Andhra Pradesh Court February 2003 Judgments

Chalamuri Veeranna and ors. Vs. Chalamuri Satyanarayana and ors.

Court: Andhra Pradesh

Reported in: 2003(6)ALD635; 2003(6)ALT381

ORDERP.S. Narayana, J.1. The unsuccessful defendant-appellants have preferred this second appeal as against the judgment and decree made in A.S.10 of 1988 on the file of the Subordinate Judge, Tanuku confirming the judgment and decree made in O.S. No. 299 of 1980 on the file of the Principal District Munsif, Tanuku.2. The first respondent is the plaintiff in the suit. The other respondents were added as party respondents by an order of this Court on 17.1.1997 in C.M.P. No. 19701 of 1996. These parties filed the said application under Order 1 Rule 10 r/w Section 151 C.P.C. praying for the relief that they should be added as party respondents as they are entitled to 1/11th share in the joint family properties and in the absence of they being added as parties, they would be deprived of their legitimate shares and the parties to the litigation appear to have obtained a collusive decree. 3. Originally, the suit was instituted by the plaintiff for the relief of permanent injunction. But subs...

R.V.S. Vara Prasad and ors. Vs. Dr. V. Ramdas

Court: Andhra Pradesh

Reported in: 2003(3)ALD566; 2003(3)ALT716

G. Yethirajulu, J.1. This appeal is directed against the judgment of the Senior Civil Judge, Sangareddy dated 29-6-2001 in O.S.No. 31 of 1982 preferred by the plaintiffs. 2. The respondent herein is the defendant in the suit. The sole plaintiff filed the suit for declaration of title and possession of suit schedule land of an extent of Ac.1-27 guntas situated in S.No. 204/2 at Ramachandrapuram Village, Sangareddy Mandal more fully described in the schedule. Plaintiffs 2 to 5 were brought on record on account of the death of the sole plaintiff. 3. The averments of the plaint in brief are as follows: 4. The plaintiff is the owner of an extent of Ac.5-00 in S.No. 204/2 and Ac.2-08 gts. in S.No. 204/3 comprising the total extent of Ac.7-08 gts. at Ramachandrapuram Village, Sangareddy Mandal, Medak District. He purchased those lands under two registered sale deeds dated 4-11-1963 and 26-5-1966 from B. Viswanadham, Masetti Sivaiah, Gollapatti Ramireddy and Basupalli Krishna Reddy. Subsequent...

M. Krishna Murthy Vs. M. Anantharam and anr.

Court: Andhra Pradesh

Reported in: 2003(4)ALD123

G. Bikshapathy, J.1. Both the appeals can be decided by a common judgment as they arise out of a common judgment and decree of the lower Court in OS No. 417 of 1991.2. The facts and the events leading to the filing of the appeals is narrated hereinafter.3. The parties as arrayed in the suit are referred to in this judgment for the sake of convenience.4. The plaintiff laid a suit OS No. 417 of 1991 seeking specific performance of Agreement of Sale dated 12-3-1990 and Memorandum of Understanding dated 12-4-1990 and for direction to the defendants No. 1 and 2 to execute the registered sale deed in favour of the plaintiff. He also sought for the relief of possession and for consequential injunction restraining the defendant No. 1 from interfering with the suit schedule property.5. As per the averments made in the plaint one Smt. Mathuri Hymavathi, wife of Ranga Rao was the absolute owner of the premises of the House bearing No. 3-6-539/ 1, Himayathnagar, Hyderabad admeasuring 313 sq.yds. T...

Devarkonda Ramesh Vs. the State of A.P.

Court: Andhra Pradesh

Reported in: 2003(1)ALD(Cri)803; 2003CriLJ2797

ORDERDalava Subrahmanyam, J. 1. The revision petitioner accused filed the revision against the judgment, of conviction and sentence in C.C. No. 13 of 1994 dated 24-9-1998 on the file of the Judicial I Class Magistrate, Luxettipet in convicting him for an offence under Sections 7(i), 2(ia) (m) r/w. 16(1)(a)(i) PFA No. 1954 and sentencing him to suffer R.I. for 6 months and to pay a fine of Rs. 1,000/- in default, suffer S.I. for 15 days, which was confirmed in Criminal Appeal No. 109 of 1998 on the file of the Additional Sessions Judge, Adilabad.2. The brief facts of the case are as follows:The Food Inspector on 13-5-1993 at about 4.45 p.m. along with his staff inspected the shop of the revision petitioner-accused and took samples of Mirchi powder, which was meant for sale for human consumption. The Food Inspector suspected the same to be adulterated, collected the sample of Food and sent one of the samples to the public analyst who opined that the said food article was adulterated and ...

Life Insurance Corporation of India Vs. V. Babu Naidu

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

C.P. Suresh, Member: 1. The unsuccessful opposite party in CDC No. 190/1996 on the file of the District Forum, Chittoor, is the appellant before this Commission. 2. The facts in brief are that the complainant who was working as a driver in the A.P.S.R.T.C. Chittoor Depot obtained a policy for Rs. 1,00,000/- from the opposite party under the Salary Saving Scheme commencing from 19.2.1990. On 17.10.1994 at about 3.30 a.m. while the complainant was driving the APSRTC bus on Kurnool-Hyderabad route, near Shadnagar met with an accident, as a result of which his right leg was amputated in the Nizams Institute of Medical Sciences, Hyderabad. As per the terms of the policy, the opposite party is liable to pay the benefits to the complainant, who suffered permanent disability. The complainant demanded the opposite party to settle the claim, but the claim was repudiated and hence he approached the District Forum. 3. The opposite party filed its written version admitting that the complainant was ...

Dr. B. Ashok Kumar Vs. Kamma Narasimha Swamy

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

C.P. Suresh, Member: 1. The unsuccessful first opposite party in O.P. No. 639/1994 on the file of the District Forum, East Godavari at Kakinada, is the appellant before this Commission. 2. The facts in brief are, the complainant on the assurance and the undertaking given by the first opposite party that the disease Elephantiasis can be cured by surgery, joined the hospital of the first opposite party on 18.9.1992, was operated upon by the second opposite party on 20.9.1992, and was discharged on 5.10.1992 by incurring an expenditure of Rs. 11,090/-. Even after the operation there is no improvement. The complainant was advised to go to Bombay for further treatment, if he really wants the disease to be cured. The first opposite party has thus misled the complainant, made him to join the hospital and undergo surgery and ultimately advised him to go to Bombay which amounts to gross negligence and deficiency in service. The complainant is frequently getting pain and suffering from side effe...

Life Insurance Corporation of India Vs. Mrs. Singampalli Varalakshmi

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

C.P. Suresh, Member: 1. The unsuccessful opposite parties in O.P. No. 163/1995 on the file of the District Forum, Visakhapatnam, are the appellants before this Commission. 2. The facts in brief are the complainants husband late S. Appalanaidu has insured his life with the second opposite party on 28.3.1993, for Rs. 25,000/- and obtained the policy. He died on 17.7.1993 at 7.20 a.m. due to throat cancer in Uttarapalli village. The claim preferred by the complainant was repudiated by the opposite parties. 3. The opposite parties filed their written version admitting that the deceased has insured his life, but pleaded that the deceased has availed sick leave on different dates during 1991-92 and 1993 and a few days before submission of the insurance proposal he was admitted in the T.B. Hospital at Hyderabad and took treatment from 13.3.1993 to 27.3.1993 for Bronchoigenic Carcinoma and he was also suffering from Oesophageal Cancer and, therefore, they have repudiated the policy. 4. Basing ...

Rupavath Mothi Ram Vs. State of Andhra Pradesh, Rep. by Public Prosecu ...

Court: Andhra Pradesh

Reported in: 2003(1)ALD(Cri)909; 2003(1)ALT(Cri)376; 2003(1)ALT(Cri)405

ORDERL. Narasimha Reddy, J.1. This revision is filed by the sole accused in Sessions Case No. 303 of 1996 on the file of the Principal Assistant Sessions Judge, Narasaraopet. He was tried for offence punishable under Sections 376 of the Indian Penal Code. The trial court through its judgment dated 6-1-1998 found the revision petitioner-accused guilty of the said offence and sentenced him to undergo rigorous imprisonment for seven years and to pay a fine of Rs.1,000/- in default to undergo simple imprisonment for six months. Aggrieved thereby, the accused preferred Criminal Appeal No. 15 of 1998 on the file of the III Additional Sessions Judge, Guntur. The lower appellate court through its judgment dated 25-4-2000 dismissed the appeal and confirmed the conviction and sentence passed by the trial court against the accused. Hence this criminal revision case.2. Sri K. Suresh Reddy learned counsel for the petitioner-accused submits that initially the charge against the accused was one under...

R. Venugopal Vs. State Bank of India, Rep. by Its Chief General Manage ...

Court: Andhra Pradesh

Reported in: 2003(6)ALD70; 2003(3)ALT518

ORDERGhulam Mohammed, J.1. This writ petition is filed seeking to issue a writ, more particularly one in the nature of writ of mandamus declaring the action of the respondent-State Bank of India, Local Head Office, Bank Street, Hyderabad, (for short, 'the Bank') in disqualifying the petitioner for appointment to the post of Messenger on the ground of possessing higher educational qualification as discriminatory and violative of Article 14 and 16 of the Constitution and consequently direct the Bank to absorb the petitioner as Sub-staff in the Bank.2. The case of the petitioner is that he worked as Messenger in the Bank for a period of 45 days on different days between 19-1-1987 to 31-12-1987 and a certificate to that effect was issued by the Branch Manager, State of Bank of India, Challagarige, and also worked on different dates till 27-1-1989. It is stated that the Bank has issued a notification to fill-up the vacancies including the post of Messenger on permanent basis, and in respons...

Pennar Steel Limited Vs. Ansari and anr.

Court: Andhra Pradesh

Reported in: 2003(2)ALD(Cri)64; 2003(2)ALT(Cri)246; I(2004)BC11

Gopala Krishna Tamada, J.1. This appeal is filed by the complainant in C.C No. 1495 of 1996 against the order dated 23.6.1998 passed by the learned XI Metropolitan Magistrate, Secunderabad in Crl. M.P No. 2166 of 1998 wherein he dismissed the complaint holding that the complaint is barred by limitation.2. The facts that led to the filing of the complaint are as follows:The 1st respondent herein issued a cheque in favour of the appellant/complainant and when the same was presented by the complainant in the bank, it was dishonored. Thereafter, after following the procedure as contemplated under Section 138 of the Act i.e. by serving a legal notice on the accused on 9.7.1996, he filed the complaint on 23.8.1996 which was numbered as C.C No. 1495 of 1996. The learned Magistrate dismissed the same in the impugned order on the ground that the complaint is barred by limitation.3. Though the respondent received the notice from this Court, he has not chosen to put in his appearance.4. Heard the...