Andhra Pradesh Court November 2004 Judgments
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Burla Venugopalakrishna Vs. State of A.P. and anr.
Court: Andhra Pradesh
Decided on: Nov-11-2004
Reported in: 2005CriLJ1164
P.S. Narayana, J.1. The appellant/A-2 aggrieved by the conviction under Section 376(2)(g), I. P. C. and sentencing him to undergo Rigorous Imprisonment for a period of 10 years and to pay a fine of Rs. 1,000/-, in default to undergo Simple Imprisonment for one year, imposed in S. C. No. 83/2001 on the file of Sessions Judge-cum-Mahila Court, Vijayawada, had preferred the present Criminal Appeal.2. It is brought to the notice of the Court that A-3 died and hence the case stood abated as against A-3. It is also brought to the notice of this Court that A-1 did not prefer any Appeal.3. Sri Srirama Krishna, the learned counsel provided by Legal Aid to the appellant/A-2 would contend that except the evidence of P. W.-1 there is no other evidence available on record and the medical evidence also is doubtful about the commission of the offence of rape. The learned counsel also had pointed out several infirmities in the medical evidence and the improbability in the version of PW-1. The learned ...
New India Assurance Company Limited Vs. Devalla Chinnaiah and ors.
Court: Andhra Pradesh
Decided on: Nov-11-2004
Reported in: II(2005)ACC856; 2006ACJ1874; 2005(3)ALT28; [2005(106)FLR231]
L. Narasimha Reddy, J.1. This Civil Miscellaneous Appeal is filed under Section 30 of the Workmen's Compensation Act (for short 'the Act') assailing the Order, dated 30-09-2000, passed by the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Nizamabad (for short 'the Commissioner'), in W.C.No. 94 of 1998.2. Respondents 1 to 4 submitted a claim alleging that one Devulla Venkati, son of respondents 1 and 2 and brother of respondents 3 and 4, was employed as a labourer under the 5th respondent to work on a Tractor bearing No. AP-25-B-992 and Trailer bearing No. AP-25-B-993. It was stated that on 24-03-1998, on account of rash and negligent driving of the Tractor by the driver, Devulla Venkati sustained injuries and subsequently died on account of the same. Crime No. 15 of 1998 is said to have been registered in the Police Station, Kundanpur. They pleaded that the deceased was aged about 20 years and was being paid daily wages. The appellant herein, the insurer ...
M. Butchi Reddy and ors. Vs. Revenue Divisional Officer/Land Acquisiti ...
Court: Andhra Pradesh
Decided on: Nov-10-2004
Reported in: 2005(1)ALD13
B. Sudershan Reddy, J.1. These three appeals are being disposed of by a common judgment since all of them are directed against the award and decree passed by the learned Senior Civil Judge at Nalgonda in OP No. 62 of 1995 dated 8.8.2000.2. The claimants are the appellants in AS Nos.3790 and 3791 of 2000. The Land Acquisition Officer is the appellant in AS No. 3784 of 2000.3. In order to consider as to whether the award and decree under appeal suffers from any infirmities requiring our interference, few relevant facts may have to be noticed.4. That altogether, an extent of Ac.370.09 guntas of land in various survey numbers situate at Kondapur Village of P. A. Pally Mandal, Nalgonda District were acquired for a public purpose of construction of filteration plant and pumping station at Kondapur Village of Nalgonda District. The draft notification appears to have been revised later indicating that the acquisition is confined only to an extent of Ac.321.14 guntas of patta land and Ac.9.19 g...
M. Butchi Reddy and ors. Vs. Revenue Divisional Officer/Land Acquisiti ...
Court: Andhra Pradesh
Decided on: Nov-10-2004
Reported in: 2005(1)ALT226
B. Sudershan Reddy, J.1. These three appeals are being disposed of by a common judgment since all of them are directed against the award and decree passed by the learned Senior Civil Judge at Nalgonda in O.P. No. 62 of 1995 dated 8-8-2000.2. The claimants are the appellants in A.S. Nos.3790 and 3791 of 2000. The Land Acquisition Officer is the appellant in A.S. No. 3784 of 2000.3. In order to consider as to whether the award and decree under appeal suffers from any infirmities requiring our interference, few relevant facts may have to be noticed.4. Altogether, an extent of Ac. 370.09 guntas of land in various survey numbers situate at Kondapur village of P.A. Pally Mandal, Nalgonda District were acquired for a public purpose of construction of filteration plant and pumping station at Kondapur village of Nalgonda District. The draft notification appears to have been revised later indicating that the acquisition is confined only to an extent of Ac.321.14 guntas of patta land and Ac.9.19 ...
T. Veeraiah Vs. the Person-in-charge, the Narsaraopet Taluq Fishermen ...
Court: Andhra Pradesh
Decided on: Nov-09-2004
Reported in: 2005(1)ALD71; 2005(1)ALT338
G. Yethirajulu, J.1. The petitioner claims that he is one of the members of the first respondent-Fishermen Cooperative Society. He contends that there are 812 members in the Society as on 31-12-2001. They belong to Scheduled Tribe and their main avocation is fishing. Till recently the Society was managed by the Executive Committee consisting of eleven (11) members. He was one of the co-opted members of the said Committee. All the eligible members are voters for the election of the Managing Committee of the Society. The Managing Committee was superceded and the first respondent-person-in-charge was appointed to manage the affairs of the Society. The first respondent has no authority to take policy decisions. He has no authority either to remove the members or to admit them without calling for the General Body Meeting of the Society. The first respondent in utter disregard of the law is acting contrary to the interest of the members of the society. The respondents 3 and 4 have the knowle...
Smt. Padmamma Vs. A.V.R. Narsimha Rao, S.i. of Police and anr.
Court: Andhra Pradesh
Decided on: Nov-09-2004
Reported in: 2005CriLJ1160
P.S. Narayana, J.1. Heard Sri Raghunath, counsel representing the appellant and also Smt. Jhansi, representing B. Audinarayana Rao, counsel representing first respondent and the learned Additional Public Prosecutor.2. Sri Raghunath, learned counsel representing appellant with all vehemence would contend that this is a typical case of torture and ill-treatment of a woman, who made a request to the first respondent-accused to take action against the offender and instead of taking action against the offender, the first respondent-accused beat the complainant-appellant. Learned counsel also would submit that the evidence of P.W.1 is well supported by her daughter P.W.2 and in the light of the evidence available on record, the evidence of P.Ws.1 and 2, Exs. P2 and P3 the photographs and Exs. P4 and P5 the negatives and the news item published in Ex. P6 and also the wound certificate Ex. P7 the prosecution was able to establish the charge as against first respondent-accused beyond all reason...
Merbanc Financial Services Limited Vs. Chilipi Krish Garments (P) Ltd. ...
Court: Andhra Pradesh
Decided on: Nov-09-2004
Reported in: 2005CriLJ1823
P.S. Narayana, J.1. This Criminal Appeal is filed as against the order of an acquittal recorded in C.C. No. 820 of 1997 on the file of the XV Metropolitan Magistrate, Hyderabad as against A4. The complaint as against A-5 was dismissed as not pressed on 20.02.1998. It is also brought to the notice of this court that as against the conviction, A-1 to A-3 preferred Criminal appeal No. 347 of 1998 on the file of the Metropolitan Sessions Judge, Hyderabad and the same is pending disposal.2. Sri Viswanadha Reddy, learned counsel representing the appellant-complainant would submit that there is a specific averment in the complaint as against A-4. Apart from this aspect of the matter, P.W.1 specifically deposed that A-2 to A-5 approached the complainant on behalf of A-1 company, who have been looking after the day-to-day affairs of A-1 company and they entered into an agreement for the purpose of bill discounting facility for an amount of Rs. 5 lakhs and in view of the specific stand taken by ...
VikaruddIn Ali Khan @ Rasheed Nawab and anr. Vs. Syed Abdul Majid and ...
Court: Andhra Pradesh
Decided on: Nov-09-2004
Reported in: AIR2005AP112; 2005(1)ALD54; 2005(1)ALT775
L. Narasimha Reddy, J.1. This C.M.A arises out of an order, passed by the Court of I Additional Senior Civil Judge, City Civil Court, Hyderabad, rejecting an application filed under Rule 90 of Order XXI C.P.C. The facts, which gave rise to this C.M.A, are as under:2. O.S. No. 790 of 1984 was filed in the Court of I Additional Senior Civil Judge, City Civil Court, Hyderabad, by one Seshi Kumar Mohatta, the 5th respondent herein, against Mir Ibrahim Ali Khan (deceased 6th respondent), for recovery of a sum of Rs. 4, 43, 430/-. The first appellant appears to have been shown as Defendant No. 2, more in his capacity as G.P.A, and not as an independent debtor or guarantor. During the pendency of the suit, 6th respondent died and his legal representatives, Respondents 7 to 14 herein, were brought on record as Defendants 2 to 9. The suit was decreed on 27.8.1991. The name of the first appellant was not shown as a judgment debtor; in the decree. The Respondents 7 to 14 alone, figured as judgmen...
Addala Prabhavathi and ors. Vs. M.N.V.S. Murali Krishna and anr.
Court: Andhra Pradesh
Decided on: Nov-09-2004
Reported in: II(2005)ACC868; 2006ACJ1524; 2005(1)ALD265; 2005(3)ALT31; [2005(106)FLR72]
L. Narasimha Reddy, J.1. The claimants in W.C. Case No. MP.1 of 2001, filed Under Section 10 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act'), before the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Rajahmundry (for short 'the Commissioner'), are the appellants. Through his order, dated 10.8.2001, the Commissioner refused to entertain the claim of the appellants, on the ground that, it was presented beyond the prescribed period of limitation, and that there are no grounds to condone the delay.2. The appellants presented a claim before the Commissioner on 28.2.2001, stating that Sri A. Bhaskara Rao, the husband of the first appellant, and father of Appellants 2, 3 and 4, was employed as a driver with the first respondent on lorry bearing No. AHF 7155, and that on 15.12.1992, he left Rajahmundry for Orissa State, with a load of onions. They alleged that ever since then, neither the lorry nor Sri Bhaskara Rao were traceable. T...
Gona Sivasankar Vs. K. Varaprasad and anr.
Court: Andhra Pradesh
Decided on: Nov-09-2004
Reported in: 2006ACJ2089; 2005(1)ALD386; 2005(3)ALT40
L. Narasimha Reddy, J.1. In all these appeals, filed under Section 30 of the Workmen's Compensation Act (for short 'the Act'), common questions arise viz., whether in the absence of any certification by the Medical Practitioner, as to the loss of earning capacity of an injured workman, it is competent for the Commissioner under the Act, to determine the same, and whether the difficulty or hardship arising out of an injury, can be said to have resulted in total loss of earning capacity.2. C.M.A. Nos. 1396, 1615, 1642, 1643, 1984 and 2035 of 2002 are filed by workmen, employed on motor vehicles; whereas C.M.A. No. 2141 and C.M.A. Sr. No. 7552 of 2002 are filed by the Insurance Companies, in relation to the claims covered by C.M.A. Nos. 1615 and 1984 of 2002. The appellants in the six appeals, referred to above, have been employed as Drivers or Cleaners, as the case may be, to work on the vehicles owned by various owners. All the vehicles are covered by insurance. They sustained injuries,...
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