Andhra Pradesh Court July 2006 Judgments
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Union of India (Uoi) Vs. V.M. Ranganadhan
Court: Andhra Pradesh
Decided on: Jul-25-2006
Reported in: II(2007)ACC666; 2007ACJ901; 2006(5)ALD812; 2006(5)ALT719
L. Narasimha Reddy, J. 1. The respondent filed O.A.A. No. 90 of 2004 before the Railway Claims Tribunal, Secunderabad, claiming compensation for the injuries received by him, while travelling from Chennai to Vadodara on 03.04.2004. The respondent is a Constable of Tamilnadu Police. He pleaded that on an official duty, he was travelling in the Navjeevan Express to Vadodara on 03.04.2004. According to him, he got down at Ongole Railway Station to fill water in a can and when he was about to board into the train, it suddenly started with a jerk and thereby, he slipped and fell down between the train and the platform. His left leg is said to have been crushed.2. The appellant disputed its liability, by stating that the respondent sustained a self-inflicted injury and his claim falls under the exceptions in Section 124A of the Railways Act (for short 'the Act'). Through its order, dated 23.03.2006, the Tribunal awarded a sum of Rs. 2,40,000/- as compensation. The same is challenged in this ...
Padala Kaniki Reddy Vs. Padala Sridevi
Court: Andhra Pradesh
Decided on: Jul-24-2006
Reported in: 2006(5)ALD322; 2006(5)ALT762
ORDERP.S. Narayana, J.1. Heard Sri A, Veem Swamy, the learned Counsel representing the revision petitioner and Sri Kunareddy Anji Reddy, the learned Counsel representing the respondent.2. This revision petition is filed as against an order dated 23-9-2005 made in LA. No. 944 of 2005 in O.P. No. 104 of 2001 on the file of the Senior Civil Judge, Tanuku. The revision petitioner is the husband of the respondent.3. This is a matrimonial dispute. For the purpose of convenience, the parties hereinafter would be referred to as wife and husband only.4. The wife filed O.P. No. 104 of 2001 on the file of the Senior Civil Judge, Tanuku praying for dissolution of marriage on the grounds of husband being of unsound mind and sexually impotent and also made several elaborate allegations. The husband, who is the respondent in the main O.P. denied those allegations. A specific stand was taken in Para 13 of the counter that she had some trouble in connection with her uterus even before the marriage and ...
United India Insurance Company Limited Rep. by Its Branch Manager Vs. ...
Court: Andhra Pradesh
Decided on: Jul-24-2006
Reported in: IV(2006)ACC610; 2007ACJ1085; 2006(5)ALD517; 2006(5)ALT406
L. Narasimha Reddy, J.1. This M.A.C.M.A. is filed by the insurer challenging the order, dated 31-12-1999, passed by the Motor Accidents Claims Tribunal, Ongole in OP. No. 365 of 1993.2. Respondents 1 to 3 filed the O.P. claiming a sum of Rs. 1,00,000/- as compensation on account of the death of late Ganapathi. It was pleaded that Ganapathi was resident of Vemavaram village and on 31-3-1993 he died in an accident involving a tractor bearing No. AAG 9980 owned by the fourth respondent and insured with the appellant. It was pleaded that the deceased was aged about 40 years at the time of accident and that he was earning a sum of Rs. 2,000/- per month out of agriculture. The O.P. was opposed by the appellant on several grounds.3. The owner of the vehicle died during pendency of the O.P. His legal representatives, respondents 5 and 6 herein, were brought on record. Through the order under appeal, the Tribunal awarded a sum of Rs. 1,00,000/- with interest at 12% per annum and apportioned the...
District Registrar and Collector Vs. Varun Vehicles (P) Ltd.
Court: Andhra Pradesh
Decided on: Jul-24-2006
Reported in: 2006(6)ALD825; 2007(1)ALT224
ORDERG. Bhavani Prasad, J.1. Civil Revision Petition Nos. 184 of 2005, 664 of 2005 and 677 of 2005 arise out of identical orders in C.M.A. Nos. 30 of 2002, 2 of 2001 and 1 of 2001, dated 26-4-2004 of the Principal Senior Civil Judge, Visakhapatnam.2. The Proceedings No. MV5/2730/ 2001, dated 6-2-2001 of the Commissioner and Inspector General of Registration and Stamps, Andhra Pradesh, Hyderabad were issued on the proposals of the District Registrar, Visakhapatnam, for rectifying anomalies of values pertaining to certain areas at Visakhapatnam and while enclosing the copy of the agreed list, the District Registrar, Visakhapatnam was directed to take steps for implementation of the revised values with effect from 9-2-2001. The revised values were also directed to be entered in the Guidelines Register with corresponding changes in the computer data also. The purchasers of properties in all the three cases adopted the value as per the basic Value Register, but the Joint Sub-Registrar made ...
Matam Sujatha Vs. Manager, Ramakashyap Chits (Andhra) Ltd. and ors.
Court: Andhra Pradesh
Decided on: Jul-21-2006
Reported in: 2006(5)ALD357; 2006(6)ALT12
ORDERL. Narasimha Reddy, J.1. The decree holder in E.P. No. 164 of 2003 in O.S. No. 27 of 2003 on the file of the learned Senior Civil Judge, Miryalaguda, Nalgonda District, filed this civil revision petition, aggrieved by the order, dated 5-10-2005.2. The petitioner filed the suit against the respondents herein, for the relief of recovery of a sum of Rs. 4,78,188/-. She also filed I.A. No. 147 of 2003 under Order 38 Rule 5 C.P.C. for attachment of certain amount, lying with the District Registrar of Chits. The LA. was ordered on 27-2-2003. The suit was ultimately decreed on 8-9-2003. Since the decree was not complied with by the judgment-debtors, she filed E.P. No. 164 of 2003. The petitioner invoked Rules 46 and 52 of Order 21 C.P.C, with a prayer to call for the amount attached, through the order in LA. No. 147 of 2003. The respondents did not oppose the application. However, the executing Court dismissed the E.P., on the basis of a letter, dated 23-7-2004, said to have been address...
United India Insurance Company Ltd. Vs. Pappeleti Orasanna Rani (Died) ...
Court: Andhra Pradesh
Decided on: Jul-21-2006
Reported in: 2008ACJ811; 2006(6)ALD119
ORDERL. Narasimha Reddy, J. 1. These two appeals are directed against the order, dated 19.08.2002, passed by the Motor Accident Claims Tribunal-cum-District Judge, Kadapa in M.V.O.P. No. 470 of 2000. While the insurer is the appellant in M.A.C.M.A. No. 3870 of 2003, the owner of the vehicle is the appellant in M.A.C.M.A. No. 141 of 2006.2. For the sake of convenience, the parties herein are referred to as they are arrayed in M.A.C.M.A. No. 3870 of 2003. 3. The first respondent, who is since dead and represented by her parents- respondents 3 and 4, suffered injuries in an accident on 17.08.1999. When she was proceeding from Padmasri Book Stall at Rajampet, a lorry bearing No. AP 09- U-291, is said to have dashed her from behind, resulting in several injuries. She filed O.P. No. 470 of 2000, claiming a sum of Rs. 3,00,000/- as compensation. It was pleaded that the accident occurred, only on account of the rash and negligent driving on the part of the driver of the lorry. The owner of the...
C.S. Madhusudhan S/O C. Nagaraja Vs. B. Eswaramma W/O Narsing Rao and ...
Court: Andhra Pradesh
Decided on: Jul-21-2006
Reported in: II(2007)BC634; 2006CriLJ4569
B. Seshasayana Reddy, J. 1. This criminal appeal is directed against the judgment dated 8-2-1999 passed in criminal appeal No. 82 of 1998 on the file of the III Additional Metropolitan Sessions Judge, Hyderabad, whereby and where under the learned III Additional Metropolitan Sessions Judge, Hyderabad set-aside the conviction and sentence of accused B. Eshwaramma for the offence under Section 138 of Negotiable Instruments Act passed in C.C. No. 190 of 1995 on the file of VI Metropolitan Magistrate, Hyderabad.2. The facts of the case in brief giving rise to filing of this criminal appeal by complainant- C.S. Madhusudhan are:The respondent-accused allegedly has taken a hand loan of Rs. 75,000/- from the complainant for the purpose of her son's business and in discharge of which, she issued a cheque - Ex.P.1 dated 30-4-1995 drawn on Bank of Baroda, Barkathpura branch. On the presentation of the such cheque, it came to be dishonoured for want of sufficient funds. Thereupon the appellant- co...
Deputy Commissioner of Prohibition and Excise and ors. Vs. Chindura Mu ...
Court: Andhra Pradesh
Decided on: Jul-21-2006
Reported in: 2006(5)ALD769; 2006(5)ALT739; 2007CriLJ80
G.S. Singhvi, C.J. 1. Whether 60.11 quintals of black jagerry belonging to the respondent M/s. Chidura Muthaih and Company could be confiscated by Deputy Commissioner, Prohibition and Excise, Karimnagar (for short 'the Deputy Commissioner') by invoking the provisions of Sections 45 and 46 of Andhra Pradesh Excise Act, 1968 (for short 'the 1968 Act') is the question which arises for determination in this appeal filed under Clause 15 of the Letters Patent for setting aside order dated 7-12-2005 passed by the learned Single Judge in Writ Petition No. 16379 of 2005 whereby she quashed the confiscation of black jaggery.The Facts:2. The respondent is engaged in the business of agricultural products like paddy, maize, jaggery etc. It is said to have sold 60.11 quintals of jaggery on credit to Laxmi Kirana Merchants, Kataram, Karimnagar District. The jaggery was transported in a hired Eicher van bearing Registration No. AP-25T-8212. The vehicle was seized by the Station House Officer, Prohibit...
Surina Durvasulu (Died) by Lrs. Vs. Bhava Narayana Murthy and ors.
Court: Andhra Pradesh
Decided on: Jul-21-2006
Reported in: II(2007)ACC823; 2008ACJ654; 2007(2)ALD277
ORDERC.Y. Somayajulu, J.1. Surina Dui-vasulu (claimant) filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (the Act), seeking compensation of Rs. 1,00,000/- for the death of his wife Latchumamma (the deceased) as a result of the rash and negligent driving of the first respondent while driving the tractor belonging to the second respondent which is insured with the third respondent.2. The claimant died during the pendency of the claim petition. When Appellants 2 and 3, who are his parents, wanted to come on record as his legal representatives and prosecute the claim petition, respondents opposed that application on the ground that the cause of action did not survive. Observing that the question whether the cause of action survives or not would be decided at the time of disposal of the claim petition, the Tribunal permitted Appellants 2 and 3 to come on record and prosecute the claim proceedings initiated by the claimant.3. Respondents 1 and 2 filed their counter de...
Yellamma and ors. Vs. State of A.P. and anr.
Court: Andhra Pradesh
Decided on: Jul-20-2006
Reported in: 2006(5)ALD265; 2006(6)ALT202
ORDERV.V.S. Rao, J.1. The petitioners are legal heirs of the assignees of agricultural land in Survey No. 182 situated at Doolapally Village of Qutbullapur Mandal, Ranga Reddy District. They allege that the land admeasuring about Acs.2.00 each was assigned to the predecessors in title of the petitioners for the purpose of agriculture, and after the demise of their predecessors, the petitioners allegedly succeeded to the property and cultivating the same. The second respondent initiated action under the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for short 'the Act'), and passed orders in proceedings dated 21.10.1998, resuming the land on the ground that the assignees alienated the land in contravention of Section 3(2) of the Act. Aggrieved by the same, the petitioners filed a writ petition, being W.P. No. 11154 of 1999. The learned Single Judge dismissed the same on 14.6.1999. The petitioners then filed a writ appeal, being W.A. No. 1780 of 199...
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