Andhra Pradesh Court February 2009 Judgments
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S. Chenchulakshmi and anr. Vs. New India Assurance Company Limited
Court: Andhra Pradesh
Decided on: Feb-26-2009
Reported in: 2009ACJ2835; 2009(3)ALT31
ORDERV.V.S. Rao, J.1. D. Sekhar since deceased was owner-cum-driver or lorry bearing No. TN 21 4824. Lorry was insured with sole respondent herein. On 22-10-1999 while he was transporting batteries in his lorry to Amararaja Battery Factory, Karkambadi to Chennai, at about 7.00 a.m., a tanker came in opposite direction at high speed. So as to avoid head-on collision Sekhar turned lorry towards right side. As a result, lorry turned turtle. Sekhar sustained injuries and died on the spot. His wife and minor son filed claim under Section 163A of Motor Vehicles Act, 1988, claiming an amount of Rs. 10,00,000/- towards compensation. Learned Motor Accident Claims Tribunal-cum-III Additional District Judge, Tirupati, by impugned award dated 31-7-2001 dismissed M.V.O.P. No. 76 of 2000 dismissed Original Petition on the ground that owner of insured lorry is not covered under policy of insurance. This appeal is against the said finding.2. Placing reliance on latest judgment of Supreme Court in Orie...
Piginarayi Ranga Rao S/O. Chennappa Vs. the State of A.P Rep. by Publi ...
Court: Andhra Pradesh
Decided on: Feb-26-2009
Reported in: 2009CriLJ3699
ORDERB. Chandra Kumar, J.1. This Revision has been filed challenging the Judgment, dated 12.01.2004 in Criminal Appeal No. 181 of 1999 passed by the II Additional District and Sessions Judge, Fast Track Court, Prakasham Division, Ongole by which the Judgment passed by the learned Judicial Magistrate of First Class, Chirala, dated 04.10.1999 in Calendar Case No. 131 of 1997, convicting the petitioner to undergo rigorous imprisonment for six months and also to pay a fine of Rs. 2,000/-, in default, to suffer simple imprisonment for three months for the offence punishable under Section 304-A of Indian Penal Code, has been confirmed.2. The petitioner hereinafter shall be referred as 'the accused' for the sake of convenience.3. The prosecution case in brief is as follows:PW.1 - Thatikonda Venkata Subbarao is a resident of Chirala and is a bank employee. He was studying at the time of accident. The deceased Yenduri Venkata Kiran Kumar is the cousin brother of PW.1. PW.1 and the deceased were...
S. Nagabhushanam Vs. S. Rosanna
Court: Andhra Pradesh
Decided on: Feb-26-2009
Reported in: 2009(4)ALT32
ORDERP.S. Narayana, J.1. This Court ordered notice before admission on 18-11 -2008 and granted interim stay for a limited period which was subsequently extended to a further limited period.2. Sri S. Venkata Subba Rao, the learned Counsel representing respondent entered appearance.3. Heard Sri J. Janaki Rami Reddy, the learned Counsel representing the Revision Petitioner and Sri S. Venkata Subba Rao, the learned Counsel representing the respondent.4. The Civil Revision Petition is filed by the unsuccessful petitioner-plaintiff being aggrieved of an order made in I.A. No. 163/2007 in I.A. No. 212/2005 in O.S. No. 100/2005 dt.14-8-2008 on the file of the Junior Civil Judge, Nandikotkur. The said application was filed by the petitioner under Order XXVI Rules 9 and 10 read with Section 151 of the Code of Civil Procedure (hereinafter in short referred to as 'the Code' for the purpose of convenience) praying the Court to re-direct the Commissioner to re-visit the plaint schedule property and ...
B. Padmavathi Vs. Revenue Divisional Officer and ors.
Court: Andhra Pradesh
Decided on: Feb-26-2009
Reported in: 2009(3)ALT635
ORDERL. Narasimha Reddy, J.1. The petitioner was elected as President of Mandal Praja Parishad, Kodumuru Mandal, Kurnool District, in the year 2006. Respondents 2 to 13 submitted a requisition to the Revenue Divisional Officer, Kurnool, the first respondent, in Form-II of the Rules framed through G.O.Ms. No. 200, dated 28.04.1998, issued under the Andhra Pradesh Panchayat Raj Act, 1994, with a request to convene the meeting of the Mandal Parishad to discuss of motion of No Confidence against the petitioner. The first respondent issued a notice, dated 13.12.2008 in Form-V proposing to convene the meeting on 27.12.2008. The petitioner filed W.P. No. 28378 of 2008 challenging the notice, on the ground that 15 clear days is not maintained between date of notice and date of meeting. The writ petition was allowed on 29.01.2009, leaving it open to the first respondent to issue fresh notice.2. The first respondent issued notice dated 04.02.2009, proposing to convene the meeting on 27.02.2009. ...
Mohammed Fayaz Ali @ Fayaz S/O. Mahammed HussaIn Ali Vs. the Chief Sec ...
Court: Andhra Pradesh
Decided on: Feb-25-2009
Reported in: 2009(3)ALT668
ORDERA. Gopal Reddy, J.1. By means of filing this writ petition under Article 226 of the Constitution, the petitioner-alleged detenu, Mohammed Fayaz All @ Fayaz, has challenged the order of detention dt. 20-10-2008 made under Sub-section (2) of Section 3 of Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (for short 'the Act No. 1 of 1986) by the Commissioner of Police, Hyderabad City by directing the respondents to produce him and order for his release.2. Briefly stated the alleged activities of the detenu-petitioner as set out in the grounds of detention dt. 20-10-2008 are that the petitioner was habitually committing and abetting the commission of offences like attempt to murder, hurt cases using dangerous weapons, criminal intimidation, property offences and acting in a manner prejudicial to the maintenance of public order. It has been alleged that the detenu has been indulged i...
Alaknanda Hydro Power Company Ltd. Rep. by Its Director, Mr. S. Bhupal ...
Court: Andhra Pradesh
Decided on: Feb-25-2009
Reported in: 2009(3)ALT485
ORDERNooty Ramamohana Rao, J.1. This application has been moved seeking intervention for constitution of the Arbitral Tribunal and for referring the disputes that have cropped up between the parties for resolution to the said Arbitral Tribunal.2. The applicant Company is engaged in implementing a 330 MW Hydro Electric Power Project located on the river Alaknanda, at a distance of about 110 kilometers from Rishikesh Rail Head, along with Rishikesh - Badrinath National Highway No. 58. The Project aims to utilize a head of around 66m for power generation. The profile of the Project has been described in the bid document in the following manner:330 MW Shrinagar Hydro Electric Project consists of a main Dam with Diversion Tunnel on the left flank of the river Alaknanda and Intake Tunnels on right flank connected to the 2 Nos. Head Race Tunnels leading to the Supana Aqueduct discharging into Desilting Basin. The Power Channel takes off from the desilting basin which discharges into the Foreb...
Kondla Subbayamma and anr. Vs. Sub-collector and ors.
Court: Andhra Pradesh
Decided on: Feb-25-2009
Reported in: AIR2009AP141; 2010(1)ALT26
ORDERL. Narasimha Reddy, J.1. Elections to the Mandal Parishad, Devipatnam were held on 28-6-2006. The Parishad comprised of 9 territorial constituencies. The 1st petitioner and respondents 4 and 5 were elected as nominees of Telugu Desam Party. The 2nd petitioner was elected as independent. The petitioners herein were elected as President and Vice-President respectively of the Mandal Parishad.2. Respondents 4 and 5 submitted their resignation to Telugu Desam Party on 21-1-2009. One day thereafter, they along with three other members signed the notices in Form-II prescribed under the Rules published in G.O.Ms. No. 200 dated 28-4-1998 and delivered the same to the Sub-collector, Rampachodavaram, 1st respondent herein, with a request to convene a meeting of the Mandal Parishad, to express lack of confidence in the petitioners. The resolutions were carried out as scheduled.3. The petitioners submitted a representation to respondents 1 to 3 with a request to disqualify respondents 4 to 5 u...
Medasani Ramesh Babu Vs. Medasani Hymavathi and ors.
Court: Andhra Pradesh
Decided on: Feb-25-2009
Reported in: 2009(5)ALT329
P.S. Narayana, J.1. Heard Sri Ramakrishna, representing Sri V. Hari Haran, learned Counsel for appellants in all these civil miscellaneous appeals and Sri A. Narasimha Rao, representing Sri K. Ramesh Chowdary, learned Counsel representing respondents.2. C.M.A. No. 215 of 2008 is filed by the appellant as against an order made in I.A. No. 791 of 2007 in A.S. No. 202 of 2007 on the file of VII Additional District and Sessions Judge (Fast Track Court), Vijayawada.3. C.M.A. No. 216 of 2008 is filed by the appellant as against an order made in I.A. No. 792 of 2007 in A.S. No. 202 of 2007 on the file of VII Additional District and Sessions Judge (Fast Track Court), Vijayawada.4. C.M.A. No. 217 of 2008 is filed by the appellant as against an order made in I.A. No. 1134 of 2007 in A.S. No. 202 of 2007 on the file of VII Additional District and Sessions Judge (Fast Track Court), Vijayawada.5. C.M.A. No. 218 of 2008 is filed by the self same appellant as against an order made in I.A. No. 1135 of...
G. Mallaiah and anr. Vs. Govt. of A.P., Revenue Dept. and ors.
Court: Andhra Pradesh
Decided on: Feb-25-2009
Reported in: 2009(5)ALT661
ORDERL. Narasimha Reddy, J.1. These two writ petitions arise under identical circumstances. Hence, they are disposed of through a common order.2. The petitioner in W.P. No. 14000 of 2007 is the owner of the land in Survey No. 296/1 of Gudimalkapur, Hyderabad and the petitioner in W.P. No. 14026 of 2007 owns house bearing No. 5-4-284/2/A of Ranigunj, Secunderabad. Both of them intended to construct new buildings. Submission of 'No Objection Certificate' issued by the District Collector is necessary, when an application seeking permission to construct a building is made to the Municipal Corporation of Hyderabad. Therefore, the petitioners made applications to the District Collector, Hyderabad, the second respondent in both the writ petitions.3. On verification of the records, it emerged that in the Town Survey Land Records (T.S.L.R.), it was endorsed that the land belongs to the Government. The matter was examined with reference to pre-survey records and it was noticed that the entries m...
National Insurance Company Limited Vs. Smt. P. Narasamma and anr.
Court: Andhra Pradesh
Decided on: Feb-25-2009
Reported in: 2009(6)ALT385
S. Ashok Kumar, J.1. Aggrieved over the quantum of compensation awarded in W.C. No. 4 of 2004 on 22nd June, 2005 by the learned Assistant Commissioner of Labour-II, T. Anjaiah Karmika Samkshema Bhavan, RTC Cross Roads, at Hyderabad, this appeal has been filed by the appellant.2. Appellant herein is the Insurance Company-2nd opposite party and the respondents herein are the applicant-claimant and the owner of the crime vehicle-1st opposite party. The parties will hereinafter be referred to as arrayed before the Commissioner for the sake of convenience.3. The brief facts of the case are as follows:The claimant is the wife of one Venkataiah. (hereinafter referred to as 'the deceased'). The deceased was employed by the 1st opposite party as a labourer to load the timber with the help of pully-chain on his vehicle bearing No. AP 10 U 6235. On 12-1-2004, at about 5.30 p.m., while the deceased was loading the timber pieces, one of the timber pieces slipped and fell on him, due to which he sus...
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