Andhra Pradesh Court March 2004 Judgments
National Insurance Company Limited Vs. Padma Tobacco Company
Court: Andhra Pradesh
Decided on: Mar-31-2004
Reported in: AIR2005AP124; 2004(3)ALD13; 2004(3)ALT54; 2004(2)ARBLR345(AP); II(2005)BC459
D.S.R. Varma, J.1. Heard both sides.2. The unsuccessful defendant in the suit is the appellant herein and the respondent herein is the plaintiff.3. The plaintiff filed the suit for recovery of money from the defendant towards loss of tobacco stocks in the cyclone.4. The plaintiff was a dealer in tobacco business. He took a policy from the defendant for the stocks and buildings. The policy, undisputedly, was valid and in subsistence from 31-5-1989 to 30-5-1990. The total amount of policy proposed by the plaintiff was a sum of Rs. 3,95,000/-. The stocks of the plaintiff were admittedly pledged to a nationalised bank.5. Be that as it may, during the currency of the policy, on 8-11-1989, there was a cyclone and on 9-11-1989 there was a colossal loss of stocks of tobacco held by the plaintiff. The same was reported by the plaintiff to the insurer, the defendant, promptly and that the defendant had appointed a surveyor as contemplated under the Insurance Act to assess the loss/damage sustain...
Tag this Judgment!Pradheer Gupta Vs. Union of India (Uoi) and ors.
Court: Andhra Pradesh
Decided on: Mar-31-2004
Reported in: 2004(3)ALD257
ORDERN.V. Ramana, J.1. The petitioner, who is aged 15 years and obviously a minor, represented by his natural guardian and mother, has filed this writ petition praying for the following relief:To issue a writ, order or direction, more particularly one in the nature of writ of mandamus declaring the action of Respondent No. 2 in returning the petitioner's demand draft and not permitting him to appear for the Entrance Test for admission into MBBS Course Session 2004-05 scheduled to be held on 30-5-2004 on the ground of under age, as illegal, arbitrary, improper and unconstitutional, and consequently direct Respondent Nos. 2 and 3 to permit the petitioner to appear for the said Test basing on the age relaxation given to the petitioner by the Government of A.P. in SSC and Intermediate Examinations.2. On the ground that the petitioner is under-aged Respondent No. 2 declined to issue application to enable him appear for MBBS Entrance Test. The mother of the petitioner states that the petitio...
Tag this Judgment!Dr. K. Satyavathi Vs. Dhatri Mutually Aided Co-operative Credit Societ ...
Court: Andhra Pradesh
Decided on: Mar-31-2004
Reported in: 2004(3)ALD738; 2004(4)ALT165
ORDERElipe Dharma Rao, J.1. Aggrieved of the office objection dated 12-8-2003 raised by the Senior Civil Judge, Peddapally, Karimnagar District, returning the plaint to the petitioner herein, for presentation before appropriate forum on the ground that with effect from 25-4-2001 the jurisdiction of the Senior Civil Judge's Court is ousted in view of amendment to Section 23 of the A.P. Cooperative Societies Act (for brevity the Act) and that the petitioner was no longer a member of the Committee or the Member of the Society, but since the matter relates to its affairs, the suit has to be filed before the District Court, the plaintiff preferred this Civil Revision Petition, contending that the Court below has grossly erred in holding that the amended provisions of A.P. Societies Registration Act, 2001 are applicable to the instant suit, inasmuch as the suit relates to a declaration about the petitioner not being liable for payment of the amounts due by the defendant Society which is pure...
Tag this Judgment!T.V. Ashwini and anr. Vs. R. Krishna Kumar and ors.
Court: Andhra Pradesh
Decided on: Mar-31-2004
Reported in: 2004(3)ALD774
ORDERL. Narasimha Reddy, J.1. This Review C.M.P., under Order 47, Rule 1 C.P.C., is filed by the Respondents 1 and 2 in CRP No. 2708 of 2001, seeking review of the order dated 30-1-2002, passed therein.2. The parties shall be referred to, as arrayed in this Review C.M.P. The relevant facts may briefly be stated as under:3. Petitioners and respondent No. 2 are the children of the 3rd respondent, who passed away recently. The 2nd respondent filed O.S. No. 327 of 1996 in the Court of I Additional Chief Judge, City Civil Court, Secunderabad, against the petitioners and 3rd respondent, for partition. It was decreed on 12-12-1999 in terms of a compromise. Petitioners filed O.S. No. '40 of 1998 in the same Court to set aside the compromise decree in O.S. No. 327 of 1996. Respondents 4 to 10 were also impleaded in the suit. The trial of the same is in progress.4. The 1st respondent filed LA. No. 842 of 2000 in O.S. No. 40 of 1998 under Order 1, Rule 10 C.P.C., to get himself impleaded as one o...
Tag this Judgment!In Re: Deepika Chit Fund (P) Ltd. and ors.
Court: Andhra Pradesh
Decided on: Mar-31-2004
Reported in: 2004(3)ALD879; 2004(5)ALT155; (2005)3CompLJ51(AP); [2004]56SCL566(AP)
ORDERN.V. Ramana, J.1. By this application, filed under Rule 9 of the Companies (Court) Rules, 1959, M/s. Deepika Chit Fund Private Limited, the applicant herein, inter alia prays this Court to constitute Collection and Disbursal Committee, consisting of one Director each from both the Transferor Company and Transferee Company and a Commissioner to be appointed by this Court, and pass such other order or orders as this Court deems fit and proper in the circumstances of the case.2. M/s. Deepika Chit Funds Private Limited (hereinafter referred to as 'the Transferee Company') was incorporated under the provisions of the Companies Act, 1956 (for short 'the Companies Act') as a Private Limited Company on 13-1-1989. The authorized share capital of the Transferee Company is Rs. 50,00,000/- divided into 50,000 equity shares of Rs. 100/- each. The issued, subscribed and paid-up capital of the Transferee Company is Rs. 30,00,000/- divided into 30,000 equity shares of Rs. 100/-each fully paid up....
Tag this Judgment!Master Pradheer Gupta (Minor), Rep. by His Natural Guardian and Mother ...
Court: Andhra Pradesh
Decided on: Mar-31-2004
Reported in: 2004(4)ALT5
N.V. Ramana, J. 1. The petitioner, who is aged 15 years and obviously a minor, represented by his natural guardian and mother, has filed this writ petition praying for the following relief:To issue a writ, order or direction, more particularly one in the nature of writ of Mandamus declaring the action of respondent No.2 in returning the petitioner's demand draft and not permitting him to appear for the Entrance Test for admission into MBBS Course Session 2004-05 scheduled to be held on 30-5-2004 on the ground of under age, as illegal, arbitrary, improper and unconstitutional, and consequently direct respondent Nos. 2 and 3 to permit the petitioner to appear for the said Test basing on the age relaxation given to the petitioner by the Government of A.P. in SSC and Intermediate Examinations.2. On the ground that the petitioner is under-aged respondent No. 2 declined to issue application to enable him appear for MBBS Entrance Test. The mother of the petitioner states that the petitioner i...
Tag this Judgment!Ramisetty Venkateswara Rao Vs. State
Court: Andhra Pradesh
Decided on: Mar-31-2004
Reported in: 2004(1)ALD(Cri)918; 2004CriLJ3266
ORDERC.V. Ramulu, J.1. This Criminal Revision Case is filed against the Judgment dated 18-4-2000 in Criminal Appeal No. 156 of 1997 on the file of the First Additional Sessions Judge, Guntur, wherein the conviction recorded under Section 7 read with 8(b) of the Andhra Pradesh Prohibition Act, 1995 and sentence imposed against the petitioner-accused to undergo simple imprisonment for a period of six months and to pay a fine of Rs. 5,000/- in default to suffer simple imprisonment for a period of forty days by the trial Court i.e. Court of Special Judicial First Class Magistrate (Prohibition and Excise), Guntur in C. C. No. 12 of 1996, dated 30-6-1997 was confirmed.2. The case of the prosecution, in brief, is as under :On 30-3-1995, P. W. 2 the then Sub-Inspector of Police, Prohibition and Excise, Tenali along with P.W. 3 the constable of the department and other staff found the accused near R.T.C. bus stand, Tenali loitering in suspicious circumstances. The accused was apprehended. The a...
Tag this Judgment!Surya Industries Vs. Secretary, Ministry of Mines, Government of India ...
Court: Andhra Pradesh
Decided on: Mar-29-2004
Reported in: AIR2004AP422; 2004(3)ALD759; 2004(4)ALT315
ORDERA. Gopal Reddy, J.1. On State Government notifying the abandoned area to an extent of Ac.16-23 cents in Parnapalli (v) District as being available for re-grant on 22-12-1988 under Section 59 of the Mineral Concession Rules, 1960, the petitioner in WP No. 14774/1999 (hereinafter referred to as 'the petitioner') submitted its application on 23-1-1989 for grant of mining lease for lime stone mineral over an extent of Ac. 14.93 cents. Respondent No. 5 and two others also made their applications for grant of mining lease on the said date i.e., 23-1-1989. On evaluation of the applications made by the petitioner, Respondent No. 5 and two others, the State Government in its Memo No. 141/M.III/91-3 dated 28-9-1991 directed the petitioner to file mining plan duly approved by the Indian Bureau of Mines for an extent of Ac. 14.93 cents in S. Nos. 137/1, 174/1 and 176/1 in Parnapalli Village for a period of 20 years within six months from the date of receipt of the communication. The Responden...
Tag this Judgment!State of Andhra Pradesh Vs. Mathangi Kanakaiah and ors.
Court: Andhra Pradesh
Decided on: Mar-29-2004
Reported in: 2004(3)ALD731; 2004(4)ALT322
ORDERL. Narasimha Reddy, J.1. This revision is filed by the State of A.P. under Section-21 of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, (for short, the Ceiling Act) against the order of the Land Reforms Appellate Tribunal, Warangal (for short 'LRAT') in L.R.A. No. 38 of 1990, dated 17.3.1993. The LRAT, in turn, was dealing with an order, dated 27.10.1986 passed by the Land Reforms Tribunal, Warangal (for short 'LRT') in respect of Ac.0-45 cents of land in Sy.No.477 of Waddepally Village, Warangal District.2. Father of the 7th respondent filed a declaration as required under the provisions of the Act in respect of the lands held by him before the LRT, Warangal, On consideration of the same, the LRT passed an order taking a view that the family unit holds an extent of 1.8564 Standard Holdings in excess of ceiling' limits. After the death of the original declarant, the LRT initiated proceedings under Section 10 of the Ceiling Act, to resume possession of excess l...
Tag this Judgment!United India Insurance Co. Ltd. Vs. Chetikam Nagamani and ors.
Court: Andhra Pradesh
Decided on: Mar-29-2004
Reported in: III(2005)ACC553; 2005ACJ1227; 2004(3)ALD878; 2004(4)ALT410
C.Y. Somayajulu, J. 1. Award passed in favour of Respondents 1 to 5 who are the legal representatives of the deceased victim in a motor vehicle accident, caused by the driver of the bus belonging to the 8th respondent, is challenged by the insurer of the said bus, on the ground that the deceased was not a passenger in the vehicle and that he did not die as a result of the accident caused by the use of the bus.2. The case of Respondents 1 to 5 is that when the deceased was about to board the bus, 7th respondent, the cleaner of the bus, negligently dropped a bag of 'karivepaku' from the top of the bus, which fell on the deceased and resulted in his death. The Tribunal having observed that the death of the deceased was due to the careless dropping of the 'Karivepaku' bag from the top of the bus by the employee of the owner, held that the owner of the bus is vicariously liable, and consequently made the insurer of the bus also liable to pay the compensation payable.3. Contending that dropp...
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