Andhra Pradesh Court July 2003 Judgments
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Oriental Insurance Company Limited Vs. Sk. Dada Bademiya and ors.
Court: Andhra Pradesh
Decided on: Jul-03-2003
Reported in: 2003(6)ALD750
C.M. Somayajulu, J. 1. The insurer of the lorry bearing No. A.P.16-T-3919 which met with an accident on 14-2-1997 at about 6 a.m., resulting in the death of the cleaner, who was covered by the policy of insurance taken by the owner of that lorry, filed this appeal questioning the award of compensation of Rs. 1,27,840/- by the Commissioner under the Workmens' Compensation Act, (the Act) in a claim made by the legal representatives of the deceased cleaner of that lorry.2. The fact that the accident arose out of and during the course of employment resulting in the death of the cleaner of the vehicle which is covered by the insurance policy issued by the appellant is not in dispute.3. The four points raised by the learned Counsel for the appellant in this appeal are:4. When there is proof of the wage that was actually being paid to the deceased cleaner, the Commissioner erred in taking the minimum wage payable under the Minimum Wages Act to a cleaner, as the wage of the deceased cleaner, (...
G.M. Ravi Alias G. Purushotham Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Jul-03-2003
Reported in: 2003(2)ALD(Cri)344; 2003(2)ALT(Cri)210; 2004CriLJ1861
Bilal Nazki, J. 1. Heard the learned senior counsel Shri C. Padmanabha Reddy for the appellant and the learned Public Prosecutor for the Prosecution.2. The sole accused in this case was tried for offences under Sections 498-A and 302, IPC. The charges were framed oh the basis of the allegation that on 7-4-1998 at about 10 p.m., the accused committed the murder by intentionally causing the death of Padmavathi who was his wife. Another allegation was that the accused had subjected the deceased to cruelty, and, therefore, the charge under Section 498-A, IPC was framed. The accused pleaded not guilty and claimed to be tried. The prosecution examined 19 witnesses. 14 documents were exhibited. 7 material objects were marked.3. Although 19 witnesses were examined, the whole case of the prosecution rests upon an oral dying declaration purported to have been made by the deceased before P.W. 1 the sister of the deceased in the presence of P.W. 9 a relative of the deceased and P.W. 1. The prosecu...
Osmania University Vs. Commercial Tax Department, Govt. of A.P. and an ...
Court: Andhra Pradesh
Decided on: Jul-03-2003
Reported in: 2003(5)ALT597
ORDERMotilal B. Naik, J.1. Petitioner-Osmania University chooses to challenge the order passed by the 2nd respondent, dated 12-8-2002 through which order the 2nd respondent completed final assessment of professional tax in respect of Non-teaching staff and Class IV employees of the Osmania University for the assessment year 1998-1999 and raised a demand to the tune of Rs. 45,20,400/-towards professional tax.2. During the course of hearing of the writ petition, Sri Deepak Bhattacharjee, learned Standing Counsel for the petitioner submitted that the Osmania University had deducted professional tax from the Non-teaching staff and Class IV employees of the University and paid the amounts to the Department, but not in appropriate forms, however the details of which have been furnished to the Department. He also stated that in view of G.O.Ms.No. 48, dt. 15-3-1997 issued by the Government of Andhra Pradesh keeping in abeyance recovery of enhanced professional tax from the Non-Gazetted employe...
M. Varalakshmi Vs. the Assistant Divisional Engineer, the Central Powe ...
Court: Andhra Pradesh
Decided on: Jul-02-2003
Reported in: 2003(5)ALD352; 2003(2)ALD(Cri)389; 2003(4)ALT557
ORDERD.S.R. Varma, J. 1. Though the matter is listed under the caption 'Interlocutory', at the request made by both sides, the main writ petition itself is disposed of by this order. 2. The grievance of the petitioner is that the electricity supply was disconnected to her flat by the 1st respondent at the instance of the 6th respondent. 3. The facts appear to be that one Mahadeva Sastry was the original allottee of the flat in question. During his life time, he entered into an agreement of sale, dated04-09-1985. Subsequently, a suit has been filed for specific performance by the petitioner against the said Mahadeva Sastry. During the pendency of the said suit, it seems that the said Mahadeva Sastry died. When the said fact was brought to the notice of the civil court, the suit was dismissed as abated against the said Mahadeva Sastry. It also appears that some steps have been taken for restoration of the suit, which are still pending. Of course, no positive proof in this regard had been...
Sri Laxman Talkies and ors. Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Jul-02-2003
Reported in: 2003(5)ALD375
Motilal B. Naik, J. 1. This writ petition is filed seeking a writ of mandamus or any other appropriate writ or direction declaring the proceedings dated 16-3-1996 issued in G.O. Ms. No. 133/MA by the first respondent as illegal, arbitrary and consequently direct the 3rd respondent not to collect the difference in tax from 20-3-1996 to 27-3-1997 and pass such other order or orders as are deemed fit and proper in the circumstances of the case.2. Petitioners, numbering seven, are owners of cinema theatres situated in Yemmiganur Town of Kurnool District. The Yemmiganur Municipality was second grade Municipality. The Government in G.O, Ms. No. 790 dated 29-12-1995 prescribed the rate of entertainment taxes for theatres situated in various Municipalities in the State of Andhra Pradesh. Entertainment tax is levied at different rates basing on the gradation of the Municipality. In the State of Andhra Pradesh, Municipalities are categorized as Municipal Corporations, Selection Grade Municipalit...
Pagidi Padmavathi and anr. Vs. Kanala Nagaraju and ors.
Court: Andhra Pradesh
Decided on: Jul-02-2003
Reported in: 2003(5)ALD629
ORDERD.S.R. Varma, J.1. This Civil Revision Petition is filed challenging the order and decree, dated 17-3-2003, passed by the Senior Civil Judge, Nandyal, dismissing the application in E.A. No. 295 of 2001 in E.A. No. 155 of 2001 in E.P. No. 244 of 1998 in O.S. No.128 of 1996, filed under Order-21 Rules 95, 96 and 97 of the Code of Civil Procedure, seeking to recall the delivery warrant.2. The claim of the petitioners is that they are the tenants of one Palagiri Pedda Vegi Subbaiah and the said property was brought to sale treating the same as the property belonging to the 4th respondent. Admittedly, the said Subbaiah was not a party either to the suit or to the execution proceedings.3. At this juncture, it is necessary to refer to the relevant provisions of Order-21 Rules-95, 96 and 97 of the Code of Civil Procedure.4. Rule-95 deals with a situation where the immovable property sold is in the occupancy of the judgment-debtor or of some person on his behalf or of some person claiming ...
Bayyapureddy Appala Naidu Vs. Agent to Government and Collector and or ...
Court: Andhra Pradesh
Decided on: Jul-01-2003
Reported in: 2003(5)ALD279
ORDERV.V.S. Rao, J.1. The petitioner filed this Writ Petition seeking writ of certiorari to quash the order in A.S. No. 67 of 1988 dated 3.7.1994 passed by the Agent to the Government and District Collector, Visakhapatnam, the 1st respondent herein. Be it noted, the said order came to be passed in exercise of the appellate powers of the 1st respondent under Sub-section (3) of Section 3 of the A.P. Scheduled Areas Land Transfer Regulations 1 of 1959 (hereafter called 1959 Regulations).2. The facts leading to filing the present Writ Petition may be summarized in brief:3. The petitioner purchased an extent of Acs.5-58 cents under a registered sale deed dated 11.5.1956 (registered on 14.5.1956) from the 3rd respondent and others. Some time in late 1970s, the 3rd respondent and others filed an application before the 2nd respondent to declare the sale transaction between the petitioner and others as void on the ground that the vendors belong to Scheduled Tribes and the petitioner is a non-tr...
P. Shobha Vs. Kothuri Narender
Court: Andhra Pradesh
Decided on: Jul-01-2003
Reported in: 2003(5)ALD837
ORDERT. Ch. Surya Rao, J.1. The revision petitioner assails the order dated 24-3-1999 passed by the learned Senior Civil Judge, Nizamabad, in R.C.A. No. 2 of 1996. Revision petitioner is the landlady who filed the petition seeking eviction of the tenant in R.C. No. 17 of 1990.2. It is averred inter alia in the petition that the premises bearing No. 4-8-824/B was originally belonged to the petitioner's mother-in-law who later willed away the said premises in her favour. It was divided into two 'mulgies' by constructing a wall in between. The premises in question was let out to the respondent/tenant on the condition of paying a monthly rent of Rs. 840/-. The respondent paid the rents at that rate till the end of March, 1993 and thereafter committed wilful default. That apart, the premises is required bona fide for doing wholesale cloth business by her husband along with adjacent premises which too was let out to another tenant.3. The respondent/tenant resisted that petition mentioning in...
Union of India (Uoi) Vs. N. Kantabai
Court: Andhra Pradesh
Decided on: Jul-01-2003
Reported in: II(2004)ACC709; 2005ACJ1280; AIR2004AP228; 2003(6)ALD40
G. Yethirajulu, J.1. This appeal is preferred by the Union of India, represented by its General Manager, South Central Railway, Secunderabad, against the order of the Railway Claims Tribunal, Secunderabad, in O.A.A. No. 49 of 1997 on the ground that the date of accident has not been correctly mentioned by the claimant and that since the claimant is the married daughter of the deceased, she cannot be treated as dependent, and therefore, she is not entitled to make any claim for compensation. The Railway Claims Tribunal accepted the date of accident as 16-4-1997 in view of the correction made by the claimant with the permission of the Court from 17-4-1997 to 16-4-1997. Therefore, I do not find any force in the contention of the appellant that the claimant is not entitled for compensation on the ground that there was variation of date of accident. The second point that was urged by the appellant is that since the clamant is the married daughter of the deceased, she cannot be treated as de...
Dr. Punuru Venkata Reddy Vs. Punuru Vijayalakshmi
Court: Andhra Pradesh
Decided on: Jul-01-2003
Reported in: I(2005)BC262
P.S. Narayana, J.1. The unsuccessful defendant Dr. Punuru Venkata Reddy, who is none other than the husband of the plaintiff-respondent Punuru Vijayalakshmi, preferred this appeal, aggrieved by the judgment and decree dated 2.1.2003 made in O.S. No. 56 of 1997, on the file of learned Senior Civil Judge, Kavali, Nellore District.2. For the purpose of convenience, the parties will be referred to as plaintiff and defendant as arrayed before the Senior Civil Judge, Kavali.3. The plaintiff filed the suit for declaration of title, relating to the plaint schedule property and for delivery of possession and also for future mesne profits. On the strength of the respective pleadings of the parties and after settlement of issues, the learned Senior Civil Judge, Kavali, on appreciation of the evidence of P.Ws. 1 to 3 and D. Ws. 1 to 7 and also Exs. A-1 to A-21 and Exs. 8-1 to 8-6 and Exs. X-1 to X-7 and Exs. C-1 and C-2, ultimately arrived at the conclusion that the plaintiff is entitled to the re...
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