Andhra Pradesh Court November 2006 Judgments

Vijaya Oil Company, Rep. by Its Partner V.R.K.V. Prasad Vs. Vijayawada ...

Court: Andhra Pradesh

Reported in: 2007(1)ALD628; 2007(1)ALT398

ORDERP.S. Narayana, J.1. Vijaya Oil Company, Guntur is the writ petitioner in both these Writ Petitions. 2. W.P. No. 34076/97 is filed praying for issuance of an appropriate Writ, Order or direction, especially one in the nature of Writ of Mandamus declaring the impugned proceedings of the 1st respondent in Rc. No. E1/381/97 dated 20-11-1997 and the consequential proceedings of the 2nd respondent in Roc. No. 6847/97/G1 dated 28-11 -1997 as illegal, arbitrary, unjust, without jurisdiction, mala fide, opposed to principles of hatural justice and null and void and to pass such other suitable orders.3. Vijayawada, Guntur, Tenali Urban Development Authority, Vijayawada, Municipal Corporation, Guntur and M/s. Hindustan Petrolium Corporation Limited, Secunderabad, were originally shown as respondents. G.Saraswathi, a neighbour, filed an application to implead herself as a party in WPMP. No. 3173/98 and by order dated 1 -7-98 she was impleaded as 4th respondent.4. R-2 and R.3 filed counter aff...

Shaik Babumiya and ors. Vs. General Manager, Apsrtc

Court: Andhra Pradesh

Reported in: 2007(2)ALD680

ORDERC.Y. Somayajulu, J.1. Appellants who are the husband and children of Smt. Khaja Bee (the deceased) filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (the Act), seeking compensation of Rs. 80,000/- alleging that the deceased died due to an accident caused by the rash and negligent driving of the bus belonging to the respondent. Respondent contested the petition inter alia on the ground that the deceased herself was responsible for the accident. In support of their case, appellants examined the first appellant as PW 1 and another witness as PW 2 and marked Exs. A1 to A6. No evidence either oral or documentary was adduced on behalf of the respondents. It should be stated that the appellants also filed a claim petition under Section 140 of the Act seeking compensation under no fault liability. The Tribunal clubbed both the claim petitions and recorded a finding that inasmuch as there is no evidence on record to show that the deceased died as a result of the inju...

New India Assurance Co. Ltd. Vs. Naidu Krupa Rao and ors.

Court: Andhra Pradesh

Reported in: 2007(2)ALD725

L. Narasimha Reddy, J.1. M.V.O.P. No. 444 of 1997 was filed before the Motor Accidents Claims Tribunal-cum-District and Sessions Judge, Prakasam District, at Ongole, in the name of respondents 1 and 2, claiming compensation, on account of the death of one Naidu Raghava. It was pleaded that Raghava died in an accident, involving vehicle bearing No. AP 7/U 4478, owned by the 3rd respondent and insured with the petitioner. The matter was referred to Lok Adalat, and through an award dated 27-12-1997, a sum of Rs. 79,000/- was awarded in favour of respondents 1 and 2. Half of the amount was permitted to be withdrawn, and the balance was directed to be kept in a fixed deposit.2. The petitioner came to know, that the 1st respondent filed a complaint before the Police Station, Maddipadu, stating that a writer of that police station, by name, Kola Masthan, (P.C. 536) played fraud upon himself and the 2nd respondent, and presented a claim petition, in respect of a beggar, by name, Raghava, who d...

Apsrtc Vs. B. Yadagiri

Court: Andhra Pradesh

Reported in: 2007(2)ALD732

ORDERC.Y. Somayajulu, J.1. Respondent filed a claim petition under Section 166 of the Motor Vehicles Act 1988 (the Act), alleging that when he was proceeding in his auto rickshaw as a driver, a bus belonging to the appellant being driven in a rash and negligent manner dashed against his auto resulting in grievous injuries and consequent permanent disability to him and so he is entitled to Rs. 2,00,000/- as compensation. Appellant filed its counter inter alia contending that the accident occurred due to the negligence of the respondent himself while driving the auto in a recklessness manner and so he is not entitled to any compensation. In support of his case, the respondent examined himself as PW. 1 and another witness as PW. 2 and marked Exs. A1 to A9. No evidence either oral or documentary was adduced on behalf of the appellant. On the ground that the appellant failed to examine any witness on its behalf though the respondent adduced prima facie evidence to show that the accident occ...

Lt Security Officer, Naval Armament Depot, Govt. of India, Ministry of ...

Court: Andhra Pradesh

Reported in: 2007ACJ2368; 2007(3)ALD54; 2007(2)ALT545

ORDERC.Y. Somayajulu, J.1. First respondent filed a claim petition under Motor Vehicles Act, 1988 (the Act) seeking compensation of Rs. 3,00,000/- from the appellant and his driver alleging that he received grievous injuries due to an accident caused by the vehicle belonging to the appellant on 12-12-1990 at about 1.15 p.m. when he was going along with his brother on a scooter.2. The driver of the vehicle belonging to the appellant chose to remain ex-parte.3. Appellant filed its counter inter alia contending that the accident did not occur due to the negligence of its driver and that the compensation claimed is highly excessive.4. In support of his case, the respondent examined himself as P.W.1 and another witness as P.W. 2 and marked Exs. A-1 to A-13 and Ex.X-1. No evidence either oral or documentary was adduced on behalf of the appellant or its driver.5. The Tribunal held that the accident occurred due to the rash and negligent driving of the driver of the appellant and awarded Rs. 1...

Life Insurance Corporation of India, Rep. by Its Senior Divisional Man ...

Court: Andhra Pradesh

Reported in: 2007(2)ALD407

ORDERP.S. Narayana, J.1. This Court issued rule nisi on 23.10.2006. The matter is coming up under the caption of interlocutory.2. It is stated that counter affidavit was already filed. Learned Counsel on record made a request to dispose of the writ petition finally.3. The writ petition is filed with a prayer as follows:.to issue a writ, order or direction one in the nature of writ of mandamus declaring the action of the respondents in attempting to acquire the land to an extent of 1210 Sq. yards (25 cents) situated in Sy. No. 108(p) and 109(p) of Nagarajupalli (V) by demolishing the compound wall and a part of the building existing therein without following the procedure contemplated under the provisions of the Hyderabad Municipal Corporation Act, 1955 as arbitrary and illegal and consequently direct the respondents not to acquire the said land and not to demolish the compound wall and a part of the existing building of the petitioner till the 2nd respondent allots suitable land to the...

Handi Instant Foods Vs. State of A.P.

Court: Andhra Pradesh

Reported in: 2007CriLJ1112

G. Yethirajulu, J.1. This Criminal Petition has been filed under Section 482 of Cr.P.C. to quash the proceedings in C.C. No. 150 of 2003 on the file of the Judicial Magistrate of First Class, Piler, Chittoor District.2. The Food Inspector inspected the shop of A 1 and purchased Gulab Jamun Mix sealed packets, which were kept for sale for human consumption. The samples were sent to Public: Analyst and the Analyst, after testing the sample, sent a report opinion that the same is adulterated. After obtaining consent of the Director of Food and Health, Hyderabad, the complaint was filed against the accused including the manufacturer of the Gulab Jamun Mix packets. A notice under Section 13(2) of the Prevention of Food Adulteration Act, 1954 (for short 'the Act') has been issued to the vendor and the manufacturer. After launching of the prosecution, the manufacturer filed the present Criminal Petition to quash the proceedings under Section 482 of Cr.P.C. on the ground that there was abnorma...

thejo Engineering Services (P) Ltd. Vs. Commercial Tax Officer and ors ...

Court: Andhra Pradesh

Reported in: (2009)20VST737(AP)

ORDERG.S. Singhvi, C.J.1. Having failed to persuade Joint Commissioner (CT), Legal, Hyderabad (respondent No. 3) to entertain its prayer for stay of the demand of tax, the petitioner has invoked the jurisdiction of this Court under Article 226 of the Constitution of India.2 The petitioner is a private limited company. It is engaged in the manufacture and sale of rubber products and adhesives. It has manufacturing units at Gudur in Andhra Pradesh and at Ponneri and Athipetti in Tamil Nadu. For assessment year 2001-02, the petitioner claimed exemption under Section 6A of the Central Sales Tax Act, 1956 (for short, the Central Act') to the tune of Rs. 2,08,93,930 by asserting that it had transferred the stock of rubber products and adhesives manufactured in the regular course of business to its branches outside the State for being used in the execution of work contracts and the branches had also effected intra-State sales of a portion of the rubber products and adhesives received by way o...

Vinod Sanghi and Others Vs. Hyderabad Silver Hawk and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Mrs. M. Shreesha, Member: 1. Complainants are the appellants. Aggrieved by the order of the District Consumer Disputes Redressal Forum-II, Hyderabad, dated 28.2.2005 in C.D. No. 614/2002, the present appeal has been filed under Section 15 of the Consumer Protection Act, 1986. The factual matrix leading to the filing of this appeal are briefly set out as hereunder : The complainants booked a pleasure trip with the first opposite party for the different destinations like Srilanka, Kuala Lampur, Singapore, Bangkok. The first opposite party has arranged the booking of tickets through the second opposite party and issued OK status on 8.12.2001 for the IC flight and the second opposite party agreed to provide vegetarian Jain food in the flight, but the second opposite party did not hand over the tickets on the 7th December, 20001 and the complainants could not board the flight leaving to Chennai at 6.15 a.m. and the complainants boarded the flight IC 979 at 9.00 a.m. and from Chennai to Colo...

Haseena Sulthana and ors. Vs. National thermal Power Corporation Limit ...

Court: Andhra Pradesh

Reported in: 2007ACJ1832; 2007(1)ALD1; 2006(6)ALT504

G. Chandraiah, J.1. Heard both the counsel2. Aggrieved by the order and decree dated 17.4.1999 passed by the Court of Motor Vehicle Accidents Claims Tribunal, Karimnaqar in O.P. No. 381/1996, the claimants filed the appeal.3. The case of the claimants in brief is that on 18.11.1994 at about 4 a.m., when the deceased was driving the ambulance beat-inn No. AP-15-A-1279 and when it reached NTPC hospital, due to right wheel burst, the vehicle hit against a tree and as a result the deceased died on the spot. The police concerned have registered a case in Cr. No. 96/94 under Section 174 of Cr.P.C. Claiming that the deceased was aged 42 years as on the date of the accident and that he was drawing a monthly salary of Rs. 5,664/- as driver in NTPC Ramagundam, the claimants who are his wife and children, filed claim petition under Section 163A of the Motor Vehicles Act, 1988 (for short 'the Act') claiming compensation of Rs. 6,43,368/- with interest at the rate of 18 per cent per annum.4. The ow...