Andhra Pradesh Court July 2002 Judgments
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Marothi Vs. Satyanarayana
Court: Andhra Pradesh
Decided on: Jul-12-2002
Reported in: 2002(6)ALD134
C.Y. Somayajulu, J.1. Defendant in OS No. 22 of 1984 on the file of the Court of the Additional District Judge, Adilabad, (which was originally instituted as OS No. 58 of 1982 on the file of the Court of the District Munsif, Adilabad) is the appellant.2. Respondent filed the suit for declaration of his title to plot bearing Municipal No. 3-2-29/8 measuring 81' x 60' at Chotathalab locality in Adilabad, within the boundaries mentioned in the schedule appended in the plaint, which hereinafter would be called 'the suit land' and for possession thereof after dismantling the huts therein and for profits, past and future, alleging that he purchased the suit land from the appellant for Rs. 3,000/- under a registered sale deed dated 7-3-1969 and was put in possession thereof on that date, subsequently appellant filed OS No. 20 of 1977 in the Court of the District Munsif, Adilabad, seeking reconveyance of the suit land in his favour on the basis that the sale deed dated 7-3-1969 executed in his...
P. Muse Khan and ors. Vs. M. Gopala Krishnaiah and anr.
Court: Andhra Pradesh
Decided on: Jul-12-2002
Reported in: II(2003)ACC677; 2004ACJ1306; 2002(6)ALD612
G. Rohini, J. 1. The short question that falls for consideration in this appeal is whether the agricultural fields where the accident occurred is a 'public place', within the meaning of Section 2(34) of the Motor Vehicles Act, 1988, so as to fasten theliability against the insurer for the compensation awarded by the Tribunal. 2. The facts, which are not in dispute, are as follows: One Basha Khan while working in the fields of Shanker Reddy of Mudumur village sustained multiple grievous injuries in a motor accident and died while he was being shifted to Hospital, The appellants herein who are the legal representatives of the deceased Basha Khan filed OP No. 69 of 1996 on the file of Motor Accidents Claims Tribunal-cum-Additional District Judge, Madanapalle seeking compensation contending that the accident occurred due to the rash and negligent driving of the driver of the lorry bearing No. AP03 9228 resulting in the death of the deceased. The owner of the said lorry as well as the Insur...
R.P. Agrawal, Prop; Rajeev Traders Vs. General Manger, S.C. Railway an ...
Court: Andhra Pradesh
Decided on: Jul-12-2002
Reported in: 2002(6)ALT703
ORDERS. Ananda Reddy, J. 1. By this application under Section 11 (5) and (6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to 'the Act'), the applicant seeks to appoint an arbitrator for adjudication of the disputes between the applicant and the Respondent Railways.2. From the averments of the petition, the applicant entered into an Agreement No. 6, dated 17th July, 1980 for carrying out certain maintenance work between PAU to Himmaitnagar (excluding Purna and including Himmaitnagar) and the said work was to be carried out during the period from 1-7-1980 to 30-6-1981. It is stated by the applicant that he had successfully completed the work as per the terms of the agreement, But, however, the Respondent-authorities did not settle the claim of the applicant and pay the amount due to him. Therefore, according to the applicant, he had issued a notice dated 20-8-1999 to the General Manager either to settle the matter or to refer the dispute for arbitration. According ...
Vesapogu Yeshaiah Vs. Muppalla Subba Rao
Court: Andhra Pradesh
Decided on: Jul-12-2002
Reported in: 2002(4)ALT283
ORDERRamesh Madhav Bapat, J.1. The petitioner herein was judgment-debtor and the respondent herein was decreeholder in E.P. No. 58 of 1999 in O.S. No. 257 of 1996, which was pending on the file of the Principal Junior Civil Judge, Narasaraopet. The plaintiff-respondent herein secured a decree in the aforesaid suit. The decretal amount was not paid. Therefore, the decreeholder-respondent herein filed E.P. No. 58 of 1999 in the aforesaid Court with a prayer to issue arrest warrant against the petitioner herein for non-payment of the decretal amount. The said E.P. was allowed. Hence the revision by the judgment-debtor-petitioner herein.2. Heard the learned counsel for the petitioner herein at the admission stage.3. There has been a ruling of this Court on number of occasions that the prayer for arrest of the judgment-debtor has to be resorted to as a last measure and not at the first instance. Before the order of putting the judgment-debtor in civil prison is passed, the Court has to give...
Gantasala Tirupathi Raju and ors. Vs. Station House Officer and ors.
Court: Andhra Pradesh
Decided on: Jul-11-2002
Reported in: 2002(2)ALD(Cri)256
ORDERV.V.S. Rao, J.1. The petitioners are residents of Vaddigudem village, Peddapadu Mandal of West Godavari district. They have fish tanks in the village since 1985. They used to purchase De-oiled Rice Bran, the main fish feed, from the 4th respondent namely M/s Chaitanya Oils Limited, (for short 'the Company') Kurumaddali, Pamaruu Mandal, Krishna district. In 1989 that they stopped buying De-oiled Rice Bran from the Company. It is also alleged that Mr. Pedda Chalapathi Rao, China Chalapathi Rao and Sambasiva Rao, who are the employees of the Company, came to the village and offered to supply the feed at concessional rates. But, the petitioners to declined to purchase. In February, 2002, the 1st respondent, it is alleged, summoned the petitioners and pressurised them to clear the amount of Rs.65,00,000/- allegedly due from the petitioners to the Company. The petitioners contend that they are not liable to pay any amount to the Company. Again they were forced to meet the 1st respondent...
V. Narayana Rao Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Jul-11-2002
Reported in: 2002(6)ALD163; 2002(2)ALD(Cri)35; 2002(5)ALT91
Ar. Lakshmanan, C.J.1. Writ Petition No. 5387 of 2000 was filed to quash the order of the 2nd respondent dated 22-2-2000 and arising out of the order dated 17-9-1999 in Rc.No. B3/2234/98 passed by the 3rd respondent and to declare them as arbitrary, discriminatory and illegal. Originally the writ petition was filed only to quash the impugned orders dated 22-2-2000 and 17-9-1999. During the pendency of the writ petition the petitioner moved the State Government by filing a revision purported to be under Section 64 of the A.P, Excise Act, 1968 (for short 'the Excise Act'). The said revision petition was dismissed by the Government, which is also now impugned in this writ petition by way of amendment.2. Writ Petition No. 6493 of 2000 was filed by East India Transport Agency impleading the State of Andhra Pradeshand five others. The writ petitioner in Writ Petition No. 5387 of 2000 was also impleaded as the 6th respondent as per the Court order dated 14-2-2001 in WPMP No. 3112 of 2001. The...
Registrar, Special Court Vs. Chief Secretary to the Government of Andh ...
Court: Andhra Pradesh
Decided on: Jul-11-2002
Reported in: 2002(4)ALT105
ORDER1. The letter which was addressed by the Registrar, Special Court under the A.P. Land Grabbing (Prohibition) Act, 1982 (for short 'the Special Court') to the Registrar General of High Court of Andhra Pradesh was placed before me (Chief Justice) and the same was treated as a taken up writ petition and numbered as writ petition No.3267 of 2002. 2. In the instant case, the appointment of an attender in the Special Court made by the Hon'ble Chairman, who is a retired High Court Judge, was not approved by the Finance Department stating that the Special Court cannot fill up vacancies arising out of retirement or any other manner except by way of redeployment of surplus staff. A representation was made to this Court for declaring the said action of the Finance Department as illegal and for approving the appointment of the attender made by the Hon'ble Chairman. 3. For appreciation of the case the relevant facts are stated as under: The Special Court was constituted under the A.P. Land Gra...
S. Jyothi Vs. Presiding Officer/Election Officer, Thottambedu Mandal, ...
Court: Andhra Pradesh
Decided on: Jul-10-2002
Reported in: 2002(4)ALD660; 2002(6)ALT18
S.R. Nayak, J.1. WA Nos. 1907 and 1908 of 2001 filed by the unsuccessful petitioners are directed against the common order of the learned single Judge dated 28-11-2001 made in WP Nos. 18953 of 2001 and 18954 of 2001. In the above writ petitions, the petitioners assailed the order passed by the Presiding Officer/ Election Officer, Thottambedu Mandai, Chittoor District, the 1st respondent herein, dated 6-9-2001 declaring that the petitioners cease to be members of the Mandai Parishad Territorial Constituency (for short, MPTC)of Thottambedu and Bonnupalli respectively with immediate effect.2. The background facts leading to the filing of the writ petitions may be noted briefly as under; Smt. S. Jyothi, the petitioner in WP No. 18953 of 2001 and Mr. K. Chandraiah Naidu, the petitioner in WP No. 18954 of 2001 were elected as MPTC members of Thottambedu and Bonnupalli in the election Held on 17-7-2001. They belong to Telugu Desam Party, a recognised political party. Election to the post of P...
Dr. Ch. Ramakrishna Rao Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Jul-10-2002
Reported in: 2002(5)ALD53; 2003(1)ALT484
ORDERE. Dharma Rao, J. 1. The petitioner is a postgraduate in General Medicine from Medical College at Guntur and he completed the said course in September, 1997 in first attempt. The petitioner completed his MBBS degree also from, the same College in the year 1980. It is stated that unlike other examinations, the second respondent-University (NTR University of Health Sciences, at Vijayawada) does not grant any percentage of marks in MD and on the other hand, the results were announced on the basis of grading, namely, A, B, C and D. The subjects in MD course are divided into four parts and to get through the examination one has to necessarily secure more than two grades either 'A' or 'B'. If a candidate gets two or more 'C' grades, the candidate is deemed to have been failed in the examination and consequently he/ she has to once again appear for the examination. The petitioner secured two 'A' grades and two 'B' grades, whereas third respondent secured 'B' grade in all four parts.2. Pu...
Kakara Pentaiah (Died) and ors. Vs. Mamillapalli Veera Venkata Dikshit ...
Court: Andhra Pradesh
Decided on: Jul-10-2002
Reported in: 2003(6)ALT792
P.S. Narayana, J.1. The unsuccessful defendants in O.S.No.78/83 on the file of the Principal Subordinate Judge, Peddapuram, are the appellants. The first appellant died during the pendency of the present appeal and appellant Nos.4 to 6 are brought on record as his legal representatives in C.M.P. No. 16128/98. The respondent in the appeal, the plaintiff in the suit, had instituted the suit in O.S.No. 78/83 on the file of the Subordinate Judge, Peddapuram, as an indigent person for declaration of his title to the plaint schedule property and for possession and also for past and future profits and for costs.2. The respondent-plaintiff in the plaint had pleaded as follows:The plaint schedule property is the ancestral property of the plaintiff. It is a ryot land in which the defendants predecessors late Kakara Tataiah and Kotteti Viranna were tenants. The plaintiff's father was given a patta for the land under Estates Abolition Act. The defendants questioned the same in all courts unsuccess...
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