Andhra Pradesh Court April 2004 Judgments
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T.S. Yusuf Vs. Doraiswamy Chetty and anr.
Court: Andhra Pradesh
Decided on: Apr-06-2004
Reported in: I(2005)ACC204; 2004(4)ALD500; 2004(5)ALT147
ORDERC.Y. Somayajulu, J.1. This is an appeal by the claimant in M.V.O.P.No. 268 of 1992 on the file of the Motor Accidents Claims Tribunal-cum-District Judge, Chittoor.2. The case of the appellant is that when he was travelling in the lorry belonging to the first respondent and insured with the second respondent, as the owner of the goods being transported therein, it met with an accident due to the rash and negligent driving of the driver resulting in fracture and a consequent permanent partial disability to him, and so he is entitled to Rs. 2,05,000/- from the respondents. In support of his case, appellant examined himself as PW-1 and another witness as PW-2 and marked Exs.A1 to A4. 1st respondent chose to remain ex parte before the Tribunal and in this Court. 2nd respondent, who filed a counter contesting the claim of the appellant examined one witness as RW-1, but did not adduce any documentary evidence. The Tribunal having held that the accident occurred due to the rash and neglig...
Kambhamettu Jaya Bharathi Vs. Khaja Abdul MoIn Baig (Died) and ors.
Court: Andhra Pradesh
Decided on: Apr-06-2004
Reported in: 2004(4)ALT622
B.S.A. Swamy, J.1. The defendant in O.S.No.1040 of 1980 is the appellant before this Court. Having been aggrieved by the judgment and decree passed by the Sub-ordinate Judge at Vijayawada in A.S. No.150 of 1982, dated 21-08-1995, confirming the judgment and decree passed by the District Munsif, Vijayawada, in O.S.No.1040 of 1980, dated 06-10-1982, she filed the present Second Appeal. 2. The facts are not disputed. On 10-02-1976 the plaintiff in O.S.No.1040 of 1980 i.e., Khaja Abdul Moin Baig executed an agreement of sale in favour of the defendant to sell a house admeasuring 527..7 square yards with a small stoned wall thatched shed, for a sale consideration of Rs.11,000/- and having received advance amount of Rs.1,500/-, possession of the land was handed over to the defendant. As per the terms of the agreement of sale, the defendant has to pay Rs.300/- on 20-01-1979 and Rs.5,200/- on 25-07-1979, Rs.3,000/- on 01-01-1980 and the balance sale consideration at the time of registration of...
Yemula Raghavulu Vs. Shafiullah and anr.
Court: Andhra Pradesh
Decided on: Apr-06-2004
Reported in: III(2004)ACC640; 2004(4)ALD177
C.Y. Somayajulu, J.1. Husband of Vemula Ramana (the deceased), a coolie in road laying, who received burn injuries due to spilling of boiling asphalt on her, as a result of the driver of the bus bearing No. APQ-4677 belonging to the first respondent and insured with the second respondent, dashing against the tar boiler used in laying of black top road, due to his rash and negligent driving and succumbing to those injuries, filed a claim petition seeking compensation of Rs. 90,000/- from respondents and examined himself as PW-1 and two other witnesses as PWs.2 and 3 and marked Exs.A-1 to A4 on his behalf. First respondent chose to remain ex parte, both before the Tribunal and in this Court. Second respondent who filed a counter contesting the claim, did not adduce oral evidence, but marked Ex.B-1 by consent.2. The Tribunal, after having held that the accident occurred due to the rash and negligent driving of the bus and that the deceased died as a result of the burn injuries suffered by...
Kanakadurga Wines, Il-24 Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Apr-05-2004
Reported in: 2004(4)ALD653; 2004(4)ALT570
ORDERA. Gopal Reddy, J. 1. The petitioner who obtained IL-24 licence for sale of Indian Made Foreign Liquor at Vemulavada Village in premises bearing D.No. 3-1-129 made an application on 3-2-2003 for shifting of his IL-24 shop from premises bearing D.No. 3-1-129 of Vemulavada Town to D.No. 1-5-11 of the same town stating that there is no facility in the existing shop to avail permit room (IL-24-B licence) and requested to shift to the proposed premises for obtaining IL-24-B licence. SDP & EO after due enquiry into the matter reported that the proposed premises is in conformity with Rule 6 of A.P. Excise (Indian and Foreign Liquor Retail Sale Conditions of Licences) Rules, 1993 (for short 'the Rules'). Accordingly, the proposal was submitted to the second respondent, who is competent authority to accord permission for shifting of shop. The second respondent through his proceedings dated Cr.No. 4788/2003/CPE/G4 dated 44-2003 has accorded permission for shifting of IL24-shop, in view of t...
K. Neeraja @ Rajani Vs. K. Narsinga Rao
Court: Andhra Pradesh
Decided on: Apr-05-2004
Reported in: 2005(5)ALT497
ORDERGopala Krishna Tamada, J.1. The respondent in O.P.No. 6 of 2000 on the file of the Family Court, Warangal is the petitioner herein. This revision petition is directed against the order dated 17-9-2003 passed by the Judge, Family Court, Warangal in I.A.No. 128 of 2003 in O.P.No. 6 of 2000 filed under Order 7 Rule 11(d) C.P.C.2. The facts which are not in dispute are as follows:The petitioner herein is the wife of the respondent herein. Originally, the respondent filed O.P.No. 8 of 1997 under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act') before the Principal Senior Civil Judge, Warangal seeking divorce on the ground of cruelty. The marriage between the parties has taken place on 22-2-1996 and the said O.P. was presented on 12-2-1997 i.e., within the statutory period of one year. Along with the O.P. he filed an interlocutory application under Section 14(1) of the Act praying for leave permitting him to present the petition under Section 13 of the Act within the sta...
General Manager, South Central Railway Vs. A. Veera Lakshmi Bhaskaram ...
Court: Andhra Pradesh
Decided on: Apr-04-2004
Reported in: 2005ACJ702
Elipe Dharma Rao, J.1. The present appeal is Railway Claims Tribunal, Secunderabad preferred by appellant-respondent being (for short 'the Tribunal') in O.A. No. 107 aggrieved by the Orders passed by the of 1997, dated 16.4.1998.2. The respondent No. 1, who is the wife of the deceased and his dependants filed the above O.A. before the Tribunal, seeking compensation for the death of the deceased. Respondent No. 2-applicant is the married daughter, respondent No. 3 is the unmarried daughter and respondent No. 4 is the son of the deceased. It is the case of claimants that while the deceased was travelling by train No. 7047 Gautami Express running from Kakinada Town to Secunderabad on 27.7.1997, fell down accidentally from the train at Kakinada Town Railway Station and suffered multiple injuries, as a result of which, he died on the spot.3. On behalf of the Railways, a written statement was filed contending that the deceased was trying to enter into a coach of Gautami Express while the tra...
R. Krishnaiah Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Apr-02-2004
Reported in: AIR2005AP10; 2004(2)ALD794; 2004(2)ALT730
Devinder Gupta, C.J.1. On lunch motion made by Senior Advocate Sri K.R. Prabhakar, W.P. Nos.6249 and 6250 of 2004 filed today as PIL were taken up for consideration in the post lunch session. W.P. No. 6334 of 2004 filed on 31.3.2004 also as PIL on similar subject was also taken up for consideration. These three writ petitions are thus being disposed by a Common Order:2. In W.P. No. 6249 of 2004 filed as PIL by one Sri R. Krishnaiah, President of A.P. Backward Classes Welfare Association writ of mandamus declaring the action of the Government of Andhra Pradesh in issuing Ordinance No. 2 of 2004 dated 31.3.2004 to be illegal, unconstitutional and without any legal or constitutional authority has been sought. He has also sought for an interim direction restraining the Government of Andhra Pradesh not to draw or spend any sums of money from the Consolidated Fund of the State or Contingency Fund of the State of Andhra Pradesh.3. Similarly in W.P. No. 6250 of 2004, also filed as PIL by the s...
K. Sujatha Vs. Government of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Apr-02-2004
Reported in: AIR2004AP400; 2004(3)ALD1; 2004(3)ALT682
Devinder Gupta, C.J.1. The writ petition is filed challenging the notice-dated 28.8.2003 issued by the Revenue Divisional officer, Peddapalli to the petitioner who is the elected President of Mandal Parishad, Sreerampur Mandal, Karimnagar District, intimating her that the meeting of the Mandal Parishad will be convened on 15.9.2003 at 11.00 a.m for considering the Motion of No-confidence moved against her.2. At the time of hearing before the learned Single Judge, learned Counsel for the petitioner placed reliance upon the Judgment of this Court in W.A. Nos. 1755 and 1579 of 2003 (B. Ananda Reddy v. The Revenue Divisional Officer. Jagtial) dated 16.10.2003 wherein, interpreting Rule 3 of the Rules relating to Motion of No-Confidence in Upa-Sarpanch of Gram Panchayat or Vice-President/President of Mandal Parishad or Vice-Chairman/Chairman of Zilla Parishad as notified in G.O. Ms. No. 200 P.R.&R.D.; (Mandal-I) (hereinafter referred to as 'the Rules') dated 28,4.1998, it was held that serv...
K. Girija Kumari Vs. Konuru Swarajya Lakshmi and anr.
Court: Andhra Pradesh
Decided on: Apr-02-2004
Reported in: AIR2004AP248; 2004(3)ALD249; 2004(4)ALT611
L. Narasimha Reddy, J.1. This CMA is filed against the order of the learned Principal District Judge, Ranga Reddy District dated 1-3-2004 in OPSR No. 13264 of 2003 returning the O.P. presented by the petitioner.2. The appellant claims that she is wife of late Sree Rama Subrahmanya Surya Prakash. She stated that her husband died on 15.9.2002. The 1st respondent is her mother-in-law. The 2nd respondent is said to be the daughter of her husband through his 1st wife. She alleged that a sum of Rs. 7,92,101/- accrued to her husband and that she is entitled to 1/3rd share of the did amount, other sharers being the Respondents 1 and 2. She filed O.P. under Section-372 of the Indian Succession Act, 1925 for grant of a Succession Certificate so as to enable her to receive the said amount. She paid Court fee of Rs. 15,842/-being 6% on the amount of Rs. 2,64,034/-under Article-7 of Schedule-1 of A.P. Court Fees and Suits Valuation Act, 1956 (hereinafter referred to as the Act). The Trial Court too...
P. Pochamma Vs. Principal Secretary, Technical Education, Govt. of A.P ...
Court: Andhra Pradesh
Decided on: Apr-02-2004
Reported in: 2004(3)ALD251; 2004(4)ALT156
Bilal Nazki, J 1. Two writ petitions have been decided by a learned Single Judge of this Court being W.P. Nos. 16123 and 16478 of 2003. Both these writ petitions have been dismissed. This writ appeal has been filed by the petitioner in W.P. No. 16123 of 2003.2. The controversy is in a short compass. The management retired the writ petitioner on 31.7.2003 on the basis of date of birth fixed by them instead of the date of birth recorded in the service register. She was appointed as sweeper and later she was promoted as Peon (attender) on 1.11.1981. The writ petitioner stated that at the time of entering into service, she submitted proof of her date of birth i.e., a certificate issued by Sarpanch of Gram Panchayat, Chinna Chinthakunta, Taluk Narsapur and her date of birth was recorded in the service register as 16.5.1950. According to her, she was also sent to Government Hospital, Nampally, Hyderabad and doctor issued a certificate on 18.11.1987 showing her age to be 37 years. The certifi...
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