Andhra Pradesh Court October 2010 Judgments
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B. Nadamuni Chetty, S/O.Nagaiah, Vs. P. Krishna Reddy and Six Others.
Court: Andhra Pradesh
Decided on: Oct-22-2010
: This is an appeal by the third defendant questioning the judgment and decree of the lower appellate Court in A.S.No.8 of 1992 dated 28.01.1998 confirming the judgment of the trial Court in O.S.No.6 of 1987 dated 04.11.1991. 2. The first respondent herein is the plaintiff, who filed O.S.No.6 of 1987 for partition of the suit schedule properties against the first defendant - his elder brother, second defendant - first defendant's wife, third defendant - appellant herein alinee in respect of item 1 of plaint schedule and defendants 4 to 13, who are other alienees of the plaint schedule properties just like the third defendant. The defendant No.14 is one of the brothers, who joined first respondent/plaintiff in filing the suit but was later transposed as defendant No.14. For the sake of convenience, the parties herein are referred to as they are arrayed in the suit. 3. The appellant - third defendant had purchased item 1 of plaint schedule properties and in view of the fact that the disp...
Akkayapalli Coooperative House Building Society Limited Vs. the Joint ...
Court: Andhra Pradesh
Decided on: Oct-22-2010
ORDER: This writ petition is filed for a mandamus to declare the action of respondent No.1 in ordering an inquiry under Section 51 of the Andhra Pradesh Cooperative Societies Act, 1964 (for short 'the Act') vide Rc.No.4166/2010-D1, dated 11.10.2010, as arbitrary and illegal. The petitioner is a House Building Society. The Divisional Cooperative Officer, Kadapa, respondent No.2, has submitted his report, dated 06.10.2010, to respondent No.1, wherein he has pointed out that a sum of Rs.89,32,539/- was found as imbalance in between loan outstanding of loans at Housefed level and member level of the petitioner-Society. While submitting the said report, respondent No.2 has requested for instituting an inquiry under Section 51 of the Act. Placing reliance on the said report, respondent No.1 has ordered for inquiry into the affairs of the petitioner-Society by appointing respondent No.3 as Inquiry Officer. At the hearing, Sri L.J.Veera Reddy, learned counsel for the petitioner, strenuously co...
Ch.Venkata Ramana Reddy and Another Vs. the State of A.P. Represented ...
Court: Andhra Pradesh
Decided on: Oct-21-2010
ORDER: 1.The petitioners 1 and 2/A.3 and A.5 are accused of offences punishable under Sections 418, 426, 448 and 506 I.P.C. in C.C.No.526 of 2008 on the file of 4th Additional Chief Metropolitan Magistrate, Hyderabad. 2. Originally the 2nd respondent filed a private complaint before the Magistrate alleging the said offences against seven persons; and the Magistrate referred the complaint to the police for investigation under section 156 (3) Cr.P.C. Nallakunta police registered the referred complaint as case in Crime No.227 of 2007 and investigated into and after investigation, the police filed Final Report under Section 173 Cr.P.C. before the Magistrate referring the case as civil in nature. The Police served notice to the 2nd respondent simultaneously along with filing of Final Report in the lower Court. Thereupon, the 2nd respondent filed protest petition in the lower Court and it was registered as Crl.M.P.No.301 of 2008. After making enquiry into the protest petition the lower Cour...
Peripogu Lakshaiah @ Latchaiah Vs. K.Ravinder and Another
Court: Andhra Pradesh
Decided on: Oct-21-2010
: This Civil Miscellaneous Appeal arises out of the award, dated 04.02.2003, in M.V.O.P.No.545 of 2000, on the file of the Motor Accidents Claims Tribunal-cum- IV Additional District Judge, Guntur (for short 'the Tribunal'). The appellant, who sustained injuries in a motor accident, filed this appeal feeling dissatisfied with the quantum of compensation awarded by the Tribunal. As the manner of the accident and the factum of negligence are not in dispute, it is not necessary to refer to the facts leading to the accident. Taking into consideration the evidence on record, the Tribunal held that the appellant was treated in Government Hospital for about two months and in a Private Nursing Home for about one month and has also suffered permanent partial disability to the extent of 25% to 30%. The plea of the appellant that he was doing cattle business, besides attending to coolie work, was also accepted and his income was taken as Rs.2,000/- per month. The appellant's age was taken as 31 y...
Sanjeevan Naragoud Vs. M. Vasudeva Rao and Another
Court: Andhra Pradesh
Decided on: Oct-21-2010
ORDER: This Civil Miscellaneous Appeal arises out of the award dated 27.02.2003 in O.P.No.7 of 1999 on the file of the Motor Vehicle Accident Claims Tribunal-cum- Principal District Judge's Court, Medak at Sangareddy (for short 'the Tribunal'). The claimant in the O.P. is the appellant, who filed this appeal feeling dissatisfied with the quantum of compensation awarded by the Tribunal. A perusal of the record shows that no proof of service on respondent No.1, owner of the vehicle, is available. Notice was served on respondent No.2, but there is no appearance on its behalf. In view of non-service of notice on respondent No.1, the Civil Miscellaneous Appeal is dismissed qua this respondent. The appellant met with an accident on 02.06.1998 at about 8 a.m. when he was going from Himampur Village to Manoharabad. The accident was caused by a vehicle of tata sumo make bearing registration No.AP 9R 2424, which has hit the appellant near Manoharabad Village resulting in causing multiple injur...
Kanna Suryanarayana (Died) and Others. Vs. Andhra Pradesh State Road T ...
Court: Andhra Pradesh
Decided on: Oct-21-2010
: The legal representatives of the deceased Suryanarayana, a car driver, who died in an accident involving the vehicle of the respondent Corporation, filed this civil miscellaneous appeal feeling dissatisfied with the quantum of compensation awarded by the Motor Vehicles Accidents Claims Tribunal (II Additional District Judge), Guntur (for short, "the Tribunal") by its award dated 03.04.2003 in O.P.No.596 of 1999. The deceased met with the fatal accident on 01.06.1999 while driving a car. The father of the deceased, who was claimant No.1 and his widow and three children, who were respondent Nos.2 to 5 respectively, have filed the abovementioned O.P. claiming a sum of Rs.2,00,000/- as compensation. The Tribunal has, however, awarded a sum of Rs.1,20,000/- comprising Rs.90,000/- as loss of dependency, Rs.15,000/- towards loss of consortium and Rs.15,000/- towards loss of estate. At the hearing, Sri G.V.S. Mehar Kumar, learned counsel for the appellants, submitted that the Tribunal has ...
The Chairman, the Hyderabad Gymkhana, S.S.R.L.Swamy, S/O. S.Venkataram ...
Court: Andhra Pradesh
Decided on: Oct-21-2010
ORDER: The petitioners-defendants filed this revision under Section 115 of the Code of Civil Procedure, 1980 {CPC}, inter alia, seeking to assail the order dated 30.06.2007 in O.P.No.2392 of 2005 on the file of the III Additional Chief Judge, City Civil Court, Hyderabad, in allowing the petition filed under Order VII Rule 1 read with Section 26 CPC and under Section 6 of the Societies Registration Act, 2001 {"the Act" for brevity}, filed seeking declaration of the action of the defendants in terminating the Founder Membership bearing No.58 of Gymkhana Club, Banjara Hills, Hyderabad, without following due process of Memorandum of Association by issuing letter dated 13.09.2004, as null and void.The facts, in brief, which are necessary for disposal of this revision, are that, admittedly, the first respondent herein, who happened to be the petitioner in the Court below {hereinafter called as the petitioner}, is the Founder Member of the Gymkhana Club, which is a registered society under th...
The General Manager. Vs. Sri Mohd.Fareed and Another
Court: Andhra Pradesh
Decided on: Oct-21-2010
ORDER: The father of the 1st respondent (for short 'the respondent') was working as Conveyor Operator in the Singareni Collieries Company Limited, the petitioner herein. He was retired on medical grounds. There existed a facility to provide employment to the dependants of medically invalidated employees. The respondent was appointed as Badli Filler under that scheme, by order, dated 14.06.1992. The petitioner served a charge sheet on the respondent, on 12.08.1993, alleging that he submitted a fraudulent medical certificate said to have been issued to his father. The respondent submitted his explanation, denying the allegation. Domestic Enquiry was conducted and the charge was held proved. Thereafter, the petitioner passed an order, dated 02.07.1999, dismissing the respondent from service. The respondent raised an industrial dispute under Section 2-A(2) of the Industrial Disputes Act, 1947 (for short 'the Act'), before the Labour Court, Godavarikhani. It was pleaded that the charge fram...
Sivangi Aduilakshmi and Another Vs. Moturi Veeranjaneyulu and Others
Court: Andhra Pradesh
Decided on: Oct-21-2010
ORDER: This Civil Miscellaneous Appeal arises out of the award dated 13.03.2003 in M.V.O.P.No.482 of 1998 on the file of the Motor Vehicle Accidents Claims Tribunal-cum-I Additional District Judge's Court, Srikakulam (for short 'the Tribunal').The appellants are the parents of a five years old boy, by name, Sivangi Krishna (hereinafter referred to as 'the deceased'). When the deceased along with the appellants were traveling in a car bearing No.OR 05/T 0027, driven by respondent No.4, the car was hit by a lorry bearing No.AIW 9297 near Sriramanagar Village on NH5 road on 20.01.1997 at about 4.30 p.m. The said lorry was owned by respondent Nos.1 and 2 and insured with respondent No.3. The appellants have filed the abovementioned O.P. before the Tribunal for compensation of Rs.1,00,000/-. The Tribunal has held that the accident occurred on account of the rash and negligent driving of the lorry and assessed the compensation at Rs.1,80,000/-. As the appellants have restricted their claim t...
Satti Eedemma and Others Vs. Sardar Khan and Others
Court: Andhra Pradesh
Decided on: Oct-21-2010
: This Civil Miscellaneous Appeal arises out of award dated 12-12-2002 in O.P.No.768/99 on the file of Motor Accidents Claims Tribunal (Principal District Judge), at Nalgonda (for short, "the Tribunal"). The appellants filed this appeal, feeling dissatisfied with the compensation awarded by the Tribunal for the death of a person by name Venkaiah (the deceased). Appellant No.1 is the widow, appellant Nos.2 to 4 are the daughters and appellant No.5 is the mother of the deceased. Respondent Nos.3 and 4 are also the daughters of the deceased. The deceased died in a motor accident while traveling in auto bearing registration No.AP 11 U 8406, driven by respondent No.1 and insured with respondent No.2. The appellants claimed a sum of Rs.3,00,000/- as compensation. However, finding that the accident has occurred on account of rash and negligent driving of the driver of the auto, the Tribunal has quantified the compensation at Rs.1,11,400/-, with interest at 9% per annum from the date of the pe...
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