Andhra Pradesh Court September 2004 Judgments
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Aleti Rathnam and anr. Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Sep-16-2004
Reported in: II(2005)DMC130
P.S. Narayana, J.1. The appellants A1 and A2 in Sessions Case No. 667 of 2000 on the file of the Assistant Sessions Judge, Gurazala, had preferred the present criminal appeal, aggrieved by the conviction and the sentence imposed by the judgment dated 19.4.2001.2. The case of the prosecution is that P.W. 1 is the elder brother of the deceased. P.W. 6 is the mother of the deceased. A1 is the son of A2. The deceased is the 3rd daughter of P.W. 6. The deceased belonged to Telega community, whereas the accused belongs to Maduga community. It is also the version of the prosecution that about six months prior to 28.11.1999, A1 developed acquaintance with the deceased, and loved her, and on coming to know that P.Ws. 1 and 6 warned Al, and also informed the matter to A2. A2 requested P.Ws. 1 and 6 to celebrate the marriage of the deceased with her son A1. But, however, they refused. It is also the version of the prosecution that after four months, A1 eloped with the deceased, promising to marry...
Anumalla Radha Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Sep-16-2004
Reported in: 2005(2)ALD(Cri)10; II(2005)DMC107
P.S. Narayana, J.1. Heard Mr. Parameswara Rao, Counsel representing the appellant-A1 provided by Legal Aid and Mr. Mohd. Osman Shaheed, Additional Public Prosecutor.2. Appellant-A1 preferred the present criminal appeal as against the judgment dated 26.7.2002 in Sessions Case No. 116 of 2000 on the file of the Sessions Judge, Karimnagar.3. It is represented by the learned Counsel for the appellant that the appellant-A1 had almost completed the imprisonment imposed on her, except just less than one month.4. The Assistant Superintendent of Police, Jagtlal filed the charge-sheet against A1 and A2 under Sections 304-B and 302, IPC. However, the learned Sessions Judge, Karimnagar arrived at a conclusion that A1 subjected the deceased to cruelty driving up to commit suicide, and it attracts the ingredients under Section 498-A IPC, but however, the prosecution failed to establish the guilt of A2 and accordingly, convicted A1 only and sentenced her to undergo rigorous imprisonment for a period ...
Meduri Suryaprakash Rao @ Chandrasekher Vs. Meduri Syamala and anr.
Court: Andhra Pradesh
Decided on: Sep-16-2004
Reported in: 2005(1)ALD(Cri)36; II(2005)DMC252
ORDERC.Y. Somayajulu, J.1. Petition in M.C. No. 62 of 2001 filed under Section 125, Cr.P.C. by the respondent, seeking maintenance of Rs. 500/- per month from the petitioner, was dismissed on 13.9.2002 by the learned Magistrate, on the ground that respondent came to Court at a belated stage. Revision in Crl.R.P. No. 113 of 2002 preferred by the first respondent, questioning the order of dismissal, was allowed by the impugned order by the Sessions Court. Hence, this petition, questioning the order in revision.2. The main contention of the learned Counsel for the petitioner is, since first respondent had voluntarily left the society of the petitioner as long back as in 1986, and addressed a letter in Ex. R-1 to the petitioner that she is not interested in living with him and since first respondent is able to maintain herself from over fifteen years prior to the filing of the M.C., by running or working in a telephone booth, the Sessions Court was in error in allowing the revision, and aw...
Union of India (Uoi) Owning S.C. Railway, Through Its General Manager ...
Court: Andhra Pradesh
Decided on: Sep-15-2004
Reported in: II(2005)ACC80; 2004(6)ALD171
L. Narasimha Reddy, J.1. This appeal, under Section 23 of the Railway Claims Tribunal Act, 1987, is filed by the South Central Railway, assailing the order dated 10-8-1998, passed by the Railway Claims Tribunal, Secunderabad Bench, in T.A. No. 397 of 1990.2. The respondent, M/s. Indian Oil Corporation, made a claim against the appellant stating that it loaded 24,550 liters of H.S.D. oil in wagon No. WR 42186, under a railway receipt, dated 08-06-1986, to be delivered at Gooty in Anantapur District, and that the entire wagon was found empty at the place of destination. It was pleaded that the oil leaked in the transit, on account of loosening of nuts and bolts at the bottom of the valve, and that it is entitled to be compensated for loss of the goods. The appellant filed written statement denying its liability. It was pleaded that the wagon, referred to above, along with other wagons, was supplied to the respondent and all of them were filled in the siding of the respondent. The receipt...
Tadisetty Satyam Vs. Penta Hari Murali and anr.
Court: Andhra Pradesh
Decided on: Sep-15-2004
Reported in: 2004(6)ALD150
Elipe Dharma Rao, J.1. This civil miscellaneous appeal is preferred against the Order dated 4.8.2000 in O.P. No. 530 of 1998 rendered by the Motor Accidents Claims Tribunal-cum-Additional District Judge, Vizainagaram, awarding Rs. 11,500/- with proportionate costs and interest to the appellant towards compensation.2. The brief facts are as follows:3. The first respondent is the driver- cum-owner of the scooter bearing No. AP 31D 9106. The second respondent is the insurer. On 6.11.1996, at about 9.00 a.m., the first respondent drove his scooter in a rash and negligent manner, on main road, Gajapathinagaram, and dashed against the appellant, who was on extreme left side of the road, resulting which, the appellant sustained fracture to his left hand and injuries all over his body. Immediately, he was shifted to Gajapathinagaram Government Hospital, for treatment. At the time of the accident, the appellant was aged about 63 years and earning Rs. 100/- per day by selling chocolates and bisc...
Atchutuni Saibaba and ors. Vs. State
Court: Andhra Pradesh
Decided on: Sep-15-2004
Reported in: II(2005)DMC387
P.S. Narayana, J.1. A1 to A3 in Sessions Case No. 155 of 1993 on the file of the Sessions Judge, Manila Court, Vijayawada, are the appellants. As against A4 an order of acquittal was recorded and it had attained finality. However, A1 to A3 were convicted by the learned Judge vide judgment dated 2.9.1998 under Sections 498-A and 306 of the Indian Penal Code (IPC) and they were sentenced as follows:(i) A1 and A3 were sentenced to undergo rigorous imprisonment for a period of one year each; A2 was sentenced to undergo simple imprisonment for a period of six months and in addition to it, A1 to A3 were imposed a fine of Rs. 2,000/- each, in default, to suffer simple imprisonment for a period of three months each, for the offence under Section 498-A, Indian Penal Code.(ii) A1 and A3 were also sentenced to undergo rigorous imprisonment for a period of two years and A2 to undergo simple imprisonment for a period of one year and in addition to it, A1 to A3 were imposed a fine of Rs. 5000/- each...
Tadesetty Satyam Vs. Penta Hari Murali and anr.
Court: Andhra Pradesh
Decided on: Sep-15-2004
Reported in: II(2005)ACC322
Elippe Dharma Rao, J.1. This civil miscellaneous appeal is preferred against the order dated 4th August, 2000 in O.P. No. 530 of 1998 rendered by the Motor Accident Claims Tribunal-cum-Additional District Judge, Vizianagaram, awarding Rs. 11,500/- with proportionate costs and interest to the appellant towards compensation.2. The brief facts are as follows:The first respondent is the driver-cum-owner of the scooter bearing No. AP 31D-9106. The second respondent is the insurer. On 6th November, 1996, at about 9.00 a.m., the first respondent drove his scooter in a rash and negligent manner, on main road, Gaiapathinagaram, and dashed against the appellant, who was on extreme left side of the road, resulting which, the appellant sustained fracture to his left hand and injuries all over his body. Immediately, he was shifted to Gajapathinagaram Government Hospital, for treatment. At the time of the accident, the appellant was aged about 63 years and earning Rs. 100/- per day by selling chocol...
Mohd. Hyder Khan, S/O. Yakoob Khan Vs. Mohd. Abdul Gafoor Khan, S/O. L ...
Court: Andhra Pradesh
Decided on: Sep-14-2004
Reported in: 2004(6)ALD439; 2004(6)ALT674
ORDERB. Seshasayana Reddy, J.1. This Civil Revision Petition is directed against the order dated 3-9-2003 passed in I.A.No.155 of 2003 in O.S.No.471 of 1983 on the file of the XIII Additional Chief Judge, (F.T.C.), City Civil Court, Hyderabad, whereby the learned Additional Chief Judge reviewed his own order passed on 29-07-2003.2. The petitioner is the plaintiff and the first respondent is the defendant No.1 in O.S.No.471 of 1983. The plaintiff filed the suit for partition and separate possession of his share in the suit schedule property. Defendant No.1 filed written statement resisting the claim of the plaintiff. After closure of the evidence on behalf of the defendants and when the case was coming up for arguments, the first defendant filed I.A.No.155 of 2003 under Order 8 Rule 1 of Code of Civil Procedure to condone the delay in filing the registered sale deed dated 3-11-1964 and to receive the same on his behalf. The plaintiff resisted the said application. 3.The learned Addition...
BOC India Ltd. Vs. Assistant Regional Director, Employees' State Insur ...
Court: Andhra Pradesh
Decided on: Sep-14-2004
Reported in: 2004(5)ALD713; 2005(1)ALT397; (2005)ILLJ224AP
L. Narasimha Reddy, J.1. This appeal is filed under Section 82 of the Employees State Insurance Act, 1948, hereinafter referred to as 'the Act', by the appellant herein, aggrieved by the order, dated 20.10.1998, passed by the E.S.I. Court, in E.I. Case No. 66 of 1997.2. The appellant is a Limited Company, engaged in the activity of manufacturing, and supply of industrial gases. The present dispute relates to the transport of Oxygen gas manufactured, and bottled by the appellant. After the gas is manufactured, and filled in cylinders, the appellant supplies the same to its customers. While in some cases, the customers directly take the cylinders, in other cases, the appellant delivers the cylinders to its bulk customers, by engaging transport contractors.3. On 17.2.1995, the officials of the E.S.I. Corporation visited the factory of the appellant. They opined that the appellant ought to have paid contribution for the employees, engaged in transport of cylinders also. Accordingly, a noti...
Hindustan Shipyard Limited, Represented by Its Chairman and Managing D ...
Court: Andhra Pradesh
Decided on: Sep-14-2004
Reported in: I(2005)ACC214; 2005ACJ748; 2004(5)ALD785; 2004(6)ALT234
L. Narasimha Reddy, J.1. This appeal is filed under Section 30(1) of the Workmen's Compensation Act, 1923 (for short 'the Act'), against the order, dated 28.01.2003, passed by the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Circle-I, Visakhapatnam (for short 'the Commissioner'), in W.C. Case No. 4 of 2002.2. The respondents submitted a claim before the Commissioner alleging that late Sk. Fakeet Ahmed Basha, the husband of the 1st respondent, and father of 2nd respondent, was employed with the appellant as Erector (Master Tradesman). It is stated that he left his house on 25.06.2001, during early hours, to work in the first shift; reported to duty, and died in the course of employment, within the premises of the appellant. They prayed for award of compensation in accordance with the provisions of the Act. The appellant resisted the claim alleging that the deceased was continuously absent from 20.06.2001 till 25.06.2001. It was urged that the shift start...
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