Andhra Pradesh Court July 2002 Judgments
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Singana Subbarayudu and anr. Vs. K. Raja and anr.
Court: Andhra Pradesh
Decided on: Jul-05-2002
Reported in: I(2003)ACC15; 2004ACJ349; 2002(5)ALT621
Narayana Reddy, J.1. This judgment according to law based on the legal material placed on record arises out of a civil miscellaneous appeal filed by appellants against respondent Nos. 1 and 2 under Section 173 of the Motor Vehicles Act, 1988, questioning the validity and legality of adjudication made by and set forth in para 2, infra.2. Award dated 5.2.2001 of the Motor Accidents Claims Tribunal (I Additional District Judge), Cuddapah, made in O.P. No. 607 of 1999 on its file and the decree of even date, that followed the same, therein.3. Perused the material papers of the record.4. Arguments were heard of the learned counsel for the appellants and the learned counsel for the contesting respondents.5. The two appellants herein, correspond respectively to claimant Nos. 1 and 2 in the said O.P. No. 607 of 1999, of the said Tribunal. Respondent Nos. 1 and 2 herein, correspond respectively to respondent Nos. 1 and 2 therein.6. Under Section 169 of the said Motor Vehicles Act, 1988, the tri...
E.V. Ramanarasaiah and anr. Vs. G. Gnaneswar and anr.
Court: Andhra Pradesh
Decided on: Jul-05-2002
Reported in: 2002(2)ALD(Cri)188; 2002(2)ALT(Cri)353; [2004]119CompCas839(AP)
Ch. S.R.K. Prasad, J.1. The petitioners who are A-1 and A-2 in C. C. No. 566 of 1998 on the file of 15th Metropolitan Magistrate, City Criminal Courts, Hyderabad, invoke the inherent powers of this court under Section 482 of the Criminal Procedure Code, 1973, to quash the proceedings.2. A brief resume of the background of facts is necessary. The first respondent and his brother were running a brick manufacturing factory under the name and style of M/s. Swati Clay Products, in Anantharam Village, in Nalgonda District. The first petitioner is a lecturer in S. V. S. College, Osmania University and the second petitioner is his wife. Both of them along with their son are also running a school under the name Mother Public School. The first respondent offered to sell the above clay factory and clear the liability with bank and on the strength of collateral security given the documents were got released. The petitioners took possession of the Swati Clay factory and changed the name of Ajantha ...
Nandyal Municipality Vs. Bagarapu Papaiah
Court: Andhra Pradesh
Decided on: Jul-04-2002
Reported in: 2002(5)ALD108
P.S. Narayana, J.1. The unsuccessful defendant in different suits, instituted by the respondents-plaintiffs in all these matters had preferred these second appeals. The suits were filed by the respective plaintiffs for declaration that the enhancement of vacant land tax in respect of the respective plaint schedule sites in all the suits as illegal, arbitrary and capricious and against the provisions of the A.P. Municipalities Act, 1965 (hereinafter in short referred to as 'Act'). The respective plaintiffs are the owners of the plaint schedule properties, the house sites, within the municipal limits of Nandyala town and it is also pleaded that these plots were acquired by them as members of Srinivasa Co-operative House Building Society, Nandyal, which were allotted to them and the appellant-Nandyal Municipality, hereinafter referred to as 'Municipality' in short, had assessed these vacant sites to vacant land tax. But however, without assigning any reason whatsoever the appellant-defend...
Ya Fatima Educational Society and ors. Vs. Osmania University
Court: Andhra Pradesh
Decided on: Jul-04-2002
Reported in: 2002(5)ALD229; 2002(6)ALT8
E. Dharma Rao, J. 1. WP No. 6053 of 2002 is filed by Ya Fatima Educational Society, the 1st petitioner represented by its Chairman and Correspondent Syed Askari Hassan praying for a mandamus declaring the action of the respondent University in issuing proceedings dated 22-3-2002 as illegal, arbitrary and unconstitutional and to set-aside the same, and for a consequential direction not to interfere with the functioning of New India Institute of Computer Science, the 2nd petitioner college. 2. WP No. 7207 of 2002 is filed by the students of New India Institute of Computer Science, seeking a writ of mandamus declaring the action of the Osmania University and the Controller of Examinations, Osmania University, respondents 1 and 2 in the writ petition in not issuing the Hall Tickets and not permitting them to appear for 1st semester examination for MCA Course as illegal, null and void and contrary to the judgments of the Supreme Court and for a consequential direction to respondents 1 and 2...
Kalisetti Venkata Ramana Vs. Kolla Eswara Prasad
Court: Andhra Pradesh
Decided on: Jul-04-2002
Reported in: 2003(1)ALD177
ORDERV. Eswaraiah, J.1. These three Civil Revision Petitions are filed by three different tenants against the common respondent who is the co-owner of the petition schedule properties. Since common question arises in all three matters, they are disposed of by a common order.2. The respondent filed RCC Nos.3 of 1995, 4 of 1995, 6 of 1995 for eviction of the petitioners herein before the Rent Controller-cum-Principal Junior Civil Judge, Srikakulam on the ground of wilful default in payment of rents. The Rent Controller by different orders dated 11th December, 1998, dismissed all the RCCs holding that in view ofthe disputes among the co-sharers i.e., the respondent and his sister, it cannot be said that the tenants are the defaulters in payment of rents and accordingly the eviction petitions filed by the respondent were dismissed. Against the said order dated 11-2-1998 in RCC No. 3 of 1995, 4 of 1995, 6 of 1995, the respondent filed CMA Nos.2 of 1999, 3 of 1999 and 4 of 1999 respectively ...
Choudapuram Chennaiah and anr. Vs. B. Aki Reddy and anr.
Court: Andhra Pradesh
Decided on: Jul-04-2002
Reported in: 2004ACJ784
G. Bikshapathy, J.1. This appeal is filed by the claimants not being satisfied with the compensation granted by the learned Motor Accidents Claims Tribunal, Mahaboobnagar in O.P. No. 694 of 1992, dated 11.8.1995.2. The claimants are the parents of the deceased. The deceased who was aged about 15 years was studying in 10th class and was involved in an accident and died. Therefore, claimants who are the parents of the deceased laid a claim for compensation of Rs. 1,00,000. The Tribunal granted Rs. 40,000 as compensation. The claimants not being satisfied with the compensation awarded by the Tribunal have preferred the present appeal.3. Learned counsel appearing for the appellants-claimants would submit that the amount of compensation granted by the Tribunal at Rs. 40,000 is very low and it is contrary to the judgment of the Supreme Court in Shanti Bai v. Charan Singh, : AIR1999SC845 , wherein the Supreme Court had granted a lump sum compensation of Rs. 1,50,000 in respect of a boy who wa...
Kunapareddi Nancharayya and anr. Vs. Seethala Ramachandra Rao
Court: Andhra Pradesh
Decided on: Jul-04-2002
Reported in: I(2003)BC637
C.Y. Somayajulu, J. 1. Defendants 1 and2 in O.S. No. 39 of 1981 on the file of the Court of the Subordinate Judge, Gudivada are the appellants. 2. Respondent filed the suit against the appellants for recovery of the principal and interest due on the promissory note dated 24.3.1978 executed by the appellants in favour of J. Venkata Krishna Rao for Rs. 10,400/- as transferee for consideration. Appellants filed their written statement admitting that 1st appellant executed the suit promissory note dated 24.3.1978 in favour of J. Venkata Krishna Rao or Rs. 10,400/- and contending that 2nd appellant did not execute the suit promissory note and that the promissory note was executed by 1st appellant in renewal of a promissory note dated 25.3.1975 for Rs. 8,000/-. It is their contention that 1st appellant actually borrowed an amount of Rs. 4,000/- and since the interest stipulated was 37 1/2 % with yearly rests and since the provisions of A.P. Act of 4 of 1938 apply to that borrowings, with a v...
Gati Coast to Coast Vs. Food Corporation of India and ors.
Court: Andhra Pradesh
Decided on: Jul-03-2002
Reported in: 2002(4)ALD753
ORDERL. Narasimha Reddy, J.1. In this writ petition, the action of the 1st respondent-Food Corporation of India, in rejecting the petitioner's technical bid is challenged.2. The relevant facts may briefly be stated as under:-The 1st respondent-Corporation undertakes the purchase and supply of food grains, mostly for public distribution all over the country. For the purpose of transporting the food grains and sugar to Andaman and Nicobar Islands (A & N Islands), comprising of Port Blair and 7 islands, from Visakhapatnam through sea, it issued a tender notice dated 1-3-2002 inviting tenders from the intending transporters. The tender is structured at two stages, viz., technical bid and financial bid. The tender of only those tenderers who qualify in the technical bid shall be considered in the financial bid.3. The tender notice stipulated various conditions. So far as the conditions to be fulfilled in the technical bid are concerned, they are stipulated under a separate annexure, which c...
Ch. Sri Lakshmi Vs. Executive Officer, Sri Durga Malleswara Swamy Varl ...
Court: Andhra Pradesh
Decided on: Jul-03-2002
Reported in: 2002(4)ALD761; 2002(4)ALT553; (2002)IIILLJ1008AP
Dr. AR. Lakshmanan, C.J.1. The appellant/petitioner, who was working as an Attender, was kept under suspension by an order dated 22-1-2001 by the Executive Officer of the Sri Durga Malleswara Swamy Varia Devasthanam, Vijayawada. Certain charges were framed against her in the departmental proceedings stating that the appellant had stolen certain articles and that the stock register was not maintained properly and therefore she was placed under suspension temporarily from 22-1-2001. The appellant was directed to submit her explanation against the charges within fifteen days from the date of receipt of the said letter. She was also directed to return the stocks available with her to one Kum. D. Naga Kumari, temple Attender.2. The writ petition was filed by the appellant to direct the respondents therein to reinstate the appellant into service as an Attender by declaring the proceedings dated 22-1-2001 as illegal and ultra vires the provisions of the A.P. Charitable and Hindu Religious Ins...
Datla Chandraiah (Died) by Lr and anr. Vs. Kothalanka Durga Vara Prasa ...
Court: Andhra Pradesh
Decided on: Jul-03-2002
Reported in: 2002(5)ALD294
P.S. Narayana, J.1. A novel, but an interesting question arises for consideration in this appeal, in view of the peculiar facts of the case.2. The legal representative of the 1st appellant who was brought on record in this appeal, who ought to have been added as a party to the suit being a necessary party but had not been added as a party, raised an objection relating to the validity and the binding nature of the judgment and decree so far as it relates to the plaint A Schedule property is concerned made in OS No. 52/82 on the file of Subordinate Judge, Bhimavaram.3. The 1st respondent in the present appeal is the plaintiff in OS No. 52/82 on the file of Subordinate Judge, Bhimavaram and the 1st defendant in the suit one Smt. Datla Chandraiah who had preferred the present appeal died pending appeal and her daughter Kalidindi Venkata Subbamma was brought on record as appellant No. 2 as legal representative of the deceased appellant No. l by an order dated 10-10-1995 in CMP No. 13437/95....
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