Andhra Pradesh Court June 2004 Judgments
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Kolla Venkateswarlu Vs. Abdul Kareem and anr.
Court: Andhra Pradesh
Decided on: Jun-23-2004
Reported in: I(2005)ACC837; 2005ACJ1144; 2004(4)ALD729; 2004(5)ALT240
C.Y. Somayajulu, J.1. Appellant filed the claim petition seeking compensation of Rs. 30,000/-from the respondents, who are the owner and insurer of the lorry bearing No. ABW 2293 alleging that the driver of that lorry, due to his rash and negligent driving, caused damage to his pan shop. First respondent chose to remain ex parte before the Tribunal. Appeal against him (first respondent) stood dismissed for default for non-payment of process as per the order dated 17-2-2000. Second respondent filed counter, inter alia, contending that its liability is limited to an extent of Rs. 6,000/-. In support of his case, appellant examined himself as P.W.1 and another witness as P.W.2 and marked Exs.A-1 to A-3. No evidence either oral or documentary was adduced on behalf of second respondent. The Tribunal having held that the accident took place due to the rash and negligent driving of the lorry of the first respondent, passed an award for Rs. 20,000/-in favour of the appellant against both the r...
Paka Venkaiah Vs. Taduri Buchi Reddy and ors.
Court: Andhra Pradesh
Decided on: Jun-23-2004
Reported in: 2004(4)ALD889
L. Narasimha Reddy, J. 1.These two second appeals arise out of two first appeals, being A.S. Nos. 17 of 1999 and 3 of 2000, which in turn arose out of the decree in O.S. No. 155 of 1991. Hence, they are dealt within a common judgment. The plaintiff is the appellant. For the sake of convenience, the parties shall be referred to as arrayed in the suit.2. Paka Venkayya, the plaintiff, filed O.S. No. 155 of 1991 in the Court of Junior Civil Judge, Ramannapet against the defendants for the relief of recovery of possession of the suit schedule property comprising of Ac.6.35 guntas in Survey No. 122 of Thupranpet Village, Choutuppal Mandal, Nalgonda District. According to him, the land was held by one Paka Mallamma, as protected tenant, and thereafter ownership rights were conferred upon her in relation to that land. He pleaded that his grandfather Paka Mutyalu and husband of Paka Mallamma, viz. Paka Venkayya are brothers and he became the sole legal heir of Paka Mallamma, after her death in ...
Nanu Vs. Ghouse MohinuddIn and anr.
Court: Andhra Pradesh
Decided on: Jun-23-2004
Reported in: 2006ACJ1885; 2004(5)ALD48; 2004(5)ALT423; [2004(102)FLR1196]
M. Narayana Reddy, J. 1. This Judgment, according to Law, arises out of a civil miscellaneous appeal, filed by the sole appellant, against R.1 and R.2, under Section 30 of the Workmen's Compensation Act, 1923, questioning the, validity and legality, of the adjudications made by, and set forth in Para 2, infra.2. Orders, dated 21-11-2001, of the Commissioner for Workmen's Compensation, Nizamabad, made in W.C. No. 17 of 2000, of his file.3. Perused the material papers of the Record.4. Arguments were heard.5. The sole appellant in this C.M.A. corresponds, to the sole applicant in the said W.C. No. 17 of 2000, of the file of the said Commissioner, R.1 and R.2 herein correspond, respectively, to Opposite Party Nos. 1 and 2 therein.6. The parties are, hereinafter, referred to, as applicant, R.1 and R.2, lest, so specified.7. The sole applicant filed the said W.C. No. 17 of 2000, against R.1 and R.2, under Section 22 of the said Workmen's Compensation Act, 1923, (Enactment of 1923), for recov...
Rentala Kesavulu Vs. Deputy Chief Mechanical Engineer, Carriage Repair ...
Court: Andhra Pradesh
Decided on: Jun-23-2004
Reported in: 2006ACJ351; 2004(5)ALD219
T. Ch. Surya Rao, J.1. The unsuccessful claimant seeks to assail the order and decretal order dated 20.7.1998 passed by the learned Chairman, Motor Accidents Claims Tribunal-cum-III Additional District Judge, Tirupati, in M.V.O.P. No. 599 of 1990.2. According to the appellant, on 19.9.1990 at about 4.00 p.m., when he was travelling in the vehicle bearing No. ATC-9242 belonging to the first respondent railways, due to rash and negligent driving of the driver of the vehicle it dashed against the road side electric pole near Subbanaidu Kandriga Village on Nagalapuram-Uthukotai Main Road on account of which the appellant sustained injuries. He was hale and healthy and aged 20 years by the date of accident and was studying 10th class. In the accident, the appellant sustained multiple fractures to his both legs which resulted in permanent disability and hence he sustained loss physically and economically. He laid the claim for Rs. l,12,060/-.3. The respondents resisted the claim on the premi...
Rentala Kesavulu Vs. Deputy Chief Mechanical Engineer and anr.
Court: Andhra Pradesh
Decided on: Jun-23-2004
Reported in: III(2004)ACC947
T. Ch. Surya Rao, J.1. The unsuccessful claimant seeks to assail the order and decretal order dated 20.7.1998 passed by the learned Chairman, Motor Accident Claims Tribunal-cum-III Additional District Judge, Tirupati, in M.V.O.P. No. 599 of 1990.2. According to the appellant, on 19.9.1990 at about 4.00 p.m., when he was travelling in the vehicle bearing No. ATC-9242 belonging to the first respondent Railways, due to rash and negligent driving of the driver of the vehicle it dashed against the roadside electric pole near Subbanaidu Kandriga Village on Nagalapuram-Uthukotai Main Road on Account of which the appellant sustained injuries. He was hale and healthy and aged 20 years by the date of Accident and was studying in 10th class. In the accident, the appellant sustained multiple fractures to his both legs which resulted in permanent disability and hence he sustained loss physically and economically. He laid the claim for Rs. 1,12,060/-.3. The respondents resisted the claim on the prem...
N. Balaraju and anr. Vs. G. Vidhyadhar
Court: Andhra Pradesh
Decided on: Jun-22-2004
Reported in: AIR2004AP516; 2004(4)ALD490; 2004(5)ALT55
ORDERC.Y. Somayajulu, J. 1. Respondent filed a suit for recovery of Rs. 1,31,250/-, being the principal and interest due on the promissory note dated 09-01-2000, said to have been executed by the first revision petitioner in his favour with the second revision petitioner as surety. Revision petitioners filed their written statement, inter alia contending that they became members in an unregistered chit fund run by S. Ramudu and K. G. Murthy and participated in the bids and after the bids were knocked down in their favour they executed some documents and had also affixed their signatures to some blank stamped promissory notes and that subsequently disputes arose between them on one hand and S. Ramudu and K. G. Murthy on the other and so those two persons, in order to spite them, might have handed over the blank promissory notes to the respondent to enable him to file a suit against them. 2. Revision petitioners admittedly did not file a list of witnesses to be examined on their behalf.3...
NizamuddIn and ors. Vs. Narsappa and ors.
Court: Andhra Pradesh
Decided on: Jun-22-2004
Reported in: 2004(4)ALD708
ORDERL. Narasimha Reddy, J.1. This civil revision petition is filed against the order dated 21.8.1993 passed by the Joint Collector, Mahabubnagar affirming the order dated 8.4.1986 passed by the Revenue Divisional Officer, Narayanapet. This is the second round of litigation in the matter. It arises under the provisions of the A.P. (T.A.) Tenancy and Agricultural Lands Act, 1950 (for short 'the Act').2. Two brothers viz. Ismail and Sahabuddin held various extents of land in Parsapur Village of erstwhile Kodangal Taluk of Mahabubnagar District. On the death of his brother, Ismail held the entire land. He in turn died in 1954, leaving behind him four sons viz. Nizamuddin, Syed Moinuddin, Zainulabeddin and Mustaq Hussain. Respondents herein were declared as protected tenants of Ismail in respect of about Ac.50.00 of land in different survey numbers. The Revenue Divisional Officer passed an order dated 17.9.1975 conferring ownership rights upon the respondents under Section 38-E of the Act ...
P. Gowtham Reddy and anr. Vs. the State of A.P., Rep. by Public Prosec ...
Court: Andhra Pradesh
Decided on: Jun-21-2004
Reported in: 2004(2)ALD(Cri)112
ORDERT. Ch. Surya Rao, J.1. Inasmuch as both the petitions emanate from the same crime and as Petitioners 1 and 2 in Criminal Petition No.322/2004 are A.1 and A.2 and the petitioner in Criminal Petition No.752/2004 is A.3 in the said crime they can be disposed of together. They seek to quash the proceedings in Crime No.798 of 2003 of Satyanarayanapuram Police Station, Vijayawada, to which the offences punishable under Sections 3 and 4 of the Andhra Pradesh Control of Organised Crime Act, 2001 ('the COCA' for brevity) are sought to be added.2. On the report given by one T. Babu Rao, the above crime was registered against the petitioners on 27.12.2003, by the Station House Officer, Satyanarayanapuram Police Station for the offences punishable under Sections 388, 194, 195, 211 read with 109 and 120-B of the Indian Penal Code ('the IPC' for brevity) said to have been committed some time prior to 10.03.2003 and First Information Report was issued.3. It is alleged inter alia in the said repo...
M. Venkata Ramana, S/O Pullaiah Vs. the State of A.P. Rep. by P.P.
Court: Andhra Pradesh
Decided on: Jun-21-2004
Reported in: 2004(2)ALD(Cri)185; II(2004)DMC481
B. Seshasayana Reddy, J.1. This Criminal Appeal is directed against the judgment dated 21-3-2002 passed in S.C.No.327 of 2001 on the file of Special Judge for trial of offences under SCs and STs (Prevention of Atrocities) Act cum VI Additional Metropolitan Sessions Judge, Secunderabad, by which the learned Additional Metropolitan Sessions Judge found accused- M.V. Ramana guilty for the offence under section 302 IPC and convicted him accordingly and sentenced him to suffer imprisonment for life and to pay a fine of Rs.1,000/- in default to suffer SI for one month. However, the learned Additional Metropolitan Sessions Judge found the accused not guilty for the offence under section 304B IPC and acquitted him accordingly. 2. The accused/appellant was put on trial before the Special Judge for trial of offences under SCs and STs (Prevention of Atrocities) Act cum VI Additional Metropolitan Sessions Judge, Secunderabad for the offence under section 302 IPC alternatively for the offence under...
Airwa Bharathamma Vs. District Collector and anr.
Court: Andhra Pradesh
Decided on: Jun-21-2004
Reported in: 2004(4)ALD482
ORDERV.V.S. Rao, J.1. In the year 1972 the petitioner's husband Airva Kishan Rao, who is an Ex-servicemen applied to revenue authorities for assignment of Acs. 10.00 of land as per various Government Orders permitting such assignment in favour of Ex-servicemen. Said Kishan Rao was given eksai lease in respect of the land in S.No. 161 of Garrepalli Village of Karimnagar District admeasuring Acs.5.00. The land was classified in revenue records as irrigation dry. Be that as it is, there was a ban at the relevant time for assignment of any land which is likely to come under the Command Area of Sriramsagar Project (Pochampadu Project), which was then being constructed. However, Kishan Rao and after his death his wife, Bharathamma, petitioner herein, were given eksai lease continuously. By order dated 17.9.1991 vide G.O. Ms. No. 818, the Government lifted the ban for assigning the land under Pochampadu Project. By Memo No. F/2434/ 92, dated 4.11.1993 and the consequential Memo of even date, ...
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