Andhra Pradesh Court December 2006 Judgments
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National Insurance Company Limited Vs. Boya Rodda Lingamma and ors.
Court: Andhra Pradesh
Decided on: Dec-05-2006
Reported in: 2007(3)ALD718
ORDERC.Y. Somayajulu, J.1. Respondents 1 to 3 filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (the Act) seeking compensation for the death of Rodda Narasimhaiah (the deceased) husband of the first respondent and father of respondents 2 and 3 alleging that the deceased died due to the rash and negligent driving of the driver of the tractor belonging to the fourth respondent and insured with the appellant. After contest the Tribunal passed an award for Rs. 57,000/- in favour of the first respondent only against the fourth respondent and the appellant. Contending that inasmuch as the driver of the offending vehicle was not having a valid driving licence, the Tribunal was in error in making it also liable to pay compensation to the first respondent, the insurer preferred this appeal.2. The evidence of R.W1, examined on behalf of the appellant, is that since the charge sheet shows that the driver of the offending vehicle was not having a valid licence there is a bre...
J. Saai Prasanna Vs. Medical Council of India and ors.
Court: Andhra Pradesh
Decided on: Dec-05-2006
Reported in: 2007(2)ALD8
ORDERG. Rohini, J.1. The petitioners in these three writ petitions are similarly situated and are aggrieved by the action of the Medical Council of India in not granting Provisional Registration Certificate to the petitioners under Section 25 of the Indian Medical Council Act, 1956. Hence, they are heard together and decided by this common order.2. The facts which are not in dispute are as under:The petitioners in W.P. No. 19238 and 19239 of 2006 passed Higher Secondary School Examination with Science group at Chennai. The petitioner in W.P. No. 24645 of 2006 passed Intermediate conducted by the Board of Intermediate Education, A.P., Hyderabad with Bi.P.C. (Biology, Physics and Chemistry) Group. Thereafter, they joined the MBBS Course in International Medical and Technological University (for short, 'IMTU'), Tanzania, established by the Vignan Educational Foundation, Bangalore by entering into a Memorandum of Understanding with the Government of Tanzania. Though IMTU functions at Tanza...
Addanki Ayyanna (Died) and ors. Vs. Kunchala Ankalamma
Court: Andhra Pradesh
Decided on: Dec-05-2006
Reported in: AIR2007AP192; 2007(3)ALD27
ORDERC.Y. Somayajulu, J.1. Respondent, under a transaction of a mortgage by conditional sale, put the revision petitioners in possession of the plaint schedule property and had later filed a suit for redemption of mortgage on the ground that the revision petitioners are evading to receive the payment due, in order to deprive her of the plaint schedule property. After contest that suit was decreed, and the suit filed by the mortgagees i.e., second revision petitioner and Ayyanna (first revision petitioner) i.e., father of revision petitioners 3 to 5, against the respondent and another for an injunction, was decreed till recovery of possession of the plaint schedule property in execution of the redemption of the decree passed in the suit filed for redemption.2. Alleging that he deposited the amount within the time granted, respondent filed an E.P. for recovery of possession of the plaint schedule property. That E.P. was resisted by the second revision petitioner and his brother Ayyanna i...
Kikkisetti Pandu Ranga Rao Vs. Boorla Naga Venkata Satyanarayana
Court: Andhra Pradesh
Decided on: Dec-05-2006
Reported in: 2007(4)ALD16
ORDERC.Y. Somayajulu, J.1. Revision petitioner obtained a money decree against respondent and filed an execution petition seeking arrest of the respondent inter alia contending that the respondent having sufficient means and capacity to pay the amount is evading to pay the amount covered by the decree. Respondent filed a counter inter alia contending that he has no means to pay the decree debt. In support of his case, the revision petitioner besides examining himself as P.W.1 examined another witness as P.W.2 and marked Exs.A.1 and A.2. In support of his case, the respondent examined himself as R.W.1 and marked Ex.B.1. By the order under revision, the executing Court held that the revision petitioner failed to establish that the respondent has sufficient means as on the date of decree or subsequent thereto and has been refusing or neglecting to pay the decree debt and dismissed the execution petition. Hence, this revision.2. The contention of the learned Counsel for revision petitioner...
United India Insurance Co. Ltd. Vs. C. Goverdhan and anr.
Court: Andhra Pradesh
Decided on: Dec-05-2006
Reported in: 2008ACJ1140; 2007(4)ALD665; 2007(5)ALT344
ORDERC.Y. Somayajulu, J.1. First respondent initially filed claim petition under Section 166 of Motor Vehicles Act 1988 showing the State Bank of India represented by its Branch Manager, Naidupet, appellant, S. Ravindranath, and another Branch Manager of the appellant as respondents, seeking compensation of Rs. 50,000/- alleging that due to the rash and negligent driving of the driver of the jeep in which he was travelling, that jeep dashed against a lorry belonging to Ravindranath which was insured with the appellant, at Palamaneru. Subsequently he added the second respondent as the owner of the jeep on the ground that he purchased the jeep from the State Bank of India before the date of accident.2. In support of his claim, first respondent examined himself as P.W. 1 and marked Exs. A1 to A4. State Bank of India, second respondent and Ravindranath chose to remain ex parte. On behalf of the appellant a counter was filed, inter alia contending that inasmuch as the first respondent was t...
A. Ayyanna (Died) and ors. Vs. Kunchala Ankalamma
Court: Andhra Pradesh
Decided on: Dec-05-2006
Reported in: 2007(4)ALT137
ORDERC.Y. Somayajulu, J.1. Respondent, under a transaction of a mortgage by conditional sale, put the revision petitioners in possession of the plaint schedule property and had later filed a suit for redemption of mortgage on the ground that the revision petitioners are evading to receive the payment due, in order to deprive her of the plaint schedule property. After contest that suit was decreed, and the suit filed by the mortgagees i.e. second revision petitioner and Ayyanna (first revision petitioner) i.e. father of revision petitioners 3 to 5, against the respondent and another for an injunction, was decreed till recovery of possession of the plaint schedule property in execution of the redemption of the decree passed in the suit filed for redemption.2. Alleging that he deposited the amount within the time granted, respondent filed an E.P. for recovery of possession of the plaint schedule property. That E.P. was resisted by the second revision petitioner and his brother Ayyanna i.e...
Thota Narasinga Rao Vs. the State of A.P., Rep. by District Collector ...
Court: Andhra Pradesh
Decided on: Dec-04-2006
Reported in: 2007(1)ALD500
ORDERV.V.S. Rao, J.1. The petitioner claims to be the owner of land admeasuring Acs.5.10 in survey Nos. 45/2 and 45/3 situated at Nerellavalasa village of Bheemunipatnam Mandal of Visakhapatnam District (subject land, for brevity). He is statedly continuously in possession for over fifty years. In 1995, the third respondent issued Pattadar Pass Book and Title Deed (PPB/TD), vide proceedings, dated 01.05.1995. He states that in July, 2006, he came to know that the PPB/TD issued in 1995 was ordered to be cancelled. On further enquiry, it was revealed to him that third respondent, by letter, dated 18.02.2006, submitted a report and recommended to the second respondent to cancel PPB/TD. As a sequence thereto, the second respondent entertained suo motu appeal purportedly under Sub-section (5) of A.P.Rights in Land and Pattadar Pass Books Act, 1971 (the Act, for brevity) and passed orders vide proceedings No. Ac.6/926/2006/C, dated 20.04.2006, cancelling PPB/TD issued to the petitioner in re...
Bandi Prasada Rao and anr. Vs. P. Hari Kesavulu
Court: Andhra Pradesh
Decided on: Dec-04-2006
Reported in: 2007(2)ALD490
ORDERL. Narasimha Reddy, J.1. These two civil revision petitions are filed by the judgment-debtors in E.P. No. 136 of 2006 in O.S. No. 497 of 1994, on the file of the learned I Additional Senior Civil Judge, Vijayawada. The suit was filed by the respondent, for the relief of declaration of title, recovery of possession and consequential injunction, in respect of the suit schedule property. The trial Court dismissed the suit on 20-9-1999. Aggrieved thereby, the respondent filed A.S. No. 2866 of 1999 before this Court. The appeal was allowed and the suit was decreed on 18-11-2005. L.P.A. No. 1 of 2006 filed against the judgment and decree in A.S. No. 2866 of 1999 was dismissed on 19-6-2006. The petitioners claim to have preferred an S.L.P. before the Hon'ble Supreme Court.2. The respondent filed the E.P. for execution of the decree. The petitioners filed an application, before the executing Court, for correction of the Door Number of the suit schedule property from '44-1-32' to '44-1-31/...
Petla Suryanarayana Murthy Vs. Singampali Appalanaidu and ors.
Court: Andhra Pradesh
Decided on: Dec-04-2006
Reported in: 2007(3)ALD757
L. Narasimha Reddy, J.1. The unsuccessful plaintiff in O.S. No. 1 5 of 1996, on the file of the Junior Civil Judge, Narsipatnam, filed the second appeal. He filed the suit for the relief of perpetual injunction, against the respondents, in respect of the suit schedule property. He pleaded that he entered into an agreement of sale, with the 1st respondent, on 27-3-1983, for purchase of the suit schedule property, for a consideration of Rs. 15,000/-, and he paid a sum of Rs. 5,100/- on the date of agreement. A further sum of Rs. 8,000/- is said to have been paid on 20-4-1983 and Rs. 1,000/- in June 1983. According to him, the possession of the property was delivered on the date of agreement itself. The 1st respondent was said to be under obligation, to arrange for execution of the sale deed, with the participation of the original owners, by name Macherla Seetharaatnam of Kakinada and Kadimisetti Saraswathi of Anakapalli. He alleged that notwithstanding his possession and enjoyment over t...
Bhagwandas Tiwari and anr. Vs. Narsimha Reddy S/O. Ram Reddy and the N ...
Court: Andhra Pradesh
Decided on: Dec-01-2006
Reported in: 2007(3)ALD141
C.Y. Somayajulu, J.1. Appellants filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (the Act) seeking compensation of Rs. 2,00,000/- for the death of their unmarried son Brij Gopal Tiwari (deceased) said to be aged 24 years earning about Rs. 5,000/- p.m. from business, alleging that when the deceased along with his friend was proceeding on a scooter, a lorry belonging to the first respondent and insured with the second respondent being driven in a rash and negligent manner came in the opposite direction of the scooter and dashed the scooter resulting in the death of the deceased.2. First respondent chose to remain ex parte.3. Second respondent filed its counter inter alia putting the appellants to proof of the averments in the petition.4. The claim petition filed by the appellants and another claim petition filed by the legal representatives of another victim were clubbed and common evidence was recorded. In support of the case of the appellants. The first appella...
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