Andhra Pradesh Court April 2004 Judgments

Y. Vijaya Lakshmi Vs. Life Insurance Corporation of India

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

I. Venkatanarayana, President: 1. These two appeals are filed by the complainant aggrieved by the orders by the District Forum-II, Hyderabad in C.D. Nos. 32 and 36 of 1999 dated 28.6.2001. Since both these appeals are arisen out of a common order and the complainant is also common in both the appeals, they are disposed of by this common order. 2. The factual matrix leading to the filing of these appeals are set out as hereunder: The complainant is the wife of late Y. Suryakant Reddy who took two insurance policies, one for Rs. 1 lakh under Policy No. 640600134 dated 29.3.1990 which has expired and revived on 31.1.1995 by paying Rs. 24,712/- and another policy bearing No. 641509210 on 15.11.1994 which came into effect from 28.11.1994 for Rs. 50,000/-. The insured died on 18.3.1996. The complainant submitted all the documents to the opposite party seeking to settle the amounts under the two policies. The opposite party by their letter dated 31.3.1997 repudiated the claims under both the ...

Miryala Kavitha @ Yadamma Vs. Miryala Krishnaiah

Court: Andhra Pradesh

Reported in: 2004(3)ALD690; 2004(4)ALT330; II(2004)DMC313

ORDERL. Narasimha Reddy, J. 1. This civil revision petition is filed against the order dated 31.1.2004 in I.A. No. 506 of 2003 in O.P. No. 73 of 2002 on the file of Senior Civil Judge, Miryalaguda. Through the order under revision, the Trial Court dismissed the application filed under Section 5 of the Limitation Act to condone delay of 122 days in presenting the application under Order IX, Rule 13 of the Code of Civil Procedure.2. The respondent is the husband of the petitioner. He filed O.P. No. 73 of 2002 in the Trial Court under Section 13 of the Hindu Marriage Act seeking divorce on the ground that the petitioner was a patient suffering from the disease of Epilepsy, her behaviour was violent and that her conduct has become unbearable for him. O.P. was decreed ex parte, on 12.3.2003. The petitioner filed an application under Order DC, Rule 13 of the Code of Civil Procedure to set aside the ex parte decree. Since there was delay of 122 days in presenting the said application, she fil...

Syed Gulam Sarwar Biabani and ors. Vs. Afzalunnisa Begum and ors.

Court: Andhra Pradesh

Reported in: AIR2004AP485; 2004(4)ALT648

Bilal Nazki, J.1. Original Suit No. 63 of 1977 was decided by Principal Subordinate Judge, Warangal against which, A.S. No. 1206 of 1987 has been filed. Cross-Objections have also been filed in this A.S. No. 1206 of 1987. O.S. No. 63 of 1977 had been decreed. Tr. A.S. No. 838 of 1989 was filed against the decree and judgment in O.S. No. 201 of 1981. Tr. A.S. No. 1659 of 1988 was filed against the decree and judgment in O.S. No. 202 of 1981 and Tr. A.S. No. 839 of 1989 is against O.S. No. 71 of 1982. These appeals raise common questions of facts and law. While referring to the facts, we will refer to O.S. No. 63 of 1977, which has given rise to A.S. No. 1206 of 1987.2. O.S. No. 63 of 1977 had been decreed. This suit was filed by one Afzalunnisa Begum. She sought declaration that she was the Mutawalli and Sajjada of the suit shrine. She had become Mutawalli and Sajjada after the death of her father Abdul Kareem Biabani. She also sought possession and eviction of defendants No. 1 to 5. Sh...

State of A.P. and ors. Vs. Mohd. JalaluddIn Akbar @ Mohd. JalaluddIn A ...

Court: Andhra Pradesh

Reported in: 2004(4)ALD109

L. Narasimha Reddy, J.1. These two civil miscellaneous appeals are disposed of together, since they arise between the same parties and under the same set of facts.2. C.M.A. No. 1074 of 2004 is filed against the order dated 20-2-2004 in I.A. No. 373 of 2003 in O.S. No. 54 of 2003 on the file of the Senior Civil Judge, Vikarabad, Ranga Reddy District. C.M.A. No. 1075 of 2004 is filed against the order of the same date in I.A. No. 369 of 2003 in O.S. No. 53 of 2003 on the file of the same Court. Since the parties in both the suits and IAs are same, they are referred to as arrayed in the suits. Through the orders under appeal, the Trial Court granted temporary injunction under Order 39, Rule 1 C.P.C., in favour of the plaintiffs. Hence, the defendants preferred these appeals.3. O.S. No. 54 of 2003 is filed by four plaintiffs, represented by their Special Power of Attorney, Ponnuri Bala Kutumba Rao, for the relief of declaration, that they are the absolute owners of the plaint schedule prop...

Shan Zahoor Vs. Vijayawada Municipal Corporation

Court: Andhra Pradesh

Reported in: 2004(4)ALD245; 2004(4)ALT781

L. Narasimha Reddy, J. 1. This batch of Civil Miscellaneous Second Appeals is filed under Section 287 of the Hyderabad Municipal Corporation Act (for short 'the Act') as extended to the Vijayawada Municipal Corporation (hereinafter referred to as 'the Corporation'). While some of the appeals are filed by the Corporation, the others are filed by the assessees of property tax, who are either occupiers or owners of the premises within the limits of the Corporation.Facts :2. The Corporation intended to revise the property tax for the premises within its jurisdiction, way back in the year 1993. A draft notification was issued by it on 17-2-1993. It became the subject-matter of proceedings before this Court and the Hon'ble Supreme Court. After the proceedings reached finality, with the order of the Supreme Court dated 23-4-2001, it resumed the steps. Another draft notification was issued on 16-4-2001. Representations were received from individuals and associations. The Corporation passed res...

Deccan Chronicle Vs. G. Pedda Reddy and ors.

Court: Andhra Pradesh

Reported in: 2004(4)ALD382; 2004(4)ALT360

ORDERK.C. Bhanu, J.1. W.P. No. 27736 of 1995 is directed against the award, dated 20.4.1995 in I.D. No. 392 of 1993 passed by the Addl. Industrial Tribunal-cum-Additional Labour Court, Hyderabad, wherein, the writ petitioner herein was directed to reinstate the 1st respondent herein into service with full back wages, continuity of service and other attendant benefits whereas, W.P. No. 23013 of 1995 is filed against the order, dated 22.4.1995 in M.P.No. 19 of 1994 passed by the Addl. Industrial Tribunal-cum-Additional Labour Court, Hyderabad, wherein, the writ petitioner herein was ordered to pay an amount of Rs. 72,193.16 to the 1st respondent herein towards monetary benefits within one month.2. Since the parties are one and the same in both the writ petitions and the dispute is with regard to the employment of the 1st respondent herein with the writ petitioner, these writ petitions are dealt with by a common order.3. For better appreciation of the facts, the parties are referred to as...

D. Rajasekhar Vs. Govt. of Andhra Pradesh, Home Dept.

Court: Andhra Pradesh

Reported in: 2004(1)ALD(Cri)894; 2004(3)ALT723

Devinder Gupta, C.J.1. The petitioner who claims to be a public-spirited person, swayed by News item that only 46 prisoners were released out of more than 500 such eligible persons aftercompletion of ten years of sentenceincluding remission, filed this petition as PIL,after furnishing details of prisonersundergoing sentence in various jails in theState, the offences for which they have beenconvicted and the sentences imposed in therelevant crime cases and the period ofsentence undergone. He submits that notless than five hundred prisoners all over theState are eligible to bet released by virtue ofthe policy decision taken by the Governmentof Andhra Pradesh to release prisoners oncompletion of ten years of imprisonmentincluding remission i.e., seven years actualimprisonment and three years remissionperiod. Petitioner states that instead ofreleasing all the eligible prisoners, theGovernment have released only 46prisoners. He, therefore, has sought adirection to declare Para 5 of G.O.Ms.N...

Sarasani Hanuma Reddy and ors. Vs. the State of A.P.

Court: Andhra Pradesh

Reported in: 2004(2)ALD(Cri)207; 2004CriLJ3138

B. Seshasayana Reddy, J.1. This Criminal Appeal is directed against the judgment dated 16-9-2002 passed in S.C. No. 199 of 2001 on the file of I Additional Sessions Judge, Nalgonda, whereby the learned Additional Sessions Judge found A1 Sarasani Hanuma Reddy, A2 Sarasani Laxma Reddy, A3 Bokka Srinivas Reddy, A4 Gundarapu Pullaiah.i A5 Gunda rapu Venkanna, A6 Gunaganti Laxmaiah, A7 Gunaganti Ramulu and A8 Konatham Venkanna guilty for the offences under Sections 148, 302 and 435 r/w ,149, IPC and convicted them accordingly and sentenced each of them to suffer RI for one year for the offence under Section 148 IPC, imprisonment for life and fine of Rs 300/- in default to suffer SI for one month for the offence under Section 302, IPC and RI for one year and fine of Rs. 100/- in default to suffer SI for one month for the offence under Section 435 r/w 149, IPC. However, the learned Additional Sessions Judge found A9 Mattipally Guruvaiah not guilty for the offences under Sections 148, 302 and ...

Dr. S. Dattatreya Rao and ors. Vs. State of Andhra Pradesh and ors.

Court: Andhra Pradesh

Reported in: 2004(3)ALD676; 2004(4)ALT114

P.S. Narayana, J. 1. Dr. S. Dattatreya Rao and others, the writ petitioners in W.P. No. 9915 of 2001, aggrieved by the order of the learned Single Judge in the aforesaid writ petition dated 19-8-2003 had preferred the present writ appeal. The writ petition was filed for issuance of a writ, order or direction more particularly one in the nature of mandamus declaring the action of the respondents in proposing to impose ban on private practice by the Ayurvedic College and hospitals of R-2 as illegal, arbitrary and without jurisdiction and to restrain them from imposing such ban and to pass such suitable orders. The learned Single Judge disposed of writ petition, while vacating the interim order, directing the respondents to consider the issue of payment of private practice allowance. The said order of learned Single Judge is assailed in this writ appeal.2. Sri C.V. Mohan Reddy representing Sri B. Narayana Reddy, the Counsel for appellants-petitioners made the following submissions:3. The ...

Yali Moula Educational Society and anr. Vs. Jawaharlal Nehru Technolog ...

Court: Andhra Pradesh

Reported in: 2004(3)ALD668; 2004(4)ALT260

ORDERR. Subhash Reddy, J.1. As common questions of fact and law are involved in these two writ petitions, they are being disposed of by this common order.2. Writ Petition No. 324 of 2003 is filed questioning the proceedings of the Jawaharlal Nehru Technological University dated 28.12.2002, whereas, Writ Petition No. 17505 of 2003 is filed questioning the order of the same University, dated 6.8.2003.3. The first petitioner is an educational society registered under the provisions of the Andhra Pradesh (Telangana Area) Public Societies Registration Act, 1350 Fasli, which has started the second petitioner-College, namely, Moula Ali College of Engineering and Technology, in Gonipeta Village of Penukonda Mandal of Anantapur District. The All India Council for Technical Education, a body constituted under the provisions of the All India Council for Technical Education Act, 1987 (for short 'AICTE Act'), has approved the starting of second petitioner-college vide proceedings dated 19.7.2001, T...