Andhra Pradesh Court August 2003 Judgments

Kuppala Srinivasa Rao Vs. Lingala Amruthamma and ors.

Court: Andhra Pradesh

Reported in: I(2004)ACC483; 2004ACJ1841; 2003(6)ALD786; 2003(6)ALT246

C.Y. Somayajulu, J.1. This appeal arises out of the award dated 3-4-2003 in O.P. No. 402 of 2001 on the file of the Motor Accidents Claims Tribunal cum First Additional District Judge, Khammam filed under Section 140 of the Motor Vehicles Act (for short 'the Act') by the respondents against the appellant.2. The case in brief of the respondents is that on 28-5-1999 when Lingala Janardhan, husband of the first respondent and father of the Respondents 2 to 4 (the deceased), was proceeding on the motorcycle bearing No. A.P.20-A-9922 belonging to the appellant the vehicle met with an accident due to the rash and negligent driving of the appellant resulting in injuries and consequential death of the deceased and that police registered a case in Crime No. 78 of 1999 under Section 304-A IPC against the appellant in connection with the said accident and so they are entitled to Rs. 50,000/- as compensation under Section 140 of the Act.3. The appellant filed his counter denying the averments in t...

Kanthamma and ors. Vs. Gangulamma and ors.

Court: Andhra Pradesh

Reported in: 2004(3)ALD151; 2004(2)ALT85

Dubagunta Subrahmanyam, J.1. This appeal is filed by the legal representatives of the sole plaintiff K. Mogili Reddi in O.S. No. 32 of 1981 on the file of the District Munsif's Court, Palamner, against judgment and decree dated 15-2-1993 in A.S. No. 2 of 1986 on the file of 1st Additional District Judge at Chittoor setting aside judgment and decree dated 10-10-1985 in O.S.No. 32 of 1981.2. Necessary facts for the disposal of this appeal are as follows:Papi Reddi, father of the sole plaintiff, Appi Reddi, who is the husband of the first defendant and father of Defendants 2 and 3 and three others are brothers. The suit property is the ancestral property of the family consisting of the above brothers. At one point of time some brothers got separated their share and left the joint family. Later, in the year 1959 or so Papi Reddi and Appi Reddi also got divided the joint family properties among themselves. In the suit property, 2/3rd share was allotted to Papi Reddi and the remaining 1/3rd ...

Mrs. M. Janaki and Others Vs. Vijaya Sri Constructions

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

C.D. No. 21 of 1999: P. Ramakrishnam Raju, President: 1. The complainants are owners of 806.94 sq. yards comprising of Plot Nos. 326/HIG and 327/HIG situated at Kukatpally Housing Board Colony, Ranga Reddy District. They entered into an agreement with the opposite party builder who accordingly agreed to construct a residential complex called Gandhi Towers and deliver 28% of the constructed area to the complainants within a period of 19 months from the date of execution of the agreement and in case of failure to complete the construction within the said period, he would pay the rent during that period. Though the complainants waited for a sufficiently long period after expiry of 19 months, construction of the complex was not completed by the opposite party. Hence the complainants issued a legal notice dated 7.2.1997 and filed this complaint claiming in all a sum of Rs. 8,77,500/- towards damages. 2. In the counter filed by the opposite party while denying the material allegations, it is...

Mrs. Vallurupalli Vanaja Vs. Divisional Manager, New India Assurance C ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

C.D. 37/99: P. Ramakrishnam Raju, President: 1. The complainant is the proprietrix of a poultry farm which contains grower sheds, layer sheds, poultry birds both layers and growers. She insured 12,500 birds under policy bearing No. 4761080000927 on 3.2.1998 till the age of 72 weeks for the birds. The birds are Layers Bovans. 2. According to the policy conditions, no claim can be made during the waiting period from 3.2.1998 to 17.2.1998 and thereafter the liability of the company is to indemnify the complainant to an extent of 80 per cent of the value of the birds if death occurs during the period of coverage. 3. While so the birds were healthy upto 24th week and during 25th week i.e., between 8.3.1998 and 14.3.1998, 480 birds died. The same was informed to the opposite party. Again during the next week i.e., from 15.3.1998 to 21.3.1998, 2717 birds and from 22.3.1998 to 28.3.1998, 497 birds died, on all the occasions due to fowl cholera and the opposite party was informed on all occasio...

Balaji Traders Vs. Commissioner of Excise and ors.

Court: Andhra Pradesh

Reported in: 2003(5)ALD725

ORDERL. Narasimha Reddy, J.1. Similar questions of facts and law arise in these two writ petitions. Hence, they are disposed of through a common order.2. W.P. No. 5083 of 2003 is filed by a proprietary concern by name Sri Balaji Traders. W.P. No. 7335 of 2003 is filed by the proprietor himself by name M. Ram, The respondents are almost common in both the writ petitions. The only distinguishing feature is that in W.P. No. 7335 of 2003, the owner of the vehicle also figures as petitioner No. 2. Their interests are common. For the sake of convenience, they are referred to as 'the petitioners'.3. The petitioners are engaged in the business of trading in Molasses. They had the place of business at Hyderabad. Their business comprises of purchase of Molasses from various sugar factories and supplying the same to the purchasers of different categories.4. On 10-3-2003, the Station House Officer, Prohibition and Excise, Patancheru, intercepted a tanker bearing No. AP9U 465 engaged by the petitio...

P. Gyan Chander Vs. Secunderabad Cantonment Board and ors.

Court: Andhra Pradesh

Reported in: 2003(6)ALD65

ORDERV.V.S. Rao, J.1. The petitioner claims that he allegedly purchased plot No. 17, admeasuring 232 Sq. yards in S.No. 157/9 (New S.No. 157/ 10) situated at Thokatta Village, Secunderabad, by registered sale deed dated 16.8.1982. According to the petitioner plot No. 17 forms part of layout approved by Secunderabad Cantonment Board in favour of Government Press Employees Co-operative House Building Society Limited, Chanchalguda, Hyderabad (for short, the Society). The petitioner approached the first respondent by making an application on 18.12.1999 for construction of residential building. By letter dated 30.12.1999 first respondent rejected the request for building permission on the ground that the plot does not form part of the sanctioned layout. Assailing this order, present writ petition is filed.2. The writ petition is opposed by first respondent by filing counter-affidavit. In the counter-affidavit filed by the Executive Officer of the Cantonment Board, it is stated that the layo...

G. Srinivas Vs. Ch. Bala Raju and ors.

Court: Andhra Pradesh

Reported in: 2003(6)ALD888; 2003(6)ALT733

ORDERD.S.R. Varma, J. 1. With the consent of both the parties, the main writ petition itself is taken up for hearing and disposed of along with the Contempt case by this common order.2. W.P. No. 22553 of 2002 is filed seeking a writ of mandamus declaring the proceedings in Rc.No. 963/2000/A, dated 18-10-2002, issued by the 2nd respondent, as illegal, arbitrary and contrary to the provisions of the Andhra Pradesh Cooperative Societies Act, 1964 (for short 'the Act') and Rules made thereunder.3. The complaint of the petitioner in the present Contempt Case No. 916 of 2003 is that the respondent has not complied with the order, dated 29-1-2002, in W.P.M.P. No. 28300 of 2002 in W.P. No. 22553 of 2002, passed by this Court.4. The impugned proceedings, dated 18-10-2002, whereby and whereunder the 2nd respondent, while exercising his jurisdiction under Section 32(7)(a) of the Act, has appointed a Chairman to the persons-in-charge committee of 3rd respondent-Primary Agricultural Cooperative Soc...

Union of India (Uoi) and ors. Vs. K. Radhakrishna Murthy and anr.

Court: Andhra Pradesh

Reported in: 2003(6)ALD742; 2004(1)ALT609

T. Ch. Surya Rao, J. On a reference made by a Division Bench of this Court comprising of the Hon'ble Sri Justice Bilal Nazki and Hon'ble Sri Justice D.S.R. Varma, this batch of writ petitions has come before us for consideration.2. Briefly stated the facts, for brevity and better understanding of the matter, are thus: The contesting respondents in this batch of writ petitions while working as Time Scale Accountants in the Office of RMS V. Division, Visakhapatnam were promoted as Lower Selection Grade Accountants (TBOP), ('LSG' for brevity) with effect from 30.11.1983. However, they were not actually entrusted with the duties of LSG due to lack of sufficient number of supervisory posts and they were allowed to continue in the posts of Time Scale Accountants. Notwithstanding the same, their pay was fixed by giving them the benefit of one increment in accordance with FR.22(c) on the assumption that it involved higher duties and responsibilities and they had been drawing the same. Thereaft...

Dasari Suryamani Vs. Government of Andhra Pradesh and ors.

Court: Andhra Pradesh

Reported in: 2003(6)ALD756; 2004(2)ALT289

ORDERD.S.R. Varma, J.1. Though the matter is listed under the caption 'Interlocutory', at the request of both sides, the main writ petition itself is taken up for hearing and disposal.2. This writ petition is filed seeking a writ of mandamus declaring the proceedings in Rc. No. 666/2003/E1, dated 18-3-2003, issued by the 2nd respondent, as illegal, arbitrary and contrary to G.O. Ms. No. 63, dated 5-3-2003.3. The undisputed facts are that the person who was originally elected as President of Gokavaram Large Sized Credit Co-operative Society Limited, Gokavaram, East Godavari District (for short 'the society'), died on 20-1-2002, and consequently the petitioner, who was also a member of the said Society, was appointed as Chairman to the Committee of persons-in-charge of the Society through proceedings, dated 12-8-2002, for the period from 3-7-2002 to 27-1-2003. The 2nd respondent through the impugned proceedings, dated 18-3-2003, appointed a Committee of persons-in-charge to manage the af...

State Bank of Hyderabad Vs. B. Rangaswamy (Died) Per Lrs. and ors.

Court: Andhra Pradesh

Reported in: 2004(1)ALD645; III(2004)BC125

ORDERB. Prakash Rao, J.1. The petitioner is the plaintiff, who by way of this revision under Section 115 C.P.C. seeks to assail the orders passed in LA. No. 525 of 1998 in O.S.No. 13 of 1985 on the file of the Senior Civil Judge, Wanaparthy dismissing the application filed under Section 152 C.P.C. seeking amendment of the decree.2. The facts, in brief, are that the petitioner had filed the above suit for recovery of money for a sum of Rs. 27,585.50 paisa with future interest at 18% p.a. on the foot of a promissory note. The suit was ultimately decreed as per the judgment and decree dated 5.3.1987 and the Court had granted time for payment of decreetal amount on or before 31.7.1987. However, though the suit was a simple suit for recovery of money, the office drafted the decree as a preliminary decree in a mortgage suit and therefore the decree is to be corrected in exercise of the powers under Section 152 C.P.C. Hence the petition.3. Contesting the application, the case of the responden...