Andhra Pradesh Court March 2004 Judgments
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Branch Manager, Oriental Fire and General Insurance Co. Ltd. Vs. Dr. C ...
Court: Andhra Pradesh
Decided on: Mar-16-2004
Reported in: 2006ACJ285; 2004(4)ALD883; 2006(2)ALT209
S.R.K. Prasad, J.1. This letters patent appeal is directed against the judgment of a learned Single Judge of this Court in CMA No. 1037 of 1987 dated 28-8-1995. Appellant is the Oriental Fire and General Insurance Company.2. The facts, which led to filing of this appeal, can be briefly stated as under:On 13-6-1984 at 5 a.m., while the deceased Dr. P. Suseela was travelling in the APSRTC bus bearing No. A.A.Z.3743 from Ananthapur to Guntur, a lorry bearing No. A.D.F.7018, belonging to the 4th respondent herein, loaded with chicken dung, came in the opposite direction driven by its driver, 5th respondent herein, at high speed in a rash and negligent manner and dashed against the said bus. On account of which the deceased sustained grievous injuries and succumbed to injuries. Consequently, the legal representatives of the deceased i.e., husband and two daughters (Respondents 1 to 3 herein) laid a claim for compensation in a sum of Rs. 4,04,712/- before the Motor Accidents Claims Tribunal-...
V. Sreekantha Reddy and ors. Vs. Varanasi Rajeena Venugopal Reddy
Court: Andhra Pradesh
Decided on: Mar-16-2004
Reported in: 2004(5)ALD200
J. Chelameswar, J.1. Aggrieved by an order in O.P. No. 798 of 1992 on the file of the learned District Judge, Nellore, dated 5th April, 1995, the respondents therein preferred this appeal under Section 384 of the Indian Succession Act.2. The respondent herein filed the above-mentioned O.P. for grant of succession certificate so as to enable her to receive the gold ornaments pledged to the Bank for securing a loan.3. The case of the respondent is that she is the widow of one late Varanasi Venugopal Reddy, resident of Nellore. The appellants herein are the brother's children of said Venugopal Reddy. The respondent married the said Venugopal Reddy on 23.3.1972. While so, the said Venugopal Reddy pledged certain gold ornaments with Punjab National Bank, Nellore and State Bank of India for obtaining certain loans, the details of which are not necessary for the purpose of this order. The said Venugopal Reddy died on 11.5.1991 issueless. It is also averred in the petition that the respondent ...
irrigation Development Employees Association and ors. Vs. Government o ...
Court: Andhra Pradesh
Decided on: Mar-16-2004
Reported in: 2004(2)ALD599; 2004(3)ALT17; (2004)IILLJ581AP; [2004]55SCL459(AP)
B. Sudershan Reddy, J. 1. Since in all these writ appeals and writ petitions, the subject-matter and the questions that arise for consideration are inter-related, they may be disposed of by this common judgment.WA No. 1039 of 20022. The unsuccessful writ petitioners are the appellants in this writ appeal preferred against the order passed in W.P. No. 24647 of 2001 dated 4-6-2002 holding that G.O. Ms. No. 50, Public Enterprises (II) Department, dated 15-11-2001, does not suffer from any illegality or legal infirmity.3. The appellants herein filed the writ petition invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, with a prayer to issue a writ in the nature of mandamus declaring G.O. Ms. No. 50, Public Enterprises (II) Department, dated 15-11-2001, as illegal and void.4. The appellants represent the employees working in various categories in the A.P. State Irrigation Development Corporation Limited (for short 'the Corporation'). The Cor...
K. Krishna Chary Vs. Jai Kisan Associates
Court: Andhra Pradesh
Decided on: Mar-15-2004
Reported in: AIR2004AP320; 2004(3)ALD304; 2004(3)ALT212; IV(2004)BC444
ORDERL. Narasimha Reddy, J.1. The respondent filed O.S.19 of 2000 in the Court of the Senior Civil Judge at Bhongir for recovery of Rs. 2,04,954/-on the strength of a Pronote dated 17.11.1997. He filed I.A. No. 223 of 2002 under Order XI Rule 14 read with Section 151 of the Code of Civil Procedure seeking a direction to the petitioner herein to hand over the RC book of Hypothecated Maruthi Car Bearing No. AP 9-7828. The same was allowed by the trial Court through its order dated 7-11-2003. Hence, this revision.2. The learned Counsel for the petitioner submits that the application filed by the respondent was misconceived and the provision referred to therein does not enable the Court to direct the petitioner to handover the RC book. He submits that the application itself was beyond the scope of the suit and the trial Court ought not to have entertained it at all.3. The learned Counsel for the respondent on the other hand submits that the loan was obtained by the petitioner to purchase a...
Y. Narasimhulu and anr. Vs. Kurnool Municipal Corporation and anr.
Court: Andhra Pradesh
Decided on: Mar-15-2004
Reported in: 2004(3)ALD302; 2004(3)ALT625
D.S.R. Varma, J.1. Heard both sides.2. The appellants are the unsuccessful plaintiffs and appellants in O.S. No. 283 of 1995 and A.S. No. 52 of 1999 respectively.3. For the sake of convenience, the parties will be referred to as arrayed in the suit.4. A few facts that are necessary are as under:The plaintiffs herein filed O.S. No. 283 of 1995 for permanent injunction against the defendants. The defendants filed O.S. No. 548 of 1995 against the plaintiffs for mandatory injunction. So, both the parties herein are either the plaintiffs or defendants in the suits referred to above. In the above suits, common trial was conducted and a common judgment was rendered by the Trial Court on 5.4.1999, against which, the plaintiffs preferred A.S. No. 51 of 1999 challenging the common judgment and decree passed in both the suits. The said appeals were dismissed by the lower appellate Court by a common judgment. Now, the present Second Appeal is filed challenging the common judgment and decree only i...
Employees Provident Fund Organisation Vs. the Government of A.P.
Court: Andhra Pradesh
Decided on: Mar-15-2004
Reported in: 2004(3)ALT176
ORDERBilal Nazki 1. Heard learned counsel for the parties. The Writ Petition is disposed of at this stage with the consent of learned counsel appearing for the parties. Counter has also been filed and the reply affidavit has also been filed.2. The Writ Petition has been filed seeking a declaration that Sub-Section (9) of Section 2 of Act 16 of 2003 is illegal and arbitrary and unjust and should be struck down as such. The Writ Petitioner is the Employees Provident Fund Organisation. It is aggrieved of particular provision of Act No. 16 of 2003 which is an Act amending the Andhra Pradesh Co-operative Societies Act, 1964. The grievance of the petitioner is that the Provident Fund Organisation has a first charge on the assets of an organization and by making the impugned amendment, the respondents have relegated it to a position at the bottom. The learned counsel for petitioner further submits that the amendment is even ultra virus to Employees' Provident Funds and Miscellaneous Provision...
State of A.P. and ors. Vs. Tangudu Varaprasada Rao
Court: Andhra Pradesh
Decided on: Mar-15-2004
Reported in: 2004(4)ALD528; 2004(5)ALT93; 2005(1)CTLJ402(AP)
ORDERB.S.A. Swamy, J.1. The State of Andhra Pradesh represented by the Collector, Srikakulam District and other defendants in the Court below preferred this appeal against the judgment and decree dated 17.12.1989, O.S. No. 42 of 1989 on the file of Subordinate Judge, Sompeta, wherein the learned Judge decreed the suit of the plaintiff for Rs. 3,86,000/- with an interest at the rate of 6% p.a. from the date of the judgment till the date of realization.2. The defendants-department has got Cashew gardens to the extent of 253.96 hectors known as 'Mendu Forest and Mendu Forest Extension under Kasibuga Forest Range of Srikakulam District. The defendants-department used to lease out the above cashew gardens in the flowery season public auction every year in the month of January and February for collection and sale of cashew nuts. Usually, the said garden will be in possession of the lessee from March to June of the financial year.3. It is the case of the plaintiff that he participated in the ...
Sugesan and Co. Pvt. Ltd. Vs. Hindustan Machine Tools Ltd.
Court: Andhra Pradesh
Decided on: Mar-12-2004
Reported in: AIR2004AP428; 2004(3)ALD57; 2004(3)ALT267
D.S.R. Varma, J.1. Despite service of notice, none appears for the respondent. Heard the learned Counsel for the appellant.2. This Appeal Suit is directed against the common judgment and decree, dated 23-8-1995, passed by the Additional Subordinate Judge, Ranga Reddy District at Saroornagar, Hyderabad, only insofar as the dismissal of the counter-claim in O.S. No. 369 of 1987 (old O.S. No. 167 of 1983) is concerned.3. The appellant herein is the defendant and the respondent is the plaintiff.4. For the sake of convenience, the parties will be referred to as arrayed in the suit.5. The defendant in O.S. No. 369 of 1987 filed a counter-claim also. The Court below dismissed both the suits filed by the plaintiff and while dismissing the suit in O.S. No. 369 of 1987 also dismissed the counter-claim filed by the defendant.6. The facts, in brief, which lead to filing of the suit are as under:The plaintiff is a public sector undertaking involved in activities of importing various materials from ...
isra Mineral Exports (P) Ltd. Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Mar-12-2004
Reported in: 2004(3)ALD306; 2004(3)ALT696
ORDERR. Subhash Reddy, J.1. These writ petitions arise under similar legal and factual back-ground; hence, they are disposed of by this common order. For the sake of convenience, I will refer to the facts mentioned in Writ Petition No. 20087 of 2003.2. The petitioner, a private limited company, promoted by fourth respondent-Andhra Pradesh Mineral Development Corporation and two other investor companies, has filed this writ petition, questioning the order dated 16-6-2003 passed by the Director of Mines and Geology, Hyderabad, cancelling the quary lease and the order of the revisional authority dated 15-9-2003, rejecting the revision petition filed by the petitioner.3. The fourth respondent-Andhra Pradesh Mineral Development Corporation, a company owned by Government of Andhra Pradesh, has purchased an extent of Ac.89.06 cents of land in Sy.Nos. 52, 55/3C, 55/4A of R.L. Puram Village, Chimakurthy Mandal, Prakasam District. They have initially obtained prospecting licence for black granit...
Mukundlal Misra Vs. Special Deputy Collector, Land Acquisition Unit
Court: Andhra Pradesh
Decided on: Mar-12-2004
Reported in: 2004(3)ALD747; 2004(3)ALT716
B. Sudershan Reddy, J.1. The claimant in O.P. No. 516 of 1992 on the file of the learned n Additional District Judge at Karimnagar is the appellant in this appeal preferred against the judgment and decree dated 28-10-1994 passed in the said O.P.2. That an extent of Acs.15-12 guntas of land situated in Survey Nos.54, 55 and 51 of Chinthakunta Village, Karimnagar District, was acquired for a public purpose of excavation of G.S. main canal under Sreeram Sagar Project. The draft notification under Section 4(1) of the Land Acquisition Act (for short 'the Act') was published in the A.P. Gazette on 11-9-1980. The possession of the land was taken over on 29-3-1978 even prior to the publication of the draft notification under Section 4(1) of the Act. The Land Acquisition Officer after following the prescribed procedure passed award dated 30-3-1982 awarding compensation @ Rs. 5,100/- per acre. Dissatisfied with the award, the appellant/claimant sought for a reference under Section 18 of the Act ...