Andhra Pradesh Court April 2004 Judgments
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K. Neelakantan Vs. Pathikottai Aghagiri Transport Corporation Ltd., Re ...
Court: Andhra Pradesh
Decided on: Apr-08-2004
Reported in: III(2005)ACC164; 2005ACJ760; 2004(4)ALT635
B.S.A. Swamy, J.1. The claimant preferred this appeal having not satisfied with the compensation awarded by the District Judge-cum-Motor Accident Claims Tribunal, Chittor, in M.V.O.P. No. 537 of 1991, dated 05-12-1996.2. The case of the claimant is that on 09-06-1991 at about 5 p.m. while he was proceeding on a bicycle towards Tirupathi side, the bus bearing No. TCB 3627 came in a rash and negligent manner from Chittor side and dashed against the bicycle of the petitioner from behind. As a result of that impact, he fell down on the road and sustained grievous injuries to his head, his right thie and other injuries all over the body. He was immediately admitted to the Government Hospital, Chittor, where he was treated from 09-06-1991 to 17-06-1991. Thereafter, he was admitted in S.V.R.R. hospital, Tirupathi. Since, he could not recover from the injuries there, he was shifted to Government General Hospital, Madras, where he took treatment for some time, to dissipated muscles in the right...
The A.P. Wakf Board, Rep. by Its Secretary, M.A. Wahed Vs. Syed Jalalu ...
Court: Andhra Pradesh
Decided on: Apr-08-2004
Reported in: AIR2005AP54; 2004(4)ALT389
Bilal Nazki, J.1. Wakf Board filed a suit being O.S. No. 61 of 1980 for declaration and possession of the suit schedule property. It sought eviction of defendants 1 to 17 and also claimed mesne profits. It also sought a decree for permanent injunction. It also sought injunction against Municipality-defendant No.5 not to pay compensation for lands acquired during the road widening. Defendants 1 to 4 in O.S. No. 61 of 1980 filed another suit being O.S. No. 156 of 1975 which was later numbered as O.S. No. 137 of 1978 seeking injunction against the Wakf Board. Both the suits were clubbed together and decided by a common judgment. O.S. No. 61 of 1980 filed by Wakf Board was dismissed, whereas O.S. No. 137 of 1978 filed by the defendants was decreed in part. The Wakf Board filed two appeals being AS No. 2348 of 1987 and Tr. AS No. 1171 of 1990. Tr. AS No. 1026 of 1991 has been filed by the plaintiffs in O.S. No. 137 of 1978. Since all these three appeals arise out of the same judgment of the...
Vadlamannati Venkata Satya Suryanarayana Murthy Vs. the Commissioner, ...
Court: Andhra Pradesh
Decided on: Apr-08-2004
Reported in: 2004(5)ALD149; 2004(5)ALT428
D.S.R. Varma, J.1. The unsuccessful plaintiff before the lower appellate Court is the appellant and the respondents are the defendants.2. For the sake of convenience, the parties will be referred to as arrayed in the suit.3. The plaintiff filed the suit for declaration of title to the plaint schedule property, for permanent injunction, for grant of a decree to evict the defendants from the plaint schedule property and for delivery of the same and for damages. For the purpose of resolving the controversy, the second defendant is not a necessary party inasmuch as the first defendant-Municipality is the contesting party and disputing the title of the plaintiff and also claiming title over the suit schedule property.4. The Trial Court decreed the suit in favour of the plaintiff, which was appealed against the same and the lower appellate Court reversed the findings of the trial Court after re-appreciating the entire material on record. Eventually, the suit was dismissed. Hence, the present...
Komatireddy Ramachandra Reddy and ors. Vs. Y. Maramma and anr.
Court: Andhra Pradesh
Decided on: Apr-07-2004
Reported in: 2004(3)ALD243
L. Narasimha Reddy, J.1. The defendants in O.S. No. 1172 of 1997 on the file of the Junior Civil Judge, Nalgonda, are the appellants in this second appeal. The suit filed against them by the plaintiffs was dismissed on 12-4-1994. Aggrieved by the same, the respondents-plaintiffs filed A.S. No. 29 of 1994 in the Court of I Additional District Judge, Nalgonda. The appeal was allowed through Judgment dated 6-9-2002, Hence, the second appeal by the defendants-appellants. For the sake of convenience, the parties are referred to as arrayed in the suit.2. The facts leading to the filing of the second appeal may briefly be narrated as under:3. Plaintiffs filed the suit against the defendants for the relief of perpetual injunction in respect of Ac. 13.22 gts. of land in Sy.No. 388 and D.No. 701 of Melladuppalapally Village, Nalgonda Mandal and District. The plaintiffs did not plead in detail about their title, but have asserted their possession. They relied upon the entries in various revenue r...
United India Insurance Company Limited Vs. S. Rama Krishna Reddy and o ...
Court: Andhra Pradesh
Decided on: Apr-07-2004
Reported in: III(2005)ACC524; 2005ACJ1229; 2004(3)ALD715; 2004(4)ALT411
ORDERL. Narasimha Reddy, J.1. This C.R.P. is filed against the orders of the I Additional District Judge, Nalgonda, dated 18-10-2002 in E.A.No.2 of 2002 in E.P.No. 24 of 2002 in O.P.No. 602 of 1991, impleading the petitioner herein as one of the respondents.2. Respondents 2 and 3 filed O.P. No. 602 of 1991 in the Motor Accidents Claims Tribunal-cum-I Additional District Judge, Nolgonda, alleging that their minor daughter by name Alivelu Manga, died in an accident on 11-5-1991, involving the tractor and trailer of the 1st respondent. They claimed compensation of Rs. 70,000/-. Through judgment dated 1-10-1991 the Tribunal awarded a compensation of Rs. 70,000/- together with interest and costs. The decree became final. Since the 1st respondent did not satisfy the decree, Respondents 2 and 3 filed E.P. No. 24 of 2002 for recovery of the decretal amount, which became Rs. 1,72,660/- by that time. On receipt of notice in the E.P., the 1st respondent filed E.A. No. 2 of 2002, requesting the Tr...
Royalwar Gangaram Vs. Chandrakanth Tambakuwar and ors.
Court: Andhra Pradesh
Decided on: Apr-07-2004
Reported in: 2004(4)ALD859
ORDERG. Rohini, J.1. This revision petition is directed against the order dated 22.10.2003 in IA No. 247 of 2003 in OS No. 18 of 1999 on the file of the Court of the Senior Civil Judge, Bodhan, Nizamabad District.2. The revision petitioner is the second defendant in the suit, whose application filed under Order 13, Rule 10 of the Code of Civil Procedure (for short 'the Code') for summoning certain documents, was dismissed by the Court below.3. The main suit was filed by the first respondent herein seeking a declaration that the Registered Sale Deed dated 16.7.1997 relating to the sale of the house bearing No. 2-72 (old), 2-77 (new) situated at Madnoor Gram Panchayat is null and void. As per the plaint averments, the father of the plaintiff by name Uddav was the absolute owner and possessor of the said house. It is stated that his father died on 21.11.1990 and thereafter by virtue of the order of the Gram Panchayat, Madnoor dated 21.4.1992, the said house property along with other prope...
General Manager, South Central Railway Vs. A. Veera Lakshmi Bhaskaram ...
Court: Andhra Pradesh
Decided on: Apr-07-2004
Reported in: 2005ACJ1609; 2004(4)ALT618
Dharma Rao Elipe, J.1. The present appeal is preferred by the appellant -respondent being aggrieved by the orders passed by the Railway Claims Tribunal, Secunderabad Bench at Secunderabad (for short 'the Tribunal') in OANo 107 of 1997, dated 16-4-1998.2. The first respondent, who is the wife of the deceased and his dependents filed the above O.A. before the Tribunal, seeking compensation for the death of the deceased. Second respondent-applicant is the married daughter, third respondent is the unmarried daughter and fourth respondent is the son of the deceased. It is the case of the claimants that while the deceased was traveling 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 G...
United India Insurance Co. Ltd. Vs. S. Rama Krishna Reddy and ors.
Court: Andhra Pradesh
Decided on: Apr-07-2004
Reported in: 3(2005)ACC524
L. Narasimha Reddy, J.1. This C.R.P. is filed against the orders of the First Additional District Judge, Nalgonda, dated 18.10.2002 in E.A. No. 2 of 2002 in E.P. No. 24 of 2002 in O.P. No. 602 of 1991, impleading the petitioner herein as one of the respondents.2. Respondent Nos. 2 and 3 filed O.P. No. 602 of 1991 in the Motor Accident Claims Tribunal-cum-1st Additional District Judge, Nalgonda, alleging that their minor daughter by name Alivelu Manga, died in an accident on 11.5.1991, involving the tractor and trailer of the respondent No. 1. They claimed compensation of Rs 70,000/-. Through the judgment dated 1.10.1991 the Tribunal awarded a compensation of Rs. 70,000/- together with interest and costs. The decree became final. Since the respondent No. 1 did not satisfy the decree, respondent Nos. 2 and 3 filed E.P. No. 24 of 2002 for recovery of the decretal amount, which became Rs. 1,72,660/- by that time. On receipt of notice in the E.P., respondent No. 1 filed E.A. No. 2 of 2002, ...
Hyderabad Plywood Industries (P) Ltd. Vs. Presiding Officer, Labour Co ...
Court: Andhra Pradesh
Decided on: Apr-06-2004
Reported in: 2004(3)ALD707; 2004(4)ALT251; (2004)IIILLJ600AP
ORDERK.C. Bhanu, J.1. As the issues that arise for consideration in these two writ petitions are one and the same, they are dealt with by a common order.These writ petitions are filed invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India to quash the common award dated 29.3.1996 in ID Nos. 666 of 1992 and 668 of 1992 on the file of Presiding Officer, Labour Court III, Hyderabad, in directing the writ petitioner to reinstate R2 and R3 into service. Aggrieved by the same, W.P. No. 14538 of 1996 is filed by the writ petitioner-Management. Aggrieved by the award, dated 6.4.1996 in I.D.No. 669 of 1992 directing the writ petitioner to reinstate into service with continuity of service, writ petitioner-Management filed W.P. No. 16020 of 1996.2. The brief facts that are necessary for disposal of these writ petitions may be depicted as follows:3. The petitioner is a Private Limited Company duly incorporated under the Companies Act, 1956, having its ...
Union of India (Uoi), by Its General Manager, Sc Railway Vs. Alapati V ...
Court: Andhra Pradesh
Decided on: Apr-06-2004
Reported in: 2006ACJ1014; 2004(4)ALD493; 2004(5)ALT500
ORDERE. Dharma Rao, J.1. This appeal is preferred by the appellant herein as against the order dated 16-11-1995 in O.A.No. 32 of 1994 on the file of Railway Claims Tribunal, Secunderabad Bench, Secunderabad.2. On appreciation of both oral and documentary evidence and on consideration of facts and circumstances of the case, the Tribunal directed the appellant herein to pay sum of Rs. 4,55,000/- to the respondent-applicant towards compensation with interest at the rate of 12% per annum from the date of application till the date of payment. Accordingly, the application was allowed in part with proportionate costs. Aggrieved by the same, the appellant preferred this appeal.3. The learned counsel for the appellant contended that the Tribunal below erred in not dismissing the application for non- compliance with Section 106 of the Railway Act, 1989 (herein after referred to as 'Act' for the sake of convenience). The learned Counsel further contended that the Tribunal below erred in holding t...
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