Andhra Pradesh Court October 2004 Judgments
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New India Assurance Co. Ltd. Vs. Commissioner for Workmen's Compensati ...
Court: Andhra Pradesh
Decided on: Oct-28-2004
Reported in: 2004(6)ALD598; 2005(2)ALT143; [2005(104)FLR476]
ORDERV. Eswaraiah, J.1. All these writ petitions are filed by the petitioner-New India Assurance Company Limited to issue a writ of certiorari calling for the records against the similar orders dated 17.10.2003 and 23.10.2003 made in different interlocutory applications in different Workmen's Compensation Cases on the file of the Commissioner for Workmen's Compensation and the Assistant Commissioner of Labour at Nizamabad seeking to set aside the same.2. Heard the learned Counsel appearing for all the parties.3. As the similar issues are involved, all the writ petitions are disposed of by a common order.4. The petitioner-New India Assurance Company Ltd. filed petition under Section 11(1) of the Workmen's Compensation Act (for short 'the Act') to refer the claimant to the Medical Board, Nizamabad for medical examination and report. It is stated in the affidavit filed in support of the petition under Section 11(1) of the Act before the Commissioner for Workmen's Compensation that the cla...
Excise Superintendents Vs. Jama Ramulamma and anr.
Court: Andhra Pradesh
Decided on: Oct-28-2004
Reported in: 2005(1)ALD90
L. Narasimha Reddy, J.1. This civil miscellaneous appeal is filed against the order, dated 12.11.1998, passed by the Commissioner for Workmen's Compensation and Deputy Commissioner of Labour, Hyderabad (Twin Cities) (for short 'the Commissioner') in W.C. Case No. 357 of 1996.2. The first respondent filed the claim stating that her husband by name, Jama Chandraiah, was a toddy tapper and was engaged by the second respondent, the President, Tappers Co-operative Society, Khammam, to tap the toddy trees. It is stated that during the course of employment, he fell down from a tree on 1.5.1996 and died on 9.8.1996 after prolonged ailment. She contended that the appellant herein is the principal employer on account of the fact that he issues the licence and the activity of tapping is controlled and overseen by the appellant.3. The second respondent remained ex parte. The appellant filed a counter-affidavit denying its liability. It was pleaded that there did not exist any relationship of emplo...
P. Prasad and anr. Vs. Shirdi Enterprises
Court: Andhra Pradesh
Decided on: Oct-28-2004
Reported in: 2005(1)ALD787; 2005(1)ALT576
ORDERBilal Nazki, J.1. An application came to be filed by the plaintiff Under Section 152 of the Code of Civil Procedure {for short 'the Code'). The suit had been decreed and the plaintiff claimed that while deciding the issue with respect to interest, the trial Court had held that the plaintiff was entitled for interest @ 12% P.A. from. 16-3-1998 on the balance amount, but while passing the decree the Court had stated that the plaintiff was entitled to receive the balance amount of Rs. 3,60,000/- with interest @ 12% P.A. from the date of decree. Since the plaintiff had been held entitled to interest from 16-3-1998, the interest restricted from the date of decree i.e., 19-3-2003 was a mistake within the meaning of Section 152 of the Code. The trial Court allowed the application and corrected the decree and held that the plaintiff was entitled to interest from 16-3-1998. The revision petition has been filed against this order.2. Even after holding that the plaintiff was entitled to inte...
G. Karuna Kumari Vs. State Bank of India, Waddepally Branch
Court: Andhra Pradesh
Decided on: Oct-28-2004
Reported in: 2005(2)ALD269; 2005(2)ALT474
ORDERG. Rohini, J.1. The defendant in O.S. No. 725 of 2002 on the file of the Court of Principal Junior Civil Judge, Warangal, filed this civil revision petition under Article 227 of the Constitution of India aggrieved by the order dated 13-6-2002 whereunder the suit was ordered to be registered and summons were issued to the defendant.2. The facts, in brief, are as follows:3. The respondent-State Bank of India, Waddepally Branch filed O.S. No. 725 of 2002 seeking recovery of a sum of Rs. 52,155/- alleged to be due from the defendant/petitioner herein. On receipt of the summons, the defendant filed written statement opposing the suit claim. Thereafter, the issues were settled and the trial was taken up. While the matter was coming up for cross-examination of P.W.1, the defendant filed this revision petition contending inter alia that the entire proceedings before the trial Court are vitiated since the plaint was presented with insufficient Court fee and the Court below while granting e...
Yaswitha Constructions (P) Ltd., Rep., by Its Managing Director, M. Pr ...
Court: Andhra Pradesh
Decided on: Oct-27-2004
Reported in: IV(2005)BC288; 2005CriLJ1518
ORDERC.Y. Somayajulu, J.1. 1st respondent filed a complaint against the petitioners under Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the Act') for dishonour of cheque issued to him by the petitioners, which was taken cognizance as C.C.No.172 of 2003 by the II Additional Munsif Magistrate, Markapur. This petition is filed to quash the proceedings in the said C.C. on the ground that there is no valid service of statutory notice under Section 138 of the Act. 2. Principles governing quashing of complaints are well known. For deciding a petition under Section 482 Cr.P.C., to quash the proceedings, this Court has to presume that the allegations in the complaint are true, and if the allegations therein, make out the offence alleged against the accused, question of quashing the complaint does not arise. 3. The specific allegation in the complaint is that on 13.11.2002, the complainant issued a legal notice to the accused and that the accused managed to return th...
Natraj Steels Pvt. Ltd., Rep. by Its Managing Director Potta Sitaram G ...
Court: Andhra Pradesh
Decided on: Oct-27-2004
Reported in: 2004(6)ALD849; 2005(1)ALT463
ORDERV.V.S. Rao, J. 1. M/s. Natraj Steels Private Limited, Rajam, is the petitioner in these three writ petitions. The point raised for consideration is same in all the matters and therefore, it is appropriate to dispose of the three writ petitions by a common order.2. The fact of the matter is not in dispute. The petitioner company purchased 1/3 of undivided interest in an extent of 3969 Sq. yards in Sy. No. 151/15 along with godowns under a registered sale deed dated 8-4-1999. It also purchased similar extent of land by two other sale deeds registered on the same date. It appears to have approached the Sub-registrar for pre-registration enquiry as to stamp duty and after obtaining necessary clarification as to value of the property, it paid the stamp duty for the market value of the land in a sum of Rs.47,710/- (Rupees forty seven thousand seven hundred and ten only). The three sale deeds were registered, as mentioned supra as document Nos. 864 of 1999, 927 of 1999 and 946 of 1999. I...
Challa Venkateswara Rao S/O Lakshminarayana Vs. the Collector and Dist ...
Court: Andhra Pradesh
Decided on: Oct-27-2004
Reported in: 2004(6)ALD816
ORDERG. Bikshapathy, J.1. The order of detention passed by the 1st respondent-The Collector and District Magistrate, Krishna District at Machilipatnam, dated 21.8.2004 is assailed in this Writ Petition 2. The brother-in-law of the petitioner viz., Gunja Venkata Narasaiah alias Venkata Narsi, hereinafter referred to as the detenu, was detained on the ground that he was a 'Bootlegger' within the meaning of Section 2(b) of the Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (Act 1/86) (for short the Act) and that he was acting in a manner prejudicial to the maintenance of public order viz., illicit distillation of liquor which was in his possession was found to be unfit for human consumption and injurious to health. 3. It is the contention of the learned Senior Counsel Mr.C.Padmanabha Reddy appearing for the detenu that the order of detention is not sustainable in law. Apart from vari...
Masarath Jehan Begum Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Oct-27-2004
Reported in: 2004(6)ALD550
Devinder Gupta, C.J. 1. This writ petition is filed in public interest questioning the action of respondents in allotting land to the extent of 1975 square metres to the Commissioner of Backward Classes Welfare for construction of B.C. Bhavan. Grievance of the petitioner is that by Document No.788 of 1356 Fasli, Nawab Nizamath Jung Bahadur of Hyderabad gifted the land to the Department of Medicine, Government of Andhra Pradesh for the purpose of construction of Unani Hospital. It is the submission of the petitioner that purpose should be achieved by respondents in fulfilling the will and desire of the donor of establishing Unani Hospital and not to be used for any other purpose.2. We have heard the learned Counsel for the parties and also gone through the reply filed by Smt. P.Leela, Mandal Revenue Officer, Nampally Mandal, Hyderabad District.3. No doubt, as per the gift deed executed on 12-7-1356 Fasli, gift of the land was made in favour of the Government through the Department of Me...
Banka Kama Raju (Died) by Lr Vs. Noone Kasiviswanadham (Died) by Lrs. ...
Court: Andhra Pradesh
Decided on: Oct-27-2004
Reported in: 2005(1)ALD141; 2005(2)ALT177
L. Narasimha Reddy, J.1. This C.M.A is directed against an order passed by the Executing Court, dismissing an application filed under Rule 105 of Order XXI C.P.C.2. The subject-matter of the appeal is a money suit, and it has got a very long and chequerred career. The first respondent filed O.S. No. 253 of 1968 in the Court of I Additional Senior Civil Judge, Vijayawada, against the first appellant for recovery of a sum of Rs. 51,744/- on the strength of a receipt, dated 21.8.1968. An application under Order 38, Rule 5 C.P.C, was filed and certain items of property were attached, during pendency of the suit. The first appellant denied his liability and disputed the genuineness of the receipt, dated 21.8.1968. The Trial Court decreed the suit on 30.12.1970. In A.S. No. 207 of 1971, the execution of the decree was stayed by this Court, subject to the condition that half of the decretal amount is deposited within three months. On the ground that the condition was not complied with, the fi...
National Research Development Corporation Vs. Electro Flux (P) Ltd.
Court: Andhra Pradesh
Decided on: Oct-27-2004
Reported in: 2005(2)ALD531; 2005(1)ALT683; IV(2005)BC535; [2005]127CompCas23(AP); (2005)6CompLJ370(AP); [2006]66SCL429(AP)
ORDERN.V. Ramana, J.1. This Company Petition, under Sections 433(e) and 434 of the Companies Act, 1956 (for short 'the Companies Act') is filed by M/s. National Research Development Corporation, praying to pass an order of winding up against the respondent, namely M/s. Electro Flux (P) Ltd., and to appoint the Official Liquidator attached to this Court, as Provisional Liquidator to take custody of its assets.2. The petitioner, which is a Government of India enterprise, is a leading research organization in the country. The petitioner states that the respondent approached them for 'know how' to manufacture submerged Arc Welding Flux, and to grant them permission to use the invention with an assurance that they would pay premium and royalty. Accordingly, an agreement was entered into by the petitioner with the respondent on 1-3-1984, whereunder the respondent agreed to pay royalty of Rs. 15,000/- and licence fee for a period of ten years and 2.5% of the proceeds on net ex-factory sale pr...
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