Andhra Pradesh Court January 2009 Judgments

Public Prosecutor, High Court of A.P. Vs. Radhakrishna Nagesh

Court: Andhra Pradesh

Reported in: 2009CriLJ1870

G.V. Seethapathy, J.1. This criminal appeal is directed against the judgment dated 11-2-1999 in S. C. No. 260 of 1998 on the file of the Principal Assistant Sessions Judge, Tirupati, wherein, the respondent herein/accused was found not guilty of the offences under Sections 363 and 376(2)(f) of I.P.C. and was acquitted thereof under Section 235(1), Cr.P.C.2. Heard the learned Additional Public Prosecutor for the appellant-State and the learned Counsel for the respondent-accused. Perused the records.3. The case of the prosecution in brief is as follows:The accused was working as a ball picker in S.V. University Tennis Court, Tirupati, and as such he was having custody of the key of the storeroom situated to the southeast of the tennis court, wherein, tennis net and other articles are stored. The victim girl A. Haritha, is aged 11 years and she belongs to Scheduled Caste. Her mother Sampurnamma is working as maid servant in the red-buildings attached to the S.V. University.On 7-9-1997 at ...

Canara Bank Vs. Nalgonda Co-operative Central Bank Ltd.

Court: Andhra Pradesh

Reported in: AIR2009AP89

ORDERSanjay Kumar, J.1. Canara Bank, Nalgonda, the defendant in the suit O.S. No. 251 of 1979 on the file of the Subordinate Judge, Nalgonda, is in appeal against the judgment and decree dated 30.06.1987 passed therein. The Court below decreed the suit holding the defendant bank liable to pay a sum of Rs. 5,71,999/- with interest and costs to the Nalgonda Co-operative Central Bank Limited, Nalgonda, the plaintiff therein.2. For the sake of convenience the parties hereto shall be referred to as per their array before the trial Court.3. The plaint averments are to the following effect:The Suryapet Branch of the plaintiff bank issued two uncrossed demand drafts on 30.10.1976 in favour of one V. Ram Reddy and one V. Babu Rao respectively. The demand drafts bore Nos. 2211 and 2212 and were for a sum of Rs. 25/- each. These demand drafts were materially altered whereby the date of issue was shown as 02.11.1976, the payee was shown as M/s. Sudershan Trading Corporation (for short, 'STC') and ...

Public Prosecutor Vs. M. Krishnaiah

Court: Andhra Pradesh

Reported in: 2009CriLJ2342

G.V. Seethapathy, J.1. This criminal appeal and the criminal revision case arise out of the judgment dated 03.09.1999 in Crl.A. No. 178 of 1998 on the file of the III Additional Sessions Judge, Tirupati, wherein the said appeal filed by the accused was allowed setting aside the conviction of the accused for the offence under Section 306 IPC and sentence of rigorous imprisonment for three years and fine of Rs. 1,000/- imposed by the learned Assistant Sessions Judge, Puttur by judgment dated 10.11.1998 in SC No. 399 of 1996. The present appeal is filed by the State against the impugned judgment of acquittal passed by the learned Additional Sessions Judge, Tirupati and the criminal revision case is filed by the de-facto complainant.2. As both the matters arise out of the same impugned judgment, they are being heard together and disposed of by this common judgment.3. The case of the prosecution, in brief, is as follows:The accused was a resident of Berivanikandriga, working as trainee in C...

National Insurance Company Ltd. Vs. Jagarlamudi Satyanarayana

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

D. Appa Rao, President: 1. This is an appeal preferred by the Insurance Company against the order of the Dist. Forum in directing it to pay Rs. 66,943 with interest and costs. 2. The case of the complainant in brief is that he was doing tobacco business and insured his godown for the period from 4.4.2002 to 3.4.2003 covering the risk for fire and other allied causes. While so on 29.6.2002 the godown was burnt and the entire tobacco stock was burnt and the said fact was informed to the appellant. It appointed a Surveyor who assessed the loss at Rs. 2,75,000. Suppressing the said fact, it had settled the claim at Rs. 2,07,347 which he received under a bona fide impression. Later he learnt the exact amount for which the Surveyor had assessed and therefore prayed the balance of Rs. 67,653 be paid together with interest, compensation and costs. 3. The Insurance Company resisted the case. It alleged that after receipt of report, it had appointed a surveyor who visited the godown verified the...

United India Insurance Company Limited Vs. S.V. Engineering Constructi ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

D. Appa Rao, President: Oral: 1. The Insurance Company preferred the appeal, F.A. No. 253/2007 against the order of the District Consumer Forum, Khammam, in directing it to-pay Rs. 2,18,900 towards repairs of the vehicle together with costs of Rs. 1,000. 2. The complainant also preferred cross-appeal, FASR. No. 5197/2006 and along with it IA. No.1253/2007 to condone the delay of 341 days in preferring the appeal on the ground that he received the notice in the appeal preferred by the Insurance Company and found that the District Forum did not award compensation in its entirety. Since the appeal preferred by the Insurance Company is being heard, we condone delay in preferring the appeal by the complainant. The office is directed to register the appeal and assign number. 3. The case of the complainant in brief is that it is a firm dealing in excavation, loading, transportation, dumping, etc. at different areas. It owned a motor vehicle insured with the appellant Insurance Company. It had...

P. Ram Mohan Rao Vs. Life Insurance Corporation of India

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

D. Appa Rao, President: Oral: 1. The complainant preferred this appeal against the order of the Dist. Forum in granting inadequate amount besides not awarding interest. 2. The case of the complainant in brief is that he took an insurance policy with the respondent LIC on 4.10.1976 for Rs. 10,000 under salary saving scheme wherein the employer had deducted monthly premium from his salary and paid it to LIC directly. When certain amounts were not credited properly he addressed letters and the LIC on its part informed that the records were not available in view of decentralization of its office. When the policy was matured in May, 1995 though the Divisional Office at Hyderabad requested the office at Raepally to pay the amount, it gave a reply stating that the policy was not available. Despite his approach to Ombudsman he could not receive any amount. Therefore he requested to pay the maturity amount with interest @ 24% p.a., from the date of maturity of the policy till the date of realiz...

Seshapu Ramulamma Vs. Doppalapudi Raju and ors.

Court: Andhra Pradesh

Reported in: 2009ACJ2818; 2009(2)ALT438

V.V.S. Rao, J.1. Whether a married sister can maintain a petition under Section 166 of the Motor Vehicles Act, 1988 (the Act, for brevity) is the short but interesting question that falls for consideration in this appeal filed under Section 173 of the Act. Before addressing the question, brief background of the case may be noticed.2. Tadivada Bangarappadu aged about 50 years at the relevant time was a member of Mandal Parishad Territorial Constituency. He was also fair price shop dealer statedly earning Rs. 2,500/- per month. On 18.05.1996 at 10.45 am while going towards Sri kakulam side on his luna, at a place near petrol bunk, Pusapatirega, a lorry bearing No. AP 12 T 4419 driven by first respondent dashed against him, resulting in instantaneous death of Bangarappadu. 3. Smt. Seshapu Ramulamma appellant herein who is aged about 55 years filed O.P. No. 327 of 1996 before the Motor Vehicles Accidents Claims Tribunal, Vizinagaram. She claimed that she is sister of deceased and that she ...

Desiraju Hanumantha Rao Vs. A.P. State Agro Industries Development Cor ...

Court: Andhra Pradesh

Reported in: 2009(2)ALT488; (2009)IVLLJ96AP

V. Eswaraiah, J.1. Heard the learned Counsel, appearing for the appellant as well as the Standing Counsel, appearing for the respondent Corporation. This is an appeal filed by the appellant against the order of the learned single Judge in W.P. 1737/1999, dated 05.07.2005. 2. The said writ petition has been filed by the appellant herein seeking to issue a Writ of Mandamus, declaring the proceedings of the respondent Corporation dated27.02.1997 and 12.01.1999, discharging him from service on medical grounds, as illegal and arbitrary, and consequently seeking a direction, directing the respondent Corporation to reinstate him into service or extend the Voluntary Retirement Scheme (hereinafter referred to as 'VRS') benefits.3.A Learned Single Judge of this Court, after considering the rival contentions, dismissed the said writ petition on the ground that the petitioner was discharged from service on medical invalidation on 28.02.1997, but whereas the VRS came into operation with effect from...

E.N. Satyanarayana Vs. Smt. Chowdamma

Court: Andhra Pradesh

Reported in: 2009(5)ALT251

ORDERG. Rohini, J.1. This Civil Revision Petition is directed against the order dated 23-07-2008 made in E.P. No. 129 of 2006 in O.S. No. 9 of 2004 on the file of the Court of Junior Civil Judge, Hindupur directing arrest of the revision petitioner in execution of the decree dated: 02-03-2006 in O.S. No. 9 of 2004.2. The facts, in brief, are as under:The respondent herein filed O.S. No. 9 of 2004 on the file of the Court of Junior Civil Judge, Hindupur for recovery of Rs. 45,000/-allegedly due from the defendant/revision petitioner. The said suit was decreed by judgment dated: 02-03-2006 as prayed for. Pursuant to the said decree, the respondent/Decree Holder filed E.P. No. 129 of 2006 under Order XXI, Rule 38 of the Code of Civil Procedure, 1908 for arrest of the revision petitioner/Judgment Debtor, alleging that he was evading the payment of the decretal amount. In support of the said allegations she got herself examined as P.W.1 and two more witnesses were examined as P.Ws. 2 and 3....

Vanam Sitarama Nageswara Rao Vs. N. Sambasiva Rao and ors.

Court: Andhra Pradesh

Reported in: 2010(1)ALT216

ORDERV.V.S. Rao, J.1. This Civil Miscellaneous Appeal under Section 173 of the Motor Vehicles Act, 1988 (1988 Act, for brevity) is against the award, dated 26.11.1997 in O.P. No. 434 of 1993 passed by Motor Accidents Claims Tribunal, Eluru granting a sum of Rs. 34,000/- for injuries.2. The case of appellant is as follows. On 07.03.1993, he was travelling along with his wife and fourth respondent, who was the owner of the car, in Maruti Car bearing No. AP-7-T-2588 (insured with fifth respondent) from Guntur to Kakinada. Between Chebrolu and Kaikaram, oil tanker lorry bearing No. ATW-1002 dashed against the car resulting in serious injuries to petitioner. A criminal case being C.C. No. 286 of 1993 on the file of the Additional Judicial Magistrate of First Class, Tadepalligudem, was taken cognizance of the case. He was admitted to hospital at Eluru. On 09.03.1993, he was shifted to a private hospital in Guntur, wherein his leg was operated. He was discharged on 30.03.1993. In spite of ope...