Andhra Pradesh Court July 2002 Judgments
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The A.P.S.R.T.C., Rep. by Its Managing Director and anr. Vs. B. Vijaya ...
Court: Andhra Pradesh
Decided on: Jul-31-2002
Reported in: 2002ACJ1846; AIR2002AP441; 2002(4)ALT525; 2002(3)CTC385
Ar. Lakshmanan, C.J.1. What is the reasonable interest payable on the amount of compensation awarded to a claimant in a motor accident claim case is the issue involved in these matters referred to by a Division Bench of this Court for an authoritative pronouncement.2. The awards passed by the respective Tribunals, out of which, the present appeals arose, were challenged on various grounds including the ground that the Tribunals ought not to have granted interest at 12% per annum on the amount of compensation awarded. When the appeals came up for admission together with the interlocutory applications for stay of the awards, on a consideration of the decisions of the Supreme Court in S. KAUSHNUMA BEGUM vs . NEW INDIA ASSURANCE CO. LTD., 2001 SCW 85, : [2001]1SCR8 and the Full Bench decision of this Court in GENERAL MANAGER vs . SANGUM BHAGYAMMA, : 2001(5)ALD404 wherein it was held that the claimants are entitled to interest at 9% per annum, on one hand, and the decisions of the Supreme C...
D.N. Rao Vs. Apple Credit Corporation Limited and State of A.P.
Court: Andhra Pradesh
Decided on: Jul-31-2002
Reported in: 2002CriLJ4751
ORDERS.R.K. Prasad, J.1. The petitioner invokes the inherent powers of this Court under section 482 of Criminal Procedure Code to quash the orders passed in Crl.M.P.No.1384 of 2001 dated 4-5-2001 on the file of the II Metropolitan Magistrate , City Criminal Court, Hyderabad and also for necessary direction to accept the special vakalat filed by the counsel.2. The facts that led to filing of the petition can be briefly stated as follows.The first respondent herein presented a complaint in CC No.257 of 2000 on the file of II Metropolitan Magistrate, Criminal Courts, Hyderabad for the offences punishable under Section 138 of Negotiable Instruments Act against the petitioner company, represented by its Chairman viz., Dasari Narayana Rao.3. The Second Metropolitan Magistrate, issued summons to the accused/petitioner herein and after receipt of summons, the company engaged Sri Nandigam Krishna Rao as its counsel who has presented a special vakalat and a petition under Section 305 of Cr.P.C. ...
Visakhapatnam Urban Development Authority Vs. Kemburi Gowri Naidu and ...
Court: Andhra Pradesh
Decided on: Jul-31-2002
Reported in: (2003)IILLJ256AP
ORDERL. Narasimha Reddy, J.1. In this batch of writ petitions, the Visakhapatnam Urban Development Authority (for short 'the VUDA'), the petitioner, challenges the award passed by the Labour Court, Visakhapatnam, in various Industrial Disputes, directing reinstatement of the workmen.The respective employees are impleaded as respondent No.1 in the concerned writ petitions and for the sake of convenience; they are referred to as the workmen.2. The workmen raised Industrial Disputes before the Labour Court, the 2nd respondent, contending that they have been engaged as NMRs by the petitioner at various point of time, they have been discharging their functions that were assigned to them from time to time and that their services have been orally terminated without complying with the provisions of Section 25F of the Industrial Disputes Act (for short 'the Act').3. The petitioner resisted the Industrial Disputes on two grounds. Firstly, it was contended that the petitioner is not an industry a...
Koneru Ranga Rao Vs. N. Swamy Das and ors.
Court: Andhra Pradesh
Decided on: Jul-31-2002
Reported in: 2003(1)ALD18
C.Y. Somayajulu, J.1. This petition is filed to order inspection, scrutiny and recount of all the ballot papers polled in the election to 81-Tiruvuru Assembly Constituency held during 1999 AP General Elections to the Andhra Pradesh Legislative Assembly and set aside the election of 1st respondent on the ground of corrupt practices allegedly indulged in by the 1st respondent and irregularities allegedly committed during counting. 1st respondent filed Application No. 347 of 2000 to strike down paragraphs 7 to 11 of the election petition on the ground that they are vague and frivolous. Petitioner filed his counter contending that the allegations regarding the corrupt practices were made only as a passing reference, and that as a matter of fact he is not either relying or basing his claim on any of the corrupt practices alleged in the petition. After hearing both sides, by the order dated 25-4-2000, paragraphs relating to corrupt practices in the petition were ordered to be struck off. Thu...
Bojjala Ganga Subbarami Reddy Vs. Srikalahasthi Municipality
Court: Andhra Pradesh
Decided on: Jul-31-2002
Reported in: 2003(2)ALD83; 2003(5)ALT604
C.Y. Somayajulu, J.1. Since both these appeals arise out of a common judgment, they are being disposed of by a common judgment. 2. A.S.NO. 1934 of 1989 arises out of O.S. No. 138 of 1985 and A.S.No. 1935 of 1989 arises out of O.S.No. 200 of 1985 on the file of the Court of Subordinate Judge, Srikalahasti. The aforesaid O.S.No. 138 of 1985 was instituted as O.S.No. 115 of 1983 and O.S.No. 200 of 1985 was instituted as O.S.No. 243 of 1984 on the file of the Court of Subordinate Judge, Tirupathi, for recovery of the property tax due and payable by the appellant in respect of his building bearing Old Assessment No. 7093, corresponding New Assessment No. 10141, described in the Schedules appended to theplaints (hereinafter referred to as the building) to the respondent Municipality. After the constitution of the Court of Subordinate Judge at Srikalahasti the said suits were transferred to that Court from Tirupathi and were renumbered as O.S. Nos. 138 and 200 of 1985. 3. The case of the resp...
Toufiq Ali Mirza and anr. Vs. Smt. Baderunnisa
Court: Andhra Pradesh
Decided on: Jul-31-2002
Reported in: 2002(5)ALT628
B. Sudershan Reddy, J.1. The defendants in O.S.No. 1749 of 1989 on the file of the learned IV Additional Judge, City Civil Court, Hyderabad are the appellants in this appeal. The learned trial Judge decreed the suit for specific performance of agreement of sale filed by the respondent-plaintiff. Hence this appeal.2. We shall refer to the parties as plaintiff and defendants throughout this judgment.3. Before adverting to the question as to whether the impugned judgment under appeal suffers from any errors and legal infirmities, it may be required to notice the relevant facts.4. It is the case of the plaintiff that she has entered into an oral agreement of sale with the plaintiff (sic. 1st defendant) on 17-9-1989 in respect of house plot admeasuring 354.66 square yards bearing plot No. 17 situate at Road No. 2, Banjara Hills, Hyderabad (for short 'the said property') for a sale consideration of Rs. 3,50,000/-. The 1st defendant received a sum of Rupees One Lakh from the defendant (sic. p...
S. Ramabrahmam Vs. Indian Bank, Rep. by Its Branch Manager
Court: Andhra Pradesh
Decided on: Jul-30-2002
Reported in: 2002(3)LS44
Dubagunta Subrahmanyam, J.1. This appeal is filed against the order dated 17.7.2001 in I.A.No.1659 of 2001 in O.S.No. 9 of 2001 on the file of II Additional District Judge, Vijayawada.2. Necessary facts for the disposal of this appeal briefly are as follows:The first defendant in O.S.No.9 of 2001 on the file of II Additional District Judge, Vijayawada, claiming himself to be the power of attorney holder of the plaintiff was said to have borrowed various amounts from the Indian Bank, Vijayawada Branch.The said bank is the fourth defendant in the above suit. The said bank filed an application before the Debt Recovery Tribunal to recover a huge sum borrowed by first defendant. The said application is now pending as O.A.No. 217 of 1999 on the file of Debt Recovery Tribunal, Hyderabad. It also appears that the bank authorities gave a police complaint against its Manager Sri C. Narayana Rao and some others stating that they have cheated the Indian Bank to a tune of more than Rs.27,00,000=00....
S. Swamynatha Reddy Vs. Hindustan Shipyard Limited and anr.
Court: Andhra Pradesh
Decided on: Jul-30-2002
Reported in: 2002(5)ALD827
ORDERT. Meena Kumari, J.1. This writ petition has been filed to declare the impugned letter No. PD/ EC/0114/38/2001 dated 30-6-2001 of the second respondent withholding VRS Compensation, gratuity and other benefits of the petitioner as illegal, improper, unjust, arbitrary.2. The brief facts of the case are as follows:3. The petitioner joined as Probationary Officer in the respondents-Shipyard in 1968 and he worked in various cadres and departments. Later, he was transferred to Ship Repairs Department in November, 1988 as Manager. Thereafter, he worked in the same department in various capacities as Manager (Officer on Special Duty), Chief Manager, Deputy General Manager and General Manager from November, 1998 to December 2000. Later, he was transferred to production department in November, 2000 as General Manager. While working as such, he took voluntary retirement scheme on 31-3-2001.4. It is stated that in the month of September/October, 2000 he fell sick due to heavy workload. When ...
A.D.S. Sarma Vs. Deputy Registrar of Co-operative Society
Court: Andhra Pradesh
Decided on: Jul-30-2002
Reported in: 2002(5)ALD520
ORDERV.V.S. Rao, J.1. The petitioner, at the relevant lime, was Paid Secretary of Gollavalli Primary Agricultural Co-operative Society (hereafter called as 'PACS'). Alleging breach of trust, the first respondent initiated proceedings under Section 60 of the A.P. Co-operative Societies Act, 1964 (for short '(he Act'), The proceedings culminated in passing three surcharge orders dated 12-5-1986 against the petitioner as well as two former Presidents of the PACS. It appears that the two former Presidents challenged the surcharge orders before the appellate authority, namely, the Court of Principal District Munsif, Amalapuram in C.T.A.No.5 of 1986. The said appellate authority allowed the appeals and set aside the surcharge orders.2. After surcharge orders were set aside by the appellate authority against two former Presidents, the first respondent again issued notice to the petitioner in February, 1998 and passed surcharge orders on 21-3-1998. Aggrieved by the same, the petitioner filed t...
B. Ramachandra Reddy and ors. Vs. Nelli Subbamma and anr.
Court: Andhra Pradesh
Decided on: Jul-30-2002
Reported in: 2003(1)ALD763
C.Y. Somayajulu, J. 1. Defendants 1 to 3 in O.S. No. 46 of 1974 on the file of the Court of the Additional Subordinate Judge, Anantapur, are the appellants.2. 1st respondent filed the said suit against the appellants and 2nd respondent, seeking partition and separate possession of her 1/4th share in the plaint A and B schedule properties and consequential reliefs, alleging that Bolla Rangappa had two sons i.e., 1st appellant and Laxmi Reddy, and that appellants 2 and 3 are the sons of the 1st appellant and that she and the 2nd respondent are the daughters of Laxmi Reddy, and that after the death of Rangappa, 1st appellant and Laxmi Reddy became entitled to half share in the plaint A and B schedule properties and consequent on the death of her father Laxmi Reddy, she and 2nd respondent are entitled to 1/4th share each. Appellants filed a common written statement admitting the relationship between them and the respondents and contending that as per the Will dated 27-9-1973 executed by La...
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