Andhra Pradesh Court June 2003 Judgments
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New India Assurance Company Limited Vs. Moror Alexy and ors.
Court: Andhra Pradesh
Decided on: Jun-11-2003
Reported in: 2005ACJ1106; 2003(6)ALD338; 2004(2)ALT111
G. Bikshapathy, J.1. This appeal-is filed against the order passed by the learned Single Judge of this Court in A.A.O. No. 211 of 1999 confirming the interim order passed by the learned Motor Accidents Claims Tribunal-cum-Additional District Judge, Srikakulam in O.P. No. 626 of 1998 dated 1.2.1999.2. A few facts are necessary for appreciating the intricacies of this case. A Russian couple were traveling in their foreign make vehicle on 14.10.1998. While so, a lorry bearing No. W.B.41/8048 hit the car in which the Russian couple were traveling and consequently it caused extensive damages to the car. Thereupon, a claim was filed by the owner of the car in O.P. No. 626 of 1998 before the Motor Accidents Claims Tribunal, Srikakulam claiming compensation in respect of the damage caused to the car. Pending O.P., the Tribunal passed interim order on 1.2.1999 directing the Insurance Company to make interim payment of Rs. 75,000/-. The said order was challenged by the Insurance Company in A.A.O...
P. Mohan Reddy Vs. General Manager, A.P. State Financial Corporation a ...
Court: Andhra Pradesh
Decided on: Jun-11-2003
Reported in: 2003(6)ALD363; 2003(5)ALT773
ORDERP.S. Narayana, J.1. The appellant had preferred the present Civil Miscellaneous Appeal aggrieved by the order dated 20-2-2003 made in I.A. No. 156/2003 in O.S. No. 227/2003 on the file of IV Senior Civil Judge, City Civil Court, Hyderabad.2. The appellant herein/petitioner/ plaintiff instituted the suit O.S. No. 227/2003 on the file of IV Senior Civil Judge, City Civil Court, Hyderabad praying for the relief of declaration that the demand made by the 3rd defendant towards loan account of P. Sathi Reddy relating to which the appellant/petitioner/plaintiff is surety is illegal and against law and for permanent injunction restraining defendants 2 and 3 from selling the suit schedule property in open auction till the disposal of the suit and for such other appropriate reliefs.3. The appellant/petitioner/plaintiff also moved an application I.A. No. 156/2003 in the said suit under Order 39 Rules 1 and 2 the Code of Civil Procedure praying for temporary injunction restraining respondents...
Manchiraju Viswaswara Sadasiva Rao @ Kamarsu Viswaswara Sadasiva Rao V ...
Court: Andhra Pradesh
Decided on: Jun-11-2003
Reported in: 2003(5)ALD554
ORDER1. The petitioner in this Civil Revision Petition seeks to revise the order of the Senior Civil Judge, Tanuku granting leave to R-1/plaintiff to sue as an indigent person. R-1 herein is the plaintiff; the petitioner and R-2 to R-4 are D-1 to D-5 respectively in the suit.2. The plaintiff filed the suit for recovery of possession of plaint C and D schedule properties and for past mesne profits from D-1. It is her case that she is legally wedded wife of Laxminarayana who got the plaint C and D schedule properties under a Will dated 16.4.1979 executed by Venkatasubbamma who died issueless on 4.2.1984. According to her, Basavaraju who is the husband of Venkatasubbamma is the senior paternal uncle of her husband and that her husband got the plaint C and D schedule properties under a Will dated 16.4.1979 executed by Venkatasubbamma. It is her further case that she has no means to pay the Court fee and therefore she sought for permission of the Court to sue as an indigent person. The peti...
Nalam Pullarao Vs. Ibp Company Ltd. and ors.
Court: Andhra Pradesh
Decided on: Jun-11-2003
Reported in: 2004(3)ALD809
ORDERV. Eswaraiah, J.1. The petitioner in both the writ petitions is one and the same. The Respondents No. 2 and 3 in Writ Petition No. 6411 of 2002 are the Respondents in Writ Petition No. 15367 of 2002. The Respondent No. 1 in Writ Petition No. 6411 of 2002 is M/s. IBP Company Limited.2. The petitioner filed Writ Petition No. 6411 of 2002 to declare the action of the M/s. IBP Company Limited in transferring the dealership of SKO/LDO to M/s. Satyanarayana Trading Company, Guntur in favour of his brother Sri Nalam Umamaheswara Rao, (Respondent No. 3) as illegal. Writ Petition No. 15367 of 2002 is filed questioning the consequential granting of license by the Joint Collector in favour of his brother Sri Nalam Umamaheswara Rao to carry on kerosene dealership of M/s IBP Company Limited as illegal and is in violation of principle of natural justice and to set aside the same.3. The father of the petitioner late Sri Nalam Subba Rao, trading in the name and style of M/s. Satyanarayana Trading...
Borusu Nageswara Rao Vs. Secretary, A.P. Co-operative Tribunal and ors ...
Court: Andhra Pradesh
Decided on: Jun-11-2003
Reported in: 2003(4)ALT220
ORDERD.S.R. Varma, J.1. The orders of the Tribunal constituted under the A.P. Co-operative Societies Act (for short 'the Act'), in confirming the orders passed by the 2nd respondent Under Section 60(1) of the Act are under challenge.2. The undisputed facts are that in an enquiry conducted Under Section 51 of the Act, the petitioner who was the Ex-President of the 3rd respondent - society, along with the Secretary, was found to have caused some loss to the society in various transactions. Basing on the report of the Enquiry Officer, the 2nd respondent issued a show-cause notice to the petitioner. The petitioner offered his explanation and having considered the explanation, the 2nd respondent passed an order fixing the liability. Aggrieved by the same, the petitioner filed an appeal. The Tribunal confirmed the order of the 2nd respondent and hence the present writ petition.3. The learned counsel for the petitioner Sri Raghavacharyulu mainly raised two contentions. Firstly he contended th...
New India Assurance Co. Ltd. Vs. Moror Alexy and ors.
Court: Andhra Pradesh
Decided on: Jun-11-2003
Reported in: 3(2005)ACC405
G. Bikshapathy, J.1. This appeal is filed against the order passed by the learned Single Judge of this Court in A.A.O. No. 211 of 1999 confirming the interim order passed by the learned Motor Accident Claims Tribunal-cum-Additional District Judge, Srikakulam in O.P. No. 626 of 1998 dated 1.2.1999.2. A few facts are necessary for appreciating the intricacies of this case A Russian couple was travelling in their foreign make vehicle on 14.10.1998. While so, a lorry bearing No. WB 41-8048 hit the car in which the Russian couple was travelling and consequently it caused extensive damage to the car. Thereupon, a claim was filed by the owner of the car in O.P. No. 626 of 1998 before the Motor Accident Claims Tribunal at Srikakulam, claiming compensation in respect of the damage caused to the car. Pending O.P. the Claims Tribunal passed interim order on 1.2.1999 directing the Insurance Company to make interim payment of Rs. 75,000/-. The said order was challenged by the Insurance Company in A...
C. Arjun Rao Vs. Dr. T. Ramamohana Rao and anr.
Court: Andhra Pradesh
Decided on: Jun-10-2003
Reported in: 2003(4)ALD450; 2004(1)ALT358
ORDERV. Eswaraiah, J. 1. This Civil Revision Petition is filed against the order dated 03/04/2002 in dismissing the petitioner's/ 1st defendant's application filed in I.A. No. 1593/2001 in O.S. No. 654/1993 on the file of the VII Senior Civil Judge, City Civil Court, Hyderabad to reject the plaint for want of notice under Section 80 Code of Civil Procedure. The 1st respondent herein is the plaintiff who filed the said suit for recovery of the damages of Rs. 5,00,000/- against the 1st defendant (petitioner herein) for malicious prosecution of the plaintiff in C.C. No. 1/1990 under different heads along with interest and costs. For the sake of convenience, the parties herein are referred to as they are arrayed in the suit.2. The brief facts of the case are as follows. The plaint was filed on 10/06/1993. Defendant No. 1 filed written statement on 09/04/1994. It is the case of the plaintiff that he has submitted a plan for construction of his house to the Municipal Corporation of Hyderabad...
The Chief Manager, Personnel and Hrd Section, State Bank of India Vs. ...
Court: Andhra Pradesh
Decided on: Jun-10-2003
Reported in: 2003(4)ALD225; 2003(4)ALT222; (2003)IIILLJ937AP
1. This writ appeal by the State Bank of India is directed against the order dated 3rd December, 1999 made in W.P. No. 12231 of 1999 by a learned single Judge of this Court, whereunder this Court directed the appellant herein to permit the respondent-writ petitioner also to attend the interview and final selection to the post of regular sweeper along with the other candidates sponsored by the District Employment Exchange. 2. In order to consider the question as to whether the impugned order suffers from any legal infirmity requiring our interference, the relevant facts may have to be noticed: 3. The respondent-writ petitioner was working as a temporary employee in the appellant bank as part-time sweeper since April, 1994. She has also registered her name in the District Employment Office at Chittoor with Registration No. 05/1989/01171 dated 28-6-1989. 4. The case of the respondent-writ petitioner is that she is fully qualified and eligible for being appointed as regular sweeper in the ...
Gandla Pannala Bhulaxmi Vs. Managing Director, Apsrtc and anr.
Court: Andhra Pradesh
Decided on: Jun-10-2003
Reported in: 2003ACJ2004; AIR2003AP458; 2003(4)ALT216; 2003(3)CTC667
1. A Division Bench of this Court made the following reference to the Full Bench:'Whether the right of appeal available under the Letters Patent Act is taken away by Section 100-A, C.P.C. in respect of matters arising under the special enactments or other instruments having force of law.' 2. This LPA itself has been preferred against the orders of a learned single Judge of this Court in C.M.A. No. 88 of 1998. The matter arises under the Motor Vehicles Act, 1988. The claim petition filed by the appellant herein seeking compensation for the injuries sustained by her in an accident has been dismissed by the Motor Accidents Claims Tribunal (District Judge), Nizamabad, against which an appeal was filed before the learned single Judge of this Court under Section 173 of the Act. The learned Judge dismissed the said appeal by order dated 14-6-2002, against which the present LPA has been filed.3. The short question that falls for consideration is as to whether the letters patent appeal preferre...
K.R. Sulochana Devi and anr. Vs. Chairman, Railway Board and ors.
Court: Andhra Pradesh
Decided on: Jun-10-2003
Reported in: 2003(4)ALD332; 2003(6)ALT549
ORDERL. Narasimha Reddy, J. 1. In these four writ petitions, the petitioners seek declaration that the action of the respective respondents in not considering their cases for appointment on compassionate grounds is illegal, arbitrary and unconstitutional. They seek appropriate directions to the respondents to consider their cases in accordance with the Schemes prevailing in the respective Organisations. 2. The petitioners in WP.No. 6542/, 2003 are the wife and son respectively of late Mr.K.P.O.Nair. Mr. Nair was working as Assistant Security Commissioner in the Indian Railways. He was to retire on 31-10-2001. It is their claim that on 30-10-2001, Mr. Nair had visited the office of the Standing Counsel for Railways to instruct him in relation to certain pending cases and while he was returning at about 10-00 p.m., he met with an accident. He was treated in the Gandhi Hospital, Secunderabad, and thereafter he was shifted to Nizams Institute of Medical Sciences, Hyderabad. He ultimately d...
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