Andhra Pradesh Court January 2003 Judgments

Excise Superitnendent Vs. Kundena Bhagyamma and ors.

Court: Andhra Pradesh

Reported in: I(2004)ACC499; 2003(4)ALT588

ORDERP.S. Narayana, J.1. Heard the Government Pleader for Land Ceiling representing the appellants and Sri K. Narasimhachari representing the first respondent-claimant. 2. The appeal is filed by the Excise Superintendent, Mahaboobnagar, against the order of the Commissioner for Workmen's Compensation passed in Case No. WC/356/1996(F) dated 4-5-1998 under Section 32 of the Workmen's Compensation Act, 1963, herein after referred to as 'the Act' in short for convenience. This C.M.A was filed on 26-10-1998. It is not in dispute that the deposit of amount was not made at the time of instituting the appeal and the certificate by the Commissioner to the effect that the appellant has deposited the suit amount also had not been enclosed along with the appeal. As can be seen from the record, the C.M.A came up for admission and was admitted on 2-2-1999. No doubt, the learned counsel representing the Government had explained certain circumstances under which the mistake occurred. But, the fact rem...

The General Manager, Apsrtc Vs. Smt. Lakshmi and ors.

Court: Andhra Pradesh

Reported in: 2004ACJ2109; 2003(3)ALT267

Dubagunta Subrahmanyam, J.1. This appeal is filed against the award dated 1-3-1996 in O.P. No. 1219 of 1992 on the file of the Motor Accidents Claims Tribunal - cum - Additional Chief Judge - cum - Principal Special Judge for SPE & ACB Cases, City Civil Court, Hyderabad. The A.P.S.R.T.C., filed this appeal.2. On 31-8-1992 at about 9.45 p.m., R.T.C., bus bearing registration No. AP-9-Z-2300, was proceeding from Hyderabad to Guntur. When the bus crossed Nalgonda Cross-roads in the city and proceeding forward towards Dilsukhnagar, an ambassador car bearing No. AAY 2054, came in the opposite direction. Deceased S. Raju and some others were travelling in the ambassador car. There was collusion between R.T.C., bus and ambassador car. Raju sustained injuries in the accident. He was shifted to Osmonia General Hospital. Later he succumbed to injuries while undergoing treatment in the hospital. His wife and other dependants filed the claim application seeking a total compensation of Rs.2,00,000/...

Karri Krishnaveni Vs. Batchu Nookaraju Reddi

Court: Andhra Pradesh

Reported in: 2003(2)ALD769; 2003(2)ALT655

ORDERR. Subhash Reddy, J.1. This Revision Petition by the landlady, is filed under Section 22 of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 against the judgment and decree passed in R.C.A. No. 7 of 1998, dated 25-9-2000 on the file of the Rent Control Authority-cum-Principal Senior Civil. Judge, Kakinada, allowing the appeal filed by the tenant, reversing the judgment and decree passed in R.C.C. No. 32 of 1991, dated 9-2-1998 on the file of the Rent Controller-cum-Principal Junior Civil Judge, Kakinada.2. The petitioner-landlady is the owner of the house bearing D. No. 20-13-6, Mosque Street, Kakinada and the respondent herein is the tenant in one of the shops, carrying radio repair business paying rent of Rs. 145/- per month. It is the case of the landlady that monthly rent is Rs. 145/-, but the respondent agreed for theenhancement of rent to Rs. 450/- per month from 1-7-1991. It is her case that in spite of agreement of rent at Rs. 450/- per month from 1-7-1991, ...

Lao Vs. Jadala Anand and ors.

Court: Andhra Pradesh

Reported in: 2003(3)ALD374

B.S.A. Swamy, J.1. CMP Nos. 22950, 22953 and 22956 have been filed to condone the delay, CMP Nos. 22951, 22954 and 22957 have been filed to set aside the abatement and CMP Nos. 22952, 22955 and 22958 have been filed to bring the legal representatives of the deceased respondents on record.2. By issuing notification under Section 4(1) of the Land Acquisition Act, an extent of Ac.3.29 guntas of land belonging to the respondents was acquired for construction of RTC Bus Stand. Thereafter, the Land Acquisition Officer completed award enquiry on 27-5-1980 and fixed the compensation payable to the land losers, at the rate of Rs. 35/- per square yard and deducted 1/3rd of the amount for development of the land. With the result, a compensation of Rs. 23.22 Ps. per square yard was awarded. Aggrieved by the said award, the land losers sought for a reference under Section 18 of the Land Acquisition Act and the learned Senior Civil Judge, Nalgonda, by his award dated 10th December, 1982 enhanced the...

Commissioner of Income-tax Vs. B. Narasimha Rao

Court: Andhra Pradesh

Reported in: 2003(4)ALT244; (2003)185CTR(AP)219; [2003]263ITR62(AP)

B. Sudershan Reddy, J.1. The Commissioner of Income-tax, Andhra Pradesh-I, Hyderabad, required the Income-tax Appellate Tribunal, Hyderabad Bench 'A', to refer the following common question, said to be a question of law arising out of the Tribunal's order dated April 9, 1991, in I. T. A. Nos. 194 to 202/Hyd of 1988, for the opinion of this court :'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in law/in holding that the share income of the assessee's minor children was assessable in the firm under Section 182(3) of the Income-tax Act and that it could not be included in the hands of the non-resident assessee in his individual assessment under Section 64(1)(iii) of the Act ?'2. Master Rajesh Kumar and Master Kartik Kumar, minor sons of B. Narasimha Rao, have been admitted to the benefits of partnership in the firm of B. Rajesh and Company, Hyderabad. The said B. Narasimha Rao and his two minor children were, at the relevant ti...

Food Inspector Vs. N. Chandraiah

Court: Andhra Pradesh

Reported in: 2003(1)ALD(Cri)668; 2003(1)ALT(Cri)499; 2003CriLJ4416

G. Yethirajulu, J.1. This is an appeal preferred by the State represented by the District Food Inspector, Nizamabad against the judgment dated 16-8-1996 of the learned Sessions Judge, Nizamabad in Criminal Appeal No. 37 of 1995 acquitting the accused for the offence under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, reversing the conviction given by the Judicial First Class Magistrate, Kamareddy in C. C.No. 204 of 1986, dated 28-4-1995 for the offence under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act') and sentencing him to undergo simple imprisonment for six months and to pay a fine of Rs. 1,000/-, in default to suffer simple imprisonment for six months.2. The case of the prosecution is briefly as follows:The accused is running a kirana shop at Kamareddy. P.W. 1, the then Food Inspector, visited the shop of the accused on 31-12-1985 at about 2.45 p.m. and found the accused conducting the business in...

General Manager (Managing Director), A.P.S.R.T.C. Vs. Laxmi Bai and or ...

Court: Andhra Pradesh

Reported in: III(2003)ACC559

Dubagunta Subrahmanyam, J.1. This appeal is filed against the award dated 1st January, 1996 in O.P. No. 1219 of 1992 on the file of the Motor Accident Claims Tribunal-cum-Additional Chief Judge-cum-Principal Special Judge for SPE and ACB Cases, City Civil Court, Hyderabad. The A.P.S.R.T.C. filed this appeal.2. On 31st August, 1992 at about 9.45 p.m., R.T.C. bus bearing registration No. AP-9-Z-2300, was proceeding from Hyderabad to Guntur. When the bus crossed Nalgonda Cross-roads in the city and proceeding forward towards Dilsukhnagar, an Ambassador car bearing No. AAY 2054, came in the opposite direction. Deceased S. Raju and some others were travelling in the Ambassador car. There was collusion between R.T.C. bus and Ambassador car. Raju sustained injuries in the accident. He was shifted to Osmania General Hospital. Later he succumbed to injuries while undergoing treatment in the hospital. His wife and other dependants filed the claim application seeking a total compensation of Rs. 2...

instruments Orthopaedics Vs. P. Goverdhan Reddy

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Dr. (Mrs.) Mamata Lakshmanna, Member: 1. This appeal is filed by opposite party No. 1 (C.D. No. 1433/1993, District Forum, Hyderabad) C.D. No. 178/1997 on the file of District Forum, Rangareddy District. 2. The complainant, who is a lecturer, in Government College met with an accident and was admitted in Vijaya Hospital, Dilsukhnagar, Hyderabad. He was treated by Dr. Ramu, Orthopaedic Surgeon who after X-ray advised an operation for which the complainant purchased nail and plate from opposite party No. 2 on 21.1.1993 for Rs. 805.45 from sales executive of opposite party No. 1. The surgery was performed on 21.1.1993, nail and plate were fixed and he was advised to take bed rest for three months but within a week, he developed severe pain in the fractured leg and Dr. Ramu advised him to take another X-ray. The problem was diagnosed as loose nail, hence he was operated again on 23.2.1993 at Apex Hospital, Malakpet by the same doctor and the screw was tightened. However, he developed sever...

J. Gopal Vs. Nagarjuna Blood Bank

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

P. Ramakrishnam Raju, President: 1. The complainants son Master Akshay aged about 11 months was admitted in the 2nd opposite party hospital for complaint of loose motions. After treatment he was discharged on 13.8.1997. Again on 31.8.1997 the boy was admitted for complaint of fever and cough. He was under the treatment of Dr. P. Madan Mohan Rao of opposite party No. 2 hospital who diagnosed the disease allergic breathlessness and anaemic. Since the body was anaemic the doctor advised blood transfusion and accordingly as per the advise of the said doctor the complainant approached opposite party No. 1 Blood Bank on 1.9.1997 along with donor Mr. J. Narsing Rao. Opposite party No. 1 after conducting necessary tests informed that the blood of the donor is suitable to the patient and that the blood was good and accordingly issued a Donor Card wherein it was clearly mentioned that H.I.V. I and II Negative. Accordingly opposite party No. 1 Blood Bank collected the blood from the donor, receiv...

M. Suryanarayana and Others Vs. Shakuntalamma and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

P. Ramakrishnam Raju, President: 1. The case of the complainant is that the first opposite party who is the owner of the premises bearing No. 2-2-1167/8/14, situated at Tilak Nagar, Hyderabad admeasuring 650 sq. yards entered into a development agreement with the second opposite party, the builders on 26.8.1992, according to which the second opposite party agreed to construct stilt plus three floors making in all 12 flats with a total constructed area of 10,250 sq. ft. and transfer 40% of the constructed area in favour of the first opposite party. The first opposite party empowered and authorised the second opposite party to enter into agreements with third parties in respect of the remaining share of constructed area. 2. The opposite parties 3 and 4 are partners of second opposite party. The fourth opposite party approached the complainant to purchase flats under construction. Accordingly the complainant agreed to purchase flat No. 304A on 1.5.1993. The total consideration payable for...