Andhra Pradesh Court November 2004 Judgments
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Toddy Tappers Co-operative Society Vs. Prohibition and Excise Inspecto ...
Court: Andhra Pradesh
Decided on: Nov-16-2004
Reported in: 2005(1)ALD172; 2005(1)ALT386
ORDERB. Prakash Rao, J.1. Since common question is involved in all these writ petitions, they are being taken up together for disposal.2. Heard Sri K. Ramakrishna Reddy and Sri D. Prakash Reddy, learned Senior Counsel appearing on behalf of the petitioners-societies, and the learned Advocate General on behalf of the respondents.3. In all these writ petitions, the petitioners, who are Toddy Tappers Co-operative Societies, seek a writ of mandamus declaring action of the respondents in closing down toddy shops of their societies without issuance of notice or any order, and preventing them from conducting business of tapping, transporting and selling of toddy as illegal, arbitrary apart from opposed to principles of natural justice and violative of Article 21 of the Constitution of India.4. The facts which are necessary for disposal of these writ petitions are that the petitioner societies were given licences in the year 2003 for varying periods, some restricting to the Excise Year 2003-20...
Gauri Reddy Vs. Ntr University of Health Sciences
Court: Andhra Pradesh
Decided on: Nov-16-2004
Reported in: 2005(1)ALD391
ORDERV.V.S. Rao, J.1. A common question is involved in both these writ petitions. Therefore, though both the writ petitions were heard on different dates, i.e., W.P. No. 12875 of 2004 was heard on 26.10.2004 and W.P. No. 13555/2004 was heard on 3.11.2004, they are being disposed of by this common order. The question of considerable importance that falls for consideration in these two writ petitions is whether competent authority i.e., N.T.R. University of Health Sciences (hereafter called, the University) while filling up the seats in I year M.B.B.S., course reserved for special categories like N.C.C. and games/sports as per Rule 9(3) of Andhra Pradesh Government Professional Institutions (Regulations of Admissions into Under Graduate Medical and Dental Professional Courses) Rules, 2003 (for short, 'the Rules') is required to keep 15% of such seats reserved for special categories as unreserved to be filled up with the candidates not belonging to any of the local areas, namely, Andhra U...
Kaki Anjulamma and anr. Vs. Ponugumati Koteswara Rao and anr.
Court: Andhra Pradesh
Decided on: Nov-16-2004
Reported in: 2005(1)ALD256; 2005(2)ALT634
L. Narasimha Reddy, J.1. These two C.M.As. arise out of a common order dated 28.6.2002, passed by the Court of II Additional District Judge, Vijayawada, in Succession O.P.Nos.426 of 1998 and 709 of 1998.2. For the sake of convenience, the parties are referred to as arrayed in C.M.A. No. 2227 of 2002.3. Anjulamma, the first appellant, Terajamma, the second respondent, Santhamma and Karla Rayappa are the children of the same parents. The second appellant is the son of Karla Rayappa and the first respondent is the son of Terajamma, the second respondent. Santhamma was employed in the South Central Railway as Record Sorter. She died on 10.7.1998. Though she was married, her husband is said to have deserted her. She is said to have nominated the first respondent to receive her service benefits.4. After the death of Santhamma, the appellants filed O.P. No. 426 of 1998, Under Sections 372 and 373 of the Indian Succession Act, for grant of succession certificate in respect of the amounts payab...
National Insurance Co. Ltd. Vs. M. Lalitha and anr.
Court: Andhra Pradesh
Decided on: Nov-16-2004
Reported in: 2005(1)ALD568; [2005(105)FLR336]
L. Narasimha Reddy, J.1. This C.M.A. is filed under Section 30 of the Workmen's Compensation Act (hereinafter referred to as 'the Act') against the order dated 20-9-2001 by the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Hyderabad-I, in WC No. 69 of l999.2. The 1st respondent herein presented the claim before the Commissioner alleging that her husband, by name, Chittari was employed as Foreman with the 2nd respondent, and that on 12-3-1999, when he was returning after completion of duties, met with an accident at Balanagar, and died as a result of the injuries. She claimed compensation of Rs. 5,55,910/-, under the provisions of the Act.3. The 2nd respondent and the appellant herein opposed the claim. According to them, the accident did not take place during the course of employment and thereby, they are not liable. The 1st respondent was examined as PW-1 and Exs. A-1 to A-5 were marked on her behalf. The 2nd respondent herein was examined as RW-1 and E...
Simmiti Arjuna Vs. Pappala Narasaiah and anr.
Court: Andhra Pradesh
Decided on: Nov-16-2004
Reported in: 2005(1)ALD396; 2005(1)ALT403
ORDERV.V.S. Rao, J.1. The petitioner was elected as Sarpanch in the election for the office of Sarpanch of Lemarthi Agraharam Village, Paravada Mandal, Visakhapatnam District. The petitioner herein secured 444 votes, first respondent secured 443 votes, and another contestant, Sri Narsinga Rao, secured 130 votes. The petitioner's election was challenged by first respondent in E.O.P. No. 22 of 2001 on the file of the Court of Principal Junior Civil Judge-cum-Election Tribunal, Anakapalli. The only ground on which the election of the petitioner was challenged is that the votes in Booth No. 5 at Serial Nos. 792 and 793 of Lemarthi Agraharam Village are also registered voters of Edulapaka Bonangi Village at Serial Nos. 981 and 982 of the voters list of the said village, and that those two voters having voted in both Gram Panchayat Elections those two votes are invalid votes. The petitioner herein opposed the election petition inter alia contending that he is not aware whether the two voters...
K.S. Jagadeesh Vs. S. Syed and anr.
Court: Andhra Pradesh
Decided on: Nov-16-2004
Reported in: 2005(3)ALT26
ORDERElipe Dharma Rao, J.1. This Civil Miscellaneous Appeal under Section 173 of the Motor Vehicles Act, 1988, is directed against the Award, passed in M.V.O.P.No. 370 of 2002, dated 29-06-2004, on the file of the District Judge-cum-Chairman, Motor Accidents Claims Tribunal, Chittoor.2. The brief facts, which are necessary to dispose of this appeal, are that on 26-02-2002 at about 9.30 a.m., while the appellant-claimant was going on his cycle on Chittoor-Puttur road and when he reached in front of the Government ITI main gate, a lorry bearing No. AAC 5330 came behind him, being driven by its driver rashly and negligently and dashed the claimant, as a result of which, the claimant fell down on the left side of the road and sustained grievous injuries. Immediately, he was shifted to the Government Hospital, Chittoor, thereafter, he was shifted to CMC hospital, Vellore, wherein he was treated as in-patient for a week and later he was treated as out-patient. Therefore, the claimant made a ...
Kavila Vasudeva Das and anr. Vs. Union of India (Uoi)
Court: Andhra Pradesh
Decided on: Nov-16-2004
Reported in: III(2005)ACC111; 2005(2)ALD125; 2005(2)ALT435
L. Narasimha Reddy, J.1. This appeal, under Section 23 of the Railway Claims Tribunal Act, arises out of an order dated 14-12-2001 passed by the Secunderabad Bench of the Railway Claims Tribunal, in OAA No. 213 of2000.2. The 1st appellant is the husband and the 2nd appellant is the daughter of late Kavila Komalangi. They filed OAA No. 213 of 2000 before the Tribunal with the following pleadings: The 1st appellant is a retired railway employee. He was issued a first class complimentary pass by the concerned Railway Authority, by Khurda Road, Orissa State, enabling him and his family members to travel from Tatanagar to Tirupati, between 21-6-2000 to 20-10-2000. The 1st appellant and his wife boarded Konark Express on 14-9-2000 at Berhampur for travelling to Visakhapatnam, for the purpose of distribution of wedding cards, for the marriage of the 2nd appellant, and that when the train was moving at Simhachalam Railway Station, his wife by name, Komalangi, fell down and died instantly. The ...
Ldc Yashwant Singh Vs. Union of India (Uoi) and ors.
Court: Andhra Pradesh
Decided on: Nov-11-2004
Reported in: 2005(1)ALD53
ORDERG. Yethirajulu, J.1. The petitioner is a Civilian Servant serving the Army. It is not disputed that he is governed by the Classification, Control and Appeal Rules, 1965 (for brevity 'CCA Rules'). There is an allegation against the petitioner that he collected Rs. 6 lakhs during July, 2003 from outsiders promising recruitment to the post of GD (Soldier) at 1 EME Centre, Secunderabad. After issuing the necessary show-cause notice, the impugned notice dated 3-11-2004 was issued by the third respondent directing the petitioner to assemble at 17.00 hours on 11.11.2004 for the Court of enquiry. The petitioner being aggrieved by the said notice approached this Court. Therefore, this writ petition is challenging the notice on the ground that the Army Act is not applicable to the petitioner and that the CCA Rules are applicable to him.2. The petitioner contended that since the petitioner is governed by CCA Rules, the enquiry has to be conducted by a Civilian Officer and not an Army Officer...
Berger Paints India Ltd. and anr. Vs. Syed Vicaruddin
Court: Andhra Pradesh
Decided on: Nov-11-2004
Reported in: 2005(1)ALD154; 2005(1)ALT614
L. Narasimha Reddy, J.1. This C.M.A is filed against the order, dated 25.3.2004, passed by the learned V Senior Civil Judge, City Civil Court, Hyderabad, in IA No. 1498 of 2003 in O.S. No. 1834 of 2002.2. The respondent is the owner of a non-residential premises. He leased the same to the appellants. Disputes arose as to the termination of the lease and the consequences arising out of the vacation of the premises. The respondent filed the suit for recovery of a sum of Rs. 4,54,384/-, towards damages of different categories, against the appellants. On the ground that they have not filed the written statement even after entering appearance, the appellants were set ex parte on 18.7.2003. Thereafter, the Trial Court proceeded to decree the suit on the basis of an affidavit filed, in lieu of chief-examination, on 2.9.2003.3. The appellants filed LA. No. 1498 of 2003 under Order 9 Rule 13 C.P.C., to set aside the ex parte decree. It was pleaded that the local Administrative Officer, who was ...
Kummari Jangaiah (Died) Per Lr. and ors. Vs. Somavarapu Savithri and o ...
Court: Andhra Pradesh
Decided on: Nov-11-2004
Reported in: 2005(1)ALD410; 2005(2)ALT578
L. Narasimha Reddy, J.1. The Respondents 2, 3 and 4, in A.S. No. 91 of 2000, on the file of HI Additional District Judge, Ranga Reddy District, Hyderabad, are the appellants in this C.M.A. They challenge the judgment, dated 22.7.2003, passed by the lower Appellate Court, remanding the matter for fresh disposal to the Trial Court.2. The first respondent herein filed O.S. No. 385 of 1991, on the file of II Additional Senior Civil Judge, Ranga Reddy District, for the relief of specific performance of an agreement of sale, dated 30.4.1987, and for perpetual injunction, in respect of the suit schedule property. She pleaded that the father of the appellants, by name, Jangaiah, who was impleaded as Defendant No. 1, was the owner of the land in Survey Nos. 17 and 18 of Kothaguda Village, Sherilingampally Mandal. He is said to have entered into an agreement of sale in favour of two persons, by name, Mallaiah and Sathaiah, to sell an extent of one acre of land. It was pleaded that she entered in...
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