Andhra Pradesh Court September 2007 Judgments
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Baker Ali Vs. Regional Manager, Apsrtc and ors.
Court: Andhra Pradesh
Decided on: Sep-12-2007
Reported in: 2008(2)ALD832
ORDERC.V. Nagarjuna Reddy, J.1. This writ petition is filed for a writ of mandamus to set aside the order of respondent No. 1 to the extent he imposed the punishment of postponing the petitioner's annual increments for a period of two years having effect on future increments, while modifying the order passed by respondent No. 3 and confirmed by respondent No. 2. By the impugned proceedings, respondent No. 1 also treated the interregnum period between the date of removal from service and the date of reinstatement as 'not on duty' and denying the petitioner backwages for the said period.2. The petitioner, who is a driver of the Andhra Pradesh State Road Transport Corporation (for short 'the Corporation'), was entrusted with the duty of driving the bus bearing No. AP 9Z 1718 between the route Kamareddy and Karimnagar on 29.5.1992 (wrongly typed as 1995 in Para 3 of the affidavit). While driving, a cyclist was hit by the vehicle resulting in his instantaneous death. This incident led to fr...
M. Sreeramulu Vs. P. Mohammed HussaIn and anr.
Court: Andhra Pradesh
Decided on: Sep-12-2007
Reported in: 2008(2)ALD855
P.S. Narayana, J.1. These two second appeals are being disposed of by a Common Judgment.2. On 30.10.1998, these two second appeals are admitted on the strength of the substantial questions of law raised in Ground No. 3 of the Memorandum of Grounds in the respective second appeals. The said substantial questions of law shown in Ground Nos. 3(a) and (b) are as hereunder:(a) Whether the plaintiff can file the suit against the 1st defendant without the leave of the trial Court as contemplated under Section 91 of the Code of Civil Procedure as the only allegation of the plaintiff in the suit is the 1st defendant is attempting to construct a compound wall at the other end of the 30' wide public road abutting to his house by encroaching upon it, which amounts to a public nuisance and in no way a private grievance?(b) Whether the observation of the learned appellate Judge in Paragraph 11 of his judgment to the effect that the counter-claim filed by the 1st defendant can be made only in a money...
Jasti Subba Rao S/O. Venkataramaiah Vs. Lakshmi General Finance Limite ...
Court: Andhra Pradesh
Decided on: Sep-11-2007
Reported in: 2008(1)ALD309; 2007(6)ALT638
ORDERV. Eswaraiah, J.The Civil Revision Petition is directed against the order dated 6-7-2006 in E.P. No.96 of 2004 on the file of the I-Additional Senior Civil Judge, Vijayawada in Arbitration Case No. 30 of 2001.1. The petitioner is the Second respondent in the Award dated 12- 6-2001 passed by the Sole Arbitrator at Chennai in Arbitration Case No. 30 of 2001 under the Arbitration and Conciliation Act, 1996. The first respondent herein is the claimant in the said Arbitration Case. The Arbitrator passed the award directing the respondents therein namely (1) Mrs. D. Sandhya Rani, (2) Mr. Jasti Suba Rao and (3) Mr. Kolli Venkateswara Rao, to pay the claimant/first respondent herein a sum of Rs. 74,309/- with future interest at 18% per annum from 18-8-1999 till the date of full realization and costs of arbitration proceedings of Rs. 7,200/-. As the respondents in the Arbitration Case failed to pay the award amount, the Decree holder/first respondent herein filed E.P.No.161 of 2003 in the ...
S and S Associates Rep. by Its Ceo and ors. Vs. Government of Andhra P ...
Court: Andhra Pradesh
Decided on: Sep-11-2007
Reported in: 2007(5)ALT686
L. Narasimha Reddy, J.1. The petitioners, 6 in number, are partnership firms, represented by the same Chief Executive Officer, Sri Virendra Giri. The 3rd respondent is a Cooperative Urban Bank Limited, registered under the A.P. Cooperative Societies Act, 1964 (for short 'the Act'). The petitioners obtained individual loans from the 3rd respondent-Bank. As a security for repayment, title deeds, in respect of different items of immovable properties, were deposited with the 3rd respondent. Since repayment schedule was not adhered to, by the petitioners, the 3rd respondent initiated proceedings under Section 61 of the Act, by filing A.R.C. Nos. 38460 of 2002 and batch. Recovery certificates were issued in favour of the 3rd respondent. Almost at the same point of time, the 3rd respondent-Bank was categorized by the Reserve Bank of India, as a weak institution. It was placed under a rehabilitation scheme framed on 10-01-2002, and directions were issued under Section 35-A of the Banking Regul...
The National Insurance Company Limited Rep. by Its Divisional Manager ...
Court: Andhra Pradesh
Decided on: Sep-11-2007
Reported in: 2008ACJ1473; 2008(1)ALD280; 2007(6)ALT370
T. Ch. Surya Rao, J.1. The instant appeal is directed against the judgment dated 06-12-2004 passed by the learned Motor Vehicles Accidents Claims Tribunal, Medak at Sangareddy in O.P. No. 348 of 2001. The second respondent-insurance company is the appellant. The claimants are the respondents 1 to 3 herein and the fourth respondent herein is the owner of the vehicle, which involved in the accident.2. The claim was preferred for compensation of Rs. 2,00,000/- for the death of one, Mashetty Sangaiah, who was traveling in the offending vehicle, which is a DCM van bearing No. AP 9T 7643 on 08-04-1998, so as to go to Kandi village on the national highway No. 9 and at about 6.00 PM on account of rash and negligent driving of the vehicle by its driver, who lost control over the van, the van turned turtle. Consequently, the deceased sustained injuries and eventually succumbed to the injuries, while undergoing treatment in the Gandhi Hospital, Secunderabad.3. A case in crime No. 34 of 1998 was r...
Tadi Satyanarayana S/O Hanumaiah Vs. Maddu Malla Rao S/O Venkateswarlu ...
Court: Andhra Pradesh
Decided on: Sep-11-2007
Reported in: 2008ACJ1779; 2008(1)ALD42; 2007(6)ALT559; [2008(116)FLR605]
T. Ch. Surya Rao, J.1. The instant appeal is directed against the order dated 03.09.1999 passed by the learned Commissioner for Workmen's Compensation and Assistant Commissioner of Labour-I Circle, Guntur, in W.C. Case No. 335 of 1996. The unsuccessful applicant is the appellant. He preferred the claim before the Commissioner under the Workmen's Compensation Act (for brevity 'the Act') for an amount of Rs. 2 lakhs as compensation for the injuries sustained by him arising out of an accident during the course of his employment. According to him, he was working as Driver of the Zeep bearing No. AP-5T/6073, the original owner of which was the first respondent (Opposite Party No. 1) who transferred the Zeep on the same day of his purchase in favour of the second respondent (Opposite Party No. 2). The applicant had been working as Driver under Opposite Party No. 2 since four months preceding the date of accident. On 02.06.1996 while he was driving the Zeep with passengers and a dead body fro...
Syngenta Crop Protection Pvt. Limited Rep. by Its Commercial Manager a ...
Court: Andhra Pradesh
Decided on: Sep-11-2007
Reported in: 2007(6)ALD683; 2007(6)ALT1; 2007CriLJ4773
L. Narasimha Reddy, J.1. In this batch of three writ petitions, the validity of the notification dated 25-07-2007, issued by the Government of Andhra Pradesh, the 1st respondent herein, in exercise of powers under Section 27 of the Insecticides Act, 1968 (for short 'the Act); is challenged.2. The petitioners are the manufacturers, or distributors, as the case may be, of different varieties of insecticides. Through the impugned notification, the 1st respondent prohibited the supply, distribution, sale, and use of insecticides, known as 'Synthetic Pyrethroids', for a period of 60 days, in the State of Andhra Pradesh. The notification was published in the A.P. Gazette.3. The petitioners contend that the Synthetic Pyrethroids are used, mostly for protection of commercial crops, such as cotton, chilly, vegetables, and for the past several years, the farmers were successful in controlling various plant diseases by using the said insecticides. It is stated that similar notifications were issu...
K. Rama Murthy (Died) by Lr and ors. Vs. A. Ramaswamy (Died) by Lrs. a ...
Court: Andhra Pradesh
Decided on: Sep-11-2007
Reported in: 2007(6)ALD631
D.S.R. Varma, J.1. Since both the appeals arise out of the judgment rendered in O.S. No. 471 of 1990 and counter-claim therein, the same are being disposed of by this common judgment.2. Aggrieved by the judgment and decree, dated 4.9.2006, passed in O.S. No. 471 of 1990, by the IV Senior Civil Judge, City Civil Court at Hyderabad, dismissing the suit filed by the plaintiffs seeking dissolution of the partnership firm and rendition of accounts and decreeing the counter-claim filed by the defendants against the plaintiffs seeking execution of release relinquishment deeds in respect of the schedule properties appended to the written statement, the plaintiffs filed both these appeals CCCA No. 110 of 2007 in respect of the claim arising out of the suit and CCCA No. 51 of 2007 in respect of the counterclaim filed by the defendants in the suit.3. Appellants are the plaintiffs and respondents are the defendants in the suit O.S. No. 471 of 1990, before the Court below.4. For the sake of conveni...
Banda Raghavendra Rao Vs. Assistant Commissioner, Endowments and ors.
Court: Andhra Pradesh
Decided on: Sep-11-2007
Reported in: 2008(1)ALD51
ORDERP.S. Narayana, J.1. This Court issued Rule Nisi on 24.2.2006 and made the following order in WPMP No. 4397 of 2006:The petitioner claims to have legitimate rights to be recognized him, as founder family member of Sri Kanakalingeswara Swamy Vari Temple, Atapaka, Kailakuru Mandal, Krishna District. The third respondent submitted an application to the first respondent seeking his recognition as a member of the founder's family. By the impugned proceedings dated 15.2.2006, the first respondent recognized the third respondent as a member of the founder's family on the ground that he belongs to the fifth generation of the founder's family as against the petitioner, who is recorded as belonging to the sixth generation.The petitioner's complaint inter alia is that the first respondent is incompetent to exercise the powers or jurisdiction to resolve disputes as to the claims to being a member of the founder's family.Prima facie, Section 27(h) of the A.P. Charitable and Hindu Religious Inst...
G. Bharathi and ors. Vs. G. Prameela and ors.
Court: Andhra Pradesh
Decided on: Sep-11-2007
Reported in: 2008(2)ALD444; 2008(1)ALT319
C.Y. Somayajulu, J.1. Since these two proceedings arise out of a common judgment passed in a suit and a petition for probate of a Will, they are being disposed of by a common judgment.2. For the sake of convenience, I will refer to the parties as they are arrayed in O.S. No. 4 of 2001, out of which A.S. No. 15 of 2007 arises.3. Plaintiffs filed the aforesaid suit seeking a declaration that they alone are entitled to the death-cum-retirement benefits of G. Sreenivasulu (the deceased) and also the amounts detailed in the plaint schedule, and for a decree of permanent injunction restraining defendants 1 to 3 from recovering the death-cum-retirement benefits of the deceased, inter alia alleging that the deceased married the first plaintiff about 27 years prior to the suit as per sastric rites and begot plaintiffs 2 and 3 out of the wedlock, but subsequently, it came to light that the deceased married the first defendant and gave birth to defendants 2 and 3 and had deserted the first defend...
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