Andhra Pradesh Court September 2004 Judgments
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Agnuru Jaya Ramulu Alias Jaya Ramudu, S/O. Narasappa Vs. Mohammed Afza ...
Court: Andhra Pradesh
Decided on: Sep-30-2004
Reported in: I(2005)ACC553; 2006ACJ855; 2004(6)ALD734
C.Y. Somayajulu, J.1. Alleging that when he was proceeding from Wanaparthy to Kurnool in a Maruthi car, driver of the lorry belonging to the first respondent and insured with the second respondent, due to his rash and negligent driving, dashed the lorry against the car in which he was travelling, resulting in grievous injuries and permanent disability to him, appellant filed a claim petition seeking compensation of Rs.7,20,000/- and examined himself as P.W.1 and two other witnesses as P.Ws.2 and 3 and marked Exs.A.1 to A.16 and Ex.X.1 on his behalf, before the Tribunal. First respondent chose to remain ex parte both before the Tribunal and this Court. Second respondent who filed a counter contesting the claim did not adduce any oral evidence but marked Ex.B.1 by consent on its behalf. The Tribunal after having held that the accident occurred due to the rash and negligent driving of the driver of the lorry belonging to the first respondent awarded Rs.1,45,000/- as compensation to the ap...
Union of India (Uoi) Represented by Secretary, Department of Atomic En ...
Court: Andhra Pradesh
Decided on: Sep-30-2004
Reported in: 2004(6)ALD656; 2005(1)ALT433; [2005]140STC245(AP)
ORDERBilal Nazki, J.1. In this Writ Petition, the petitioners have sought the following relief;(i) Declaring the proviso to Section 3(1) of A.P.Tax on Entry of Motor Vehicle to Local Area Act, 1996 so far as it restricted exemption for Central Government for Defence purposes as void, illegal, arbitrary and ultravires the provisions of Article 285(1) of the Constitution.(ii) Declare the proviso to Section 4(3) of A.P.Tax on Entry of Motor Vehicle to Local Area Act, 1996 in so far as it excluded the payment by way of Central Sales Tax as void, illegal, arbitrary apart from violating the principles of natural justice and fair play.(iii) Declare Section 20 of the A.P. Tax on Entry of Motor Vehicle to Local Area Act, 1996 as void and unenforceable being repugnant to Section 207 of the Motor Vehicle Act, 1988 having regard to Article 254 of the Constitution.(iv) Declare the A.P.Tax on Entry of Motor Vehicles to Local Area Act, 1996 as void and unenforceable as a whole for the legislative inc...
S. Saraswathi Vs. Y. Laxminarayana
Court: Andhra Pradesh
Decided on: Sep-30-2004
Reported in: 2004(6)ALD161; 2004(6)ALT95
D.S.R. Varma, J.1. Heard both the Counsel and also Sri V.L.N.G.K Murthy, amicus curiae.2. The unsuccessful plaintiff before the Court below in a suit for declaration of title and perpetual injunction, is the appellant herein.3. For convenience, the parties are referred to as arrayed in the suit.4. The plaint averments in brief are that the plaintiff was the owner of the house bearing Nos. 12-1-1486 and 12-1-1455, in a total area of 320 sq. yards situate at Shantinagar, North Lalaguda, Secunderabad; that originally Plot Nos. 179 and 181 in Sy.No. 222 totally admeasuring 320 sq. yards was allotted to one Mr. Kistiah; that on 10.1.1976 the plaintiff purchased the said plots and extent for a consideration of Rs. 15, 000/- under notarized sale deed; that in the said notarized sale deed, it was agreed by both the parties that after some time a regular sale deed duly registered will be executed; that thereafter the vendor Mr. Kistian died without executing sale deed; that ever since the date ...
Krishna Foods and Acqua Minerals Vs. Government of India, Ministry of ...
Court: Andhra Pradesh
Decided on: Sep-30-2004
Reported in: 2004(6)ALD338; 2004(6)ALT4
ORDERB. Sudershan Reddy and K.C. Bhanu, JJ.1. This batch of writ petitions may be disposed of by a common order since the question that arises for consideration in all these matters is one and the same.2. The writ petitioners claim to be Small Scale Industries manufacturing 'mineral water'. They are aggrieved by the amendments made to the Prevention of Food Adulteration Rules, 1955, whereunder the 'packaged drinking water' (other than natural mineral water) (IS-14543) is brought under the compulsory Bureau of Indian Standards Certification Mark with effect from 29-3-2001. The amended rules prohibit manufacture, sale or exhibit for sale 'packaged drinking water' and 'mineral water' except under the Bureau of Indian Standards Certification mark.3. The 1st respondent herein made amendment to the Prevention of Food Adulteration Rules, 1955, (for short 'PFA Rules') amending Rules 42 and 49 of the Rules by inserting Clause -14 to Sub-rule [zzz] to Rule 42, the labeling of every package of dr...
Jajala Narayana Reddy Vs. K. Mohan Reddy and anr.
Court: Andhra Pradesh
Decided on: Sep-30-2004
Reported in: 2004(6)ALD694
ORDERL. Narasimha Reddy, J.1. Plaintiff in O.S. No. 133 of 1998 on the file of Junior Civil Judge, Kalwakurthy intended to withdraw the suit. He filed LA. No. 38 of 2004 under Order XXIII, Rule I C.P.C. for this purpose. The Trial Court, through its order dated 21.7.2004, directed the defendants in the suit to remove the wall said to have been constructed by the plaintiff during the pendency of the suit. It also refused the leave to the plaintiff to file a fresh suit on the same cause of action; and ultimately dismissed the suit as withdrawn with costs. Feeling aggrieved by the observations made and conditions imposed by the Trial Court, the plaintiff filed this civil revision petition.2. The suit was filed by the petitioner herein for the relief of perpetual injunction against the respondents. He filed LA. No. 38 of 2004 stating inter alia that in view of the report submitted by the Commissioner appointed by the Court, with the assistance of Deputy Director of Survey and Land Records,...
Manne Krishna Veni @ Veeraveni and ors. Vs. Rangisetti Pavan Kumar and ...
Court: Andhra Pradesh
Decided on: Sep-30-2004
Reported in: 2004(6)ALD532; 2005(1)ALT210
L. Narasimha Reddy, J.1. Defendants 7 to 11 in O.S. 63 of 2001, on the file of Senior Civil Judge, Tanuku, filed this C.M.A, aggrieved by the Order, dated 20.7.2004, in IA No. 1157 of 2002 filed therein.2. Respondents 1 to 3 filed the suit for partition, and separate possession of the suit schedule properties. Broadly stated, the plaint averments are that, their father late Trimurthulu, and the fourth respondent (Defendant No. 1) are brothers, and when their father was acting detrimental to their interest, their maternal grandfather got issued a notice in the year 1984, calling upon their father, to partition the suit schedule properties, and that no partition was effected, despite such demand. It was pleaded that, with the issuance of a notice in the year 1984, there was severance of status, and any alienations made, or acts taken by their father and the first defendant, were not binding on them. The suit schedule properties comprises of, mostly agricultural lands, some of which, are ...
P. Damodar Rao Vs. Municipal Corporation of Hyderabad
Court: Andhra Pradesh
Decided on: Sep-30-2004
Reported in: 2005(1)ALD799
L. Narasimha Reddy, J.1. These two miscellaneous second appeals arise under similar circumstances and in respect of parts of same premises. Hence, they are disposed of through common judgment.2. The appellant in C.M.S.A. No. 11 of 2001 is the wife of the appellant in C.M.S.A. No. 1 of 2001. Properties Nos.5-4-467 and 5-4-468, respectively, are held by them, and a hotel is established therein. The premises are assessed to Municipal Tax. Through notices dated 4-9-1996, the respondent proposed to revise the annual rateable value (ARV) and property tax for the said premises. In respect of 5-4-468, the ARV was sought to be revised from Rs. 38,400/- to Rs. 1,77,600/- and the annual property tax, from Rs. 11,197/- to Rs. 51,788/-. In respect of the other premises, the ARV was sought to be revised from Rs. 38,400/- to Rs. 1,33,200/-; and the property tax, from Rs. 11,197/- to Rs. 38,841 /-.3. On receiving the notices, the appellants filed representations stating that in the previous year itsel...
HussaIn Pasha, S/O. Mahaboob Vs. Managing Director, A.P.S.R.T.C. and
Court: Andhra Pradesh
Decided on: Sep-29-2004
Reported in: 2006ACJ2509; 2004(6)ALD542; 2004(6)ALT688
C.Y. Somayajulu, J.1. Alleging that when he was travelling in a bus belonging to the first respondent, being driven by the second respondent, the said bus met with an accident due to the rash and negligent driving of the second respondent resulting in injuries and consequent permanent disability to him, appellant filed a claim petition seeking compensation of Rs.1,00,000/- from the first respondent. First respondent filed a counter denying the accident and involvement of the appellant therein, and putting the appellant to proof of all the allegations in the claim petition. Second respondent remained ex parte.2. 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.7. On its behalf, first respondent examined the second respondent as R.W.1 but did not adduce any documentary evidence. The Tribunal having held that since the earlier O.P. filed by the appellant on the same cause of action was dismissed, this O.P. is not maintainable...
All Inmates of Borstal School Vs. the Superintendent, Borstal School,
Court: Andhra Pradesh
Decided on: Sep-29-2004
Reported in: 2005(1)ALT233
ORDERG. Bikshapathy, J.1. This Writ Petition was registered as taken up case.2. A most heinous treatment and unheard of Government excesses have seen the light of the day. Tiny letter became nightmare and troubleshooter for the offences of the Government Borstal School, Nizamabad. We have been noticing inhuman and ill-treatment of the convicts, but this epidemic appears to have spread to the Borstal Schools where juveniles are housed. The legislation, which established the Borstal Schools under A.P. Borstal School Act to enable the juveniles to reach the brighter side of their life, is feeling shy to face the inmates whose future is doomed in the hands of the executives.3. An anonymous complaint was sent on behalf of the inmates of Borstal School, Nizamabad District, alleging inhuman and barbarous custodial tortures committed by the jail officials on the inmates of Borstal School, Nizamabad. It is also stated that the inmates were subjected to brutal beatings and inserting lathi with c...
The Managing Director, A.P.S.R.T.C. Vs. Smt. V. Jayalakshmi, W/O. Naku ...
Court: Andhra Pradesh
Decided on: Sep-29-2004
Reported in: 2006ACJ2620; 2005(1)ALD574
C.Y. Somayajulu, J.1. Respondents 1 to 4, who are the widow and children of Nakulan (the deceased), (herein after called the claimants) filed a claim petition seeking compensation of Rs.15,00,000/- from the appellant alleging that when the deceased was proceeding on his scooter, a bus belonging to the appellant being driven in a rash and negligent manner came in his opposite direction and dashed against the scooter of the deceased resulting in injuries and death. Appellant filed a counter contending that the deceased due to his own negligence while proceeding in the same direction in which the bus was going applied sudden brake and lost control and had fallen down and received injuries and that there was no collision between its bus and the scooter of the deceased and so it is not liable to pay any compensation. In support of their case, claimants examined four witnesses as P.Ws.1 to 4 and marked Exs.A.1 to A.12 and Exs.X.1 and X.2. In support of its case, appellant examined three witn...
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