Andhra Pradesh Court August 2002 Judgments
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United India Insurance Company Limited Vs. Shaik HusaIn and anr.
Court: Andhra Pradesh
Decided on: Aug-16-2002
Reported in: I(2003)ACC545; 2004ACJ958; 2002(5)ALD617
S. Ananda Reddy, J.1. This is an appeal by the Insurance Company aggrieved by the Award passed under the Workmen's Compensation Act, 1923 (hereinafter referred to 'the Act') in W.C. No. 1270/95 N.F., dated 16th October, 1997.For the sake of convenience, the parties are referred as arrayed before the lower authority.2. As per the application averments, the applicant, who is the 1st Respondent in the appeal, filed the application under Section 22 of the Act claiming a compensation of Rs. 1.20 lakhs together with interest at the rate of 24% per annum with costs and penalty for the personal injuries sustained by him during the course of his employment under the 1st Respondent before the lower authority. The Insurance Company i.e., the 2nd Respondent before the lower authority is the present appellant. It is stated in the application that the applicant was working as a cleaner-cum-worker on the jeep bearing No. AP25-T-481 under the 1st Respondent. He was being paid Rs. 1800/- per month as s...
Dasari Laxmi Vs. Union of India (Uoi)
Court: Andhra Pradesh
Decided on: Aug-16-2002
Reported in: 2004ACJ103; AIR2003AP56; 2002(5)ALD583
S. Ananda Reddy, J.1. This is an appeal filed by the applicant against the award passed by the Railway Claims Tribunal, Secunderabad Bench, Secunderabad in OAA No.8 of 1997, dated 16-10-1997 dismissing the claim.2. As per the averments of the application, on 9-10-1996 while the deceased Dasari Nageswara Rao was trying to Board Secunderabad-Palasa 'Visakha Express' at Yelamanchili Railway Station, he slipped and fell down from the train accidentally and sustained injuries. Subsequently, he died in the Government Hospital, Visakhapatnam. The applicant being the wife, who is a dependent on the deceased, made a claim for compensation of Rs. 2 lakhs in respect of the death of her husband.3. No written statement was filed by the Respondent Railways authorities.Thereafter, the Tribunal framed the issue whether the deceased was a bona fide passenger or not and thereafter recorded the evidence of both sides and decided the issue holding that the deceased was not a bona fide passenger as there i...
Syndicate Bank Vs. M. Venkatesu
Court: Andhra Pradesh
Decided on: Aug-16-2002
Reported in: 2003(1)ALT307; [2003]115CompCas110(AP)
ORDERP.S. Narayana, J.1. Syndicate Bank, Mudigubba, Anantapur District, the plaintiff in OS.No. 89 of 1987 on the file of the Subordinate Judge, Kadiri is the appellant and the respondent in the appeal is the defendant in the suit. This appeal is preferred questioning the rate of interest which had been granted by the trial Court. 'The parties are referred to as plaintiff and defendant for the purpose of convenience. The plaintiff filed the suit for recovery of a sum of Rs. 31,536.90/- ps inclusive of the interest at the rate of 20.5% per annum payable from 10-7-1978, the date of suit loan transaction to 26-6-1987, the date of the plaint, with future interest. The allegations in the plaint are as follows:'On 10-7-1978 the defendant who is a cloth merchant at Mudigubba and one Nagabhnshnam Setty approached the plaintiff-bank for creating an over-draft facility in the current account of the defendant with the plaintiff-bank up to a limit of Rs. 10,000/-and accordingly issued a letter of ...
Shivshakti Agencies Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Aug-16-2002
Reported in: 2002(2)ALD(Cri)332; 2002(5)ALT139; 2003CriLJ312
AR. Lakshmanan, C.J.1. Heard Mr. Habibullah Basha, learned senior Advocate appearing for the petitioner assisted by Mr. Srinivas Shankar and Mr. Ramesh Ranganadham, learned Additional Advocate General.2. The Writ Petition was filed by the petitioner Seeking a Writ of Certiorari calling for the records pertaining to the impugned G.O. Ms. No. 44 issued by the Health, Medical and Family Welfare (L1) Department, dated 19-2-2002 and G.O.Ms. No. 55 issued by the Health, Medical and Family Welfare (L1) Department, dated 27-2-2002 prohibiting sale of Pan Masala under any brand name with an emblem of 'Gutka' which contains Tobacco in the entire State of Andhra Pradesh, and to quash and set aside the impugned G.O.Ms. No. 44 issued by the Health, Medical and Family Welfare (L1) Department, dated 19-2-2002 and G.O.Ms. No. 55 issued by the Health, Medical and Family Welfare (L1) Department, dated 27-2-2002 after declaring the same as arbitrary, illegal and violative of petitioner's Fundamental Righ...
Public Prosecutor, High Court of A.P. Vs. Appareddy Madhava Reddy and ...
Court: Andhra Pradesh
Decided on: Aug-16-2002
Reported in: 2002(2)ALD(Cri)690; 2002(2)ALT(Cri)385; II(2003)DMC237
T. Ch. Surya Rao, J.1. The State through the Public Prosecutor has filed the present appeal assailing the order of acquittal passed by the learned Sessions Judge. Guntur, in Sessions Case No. 534 of 1993 by his judgment dated 19.7.1994.2. The gravamen of the charge against the accused was that Al and A2 being the husband and mother-in-law of the deceased-Sydamma used to harass her for getting the land registered by her father in her name, transferred to Al towards dowry and in consequence of that harassment, the deceased consumed insecticide at about 8.00 a.m. on 16.11.1992 and committed suicide within seven years of her marriage thereby they committed the offence punishable Under Section 304-B of the Indian Penal Code.3. In order to bring home the charge to the accused, the prosecution examined in all 12 witnesses. Of them, P.Ws. 1 to 3 are the main witnesses to speak about the harassment and cruelty. P.Ws. 5, 6, 7 and 8 have not supported the case of the prosecution. P.W. 4 was exami...
South Central Railway Employees Co-operative Credit Society Employees ...
Court: Andhra Pradesh
Decided on: Aug-14-2002
Reported in: 2002(5)ALD687
S.R. Nayak, J.1. This writ appeal is filed by the South Central RailwayEmployees Co-op. Credit Society Employees Union, the 5th respondent in the writ petition, assailing the correctness of the order of the learned single Judge dated 6-8-1996 made in WP No. 17756 of 1998. The above writ petition was filed by respondents 1 to 7 herein praying for a writ of Certiorari to quash the proceedings No. CC.5/14/Court/ Resn/1998 dated 12-6-1998 issued by the 4th respondent in the writ petition on the ground that the proceeding was issued in violation of Articles 14, 16 and 313 of the Constitution of India apart from being violative of principles of natural justice and for a consequential direction to the appellant herein to implement the earlier proceedings dated 1-4-1998 issued by the appellant itself.2. The facts of the case be noted briefly as under: The South Central Railway Employees Co-op. Credit Society (for short, the Society), the 4th respondent in the writ petition, which is 11th respo...
A.P. Gas Power Corporation Limited, Owner of Gas Turbo Power Station V ...
Court: Andhra Pradesh
Decided on: Aug-14-2002
Reported in: 2002(5)ALD481
S.R. Nayak, J.1. On remand of the proceedings by the Apex Court these three writ petitions are placed before us for hearing.2. The above writ petitions are filed by the petitioners assailing the assessment orders passed under the provisions of the Water (prevention and control of pollution) Cess Act, 1977 (for short the 'Act'). WP No.24554 of 1999 relates to the assessment for the period from 1-8-1990 to 31-1-1992 and from 1-2-1992 to 31-1-1999. The primary authority made assessment in respect of these two spells on 29-4-1999. WP No.8023 of 2001 relates to the assessment for the period from 1-2-1999 to 30-9-1999 and the order of the assessing authority is dated 6-9-2000. WP No.8101 of 2001 relates to the assessment for the period from 1-10-1999 to 31-8-2000 and the date of assessment order is 26-12-2000. In other words these three writ petitions are filed assailing the assessment for the period from 1-8-1990 to 31-8-2000 as affirmed by the appellate authority under Section 13 of the Ac...
Sk. Dastagiri Vs. District Judge and anr.
Court: Andhra Pradesh
Decided on: Aug-14-2002
Reported in: 2002(5)ALT591
ORDERAR. Lakshmanan, C.J.1. This writ petition is filed for the following relief:.......to issue a writ, order or direction especially one in the nature of writ of mandamus declaring that revised notification No. 1/02 dated 29-1-2002 is illegal and further declare that petitioner is entitled to be considered for the post for which he applied in pursuance of the original notification bearing No. 1/02 dated 3-1-2002 and pass such order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.2. By the notification No. 1/2002, dated 29-1-2002 (sic. 3-1-2002) the eligibility criterion prescribed with respect to age of a candidate was that he must have completed 18 years as on 1-7-2001 and must not have completed 34 years as on 1-7-2001. Relaxation of 5 years in age was provided in respect of candidates belonging to Scheduled Castes, Scheduled Tribes and Backward Classes. According to the petitioner, the respondents have no authority to modify the said notifi...
Sri Sai Educational Society and anr. Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Aug-13-2002
Reported in: 2002(5)ALD239; 2003(2)ALT88
ORDERA. Gopal Reddy, J. 1. Heard the learned Counsel for the petitioners as well as learned Government Pleader for Higher Education on behalf of respondents. 2. Rule Nisi. 3. As the issue involved in both the writ petitions and the subject-matter of the dispute is one and the same, it is felt expedient and convenient to dispose of both the writ petitions by this common order. 4. The 1st petitioner in both the writ petitions is the society registered under the A.P. (Telangana Area) Public Societies Registration Act and established Junior Colleges and imparting education in Nalgonda District since from 1993-94 onwards. The 4th respondent granted provisional permission/provisional affiliation to the 2nd petitioner in W.P.No. 11526 of 2002 by order dated 17-11-1993. Similarly, the 2nd petitioner in W.P.No. 11531 of 2002 was granted provisional permission/ affiliation by the 4th respondent by proceedings dated 16-12-1994. It is stated that the 2nd respondent-college in W.P.No. 11526 of 2002...
K. Srinivas Rao Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Aug-13-2002
Reported in: 2002(5)ALD393; 2004(4)ALT660
ORDERL. Narasimha Reddy, J.1. This case illustrates as to how public interest litigations pursued in half-hearted manner would scuttle the democratic Process.2. Pulluru is a Gram Panchayat in Krishna District. It comprised of village of Pulluru proper and several hamlets, such as, Laxminagarapuram, Kothagudem and Kothamangapuram. Before the General Elections for the Gram Panchayat held in 1995, proposals were initiated for bifurcating the Pulluru Gram Panchayat and for constituting a new Gram Panchayat for Kothamangapuram. A notice to that effect was issued on 24-4-1995 by the District Collector, the 2nd respondent herein. Pulluru Gram Panchayat had agreed for the proposal and passed resolution to that effect. On the basis of this resolution and in the absence of any objection, the 2nd respondent issued final notice dated 12-5-1995 forming the Kothamangapuram Gram Panchayat, through proceedings dated 4594/94/Panchayats-8, dated 12-5-1995.3. Two residents of the village filed WP No. 109...
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