Andhra Pradesh Court April 2004 Judgments
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K. Mohd Yousuf and ors. Vs. the Commissioner, Kadiri Municipality
Court: Andhra Pradesh
Decided on: Apr-30-2004
Reported in: 2004(4)ALT335
N.V. Ramana, J.1. Invoking the jurisdiction of this Court under Article 226 of the Constitution of India, the petitioners filed the writ petition assailing the action of the respondent-Kadiri Municipality in collecting fee of Rs. 30/- and Rs. 60/- for each mini van and lorry, engaged by them for transporting fruits to their shops from outside the municipal market, as illegal, arbitrary and contrary to the provisions of the A.P. Municipalities Act, 1965.2. The petitioners claim to be doing business in fruits in the shops taken by them on lease from the Mosque located on College Road, Kadiri. In the course of their business, the petitioners state that they engage vehicles for transporting fruits to their shops from destinations located outside the municipal area. It is their case that earlier the officials of the respondent used to collect Rs.5/- for each vehicle engaged by the petitioners for transporting the fruits to their shops from outside the municipal area. While so, it is the cas...
The General Manager, South Central Railway Vs. K. Narayana Rao
Court: Andhra Pradesh
Decided on: Apr-28-2004
Reported in: I(2005)ACC239; 2005ACJ1249; AIR2004AP442; 2004(4)ALT464
S.R.K. Prasad, J.1. This L.P.A is directed against the judgment rendered by the learned single Judge of this Court in C.M.A.No.1214 of 1999 dismissing the appeal and confirming the awarding of compensation in O.A.A.No.121 of 1998 dated 22.1.1999 by the Railway Claims Tribunal, Secunderabad Bench. 2. The appellant is the Railways whereas the claimant is the respondent herein. They will be arrayed as in the claim petition. The claimants being the husband and daughter of the deceased Venkatalakshmi have claimed compensation of a sum of Rs.2,00,000/- alleging that his wife fell down from the train near Gooty Railway Station while travelling in the second class railway compartment along with them from Madras to Guntakal, crushed in between the train and the platform resulting in her instantaneous death. The claimants have produced the first information report, inquest report, the original copy of the ticket coupon, the original copy of the Excess Fare Ticket of the deceased and also the sal...
The A.P.S.R.T.C., Rep. by Its Managing Director Vs. Smt. Polavarapu La ...
Court: Andhra Pradesh
Decided on: Apr-28-2004
Reported in: III(2004)ACC904; 2006ACJ2095; 2004(4)ALD556; 2004(5)ALT457
C.Y. Somayajulu, J.1. First respondent filed a claim petition seeking compensation of Rs.8, 18,000/- for the injuries sustained by her in an accident caused by the bus bearing No. TCB-7000 belonging to the second respondent and insured with the fourth respondent and hired to the appellant, allegedly due to the rash and negligent driving of the said bus by the third respondent and examined herself as P.W.1 and six other witnesses as P.Ws.2 to 7 and got marked Exs.A.1 to A.44. The Tribunal having held that the accident occurred due to rash and negligent driving of the third respondent, passed an award for Rs.2,71,810/-, in favour of the first respondent against the third respondent and appellant only, and exonerated the second and fourth respondents from liability. Aggrieved by the said award exonerating the fourth respondent-insurer from its liability, this appeal is preferred by the hirer of the bus.2. The point for consideration is:Whether fourth respondent (insurer) is liable to pay ...
Runkana Thowdu and ors. Vs. Sri Satya Sai Inland Fishermen Co-operativ ...
Court: Andhra Pradesh
Decided on: Apr-28-2004
Reported in: 2004(3)ALT401
ORDERR. Subhash Reddy, J.1. This Writ Petition is filed, seeking Writ of Mandamus, to declare the action of the respondent authorities in taking steps to conduct elections to the Managing Committee of the first respondent-Sri Satya Sai Inland Fishermen Co-operative Society Limited, without including the names of the petitioners in the voters' list prepared, to hold elections to the first respondent-Society, as illegal and arbitrary.2. The first respondent is a fishermen Cooperative society, registered under A.P. Cooperative Societies Act, 1964. Some of the members of the first respondent-Society, earlier approached this court by filing Writ Petition Nos. 19248 and 20098 of 2003. This court by judgment dated 6-1-2004, disposed of the said Writ Petitions, directing the Assistant Director of Fisheries, Vizianagaram, to take steps to hold elections to the said society, within a period of four weeks from the date of receipt of the said order. Consequently, the District Collector/ Election A...
Middolla Harijana Thimmaiah @ Thimmappa Vs. State of A.P. Rep. by S.H. ...
Court: Andhra Pradesh
Decided on: Apr-28-2004
Reported in: 2005(1)ALD(Cri)286; 2005(1)ALT537
G. Yethirajulu, J.1. This is a reference made by a Division Bench presided by Brother Justice J. Chelameswar and Brother Justice B. Seshasayana Reddy to this Full Bench regarding the issue:Whether the defence could rely upon any statement made by a witness, who is declared hostile by the prosecution in the absence of any specific definite line of defence?2. The appellant is one of the four accused in Sessions Case No. 344 of 2000 on the file of the Additional Sessions Judge, Hindupur. He was tried along with other accused for the offences punishable Under Sections 452 and 302 read with Section 34 IPC. The trial Court convicted the appellant for the offences Under Sections 302 and 450 IPC and acquitted the other accused. The appellant being aggrieved by the conviction and the sentence imposed by the trial court, preferred the present appeal challenging its validity and legality.3. According to prosecution, the appellant and other accused trespassed into the house of the deceased Harijan...
G. Krishna Mohan Rao Vs. Registrar, Andhra Pradesh Administrative Trib ...
Court: Andhra Pradesh
Decided on: Apr-27-2004
Reported in: 2004(3)ALD449; 2004(3)ALT647
Bilal Nazki, J1. This case came up before this Full Bench on a reference made by a Division Bench of this Court. The controversy is short and the facts have been dealt in the order of reference. It relates to change of date of birth of the writ petitioner.2. The writ petitioner was the 3rd respondent before the Tribunal. He had been originally recruited as a Graduate Engineer Trainee in 1974. He was appointed as Junior Engineer, Electrical in the erstwhile A.P.S.E.B. on 22.8.1976. The Respondents 2 and 3 and the writ petitioner were asked to produce certificates regarding proof of their date of birth at the time of their appointment. The writ petitioner, at the time of entering into service, declared his date of birth as 4.1.1945 which was, entered on the front page of his service book openedat the time of his recruitment. This was authenticated by him. Thereafter the writ petitioner went on deputation to the Electrical Inspectorate Organisation in 1983. He was permanently absorbed in ...
NizamuddIn Peer Ahmed Vs. M. Nageshwar Rao
Court: Andhra Pradesh
Decided on: Apr-27-2004
Reported in: 2004(3)ALD562; 2004(4)ALT195
ORDERL. Narasimha Reddy, J.1. These three revisions are filed by the same petitioner, aggrieved by identical orders passed by the Court of the I Additional Junior Civil Judge, City Civil Court, Secunderabad in I.A. Nos. 123, 124 and 125 of 2003 filed under Order 37, Rule 4 of the Code of Civil Procedure, to set aside the decrees dated 8-1-2003 in O.S. Nos. 927, 929 and 928 of 2001 respectively.2. The respondent filed the above three suits against the petitioner for recovery of certain amounts on the strength of individual pro-notes. After the summons were served, the respondent filed applications under Order 37, Rule 3 C.P.C. for summary procedure. Since there was no response from the petitioner, the trial Court proceeded to decree the suits on 8-1-2003, as provided for under the said provision.3. Petitioner filed the applications under Rule 4 of Order 37 C.P.C., to set aside the respective decrees. He pleaded that he has been suffering with jaundice at the relevant point of time and a...
G.N. Kishore Reddy Vs. R. Venugopal Rao and ors.
Court: Andhra Pradesh
Decided on: Apr-27-2004
Reported in: AIR2004AP498; 2004(3)ALD683; 2004(4)ALT178
ORDERL. Narasimha Reddy, J.1. These two C.R.Ps. are filed against the common order dated 15-9-2003 passed by the Court of DC Additional Chief Judge, City Civil Court (Fast Track Court), Hyderabad in I.A. Nos.257 of 2001 and 212 of 2003 in O.S. No. 279 of 1999. Hence, they are disposed of through a common order:2. Parties in both the revisions are identical.3. The petitioner filed O.S. No. 279 of 1999 in the Trial Court for the relief of declaration to the effect that the sale deed executed by the 4th respondent, (who is since dead), in favour of Respondents 1 to 3, is illegal and unenforceable in law. The petitioner is son of late G.V. Satyananaraana Reddy. The 4th respondent his stepmother. Respondent No. 5 is his maternal uncle. It is his case that there is a settlement between himself, Respondent No. 4 and Respondent No. 5, in which the suit schedule property was settled upon him and contrary to the same, the 4th respondent has executed the sale deed in question.4. The evidence of R...
In Re: Hyderabad Industries Limited
Court: Andhra Pradesh
Decided on: Apr-27-2004
Reported in: 2004(3)ALD832; [2005]123CompCas446(AP); (2004)4CompLJ375(AP); [2004]53SCL376(AP)
ORDERV.V.S. Rao, J.1. The petition.The petition is filed by M/s. Hyderabad Industries Limited purportedly under Section 100 read with Section 78 of the Companies Act, 1956 (for short, the Act), The petitioner Company prays for confirmation of adjustment of share premium against the permanent loss in value of investment made by the Company in Nepal Metal Company Limited ('NMCL' for brevity) as approved by special resolution by Annual General Meeting of the shareholders of the Company. The Company also seeks to dispense with the formality of adding the words 'and reduce' after the name of the Company and approval of the Minute/ Resolution of the General Meeting.Background of petition2. The events and circumstances leading to filing of the present Petition be noticed in brief. The petitioner Company was incorporated under the Act in the year 1956 as Hyderabad Asbestos Cement Products Limited under the provisions of the Hyderabad Companies Act, 1320 Fasli. In 1985 the name of the Company w...
The Secretary to Government, Revenue Department and ors. Vs. Mudiki Bh ...
Court: Andhra Pradesh
Decided on: Apr-27-2004
Reported in: 2004(4)ALT367
G. Yethirajulu, J. 1. Both the appeals emanate from the Judgment of a Single Judge of this Court dated 13-11-1997 passed in W.P. No. 2097 of 1997. 2. The 1st respondent herein filed W.P. No. 2097 of 1997 under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the appellants to assign the land to an extent of Ac. 4-17 cents in Sy. No. 329 of Avilala Village, Tirupati Rural Mandal, Chittoor District, in his favour in terms of G.O.Ms. No. 492, Revenue (Assignment-IV) Department, dated 25-5-1994.3. The averments made by the writ petitioner in the affidavit of the writ petition are briefly as follows: -4. The petitioner was granted Eksal lease (lease for one year) of the schedule land on 31-10-1974. It was renewed from time to time till Fasli 1387(year 1976). The Eksal lease was not cancelled by any authority by the date of the writ petition. Ever since the grant of lease, he brought the land under cultivation by incurring considerable expenditure. He i...
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