Andhra Pradesh Court June 2008 Judgments
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New India Assurance Co. Ltd. Rep. by Its General Manager Vs. Andhra Pr ...
Court: Andhra Pradesh
Decided on: Jun-23-2008
Reported in: 2009ACJ1723; AIR2008AP226; 2008(5)ALD44
ORDERC.Y. Somayajulu, J.1. First respondent filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (the Act) seeking compensation of Rs. 18,650/-from the 2nd respondent and the appellant on the ground that its bus was damaged due to the rash and negligent driving of the driver of the lorry bearing No. AP 21 U 3379 belonging to the 2nd respondent and insured with the appellant. Second respondent chose to remain ex parte. Appellant filed its counter contesting the claim of the 1st respondent. In support of its case, 1st respondent examined three witnesses as P.Ws. 1 to 3 and marked Exs.A.1 to A.7. No oral evidence was adduced by the appellant, but Ex.B.1 was marked by consent on its behalf. The Tribunal, on the basis of the evidence, held that the 1st respondent is entitled to Rs. 4,200/- towards repairs to the damaged vehicle and Rs. 14,450/-towards loss of earnings for five days during which the bus was under repair and thus awarded Rs. 18,650/- as compensation to the...
Gowda Brandy Shop, Kondagunta Village, Gudur Rural Mandal Vs. Governme ...
Court: Andhra Pradesh
Decided on: Jun-23-2008
Reported in: 2008(5)ALD14; 2008(4)ALT723
ORDERV. Eswaraiah, J.1. The petitioner filed the present writ petition seeking to issue a writ of mandamus, declaring the Order of the Government in G.O. Rt. No. 1636 Revenue (EX.III) Department, dated 12.10.2004 in rejecting the request of the petitioner for refund of the licence fee paid for the unlicensed period i.e. prior to grant of licence for the Excise Year 2002-03, amounting to Rs. 2,92,000/-, as illegal and arbitrary and to set aside the same, directing the respondents 1 and 2 to refund the said amount.2. The facts of the case are that the husband of the petitioner namely A. Subramanyam was the original licensee of IL-24 in the name and style of M/s. Gowda Brandy Shop situated at Pothupalem of Guduru Rural Mandal, Nellore District for the Excise Year 1998-99, vide Licence No. 94/98-99. He paid the entire licence fee of Rs. 2 lakhs for the said year of 1998-99. After completion of the lease year, he did not come forward for the renewal of the licence for the year 1999-2000 as ...
Guthula Seshagiri Rao Vs. Collector and ors.
Court: Andhra Pradesh
Decided on: Jun-23-2008
Reported in: AIR2009AP29; 2008(4)ALD792; 2008(5)ALT609
ORDERC.V. Nagarjuna Reddy, J.1. At the interlocutory stage, the writ petition itself is taken up for hearing and disposal with the consent of the learned Counsel for the parties.2. This writ petition is filed for a writ of mandamus to direct the respondents to consider the claim of the petitioner for benefits under Section 28-A of the Land Acquisition Act, 1894 (for short 'the Act') in terms of decree, dated 6.9.2000 passed by the learned Additional Senior Civil Judge, Rajahmundry, East Godavari District in O.P. No. 133 of 1989 as confirmed by this Court by judgment and decree, dated 25.2.2003 in A.S. No. 3415 of 2000.3. Heard Sri A.V. Sesha Sai, learned Counsel for the petitioner and Sri K. Venkata Rao, learned Standing Counsel for respondent Nos. 2 and 3.4. The petitioner is one of the landowners whose land admeasuring Acs.2.00 cents comprised in Survey No. 197/7-D2 of Rajahmundry Rural, East Godavari District was acquired for the purpose of Oil and Natural Gas Commission operations....
Shaik Mohammad Rahamath @ Sanjay Vs. State of Andhra Pradesh Rep. by I ...
Court: Andhra Pradesh
Decided on: Jun-20-2008
Reported in: 2008(2)ALD(Cri)195; 2008(3)ALT(Cri)16
R. Kantha Rao, J.1. The subject matter of challenge in this appeal is the order of conviction and sentence passed by the Sessions Judge, Kadapa in Sessions Case No. 291 of 2005 whereby and whereunder the appellant was convicted for the offences under Sections 302 and 324 of IPC and was sentenced to undergo life imprisonment for the offence under Section 302 of IPC and no separate sentence being awarded for the offence under Section 324 of IPC on the ground that life imprisonment has been awarded for the major offence.2. The gravamen of charge against the appellant is that he voluntarily caused the death of S. Jaibunnisa and S. Khader Basha, the deceased 1 and 2 by stabbing them with knife and also voluntarily caused injuries to his wife Shaik Hussain Bi (P.W-5) and thereby committed the offence punishable under Section 302 of IPC and 324 of IPC respectively.3. Briefly stated, the prosecution case is as follows:The deceased No. 1 S. Jaibunnisa, is the wife of the deceased No. 2 S. Khade...
M.T. Rao Vs. Andhra Pradesh State Road Transport Corporation, Vizianag ...
Court: Andhra Pradesh
Decided on: Jun-20-2008
Reported in: 2008(5)ALD10; 2008(5)ALT650; [2008(119)FLR122]
ORDERL. Narasimha Reddy, J.1. The petitioner was employed as a Driver in Parvathipuram Depot of A.P.S.R.T.C. On 4.3.2007, when he was driving bus No. AP 10 26255, an accident occurred at 7.30 p.m. at Mudidam Village near Vizianagaram. A motor cyclist is said to have hit a cyclist, who took a wrong turn, and he together with the pillion rider are said to have come under the wheels of the bus. A charge-sheet, dated 29.3.2007, was issued to the petitioner. He attained the age of superannuation on 31.3.2007. Inasmuch as the charge-sheet was issued before he retired, the disciplinary proceedings continued. An Enquiry Officer was appointed and he submitted a report, holding that the petitioner is guilty of the charge framed against him. Ultimately, through an order, dated 21.9.2007, the 2nd respondent imposed the punishment of reduction of pay of the petitioner by one incremental stage with cumulative effect. The same is challenged in this writ petition.2. Sri G. Vidyasagar, learned Counsel ...
The Divisional Manager, the Oriental Insurance Co. Ltd. Vs. Bathina Sr ...
Court: Andhra Pradesh
Decided on: Jun-20-2008
Reported in: 2009ACJ1758; 2008(5)ALD41; 2008(5)ALT433; [2008(119)FLR217]
ORDERC.Y. Somayajulu, J.1. First respondent filed a claim petition under Workmen's Compensation Act, 1923 (for short - '1923 Act'), for Rs. 1,50,000/- against the second respondent and the appellant alleging that he was employed as a coolie on a lorry, belonging to the second respondent and insured with the appellant and that on 10.05.1996, he, while working on that lorry, accidentally fell down and sustained injuries, and as he sustained those injuries in an accident arising out of and during the course of employment, he is entitled to the compensation claimed. Second respondent filed his counter admitting that the first respondent was under his employment and that he suffered injuries in the accident and that the appellant who is the insurer of his lorry is only liable to pay the compensation payable to the first respondent. Appellant filed its counter inter alia contending that the first respondent is not the employee of the second respondent and in any event as the insurance policy...
Bobbili Municipality Vs. K. Sugunamma
Court: Andhra Pradesh
Decided on: Jun-20-2008
Reported in: 2008(5)ALD409
ORDERP.S. Narayana, J.1. Bobbili Municipality-the plaintiff in O.S. No. 74/2003 on the file of Principal Junior Civil Judge, Bobbili being aggrieved of the order dated 1.9.2003 made in I.A. No. 506/2003 in O.S. No. 74/2003 preferred the present civil revision petition. The respondent in the C.R.P. is the petitioner in LA. No. 506/2003 and defendant in O.S. No. 74/2003 aforesaid.2. The application was filed under Order VII Rule 11(a) and (d) of the Code of Civil Procedure (hereinafter in short referred to as 'the Code' for the purpose of convenience) read with Section 29(1) and Section 30 of the Andhra Pradesh (Agricultural Produce and Livestock) Market Act 1966 (hereinafter in short referred to 'the Act' for the purpose of convenience) and prayed for rejection of the suit. The learned Principal Junior Civil Judge, Bobbili after referring to Section 29(1) of the Act and Section 30 of the Act and also Section 23 of the Indian Contract Act, after recording reasons, came to the conclusion ...
Y. Mallapa and anr. Vs. Land Ceilings Tribunal and ors.
Court: Andhra Pradesh
Decided on: Jun-20-2008
Reported in: 2008(5)ALD503; 2008(6)ALT316
ORDERP.S. Narayana, J.1. Heard Sri Gangaiah Naidu, the learned Senior Counsel representing the revision petitioner and the learned A.G.P. for Arbitration representing respondents.2. The civil revision petition is filed under Section 21 of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (hereinafter in short referred to as 'the Act' for the purpose of convenience) as against an order - notice dated 30.9.2003 OP the file of the Land Reforms Tribunal, Adoni. The said order reads as hereunder:FORM-VISee Rule 6(1)In the Office of the Land Reforms Tribunal, AdoniC.C.No. 2258/Adn/75 Date: 30.9.2003ToSmt. Shivaleelamma,W/o. Yale Mallappa,17/43, Madhavaram Road,Adoni (By R.P.A.D)Under Rule 6(1) of the Andhra Pradesh Land Reforms (Ceiling of Agricultural Holdings) Act, 1975 you have been as to surrender an extent of the land equivalent to 548.23 acres, is determined as held by your late husband in excess of the ceiling area which you are liable to surrender under Section 10(1)...
Rafathullah Vs. Commissioner, Greater Hyderabad Municipal Corporation
Court: Andhra Pradesh
Decided on: Jun-20-2008
Reported in: 2008(5)ALT604
ORDERB. Seshasayana Reddy, J.1. This writ petition has been filed by Rafathullah with a prayer to issue a writ, order or direction, more particularly, one in the nature of writ of Mandamus declaring the action of the Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad-respondent in insisting the petitioner to produce 'no objection certificate/ TSLR' from the District Collector, Hyderabad, for grant of permission to make construction, as illegal and arbitrary.2. The petitioner is owner and possessor of the house bearing H. No. 2-3-692/1/8/1/A, situated at Durga Nagar, Amberpet, Hyderabad, in an extent of 300 sq. yards, having purchased the same under a registered sale deed, dated 07.02.2007. He submitted an application on 15.05.2008 to the respondent-Corporation seeking building permission along with plan. The concerned officials of the respondent-Corporation have refused to receive the application and directed him to furnish 'No Objection Certificate/TSLR' original from th...
New India Assurance Co. Ltd. Vs. B. Ayyappa and ors.
Court: Andhra Pradesh
Decided on: Jun-20-2008
Reported in: 2009ACJ1391; 2008(5)ALD583; 2008(5)ALT531
ORDERC.Y. Somayajulu, J.1. Respondents 1 to 3, who are the husband and children of B. Suseela (the deceased), filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short - 'the Act'), seeking a compensation of Rs. 3,00,000/- alleging that the deceased died in an accident that occurred on 24.2.2004 at about 11.50 p.m. due to the rash and negligent driving of the Tipper bearing No. AP-36 720 belonging to the 4th respondent and insured with the appellant. 4th respondent chose to remain ex parte before the Tribunal and this Court also. Appellant, after taking permission from the Tribunal under Section 170 of the Act, filed a counter contesting the claim of respondents 1 to 3. In support of their case, respondents 1 to 3 examined two witnesses as PWs.1 and 2 and marked Exs.A1 to A4. No oral evidence was adduced by the appellant but Ex.B.1 copy of the insurance policy was marked by consent. The Tribunal, having held that the accident occurred due to the rash and negli...