to Ghanapur, she fell out of the jeep due to rash and negligent driving of the respondent No. 5 and sustained a head injury and died on the spot.2. Respondent Nos. 4 and 5 remained ex parte. Appellant filed its counter putting respondent Nos. 1 to 3 proof of the averments in the petition, and contending that it is not liable to pay compensation because the deceased was travelling in the jeep, a...
Dr. K.V. Ramakanth Rao Vs. Akula Srihari and anr.
Court: Andhra Pradesh
Decided on: Apr-19-2002
Reported in: 2003ACJ1797; 2002(5)ALT6
B.S.A. Swamy, J.1. This L.P.A. is filed against the Award of the Motor Accidents Claims Tribunal, Ranga Reddy in O.P. No. 679/1989 dated 30-5-1991 as confirmed by the learned single Judge of this Court in C.M.A. No. 1724/1991 dated 2-8-1999.2. The appellant before us is a practicing Orthopaedic Surgeon. After staying for about seven years in Gulf country, he came back to India and started working as a consultant in Apollo Hospital and in Sri Padmavathi Orthopaedic and Surgical Clinic. On the fateful day i.e., on 16-6-1989 at about 3.30 p.m. when the appellant was returning home on his scooter, lorry bearing No. ATS 7373 came from behind him and due to rash and negligent driving of the driver, the appellant was dragged by the lorry to a certain distance and he sustained not only multiple bruises and contusions, but also sustained hairline fracture to his pubis bone. With the result, he was hospitalized for about three months and after coming back to home, he was compelled to take rest f...
S.P.S. Public School, Visakhapatnam Vs. Wakf Board and ors.
Court: Andhra Pradesh
Decided on: Apr-18-2002
Reported in: 2002(3)ALD344; 2002(3)ALT232
Dr. Ar. Lakshmanan, C.J.1. Writ Appeal No. 739 of 2002 is filed by SPS Public School, Visakhapatnam against the judgment of the learned single Judge dated 26-3-2002 in Writ Petition No. 20519 of 2001. 2. The students, who were not parties to Writ Petition No. 20519 of 2000, filed Writ Appeal (Sr.) No. 36363 of 2002 aggrieved by the order in the said writ petition with a leave petition praying this Court to direct the Council for Indian School Certificate Examinations to permit them as students of first respondent-Institution or through any other recognised school to write ICSE 10th class examination in Hindi Papers I and II scheduled to be held on 19-4-2002 and 22-4-2002. 3. Since the appellants/students are affected by the said order, we grant them leave to appeal against the judgment in Writ Petition No. 20519 of 2001 and heard the arguments advanced by their Counsel Sri D. V. Sltarama Murthy. 4. Writ Appeal No. 739 of 2002 was argued by Sri E. Manohar, leaned senior advocate, and on...
Vadigarraajji Doddaiah Vs. District and Sessions Judge, West Godavari ...
Court: Andhra Pradesh
Decided on: Apr-18-2002
Reported in: 2002(3)ALD756; 2002(3)ALT781
Dr. Ar. Lakshmanan, C.J. 1. Heard the learned Counsel for the petitioner and the learned Counsel for the respondent.2. The petitioner was first appointed as Junior Assistant in the Special Court under the Essential Commodities Act at Anantapur (for short 'the Special Court') vide proceedings of the Special Judge for E.C. Act Cases in Dis No. 620, dated 3-11-1986; Pursuant to the said proceedings the petitioner joined duty as Junior Assistant and continued till 28-2-1989 on which date the Special Court was abolished. In other words, the Special Courts at Nizamabad, Anantapur and Nellore ceased to function from 28-2-1989. Consequent upon such abolition the employees including the petitioner herein working in those special Courts were discharged from service resulting in unemployment to them. Some of the discharged employees made representations and some of them had filed writ petitions also seeking to consider their cases on humanitarian grounds. Though the said posts were purely tempora...
Kadali China Satyanarayana and anr. Vs. Tatavarthi Viswanadham
Court: Andhra Pradesh
Decided on: Apr-18-2002
Reported in: 2002(4)ALD159
ORDERDubagunta Subrahmanyam, J. 1. The judgment debtors in EP.No. 10 of 1999 in OS.No. 13 of 1992 on the file of the Senior Civil Judge, Razole filed this revision petition against the order-dated 25.8.1999 passed by the Executing Court in the said EP.2. Necessary facts for the disposal of this revision petition are as follows: The decree holder filed the suit OS No. 13 of 1992 for specific performance of the sale agreement executed by the judgment debtors. The suit was settled in the Lok Adalat. The Lok Adalat passed an award directing the judgment debtors to pay a sum of Rs. 17,000/ to the decree holder. As the said amount was not paid by the judgment debtors subsequently, the above EP was filed by the decree holder for sale of the property and for realization of the decretal amount. The judgment debtors filed a counter taking the plea that after passing the award, the decree holder took possession of the property referred to in the EP and agreed to appropriate Rs. 2,000/- per month ...
Gudisa Satyanarayana and ors. Vs. Mithireddy Musalinaidu and anr.
Court: Andhra Pradesh
Decided on: Apr-18-2002
Reported in: 2002(5)ALD76
G. Yethirajulu, J.1. This appeal is directed against the judgment and decree in AS No. 34 of 1997 on the file of the Additional District Judge, Vizianagaram, preferred against the judgment and decree in OS No. 31 of 1983 on the file of the District Munsif, Cheepurupally.2. The appellants are the defendants 1 to 4 and the respondents are the plaintiffs and the 5th defendant in the suit. The plaintiff filed the suit for specific performance of an agreement of sale against the defendants 1 to 4 to execute a Registered Sale Deed in favour of the plaintiff after receipt of the balance of sale consideration. According to the plaintiff, the first defendant agreed to sell the suit schedule lands of an extent of Ac.1-50 cents to the plaintiff for a sum of Rs. 1,800/- and executed an agreement of sale dated 28-3-1983 by taking an advance of Rs. 800/- towards part of sale consideration. Defendants 2 to 4 are the minor sons of the first defendant. The first defendant executed the agreement of sale...
Sri Vishnu Cement Ltd. Vs. S.R.K. Transport Service and anr.
Court: Andhra Pradesh
Decided on: Apr-18-2002
Reported in: 2002(2)ALT670
Ramesh Madhav Bapat, J.1. Both these proceedings have been filed by M/s. Sri Vishnu Cement Limited, a company registered under the Companies Act, 1956, having its Registered Corporate Office at 6-3-883/1, Hyderabad, P.B. No. 1535, Panjagutta, Hyderabad. C.M.A. No. 456 of 2000 is filed by the same Company represented by its Vice-President (Tech.) Sri K.L. Narayana Rao and C.R.P. No. 878 of 2000 is filed by the same Company represented by its Company Secretary Sri Ch.V. Jagannadha Rao.2. It appears that the appellant-company entered into a contract with the 1st respondent-company wherein the 1st respondent-company agreed to transport the cement manufactured by the appellant-company to different destinations by engaging number of trucks. Thereafter there was a dispute. Thus, as per the terms of the agreement, the matter was referred to the Arbitrator. The Arbitrator passed the award granting compensation of Rs. 25,04,598/-with 12% interest. After the award is passed, the Company filed O.P...
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