Andhra Pradesh Court February 2009 Judgments
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Smt. M. Aiswarya W/O P. Gopi Krishna Vs. P. Gopi Krishna S/O P.N.V. Pr ...
Court: Andhra Pradesh
Decided on: Feb-27-2009
Reported in: 2009(4)ALT23
ORDER1. These two petitions, Tr.CMP No. 585 of 2008 and Tr.CMP No. 590 of 2008, are filed by the wife and the husband respectively seeking transfer of the other's case under the provisions of Section 24 of the Code of Civil Procedure, 1908 (for brevity, 'the Code').2. The marriage of the parties was performed on 20.08.2005 at Image Gardens, Madhapur, Hyderabad. They resided together at the husband's family home at Yousufguda, Hyderabad, and thereafter in the United States of America. A daughter was born to them on 07.08.2006. The fall out in their marital relations has brought them to the present situation where they are trading cases under various provisions of law, including under the Hindu Marriage Act, 1955 (for brevity, 'the Act of 1955') and now, under Section 24 of the Code. In her affidavit filed in support of Tr.CMP No. 585 of 2008, the wife stated that she had filed O.P. No. 720 of 2008 before the Family Court, Vijayawada, seeking restitution of conjugal rights under Section ...
Shaban Shameer Basha (Died) and ors. Vs. Shaban Syed Jaffar MohiddIn @ ...
Court: Andhra Pradesh
Decided on: Feb-27-2009
Reported in: 2009(3)ALT706
S. Ashok Kumar, J.1. The appellants are the legal heirs of the Defendants 1 and 3 in OS.No.30 of 1998 on the file of the Court of Senior Civil Judge, Gooty, Ananthapur district.2. The brief facts of the case are as follows:The respondents 1 to 3 in this appeal are the plaintiffs. The plaintiffs are the sons of second defendant. The first defendant is the senior uncle of the plaintiffs. The third defendant is the junior paternal uncle of the plaintiffs and the fourth defendant is the aunt of the plaintiffs. They filed a suit for partition claiming that the plaint schedule property originally belongs to one Shaban Hajee Sarwar Saheb, who is the grand father of the plaintiffs and father of Defendants 1 to 4. The said Hajee Sarwar Saheb said to have executed registered will deed in favour of the plaintiffs on 25-12-1975 at Jammalamadugu bequeathing all his properties to the plaintiffs. The said Sarwar Saheb died on 20-2-1976 at Tadpatri. Under Mohammedan Law, the bequest is valid to 1/3rd ...
National Insurance Company Limited Rep. by Its Divisional Manager Vs. ...
Court: Andhra Pradesh
Decided on: Feb-27-2009
Reported in: 2010ACJ165; AIR2009AP142; 2009(3)ALT121
ORDERV.V.S. Rao, J.Question for determination1. When the driver of a motor vehicle covered by a policy of insurance drives vehicle involved in accident with fake licence, whether insurance company has to prove that there is 'wilful' breach of specific conditions of policy or is it sufficient to insurance company to prove that driving licence possessed by driver is fake licence by reason of which insurance company stands exonerated from its liability to indemnify owner of vehicle involved in the accident.Background facts2. The above question falls for consideration in this appeal in the following brief background of the case. Respondents 1 to 4 herein (hereafter, claimants) filed M.V.O.P. No. 248 of 1997 under Sections 140, 143A and 166 of Motor Vehicles Act, 1988 (the Act, for brevity) before Motor Accident Claims Tribunal-cum-l Additional District Judge, Guntur, claiming a compensation of Rs. 2,00,000/- as compensation for death of Dupati Koteswari (deceased). Be it noted first claima...
Bantu Lavanya Vs. Bantu Rajeshwer
Court: Andhra Pradesh
Decided on: Feb-27-2009
Reported in: 2009(3)ALT32
ORDERB. Seshasayana Reddy, J.1. This Civil Revision Petition is directed against the order dated 18-9-2007 passed in I.A. No. 567 of 2006 in O.P. No. 61 of 2004 on the file of the Senior Civil Judge, Nizamabad whereby and where under the learned Senior Civil Judge dismissed the application filed by the petitioner under Section 5 of the Limitation Act to condone the delay of 587 days caused in filing the petition to set aside the ex-parte decree dated 19-11-2004.2. The respondent herein is the petitioner in O.P. No. 61 of 2004. He filed the O.P. seeking divorce on the ground of desertion. Consequent on petitioner herein failing to appear before the Court despite the receipt of summons, the proceedings came to be conducted ex-parte and O.P. No. 61 of 2004 came to be allowed dissolving the marriage of the petitioner with the respondent.3. The petitioner herein who is respondent in O.P. No. 61 of 2004 filed petition to set aside the ex-parte decree and also filed I.A. No. 567 of 2006 under...
United India Insurance Company Limited Vs. Puligunda Vani Krishna @ P. ...
Court: Andhra Pradesh
Decided on: Feb-27-2009
Reported in: 2009(5)ALT824
ORDERV.V.S. Rao, J.1. United India Insurance Company Limited filed instant appeal aggrieved by the award, dated 29.04.1999 in O.P. No. 238 of 1998 of the Motor Accident Claims Tribunal-cum-V Additional District Judge, Tirupathi. In the impugned award, learned Tribunal awarded a sum of Rs. 5,69,068/- for the death of Muralikrishna Naidu in motor accident involving lorry bearing No. KA 03/A5. The award is challenged mainly on the ground that deceased was owner of lorry and therefore, he is not covered by third party insurance policy given by the appellant and that the Motor Accident Claims Tribunal constituted under Section 165 of the Motor Vehicles Act, 1988 (the Act, for brevity) has no jurisdiction to entertain a petition for award of compensation. In opposing the appeal, respondents 1 and 2 (claimants before the Tribunal) would urge that Muralikrishna Naidu though owner of the lorry, was driving in the lorry as owner of the goods, who was transporting sand to his Tiles Factory and th...
Oriental Insurance Company Limited Rep. by Its Branch Manager Vs. Yara ...
Court: Andhra Pradesh
Decided on: Feb-27-2009
Reported in: 2009(4)ALT151
V.V.S. Rao, J.1. Yarava Ramesh, aged about 25 years was engaged in neem seed business. He was earning an amount of Rs. 50/- per day. One Batchala Narayana was owner of oil rotary mill and was doing business in neem seeds and oil and was earning Rs. 2,000/- to Rs. 3,000/- per month. He was aged 32 years. These two persons along with some other people got into lorry bearing No. AP 04 T 1427. The lorry was insured with Oriental Insurance Company Limited, Kadapa. One Vishwanatha Reddy was owner of the lorry and Nagur Nazeer was driving lorry on 14.10.1996 when the lorry fell into pit. Ramesh, Narayana and another person died and yet another person received injuries. The wife, father and two minor children of Narayana filed O.P. No. 170 of 1997 claiming a sum of Rs. 1,62,000/-as compensation. The wife, father and two minor children of Ramesh filed O.P. No. 290 of 1997 claiming a sum of Rs. 1,28,000/-. Both the O.Ps., were filed on the file of the Motor Accident Claims Tribunal-cum-District ...
United India Insurance Co. Ltd. Vs. Nekkalla Ammathalli and ors.
Court: Andhra Pradesh
Decided on: Feb-27-2009
Reported in: 2009(15)ALT572
V.V.S. Rao, J.1. These appeals by the United India Insurance Company Limited are against two different awards in relation to same accident. Therefore, it is expedient to pass a common Judgment.2. One Nekkala Akkunaidu, who is son of respondent Nos. 1 and 2, and brother of respondent Nos. 3 and 4 in both the appeals (claimants), died in a motor accident on 24-02-1997. Claimants filed the original petitions one under Section 166 of the Motor Vehicles Act, 1988 (the Act, for brevity), and the other under Section 140 of the Act read with Rule 476 of the Andhra Pradesh Motor Vehicles Rules, 1989, before the Motor Accidents Claims Tribunal-cum-III Additional District Judge, Visakhapatnam.3. Nekkala Akkunaidu was working as a helper in the Tipper lorry bearing No. A.P.31 T 3138. On 24-02-1997 the deceased along with driver of Tipper lorry went to Tina Godowns at Malakapuram for loading the Tipper lorry with Soyabeen powder. As there was some time for completion of loading, deceased went to sl...
T. Radha Bai and ors. Vs. District Registrar and ors.
Court: Andhra Pradesh
Decided on: Feb-27-2009
Reported in: 2010(1)ALT32
ORDERL. Narasimha Reddy, J.1. The petitioners in W.P. No. 11119 of 2008, who are said to be the absolute owners and possessors of 940 square yards of land in premises bearing No. 6-4-110/B of Siddipet, entered into a development agreement with the petitioner in W.P. No. 11203 of 2008, which is a construction company, for construction of a residential complex. After construction, the petitioners presented sale deeds dated 18.07.2007 before the Sub-Registrar, 2nd respondent herein for registration. He refused to register the documents through his endorsement, dated 10.12.2007, on the ground that the Revenue Divisional Officer and the Tahsildar, Siddipet, respondents 3 and 4 herein have addressed letters to the effect that the land over which the building was constructed belongs to Government. The petitioners carried the matter in appeal before the 1st respondent. The appeal was rejected through order dated 22.01.2008. The same is challenged in these writ petitions.2. The petitioners urge...
Y. Bhaskara Raju, Railway Contractor Vs. Union of India (Uoi), Rep. by ...
Court: Andhra Pradesh
Decided on: Feb-26-2009
Reported in: 2009(3)ALT172
ORDER1. These batch of Applications are moved under Sub-sections (5) and (6) of Section 11 of the Arbitration and Conciliation Act, 1996 (henceforth referred to as 'the Act'), seeking intervention of the Designate of the Chief Justice for constituting an Arbitral Tribunal and for referring the disputes between the parties for adjudication to that Tribunal. The parties are common and the questions that fall for consideration are also common. However, the facts in A.A. No. 43 of 2008 are dealt with herein below in detail though the works awarded in the other cases are indicated in brief.2. The applicant - a Class-I contractor with the Respondent Railways, was awarded the following works by the Railways:1. A.A. No. 43 of 2008:1. TSR (P) of existing wooden sleepers including recoupment of ballast cushion and deep screening of ballast on main line in Samalkot yard. (Agreement No. 15/N/BZA/ 88, dt. 25-03-1988).2. A.A. No. 44 of 2008:Replacement of worn out lever frames and point connections ...
Recon Agrotech Limited Rep. by Its Customer Service Manager, Mr. Gudap ...
Court: Andhra Pradesh
Decided on: Feb-26-2009
Reported in: 2009CriLJ2497
R. Kantha Rao, J.1. This appeal is filed by the complainant in C.C. No. 97 of 2000 on the file of the Court of VIII Metropolitan Magistrate for Municipal Cases, Vijayawada whereby and whereunder the accused Nos. 1, 3, 4 and 5 i.e., the respondents 1 to 4 herein were acquitted of the offence under Section 138 of Negotiable Instruments Act.2. The appellant company filed a complaint under Section 138 of Negotiable Instruments Act against the first respondent/A-1 firm, Chintala Siva Krishna Prasad (A-2), the Managing Partner representing the firm, A-3 and A-4, the respondents 2 to 4 herein who are the partners of the firm under Section 138 of Negotiable Instruments Act. At the conclusion of the trial, the learned Magistrate convicted A-2, the Managing partner of the accused firm alone and acquitted A-1 firm and all the remaining partners who were figured as A-3 to A-5. The present appeal is filed by the appellant/complainant company challenging the acquittal of the accused 3 to 5 i.e., the...
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