Andhra Pradesh Court September 2005 Judgments
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New India Assurance Co. Ltd. Vs. R. Anantha Reddy and ors.
Court: Andhra Pradesh
Decided on: Sep-28-2005
Reported in: I(2006)ACC396; 2006(1)ALD38; 2005(6)ALT623
A. Gopal Reddy, J.1. The short question Involved in all these appeals is, whether policy obtained for tractor-trailer for agricultural purpose covers the risk of labourers when it is used for transporting gravel to the cattle shed of the insured. Hence, they are being disposed of by this common judgment.2. The New India Assurance Company Limited called in question the legality of the separate orders passed by the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Nizamabad dt. 20-8-2004 in W.C. case Nos. 512, 511, 509, 514, 510 and 513 of 2003 respectively in allowing the applications filed under Section 22 of Workmen's Compensation Act, 1923.3. The facts giving rise to the controversy, which are not in dispute, are briefly stated thus: Opposite Party No. 1 (herein after called as 'the insured') insured the tractor bearing registration No. AP 25 F 2601 and trailer bearing No. AP 25 F 2602 with the New India Assurance Company Limited, Nizamabad (hereinafter ca...
Netrambaka Krishnaiah Vs. Nellore Audinarayana
Court: Andhra Pradesh
Decided on: Sep-28-2005
Reported in: 2006(1)ALT76
ORDERC.V. Ramulu, J.1. The Civil Revision Petition is filed under Article 227 of the Constitution of India being aggrieved by an Order dated 3-12-2004 made in I.A. No. 1053 of 2004 in O.S. No. 1030 of 1999 on the file of the learned Principal Junior Civil Judge, Nellore.2. The petitioner is the plaintiff. He filed the suit in O.S. No. 1030 of 1999 initially for permanent injunction restraining the respondent-defendant from interfering with the suit schedule channel. Thereafter, it was amended to that of seeking mandatory injunction for restoration of the channel. The present I.A. No. 1053 of 2004 was filed by the respondent-defendant under Order XVIII Rule 4 read with Section 151 of the Code of Civil Procedure to determine the admissibility of understanding/agreement dt. 26-10-1987 marked as Ex.A-6 stating that it is hit by the provisions of the Stamp Act as well as the Registration Act; therefore, it cannot be admitted in evidence. The petitioner-plaintiff resisted the same on the gro...
M.K. Gold Paints (P) Ltd. Vs. Assistant Accounts Officer, Electricity ...
Court: Andhra Pradesh
Decided on: Sep-28-2005
Reported in: 2006(1)ALT255
ORDERV.V.S. Rao, J.1. The petitioner is a private limited company engaged in manufacture of paints. The company obtained electricity connection from A.P. Transmission Corporation in April 2002 duly paying the necessary charges for laying transmission lines and installation of transformer. At the time of availing power supply, the petitioner entered into agreement for purchase of electricity (the Agreement, in brief) on 15-03-2002. Clause 10 of the Agreement provides that the consumer shall pay minimum charges every month as prescribed by terms and conditions of supply and tariff order even if no electricity is consumed for whatever reason or if the electricity consumed is less than guaranteed minimum. Clause 11 of the Agreement casts an obligation on the consumer to pay special annual charges every year, if during any year falls short of the guaranteed minimum. It appears for the year 2002-2003, the consumption of the petitioner fell short of annual minimum guarantee (AMG) and therefor...
Entala Bhupal and anr. Vs. District Revenue Officer and ors.
Court: Andhra Pradesh
Decided on: Sep-27-2005
Reported in: 2005(6)ALT560
ORDERB. Seshasayana Reddy, J.1. The petitioners invoked extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India and accordingly prayed for issuance of order, direction or writ of mandamus declaring the proceedings of District Revenue Officer, Warangal, Warangal District, 1st respondent issued in Rc.No. E3/ H5/180/2001, dated 3-9-2002 as illegal, arbitrary, without jurisdiction and contrary to the provisions of A.P. Rights in Land and Pattadar Pass Books Act, 1971.2. The impugned order passed by the 1st respondent, District Revenue Officer, Warangal, Warangal District is challenged on various grounds. Before I consider the question as to the validity of the impugned order, it may be relevant to notice a few facts leading to filing of this writ petition.3. The petitioners are joint owners and possessors of land bearing Survey No. 1061 admeasuring Ac.1-37 gts. situated at Himmathnagar Village, Zaffergadh Mandal of Warangal District. The petitioners claim t...
S. Srinivasulu Vs. Apsrtc and anr.
Court: Andhra Pradesh
Decided on: Sep-27-2005
Reported in: 2005(6)ALD829
ORDERL. Narasimha Reddy, J.1. Apart from plying the buses owned by it, the APSRTC hires private busses, to ply them on the routes, on which it holds permits. The petitioner owns a bus bearing No. AP-24U-4464. He approached the respondents, to place the bus at their disposal. An agreement was entered into, between the petitioner and the respondents, on 12.5.2001, whereunder, it was agreed that the bus of the petitioner would be taken on hire, by paying Rs. 8-48 ps, per kilometer. It is not necessary to refer to various other conditions, except Clause 4(1) of the agreement, whereunder the respondents were under the obligation to provide a guaranteed kilometerage 6000 kms., per month, for the petitioner. 5 days thereafter, first respondent issued proceedings dated 17.5.2001, directing that the bus of the petitioner shall ply, on the route from Khammam to Pangidi. The distance to be covered by the bus, in 12 single trips, was stipulated as 336 kms. The petitioner started plying the bus, in...
Merla Rama Das and anr. Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Sep-27-2005
Reported in: 2006(1)ALD271
ORDERC.Y. Somayajulu, J.1. This writ petition is filed to strike down explanation to Section 3(i) of the A.P. Land Reforms (Ceiling and Agricultural Holding) Act, 1973 (hereinafter referred to as 'the Act') as unconstitutional and violative of Articles 14, 16 and 21 of the Constitution.2. The main contention of the learned Counsel for the petitioner is that by virtue of explanation to Section 3(i) read with Section 13 of the Act, there is discrimination between the tenants of agricultural lands in Telangana Area of Andhra Pradesh, who are governed by the provisions of the Andhra Pradesh (Telangana Area) Tenancy Act, 1950 (hereinafter referred to as 'the Telangana Area') and the tenants of agricultural lands in Andhra Area, who are governed by the provisions of the Andhra Pradesh (Andhra Area) Tenancy Act, 1956 (hereinafter referred to as 'the Andhra Act') because the benefit being extended to the tenants in Telangana Area is deprived to the tenants in the Andhra Area though they are in...
Kondapalli Nagaraja Vs. Kondapalli Syamala
Court: Andhra Pradesh
Decided on: Sep-27-2005
Reported in: 2006(1)ALT183
ORDERC.Y. Somayajulu, J.1. In a suit for recovery of money filed by the respondent against him an ex-parte decree was passed against the petitioner. So, he filed a petition to set aside the said ex-parte decree with a petition to condone the delay of 440 days which was dismissed by the order under revision.2. The case, in brief, of the petitioner is that as, he who was doing business in the name and style of Annapurna Insecticides Industry at Industrial Estate, had closed that business and started business in P.V.C. pipes and was touring extensively in this State and the neighboring States, he could not contact his counsel, who was addressing letters to his old address, and so could not be received by him, and had come to know, through his counsel, about two days prior to filing of the petition, that an ex parte decree was passed against him on 16-12-2002, and since there are no laches on his part in filing the petition to set aside the ex-parte decree within the time prescribed, delay...
Sri Kanaka Durga Agnikula Kshatriya Sand Quarry, Boatsmen and Fisherme ...
Court: Andhra Pradesh
Decided on: Sep-27-2005
Reported in: 2006(1)ALD495; 2006(2)ALT399
ORDERV.V.S. Rao, J.1. These three writ petitions were heard together. This common order shall dispose of the three writ petitions.2. The petitioner in W.P. No. 20854 of 2005 is a co-operative society. The society became highest bidder in the auction conducted by the respondents for leasing out the right to quarry sand in reach 44 at Razole in Godavari River. As per the conditions, the petitioner was required to pay the bid amount of Rs. 1,57,500/- (after allowing ten per cent concession as it is a Boatsmen Society) in four instalments. The petitioner allegedly paid all the instalments. Be that as it is, after the petitioner paid a sum of Rs. 80,000/- reach 44 was handed over to the petitioner. It is alleged that for not reason or the other, the petitioner could not conduct sand query operations for a period of about two months from 26.12.2004 to 25.2.2005. Therefore, the petitioner submitted a representation on 12.9.2005 seeking refund of proportionate lease amount or extension of leas...
A. Veeranarayana Vs. K. Bhadramma and ors.
Court: Andhra Pradesh
Decided on: Sep-27-2005
Reported in: 2006(1)ALD628; 2006(2)ALT373
ORDERP.S. Narayana, J.1. The present lis is between A. Veeranarayana and the heirs of Bramhaiah in relation to plaint schedule property. The said A. Veeranarayana is the appellant in both the appeals. The said party is the 3rd defendant in O.S. No. 2085/88 as originally instituted which was renumbered as O.S. No. 219/95 and the plaintiff in O.S.No. 955/82 as originally instituted, renumbered as O.S. No. 493/85 on the file of Additional Special Judge for SPE and ACB cases-cum-V Chief Judge, City Civil Court, Hyderabad. Common evidence was recorded and A. Veeranarayana was examined as P.W.I and K. Sivaram, one of the sons of Brahmaiah, 2nd defendant in O.S.No. 493/ 85, was examined as DW-1. Exs.A-1 to A-75 and Exs.B-1 to B-47 were marked. The suit O.S.No. 493/85 was instituted by the said A. Veeranarayana, hereinafter referred to as plaintiff against his sister and her sons, heirs of Bramhaiah, for declaration of title, recovery of possession etc., relating to H.No. 7-1-282/13, Scientifi...
Vijaya Diagnostic Centre and anr. Vs. Employees State Insurance Corpor ...
Court: Andhra Pradesh
Decided on: Sep-26-2005
Reported in: 2005(6)ALT813; (2006)IILLJ443AP
A. Gopal Reddy, J.1. Since a common issue viz., whether the Diagnostic Centres/Pathological Centres carry on 'manufacturing process' as defined under Section 2(k) of the Factories Act, 1948 and as such they fall within the meaning of 'factory' under Section 2(12) of the Employees' State Insurance Act, 1948 (for short 'the ESI Act'), in order to cover the employees employed therein under the Employees State Insurance Scheme, has arisen for consideration in both the appeals, they are heard together and are being disposed of through a common Judgment.2. The factual backdrop of the cases relevant for the purpose of disposing these appeals is stated thus:3. The appellants are purely diagnostic laboratories, established with a view to cater the diagnostic needs of the patients and are accordingly rendering the services like X-ray, examination of blood, urine, stools for medical diagnosis etc.4. While so, on 30-7-1997 and 31-7-1997, the E.S.I. Inspector visited the appellants-establishments a...
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