Andhra Pradesh Court July 2003 Judgments

Dr. Ken R. Gnanakan and ors. Vs. Anita Aidinyants and ors.

Court: Andhra Pradesh

Reported in: 2003(6)ALD34; 2003(5)ALT469

P.S. Narayana, J.1. The present writ appeal is directed against the order made by a learned Single Judge in W.P. No. 11694/93 dated 21-11-1996. The respondents 1, 2, 4, 8, 9 and 10 in the said writ petition are the appellants in the present writ appeal. The writ petitioner is the 1st respondent and respondents 2 to 5 in the writ appeal are respondents 3, 5, 6 and 7 in the writ petition.2. The 1st respondent/writ petitioner-Mrs. Anita Aidinyants filed the writ petition praying for issuance of an appropriate writ, order or direction more in the nature of mandamus directing the respondents 1 and 2 in the writ petition to continue the petitioner as Principal of Timpany School, Visakhapatnam till her superannuation by declaring the action of the 1st respondent in terminating the services of the petitioner as Principal of Timpany School by the order dated 10-8-1993, as illegal, arbitrary and unenforceable and for other appropriate orders.3. The 1st respondent in the writ appeal, the writ pet...

Savalam Suranna Dora Vs. State

Court: Andhra Pradesh

Reported in: 2003(2)ALD(Cri)742; 2004CriLJ427

ORDERS.R.K. Prasad, J.1. This criminal appeal arises against the judgment rendered in S.C. No. 287 of 1997 by the Principal Sessions Judge, East Godavari District at Rajahmundry, convicting and sentencing the accused to undergo Rigorous Imprisonment for a period of five years and also directing to pay a fine of Rs. 100/-, in default of payment of fine, Simple Imprisonment for a period of one month for the offence punishable under Section 304, Part I, I.P.C.2. The case of the prosecution can be briefly stated as follows: The accused is the husband of the deceased, Savalam Singaramma. They are residents of Paragasanipada village of Devipatnam Mandal. On 30-3-1997 at about 10.30 p.m., while the said Singaramma was sleeping along with her daughter on the coir cot placed in the varandah of the house belonging to Tati Singanna Dora, the accused asked her to sleep together and have an intercourse with him. When she refused to do so, the accused stabbed her with a knife on her stomach near umb...

Senior Branch Manager, Lic of India Vs. Vemuri Rangaiah

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Dr. (Mrs.) Mamata Lakshmanna, Member: 1. This appeal has been filed by the opposite parties aggrieved by the order of the District Forum, Nellore in C.P. No. 566/1996. 2. The complainant Shri Vemuri Rangaiah took Asha Deep policy from opposite parties on 19.11.1993 for Rs. 50,000/- for a period of 15 years. After about 2 years on 13.7.1995 he underwent heart surgery in Madras General Hospital to restore adequate blood supply to his heart and he spent nearly Rs. 75,000/-. As per the policy conditions he submitted his claim on 11.8.1995 to the first opposite party. But it was not settled. He, therefore, filed complaint in the District Forum with a request to direct the opposite parties to pay 50 per cent of the policy amount with interest at 24 per cent and the balance as per terms and conditions of the policy. He also requested that the instalments paid subsequent to the operation should be returned with 24 per cent interest per annum with compensation of Rs. 10,000/- towards mental ago...

New India Assurance Company Limited Vs. Putta Laxmi and ors.

Court: Andhra Pradesh

Reported in: I(2004)ACC661; III(2004)ACC525; 2005ACJ108; 2003(6)ALD123; 2003(6)ALT844

G. Yethirajulu, J. 1. These appeals arose out of a common judgment of the Motor Accidents Claim Tribunal, Adilabad District, dated 29-11-2000, preferred by the Insurer of the accident vehicle. 2. CMA No. 2720 of 2001, pertains to the claim for the death of one person and other appeals relate to the injured. 3. The Tribunal while awarding compensation to the claimants made the appellant liable to indemnify the owner with joint and several liability. The appellant, being aggrieved by the common order of the Tribunal, preferred these appeals challenging its validity and legality. The appellant contends that though the injured and the deceased were travelling in the trailer attached to the tractor as loading and unloading coolies, the driver was having only Light Motor Vehicle driving licence and as the tractor attached with the trailer, is treated as a Heavy Motor Vehicle, it shall be held that there was no valid licence to the driver of the tractor at the time of accident. 4. The learned...

Gnana Bharathi Educational Academy Vs. A.P. State Council of Higher Ed ...

Court: Andhra Pradesh

Reported in: 2003(5)ALD432

ORDERV.V.S. Rao, J.1. Gnana Bharathi Educational Society, the petitioner herein, established a Degree college in the year 1993. It obtained necessary permission from the competent authority and obtained affiliation from Sri Venkateswara University, the third respondent herein. The second respondent namely, Dravidian University, Kuppam commenced a graduate course in B.Sc., with Mathematics, Computer Science and Computational Linguistics and also Computer Science, Mathematics and Statistics from the academic year 1999-2000. The petitioner filed the writ petition seeking a declaration that the action of the Dravidian University in offering B.Sc., Degree courses is illegal and contrary to the provisions of Section 20 of the A.P. Education Act, 1982 ('the Education Act') and the statutory rules known as A.P. Educational Institutions (Establishment, Recognition, Administration and Control of Institutions of Higher Education) Rules, 1987 (hereafter called 'the Higher Education Rules').2. Resp...

A.S. Abdul Khader Wakf for Deeni Talim Vs. Saber Miah

Court: Andhra Pradesh

Reported in: 2003(6)ALD625; 2003(6)ALT469

P.S. Narayana, J.1. These Second Appeals are filed by A.S. Abdul Khader Wakf for Deeni Talim, represented by its Managing Mutawalli Masood Abdul Khader, aggrieved by the reversing judgments and decrees made by the Additional Chief Judge, City Civil Court, Secunderabad.2. The appellant herein, as plaintiff instituted the suits on the file of the I Assistant Judge, City Civil Court, Secunderabad for the relief of eviction, recovery of mesne profits, damages for use and occupation and also for future mesne profits till recovery of possession against different tenants, arrayed as defendants in the respective suits. The Court of first instance had decreed the suits and aggrieved by the same, the respective tenants preferred Appeals and the appellate Court had reversed the judgments and decrees of the Court of first instance on twin grounds that the Wakf Board alone can maintain the suits and a Mutawalli cannot maintain the suits and also a joint Mutawalli or a co-Mutawalli cannot maintain t...

G. Venkataswamy Vs. the Dist. Collector and ors.

Court: Andhra Pradesh

Reported in: 2003(6)ALT612; 2003CriLJ4519

ORDERL. Narasimha Reddy, J.1. The petitioner is an ex-serviceman. He has been granted a licence under the Arms Act, 1959 (hereinafter referred to as 'the Act'), to hold a weapon for his safety and protection. The licensing authority, the 1st respondent herein has been renewing it from time to time. At present the licence stands renewed up to 31-12-2005.2. He was required to deposit his weapon in the year 1974. When it was not being released, he has approached this Court by filing W.P. No. 19649 of 1996. The same was allowed through orders dated 5-11-1996. When the two weapons namely a Revolver and DBBL gun were released to him pursuant to the orders of this Court, they were found to have been rusted. The petitioner clams that he had to sell the same at very low price.3. The petitioner contends that he was holding a Rifle under the licence. In August 2002, the respondents have directed him to deposit the weapon in the Police Station on the ground that there is a naxalite problem in the ...

Lachala Seenaiah Vs. State

Court: Andhra Pradesh

Reported in: 2004(1)ALD(Cri)215; 2003(2)ALT(Cri)496; I(2004)DMC56

M. Narayana Reddy, J.1. This judgment, according to law, based on the legal material placed, on record, arises out of a Criminal Appeal, filed by the sole appellant, against the sole respondent-State, under Sub-section (2) of Section 374, Cr.P.C., 1973, questioning the validity and legality of the adjudications made by, and set forth in Para 2, infra.2. Judgment, dated 4.4.1997, of the Court of the Sessions Judge, Mahaboobnagar (Trial Court), made in S.C. No. 440/1994, of its file.3. Perused the material papers of the record.4. Arguments were heard of the learned Counsel for the sole appellant, and the learned Additional Public Prosecutor for the sole respondent-State.5. The sole appellant herein corresponds to the sole accused in the said S.C. No. 440/1994 of the file of the said Trial Court. The sole respondent herein corresponds to the sole complainant therein, being the State of A.P., represented by the Inspector of Police, Mahaboobnagar (Rural) Police Station, pertaining to Crime ...

Shahazadi Bee and ors. Vs. the Managing Director, Apsrtc and anr.

Court: Andhra Pradesh

Reported in: III(2004)ACC724; 2004ACJ1773; 2003(5)ALD127; 2003(6)ALT678

B. Sri Atchutananda Swamy, J. 1. This Letters Patent Appeal is directed against the order in A.A.O.No.1373 of 1996 dated 6-7-2001 of s learned Single Judge of this Court.2. The above A.A.O. arose out of the order and decree in O.P.No.506 of 1994 on the file of Motor Accidents Claims Tribunal, Nizamabad, which was filed by the claimants, who are the legal heirs of one Shaik Jaffar, against the respondents claiming a compensation of Rs./- 3,00,000/- alleging that the said Shaik Jaffar died as a result of the injuries sustained by him in a motor accident on 29-5-1994 near the A.P.S.R.T.C. Bus Station, Nizamabad due to the rash and negligent driving of the R.T.C. bus AP 9Z 5032 by its driver.3. On a consideration of the evidence on record, the Tibunal awarded Rs.1,20,100/- towards loss of dependency; Rs.5,000/- each towards loss of consortium and for pain and suffering, besides a sum of Rs.100/- towards damages to the clothes of the deceased.4. Dissatisfied with the quantum of compensation...

P. Eshwari Balarajaiah and ors. Vs. Md. Riyas and anr.

Court: Andhra Pradesh

Reported in: 2003(5)ALD305

1. This Letters Patent Appeal is directed against the order in A.A.O. No. 1238 of 1996 dated 26-6-2001 of the learned single Judge of this Court.2. The above A.A.O. arise out of the order and decree in O.P. No. 742 of 1992 dated 5-2-1996 on the file of Motor Accidents Claims Tribunal, Sangareddy, which was filed by the claimants, being the legal heirs of one P. Venkavva @Eshwari against the respondents seeking a compensation of Rs. 1,50,000/- alleging that the said Venkavva @ Eshwari died in a road accident on 20-8-1992 at Chandampet due to rash and negligent driving of the A.P.S.R.T.C. bus bearing No. AP 9 Z 3413 of Medak Depot.3. On a consideration of the oral and documentary evidence adduced on either side, the Tribunal held that the accident took place due to rash and negligent driving of the driver of the R.T.C. bus and awarded a total compensation of Rs. 77,600/- (i.e., Rs. 57,600/- being loss of future earnings + Rs. 15,000/- towards paid and suffering and loss of expectation of...