Andhra Pradesh Court April 2004 Judgments
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P. Narasimha Reddy and ors. Vs. K. Ramachander and anr.
Court: Andhra Pradesh
Decided on: Apr-27-2004
Reported in: 2005ACJ1090; 2004(4)ALD15; 2004(4)ALT511
L. Narasimha Reddy, J.1. This CMA is filed under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act'), against the order dated 20-5-2001, passed by the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour-I (hereinafter referred to as 'the Commissioner'), in W.C.No. 82 of 1999, dismissing the claim of the appellants.2. W.C. No. 82 of 1999 was presented before the Commissioner alleging that the son of Appellants 1 and 2, and brother of Appellant No. 3 by name, Mahipal Reddy, was employed as Driver of a seven-seater auto bearing No. AP-23-T-5214, belonging to the 1st respondent. It was alleged that an accident occurred on account of the collision of the said vehicle with another unknown vehicle at 3:00 a.m., on 29-9-1999, when it was proceeding from Patancheru to Ghanpur, and that the said Mahipal Reddy died in the accident. A sum of Rs. 2,50,000/-was claimed as compensation, by stating that the deceased was aged 20 years at th...
Md. Rasheed, S/O. Md. Sardar Vs. Susheela Agarwal, W/O. N. Purushotham ...
Court: Andhra Pradesh
Decided on: Apr-27-2004
Reported in: I(2005)ACC560; 2006ACJ678; 2004(4)ALD597; 2004(5)ALT152
C.Y. Somayajulu, J.1. Appellant filed a claim petition alleging that on 19.10.1995 when his auto bearing No.AP-10T-934, being driven by Mohd. Iqbal, reached near Bidar crossroads, vehicle bearing No.AP-11T-8499 belonging to first respondent and insured with the Second respondent, came in the opposite direction in a rash and negligent manner and dashed against his auto resulting in extensive damage thereto. He spent Rs.35,000/- to get his auto repaired, after spending Rs.8,500/- towards towing charges. Since his auto was in the garage for repairs for six months, he lost an income of Rs.15,000/-. So, he is entitled to Rs.58,500/- as damages from the respondents. First respondent chose to remain ex parte, both before the Tribunal and this Court. Second respondent filed a counter contesting the claim of the appellant. In support of his case appellant examined himself as P.W.1 and marked Exs.A.1 to A.5. Second respondent did not adduce any oral evidence but marked Ex.B.1 by consent. The Tri...
Toddy Tappers Co-operative Society, Pulekona Group Vs. State of Andhra ...
Court: Andhra Pradesh
Decided on: Apr-26-2004
Reported in: 2004(3)ALD417; 2004(3)ALT392
B. Sudershan Reddy, J.1. This batch of writ petitions is being disposed of by common order since the subject-matter that arises for consideration in all of them is one and the same.2. The writ petitioners invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, with a prayer to issue a writ of mandamus declaring that the petitioners are not liable to pay the rentals for the period commencing from 17-9-2002 to 5-3-2003 during which period the licence granted to them under the provisions of A.P. Excise (Arrack and Toddy Licences General Conditions) Rules, 1969, (for short 'Toddy Licences Rules') was kept under suspension on account of which the petitioners could not carry on the business in sale of toddy. The constitutional validity of Sub-rule (2) of Rule 28 of the Toddy Licences Rules, whereunder liability has been imposed to pay the rentals even for that period during which the licences are kept under suspension pending enquiry is also impugn...
S. Jayamma Vs. Collector and District Magistrate and anr.
Court: Andhra Pradesh
Decided on: Apr-26-2004
Reported in: 2004(3)ALD458; 2004(3)ALT642; 2004CriLJ3153
G. Bikshapathy, J.1. The matter arises out of A.P. Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (Act 1 of 1986)2. The Division Bench, on a doubt expressed by the learned Advocate-General regarding the correctness of the principle laid down in M. Ashok Goud v. Collector, : 2002(5)ALT72 , referred the matter for Full Bench. In fact, the issue involved is:'Can the detaining authority refer past events of the detenu for the purpose of ascertaining the propensity of the detenu of his involvement while passing the detention order?'3. The learned Counsel for detenu however submits that while passing the orders of detention, the detaining authority has to form subjective satisfaction on the basis of the grounds mentioned in the detention order and he is not expected to take into consideration stale and non-proximate grounds for reaching such satisfaction while issuing the orders of detention. While, i...
Saibaba Kirana and General Merchant, Banswada Vg and Mandal Vs. Manjir ...
Court: Andhra Pradesh
Decided on: Apr-26-2004
Reported in: 2004(3)ALD843; 2004(4)ALT271; IV(2004)BC421
ORDERG. Rohini, J. 1. This civil revision petition is directed against the order of the Senior Civil Judge, Bodhan, rejecting the plaint in an unnumbered suit holding that the suit is not maintainable.2. The suit was filed seeking a decree for recovery of Rs. 4,14,900/-. The Revision Petitioner/Plaintiff claims to be a prized bidder of the defendant Chit Fund Company. It is pleaded that the plaintiff paid 22 monthly subscriptions and participated in the auction on 6-9-2002 in which he agreed to forego Rs. 25,100/- out of the chit amount of Rs. 5,00,000/-. Thus, the defendant Chit Fund Company is liable to pay a sum of Rs. 4,74,900/- to the plaintiff towards chit amount and that the defendant has also obtained his signatures on all the relevant documents and promised to pay the said amount within one month. It is also pleaded that the plaintiff agreed to deduct a sum of Rs. 60,000/- towards the remaining future instalments and requested the defendant Chit Fund Company to pay the remaini...
Goli Veera Reddy Vs. Yerakareddy Yesu Reddy and ors.
Court: Andhra Pradesh
Decided on: Apr-26-2004
Reported in: 2004(4)ALD447
ORDERC.Y. Somayajulu, J. 1. This appeal is preferred by the claimant in O.P. No. 208 of 1994 on the file of the Motor Accidents Claims Tribunal-cum-I Additional District Judge, West Godavari at Eluru, dissatisfied with the compensation awarded to him by the Tribunal for the death of his son in an accident that took place on 8.11.1993, allegedly due to the rash and negligent driving of the first respondent while driving scooter belonging to the second respondent, and insured with the third respondent, with the deceased as his pillion rider, and dismissing his claim against the third respondent. First respondent chose to remain ex parte. Second respondent filed a counter denying the allegations in the petition and alleging that the deceased accompanied the first respondent to Chintalapudi and died due to his own negligence and that the compensation claimed is highly excessive. Third respondent filed a counter denying the allegations in the petition and putting the petitioner to proof of ...
Tci Finance Ltd. Vs. State of A.P. and anr.
Court: Andhra Pradesh
Decided on: Apr-25-2004
Reported in: 2004(1)ALD(Cri)979; II(2005)BC8; [2005]124CompCas28(AP); 2004CriLJ3163
ORDERG. Yethirajulu, J.1. This appeal is preferred by the complainant in C. C. No. 783 of 1995 on the file of the XI Metropolitan Magistrate, Secunderabad taken on file for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act').2. The factual matrix leading to the filing of this appeal is briefly as under :3. The accused approached the complainant with a proposal for bill discounting facility for which the complainant accepted. The bills were discounted on 23-12-1994 and after deducting the commission the balance amount was paid to the accused. The facility was given for 90 days. The accused has given post-dated cheque bearing No. 880944 dated 23-3-1995 for Rs. 26,12,742/- drawn on United Western Bank Limited, Hyderabad. Subsequent to the date of issuing the cheque, the accused paid Rs. 12,50,000/- on 25-4-1995 and promised to settle the account by the end of May 1995. On 9-6-1995 the complainant company wrote a letter to the accused requesting to s...
G. Raja Rao Vs. Divisional Railway Manager, South Central Railway
Court: Andhra Pradesh
Decided on: Apr-23-2004
Reported in: AIR2004AP410; 2004(3)ALD616; 2004(3)ALT657; IV(2004)BC297
ORDERN.V. Ramana, J.1. Assailing the action of the respondent in not considering the tender of the petitioner submitted by him in pursuance of the Tender Notice No. 8/C/14/ STD Phones-ISD-PCO/Local Calls/Fax/ Internet Booths/BZA/1, dated 30-8-2003, as illegal and arbitrary, he filed the present writ petition.2. In pursuance of the Tender Notice issued by the respondent for allotment of Telephone Booths in Vijayawada Railway Station, the petitioner who claims to belong to Scheduled Caste, submitted his tender for the Telephone Booth reserved for Scheduled Castes. The petitioner states that he had earlier filed writ petition challenging the Tender Notification on the ground of vagueness, in that it had not disclosed the place where the proposed Telephone Booths are to be located, but the same was dismissed. According to the petitioner, the respondent followed Two Packet Tender System - Packet 'A' and Packet 'B' - Packet 'A' contains the technical offer and Packet 'B' contains the financi...
Municipal Corporation of Hyderabad Represented by the Commissioner Vs. ...
Court: Andhra Pradesh
Decided on: Apr-23-2004
Reported in: 2004(4)ALT219
T. Meena Kumari, J.1. As the issue involved in all these writ petitions is one and the same, they are clubbed together and are being disposed of by this common order.2. All these writ petitions have been filed by the Municipal Corporation of Hyderabad rep. by its Commissioner questioning the five supplemental awards passed by the second respondent in Award Nos.B1/93/85 dated 30.6.1987 and 11.1.1989 respectively. In these writ petitions, the official respondents have proposed to acquire Ac.69.27 cents in various survey numbers of Daira, Gaganmahal and Rasooolpura villages for the purpose of the National Park (Indira Park) from various claimants. The extent of land which was acquired and the date of award and other particulars with regard to the payment of compensation in each writ petition are as follows:1. WP No.11641 of 1993: Respondents 4 and 5 are owners of Ac.1.28 guntas in Survey No.20, Ac.0.24 guntas in Survey no.34 and Ac.0.19 guntas in Survey no.35 of Daira, Gaganmahal and Raso...
Vallabhaneni Lakshmana Swamy and anr. Vs. Valluru Basavaiah and ors.
Court: Andhra Pradesh
Decided on: Apr-23-2004
Reported in: 2004(5)ALD807; 2004(5)ALT755
1. The judicial somersault for a decade in the hands of the Division Benches and the Full Bench and the decisional upheavals inherent in the system continue to make the litigant under the perennial predicament and speculation. This is one such instance, we are called upon to clear the riddles.2. The matter is brought before us on a reference made by a learned Single Judge (BPRJ) in regard to the decision rendered by the Full Bench of this Court reported in Motichand Jain v. Jaikumar M, : AIR2004AP136 (FB).3. The issue that arises for consideration is(a) Whether A.P. Civil Court (Amendment) Act, 30 of 1989 is retrospective or prospective in operation?(b) Whether there is any distinction between vested right and right to forum? 4. The Andhra Pradesh Civil Court Act, 1972 was brought into statute book with effect from 1.11.1972. The pecuniary jurisdiction of Courts both original and appellate and as also the forum are being amended from time to time. By A.P. Civil Court (Amendment) Act, 3...
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