Andhra Pradesh Court August 2002 Judgments
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Transport Corporation of India Vs. the Transport Commissioner and anr.
Court: Andhra Pradesh
Decided on: Aug-21-2002
Reported in: 2003(1)ALT620
ORDERMotilal B. Naik, J.1. In all these writ petitions, the principal issue which has fallen for consideration before us is whether the Registering Authority under the Motor Vehicles Act, 1988 (for short 'the Act') can insist for production of Tax Clearance Certificate obtained from the Commercial Tax Department at the time of registration of vehicles. Since a common issue is raised in all these writ petitions, they are being disposed of by this common order.2. These petitioners are purchasers of various types of vehicles from outside the State of Andhra Pradesh. When such vehicles are brought within the territory of the State of Andhra Pradesh, as provided under Section 39 of the Motor Vehicles Act, 1988, the owners of the vehicles are required to register them with the concerned Registering Authorities in order to ply the vehicles on any public place or in any other place. It is the case of these petitioners, when these vehicles are purchased and brought to the State of Andhra Prades...
Vummethala Somamma Vs. Thameeru Balanagamma
Court: Andhra Pradesh
Decided on: Aug-21-2002
Reported in: AIR2003AP45; 2002(6)ALD214
ORDERT.Ch. Surya, Rao, J.1. The revision petitioner seeks to assail the order dated 12.4.2002 passed by the learned Senior Civil Judge, Suryapet in E,P.No. 24 of 2000. The facts lie in a narrow compass. 2. The revision petitioner is the judgment-debtor and the respondent herein is the decree-holder. The decree-holder filed EP No. 24 of 2000 in execution of the decree obtained by him against the judgment-debtor for sale and thereby for realisation of the decreatal amount. Eventually, the sale was conducted. Under the impugned docket order, the Executing Court blocked down the sale in favour of the decree-holder, he being the highest bidder. The bid amount was for Rs. 1,68,000/-. It is now being assailed on the premise that the upset price was reduced to Rs. 1,60,000/- at the request of the bidders on the ground that the property would not worth more than Rs. 16,000/-. 3. It is the contention of the learned Counsel for the revision petitioner that there was no notice of the sale to the j...
P. Ramaswamy Vs. Union of India (Uoi) Rep. by General Manager, South C ...
Court: Andhra Pradesh
Decided on: Aug-21-2002
Reported in: I(2003)ACC260; 2002(6)ALT400
ORDERG. Bikashapathy, J.1. This appeal is filed against the order, dated 24-11-1997 passed by the Railway Claims Tribunal, Secunderabad Bench in O.A.A.No. 21 of 1997.2. The appellant is the claimant, who laid a claim before the Tribunal, claiming compensation in respect of the death of his wife Smt. Geeta. It is the case of the appellant that himself and his wife Smt. Geeta were travelling from Bollaram to Dayanandnagar on 1-1-1997 by local train No. BS 16. The appellant and his wife boarded in two different compartments. When the train reached Ramakrishnapuram Railway Station, the wife of the appellant got down from the compartment in which she was sitting and tried to enter into the compartment in which the appellant was sitting. In the process of getting down from the compartment, she fell and came under the wheels of the train and died instantaneously. Therefore, the appellant laid a claim for compensation.3. The Tribunal found that the accident falls within the definition of 'unto...
P. Ramaswamy Vs. Union of India (Uoi)
Court: Andhra Pradesh
Decided on: Aug-21-2002
Reported in: II(2004)ACC231
G. Bikshapathy, J.1. This appeal is filed against the order, dated 24.11.1997 passed by the Railway Claims Tribunal, Secunderabad Bench in O.A.A. No. 21 of 1997.2. The appellant is the claimant, who laid a claim before the Tribunal, claiming compensation in respect of the death of his wife Geeta. It is the case of appellant that himself and his wife Geeta were travelling from Bollaram to Dayanandnagar on 1.1.1997 by the local train No BS 16. The appellant and his wife boarded in two different compartments. When the train reached Ramakrishnapuram Railway Station, the wife of the appellant got down from the compartment in which she was sitting and tried to enter into the compartment in which the appellant was sitting. In the process of getting down from the compartment, she fell and came under the wheels of the train and died instantaneously. Therefore, the appellant laid a claim for compensation.3. The Tribunal found that the accident falls within the definition of 'untoward incident', ...
P. Ramaswamy Vs. Union of India (Uoi) Represented by General Manager, ...
Court: Andhra Pradesh
Decided on: Aug-21-2002
Reported in: 2003ACJ1934
G. Bikshapathy, J.1. This appeal is filed against the order, dated 24.11.1997 passed by the Railway Claims Tribunal, Secunderabad Bench in O.A.A. No. 21 of 1997.2. The appellant is the claimant, who laid a claim before the Tribunal, claiming compensation in respect of the death of his wife Geeta. It is the case of appellant that himself and his wife Geeta were travelling from Bollaram to Dayanandnagar on 1.1.1997 by the local train No. BS 16. The appellant and his wife boarded in two different compartments. When the train reached Ramakrishnapuram Railway Station, the wife of the appellant got down from the compartment in which she was sitting and tried to enter into the compartment in which the appellant was sitting. In the process of getting down from the compartment, she fell and came under the wheels of the train and died instantaneously. Therefore, the appellant laid a claim for compensation.3. The Tribunal found that the accident falls within the definition of 'untoward incident',...
Syed Liaquat HussaIn Vs. Superintendent of Police and ors.
Court: Andhra Pradesh
Decided on: Aug-20-2002
Reported in: 2002(6)ALD145; 2002(5)ALT585; 2002(2)ALT(Cri)468
B.S.A. Swamy, J.1. The petitioner Syed Liaquat Hussain son of Syed Mohd. Yahiya filed this Writ of Habeas Corpus seeking custody of his minor boy aged about 5 months from his in-laws by contending that after the death of his wife he being the natural guardian of the son he is entitled to have the custody of the child. In support of his contention Mr. Md. Sherrif, the learned Counsel for the petitioner vehemently contended that the Court cannot pass any orders in contravention of the tenets of the Mohammedan Law and he placed strong reliance on Para 357 of the Mulla's Principles of Mohammedan Law which is an authenticated book on personal laws of the Muslims. It is necessary to extract para 357 of the book, which reads as under: 357. Right of father and paternal male relations to custody of boy over seven and of girl who has attained pouberty :-- The father is entitled to the custody of a boy over seven years of age (u) and of an unmarried girl who has attained puberty. Failing the fath...
Branch Manager, New India Assurance Co. Ltd. Vs. Vibudhi Durgaiah and ...
Court: Andhra Pradesh
Decided on: Aug-20-2002
Reported in: 2004ACJ1462; 2003(1)ALT72
V.V.S. Rao, J.1. The three civil miscellaneous appeals arise out of a common award/order dated 17.10.1996 passed by the Motor Accidents Claims Tribunal-cum-District Judge, Nalgonda (M.A.C.T.). New India Assurance Co. is the appellant. The insurance company is not aggrieved by the quantum of compensation. The appeals are filed questioning the finding of learned Tribunal holding that the appellant is liable to pay compensation to the respondents-claimants notwithstanding the fact that the claimants were owners of the goods travelling in a goods carriage which was insured with the appellant. The appellant is also not questioning the finding of the Tribunal that the accident occurred due to rash and negligent driving of the lorry involved in the accident which is owned by one B. Ashok Kumar, who is arrayed as a respondent in these appeals.2. On 17.9.1992, all the claimants-respondents were travelling in a lorry bearing No. ADQ 4000 along with the goods like cots, utensils, cycles, bed shee...
New India Assurance Co. Ltd. Vs. Vibudhi Durgaiah and ors.
Court: Andhra Pradesh
Decided on: Aug-20-2002
Reported in: III(2006)ACC606
V.V.S. Rao, J.1. The three civil miscellaneous appeals arise out of a common award/order dated 17.10.1996 passed by the Motor Accident Claims Tribunal-cum-District Judge, Nalgonda (M.A.C.T.). New India Assurance Co. is the appellant. The Insurance Company is not aggrieved by the quantum of compensation. The appeals are filed questioning the finding of learned Tribunal holding that the appellant is liable to pay compensation to the respondents-claimants notwithstanding the fact that the claimants were owners of the goods travelling in a goods carriage which was insured with the appellant. The appellant is also not questioning the finding of the Tribunal that the accident occurred due 10 rash and negligent driving of the lorry involved in the accident which is owned by one B. Ashok Kumar, who is arrayed as a respondent in these appeals.2. On 17.9.1992, all the claimants-respondents were travelling in a lorry bearing No. ADQ 4000 along with the goods like cots, utensils, cycles, bed sheet...
C. Rajanidhar and ors. Vs. Government of India and ors.
Court: Andhra Pradesh
Decided on: Aug-19-2002
Reported in: 2002(5)ALD459; 2003(1)ALT421
T. Meena Kumari, J.1. All these Writ Petitions have been filed by the students prosecuting M.B.B.S. course in Mamatha Medical College, Khammam. These writ Petitions have been filed to declare the action of the Government of Andhra Pradesh represented by its Secretary, Health, Medical and Family Welfare Department in not ensuring strict compliance of G.O. Ms. No. 320, Health, Medical and Family Welfare (El) Department dated 6-8-1998 and G.O. Ms. No. 611 dated 23-12-1998 insofar as the Mamatha Medical College, Khammam is concerned and permitting it to collect Rs.27,000/- per annum towards special fee as arbitrary, illegal, unjust and contrary to law and for consequential directions to the Government of Andhra Pradesh to ensure that the fourth respondent College should return the excess amount collected from the petitioners in the name of the special fee in terms of Circular dated 20-12-2000 and for such other orders.2. This Court admitted all these writ petitions in 2000 and 2001. While ...
Mr. A.G. Chandrasekhar Vs. Smt. Ramagiri Mahalaxmi
Court: Andhra Pradesh
Decided on: Aug-16-2002
Reported in: 2002(5)ALD573
1. This appeal is filed against the judgment and decree dated 29.11.2001 in A.S.No.434 of 2000 on the file of XII Additional Chief Judge (Fast Track Court), City Civil Court, Hyderabad, confirming the judgment dated 29.9.2000 in O.S.No.771 of 1992 on the file of 1st Senior Civil Judge, City Civil Court, Hyderabad. Defendant in the suit is the appellant. Plaintiff is the respondent in this appeal. 2. Necessary facts for the disposal of this appeal are as follows:The appellant is a tenant in possession of the plaint schedule property belonging to the respondent from 19.9.1983 onwards under an unregistered lease deed executed by him in favour of the respondent. Monthly rent agreed between the parties is Rs.1,100=00 per month. There is escalation in the monthly rent every year at the rate of Rs.50=00 per month. There is exchange of notices before suit between the parties. On 11.10.1991 the respondent issued a quit notice Ex.A.6 under Section 106 of Transfer of Property Act terminating the ...
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