Andhra Pradesh Court August 2006 Judgments
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Union of India (Uoi) Vs. Bhanotu Raji and ors.
Court: Andhra Pradesh
Decided on: Aug-31-2006
Reported in: 2006(6)ALD109
L. Narasimha Reddy, J.1. The 1st respondent is the wife of late Bhanotu Lakpati and respondents 2 to 5 are said to be their children. They filed OAA No. 279 of 2001, before the Secunderabad Bench of Railway Claims Tribunal, alleging that Lakpati, along with another person, by name G. Ramulu and others, was working as labourer at Vijayawada, and that on 21-7-2001, he travelled by a train to his native place, Mahaboobabad. It was stated that he has fallen from the train at the A-cabin of Mahaboobabad Railway Station, sustained injuries and died in the hospital, while undergoing treatment. The ticket was said to have been lost in the untoward incident. They claimed a sum of Rs. 4,00,000/- as compensation. The appellant opposed the application, disputing the contents of the claim petition. It was alleged that Train No. 170, in which the deceased was said to have travelled was not in operation or existence on 21-7-2001. It was also pleaded that the deceased was not a bona fide passenger. Th...
A.R.K. Murthy Vs. Senior Divisional Engineer, South S.C. Railway and o ...
Court: Andhra Pradesh
Decided on: Aug-31-2006
Reported in: 2006(6)ALT37
ORDERGoda Raghuram, J.1. This application filed seeks appointment of an Arbitrator for settlement of the claims and disputes between the parties herein with regard to the amounts claimed as due and payable by the respondents to the petitioner in respect of an agreement NO.53/DEN/S/BG/ SC dated 3-10-1990.2. The petitioner asserts that the 1st respondent issued atender notice forthe work-Warangal-Water Supply Bulk Water Drawal from Warangal Municipality and provision of overhead tank and pipelines. The petitioner was one of the bidders in the tender. His bid was accepted and he was awarded the work. The work could not be completed within the time stipulated and the petitioner's request for extension of time was also accorded.3. During the currency of the work, the petitioner asserts, the capacity of the overhead tank was raised from 20,000 gallons to 33,000 gallons. The petitioner executed this increased quantum of work. Thepetitioner asserts that the scope of the work was enhanced in ex...
National Insurance Company Ltd. Vs. Mittapalli Sundaramma and ors.
Court: Andhra Pradesh
Decided on: Aug-31-2006
Reported in: 2007ACJ1493; 2006(6)ALD106
L. Narasimha Reddy, J.1. The correctness of the order, dated 14-10-2005, passed in O.P. No. 987 of 2002 by the Motor Accidents Claims Tribunal-cum-District Judge, Adilabad, is assailed in both the appeals.2. While C.M.A. (SR) No. 10283 of 2006 is filed by the insurer, the other is filed by the claimants.3. For the sake of convenience, the parties herein are referred to as arrayed in the O.P.4. The claimants filed the O.P., stating that Mittapalli Yerraiah, the husband of the 1st claimant and father of claimants 2 to 7, was coming from Talamadugu to Adilabad, in a jeep bearing No. AP.1.T.5694, owned by the 1st respondent and insured with the 2nd respondent and that due to rash and negligent driving of vehicle, it turned turtle. Yerraiah is said to have received injuries to various parts of the body and that he was shifted initially to Government Hospital, Adilabad and thereafter, to Nagpur. He said to have died while undergoing treatment. It was alleged that the deceased was aged 48 yea...
Agros Voluntary Retired Employees Association Vs. Managing Director, A ...
Court: Andhra Pradesh
Decided on: Aug-31-2006
Reported in: 2006(6)ALD269; 2007(1)ALT103
ORDERGopala Krishna Tamada, J.1. The petitioner is an association of the voluntary retired employees of Agro Industries Development Corporation Limited. It filed this writ petition seeking a mandamus declaring the action of the respondent in not extending the benefit under G.O.(P).No. 204 dated 12-12-1997 for enhancement of Dearness Allowance arrears with effect from 1-7-1997 to its members as illegal, unjustified and consequently direct the respondent-Corporation to pay the Dearness Allowance to the members of the petitioner association from 1-7-1997 to 31-12-1997 with all consequential benefits and interest, in accordance with the Board Resolution No. 3025, dated 5-9-1997.2. The case of the petitioner, in nutshell, is as follows. The members of the petitioner association worked in the respondent-Corporation in various capacities. While they were in service, they were the members of the Andhra Pradesh State Agro Industries Corporation Employees Union. According to them, the respondent...
Jayarama Finance and Leasing (P) Ltd. Vs. Bobba Nageswara Rao and anr.
Court: Andhra Pradesh
Decided on: Aug-31-2006
Reported in: III(2007)BC348
B. Seshasayana Reddy, J.1. This criminal appeal is directed against the judgment dated 24.9.1999 passed in C.C. No. 194 of 1997 on the file of the VI Metropolitan Magistrate for Railways, Visakhapatnam, whereby and whereunder the learned Magistrate found accused B. Nageswara Rao not guilty of the offence under Section 138 of the Negotiable Instruments Act, 1881 (in short, 'the Act') and acquitted him accordingly under Section 255(1), Cr.P.C.2. Background facts of the case leading to filing of this appeal are: The appellant is the complainant whereas the 1st respondent is the accused in C.C. No. 194 of 1997. It is the case of the appellant complainant that the 1st respondent-accused availed a loan of Rs. 30,000/- and executed a promissory note on 9.4.1993 agreeing to repay the same in 12 monthly instalments at the rate of Rs. 2,875/-. The 1st respondent-accused paid Rs. 4,875/- on 18.8.1994 and issued a cheque dated 22.3.1995 for Rs. 23.875/- drawn on the Vysaya Bank Limited, Suryabagh ...
Chanda Bhupataiah Vs. Agency Divisional Officer and anr.
Court: Andhra Pradesh
Decided on: Aug-30-2006
Reported in: 2006(6)ALD423; 2006(5)ALT813
ORDERP.S. Narayana, J.1. The matter is coming up for admission today. Sri Prabhakar Rao had taken notice on behalf of Rule 1 and made certain submissions. Sri P.V. Ramana, who had lodged Caveat on behalf of 2nd respondent, made certain submissions.2. Sri Rajmalla Reddy, the learned Counsel representing the writ petitioner would submit that the impugned order made by the 1S| respondent in Rc. No. D/1885/06 keeping the result sheet dated 18-8-2006 in abeyance while posting the main election petition on 31-8-2006 is arbitrary, unreasonable and contrary to the provisions of the A.P. Panchayat Raj Act, 1994. The learned Counsel would submit that when the election petition is pending, an elected candidate cannot be restrained by virtue of such an order from assuming office. The learned Counsel also would submit that by making such interim orders, the concerned Election Tribunal -Agency Divisional Officer had deprived the elected candidate to act as Sarpanch and virtually by virtue of this or...
Revenue Divisional Officer Vs. Registrar, Special Court Under the A.P. ...
Court: Andhra Pradesh
Decided on: Aug-30-2006
Reported in: 2006(6)ALT464
ORDERT. Ch. Surya Rao, J.1. Writ Petition No. 22402 of 1998 has been filed seeking a Writ of Mandamus for declaring the order dated 15.07.1998 passed by the Special Court under the A.P. Land Grabbing (Prohibition) Act (for short, 'the Act') in I.A. No. 2259 of 1995 in LG.C. No. 28 of 1993, as unjust.2. W.P. No. 23874 of 1998 has been filed for a Writ of Mandamus, declaring the action of the respondents in proposing to acquire an extent of 1777 square yards of land by issuing necessary notification, dated 01.07.1997, under Section 4(1) of the Act, as arbitrary, illegal and contrary to the provisions of the Act.3. The facts lie in a narrow compass: The land in dispute measuring 1777 square yards, comprises of plot Nos. 5, 5A, 6 and 6A, is situate at Bakaram Village, Musheerabad. The petitioners in W.P. No. 23874 of 1998 are owners thereof in equal moieties having purchased the same for constructing residential houses. They got a compound wall constructed in the year 1984, all around the ...
Koki Prabhakara Reddy and Etc. Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Aug-30-2006
Reported in: 2007CriLJ263
A. Gopal Reddy, J.1. These three appeals are filed against the common judgment and order dated 22-6-2004 passed by the Special Sessions Judge, Gunter (under Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989). In all, three persons namely, Anchipogula Samsonu - Al ; Koki Prabhakara Reddy-A2; and Thurumella Jagadeesh -A3 were tried for the offence punishable under Section 376(g) IPC or alternative of the offence under Section 3(2)(v) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, (for short 'the Act') and for the offence under Sections 302 and 201 IPC. Additionally A1 and A2 were charged for the offence punishable under Section 379 IPC.2. Accused Nos. 1 to 3 were found guilty for the offence under Sections 376(g), 302 r/w 34 and 201 IPC. A2 was further found guilty for the offence under Section 3(2)(v) of the Act; further A1 and A2 were found guilty for the offence under Section 379 IPC. Accordingly, A1 to A3 were sentenced to undergo ...
Krishnaiah and ors. Vs. Principal Secretary to the Govt. of A.P., Reve ...
Court: Andhra Pradesh
Decided on: Aug-30-2006
Reported in: 2008(3)ALT403
ORDERN.V. Ramana, J.1. The petitioners who are working in Tirumala Tirupati Devasthanama (TTD) as Head Vigilance Guards and Jamedars, have filed this writ petition praying for the following relief:To issue a wit of mandamus directing respondent No. 1 to implement the recommendations made vide Roc. TL5/3933 = 58/94, dated 18-2-1997 by respondent No. 2 and make necessary to T.T.D. Service Rules by including the post of Security Inspector in accordance with the method of recruitment and qualifications as suggested and recommended. 2. The petitioners state that on the representation made by them to the 2nd respondent, namely the Executive Officer that since they have been working as Head Vigilance Guards and Jamedars for the last more than 15 years, they should be given promotion as Security Inspectors, the 2nd respondent placed the matter before the Board of Trustees of TTD, who passed a resolution on 10-9-1995 approving the proposal for conversion of three posts of Vigilance and Security...
Sri Harsha Constructions Vs. Commercial Tax Officer and anr.
Court: Andhra Pradesh
Decided on: Aug-30-2006
Reported in: (2007)7VST662(AP)
ORDERJ. Chelameswar, J.1. The petitioner is a partnership firm engaged in the business of works contract. The petitioner undertakes such contracts either directly from the contractee or in some cases from a contractor in whose favour contract is already awarded, as a sub-contractor. The petitioner is also a dealer within the meaning of Section 2(e) of the Andhra Pradesh General Sales Tax Act, 1957 (for brevity, 'the Act') and is liable to pay tax under the Act, by virtue of Section 5F of the Act, insofar as the value of goods utilised in the execution of the said works contract. Under Section 5-H(1) of the Act, the bodies enumerated therein, the Central Government or the State Government, etc., are obligated to deduct from out of the amount payable by such bodies to a dealer, in respect of the works contract executed for such bodies, such amount, as may be prescribed. Under subsection (2), the tax amount so deducted, is required to be remitted to the State Government. Under Sub-section...
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