Andhra Pradesh Court February 2009 Judgments
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New India Assurance Company Limited Vs. Gada Mangamma and ors.
Court: Andhra Pradesh
Decided on: Feb-19-2009
Reported in: 2009(15)ALT559
V.V.S. Rao, J.1. On 25-08-1998 one Gade Buchi Reddy was travelling in the Tractor-trailer bearing No. AP 5402 and 5403 with a load of cement for the construction of house and cattle shed in his agricultural land. Due to rash and negligent driving of the driver of the tractor-trailer the tractor turned turtle and fell into agricultural fields at Gudaguntlapalem Village, resulting in the death of Buchi Reddy on the spot. Therefore, wife, daughter and father of deceased (hereafter called, claimants) instituted O.P. No. 789 of 1998 on the file of the Court of the Motor Accidents Claims Tribunal-cum-Principal District Judge, Nalgonda, claiming an amount of Rs. 3,00,000/- towards compensation for the death of deceased. Learned Tribunal by order dated 23-06-2001 awarded a sum of Rs. 1,39,404/- to the claimants, aggrieved by which, insurer filed the present appeal.2. Placing reliance on the decision of Supreme Court in New India Assurance Company Limited v. Asha Rani : 2003 (1) ALT 35 (SC) : 2...
The Dy. Director, Esi Corporation Vs. Amrutanjan Limited Rep. by Its D ...
Court: Andhra Pradesh
Decided on: Feb-18-2009
Reported in: 2009(4)ALT127; (2009)IVLLJ167AP
P.S. Narayana, J.1. This civil miscellaneous appeal is filed under Section 82 of the Employees State Insurance Act (hereinafter in short referred to as 'the Act' for the purpose of convenience) by respondent No. 1, the Deputy Director, ESI Corporation in E.I. Case No. 41 of 2001 on the file of the Employees Insurance Court and Chairman, Industrial Tribunal-I, Hyderabad.2. Respondent No. 1 herein, Amrutanjan Limited, a company incorporated under the Companies Act, 1956, filed the said E.I. Case No. 41 of 2001 on the file of the Employees Insurance Court and Chairman, Industrial Tribunal-I, Hyderabad (hereinafter in short referred to as 'the Tribunal' for the purpose of convenience) praying for refund of an amount of Rs. 33,178/- paid by the said Amrutanjan Limited under protest and also Rs. 11,301/- paid by the said company erroneously towards conveyance and washing allowances. The Tribunal, after referring to the respective stands taken by the parties, having settled the issues, record...
K. Tukaram S/O. K. Fakira Vs. the Superintendent of Post Offices, Niza ...
Court: Andhra Pradesh
Decided on: Feb-18-2009
Reported in: 2009(5)ALT162
ORDERGhulam Mohammed, J.1. This writ petition is filed seeking a writ of Certiorari to quash the order dated 09.04.2008 passed in O.A. No. 197 of 2008 by the Andhra Pradesh Administrative Tribunal and to direct the respondents not to proceed with the departmental enquiry till disposal of the criminal case pending against the petitioner.2. The petitioner was appointed as Station Post Master, Varni, S.O. While he was working, based on a report given by the Assistant Superintendent Post Officer, Nizamabad, North Sub-Division, Nizamabad, he was suspended from service on 20.01.2007 on the ground of certain irregularities. A case in Crime No. 227 of 2006 of Varni Police Station, Nizamabad District, was also registered against him for the offences under Sections 409, 468 and 420 IPC on 31.12.2006. Thereafter, the first respondent issued a memo dated 18.10.2007 along with the statement of articles of charge to the petitioner. He made a representation dated 01.12.2007 to the first respondent se...
A. Srinath Reddy Vs. Union of India (Uoi) Rep. by Cabinet Secretary
Court: Andhra Pradesh
Decided on: Feb-18-2009
Reported in: 2009(3)ALT676
ORDERVilas V. Afzulpurkar, J.1. The petitioner, who is a resident of Nalgonda District and is also said to be a Member of the Law Society of England and Wales, and working as a Solicitor at London, United Kingdom, seeks to challenge 5th and 7th amendments to the Constitution of India, whereunder, the proviso to Article 3 of the Constitution of India was amended. Petitioner also seeks restoration of proviso to Article 3, as it existed prior to 5th amendment i.e. before 24-12-1955. The petitioner further seeks that the word 'ascertain' in the said proviso be read and interpreted as 'taking consent' of the State Legislature.2. We have heard the petitioner who appeared as party-in-person and made his submissions elaborately. We have also heard the learned Assistant Solicitor General, appearing for the Union of India, who has opposed the present writ petition on various grounds.3. Article 3 of the Constitution of India reads as follows:3. Formation of new States and alteration of areas, bou...
Srinivasa Sahu S/O Late Simhadri Sahu Vs. Central Bank of India, Chatt ...
Court: Andhra Pradesh
Decided on: Feb-17-2009
Reported in: (2009)IVLLJ185AP
ORDERB. Seshasayana Reddy, J.1. The petitioner-Srinivasa Sahu joined the 1st respondent- Central Bank of India, Regional office, Bank Street, Hyderabad in the year 1990 as Clerk cum Typist. He was promoted as Computer Terminal Operator in the year 2000 and posted at Chettabazar branch of R1-Bank. Thereafter he was transferred to Charminar Branch in August 2002 and worked there upto November, 2007. In November, 2007 he was transferred as Computer Terminal Operator to Chetta Bazar branch. Some discrepancies in the statement sent by Charminar Branch to non- banking office were noticed and investigation was taken up. It was found that the petitioner while working as a Computer Terminal Operator at Charminar Branch manipulated the reconciliation statement between Charminar Branch and non- banking office and misappropriated funds to the tune of Rs. 64,42,330/-. A complaint came to be lodged with Central Crime Stateion, Hyderabad and thereupon the Station House Officer, Central Crime Station ...
M. Subhash Chandra Bose (A-2) S/O. M. Ramanath Rao Vs. State of A.P. R ...
Court: Andhra Pradesh
Decided on: Feb-17-2009
Reported in: 2009CriLJ2397
Gopala Krishna Tamada, J.1. This Criminal Revision Case is preferred by the petitioner/A-2 against the order, dated 08.09.2008 passed by the learned Principal Special Judge for SPE & ACB Cases, City Civil Court, Hyderabad in Crl.M.P. No. 522 of 2008 in C.C. No. 49 of 2007, wherein the petition filed by the learned Special Public Prosecutor under Section 321 Cr.P.C. on behalf of the prosecution to accord permission to withdraw the case of the prosecution in respect of trap of Rs. 5,00,000/- and to treat the same as withdrawn, was dismissed.2. After investigation into Cr. No. 3/ACB-CR/2006 and also after obtaining necessary sanction, the Deputy Superintendent of Police, Anti Corruption Bureau, City Range, Hyderabad filed a charge sheet against the petitioner and another for the offences punishable under Sections 7, 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988 (for short 'the Act') read with Section 34 of Indian Penal Code (for short 'IPC') and the same was numbe...
Habeeba Babu Vs. B. Chowdesh
Court: Andhra Pradesh
Decided on: Feb-13-2009
Reported in: AIR2009AP134; 2009(3)ALT190
ORDERG. Rohini, J.1. The Revision petitioner herein is the defendant in O.S. No. 159 of 1999 on the file of the Court of the Junior Civil Judge, Hindupur.2. The suit was filed by the respondent herein for specific performance of Agreement of Sale executed by the defendant in respect of the suit schedule property. The defendant remained ex parte and the suit was decreed on 3.7.2003 as prayed for with costs with a direction to the defendant to execute a Registered Sale Deed in favour of the plaintiff after receiving balance of sale consideration failing which granting liberty to the plaintiff to get executed and registered the same through process of the Court. Pursuant thereto, the plaintiff/decree-holder filed EP. No. 72 of 2006 for execution of the decree dated 3.7.2003. The defendant/judgment-debtor appeared and at her request the E.P. was adjourned to 29.03.2007 for counter. However, she failed to appear on that day and therefore she was set ex parte on 29.03.2007. Thereafter, on 26...
Gudapati Hanumaiah Vs. Y. Lakshminarasamma and Three ors.
Court: Andhra Pradesh
Decided on: Feb-13-2009
Reported in: AIR2009AP129; 2009(3)ALT281
ORDER1. Heard the counsel for the petitioner. Though notice is served on the respondents, there is no representation on their behalf.2. Aggrieved by the order - dated 10.10.2007 passed by the court of Principal Senior Civil Judge, Kothagudem in E.P. No. 165/2005 in O.S. No. 29/2003, in dismissing the execution petition, the decree-holder filed the present revision.3. From the material available on record, it could be seen that the revision petitioner filed the suit in O.S. No. 29/2003 on the file of the Principal Senior Civil Judge, Kothagudem for recovery of an amount of Rs. 1,29,300/- along with interest and costs against the respondents herein and the suit was decreed for an amount of Rs. 1,51,113/-. The 1st respondent herein, is the mother of late Venkateswarlu and the 2nd respondent is his wife, and respondents 3 and 4 are his daughters. Venkateswarlu worked as U.D.C. in K.T.P.S. Palancha and died on 4.10.2001. Therefore, the judgment-debtors, who are the legal heirs of late Venka...
Syed Jaheer Ahamad Vs. Haji Jandamanu Yusuf Saheb (Died)
Court: Andhra Pradesh
Decided on: Feb-13-2009
Reported in: 2009(3)ALT178
ORDERG. Rohini, J.1. The Revision petitioner is the defendant in O.S. No. 21 of 2005 on the file of the Court of the Ill-Addl. District Judge (FTC), Anantapur. The said suit was filed by the 1st respondent herein for specific performance of Agreement of Sale, dated 14.10.2004, allegedly executed by the defendant/Revision petitioner. Subsequently the sole plaintiff died and the respondents 2 to 9 herein were brought on record as his legal representatives.2. The defendant/Revision petitioner filed a written statement in which the execution of agreement of sale was not disputed, but it was pleaded that the possession of the property was also delivered to the 1st plaintiff on the date of the agreement and to avoid stamp duty and registration the same was not mentioned in the agreement. It was also pleaded that taking advantage of delivery of possession, the plaintiff was postponing payment of sale consideration. During the trial, the Agreement of Sale dated 14.10.2004 was marked on behalf ...
Ch. Gopala Rao Vs. Southern Power Distribution Co. of A.P. Limited, Re ...
Court: Andhra Pradesh
Decided on: Feb-12-2009
Reported in: 2009(2)ALT625; (2009)IIILLJ524AP
ORDERB. Seshasayana Reddy, J.1. Petitioner Ch. Gopala Rao worked as Assistant Engineer, APSPDCL, Musunur, Krishna District, from 18.08.2000 to 08.03.2003. He was trapped by A.C.B. Officials for receiving illegal gratification. He came to be placed under suspension on 07.03.2003. Thereafter, the authorities revoked his suspension and posted him to the control of the Superintending Engineer/Operation/SPSPDCL/Guntur. The criminal case against the petitioner went on trail and ultimately, the petitioner came to be convicted for the offences under Section 7 and 13(1)(d) r/w.13(2) of the Prevention of Corruption Act, 1988, and sentenced to suffer rigorous imprisonment for one year and pay a fine of Rs. 1,000/-, in default, to suffer simple imprisonment for three months for the offence under Section 7 of the Prevention of Corruption Act, 1988, and rigorous imprisonment for one year and pay a fine of Rs. 1,000/-, in default, to suffer simple imprisonment for three months for the offence under S...
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