Andhra Pradesh Court November 2008 Judgments
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United India Insurance Co. Ltd. Rep. by Its Manager Vs. G. Saraswathi ...
Court: Andhra Pradesh
Decided on: Nov-07-2008
Reported in: 2006ACJ2615; 2009(3)ALT278
G. Bhavani Prasad, J.1. These three appeals arise out of the awards passed by the Motor Accidents Claims Tribunal-cum-District Judge at Khammam on 18-03-2002 in O.P. Nos. 257, 259 and 253 of 1998 arising out of the same accident and are, hence, being disposed of by a common judgment.2. One G.K.L. Rao working as Chief Engineer with Singareni Collieries Company Limited had the company car APH 1913 allotted to him, which was being driven by the 1st respondent in the three claim petitions. When Sri Rao was going with his family from Kothagudem to Hyderabad for medical check-up on 05-05-1995, the accident occurred at about 5-30 a.m. when the 1st respondent's rash and negligent driving resulted in the car dashing against a stationed lorry, on which Crime No. 87 of 1995 was registered. The death of Sudhakar Rao, Kanaka Lingeswar Rao and Bhavani Shankar due to the accident resulted in the three claim petitions by their respective dependents and the driver and owner of the car admitted the acci...
A. Manimanjari (Dr.) (Smt.) Vs. P. Bhaskara Rao
Court: Andhra Pradesh
Decided on: Nov-06-2008
Reported in: 2008(6)ALT511
ORDERG. Yethirajulu, J.1. These Revision Petitions have been filed by the plaintiff against the common order, dated 8-9-2008 in I.A. Nos. 1052, 1051 and 1053 of 2008 on the file of the II Senior Civil Judge, City Civil Court, Hyderabad.2. Since all the Revision Petitions are filed by the same parties against the common order, they are clubbed and this common order is passed.3. I.A. No. 1051 of 2008 was filed by the defendant under Section 151 of C.P.C. to reopen the suit to receive the petition filed by the defendant to comply the orders in I.A. No. 1030 of 2007. I.A. No. 1052 of 2008 was filed by the defendant to restore the strike off defence of the defendant and to permit him to adduce evidence for proper adjudication in the suit. I.A. No. 1053 of 2008 was filed by the defendant under Section 148 of C.P.C. to enlarge time by 265 days in complying the order in I.A. No. 1030 of 2007, dated 16-11-2007.4. The common averments of the defendant in all the Applications are briefly as follo...
U. Chandra Sekhara Rao Vs. A.P. State Corporation Housing Federation L ...
Court: Andhra Pradesh
Decided on: Nov-05-2008
Reported in: 2009(1)ALT142
ORDERL. Narasimha Reddy, J.1. The petitioner borrowed an amount of Rs. 45,000/- towards housing loan in the year 1985 from Viswanadha Co-operative Building Society Limited, the 2nd respondent. The amount, in turn, was made available by the A.P. State Co-operative Housing Societies Federation Limited, the 1st respondent. Certain documents relating to the property owned by the petitioner were deposited as security with the 1st respondent. The petitioner states that the last instalment was paid by him on 25-3-2000, and despite the same, the documents are not released.2. The 2nd respondent filed a counter affidavit stating that the petitioner has not cleared the loan amount and still a sum of Rs. 54,000/- is due. On the same lines, the 1st respondent also filed a counter affidavit.3. Heard the learned Counsel for the petitioner and the learned Counsel for the respondents.There is a serious dispute as to whether the petitioner has cleared the loan. Had it been a case where the amount was pa...
P. Raghu Kumar and anr. Vs. A. Chakrapani and 4 ors.
Court: Andhra Pradesh
Decided on: Nov-04-2008
Reported in: 2009(1)ALT332
V. Eswaraiah, J. 1. This Civil Miscellaneous Appeal has been filed by the appellants/plaintiffs, against the order passed by the II Additional Chief Judge, City Civil Court, Hyderabad in I.A.5643/2007 in O.S.538/2007, dated 31.03.2008, under which an application filed under Order 39 Rules-1 and 2 CPC, was partly allowed, limiting the injunction order granted earlier for a limited period of three months so as to enable the petitioners herein to call upon their builder to provide them an approach for the northern block parking area in the cellar.2. The plaintiffs filed the suit O.S.538/2007 for grant of permanent injunction in their favour restraining the defendants, who are respondents herein, from taking up any construction either in the cellar or any other common areas of the building like staircase, terrace portion of the building either in the nature of partition/dividing wall or otherwise affecting the accessibility of parking portion allotted to the respective flat owners through ...
Ch. Siddirama Goud Vs. the Prohibition and Excise Superintendent and a ...
Court: Andhra Pradesh
Decided on: Nov-04-2008
Reported in: 2009(1)ALT222
ORDERV.V.S. Rao, J.1. The petitioner impugns distraint order dated 03.11.2005 issued by first respondent on the ground that the same is contrary to the Andhra Pradesh Revenue Recovery Act, 1864 (RR Act, for brevity) and the Limitation Act, 1963 (Limitation Act, for brevity). By impugned order petitioner was informed that immovable properties like television, chairs, tables were distrained on 03.11.2005. The petitioner was excise contractor engaged in arrack business. He statedly wound up business in 1990 due to naxalites' threats. Alleging that he is in arrears to the department of excise to a tune of Rs. 89,198.35ps, the respondents initiated action under RR Act and issued distraint order under Section 8 thereof.2. Learned Counsel for the petitioner placed reliance on State of Kerala v. V.R. Kalliyanikutty : [1999]2SCR372 , N.A. Radha and Ors. v. State of Andhra Pradesh : 2000(2)ALD560 as well as Raghunandhan v. State of Hyderabad : AIR1963AP110 and submits that the RR proceedings are...
P. Ramulu @ Ramulu Vs. the Superintendent Engineer, Electrical Operati ...
Court: Andhra Pradesh
Decided on: Nov-04-2008
Reported in: 2009(1)ALT410
V. Eswaraiah, J.1. The appellant is the writ petitioner, who filed W.P.23380/1998 seeking to issue a Writ of Mandamus declaring the action of the Superintending Engineer, Electrical Operation, Andhra Pradesh State Electricity Board (hereinafter referred to as 'APSEB'), Mehabubnagar and the Divisional Engineer, APSEB, Wanaparthy, Mehabubnagar in not paying the tentative compensation to the petitioner in connection with accident occurred to his wife and two she- buffaloes due to the electrical shock on 15.06.1996 at Ankiropally village, Mandalka Kollapur Mandal, Mehabubnagar District as illegal and arbitrary and to direct the respondents to pay compensation of Rs. 3 lakhs.2. The said writ petition has been dismissed, holding that merely because the respondents have paid ex gratia of Rs. 10,000/- on account of death of wife of the petitioner and Rs. 2,000/- for the death of two she-buffaloes, the same cannot constitute a ground for issuing a Writ of Mandamus as prayed for, and accordingly...
B. Rukmaiah and ors. Vs. M.A. Samad and ors.
Court: Andhra Pradesh
Decided on: Nov-03-2008
Reported in: 2009(2)ALT271
ORDERVilas V. Afzulpurkar, J.1. The present revision is preferred by the legal heirs of landlady who were arrayed as respondents in R.A. No. 268 of 2001.2. The landlady had filed RC No. 66 of 1998 against the respondent/tenant herein for eviction on the ground that she requires the suit premises for her fourth son who is a doctor and who was arrayed as petitioner No. 6 in RC. The requirement pleaded is one for additional accommodation under Section 10(3) (c) of the A.P. Buildings (Lease, Rent & Eviction) Control Act (hereinafter called 'the Act'). The landlady died pending RC and her husband and sons and daughters were brought on record as legal representatives as respondents 2 to 13 in RC. The building in which the schedule premises is situate comprises four mulgies bearing Nos. 1-8-32/61/22/1 to 4. The schedule premises in question bears municipal No. 1-8-32/61/22/2 and the monthly rent is Rs. 550/-. The respondent/tenant is carrying on business of automobile batteries and the dimens...
Y. Rama Devi Vs. the Joint Collector
Court: Andhra Pradesh
Decided on: Nov-03-2008
Reported in: 2009(1)ALT314
ORDERV.V.S. Rao, J.1. The petitioner is Fair Price Shop (FPS) dealer No. 381, Bhagat Singhnagar, Qutubullapur Mandal in Ranga Reddy District. The Assistant Supply Officer surprised the petitioner's premises, conducted panchanama and seized essential commodities for contraventions. Respondent initiated action under Section 6-A of the Essential Commodities Act, 1955 (EC Act, for brevity), for confiscation of stock, and issued show cause notice dated 13.07.2004 framing the following charges, namely, that she is being authorized FPS dealer involved in clandestine business of public distribution system rice. She is involved in diversion of (10) quintals of public distribution rice to black market as per the news published in daily newspaper, and that when the FPS was raided there was a short fall of balance 5.95 quintals of rice with book balance. The petitioner filed explanation through her Counsel on 20.11.2004 denying the two charges. The respondent verified the records and found that th...
K. Jawahar Reddy Vs. Smt. G. Kamala Rao and anr.
Court: Andhra Pradesh
Decided on: Nov-03-2008
Reported in: 2008(6)ALT772
ORDERG. Yethirajulu, J.1. C.R.P. No. 1056 of 2004 has been preferred by the respondent No. 1 in I.A. No. 2511 of 1998 in I.A. No. 5107 of 1997 in O.S. No. 4610 of 1997 on the file of the II Junior Civil Judge, City Civil Court, Hyderabad. The revision petitioner is the plaintiff in O.S. No. 4610 of 1997. He filed the suit for perpetual injunction against the Municipal Corporation of Hyderabad. Along with the suit the plaintiff filed I.A. No. 5107 of 1997 for temporary injunction. In the said application the plaintiff pleaded that they were constructing bona fidely on their land as per the sanctioned plan by leaving set backs etc., and they were constructing the structure as per the provisions of the Rules and Regulations. Believing the said statement, the trial Court granted ad interim injunction against MCH on 25-11-1997. While granting interim injunction, the Court directed the petitioner to file photographs showing the stage of the existing construction by the next date and further ...
Nizam Club Through Its Secretary Vs. Jayanthi Lal Goel
Court: Andhra Pradesh
Decided on: Nov-03-2008
Reported in: 2009(1)ALT861
ORDERK.C. Bhanu, J.1. This Civil Revision Petition is directed against the order, dated 19-1-2005, passed in O.P. No. 3081 of 2003 on the file of the XIV Additional Chief Judge, City Civil Court, Hyderabad, wherein and whereby the application filed under Section 23 of the Andhra Pradesh Societies Registration Act, 2001, seeking to set aside the resolution, dated 5-12-2003, passed by the Managing Committee of the petitioner-club removing the name of the respondent from the membership roll and for declaring the resolution as null and void was allowed.2. Learned Counsel appearing for the petitioner-club contended that the respondent committed default in payment of membership fee of more than Rs. 2,000/- and that as per the Rules of the petitioner-club, there is (sic. no) other option, but to expel the membership of the respondent and the resolution of the Managing Committee, dated 5-12-2003, is completely in accordance with the Rules governing the maintenance of the club and therefore, he...
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