Andhra Pradesh Court February 2009 Judgments
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Ageer Dasaratham and anr. Vs. Joint Collector and ors.
Court: Andhra Pradesh
Decided on: Feb-24-2009
Reported in: 2009(3)ALT103
ORDERGopala Krishna Tamada, J.1. Petitioners are the sons of Ageer Sri Ramulu and they along with their brothers are entitled to the property owned by their father late Sri Ramulu. However, on an application given by Ageer Srinivasulu one of the brothers of the petitioners, the second respondent i.e. Revenue Divisional Officer, Mahabubnagar without causing any detailed enquiry issued Occupancy Right Certificate in Form II of the A.P. (Telangana Area) Abolition of Inams Act 1955 (for short 'the Act'). Questioning the issuance of the said Occupancy Right Certificate, petitioners preferred an appeal before the first respondent-Joint Collector, Mahabubnagar and in the said process as there was a delay they also filed an application. However, the first respondent rejected the said appeal. Hence this revision under Article 227 of the Constitution of India.2. The brief facts are that Ageer Sri Ramulu is having five sons and during his lifetime he owned lands admeasuring Ac.9.00 and Ac. 2.35 i...
V. Raju Vs. the Commander Works Engineer, Military Engineering Service ...
Court: Andhra Pradesh
Decided on: Feb-24-2009
Reported in: 2009(4)ALT158
ORDERGhulam Mohammed, J.1. This writ petition is filed challenging the order dated 03.10.2008 passed by the Central Administrative Tribunal, Hyderabad in O.A. No. 549 of 2007, whereunder the relief sought for by the petitioner for reinstatement into service was negatived.2. The brief facts of the case are as follows:The petitioner was appointed by the first respondent to the post of Mazdoor in February, 1988 in pursuance of sponsoring of his name by the Employment Exchange. While so, the first respondent issued a Charge Sheet to him in the year 1992 alleging that he has produced a false school transfer certificate to secure employment. Based on that allegation, the first respondent passed an order dated 29.8.1994 removing him from service. On appeal, the second respondent confirmed the orders of removal, vide Order dated 08.05.1995. Challenging the same, the petitioner filed O.A. No. 818 of 1995 and the same was disposed of on 20.3.1998 observing that the punishment of removal from ser...
Tpr Marketing Pvt. Ltd. Rep. by Its Director, Mr. Naveen Chandra Pulij ...
Court: Andhra Pradesh
Decided on: Feb-24-2009
Reported in: 2009(4)ALT16
ORDERNooty Ramamohana Rao, J.1. This application has been taken out seeking appointment of an Arbitrator for resolving the disputes that have cropped up between the applicant company and the respondent company. The applicant company was carrying on marketing business at Hyderabad. The respondent is a company, having its registered office at Worli, Mumbai. A 'consignee agreement' was entered into by and between the parties on 5.8.2004 at Mumbai. The applicant is the consignee agent who holds the marketing rights for the products supplied by the respondent company. The applicant as the consignee agent is the custodian of the company's goods and should deliver those goods at the required destination as instructed by the respondent company from time to time. The applicant was required to properly store the goods, insure them on behalf of the respondent company and shall dispatch the goods to any party upon receipt of written instructions of the respondent company in that regard. The applic...
Pullella Lakshminarayana and anr. Vs. Maddimsetti Mukteswara Rao and a ...
Court: Andhra Pradesh
Decided on: Feb-20-2009
Reported in: 2009(4)ALT567
ORDER1. Heard Sri N.V. Anantha Krishna, the learned Counsel representing the revision petitioners and Sri Ch. Dhananjaya, the learned Counsel representing the first respondent.2. This Court while admitting the Civil Revision Petition on 28.05.2008, granted interim stay as prayed for in C.R.P.M.P. No. 2810 of 2008. The first respondent in the Civil Revision Petition filed C.R.P.M.P. No. 4733 of 2008 to vacate the interim stay granted in C.R.P.M.P. No. 2810 of 2008 dated 28.05.2008 aforesaid. When the vacate stay application is taken up for hearing the learned Counsel on record made a request for disposal of the Civil Revision Petition itself and hence, this Court had taken up the Civil Revision Petition for final hearing and the same is being disposed of.3. The Civil Revision Petition is filed against an order, dated 03.05.2008 made in O.S. No. 158 of 2005 on the file of the Senior Civil Judge, Amalapuram. At the time of marking document, dated 01.10.1980, an objection was taken on the ...
Kakinada Municipality Rep. by Its Commissioners Vs. Employees State In ...
Court: Andhra Pradesh
Decided on: Feb-20-2009
Reported in: 2009(3)ALT623; (2010)ILLJ407AP
P.S. Narayana, J.1. Kakinada Municipality, represented by its Commissioner, filed the present civil miscellaneous appeal under Section 82(2) of the Employees State Insurance Act, 1948 (hereinafter in short referred to as 'the Act' for the purpose of convenience) challenging the order made in E.I.C. No. 10 of 2002, dated 02.12.2005, made by the Employees' Insurance Court and Chairman, Industrial Tribunal-I, Hyderabad.2. On 10.3.2006 this Court made the following order:Admit for the substantial question of law-Whether a statutory body, like a Municipality, under the A.P. Municipalities Act, is covered by the provisions of the E.S.I. Act, particularly, in view of the judgment of the Supreme Court in Municipal Committee, Abohar v. Regional Commissioner : (1996) 7 SCC 488?This Court in C.M.P. No. 394 of 2006 granted interim stay on the aforesaid date, 10.3.2006.3. Sri S. Nageswara Reddy, learned Counsel representing appellant had taken this Court through the grounds of the civil miscellaneo...
Bokka Nagendra and ors. Vs. Kotta Reddiyya and anr.
Court: Andhra Pradesh
Decided on: Feb-20-2009
Reported in: 2009(15)ALT610
ORDERP.S. Narayana, J.1. Heard Sri Babji, the learned Counsel representing Sri Sitaram Chaparla, the learned Counsel representing the revision petitioners.2. It is stated that the respondents had been served and none represents them.3. This Court, while ordering notice before admission, on 26.12.2008, granted interim stay for a limited period and the same was further extended for a further limited period.4. Sri Babji, the learned Counsel representing Sri Sitaram Chaparla, the learned Counsel representing the revision petitioners, had taken this Court through the impugned order under challenge in the Civil Revision Petition and would maintain that the learned Principal Senior Civil Judge, Kowur, West Godavari District, the appellate Court had not exercised the discretion properly while deciding the application filed under Order 41 Rule 5 of the Code of Civil Procedure (hereinafter in short referred to as 'the Code' for the purpose of convenience). The learned Counsel also pointed out to...
United India Insurance Company Limited. Vs. Manduru Lakshmi Devamma an ...
Court: Andhra Pradesh
Decided on: Feb-19-2009
Reported in: 2009(3)ALT396
V.V.S. Rao, J.1. This appeal is filed by the United India Insurance Company Limited challenging the award dated 29.03.2001 in O.P. No. 170 of 1997 on the file of the Court of the Motor Accident Claims Tribunal - cum - District Judge, Srikakulam. By impugned award the learned Tribunal awarded an amount of Rs. 1,00,000/- as prayed to respondent Nos. 1 and 2 (claimants) for death of Manduru Vasudevayya.2. The accident occurred on 25.04.1983 at 6.00 pm when Vasudevayya and others were proceeding in a tractor-trailor as coolies. A lorry bearing No. OSG 245 dashed against the tractor trailor, as a result of impact, tractor-trailor fell down. Vasudevayya died on the spot. Alleging that he was earning Rs. 900/- per month and aged 45 years, the amount as stated was claimed. The insurer opposed the O.P, inter alia, on the ground that there was no negligence on the part of the lorry that the claim is exorbitant, and that O.P is barred by limitation. First claimant (wife of deceased) gave evidence...
Bhupathiraju Ravi Kumar Vs. Paluri Surya Prakasa Rao (Died) and 3 ors.
Court: Andhra Pradesh
Decided on: Feb-19-2009
Reported in: 2009(3)ALT294
ORDERP.S. Narayana, J.1. Heard Sri C. Ramachandra Raju, learned Counsel representing revision petitioner and Sri M.S. Ramachandra Rao, learned Counsel representing contesting respondent.2. This civil revision petition is filed as against an order made by the learned Senior Civil Judge, Bhimavaram, in I.A. No. 1382 of 2005 in O.S. No. 29 of 1997.3. The revision petitioner, first defendant in the said suit, filed an application I.A. No. 1382 of 2005 on the file of the Senior Civil Judge, Bhimavaram, under Section 45 of the Indian Evidence Act, 1872 (hereinafter in short referred to as 'the Act' for the purpose of convenience) praying for the relief of referring the suit promissory note, dated 16.4.1994, to handwriting expert for the purpose of comparison of signatures of promissory note with admitted signatures and for opinion of handwriting expert as to the forgery or otherwise. The learned Senior Civil Judge, Bhimavaram, having formulated the point for consideration at para 6, recorded...
Dr. A. Sudhakar Reddy S/O. Matta Reddy Vs. the A.P. State Information ...
Court: Andhra Pradesh
Decided on: Feb-19-2009
Reported in: 2010(1)ALT393
ORDERL. Narasimha Reddy, J.1. The petitioner is a Medical Practitioner. He filed an application dated 25-03-2008 before the Public Information Officer (Municipal Manager), Jagtial Municipality, the 3rd respondent herein, with a request to furnish certain information. Alleging that the 3rd respondent did not furnish the information within the time stipulated under the Right to Information Act, 2005 (for short 'the Act') the petitioner filed an appeal before the 2nd respondent, on 26-06-2008. He states that the 2nd respondent also did not take any action in the matter. Therefore, he filed a further appeal before the 1st respondent, under Sections 19 and 20 of the Act. This writ petition is filed with a prayer to declare the action of the respondents in not furnishing the information, sought for by the petitioner, in his representation dated 23-05-2008.Heard the learned Counsel for the petitioner.2. The Parliament does not appear to have anticipated the level to which, the Act would be mi...
Kambala Nagarjuna Vs. the State of A.P. Rep. by Public Prosecutor, Hig ...
Court: Andhra Pradesh
Decided on: Feb-19-2009
Reported in: 2009CriLJ2780
B. Chandra, J.1. The sole appellant filed this appeal challenging the Judgment, dated 08.08.2006 passed by the I Additional Sessions Judge, West Godavari, Eluru in Sessions Case No. 265 of 2004 by which he was convicted for the offences punishable under Section 302 and 324 IPC and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 100/- and in default of payment of fine amount, to suffer simple imprisonment for one month for the offence punishable under Section 302 IPC and further sentenced to suffer rigorous imprisonment for three months for the offence punishable under Section 324 IPC.2. The appellant hereinafter, will be referred as the accused for the sake of convenience.3. The prosecution case, in brief, is that the accused is a resident of Yernagudem Village, Devarapally Mandal, West Godavari District. The deceased is no other than the wife of the accused. They were married about 20 years back and for about 10 years they lived happily and they are blessed...
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