Andhra Pradesh Court June 2004 Judgments

A.C. Nagaraju, S/O Alichetty Chinna Muniyappa Vs. N. Sreenivasa Reddy ...

Court: Andhra Pradesh

Reported in: AIR2004AP465; 2004(4)ALD468; 2004(5)ALT149; I(2005)BC302

L. Narasimha Reddy, J.1. This is an appeal filed under Order XLIII Rule 1 of the Code of Civil Procedure ('C.P.C.' for brevity) against the order dated 6.3.2003 passed by the Senior Civil Judge, Hindupur in E.A.No.228 of 2002 in E.P.No.32 of 2001 in O.S.No.24 of 1998. Appellant is the Decree holder and respondent is the Judgment debtor.2. The appellant filed the suit to recover certain amount from the respondent. The suit was decreed. For realization of the decretal amount, the appellant filed E.P.No.32 of 2001. An item of immovable property was brought to sale on 15.2.2002. The appellant himself emerged as the highest bidder for a sum of Rs.1,20,000/-. The sale is yet to be confirmed. 3. The respondent filed E.A.No.228 of 2003 under Order XXI Rule 90 C.P.C. to set aside the sale of E.P. schedule property. He contended that the value of the property is about Rs.6,00,000/- as certified by the concerned Sub-Registrar whereas in the sale proclamation it was indicated as Rs.1,00,000/-. He ...

Divisional Manager, New India Assurance Co. Ltd. Vs. M. Das and anr.

Court: Andhra Pradesh

Reported in: I(2005)ACC253; 2004(5)ALD135

M. Narayana Reddy, J. 1. This judgment, according to law, arises out of a civil miscellaneous appeal, filed by the sole appellant, against Respondent 1 and Respondent 2, under Section 30 of the Workmen's Compensation Act, 1923, questioning the, validity and legality, of the adjudications made by, set forth in para 2, infra.2. Orders, dated 21-4-2003, of the Commissioner for Workmen's Compensation, Hyderabad, made in WC No.70/2001, of his file.3. Perused the material papers of the Record.4. Arguments were heard of the learned Counsel for the contesting parties.5. The sole appellant in this CMA, corresponds to Opposite Party No.2 in the said WC No.70/2001, of the file of the said Commissioner, being the Insurance Company. Respondent 1 in this CMA corresponds to the sole applicant in that WC, being the injured. Respondent 2 herein corresponds to Opposite Party No.1 in that WC, being the owner of the accident vehicle, being a lorry.6. The parties are, hereinafter, referred to, as the appli...

Stames Tyres and Rubber Products Ltd. Represented by Its Branch Manage ...

Court: Andhra Pradesh

Reported in: 2004(5)ALD52; 2004(5)ALT330; [2005]140STC259(AP)

Bilal Nazki, J. 1. The petitioner is dealing in retreading of tyres, is a registered dealer under Andhra Pradesh General Sales Tax Act, 1957. The petitioner admittedly is liable to pay the tax under Section 5 of the Andhra Pradesh General Sales Tax Act, 1957. By virtue of amendment in the A.P. General Sales Tax Act, 1957 Section 5-G was also introduced where a dealer could exercise his option of composition of payment of tax at the rate of 4% of the total turnover. The normal rate of tax at the relevant point of time was 6% and in terms of Section 5-F of the Act, if a dealer applied for composition, he was required to pay 4% of the total turnover as tax under Section 5-G of the Act. To get the concession of paying at the rate of 4% as against 6% under Section 5-F, under Rule 6-B of Andhra Pradesh General Sales Tax Rules, a dealer is supposed to make an application to exercise his option within 30 days from the date of commencement of the business or within 30 days from the commencement...

Bhasker Vs. State of A.P.

Court: Andhra Pradesh

Reported in: 2004(2)ALD(Cri)177; 2005CriLJ48; II(2004)DMC708

T. Meena Kumar, J. 1. This appeal is directed against the judgment of the learned Sessions Judge, Nizamabad, in Sessions Case No. 345 of 1997 dated 30.7.2001, whereby the appellant-accused was convicted of the offence punishable under Section 302 of IPC and sentenced to undergo imprisonment for life. 2. The case of the prosecution, in brief, is that Smt. Savithri (hereinafter referred to as 'the deceased') was married to the appellant-accused. About 1 1/2 years prior to 25.1.1996 the accused took loan from State Bank of Hyderabad, Sarangapoor for running a pan shop at Navipet, but he did not utilize this amount towards the pan shop and spent the amount lavishly. He was harassing and ill-treating his wife-the deceased to bring an amount of Rs. 5,000/- towards dowry from her elder brother. The deceased approached her elder brother, but could not secure that amount as he expressed his inability to pay the dowry amount. As a result, on 25.1.1996 at about 7 a.m. there was exchange of hot wo...

Ramavath Sseeni and ors. Vs. Smt. Ch. Seetha and ors.

Court: Andhra Pradesh

Reported in: II(2005)ACC104; 2004(5)ALT249

C.Y. Somayajulu, J.1. Appellants who are the widow and children of Laxma Bhavji (the deceased) who died due to a collision between the lorries belonging to the Respondents 1 and 3, insured with the Respondents 2 and 4, filed a claim petition seeking compensation of Rs.1,50,000/- for the death of the deceased on the ground that he was aged about 45 years and was earning Rs.3,000/- per month as pujari in Gopala Krishna Swamy Temple at Maal. Respondents 1 and 3 chose to remain ex-parte both in the Tribunal and in this Court. Respondents 2 and 4 filed respective counters contesting the claim of the appellants.2. In support of their case appellants examined two witnesses as PW1 and 2 and marked Exs. A-1 and A-2. No evidence either oral or documentary was adduced on behalf of Respondents 2 and 4. The Tribunal having held that the accident occurred due to the rash and negligent driving of the drivers of the lorries involved in the accident awarded Rs.1,15,000/- as compensation to the appellan...

Nenavath Basu and anr. Vs. Smt. Ch. Seetha and ors.

Court: Andhra Pradesh

Reported in: IV(2005)ACC3; 2004(5)ALD393

C.Y. Somayajulu, J. 1. Appellants who are the parents of Nenavath Ramesh (the deceased) who died due to a collision between the two lorries belonging to Respondents 1 and 3, and insured with respondents 2 and 4 respectively filed a claim petition seeking compensation of Rs.1,00,000/- from the Respondents. Respondents 1 and 3 chose to remain ex-parte both before the Tribunal and in this court. Respondents 2 and 4 filed counters contesting the claim of appellants.2. In support of their claim the appellants examined 2 witnesses as PW-1 and 2 and marked Exs.A-1 to A-4. Respondents 2 and 4 did not adduce any evidence either oral or documentary. The Tribunal having held that the accident occurred due to the rash and negligent driving of the drivers of the lorries involved in the accident, passed an award for Rs.50,000/- in favour of the appellants against the Respondents with interest at 12% p.a. Dissatisfied with the compensation awarded to them this appeal is preferred by the claimants. 3....

Gundala Mallamma Wife of Pentaia Vs. T. Anka Prasad and the New India ...

Court: Andhra Pradesh

Reported in: 2004(5)ALD400

C.Y. Somayajulu, J.1. Alleging that she, while traveling in a tractor and trailor bearing No. AAK 5442 and AAK 7756 along with others, a lorry bearing No. AAT 5853 belonging to the first respondent and insured with second respondent, being driven in a rash and negligent manner, dashed against the trailor resulting in injuries and consequent permanent disability to her, appellant filed a claim petition seeking compensation of Rs.1,00,000/- from the respondents. First respondent chose to remain exparte both before the Tribunal and in this Court. Second respondent contested the claim petition by filing a counter. In support of her case, appellant examined herself as P.W.1 and marked Exs. A1 to A4. No oral evidence was adduced by 2nd respondent but Ex. B1 was marked by consent on its behalf. The Tribunal having held that the accident occurred due to the rash and negligent driving of the lorry of the first respondent, awarded Rs.2,000/- as compensation to the appellant. Dissatisfied with th...

Chairman, Corporation Bank and Others Vs. Markanti Rajaiah and Another

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Mrs. M. Shreesha, Member: 1. The appellants are the opposite parties in CD 54/1999 on the file of the District Consumer Forum, Medak District at Sanga Reddy. 2. The brief facts as set out in the complaint are that the complainant approached the opposite parties Bank on 4.10.1996 to withdraw some amount from his account. The fourth opposite party who is working as Attender stated that if he kept the amount in the account he would fetch the interest and asked him to keep the pass book with him. He also took the complainants signature on the withdrawal slip and the complainant gave the FDR to the Attender. The complainant submits that the said Attender withdrew the amount of Rs. 80,000/- and debited the same in his pass book and by his own handwriting wrote the balance as Rs. 1,02,372.05 ps. in his account, though there was only an amount of Rs. 22,372.05 ps. Thereafter, the complainant approached the Bank authorities, and submits that the opposite parties promised that they would reimbur...