Andhra Pradesh Court August 2003 Judgments
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N. Jayalaxmi Vs. R. Veeraswamy and anr.
Court: Andhra Pradesh
Decided on: Aug-22-2003
Reported in: 2003(5)ALD776; 2003(6)ALT186; 2004(1)ARBLR31(AP); [2004]52SCL709(AP)
ORDERV.V.S. Rao, J. 1. An important question regarding the power of arbitrator/arbitral tribunal to terminate proceedings in the light of Section 25 of the Arbitration and Conciliation Act, 1996 'the Arbitration Act' for brevity) falls for consideration in this writ petition.2. The chronology of events leading to filing of this writ petition may be noticed in brief as follows. The second respondent namely, the Airports Authority of India granted licence to use land admeasuring 1500 Sq.yds. (1253.13 Sq.mtrs.) to the petitioner for a period of three years. The licence was granted for construction of godown for storage of LPG cylinders and office. The licence fee was fixed at Rs. 9,097/- per month for the year 1994; Rs. 10,007.26p. per month for the year 1995; Rs. 1l,008.75p. per month for the year 1996; and Rs. l2,109.41p. per month for the year 1997. The petitioner constructed godown measuring 40 x 100 ft. with asbestos roof. She also constructed an office room with dimensions 20 x 40 f...
Kavali Roller Flour Mills Private Limited Vs. A.P. Electricity Board a ...
Court: Andhra Pradesh
Decided on: Aug-22-2003
Reported in: 2003(6)ALD12; 2004(2)ALT427
ORDERD.S.R. Varma, J.1. This Court initially dismissed the writ petition on 24.1.2003 following the judgment of the Division Bench of this Court in Rayalaseema Roller Flour Mills v. A.P.S.E.B. Hyderabad, : 1998(1)ALD543 , and also on the decision of the Apex Court in S.LP. No. 13004/1989.2. Subsequently, the learned Counsel for the petitioner represented that this Court while dismissing the writ petition did not take into consideration the law laid down by the Apex Court with regard to the situation that arose due to the earlier interim orders of this Court. He stated that this Court granted interim directions in favour of the petitioner and by virtue of the said direction, the petitioner was extended the subsidy during the pendency of the writ petition and in view of the dismissal of the writ petition though the petitioner repaid the subsidy availed by him, the respondents are demanding to pay the surcharge on that amount, treating as if the petitioner had paid the amount belatedly. H...
Srinivasa Convent Aided High School (Telugu Medium) Vs. Government of ...
Court: Andhra Pradesh
Decided on: Aug-22-2003
Reported in: 2003(5)ALD471
ORDERV.V.S. Rao, J.1. The petitioner is an aided school at Indrapalem near Kakinada Town in East Godavari District. It assails the Government Memo No. 7549/PS-2/2002-2, dated 16-10-2002 as illegal, improper and violative of principles of natural justice. It also seeks a declaration that there are no circumstances warranting exercise of power by the State Government under Rule 21 of the A.P. Educational Institutions (Establishment, Recognition, Administration and Control of Schools under Private Managements) Rules, 1993 (hereafter called 'the Rules') issued vide G.O. Ms. No. 1, Education (P.S.2) Department, dated 1-1-1994.2. The facts in brief leading to filing of the writ petition are as follows. The petitioner established a Telugu Medium High School in 1985 to cater to the educational needs of Indrapalem. In 1992, Vivekananda Educational Society, established an English Medium High School in the same locality. In 1998, the said Society established a Telugu Medium upper primary school a...
United India Insurance Company Limited Vs. Eda Anjanamma and ors.
Court: Andhra Pradesh
Decided on: Aug-22-2003
Reported in: I(2004)ACC617; 2005ACJ1921; 2004(1)ALD117
G. Yethirajulu, J.1. This appeal is preferred by the United India Insurance Company, Kurnool against the order of the Motor Accident Claims Tribunal-cum-II Additional District Judge, Kurnool ('the Tribunal' for brevity) in O.P. No. 160 of 1993.2. A person by name E. Venkata Ramana died in a tractor accident occurred on 3-9-1992. His wife, father and mother filed an application under Section 166 of the Motor Vehicles Act claiming a compensation of Rs. 2,00,000/- under various heads. During the pendency of the petition the father of the deceased died, therefore, the claim made by him stood abated. The Tribunal after taking into consideration the evidence adduced by both parties awarded Rs. 94,400/-under various heads and made the appellant jointly and severally liable along with the owner of the vehicle to pay the compensation amount.3. The insurance company being aggrieved by the order of the Tribunal making it liable to pay the compensation preferred this appeal challenging its validit...
United India Insurance Company Limited Vs. G. Kishen Rao and ors.
Court: Andhra Pradesh
Decided on: Aug-22-2003
Reported in: II(2004)ACC249; 2004(1)ALD626
G. Yethirajulu, J.1. This appeal is preferred by the United India Insurance Company Ltd., Sangareddy against the order of the Motor Accident Claims Tribunal-cum-District Judge, Sangareddy ('the Tribunal' for brevity) in O.P.No. 389 of 1991.2. The first claimant by name Kishan Rao met with a motor vehicle accident on 6-6-1985 and received multiple injuries and fracture to his right leg. He made an application under Section 110-A of the Motor Vehicles Act, 1939 ('the Act' for brevity) claiming compensation of Rs. 1,50,000/- for the injuries received by him in the accident. The Tribunal awarded Rs. 83,000/- with interest and costs.3. The appellant being aggrieved by the order of the Tribunal preferred this appeal challenging the quantum of compensation.4. On 6-6-1985 while the first claimant was going on his motorcycle, a jeep came in the opposite direction and dashed against him. He was admitted in the Government Civil Hospital, Siddipet and after first aid he was referred to Gandhi Hosp...
Udipi Sri Anand Bhavan Vs. Regional Director, Employees' State Insuran ...
Court: Andhra Pradesh
Decided on: Aug-22-2003
Reported in: (2004)ILLJ647AP
G. Yethirajulu, J.1. This appeal is preferred by Udipi Sri Anand Bhavan, Nizamabad against the orders of the Employees' Insurance Court-cum-Industrial Tribunal-I, Hyderabad in E.I. Case No. 25 of 1996.2. The appellant is a hotel situated at Nizamabad. It was registered under A. P. Shops and Establishments Act. The appellant is engaging workers in the manufacture of tiffins, coffee etc., by using grinder and bottle cooler operated with power. The authorities under the Employees' State Insurance Act brought the appellant hotel within the purview of the Employees' State Insurance (Amendment) Act, 1989 ('the Act' for brevity) informing that it was provisionally brought within the purview of the Act with effect from October 1, 1990. The authorities demanded contribution from the appellant as per Sections 39 and 40 of the Act. The appellant did not question the provisional assessment made by the authorities, therefore, they confirmed the order under Section 45-A of the Act and requested the ...
Shashi Finance Corporation Vs. Super Shine Abrasives (P) Ltd. and ors.
Court: Andhra Pradesh
Decided on: Aug-22-2003
Reported in: 2003(2)ALD(Cri)634; II(2004)BC172; [2005]126CompCas10(AP)
K.C. Bhanu, J. 1. This criminal appeal is directed against the judgment of acquittal dated 29.10.1999 in C.C. No. 149 of 1998 on the file of the II Metropolitan Magistrate, Hyderabad.2. Shashi Finance Corporation represented by its General Power of Attorney filed a complaint against the accused under Section 138 of Negotiable Instruments Act, hereinafter referred as 'the Act', alleging that the accused borrowed a sum of Rs. 50,000/- for their business financial necessities and against which they issued an account payee cheque dated 30.7.1997 drawn on State Bank of Hyderabad, Shapurnagar Branch, towards repayment of the said borrowing. When the cheque was presented to the Bank, it was returned for insufficient funds. Thereafter, the complainant got issued legal notice dated 12.2.1998 to the accused by registered post and also under certificate of posting. But the accused managed to return the notice sent. Therefore, it is deemed service of notice. When the accused failed to pay the amou...
Smt. Natari Parvati Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Aug-22-2003
Reported in: 2003(2)ALD(Cri)731; I(2004)DMC237
K.C. Bhanu, J.1. This criminal appeal is directed against the order of acquittal in C.C. No. 365 of 1995 on the file of the Judicial Magistrate of First Class, Gudur.2. The brief facts that are necessary for disposal of the present case are as follows : The marriage of Paravathi with A-1 took place about 11 years prior to 13.5.1995 at Kodandaramaswamy Temple at Gudur according to Hindu customs. Three years after the marriage, Parvathi gave birth to a female child and the child died subsequently. After the death of the child, A-1 started harassing P.W. 1 as she did not beget further children and started ill-treating her that he would marry second time. A-1 also compelled P.W.1 to sign on papers and to give consent for the second marriage. But P.W. 1 refused to do so. Subsequently, A-1 started ill-treating her demanding to get 25,000/- as additional dowry from her father. Her father did not pay the amount. Subsequently, A-1 married A-2, who is the daughter of A-4 and A-5. A-3 is the brot...
Sakary Viswanatha Rao and ors. Vs. K. Manikyamma and anr.
Court: Andhra Pradesh
Decided on: Aug-22-2003
Reported in: 2004(1)ALT651
G. Yethirajulu, J. 1. This appeal is preferred by the petitioners in E.A.No. 148 of 1993 in E.P.No. 70 of 1986 in O.S.No. 56 of 1977 on the file of the Subordinate Judge, Adoni under Order 21 Rule 58 C.P.C.2. The appellants filed the above execution application praying to raise the attachment in respect of the petition schedule house property and to dismiss the execution petition to the extent of the suit house.3. The first respondent is the mother of the second respondent. The second respondent filed O.S.No. 56 of 1977 on the file of the Subordinate Judge, Adoni for partition and separate possession of immovable properties. The mesne profits were also awarded in favour of the second respondent to be recovered from the first respondent to a tune of Rs. 1,33,655-25 ps. In pursuance of the final decree passed in O.S.No. 56 of 1977 the second respondent filed E.P.No. 70 of 1986 seeking attachment of the properties, including the suit house and for sale of the properties in public auction ...
M. Veera Swamy and ors. Vs. Mandal Revenue Officer, Sankavaram Mandal
Court: Andhra Pradesh
Decided on: Aug-20-2003
Reported in: 2003(5)ALD743
ORDERV.V.S. Rao, J.1. The land admeasuring Ac.23.21 cents in Survey Nos. 7/1B-1, 7/3A and 149 of Arempudi Village in Sankavaram Mandal, East Godavari District is the subject-matter of dispute in these two writ petitions. It is therefore expedient to dispose of both the writ petitions by a common order.2. The writ petition being W.P. No. 23809 of 2002 is filed by Veeraswamy, M. Bhaktavatsalam, M. Suryaprakasa Rao who are sons of one late Neelaiah and M. Srinivas, S/o late Satyanarayana of Arempudi Annavaram Village and post. Sankavaram Mandal, East Godavari District. They sought a writ of mandamus declaring the action of the Mandal Revenue Officer, Sankavaram in interfering with the peaceful possession of the petitioners in respect of the land admeasuring Ac.23.21 cents comprised in Survey Nos. 7/1B-1,' 7/3A and Survey No. 8 of the said village. They also seek a consequential direction to the respondent not to interfere with the agricultural activities carried on by them in the said lan...
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