Andhra Pradesh Court April 2005 Judgments
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C.V. Subba Reddy Vs. Executive Engineer, Telgu Ganga Project and ors.
Court: Andhra Pradesh
Decided on: Apr-15-2005
Reported in: III(2005)ACC792; 2005(4)ALD186; 2005(4)ALT41
P.S. Narayana, J.1. Heard Sri Parameswara Reddy, Counsel representing the appellant and Government Pleader for Appeals representing the respondents.2. The following substantial questions of law arise for consideration in the present Second Appeal:1. Whether the deduction of money from the bills of appellant/contractor without there being an adjudication under Section 12 of the Workmen's Compensation Act be sustained ?2. Whether withdrawing of the amount on the ground that compensation had been awarded to the heirs of the deceased workmen from the appellant/ contractor without making him as a party to the claim and without following due procedure be in accordance with law ?Both the Counsel advanced elaborate submissions. The Counsel for appellant placed strong reliance on Triveedhi Peerayya v. Executive Engineer, 1986 (1) APLJ 585 = 1988 II LLN 483.3. C.B. Subba Rao, the unsuccessful plaintiff, being aggrieved by the reversing judgment made in A.S. No. 26/93 on the file of II Additional...
Minerva Talkies and ors. Vs. Pinapala Sujan Babu and ors.
Court: Andhra Pradesh
Decided on: Apr-15-2005
Reported in: 2005(4)ALD169; 2005(4)ALT275
ORDERR. Subhash Reddy, J.1. This civil revision petition is filed by the defendants in the suit in O.S. No. 9 of 1999 on the file of the I Additional District Judge, at Machilipatnam, aggrieved by the order dated 22-9-2004.2. The first respondent herein filed the above said suit, for recovery of money on account of damages, on the ground that he was evicted from the suit schedule premises, which is a theatre, before expiry of lease. In lieu of his evidence, while filing an affidavit under Order 18 Rule 4 of the Code of Civil Procedure, the document dated 10-2-1994 was sought to be marked on his behalf. The petitioners herein raised objection for making such document, on the ground, that it is a lease deed and in absence of proper stamp duty and registration, the same is not admissible in evidence. It was the case of the respondent-plaintiff that it is only a licence and not a lease, and no interest in the immovable property is transferred; as such, the same is admissible document witho...
New India Assurance Company Limited Vs. Smt. P. Padmavathi and ors.
Court: Andhra Pradesh
Decided on: Apr-15-2005
Reported in: III(2005)ACC636; 2006ACJ1668; 2005(5)ALD185; 2005(4)ALT401; [2005(106)FLR857]
R. Subhash Reddy, J.1. When the petition to condone the delay has come up, on the request of both the learned counsel, after condoning the delay, the Civil Miscellaneous Appeal, itself, is taken up for consideration.2. This Civil Miscellaneous Appeal, under Section 30 of the Workmen's Compensation Act, 1923, is filed by the New India Assurance Company Limited, aggrieved by the award passed by the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour-II, Hyderbad, in W.C. No. 90 of 2004.3. For the purpose of convenience, I refer the parties, herein, as arrayed before the Tribunal below.4. The applicants have filed claim petition before the Tribunal below, claiming compensation of Rs. 4,00,000/- on account of accidental death of the deceased, by name, P. Raghava Rao, on 27-7-2004. As stated in the claim petition, it was the case of the applicants, that the deceased-Raghava Rao was in the employment with OP. No. 1, as cleaner and on 27-7-2004 he died accidentally du...
Giri Yadav Vs. L. Ramesh Goud
Court: Andhra Pradesh
Decided on: Apr-15-2005
Reported in: 2005(4)ALD562; 2005(4)ALT411
L. Narasimha Reddy, J.1. The appellant is the sole defendant in O.S. No. 14 of 2000 on the file of the VII Senior Civil Judge, City Civil Court, Hyderabad2. The respondent filed the suit for eviction of the appellant from the suit schedule premises, a residential house, and for recovery of arrears of rents. Through its judgment dated 6-3-2003, the trial Court decreed the suit. Hence, this appeal.3. Ms. B. Vijetha, learned counsel for the appellant submits that the respondent failed to prove his ownership over the suit schedule property, much less, did he establish the existence of relationship of tenant and landlord, between himself and the appellant. She contends that Ex.A-5, lease agreement, dated 18-8-1999, was not signed by the respondent; was not properly stamped, and in that view of the matter, it was inadmissible in evidence. She contends that Rajeswar Goud, the father of the plaintiff, and L. Ramesh Babu, was the G.P.A. of the landlord, of one Sri Guru Murthy, and since the ori...
Ande Naga Jyothi and anr. Vs. Gorla Nagi Reddy and anr.
Court: Andhra Pradesh
Decided on: Apr-15-2005
Reported in: II(2006)ACC16; 2005(5)ALD137; 2005(4)ALT459
R. Subhash Reddy, J.1. This Civil Miscellaneous Appeal, under Section 30 of the Workmen's Compensation Act, 1923, is filed by the applicants, aggrieved by the award passed by the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour-I, Guntur, in W.C. Case No. 543 of 1996.2. The appellants herein have filed application before the Tribunal below claiming compensation of Rs. 2,00,000/- against the respondents-opposite parties, on account of accidental death of the deceased, by name, Ande Anneswara Rao on 14-9-1996. It was the case of the applicants that the deceased was working as driver with OP. No. 1 and, was driving tractor bearing No. A.P. 7E.6328 and on 14-9-1996, while he was driving the said tractor for preparing the wet land for plantation of paddy, the tractor turned turtle. It was their case that in the said accident, the deceased received grievous injuries and died. On a complaint to the police, a case was registered in Cr. No. 69 of 1996 on the file of ...
Ch. Appala Reddy Vs. Eastern Power Distribution Company of A.P. Ltd. a ...
Court: Andhra Pradesh
Decided on: Apr-13-2005
Reported in: 2005(3)ALD525; 2005(3)ALT632; (2005)IIILLJ542AP
L. Narasimha Reddy, J 1. The appellant was employed as a Line Inspector with the Eastern Power Distribution Company of A.P. Limited-the first respondent. The second respondent viz., the Superintending Engineer, Operation APEPDC is the appointing authority. The second respondent appointed the third respondent herein as an Enquiry Officer to conduct enquiry into certain allegations, levelled against the appellant. Consequently, the third respondent framed charges and served the same on the appellant through his Proceedings dated 22.11.2004. The appellant challenged the same by filing Writ Petition No. 24324 of 2004.2. In the writ petition, the plea of the appellant was that the appointment of the third respondent as an Enquiry Officer was not preceded either by a show-cause notice or by a charge-sheet and in that view of the matter, the same was vitiated. He placed reliance upon the judgment of the Supreme Court in State of Punjab v. V.K. Khanna, AIR 2001 SC 343. On behalf of the respond...
Mahaboob Mastana Begum Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Apr-13-2005
Reported in: 2005(3)ALD748
ORDERC.Y. Somayajulu, J.1. The admitted facts in this case are, Smt. Azizumunnisa Begum, w/o. Mohd. Shabuddin i.e., mother of petitioner and the unofficial Respondents 4 to 12 (hereinafter referred to as the deceased) was granted 99 years lease in respect of 230 coconut trees and 3 tamarind trees, situated on the Mulaparru-Achanta and -Deva Road, way back on 4-10-1955 by the third respondent-Zilla Parishad. Subsequent to the death of the deceased on 23-2-1999, in pursuance of the application of the petitioner that she became entitled to the lease granted to her mother i.e., the deceased as per the registered Will executed by the deceased, third respondent even without issuing notice to the other heirs of the deceased i.e., unofficial Respondents 4 to 12, passed orders transferring the lease in the name of the petitioner on 9-4-2002. After coming to know that fact, Respondents 4 to 12 made an application on 5-12-2002, objecting to the transfer of lease without notice to them to the peti...
Kota Rama Rao Vs. Kolli Rajeswaramma
Court: Andhra Pradesh
Decided on: Apr-13-2005
Reported in: 2005(3)ALD822
A. Gopal Reddy, J.1. This is an appeal filed by the defendant against the judgment and decree dated 15-12-1987 passed in O.S. No. 273 of 1982 by the II Additional Subordinate Judge, Kakinada in a suit brought by the plaintiff to enforce specific performance of agreement of sale dated 9-7-1979 upon a site approximately 500 square yards after getting the area measured and the septic tank in item No. 2 of the plaint schedule is removed.Pleadings:2. It is admitted that the appellant/ defendant entered into an agreement of sale dated 9-7-1979-Ex.A1 with the respondent/ plaintiff, agreeing to sell 500 square yards of house site adjacent to his building, which is purchased under a registered sale deed dated 21-6-1978-Ex.B4, for a sale consideration of Rs. 48/- per square yard and received a sum of Rs. 1,500/- towards advance on the said date and the balance of sale consideration has to be paid within three months i.e. on or before 8-10-1979 after giving credit to the advance amount paid and t...
A.P. Wine Dealers Association and ors. Vs. Deputy Director of Income-t ...
Court: Andhra Pradesh
Decided on: Apr-13-2005
Reported in: (2005)198CTR(AP)136; [2005]276ITR225(AP)
P.S. Narayana J.Facts in brief :1. An unprecedented novel situation arose in the State of Andhra Pradesh due to the decisions of this court holding certain portions of the excise policy of the State Government being bad, ultimately paving the way for issuance of No. DDIT/U-1(2)/2004-05, dated March 16, 2005, whereunder the Superintendents of Prohibition and Excise of the State of Andhra Pradesh were called upon by the first respondent, evidently representing the investigative agency of the Income-tax Department, to produce all the demand drafts along with the applications of the applicants within 24 hours of the delivery of the judgment of this court in a pending writ petition in the manner indicated in the said proceeding purporting to exercise such power under Section 131(1) and (1A) of the Income-tax Act 1961, hereinafter in short referred to as 'the Act' for the purpose of convenience. The said action is challenged by writ petitioners Nos. 1 to 4. The first petitioner is M/s. A. P....
Atluri Purushotham Vs. Vijayawada-guntur-tenali-mangalagiri Urban Deve ...
Court: Andhra Pradesh
Decided on: Apr-13-2005
Reported in: 2005(6)ALD552; 2005(5)ALT152
ORDERP.S. Narayana, J.1. One Sri Atluri Pursushotham, the Writ Petitioner in W.P.No. 15716 of 2004 had set the law into motion by questioning G.O.Ms. No. 33 M.A., Municipal Administration and Urban Development (M2) Department, dated 3-2-2001 and also sanctioned plan issued by Respondent No. 1. The 1st respondent is Vijayawada-Guntur-Tenali-Mangalagiri Urban Development Authority, and the 2nd respondent is Vijayawada Municipal Corporation. Respondents No. 3 to 5 are the parties who obtained the sanctioned plan. Respondent No. 6 is Government of Andhra Pradesh, represented by Secretary Municipal Administration.2. The writ petitioner had prayed for a relief of Writ of Mandamus declaring the G.O.Ms.No. 33 MA, Municipal Administration and Urban Development (M2) Department, dated 3-2-2001, as illegal and contrary to the provisions of the A.P. Urban Areas (Development) Act, 1975 and the Hyderabad Municipal Corporations Act, 1955, A.P. Fire Services Act, 1999 and A.P. Apartments Act, 1987 and ...
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