Andhra Pradesh Court June 2004 Judgments
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K. Harikrishna Vs. Dr. L. Raghunatha Rao and ors.
Court: Andhra Pradesh
Decided on: Jun-21-2004
Reported in: AIR2004AP518; 2004(4)ALD463; 2004(5)ALT52; I(2005)BC310
ORDERL. Narasimha Reddy, J.1. The judgment-debtor in E.P. No. 29 of 2002, on the file of V Senior Civil Judge, City Civil Court, Hyderabad, filed this revision, aggrieved by the order dated 20-11-2002, passed by that Court, directing his committal to civil prison.2. The respondent filed O.S. No. 408 of 1987 in the Court of V Senior Civil Judge, City Civil Court, Hyderabad, for recovery of certain amount against the petitioner, his mother and sister. The suit was decreed on 8-7-1994, for a sum of Rs. 2,39,626. Since the decretal amount was not paid, the respondent filed E.P. No. 29 of 2002, seeking arrest of the petitioner under Rule 37 of Order 21 C.P.C. Through the order under revision, the executing Court directed the committal of the petitioner to civil prison.3. Learned Counsel for the petitioner-Sri R. Raghunandan Rao, submits that the respondent has misused the process of Court, by straightaway filing an application under Rule 37 of Order 21 C.P.C., seeking arrest of the petition...
Kosuru Gupteswara Rao Vs. Charakana Sreenu and ors.
Court: Andhra Pradesh
Decided on: Jun-21-2004
Reported in: 2005ACJ468; 2005(1)ALD790
ORDERL. Narasimha Reddy, J.1. This civil miscellaneous appeal arises out of the order dated 31.10.1994 passed by the Motor Accidents Claims Tribunal-cum-Additional District Judge, Vizianagaram in O.P. No. 240 of 1993. The appellant is employed as driver in Orissa State Road Transport Corporation. On 9.5.1993 he was driving the vehicle bearing Reg. No. OR 10/3604 on the route from Jaypore to Vizianagaram. At midnight, when the bus reached Kottakki bridge, the lorry bearing No. AIP 889, owned by the second respondent, driven by the first respondent, dashed against the bus. The appellant received injury on the head particularly at the eye. He was taken to Government Hospital at Salur and thereafter to Government Hospital, Vizianagaram. Since the injury to the eye was serious, he was referred to Sarojini Devi Eye Hospital, Hyderabad. He was treated there and even after treatment, the disability to the right eye persisted.2. The appellant claimed a compensation of Rs. 2,50,000/- under vario...
Glass and Ceramic Decorators Vs. Virat Crane Bottling Ltd.
Court: Andhra Pradesh
Decided on: Jun-21-2004
Reported in: 2005(5)ALT113
ORDERV.V.S. Rao, J.1. This petition is filed under Section 433(e) and 439 of the Companies Act, 1956 (for short the Act) by M/s. Glass and Ceramic Decorators, a unit of Mahalakshmi Glass Works (P) Limited, Mumbai, seeking an order of winding up of M/s. Virat Crane Bottling Limited on the ground that the respondent is unable to pay its debts and therefore it is just and equitable that the Company to be wound up.2. The respondent is registered as Public Limited Company under the provisions of the Companies Act, 1956 having its Registered Office at Hyderabad. The authorized capital of the Company is Rs. 1,00,00,000/- (Rupees one crore only) divided into 10,00,000 equity shares of Rs. 10/- (Rupees ten only) each, which was subsequently enhanced by a special resolution dated 4-8-1999 to Rs. 10,00,00,000/- (Rupees ten crore only) consisting of 1,00,00,000 equity shares of Rs. 10/- (Rupees ten only) each. The entire capital is paid up and fully subscribed. The respondent company was incorpora...
Mahaboob Vali Vs. S. Sudhakar and anr.
Court: Andhra Pradesh
Decided on: Jun-21-2004
Reported in: III(2005)ACC818; 2005ACJ1382; 2004(4)ALT497
L. Narasimha Reddy, J.1. This C.M.A., is filed against the order of the Motor Accidents Claims Tribunal (District Judge), Anantapur, dated 11-3-2004, in IA No. 381 of 2004 in O.P. No. 66 of 1995.2. The petitioner filed O.P. No. 66 of 1995 before the Tribunal claiming compensation alleging that he sustained injuries in an accident, which took place on 26-7-1994, involving the vehicle belonging to the 1st respondent and insured with the 2nd respondent. The trial of the O.P. commenced. At that stage, he noticed that the O.P., was 'dismissed for default' against the 1st respondent, on 9-7-1996, due to nonpayment of batta. Therefore, he filed I.A.No. 381 of 2004 under Order 9 Rule 9 of C.P.C. to set aside the order of dismissal. Through an order under appeal, the trial Court rejected the I.A.3. Sri K. Maheswara Rao, learned counsel for the appellant submits that his client noticed the fact that the O.P. was dismissed for non-payment of batta, against the 1 st respondent, only when the trial...
M. Verranna and ors. Vs. Vice-chancellor, Osmania University and ors.
Court: Andhra Pradesh
Decided on: Jun-21-2004
Reported in: 2005(2)ALT558
ORDERDevinder Gupta, C.J.1. This Writ Petition was filed as Public Interest Litigation by 22 students questioning the action of the respondent-University in not revaluing the B. Ed, answer scripts of the petitioners properly by teachers having qualification of B. Ed, course, and about the irregularities alleged to have been committed in the conduct of examination and revaluation. Petitioners prayed that respondents be directed to get the papers valued by the teachers having B. Ed, qualification, and, District Selection Committee be directed to permit the petitioners to take DSC examination in the event they pass, and the Vigilance and Enforcement Department be directed to investigate into that conduct of B. Ed, course/ examination and revaluation. Writ Petition was filed on 10th March, 2004.2. The primary grievance made by the petitioners in the Writ Petition was about the manner in which revaluation appears to have been done by the respondent-University. A student gave a complaint to ...
Oriental Insurance Co. Ltd., Rep. by Its Divisional Manager Vs. Degala ...
Court: Andhra Pradesh
Decided on: Jun-18-2004
Reported in: III(2005)ACC351; 2006ACJ1985; 2004(6)ALD584; 2004(6)ALT769
C.Y. Somayajulu, J.1. Respondents 1 and 2, the widow and the son of deceased Balakrishna, filed O.P.No.10 of 1996 on the file of Motor Accidents Claims Tribunal-cum- III Additional District Judge, Kakinada, seeking compensation of Rs.2,33,000/- for the death of the deceased in an accident, caused by a van bearing No.K.A.O.6-2028 belonging to fourth respondent and insured with the appellant, under hire purchase agreement with fifth respondent, while being driven in a rash and negligent manner by the third respondent. Third respondent remained ex parte before the Tribunal and this Court. Respondents 4 and 5 and the appellant contested the claim. The contention of the appellant, inter alia, is that it is not liable to pay any compensation because the vehicle involved in the accident was not insured with it by the time of the accident and was insured with it subsequent to the accident.2. In support of the case of respondents 1 and 2, first respondent examined herself as PW.1 and another wi...
Mrs. M. Raghava Rani Vs. the Govt. of A.P., Rep. by Its Ex-officio Sec ...
Court: Andhra Pradesh
Decided on: Jun-18-2004
Reported in: AIR2004AP478; 2004(4)ALD454; 2004(5)ALT188
ORDERG. Rohini, J. 1. A common relief is sought in these two Writ Petitions to declare the Memo No.1548/CS.III (2)/2003-2 dated 12-01-2004 issued by the Government of Andhra Pradesh, Consumer Affairs, Food & Civil Supplies Department whereunder the Registrar, A.P. State Commission, Hyderabad was directed to renotify the vacancies of the Members in the District Forum, Ongole and the District Forum, Warangal as arbitrary and illegal.2. The facts which are not in dispute may be noted in brief :The petitioner in W.P.No.2123 of 2004 was a practising advocate and she was appointed as a Member in the District Forum, Ongole, Prakasam District after being selected by the Selection Committee constituted under Section 10(1-A) of the Consumer Protection Act, 1986 (for short, 'the Act'). She assumed the Office on 06-05-1998 and completed her tenure on 05-05-2003. Before the expiry of her tenure, the Registrar of A.P. State Consumer Disputes Redressal Commission, Hyderabad issued a notification date...
Capt. P.K. Gupta Vs. Executive Director, Sankhya Infotech Ltd.
Court: Andhra Pradesh
Decided on: Jun-18-2004
Reported in: AIR2004AP464; 2004(4)ALD440; 2004(4)ALT333; 2004(2)ARBLR646(AP)
ORDERV.V.S. Rao, J.1. This application is filed under Section 11 of the Arbitration and Conciliation Act, 1996 (for short, the Act) read with paragraph-3 of the scheme of appointment of Arbitrators framed by the Hon'ble Chief Justice of Andhra Pradesh, High Court, praying this Court to confirm appointment of Justice A. Venkata Rami Reddy as umpire and direct the arbitration proceedings to go on and for such other orders as are deemed fit by this Court.2. In short, the case of the applicant is that when there was a dispute between Indian Airlines and respondent and as per arbitration procedure, the applicant appointed Sri D. Surya Rao as Arbitrator, and respondent appointed Sri C.V.K. Prasad as Arbitrator. Both of them allegedly at one point of time appointed Justice A. Venkata Rami Reddy as umpire. Allegedly, the Arbitrator appointed by the respondent did not co-operate to proceed with arbitration expeditiously and also the respondent objected to appointment of the retired Judge of thi...
M. Parvatha Vardhanamma and ors. Vs. U. Venkayamma (Died) and ors.
Court: Andhra Pradesh
Decided on: Jun-18-2004
Reported in: 2004(4)ALD484; 2004(5)ALT110
ORDERP.S. Narayana, J.1. The preliminary objection relating to the maintainability of this application for appointment of Receiver before this Court had been raised by Sri Sriramachandra Murthy, learned Counsel representing the Respondent Nos. 2 to 7. The learned Counsel would contend that inasmuch as O.S. No. 93 of 1979 on the file of the Senior Civil Judge at Kovvur is for partition and appeal is preferred as against the preliminary decree, the Original Court does not become functus officio and till the final decree is passed, an application of this nature shall be moved before the Original Court only and not before the appellate Court. The learned Counsel also incidentally pointed out that an application moved before the original Court for similar relief was rejected by an Order dated 6-2-2004 placing reliance on Damalanka Gangaraju v. M. Vijayalakshmi and Ors., 2002 (3) LS 162. The Counsel however, contended that the said Order cannot be sustained in law. The learned Counsel also h...
Gurram Satyaseshamamba @ Gurram Satya Santamani and ors. Vs. Gurram Kr ...
Court: Andhra Pradesh
Decided on: Jun-18-2004
Reported in: 2004(4)ALD787; 2004(4)ALT722
P.S. Narayana, J.1. One of us (P.S. Narayana, J.) in CRP No. 4976 of 2003 by an order dated 20-10-2003 referred the following questions to be decided by an appropriate Division Bench in view of the general importance of the questions involved in the matter which are as hereunder :1. Whether the civil revision petitions under Article 227 of the Constitution of India arising out of tenancy proceedings also are governed by the ninety days period of limitation in view of the rules framed under Article 227 of the Constitution of India and also the Appellate Side Rules ?2. Whether the judgment and decree in the prior litigation which had been carried upto second appeal operate as res judicata relating to the validity of the will especially in the light of the order passed in Review CMP No. 14770 of 1998? 3. Whether the civil revision petition under Article 227 of the Constitution of India be dismissed on the ground of laches ?4. Whether the appreciation of evidence relating to the validity o...
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