Andhra Pradesh Court March 2008 Judgments
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Angadala Chalapathy Vs. P. Adinarayana and anr.
Court: Andhra Pradesh
Decided on: Mar-14-2008
Reported in: 2008(3)ALD547
P.S. Narayana, J.1. Heard Sri L.J. Veera Reddy, learned Counsel representing the appellant- claimant and Smt.A.Malathi, learned Standing Counsel representing 2nd respondent.2. Sri L.J. Veera Reddy, learned Counsel representing the appellant-claimant would maintain that the Doctor was examined as PW.2 and the injuries were proved and even if injuries 1 and 2 to be taken as simple in nature, the amount awarded is not reasonable. Even otherwise in the case of injury No. 3, though grievous in nature, reasonable amount had not been awarded. The learned Counsel also would maintain that apart from this aspect of the matter, taking into consideration the nature of disability and the nature of the injuries, reasonable amounts should have been awarded for pain and suffering and also loss of earnings. Hence, in any view of the matter the compensation awarded is not just and proper in the facts and circumstances of the case. The learned Counsel also would submit that the insurance company was not ...
Saipriya Estates Reptd. by Its Managing Partner, N. Ram Mohan Reddy S/ ...
Court: Andhra Pradesh
Decided on: Mar-13-2008
Reported in: AIR2008AP166; 2008(3)ALD608; 2008(3)ALT125; 2008(2)ARBLR585(AP)
ORDERC.V. Nagarjuna Reddy, J.1. This Writ Petition is filed for a Writ of Prohibition to prohibit the District Consumer Disputes Redressal Forum-III, Hyderabad (for short 'the District Forum') from entertaining C.C. No. 1026 of 2007 and to direct the District Forum to refer the dispute for Arbitration under Clause 15 of the Development Agreement dated 21-7-2005. 2. The facts lie in a narrow compass. The petitioner and respondent No. 1 entered into a Development Agreement on 21-7-2005, whereunder respondent No. 1 handed over 700 Sq. yards of open land for construction of a residential complex to the petitioner. The petitioner and respondent No. 1 agreed to share the constructed area in the ratio of 55:45 respectively. On the ground that the petitioner failed to carry out its part of contractual obligations under the said agreement, respondent No. 1 approached the District Forum by filing C.C. No. 1026 of 2007 under Section 12 of the Consumer Protection Act, 1986 (for short 'the 1986 Act...
Retired Employees Association Vs. the Govt. of A.P. rep. by the Princi ...
Court: Andhra Pradesh
Decided on: Mar-13-2008
Reported in: 2008(4)ALD204; 2008(4)ALT302; (2009)ILLJ43AP
ORDERRamesh Ranganathan, J.1. The dispute which the petitioner Association seeks a reference, to the Industrial Tribunal for its adjudication, is their demand for extension of pensionary benefits to their members, all of whom retired from the services of the third respondent company prior to 24.08.1986. The Government, by its order dated 4.3.1998, declined to make the reference holding that a retired workman was not a 'workman' within the meaning of Section 2(s) of the Industrial Disputes Act, that the demand of retired employees did not fall within the definition of 'industrial dispute' and that the dispute raised by the petitioner, an association of retired employees, could not be entertained under the provisions of the Industrial Disputes Act (hereinafter referred to as the 'Act'). The Government further informed the petitioner that, as an industrial dispute would arise only in case of a difference between the employer and their workmen and since the Association did not represent an...
The State of A.P. Rep. by the Public Prosecutor, High Court of A.P. Vs ...
Court: Andhra Pradesh
Decided on: Mar-13-2008
Reported in: 2008(1)ALD(Cri)835; 2008(2)ALT(Cri)56
L. Narasimha Reddy, J.1. A gruesome and terrifying incident has taken place, at about 9-45 A.M. on 11.4.2000, in a village by name, Kanthamma Saatram, on the Mydukur-Proddatur road, in Kadapa District. 7 persons, by name Putha Chappal Reddy (deceased No. 1) and his two sons, Pulla Reddy (deceased No. 4) and Raghunatha Reddy (deceased No. 5); Putha Pedda Yella Reddy (deceased No. 3) and his two sons, Singa Reddy (deceased No. 6) and Chinna Yella Reddy (deceased No. 7); and one M.Ramakrishnaiah (deceased No. 2), all, residents of Sambaturu village of the same district, were killed in a faction feud, when they were traveling in an APSRTC bus. PW-1, the son of D-3 and brother of D-6 and D-7, submitted a complaint, marked as Ex.P-1, before the P.S. Proddatur Rural, narrating the history of faction in their village, and the manner in which the deceased were said to have been killed by the accused. A marathon trial in S.C. No. 276 of 2000 has taken place, in the Court of III Additional Sessio...
D. Ramkishore and ors. Vs. Vijayawada Share Brokers Ltd. and ors.
Court: Andhra Pradesh
Decided on: Mar-13-2008
Reported in: [2008]144CompCas326(AP); [2009]89SCL279(AP)
Ramesh Ranganathan, J.1. This appeal is filed, under Section 10F of the Companies Act 1956, by 22 shareholders of the first respondent-company aggrieved by the order of the Company Law Board in C.P. No. 56 of 2002 dated November 10, 2006 (D. Ramkishore v. Vijayawada Share Brokers Ltd. [2007] 140 Comp Cas 180). The appellants herein, 22 in number, holding in excess of one-tenth of the total issued capital, and constituting more than one-tenth of total number of members of the respondent-company, approached the Company Law Board alleging certain acts of oppression and mismanagement in the affairs of the company, at the instance of the second respondent, relating mainly to (a) non-commencement of any activity of the company; (b) debiting personal and fictitious expenditure to the profit and loss account of the company; (c) misappropriating funds of the company by not accounting for the rentals, and other income, in the books of accounts; (d) illegal sale of the company's landed property a...
Prof. V.S.S. Sastry Vs. the Ministry of Human Resource Development, Go ...
Court: Andhra Pradesh
Decided on: Mar-12-2008
Reported in: 2008(4)ALD315; 2008(4)ALT240
ORDERC.V. Nagarjuna Reddy, J.1. In this Writ Petition, the petitioner sought for invalidation of Section 46(a) of the English and Foreign Languages University Act, 2006 (for short 'the Act') as being arbitrary, illegal and ultra vires of Sections 4(v) and 13 of the Act and violative of Articles 14, 16 and 21 of the Constitution of India, by issuance of a Writ of Mandamus.The Background Facts:The Central Institute of English and Foreign Languages, Hyderabad was a Society registered under the Hyderabad Societies Registration Act, 1350 Fasli (for short 'the CIEFL Society'). It was a premier Institution of the country for the study of English and major foreign languages. It was conferred the status of deemed University in July, 1973 under Section 3 of the University Grants Commission Act, 1956. Its Byelaws were framed on 25-6-1956 and amended from time to time. The Byelaws, inter alia, provided for appointment of Vice-Chancellor. Under Byelaw 22-A, the Vice-Chancellor shall be appointed as...
Pamarthi Subba Rao Vs. H. Rama Rao and National Insurance Co. Ltd. Rep ...
Court: Andhra Pradesh
Decided on: Mar-12-2008
Reported in: 2009ACJ652; 2008(3)ALD650; 2008(3)ALT68; [2008(117)FLR1152]; (2008)3LLJ245AP
P. Swaroop Reddy, J.1. This appeal came up for hearing on a reference made by a learned single Judge of this Court.2. The question involved is whether a workman that suffered injuries during the course of employment and became disabled is entitled for compensation on the basis of 100% disablement, in spite of his not suffering injuries, as mentioned in Schedule I of Workmen's Compensation Act, 1923, as Section 2(1)(i) of the Act provides for the same, but the proviso to the above section contemplates that permanent disablement shall be deemed to result from the injuries specified in Part-I of Schedule I or from any combination of injuries specified in Part-II of Schedule-I.As there are conflicting decisions on this question, the learned Single Judge referred this question to the Division Bench.3. Necessary facts are as follows: The workman was a driver on lorry bearing registration No. AHJ-8897 on a salary of Rs. 2,000-00 per month, apart from batta of Rs. 50-00 per day. Onl9.2.1997, w...
R. Muthukrishnan Vs. Forest Range Officer and ors.
Court: Andhra Pradesh
Decided on: Mar-12-2008
Reported in: 2008(4)ALD56; 2008(3)ALT589
ORDERV. Eswaraiah, J.1. Heard learned Counsel appearing for the petitioner as well as the learned Government Pleader for Forests appearing for the respondents.2. It is the case of the petitioner that he is the owner of the mini van Turbo-407 bearing registration No. TN-05-D 6580 and he is running the said vehicle for hire as light motor goods vehicle by obtaining goods carriage permit from the Transport Authority, Chennai. He used to entrust the said vehicle to the driver for transportation of the goods which are not prohibited. While so, on 02-05-2002 the driver of the vehicle Mr. Karunakar has informed that one broker from Trivikranagar, Chennai approached him and sought the said vehicle for hire to transport the house hold articles for shifting the house to Naidupeta, but the driver did not return the said vehicle and therefore on his search he came to know that the said vehicle was seized on 03-05-2002 for transportation of 160 Red Sander logs weighing 2923 kgs. Then he filed an ap...
P. Laxmi and anr. Vs. State Bank of Hyderabad and ors.
Court: Andhra Pradesh
Decided on: Mar-12-2008
Reported in: 2008(4)ALD127; 2008(4)ALT299; [2008(118)FLR848]
ORDERL. Narasimha Reddy, J.1. One Sri P. Satyanarayana, husband of the first petitioner and father of the second petitioner, was employed as an Attender in State Bank of Hyderabad, the first respondent herein, in the year 1978. He died in an accident on 4.5.2005, while in service. The first petitioner submitted an application to the second respondent requesting that the benefit of compassionate appointment be extended to them. It was urged that on account of the death of Satyanarayana, the family is without any earning member and is facing distress.2. The second respondent addressed a communication, dated 8.12.2005, to the petitioners stating that the petitioners cannot be said to be in distress, in view of the income of the first petitioner and the assets held by the family. The same is assailed in this writ petition.3. Sri A.K. Jaya Prakash Rao, learned Counsel for the petitioner submits that the second respondent has taken into account the family pension and other benefits extended ...
Boda Venkataramanamma and ors. Vs. I. Satyavathamma and anr.
Court: Andhra Pradesh
Decided on: Mar-11-2008
Reported in: 2008(2)ALT587
ORDERG. Yethirajulu, J.1. This Revision Petition has been filed by the petitioners in I.A. No. 88 of 2004 in O.S. No. 102 of 1996 on the file of the Senior Civil Judge, Tadepalligudem.2. The petitioners are defendants 2 to 4 in the above suit filed for specific performance of an agreement of sale executed by their mother. They were set ex parte and the ex parte decree was passed on 11-10-2002. The petitioners came to know about the ex parte decree after receipt of the notices in the E.P. filed on the basis of the said decree. The petitioners contended that though they engaged an Advocate to represent their case, he failed to represent the same, therefore, they were set ex parte and after knowing about the decree after receipt of the summons in the E.P., they filed an Application to set aside the ex parte decree and another Application to condone the delay of 409 days in filing the said Application, covered by I.A. No. 88 of 2004. The Respondents opposed the Application and the lower Co...
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