Andhra Pradesh Court July 2008 Judgments
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New India Assurance Co. Ltd. Vs. Rathnavath Sali and ors.
Court: Andhra Pradesh
Decided on: Jul-07-2008
Reported in: AIR2009AP25; 2008(6)ALD183
ORDERC.Y. Somayajulu, J.1. Since these two appeals arise out of a common award, they are being disposed of by a common order.2. CMA No. 686 of 2003 arises out of OP No. 364 of 1995 and CMA No. 687 of 2003 arise out of OP No. 303 of 1999. OP No. 364 of 1995 is filed under Section 166 of the Motor Vehicles Act, 1988 (the Act) seeking compensation for the death of R. Shankar (the deceased) husband of the first claimant and father of claimants 2 and 3 and son of claimants 4 and 5 and OP No. 303 of 1999 is filed seeking compensation for the injuries suffered by the petitioner therein hereinafter referred to as the victim in the same accident.3. The case of the claimants in both the claim petitions is that the deceased and the victim had on 25.3.1995 boarded the lorry AEK 6759 belonging to the sixth Respondent in CMA No. 686 of 2003 and second Respondent in CMA No. 687 of 2003 which was insured with the appellant along with their goods to go to their native place. But that lorry met with an ...
Ch. Sreeramulu and anr. Vs. Chief Security Commissioner, Railway Prote ...
Court: Andhra Pradesh
Decided on: Jul-07-2008
Reported in: 2008(6)ALD575
ORDERL. Narasimha Reddy, J.1. The petitioners were initially appointed as Constables in the Railway Protection Force (for short 'the Force'), in the year 1974. Both of them earned promotions to the posts of Naiks in the year 1988, and as Assistant Sub-Inspectors in the year 1989. Appointment to the post of Sub-Inspector, in the Force, is by way of direct recruitment, as well as by promotion, which in turn, is to be done on the basis of performance in the written test and interview. The petitioners were selected as Sub-Inspectors vide proceedings dated 22.11.1995, issued by the 1st respondent. The order of appointment was to be issued after completion of the training.2. The batch of direct recruits to the post of Sub-Inspectors were sent for training in the month of January, 1996. On completion of the training, they were issued orders of appointment, and they in turn joined duties on 30.1.1997. The petitioners and other candidates, selected for promotion, were imparted a condensed train...
Government of Andhra Pradesh Rep. by Its Principal Secretary and anr. ...
Court: Andhra Pradesh
Decided on: Jul-07-2008
Reported in: 2009(1)ALT164
ORDERGhulam Mohammed, J.1. Since these two Writ Petitions arise out of an order dated 24.3.2006 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad, in O.A. No. 1014 of 2005, they were heard together and are being disposed by this Common Order.2. O.A. No. 1014 of 2005 was filed by one K. Ashok Kumar (Respondent No. 1 herein), who is working as Town Planning Assistant in the Municipal Corporation of Hyderabad (MCH), rejecting his claim to place him at S. No. 1 of the select list of Town Planning Assistants dated 21.12.1981 by the Government in their Memo. No. 143555/F1/2003-2 MA, dated 19.9.2003, and the consequential Memo. No. 5820/F1/2005-4, dated 22.11.2005. By the orders impugned, the Tribunal set aside both the Memos and remanded the matter to the Government for passing fresh orders within a period of four weeks from the date of receipt of a copy of the order, keeping in view the directions issued therein, and, pending passing of the orders, directed not to make any pro...
National Insurance Co. Ltd. Represented by Its Manager Vs. Smt. Sk. Ah ...
Court: Andhra Pradesh
Decided on: Jul-04-2008
Reported in: 2006ACJ2556; AIR2008AP278; 2008(5)ALD575
Ghulam Mohammed, J.1. This Civil Miscellaneous Appeal has been preferred by the 3rd respondent- insurance company against the award dated 24-3-2003 passed in O.P. No. 1975 of 1999 on the file of the Motor Accidents Claims Tribunal-cum-I Additional District Judge, Visakhapatnam.The respondents-claimants filed the above O.P. under Section 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs. 21,93,000/- due to death of Sk. Anwar Basha, who died in the motor accident that occurred on 12-4-1999.On 12-4-1999 while the deceased was proceeding in a jeep bearing no.OR-06B-9111 from his work place to Visakhapatnam a lorry bearing No. AHH 2125 belonging to the 2nd respondent and driven by its driver (R.1) in a rash and negligent manner dashed the jeep, on account of which, the deceased and three others traveling in the jeep, died on the spot.The Tribunal, on consideration of the evidence on record, held that the accident occurred due to rash and negligent driving of the driver of the ...
V. Chidambara Reddy Vs. K. Govinda Reddy
Court: Andhra Pradesh
Decided on: Jul-04-2008
Reported in: 2008(5)ALD325; 2008(6)ALT312
ORDERP.S. Narayana, J.1. This civil revision petition is directed against the order dated 16.4.2008 passed in IA No. 97 of 2008 in AS No. 127 of 2007 on the file of the Principal District Judge, Kurnool, whereby the application filed under Section 45 of the Indian Evidence Act (for brevity 'the Act') read with Section 151 CPC to send Ex.B1 - receipt to the handwriting expert for comparison of the alleged signature of the respondent-plaintiff and ascertain his report, was dismissed.2. The matter is coming up for admission.3. Sri S. Syam Sunder Rao, learned Counsel for the revision petitioner, would maintain that the learned Principal District Judge, Kurnool, had totally erred in dismissing IA No. 97 of 2008 in AS No. 127 of 2007 for the reason that this application was filed under Section 45 of the Act read with Section 151 CPC to send Ex.B1 receipt to the handwriting expert for comparison of signature and to such a case the provisions of Order XLI Rule 27 CPC cannot be made applicable....
Amara Venkata Subbaiah and Sons and ors. Vs. Shaik HussaIn Bi and ors.
Court: Andhra Pradesh
Decided on: Jul-04-2008
Reported in: 2008(5)ALD547; 2008(5)ALT341
V.V.S. Rao, J.1. These two appeals by defendants, are against judgment and decree dated 30.12.1988 in OS No. 33 of 1981 on the file of the Court of Subordinate Judge, Kavali. Appellant in AS No. 1541 of 1989 is aggrieved by the decree declaring that Shaik Hussain Bi (SHB), first respondent in appeal, is owner of items 1 and 2 of plaint-A schedule properties. Appellants in AS No. 568 of 1989 are aggrieved by Clause (2) of decree directing that they shall pay an amount of Rs. 30,000/- to SHB with future interest thereon at 6% per annum from the date of the suit i.e., 4.4.1980 till the date of realization. As both the appeals arise out of the same judgment, it is expedient to dispose of them by common judgment. For the sake of convenience, parties are referred to by their status in suit.Pleadings of plaintiff2. SHB filed the suit for declaration of title in respect of plaint-A schedule properties and for direction to defendants 2 and 3 or first defendant in the alternative to pay her a su...
G. Veera Brahmam Vs. Gopalapuram Sammakka and anr.
Court: Andhra Pradesh
Decided on: Jul-04-2008
Reported in: AIR2009AP27; 2008(5)ALD571; 2009(1)ALT227
L. Narasimha Reddy, J.1. The appellant filed OS No. 75 of 1994 in the Court of II Additional Senior Civil Judge, Warangal, against the respondents for the relief of specific performance of an agreement of sale. He pleaded that the 1st respondent is the absolute owner of house bearing No. 9-7-86, Yellambazar, Warangal, with appurtenant land of 100 sq. yards; having inherited the same from her parents. He stated that the 1st respondent executed an agreement of sale dated 2.4.1986, agreeing to sell the property for a consideration of Rs. 60,000/-. An amount of Rs. 25,000/- was said to have been received by the 1st respondent, as part of the consideration and delivered possession. The balance of Rs. 35,000/- was agreed to be paid at the time of registration. He pleaded that subsequent to the agreement, he paid a sum of Rs. 7,700/-, on 10.6.1987, and Rs. 9,300/-, on 30.4.1990, respectively. He complained that when he approached the 1st respondent, on 30.11.1992, with the balance of consider...
P. Narasimhulu Vs. B. Siva Reddy, Lao and ors.
Court: Andhra Pradesh
Decided on: Jul-04-2008
Reported in: 2008(6)ALD825; 2008(6)ALT271
ORDERA. Gopal Reddy, J.1. This Contempt Case is filed under Sections 10 and 12 of the Contempt of Courts Act, 1971 for wilful disobedience and violation of orders passed by this Court in LAASMP No. 578 of 2007 in LAAS No. 163 of 2007 dated 15-03-2007.2. Heard the party in person and also K.V. Simhadri learned Counsel for the respondent-Corporation who filed a calculation memo stating that 50% of the amount as per the decree has been made available to the Land Acquisition Officer (LAO) to enable him to deposit in the Court.3. It is not in dispute that this Court in LAASMP No. 578 of 2007 granted stay for execution of decree on condition of the petitioner/appellant (LAO) depositing half of the enhanced compensation together with statutory benefits and interest payable thereon within eight weeks from the date of order. On such deposit the respondents/claimants are entitled to withdraw the same without furnishing any security and without any deduction towards income tax.4. Since the amount...
Government of India, Ministry of Defence and anr. Vs. Aluminium Photo ...
Court: Andhra Pradesh
Decided on: Jul-04-2008
Reported in: 2009(1)ALT497
Ghulam Mohammed, J.1. Since the subject-matter in both the appeal and revision and also the parties are one and the same, the appeal and revision are heard together and being decided by this common judgment. Both the appeal and revision are preferred by Government of India represented by the General Manager, Ordnance Factory, Dehradun against M/s. Aluminium Photo Industries, Hyderabad.2. The appeal is filed under Section 39(2) of the Arbitration Act challenging the order passed in O.P. No. 80 of 1990 and the revision is preferred against the award passed in O.P. No. 127 of 1990. Both OPs have been disposed of by common order dated 11-11-1998. For the sake of convenience, the parties are arrayed as appellant and respondent in the appeal.3. The details necessary for deciding both the cases are that the General Manager, Ordnance Factory, Dehradun, had called for tenders for supply of various angles of departure charts, disc fuses, ranges etc., as per the detailed drawings and specificatio...
R.V.V. Prasada Rao Vs. the Managing Director, State Bank of Hyderabad ...
Court: Andhra Pradesh
Decided on: Jul-03-2008
Reported in: 2008(5)ALD505; 2008(6)ALT105
ORDERL. Narasimha Reddy, J.1. The petitioner joined the service of the State Bank of Hyderabad, as a Clerk, in the year 1997. He was re-designated as Head Cashier, and at present, he is working at Vilasagar Branch of Karimnagar District. He states that ever since his appointment, he has taken initiative in the respective Branches, and was instrumental, in his own way, in promoting the business of the Branches, in which he worked. Reference is made to certificate of appreciation, issued by the Bank on 16-08- 2001.2. The post, superior is the one, held by the petitioner, is Junior Management Grade Scale-I Officer. Out of every hundred posts of this category, 20 are to be filled by way of direct recruitment (Group-C); 55 posts by promotion of employees, who have completed eight years of service in the feeder category, between the age group of 40 and 55 years (Group-A); and 25 posts by way of promotion of employees, who have completed four years of service, but are not above 40 years (Grou...
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