Andhra Pradesh Court October 2004 Judgments
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Anna Venkata Subbaiah Vs. Official Receiver
Court: Andhra Pradesh
Decided on: Oct-04-2004
Reported in: 2004(6)ALD619; 2004(6)ALT749
ORDERD.S.R. Varma, J.1. Heard both sides. Perused the impugned order as well as other material papers on record.2. This civil revision petition is filed under Article 227 of the Constitution of India, being aggrieved by the order, dated 11.12.2003, in C.M.A. No. l of 2003, on the file of the Principal Senior Civil Judge, Kurnool.3. By the impugned order, the Court below dismissed the appeal in C.M.A. No. l of 2003 preferred by the appellant/discharged insolvent under Section 68 of the Provincial Insolvency Act challenging the order of the Official Receiver, Kurnool, dated 27.3.2003, whereunder the Official Receiver rejected the claim of the appellant for withdrawal of the amount in terms of the decree passed by this Court in S.A. Nos.528 and 529 of 1995, dated 27.12.2002.4. The facts of the case, in brief, are that during the pendency of the application made by the petitioner under the Provincial Insolvency Act seeking declaration that he was an insolvent, the property was kept under t...
P. Narayana Reddy Vs. Mandal Revenue Officer, Morthad Mandal and ors.
Court: Andhra Pradesh
Decided on: Oct-04-2004
Reported in: AIR2005AP181; 2004(6)ALD653
ORDERV.V.S. Rao, J.1. The petitioner herein is resident of Palem Village. He is the pattadar of the land in Survey No. 297 of Palem Village. He dug a bore well in 1990, obtained service connection from Electricity Department and using the bore well for irrigating his land. It appears the fourth respondent gave a complaint to the first respondent alleging that the petitioner dug a bore well at a distance of 3.5 meters from the bore well of the fourth respondent without obtaining any permission. Therefore the first respondent by impugned notice/ order dated 30.6.2003 directed the petitioner not to draw the water until further orders. Assailing the same, the petitioner filed the present writ petition raising two grounds: that unless and until the area from which the water can be pumped is notified under Section 9 of the A.P. Water, Land and Trees Act, 2002 (the Act, for brevity), there cannot be imposition of distance rule for digging bore wells; and that impugned order was not preceded b...
Mohammed Abdul Huq Vs. Secretary to the Govt., Education Dept. and ors ...
Court: Andhra Pradesh
Decided on: Oct-04-2004
Reported in: 2004(6)ALD557
ORDERV. Eswaraiah, J.1.The writ petitioner was appointed as Physical Education Teacher on 29.9.1996 at L.R.G. High School, Anantapur. The said post was admitted to grant-in-aid as per the orders of the Government G.O. Ms. No.1214 Education (F1) Department, dated 29.12.1978 with effect from 1.7.1978. Pursuant to the said orders of the Government, the District Educational Officer, Anantapur issued proceedings in Rc.No.14383/B1/90, dated 9.9.1992 approving the post facto appointment of the petitioner by the management, prior to admission of the petitioner to grant-in- aid and prior to G.O. Ms. No.1214 Education (F1) Department, dated 29.12.1978 with effect from 29.6.1966. The petitioner filed an application seeking permission for his voluntary retirement and the same was considered and he was permitted to retire from service with effect from 31.10.1991. After his retirement, the petitioner got his retiral benefits. Thereafter, the petitioner filed a representation to pay the revised pensi...
Kotamreddy Balarami Reddy Vs. Sri Kondandaramaswamy Temple and anr.
Court: Andhra Pradesh
Decided on: Oct-04-2004
Reported in: 2005(1)ALD406; 2005(2)ALT439
L. Narasimha Reddy, J.1. The judgment-debtor in O.S. No. 19 of 1982, on the file of the Senior Civil Judge, Kovur, filed this C.M.A., aggrieved by the rejection of an application filed under Rule 90 of Order 21 C.P.C.2. O.S. No. 19 of 1982 was filed by the 1st respondent, Sri Kodandaramaswamy Temple, Buchireddypalem, against the appellant, in the Court of Subordinate Judge, Kavali, Nellore District. Initially, it was represented by the hereditary Dharmakartha, by name, Dodla Panduranga Reddy. The suit was decreed and the decree became final. In the meanwhile, the Court of Subordinate Judge, Kovur, was formed and the subject-matter of the decree came within the jurisdiction of that Court. Therefore, the E.P. No. 13 of 1995 was filed in that Court. In the course of execution, an item of immovable property belonging to the appellant was brought to sale. He filed E.A. No. 215 of 1999, to set aside the sale. Through its Order dated 21-12-2000, the Executing Court rejected the E.A.3. Sri N. ...
The Public Prosecutor, High Court of A.P. Vs. Banda Gopal Reddy
Court: Andhra Pradesh
Decided on: Oct-04-2004
Reported in: 2005CriLJ584
P.S. Narayana, J.1. The learned Judicial Magistrate of First Class (Excise), Karimnagar, by order dated 12-9-2003, had permitted the defacto-complainant and accused to compound the offence with which the accused had been charged with Sections 430, 447 and 427 of the Indian Penal Code (for brevity 'IPC'). As against the said order, the State preferred the present criminal appeal.2. The learned Additional Public Prosecutor, no doubt, made elaborate submissions and would contend that inasmuch as public interest is involved and also damage had been caused to Tank Bund, a public property, without putting prosecution on notice compounding the offences under Section 320 of the Code of Criminal Procedure (hereinafter referred to as 'Code') is bad in law and hence, the said order is liable to be set aside. The learned Additional Public Prosecutor also would submit that in view of the same, it is a case for admission. Section 320(8) of the Code envisages that the composition of offence under thi...
United India Insurance Co. Ltd. Rep. by Its Regional Manager Vs. Bobbi ...
Court: Andhra Pradesh
Decided on: Oct-04-2004
Reported in: III(2005)ACC170; 2005(2)ALT431
Elipe Dharma Rao, J. 1. This Civil Miscellaneous Appeal is filed by the United India Insurance Company Limited, represented by its Regional Manager, Dabagardens, Visakhapatnam against the award and decree dt. 12-11 -2003 in O.P.No. 1025 of 2002 on the file of the Court of Motor Accident Claims Tribunal-cum-VI-Additional District Judge, Visakhapatnam awarding compensation under Section 166 of the Motor Vehicles Act, for Rs. 2,00,000-00 holding that the appellant herein and Respondent Nos. 2 and 3 herein are jointly and severally liable to pay compensation to the Respondent No. 1 on account of the death of the Respondent No. 1-claimant's husband who was working as cooli and earning Rs. 3,000/- per month. On 30-10-2001 while the deceased along with his co-villagers went to weekly shandy at Kothavalasa on his cycle and by the time when he reached Tummakapalli gate, one Tata Sumo bearing No. AP-31-J-9777 came in his opposite direction in a rash and negligent manner and dashed, against the d...
Worldwide Diamond Manufacturers (P) Ltd. and anr. Vs. Presiding Office ...
Court: Andhra Pradesh
Decided on: Oct-01-2004
Reported in: 2004(6)ALD715; (2005)ILLJ980AP
V. Eswaraiah, J.1. Heard the learned Counsel appearing for the petitioners as well as the respondents.2. The petitioners in all these writ petitions are one and the same and the second respondent is a different workman in all the writ petitions. The petitioners filed these writ petitions to issue a writ of certiorari, calling for the records relating to individual Interlocutory Applications filed in different Industrial Disputes filed by the concerned second respondent in each of the industrial dispute and to quash the order dated 19-1-2004 made in the Interlocutory Applications.3. The petitioners' company is the Private Limited Company, engaged in the business of polishing rough diamonds of its clients and exporting the same. The concerned second respondent in each of the writ petitions were appointed as trainees. It is stated that the said workmen were disengaged. Aggrieved by the same, the workmen raised conciliation proceedings and thereafter filed an application under Section 2-A(...
Appasani Veera Venkata Satyanarayana Murthy and anr. Vs. Chekka Veera ...
Court: Andhra Pradesh
Decided on: Oct-01-2004
Reported in: 2004(6)ALD666; 2005(1)ALT304; III(2005)BC253
B. Prakash Rao, J.1. This matter is coming up before us for consideration on a reference made by one of us (BPR, J.) on the question as to, whether in an appeal filed at the instance of defendant against a decree obtained by the plaintiff for recovery of money, though not awarding interest, the Appellate Court can award interest in exercise of powers under Rule 33 of Order XLI C.P.C. in the absence of any appeal preferred by the plaintiff.2. Heard Sri M.S. Ramachandra Rao, learned Counsel appearing for the appellants and Sri K. Subramanyam, the learned Counsel appearing for the respondents.3. The facts, which are not in dispute and in brief, are that the appellants herein are the Defendants 1 and 2 and the suit filed by the respondents/plaintiffs herein is for dissolution of firm and rendering accounts against the Defendant No. 1 and payment of amounts found due. After contest, a preliminary decree was passed dissolving the firm and fixing the liability to render accounts and the exten...
Shaik Mahamoob Basha Vs. Apsrtc and ors.
Court: Andhra Pradesh
Decided on: Oct-01-2004
Reported in: 2004(6)ALD675
ORDERV. Eswaraiah, J.1. The petitioner has filed this writ petition questioning the order, dated 13.7.2000 of the 2nd respondent.2. The 2nd respondent, passed the impugned order in the review petition, filed by the petitioner against the order of removal from service, dated 3.5.2000 confirmed by the appellate authority, vide proceedings dated 20.6.2000. The 2nd respondent in the impugned order upheld the charges proved against the petitioner as the action taken by the disciplinary authority is quite justified, but however, a lenient view has been taken by appointing him afresh as Conductor Grade-II. That order has been questioned by the petitioner on the ground that the action of the respondents in appointing him as Conductor Grade-11 afresh without continuing him in the service and without back wages and other attendant benefits as illegal and arbitrary.3. The petitioner, while performing his duties as Conductor on 18.12.1999 on the vehicle bearing No. AP10Z 2801 on the route Hyderaba...
Oriental Insurance Co. Ltd. Vs. Kadiam Yestorama and ors.
Court: Andhra Pradesh
Decided on: Oct-01-2004
Reported in: 2005(1)ALD617
L. Narasimaha Reddy, J.1. This appeal is filed by the Oriental Insurance Company, assailing the order, dated 20.4.1999, passed by the Commissioner for Workmen's Compensation and Deputy Commissioner of Labour, Guntur (hereinafter referred to as 'the Commissioner') in W.C. Case No. 7 of 1996.2. Respondents 1 and 2 submitted a claim before the Commissioner stating that late Yesupadam, the husband of the 1st respondent and father of 2nd respondent, was working as a Cleaner on a vehicle bearing No.AIW 4419, and on 8.9.1995, at about 11.00 p.m. when the vehicle was on the way to Piduguralla in Guntur District with a coal load, he fell down and died. They claimed a sum of Rs. 1,50,000/-, as compensation. The 3rd respondent herein, the owner of the vehicle, did not oppose the claim. The appellant herein filed a counter denying its liability. It disputed the existence of relationship of employer and employee between the Respondent No. 3 and the deceased. It was also pleaded that the conditions ...
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