Andhra Pradesh Court July 2003 Judgments
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Sri Krishna Salt Works Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Jul-21-2003
Reported in: AIR2004AP66; 2003(5)ALD484
B.S.A. Swamy, J.1. This appeal arises out of the judgment and decree passed in OS No. 8 of 1979 dated 6.2.1980 on the file of the District Court, at Visakhapatnam.2. The plaintiff is the appellant before this Court and the parties are referred to as they are arrayed in the suit.3. The plaintiff filed the above suit for declaration that the suit schedule land is not a communal poromboke but a ryoti land belonging to the plaintiff and consequently sought for a permanent injunction restraining the defendant/Government from interfering with the possession and enjoyment of the plaint schedule land by the plaintiff, for recovery of Rs. 76,608/- being the penalty and paid interest as per memo, for subsequent interest, for costs and such other reliefs which the Honourable Court deems fit and proper in the circumstances of the case.4. The case of the plaintiff is that the plaint schedule land is situated in Vada Cheepurpally village, Anakepalli Taluk, Visakhapatnam District, which forms part of...
K. Pedda Linga Reddy and ors. Vs. B. Sathaiah and ors.
Court: Andhra Pradesh
Decided on: Jul-21-2003
Reported in: 2003(6)ALD723
ORDERL. Narasimha Reddy, J.1. The writ petition is filed by three individuals viz., Bodupalli Sathaiah, Yata Sathi Reddy and Akunuri Lakshmaiah, against the order dated 3-7-2000 passed by the Joint Collector, Nalgonda, under the A.P. Record of Rights in Land Act. The order passed by the Joint Collector, 15th respondent, was on an appeal preferred by respondents 1 to 12.2. The writ petition was listed for admission on 30-8-2000 and was adjourned to 4-9-2000. On 4-9-2000, the writ petition was admitted and in WPMP No. 20353 of 2000, an interim order of status quo obtaining as on that date, was passed.3. Thereafter, the petitioners and respondents 1 to 12 filed WPMP No. 9278 of 2002 under Order XXII Rule 3 read with Section 151 CPC praying this Court to record compromise in terms of the Memorandum of Compromise. Respective Counsel representing the parties, vouched for the genuinity of signatures of the parties on the Memorandum of Compromise as well as its contents. Acting on the same, th...
New India Assurance Co. Ltd. Vs. Kandavalli Laxmi Rajeswari and ors.
Court: Andhra Pradesh
Decided on: Jul-21-2003
Reported in: II(2004)ACC116; 2005ACJ1748; 2004(1)ALT516
G. Yethirajulu, J.1. C.M.A.No. 2323 of 2002 is preferred against the order in O.P.No. 54 of 1994, dated 17-03-1999, while C.M.A.No. 3387 of 2002 is preferred against the order in O.P.No. 89 of 1994, dated 29-06-1998, of the Motor Accident Claims Tribunal, East Godavari at Rajahmundry.2. Both the petitions arose out of the same accident.3. O.P.No. 54 of 1994 is the case of death whereas O.P.No. 89 of 1994 is the case of injuries.4. When the claimants in both the O.Ps., made petitions under Section 166 of the Motor vehicles Act claiming compensation, the Tribunal awarded Rs. 13,000/- and Rs. 1,00,000/- respectively under various heads making the appellant liable to pay along with the owners of the vehicles involved in the accident. There was a collision between two motor vehicles; one vehicle is insured with the appellant and the other with the 6th and 7th respondents respectively.5. The appellant preferred these appeals on the ground that the tribunal failed to make the 6th and 7th resp...
Srinivasa Wines Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Jul-18-2003
Reported in: 2003(5)ALD32; 2003(5)ALT38
ORDERN.V. Ramana, J.1. Invoking the jurisdiction of this Court under Article 226 of the Constitution of India the petitioner has filed this writ petition praying for a declaration that the action of the 2nd respondent-Commissioner of Prohibition and Excise (hereinafter referred to as 'the Commissioner') in fixing a new IL-24 shop for Lingasamudram Mandal of Prakasham District, with a slab licence fee of Rs. 3,00,000/-, is illegal, arbitrary and contrary to the excise policy declared by the Government.2. According to the petitioner, there are three shops in Lingasamudram Mandal, one in the name of the petitioner, M/s. Sreenivasa Wines, and the other two in the names of M/s. Vigneshwara Wines and M/s. Kokila Wines. It is the case of the petitioner that as per the policy decision taken by the Government in G.O. Ms. No. 389, dated 13-3-2003, only the licences of the existing licensees are to be renewed subject to their fulfilling the formalities and other conditions, and in case the existi...
K. Bala Bai and ors. Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Jul-18-2003
Reported in: 2003(6)ALD68; 2003(5)ALT136
ORDERD.S.R. Varma, J.1. This writ petition is filed for a writ of certiorari calling for the records of the notification dated 9.3.2002 and to quash the same and further to direct the respondents to proceed with the acquisition of fee land in accordance with the notification dated 7.12.1998 issued under Section 4(1) of the Land Acquisition Act (for short hereinafter referred to as 'the Act') or if necessary by issuing a fresh notification.2. The facts that lead to the filing of the present writ petition are that the land of the petitioners to an extent of 2,423.09 sq. yards situate in survey numbers T.S. Nos. 1/ 2 and 2/2 of Sultanbagh Revenue Village, Bandlaguda Mandal, Hyderabad District was sought to be acquired for the purpose of constructing a permanent drainage. The object for acquiring the land and construction of drain, is that the rain water nala (stream) has been passing through the said survey number and further there was pacca (permanent) masonry drainage constructed on the...
K. Narasimhulu Naidu and Co. Vs. G. Subbarama Reddy
Court: Andhra Pradesh
Decided on: Jul-18-2003
Reported in: 2003(6)ALD491; 2003(6)ALT118; II(2004)BC293
C.Y. Somayajulu, J. 1. The plaintiff in O.S.731 of 1980 on the file of the- Court of III Additional District Munsif, Chittoor, is the appellant in this second appeal. 2. The case of the appellant is that the respondent promising to supply jaggery between 27-6-1977 and 27-6-1980 took an advance of Rs. 6,000/- from it and made some payments and by 27-6-1980 he was due to pay a principal amount of Rs. 3,000/-, and as per the trade custom and usage it is entitled to interest at 12 per cent per annum on the amount due to it, and hence the suit for recovery of Rs. 3,420/-with subsequent interest. The case of the respondent is that on 12-6-1974 he borrowed Rs. 5,000/- from one Duddu Ramaiah Chetty under promissory note, who transferred it to K. Narasimhulu Naidu, a partner in the appellant-firm, and having come to know that he is entitled to the benefit under A.P. Agricultural Indebtedness Relief Act (Act 7 of 1977) Ramaiah Chetty received Rs. 1,100/- from him and towards the said promissory ...
Penchala Sadaiah and ors. Vs. the State of A.P.
Court: Andhra Pradesh
Decided on: Jul-18-2003
Reported in: 2003(2)ALD(Cri)332; 2003(2)ALT(Cri)562; 2003CriLJ3827; I(2004)DMC435
Dalava Subrahmanyam, J.1. The appellants-accused filed the appeal against the judgment of conviction and sentence in SG 6 of 1996 on the file of the II Addl. Dist. and Sessions Judge, Karimnagar in convicting the appellants- accused and sentencing them to suffer R. I. for seven years each for the offence under Section 304-B IPC and three years and to pay a fine of Rs. 5000/- each and in default to suffer S. I. for six months each for the offence under Section 498-A IPC and both the sentences to run concurrently.2. The brief facts of the case are as follows;The marriage between the deceased Penchala Padma and Penchala Sadaiah was performed on 8-12-1993 at Godavarikhani and at the time of the marriage, a sum pf Rs. 60,000/- in cash and other household articles were given towards dowry and the marriage was performed. Subsequently, at the instigation of his parents, who are A2 and A3, the first accused harassed the deceased to bring some more money for purchase of Colour Television and Alm...
The Iii Additional District and Sessions Judge Vs. Keesari Madhav Redd ...
Court: Andhra Pradesh
Decided on: Jul-18-2003
Reported in: 2003(2)ALD(Cri)1047; 2003(2)ALT(Cri)401; I(2004)DMC12
Bilal Nazki, J.1. Criminal Appeal Nos. 361 of 2003 and 362 of 2003 arise out of Sessions Case No. 711 of 2000 tried and decided by III Additional Sessions Judge, Warangal. Since one of the accused has been sentenced to death by the learned Sessions Judge in the same case a reference has been received by this Court being R.T. No. 1 of 2003. A1l the three matters pertain to the same judgment, therefore, they are disposed of together.2. Criminal Appeal No. 361/2003 is filed by A1 and Criminal Appeal No. 362/2003 is filed by A2 and A3. A1l the three accused were tried by the learned Additional Sessions Judge for the offences under Sections 498-A, 304-B and 302 of I.P.C. and Sections 3, 4 and 6 of Dowry Prohibition Act. They pleaded not guilty and claimed to be tried. Prosecution examined 19 witnesses and marked 11 Exhibits. No evidence was led in defence. A1 to A3 were convicted under Section 302, I.P.C. A1 was sentenced to death. He was also fined Rs. 5,000/- in default of payment of fine...
United India Insurance Company Limited Vs. Syed Anwar Ali and anr.
Court: Andhra Pradesh
Decided on: Jul-17-2003
Reported in: 2003(6)ALD174
ORDERB. Seshasayana Reddy. J.1. This Civil Miscellaneous Appeal is filed by the United India Insurance Company Limited aggrieved by the Order dated 23-5-1997 passed in W.C.No.B1/783 of 1995 N.F. on the file of the Commissioner for Workmen's Compensation-cum-Assistant Commissioner of Labour, Nizamabad.2. The applicant in W.C.No.B1/783 of 1995 N.F. also filed Cross Objections dissatisfied with the quantum of amount awarded to him as compensation.3. The applicant was the second driver of the vehicle bearing No. 4122 API. The said vehicle involved in an accident on 29-7-1994 while it was proceeding towards Hyderabad and when it reached the outskirts of Adloor, Yellareddy Village. The vehicle is owned by the second respondent herein. In the said accident, the applicant sustained fracture injuries for which he took treatment in the Government Hospital, Nizamabad. He filed an application before the Commissioner for Workmen's Compensation-cum-Assistant Commissioner of Labour, Nizamabad claimin...
iindla Krishnamma Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Jul-17-2003
Reported in: 2003(6)ALD41
ORDERL. Narasimha Reddy, J. 1. The petitioner seeks a writ of mandamus to declare the inaction on the part of the 3rd respondent, the District Collector, Chittoor, in providing the benefits to her in terms of G.O. Ms. No. 3 Social Welfare (HI) Department dated 16.1.1996, and Rule 12(4), Annexure-I Sl.No. 20 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Rules, 1995 (hereinafter referred to as 'the Rules') as erroneous, arbitrary and contrary to law. A consequential direction against the 3rd respondent is sought for providing employment to the petitioner or to pay her pension at the rate of Rs. 1,000/- per month, apart from extending education facility to the children of the petitioner. 2. The basis for the petitioner in claiming the relief is thus: The petitioner belongs to Scheduled Caste Community. Her husband by name Reddanna was said to have been murdered on 2.10.2002 by two persons by name Shaik Qader Valli and P. Anand, at Tirupathi. According to the petiti...
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