Andhra Pradesh Court December 2003 Judgments
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United India Insurance Co. Ltd. Vs. K. Anjaiah and ors.
Court: Andhra Pradesh
Decided on: Dec-08-2003
Reported in: 2004(4)ALD444
Ghulam Mohammed, J.1. This appeal is filed by the insurance company. OP No. 109 of 1999 was filed by the claimants-respondents herein under Section 166 of the Motor Vehicles Act seeking compensation of Rs. 2,50,000/-on account of the injuries sustained by Yadaiah in the motor accident that occurred on 31-12-1998.2. The case of the claimants before the Tribunal was that on 31-12-1998 when the injured claimant (since deceased) along with two persons was going to Vanampally village on a scooter bearing registration No. AP 11B 2488 and when they reached near Ibiza Factory near Sadasivpet, a lorry bearing registration No. ATT 1536 came in the opposite direction with a load of fodder in high speed and dashed the scooter due to the impact of which he Fell down from the scooter and received grievous injuries. It is further stated that on account of the accident he was in the hospital at Sangareddy from 6-2-1998 to 23-2-1999 and ultimately died during the course of the trial of the OP. Thus the...
Telangana Rashtra Samithi, Rep. by Its General Secretary Vs. Election ...
Court: Andhra Pradesh
Decided on: Dec-08-2003
Reported in: 2004(1)ALT382
ORDERB. Sudershan Reddy, J.1. The petitioner-Telangana Rashtra Samithi invokes the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus declaring the action of the Election Commission of India in not allotting exclusive symbol to the petitioner-party as illegal and arbitrary, and, a consequential direction has been sought for allotment and reservation of an exclusive election symbol to the petitioner-party in order to enable it to contest in the ensuing Assembly as well as Parliament elections.2. The abridged factual matrix on which the validity of the impugned order dated 10-2-2003 has been questioned in the writ petition may be broadly indicated as follows:The Telangana Rashtra Samithi was formed in the State of Andhra Pradesh as a political party. Telangana Region in the State of Andhra Pradesh comprises of ten districts of Ranga Reddy, Hyderabad, Medak, Nizamabad. Nalgonda, Mahabubnagar, Warangal, Khammam...
Veluguri Vijaya Venkata Lakshmi Narayana Vs. Athukuri Nageshwara Rao
Court: Andhra Pradesh
Decided on: Dec-05-2003
Reported in: AIR2004AP192
ORDERP.S. Narayana, J.1. Heard Sri Chinnapa Reddy, the counsel representing the revision petitioner and Sri G. C. Shekar, the counsel representing the respondent.2. Elaborate submissions were made relating to the scope and ambit of Order 16, Rule 14 of the Code of Civil Procedure (hereinafter referred to in short as 'the Code'). The revision petitioner had preferred the present Civil Revision Petition as against an order dated 17-3-2003 made in L.A. No. 338 of 2003 in O.S. No. 203 of 2000 on the file of the Principal Junior Civil Judge, Sattenapalli. The said application was moved by the respondent herein-defendant in the suit, under Order 16, Rule 14 read with Section 151 of the Code, to summon witnesses and examine them as Court witnesses in the suit and pass suitable orders. The learned Principal Junior Civil Judge, Sattenapalli, after recording certain reasons ultimately allowed the application holding that no prejudice or loss would be caused to the respondent-plaintiff in the sai...
State Bank of India, Vizianagaram Branch Vs. Siri Poultry Complex, Pad ...
Court: Andhra Pradesh
Decided on: Dec-05-2003
Reported in: 2004(5)ALD54; 2004(5)ALT138; III(2005)BC185
ORDERB. Sudershan Reddy, J.1. This civil revision petition is filed under Article 227 of the Constitution of India by the State Bank of India, Vizianagram Branch, Vizianagaram with a prayer to withdraw OS No. 34 of 2003 on the file of the learned IV Additional District Judge Visakhapatnam, filed by the Respondents 1 to 3 herein, and transfer the same for its enquiry and trial along with OS No. 132 of 2002 (Old OA. No. 376 of 2000), on the file of the Debts Recovery Tribunal, Visakhapatnam (for short 'the Tribunal').2. In order to consider as to whether such a relief could be granted, it may be just and necessary to notice a few relevant facts leading to filing of this civil revision petition.3. The first respondent herein is alleged to have availed the agricultural term loan of Rs. 60.00 lakhs to establish a poultry layer unit of 40,000 layer birds at Gaddapeta Village, Padmanabham Mandal, Visakhapatnam from the petitioner-Bank after executing the required security documents on 11-6-19...
Elchuri Thulisamma Vs. Elchuri Samrajyam and ors.
Court: Andhra Pradesh
Decided on: Dec-05-2003
Reported in: 2004(2)ALT586
ORDERP.S. Narayana, J.1. Elchuri Thulisamma, the Revision petitioner herein is the 1st respondent in I.A.No. 1477/2001 in E.O.P.No. 7/2001 on the file of Election Tribunal/Principal Junior Civil Judge, Addanki and the petitioner in the main Election O.P.No.7/2001. The 1st respondent herein who is the 1st respondent in the E.O.P. aforesaid, Elchuri Samarajyam, filed I.A.No. 1477/2001 and I.A .No. 1478/2001 praying for striking off the pleadings in paras 3 (b) to 3(f) of the Election petition under Order 6 Rule 16 r/w. Section 151 of the Code of Civil Procedure, hereinafter in short referred to as 'Code', on the ground that the allegations are vague, untenable and devoid of particulars, and also filed yet another application under Order 7 Rule 17 (section 11) r/w. Section 151 of the Code, read along with Rule 5(ii) of the A.P. Panchayat Raj (Election Tribunals in respect of Gram Panchayats, Mandal Parishads and Zilla Parishads) Rules, 1995, hereinafter referred to as 'Rules' in short, to...
B. Laxmi Vs. Assistant Divisional Engineer (Op), Northern Power Distri ...
Court: Andhra Pradesh
Decided on: Dec-04-2003
Reported in: 2004(1)ALD546
ORDERV.V.S. Rao, J.1. The petitioner is availing power supply from Northern Power Distribution Company under Category-II with service connection No. 4511. Her premises was inspected by the 1st respondent on 25.11.2003. It was found that bare copper wire was connected from incoming terminal to outgoing terminal in the meter and that the meter box seal and MRT seals are in tampered condition and therefore the 1st respondent came to the conclusion that the petitioner indulged in theft of energy. Accordingly, he provisionally assessed the value of the energy pilfered at Rs. 68,445/- and disconnected the power supply and issued the impugned provisional assessment notice dated 29.11.2003 advising the petitioner to pay an amount of Rs. 68,445/- being the value of the pilfered energy and other incidental charges if she desires to obtain restoration of power supply. This is assailed in the writ petition.2. Sri B. Papa Rao, the learned advocate representing the Counsel for the petitioner Sri J. ...
Deccan Lime Stone Mining Company (P) Ltd. Vs. Assistant Director of Mi ...
Court: Andhra Pradesh
Decided on: Dec-04-2003
Reported in: 2004(1)ALD265
ORDERL. Narasimha Reddy, J.1. Petitioner was granted a Mining Lease for quarrying limestone, in an area of 46.00 acres in Madhavaram Reserve Forest, Dhone Mandal, Kurnool District. The royalty payable on it is fixed under Schedule-II of the Mines and Minerals (Regulation and Development) Act (herein after referred to as 'the Act'), at Rs. 25/- per Metric Ton, since revised to Rs. 32 - per Metric Ton, if the Silica content in it is more than 1.5% and Rs. 50/- per Metric Ton, if the Silica is less than 1.5%. It had quarried various quantities of limestone from time to time and paid royalty at the rate of Rs. 25- or Rs. 32/- per Metric Ton, as the case may be. On being issued the necessary transport permits, it supplied the mineral to its customers.2. Petitioner was issued letter dated 11-7-1997 by the Assistant Director of Mines and Geology-the first respondent, wherein it was stated that certain samples were taken from the quantities excavated and permitted to be transported between 7-1...
Godavari Polymers Pvt. Ltd. Vs. Agricultural Products Commissioner and ...
Court: Andhra Pradesh
Decided on: Dec-04-2003
Reported in: 2004(1)ALD783; 2004(5)ALT599; 2005(1)CTLJ535(AP)
ORDERV.V.S. Rao, J. Prologue 1. The Government of Andhra Pradesh (GoAP), so as to increase irrigation efficiency with available water has mooted A.P. Micro Irrigation Project (APMIP). The project envisages to bring a huge extent of agricultural land under micro irrigation. So as to encourage the farmers to shift from surface method of irrigation to micro irrigation, GoAP took a policy decision to give fifty per cent subsidy to farmers who invest in micro irrigation equipment by taking a bank loan arranged by the Department of Horticulture. Identification of the land to be brought under particular technology of micro irrigation and modus operandi were worked out. As a first step, the Government identified seven manufacturers and suppliers willing to supply micro irrigation system (MIS) with performance guarantee and agronomic extension service to the farmers. The petitioners also expressed interest to participate in APMIP. The petitioners were not included in the panel of shortlisted ma...
S. Sudarshan and anr. Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Dec-04-2003
Reported in: 2004(3)ALD158; 2004(2)ALT185
G. Bikshapathy, J. 1. All these writ petitions can be disposed of by a common order as they are directed against the same order of the A.P. Administrative Tribunal, Hyderabad (for short, the Tribunal) in O.A. No. 7069 of 1996 dated 30-7-1997.2. The case has a chequered career. The unofficial respondent in W.P.No. 29775 of 1997, Mr. A.S.N. Murthy, has been agitating for more than a decade with regard to his promotion and other consequential benefits. However, we need not go into all those details and suffice it to refer to the following relevant facts. He filed O.A. No. 7069 of 1996 claiming the following numerous reliefs:(i) to declare the retrospective seniority granted without eligibility to the Respondents 5 and 6 in the Deputy Tahsildar category with effect from 7-6-1982 and consequential promotions issued thereon to the categories of Tahsildar and further to District Supply Officer as illegal, arbitrary, null and void;(ii) to replace all unqualified Respondents 6, 7, 8, 9 and 10 c...
Rohini Bai (Died) by Lrs. Vs. Shah Babulal Ramanlal and Co. and ors.
Court: Andhra Pradesh
Decided on: Dec-04-2003
Reported in: 2004(3)ALD182; 2004(2)ALT655; III(2004)BC559
Bilal Nazki, J.1. Heard the learned Counsel for the appellants and Sri Vedula Srinivas learned Advocate. As none appeared for' the defendants, Sri Vedula Srinivas, was appointed as Amicus Curiae to assist the Court.2. During the pendency of this appeal, the 1st appellant-plaintiff, Smt. Rohini Bai, died and accordingly her legal representatives were brought on record as Appellants 2 to 5. Originally the said Rohini Bai, filed O.S. No. 47/79 on the file of the Subordinate Judge, Vijayawada, for recovery of money on the strength of two promissory notes dated 25.2.1977 and 26.2.1977. In the written statement filed by the defendants, they took a plea that the promissory notes are insufficiently stamped. Thereafter the plaint was amended and in addition to the two promissory notes, the books of accounts maintained in the normal course of business by the plaintiff were also pressed into service. Issues were framed by the Trial Court and evidenced was led and the suit was dismissed. The Trial...
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