Andhra Pradesh Court June 2004 Judgments
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Dr. Reddy's Laboratories Limited, a Company Incorporated under the Com ...
Court: Andhra Pradesh
Decided on: Jun-30-2004
Reported in: 2004(4)ALD719; 2004(5)ALT209
ORDERL. Narasimha Reddy, J.1. These five Tr.C.M.Ps. arise under similar circumstances though with slight differences as to facts. Hence, they are disposed of through a common order.2. These Tr.C.M.Ps. are filed seeking transfer of O.S.Nos.240, 244 and 245 of 2003 on the file of Principal Senior Civil Judge, Rajahmundry, O.S. No. 242 of 2003 on the file of Additional Senior Civil Judge, Rajahmundry and O.S. No. 186 of 2003 on the file of Senior Civil Judge, Ramachandrapuram, East Godavari District. Three suits on the file of Principal Senior Civil Judge, Rajahmundry, were filed by one V. Hanumantha Rao against two defendants therein for recovery of certain amounts. O.S. No. 244 of 2003 is filed by one P. Varaha Chandra Bose and O.S. No. 186 of 2003 is filed by one V. Satyanarayana for recovery of certain amounts against the respective defendants. In all the suits, the respective plaintiffs filed applications under Order 38 CPC and obtained orders of 'attachment before judgment' in relat...
United India Insurance Co. Ltd.,rep. by Its Divisional Manager Vs. M. ...
Court: Andhra Pradesh
Decided on: Jun-30-2004
Reported in: 2004(5)ALD425
C.Y. Somayajulu, J.1. First respondent filed a claim petition seeking compensation of Rs. 60,000/- from respondents 2 and 3 and the appellant, the owners and insurer of the auto rickshaw bearing No. AP-02-V-1310, alleging that the driver of the auto rickshaw, while driving it in a rash and negligent manner dashed against his motor cycle resulting in injuries to him and examined himself as PW-1 and marked Exs. A1 to A5. Second respondent chose to remain ex-parte. Third respondent filed a counter contending that he is not the owner of the Auto-rickshaw involved in the accident, and examined himself as RW-1 but did not adduce any documentary evidence on his behalf. Appellant filed a counter inter alia, contending that it is not an insurer of the Auto-rickshaw which caused accident but did not adduce evidence either oral or documentary.2. The Tribunal having held that the accident occurred due to the rash and negligent driving of the Auto-rickshaw bearing No. AP-02-V-1310 passed an award f...
Kore Gopal Vs. Jetti Punnaiah and anr.
Court: Andhra Pradesh
Decided on: Jun-30-2004
Reported in: 2004(2)ALD(Cri)197; I(2005)BC516
B. Seshasayana Reddy, J.1. This Criminal Petition is filed by the sole accused-Kore Gopal in C.C. No. 46 of 2001 on the file of Judicial First Class Magistrate, at Luxettipet to quash the proceedings therein.2. R1 herein is the complainant in C.C. No. 46 of 2001. The complaint averments in brief are as follows:The accused issued a cheque bearing No. 850611 dated 23.11.2000 of Rs. 5,00,000/- in favour of the complainant towards discharge of his legally enforceable liability. The said cheque on presentation came to be dishonoured on 8.12.2000. Consequently the complainant issued a statutory notice dated 11.12.2000 demanding the accused to pay the cheque amount. The said notice sent by the complainant through M/s. A.N.L. Parcel Service was returned unserved as the addressee/accused refused to take the same. He also got the statutory notice published in Eenadu Daily, Adilabad edition on 16.12.2000 demanding the accused to pay the cheque amount. Since the accused failed to pay the amount co...
Mr. Mohd Abdul Rehaman Quadri S/O. Mohd Quadri Vs. Mr. P. Gangadhar Ra ...
Court: Andhra Pradesh
Decided on: Jun-29-2004
Reported in: 2004(4)ALD717; 2004(5)ALT238
ORDERL. Narasimha Reddy, J.1. This C.R.P. is filed against the order of the learned Chief Judge, City Civil Court, Hyderabad, in C.M.A. No. 40 of 2004. C.M.A., in turn, was filed against the order passed by the learned VIII Junior Civil Judge, City Civil Court, Hyderabad, in I.A. No. 1306 of 2003 in O.S. No. 7724 of 2003. 2. The respondent filed the suit for the relief of injunction - simplicitor against the petitioner. It is his case that the suit schedule property was part of an extent of Ac.7.28 guntas of land in Sy. No. 257 of Miralam Tank Road, Bahadurpura Mandal, Hderabad, and that it was purchased in the name of his minor brother, Venkat Rao, by his father. He further pleaded that after the death of their father, the said Venkat Rao, himself and his mother, succeeded to the property, and that in a partition that was effected among them, the suit schedule property, along with another property fell to his share. The remaining extent is said to have been sold long back. He also fil...
V. Divakara Rao, S/O George, Head Master, Z.P.P. High School, Vs. V. S ...
Court: Andhra Pradesh
Decided on: Jun-29-2004
Reported in: 2004(5)ALD626
ORDERL. Narasimha Reddy, J.1. This civil revision petition is filed against the order dated 2.5.2003 passed by the Senior Civil Judge, Tanuku in E.A. No. 160 of 2003 in E.P. No. 80 of 2002 in O.S. No. 96 of 2000.2. The respondent filed O.S. No. 96 of 2000 against the petitioners for recovery of a sum of Rs.1,00,000/-, on the strength of a promissory note, in the Court of Senior Civil Judge, Tanuku. The said suit was decreed ex parte on 25.4.2001. Thereafter, he initiated execution proceedings by filing E.P. No. 80 of 2002. The petitioners received notices in the E.P. According to them, they were not aware of the suit, passing of the ex pate decree therein or filing of E.P. till then. The petitioners state that they filed an application under Order IX Rule 13 C.P.C. to set aside the ex parte decree and since there was delay of about 600 days in filing the petition, they filed I.A. under Section 5 of the Limitation Act. While the said application was pending, the salaries of all the thre...
Union of India (Uoi) Rep by Its General Manager, South Central Railway ...
Court: Andhra Pradesh
Decided on: Jun-29-2004
Reported in: 2004(5)ALD427
ORDERP.S. Narayana, J. 1. Heard Sri R.S. Murthy, Counsel representing the writ petitioners. None present representing the respondent.2. The Writ Petition is filed by the Union of India represented by General Manager, South Central Railway, Rail Nilayam, Secunderabad and others for issuance of a writ of certiorari or any other appropriate writ, order or direction to set aside the order of the Central Administrative Tribunal, Hyderabad Bench made in O.A. No. 850/98 dated 3-3-1999 and pass such other suitable orders. 3. The 1st respondent in the Writ Petition H. Siva Mohan Rao is the applicant in O.A. No. 850/98 aforesaid. The Central Administrative Tribunal was shown as 2nd respondent who had been referred to as unnecessary party. Hence the applicant in the O.A. is hereinafter referred to as respondent and the respondents in the O.A. are hereinafter referred to as petitioners for the purpose of convenience.4. The respondent filed O.A. No. 850/98 on the file of Central Administrative Trib...
T. Hanumantha Rao and anr. Vs. Motepalli Venkataratnam and ors.
Court: Andhra Pradesh
Decided on: Jun-29-2004
Reported in: III(2005)ACC869; 2006ACJ2450; 2004(5)ALD391
C.Y. Somayajulu, J. 1. Appellants, who are the parents of Thota Satish (the deceased) aged about 12 years, filed a claim petition seeking compensation of Rs. 1,00,000/- from the respondents who are the driver, owner and insurer, respectively, of the lorry bearing No.AP-16-U-8239, alleging that when they and their three children including the deceased were standing at Hanuman Junction, first respondent (driver of the offending lorry) engaged them to unload the goods being transported in the lorry at Anakapalli and so they boarded the lorry as coolies to unload the goods being transported in the lorry and on the way to Anakapalli the deceased, due to the rash and negligent driving of the first respondent, was thrown out of the body of the lorry and died and so they are entitled to the compensation claimed. Respondents 1 and 2 chose to remain ex parte. Third respondent filed a counter inter alia contending that it is not liable to pay any compensation to the appellant because appellants a...
E. Vinod and anr. Vs. Sathamm and ors.
Court: Andhra Pradesh
Decided on: Jun-29-2004
Reported in: 2004(5)ALD686; 2004(6)ALT632
D.S.R. Varma, J.1. Heard the learned Counsel for the appellants and the learned Counsel for the respondents.2. This appeal is directed against the judgment and decree dated 27-11-1995 passed by the First Additional Chief Judge, City Civil Court, Secunderabad in O.S. No. 395 of 1985 dismissing the suit.3. For the sake of convenience, in this judgment, parties will be referred to according to their array in the suit.4. The plaintiffs are the appellants herein. The suit was filed, informa pauperis, for passing a preliminary decree for partition of an undivided Hindu joint family house property bearing H.No. 6-1-317/2, situate at Venkatapuram Colony, Walker Town, Padmaraonagar, Secunderabad, amongst the plaintiffs/Defendants No. 2 and 8 and for allotment by metes and bonds and for delivery of possession of respective shares of the plaintiffs; and Defendants 2 and 8 and for declaration that the sale deed, dated 10-9-1970 registered on 15-9-1970, in the office of the Sub-Registrar, Secundera...
National Mineral Development Corp. Ltd. Vs. Commercial Tax Officer and ...
Court: Andhra Pradesh
Decided on: Jun-29-2004
Reported in: [2004]137STC357(AP)
ORDERP.S. Narayana, J.1. Heard Sri S. Krishna Murthy, the learned counsel representing the writ petitioner and the learned Government Pleader for Commercial Taxes2. M/s. National Mineral Development Corporation Limited, Hyderabad, filed the present writ petition praying for a writ of certiorari after calling for the records and quash the assessment order passed by the first respondent, Commercial Tax Officer, Agapura Circle, Hyderabad, in G.I.R. No. 10396/92-93 (ST) dated October 18, 2002 and order refund of the amount of Rs. 88,166 paid by the writ petitioner for the above assessment order and for such other suitable orders. The writ petitioner is a public limited company engaged in the business of excavation and export of minerals and is an assessee on the rolls of the first respondent. The first respondent by his proceedings dated October 20, 1999 in Rc. No. 1396/99-2000 1396/99-2000 had made an assessment under the Central Sales Tax Act, 1956, hereinafter referred to as 'the Act' f...
Smt. G. Vijayalakshmi W/O. Sri G. Sudhakar Rao Vs. Progressive Finance ...
Court: Andhra Pradesh
Decided on: Jun-28-2004
Reported in: 2004(5)ALD82; 2004(6)ALT811
ORDERL. Narasimha Reddy, J. 1. This C.R.P. is filed against the order passed by the learned I Additional Chief Judge, City Civil Court, Secunderabad, in CMA. No. 38 of 1998, dated 4-5-2001. The C.M.A., in turn, was filed against the order dated 21-03-1998 passed by the Court of I Assistant Judge, City Civil Court, Secunderabad, in E.A.No. 103 of 1997 in E.P. No. 93 of 1997.2. The respondent filed O.S. No. 933 of 1995 in the Court of I Assistant Judge, City Civil Court, Secunderabad, against the husband of the petitioner for recovery of about Rs. 35,000/-. The suit was decreed ex parte on 19-08-1996. Since the decree was not complied with, respondent filed E.P. No. 93 of 1997. A Car bearing No. AP 9 C 354 (Maruti) was attached by the executing Court. The petitioner filed E.A. No. 103 of 1997 under Rule 58 of Order 21 C.P.C. It was her case that the Car was purchased by her, and that the registration also stands in her name. She sought for raising of the attachment. The respondent resist...
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