Andhra Pradesh Court June 2003 Judgments

Branch Manager, Lic of India Vs. Malapati Dhanalaxmi

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

C.P. Suresh, Member: 1. The unsuccessful opposite party is the appellant before this Commission. 2. The facts in brief are that one Malapati Venkata Bhaskara Reddy, obtained a life insurance policy for Rs. 30,000/- from the opposite party and while the policy was in force died on 11.6.1996. The complainant being the nominee and the wife of the deceased claimed the said amount. 3. The opposite party filed its written version admitting the policy, but alleged that the policy has lapsed and it was renewed on 28.5.1996, and at the time of revival of the policy the policy holder submitted a personal statement on 22.5.1996 wherein he wilfully suppressed his health condition and the investigation revealed that he suffered from stomach cancer for which he took treatment in the Cancer Institute, Adyar, Chennai and hence, the claim of the complainant was rightly repudiated. 4. The District Forum allowed the complaint. 5. Aggrieved by the said finding and order, the opposite party preferred this ...

The District Collector Vs. Smt. Munigala Sulochana

Court: Andhra Pradesh

Reported in: 2003(4)ALT547

1. The order passed by the learned Single Judge on 16-08-2002 in W.P. No. 15050 of 2002 allowing the writ petition of the respondent is under challenge in this appeal by the District Collector, Warangal.2. The respondent filed the writ petition praying for issuance of a direction declaring the action of the appellant in rejecting to provide Government employment to her to be illegal; and consequently sought direction to provide employment to her on the ground that her husband was killed in extremists' activities on 09-02-1993. The respondent prayed the relief in the writ petition on the basis of G.O.Ms. No. 469 General Administration (SC.A) Department dated 08-11-1996 (for short 'the G.O.Ms. 469').3. The learned single Judge proceeded to grant the relief to the respondent by relying on the G.O.Ms. 469 and the decision of a learned Single Judge of this Court in CHOPPADANDI NARSUBAI Vs . CHIEF SECRETARY, TO GOVERNMENT, GENERAL ADMINISTRATION (SC.A) DEPARTMENT, HYDERABAD & ANOTHER : 2000(...

Palavalasa Padmanabham and ors. Vs. State of A.P. and ors.

Court: Andhra Pradesh

Reported in: AIR2003AP444; 2003(4)ALD449; 2003(4)ALT559

Devinder Gupta, C.J. 1. Appellants filed writ petition which was dismissed by the impugned order by the learned single Judge on the ground that appellants can only seek redressal by filing review petition or appeal under Clause 15 of the Letters Patent but another writ petition virtually challenging the directions issued in earlier writ petition being Writ Petition No. 22948 of 2002 is not maintainable.2. Appellants claimed that they were owners and possessors on the basis of D form pattas granted in their favour in the year 1972 with respect to various parcels of land situate in Buddivalasa Agraharam village, hamlet of B. Tallavalasa, Padmanabham Mandal, Visakhapatnam district. They claim that one Reddipalli Sanyasi Rao and his four sons (respondents 5 to 8) have frequently been quarrelling with them and other adjacent D form patta holders alleging fabricated and sham documents of agreement of sale in their favour which necessitated in appellants' filing representations before the Sup...

Mullipudi Mukunda Rao Vs. Sub-inspector of Police and ors.

Court: Andhra Pradesh

Reported in: 2003(4)ALD884

Bilal Nazki, J. 1. Heard the learned Government Pleader for Home. This Writ petition has been entertained on the basis of a telegram. One Chittibabu was arrested by police on 16-3-2003. The brother of said Chittibabu sent a telegram to the Chief Justice with an allegation that said Chittibabu was arrested in a false case. He had also informed the Court that the detenu's rights were getting violated and he was denied appearing in SSC Board Examination which was scheduled.2. Counter has been filed by the Asst. Sub-Inspector of Police, Penumantra Police Station who submitted that on 16-3-2003 on complaint by one Kum.C. Aruna Kumari a case was registered against the brother of the complainant under Section 354 IPC and he was arrested on 16-3-2003 and produced before the Magistrate on 17-3-2003 when he was released.3. The police officer knew that the detenu had to appear for examination on 17-3-2003. It has been conceded in the counter-affidavit that the detenu could not appear for his exam...

New India Assurance Company Limited Vs. Lakka Vijaya Gopala Reddy and ...

Court: Andhra Pradesh

Reported in: AIR2003AP465; 2003(5)ALD8; 2003(5)ALT735; I(2004)BC149; 2004(1)CTLJ271(AP)

Gopalakrishna Tamada, J. 1. The New India Assurance Company Limited, Visakhapatnam Branch, which insured the mechanized fishing Boat (by name 'Publo-236 Sunitha') belonged to the 1st respondent herein (1st defendant in the suit), is the appellant herein. The Bank of Baroda, Kakinada, which sanctioned loan to the 1st respondent for purchase of the said Boat, instituted the suit - O.S. No. 77 of 1984 against the 1st respondent, the guarantor and the insurance company in the Subordinate Judge's Court, Kakinada, (Defendants 1 to 3) for recovery of a sum of Rs. 1,26,409/- with future interest thereon. As the said suit was decreed, the insurance company (3rd defendant) filed this appeal. 2. The brief case of the plaintiff-Bank according to the averments made in the plaint is as follows: On a request made by the 1st defendant for financial assistance for the purpose of purchasing the mechanized fishing boat, the Bank sanctioned a sum of Rs. 78,000/- as loan to the 1st defendant, which is repa...

Habeeb Yahiya and anr. Vs. Government of A.P. and ors.

Court: Andhra Pradesh

Reported in: 2003(5)ALD215; 2003(6)ALT770

ORDERV.V.S. Rao, J. 1. The petitioners purchased an extent of Acs.5-00 and 2-14 gts. respectively, from respondents 3 to 5 herein. Be it noted that the respondents 3 to 5 herein are sons of late Mohammed Ghouse Pasha, who was Muthawalli of Darga Huzrath Mir Masoom Ali Shah. Be it also noted that the land admeasuring Acs. 10-00 in reserve forest block was excluded by the Reserve Forest Officer by notification dated 12-04-1972, as it was a Wakf land. After death of Muthawalli, Mohammed Ghouse Pasha, his three sons, respondents 3 to 5 herein were given succession and subsequently, they sold away the land to three persons including the petitioners herein.2. The Mandal Revenue Officer by letter dated 8-5-2002 reported the matter to the Joint Collector - the first respondent herein as respondents 3 to 5 sold away the Wakf land to the petitioners and the mutation was done and the record of rights was accordingly altered. The Joint Collector took up the matter under Section 9, of the A.P. Righ...

State Bank of India Vs. Nutakki Srihari Rao and anr.

Court: Andhra Pradesh

Reported in: 2003(5)ALD43

ORDERB. Seshasayana Reddy, J.1. The short point that fell for consideration in this Civil Revision Petition is whether the agreement dated 11-8-1989 entered between the parties is an agreement to grant lease or lease itself. The petitioner herein is the tenant and the respondents are the landholders of the demises premises.2. The respondents herein filed O.S.634 of 1994 claiming Rs. 77,950/-towards arrears of rent. During the course of examination of P.W.1, an agreement dated 11.8.1989 is sought to be marked as an exhibit. The petitioner/defendant raised objection for marking the document on the ground that it is lease deed and it requires registration under Section 17 of the Registration Act. Whereas it is contended by the plaintiffs that it is only an agreement of lease and therefore it was not required to be registered. Both the parties requested the Trial Court to give a finding on the nature of the agreement-dated 11.8.1989. On hearing Counsel for both the parties the lower Court ...

Maheswaran Sakkubai Vs. Andhra Pradesh State Road Transport Corporatio ...

Court: Andhra Pradesh

Reported in: II(2004)ACC107; 2005ACJ1746; 2003(5)ALD593; 2004(1)ALT514

ORDERP.S. Narayana, J.1. Heard Sri K.L.N. Rao.2. The office had raised an objection that the condone delay application filed under Section 173 of the Motor Vehicles Act, 1988 instead of Section 5 of the Limitation Act, 1963 cannot be entertained. In view of the said objection, the matter had come up before this Court for orders of the Court.3. The facts in brief are as follows:4. CMA(SR)No. 10135 of 2003 is filed under Section 173 of the Motor Vehicles Act, 1988 aggrieved by the orders passed in O.P.No. 1014 of 1998 dated 26,11-2001 on the file of the Motor Vehicles Accidents Claims Tribunal-cum-District Judge, Ranga Reddy District at Saroornagar. The aforesaid matter was presented along with an application for condonation of delay of 267 days in filing the appeal. The office had taken an objection to the effect that the correct provision of law has to be mentioned in CMP(SR)No. 10136 of 2003 i.e. the application for condonation of delay. The Counsel for the appellant represented the m...

K. Jawahar Reddy and anr. Vs. State of A.P., Ma and Ud Dept. and ors.

Court: Andhra Pradesh

Reported in: 2003(4)ALT582

Devinder Gupta, C.J.1. Heard.2. Four writ petitions were decided by the common order, which was challenged in these Appeals. Two writ petitions, namely, W.P.Nos. 35228 and 35235 of 1998, questioning the cancellation orders in Permit Nos. 172/17/80 and 172/17/89, dated 26-6-1998 were dismissed. The other two writ petitions, namely, W.P.Nos. 18593 and 20579 of 1998, filed by the neighbours seeking quashing of G.O.Ms.No. 289, dated 25-5-1998 were partly allowed on the ground that already, a Division Bench of this Court had quashed G.O.Ms.No. 419, dated 30-7-1998, which was on similar lines as that of G.O.Ms.No. 289. Therefore, relying on the said Division Bench judgment, G.O.Ms.No. 289, dated: 25-5-1998 was also quashed. While quashing the said G.O., the Municipal Corporation was directed to issue notices to the owners of the building for removal of the deviated and unauthorized constructions, within a period of three months from the date of such notice and on their failure to comply with...

S.V. Ramachandra Murthy Vs. Dasari Uma Maheswara Rao and ors.

Court: Andhra Pradesh

Reported in: 2003(4)ALD476

ORDERP.S. Narayana, J.1. The petitioner filed the present Transfer Civil Miscellaneous Petition praying for transfer of O.S. No. 106/84 from the Court of Additional Senior Civil Judge, Tenali, Guntur District to this Court and pass such other suitable orders. The said Transfer Civil Miscellaneous Petition was moved during vacation. Along with the Transfer Civil Miscellaneous Petition, the petitioner also moved C.M.P.No. 11744/2003 for a direction to the trial Court to visit and inspect the suit schedule property in O.S. No. 106/84 for recording the conditions and physical features. C.M.P. No. 11745/2003 was filed to direct the trial Court to permit the petitioner to withdraw the deposited amount in O.S. No. 106/84 and C.M.P. No. 11746/2003 was filed praying for a direction to order respondents 1 and 2 to furnish security in O.S. No. 106/84.2. This Court on 13-5-2003 ordered notice to respondents 1 and 2 and directed the matter to be posted on 13-6-2003. In the Transfer Civil Miscellane...