Andhra Pradesh Court June 2005 Judgments

Shaik SharifuddIn Vs. Syed Khader Valli and anr.

Court: Andhra Pradesh

Reported in: 2005(5)ALD321; 2005(4)ALT508

ORDERL. Narasimha Reddy, J.1. The petitioner is the tenant of the respondents in respect of non-residential premises, situated at Kadapa. He filed O.S. No. 673 of 1999 in the Court of the III Additional Junior Civil Judge, Kadapa against the respondents for the relief of perpetual injunction. According to him, he paid a sum of Rs. 50,000/- to the respondents as advance and that the respondents were trying to evict him forcibly, without even offering to refund the said amount. Ultimately, the trial Court decreed the suit through its Judgment dated 20-4-2000. The purport of the decree is that in case the respondents deposit a sum of Rs. 50,000/- into the Court, the petitioner shall be liable to vacate the premises. The respondents deposited the amount of Rs. 50,000/- as directed by the trial Court. The petitioner is said to have withdrawn that amount. The respondents filed an E.P. 167 of 2002 to enforce their rights under the decree, in the Court of the Senior Civil Judge, Kadapa. The pe...

Sri Valeswara Swamy Temple Vs. Vishnumolakala Subhash Chandra Bose and ...

Court: Andhra Pradesh

Reported in: 2005(5)ALD266

L. Narasimha Reddy, J. 1. This second appeal is preferred by Sri Valeswara Swamy Temple, Chavali Village of Guntur District, through its Executive Officer.2. The appellant owns an extent of Ac.21-00 of wet land. It conducted auction of leasehold rights on 14-7-2000. Respondents 7 to 12 herein are said to have emerged as the highest bidders for a sum of Rs. 2,00,000/-. Respondents 1 to 6 (for short 'the respondents') filed O.S.No. 399 of 2000, in the Court of the Principal Junior Civil Judge, Tenali, for the relief of perpetual injunction, restraining the respondents 7 to 12, from interfering with their possession over the suit schedule property viz. Ac.21-00, in various survey numbers. They pleaded that they are the lessees from the chief archaka of the temple, by name Brahmam Bhotlu, from about 1980 onwards, and have referred to various proceedings that have ensued in respect of the land. Ultimately, they pleaded that respondents 7 to 12 were trying to interfere with their possession ...

Rompicherla Bala Krishnamacharyulu Vs. State Bank of India

Court: Andhra Pradesh

Reported in: AIR2006AP149; 2005(5)ALD378

ORDERL. Narasimha Reddy, J. 1. The petitioner holds an account with the respondent. He is also operating a locker provided by the respondent. Alleging that his locker was unauthorisedly opened and the valuables deposited therein were taken away, the petitioner filed O.S. No. 102 of 2002 in the Court of the Senior Civil Judge, at Gudivada for return of the articles said to be missing from the locker, or in the alternative for a decree of Rs. 1,10,500/- representing the costs there of.2. The respondent entered appearance and engaged an Advocate by name Sri M.N.P. Reddy.3. The petitioner filed a memo in the suit with a contention that in the panchanama said to have been prepared recording the status of the locker, Sri M.N.P. Reddy figured as a witness and in that view of the matter, he cannot appear as an advocate in the matter. The memo was resisted by the respondent. Ultimately, through its order dated 9-12-2004, the trial Court rejected the memo. Hence this revision.4. Sri L. Ravichand...

E. Murray and ors. Vs. Commissioner of Labour, Government of A.P. and ...

Court: Andhra Pradesh

Reported in: 2005(5)ALD256

ORDERC.V. Ramulu, J. 1. These two writ petitions are filed seeking a mandamus declaring the action of the first respondent in entrusting the services of the petitioners (Watch and Ward) to the fifth respondent for engaging them as Assistant Security Officer/Security Guards and treating as Contract Labourer, even though it was prohibited by the Government through G.O. Ms. No. 492 dated 16.10.1980 and G.O. Ms. No. 107 dated 31.10.1988 and further not paying the minimum wages as prescribed under the Minimum Wages Act to the petitioners as arbitrary and illegal and consequentially to direct the respondents to regularize the services of the petitioners in Watch and Ward Department of the respondent Nos. 2 to 4 and also direct respondent Nos. 2 to 5 to pay the minimum wages as fixed under the Minimum Wages Act.2. It is the case of the petitioners that they are working as Assistant Security Officers/Security Guards under the control of respondent Nos. 2 to 4. The nature of work attended to by...

Linga Nagender Rao (Died) by Lrs. Vs. C.K. Yesovardhan

Court: Andhra Pradesh

Reported in: 2005(5)ALD438

ORDERP.S. Narayana, J. 1. Heard Sri S. Ganesh Rao, learned Counsel, representing the revision petitioners who are the legal representatives of the original landlord Linga Nagender Rao and Sri G.S. Prakash Rao, learned Counsel representing the respondent herein-tenant. 2. The present civil revision petition is filed, under Section 22 of the A.P. Buildings (Lease Rent and Eviction) Control Act (for short 'the Act'), against the reversing order dated 18-12-2000 made in R.A. No. 143 of 1997 on the file of the Additional Chief Judge, City Small Causes Court at Hyderabad. 3. Originally, the landlord, Linga Nagender Rao, who died during the pendency of this civil revision petition, filed R.C. No. 192 of 1995 on the file of the Additional Rent Controller at Secunderabad praying for eviction of the tenant on the ground that he requires the demised premises for his additional accommodation and also on another ground that the tenant ceased to occupy the petition schedule premises. The son of the ...

Bejjanki Kishan Vs. State of A.P.

Court: Andhra Pradesh

Reported in: 2005(2)ALD(Cri)185; 2005CriLJ3780

Bilal Nazki, Actg. C.J.1. Heard learned senior counsel for the appellant and also the Public Prosecutor and perused the record.2. The sole accused in Sessions Case No. 749 of 2001 before the IInd Additional Sessions Judge at Karimnagar, has filed this appeal, challenging the conviction and sentence passed against him for the offences under Section 304-B of I.P.C. and under Section 4 of Dowry Prohibition Act. Under Section 304-B of I.P.C., he has been sentenced to imprisonment for life and under Section 4 of the Dowry Prohibition Act, he has been sentenced to one year imprisonment and he has been fined with Rs. 1,000/-, in default, he has to undergo simple imprisonment for a period of three months.3. On an allegation that the accused burnt his wife, charges were framed against the accused for the offences under Sections 498A, 302 and 304-B of I.P.C. and under Section 4 of the Dowry Prohibition Act. The accused pleaded not guilty and claimed to be tried. Prosecution examined 13 witnesses...

Life Insurance Corporation of India and Others Vs. Mora Rajeswari

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Mrs. M. Shreesha, Member: 1. Aggrieved by the order in C.D. No. 233/1998 on the file of District Forum, Karimnagar, opposite parties preferred this appeal. 2. The brief facts as set out in the complaint are that the complainant is the wife of M. Satyanarayana, who had taken a policy from the opposite parties for a sum of Rs. 50,000 on 28.9.1994. He did not pay the premium due on 28.6.1996 but subsequently paid the same on 26.8.1996. Thereafter his insurance policy was revived and he paid the subsequent premiums regularly till his death on 15.3.1997, due to cancer. The complainant submitted a claim form on 10.9.1997 which was repudiated on the ground that her husband was suffering from Herpetic Neuralgia prior to the date of revival and he did not disclose the said fact in his personal statement. The complainant further submits that the insured was suffering from cancer two months prior to the death and the said fact was mentioned in the Medical Attendance Certificate. Prior to that he ...

L.i.C. of India Vs. V. Sekhar Babu

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Mrs. M. Shreesha, Member: 1. Aggrieved by the order in C.D. No. 224/2001 on the file of District Forum, Nellore, the opposite party preferred this appeal. 2. The brief facts as set out in the complaint are that the complainant s wife has taken LIC policy on 28.5.1994 and paid a premium of Rs. l,253 for the policy amount of Rs. 25,000 which is for a period of 20 years. The complainant is the nominee and the second premium was also paid on 30.9.1995. The life assured died on 26.10.1995 and thereafter the complainant preferred a claim and the same was repudiated on 30.10.1996. Hence the complaint. 3. Opposite party filed counter stating that the life assured suppressed the fact that she had consulted Apollo Hospital, Nellore on 13.10.1994 as an out patient vide hospital No. 33924 and the diagnosis arrived at was Chronic Myloid Leukemia. It is their contention that at the time of signing the proposal on 5.12.1994 the life assured knew that she was suffering from Myloid Leukemia and deliber...

Canara Bank Vs. Gajjala Venkatesh

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Mrs. Merla Shreesha, Member: 1. Aggrieved by the order passed by the District Forum, Ranga Reddy District in C.D. No. 131 of 1999 dated 22.9.2003, the present appeal has been filed by the opposite party. 2. The brief facts set out in the complaint are that the complainant approached the bank for overdraft of Rs. 1,35,000/- against the security pledge of shares of various approved companies but availed only Rs. 1,27,433.12 in March, 1995. The total worth of the share certificates by that date was Rs. 2,75,000/-. The opposite party obtained letter of authorization from the complainant to receive the dividend in respect of the above referred shares from the concerned companies and the opposite party was directly receiving the dividend from the concerned companies. In order to liquidate the over draft amount he authorized the opposite party in his letter dated 10.3.1997 to dispose of 10 Rajapalam Mills shares amounting to Rs. 28,875/- and 150 shares of Jyothi Structures amounting to Rs. 24...

Aluminium Industries Ltd. Vs. Industrial Tribunal and ors.

Court: Andhra Pradesh

Reported in: 2005(5)ALD112; 2005(4)ALT582; [2006(109)FLR485]

ORDERRamesh Ranganathan, J.1. This writ petition is filed by M/s. Aluminium Industries Limited (hereinafter referred to as 'the petitioner), challenging the award of the Industrial Tribunal, Hyderabad (hereinafter referred to as 'the Tribunal') in I.D. No. 1 of 1994, dated 31-8-1994.2. A reference was made by the Government of Andhra Pradesh under Section 10(1)(d) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') in G.O.Rt. No. 2729 (Women's Development, Child Welfare and Labour Department, dated 21-12-1993) to adjudicate the industrial dispute referred to hereunder:'Whether the (1) Alind Employees Union (2) Alind Machinery Division Employees Union (3) Alind Contract Workers Union are justified in demanding wages for lock-out period from 3-5-1993 to 5-9-1993 from the management of Alluminium Industries Limited, Lingampally, Hyderabad? If not, to what relief the workmen are entitled to?'3. The dispute was referred to the Tribunal, and numbered as I.D. No. 1 of ...