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Andhra Pradesh Court June 2010 Judgments

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Jun 18 2010

T.Pedda Veeranna and Others Vs. P.Lakshmi Devi

Court: Andhra Pradesh

Decided on: Jun-18-2010

1.This Civil Revision Petition is directed against the order, dated 12.04.2006 passed by the Principal Senior Civil Judge, Tirupathi in I.A.No.607 of 2005 in O.S.No.301 of 2001.2. I have heard both the learned counsel appearing on behalf of the parties. 3.The impugned order relates to amendment of plaint filed under Order VI Rule 17 and Section 151 of CPC r/w rule 28 of Civil Rules of Practice by the respondent/plaintiff in a suit for partition claiming half share in the schedule mentioned property to include some more properties which are said to be liable for partition between the parties which were not discovered by the respondent at the time of filing of the suit since she was given in a marriage to a person residing in the State of Tamil Nadu and has been living there since long time. 4.The petition was opposed by the revision petitioners on the ground that the entire ancestral joint family properties were apportioned under a partition list dated 15.04.1985 and the properties soug...


Jun 18 2010

National Insurance Co. Ltd. Vs. M.Venkateswaramma and Others.

Court: Andhra Pradesh

Decided on: Jun-18-2010

1. This is an appeal filed by the Insurance Company against the Judgment, dated 29.07.1998 passed by the Motor Accidents Claims Tribunal-cum-II Additional District Judge, Nellore in O.P.No.532 of 1992. 2.The National Insurance Company Limited, Ongole, which was the third respondent before the Tribunal below is the appellant herein. The respondents claiming to be the legal representatives of the deceased Veera Prakash, who died in a motor vehicle accident occurred on 14.03.1992 filed a claim petition before the Tribunal below seeking compensation of Rs.1,75,000/-. The learned Tribunal after making an enquiry into the claim petition, partly allowed it, granting compensation of Rs.1,07,000/- with interest at the rate of 10% per annum from the date of petition till the date of realization, which award is impugned in this appeal. 3.The appellant-insurance company challenges the award on the ground that earlier there was an order passed by the Commissioner for Workmen's Compensation, Eluru i...


Jun 18 2010

Adigarla Venkata Lakshmi Vs. Adigarla Venkata Satya Sreenivasulu

Court: Andhra Pradesh

Decided on: Jun-18-2010

(Per Hon'ble Sri Justice B.N.Rao Nalla) This Civil Miscellaneous Appeal is directed against the order dated 30.10.2000 passed in O.P. No. 212 of 1992 by the learned I Additional Senior Civil Judge, Kakinada, East Godavari District, whereby the petition filed by the petitioner- husband under Section 13(1)(ia)(ib) and Section 10 of the Hindu Marriage Act, 1955 (for short "the Act") seeking divorce on the ground of cruelty and desertion was allowed. The wife preferred the present C.M.A. For the sake of convenience, the parties are referred to as they are arrayed in O.P. No.212 of 1992. The marriage of the petitioner-husband and the respondent-wife was solemnised on 28.05.1986 and consummated on 07.11.1987. On 10.01.1988, the father of the respondent-wife took her to his house for celebrating Pongal, and after the festival, she returned to the petitioner on 20.01.1988. Again, she left for her parents' house on 29.01.1988 without the petitioner's knowledge, but did not come back for about ...


Jun 18 2010

Padala Prasad and Others Vs. Padala Anandarao and Others

Court: Andhra Pradesh

Decided on: Jun-18-2010

1.This civil revision petition is filed against the orders dated 23.07.2007 passed by the Senior Civil Judge, Rajam in I.A.No.384 of 2006 in O.S.No.41 of 2006. 2.The revision petitioners, who are the third parties to the suit before the learned Senior Civil Judge, Rajam filed I.A.No.384 of 2006 under Order 1 Rule 10 CPC contending that they are necessary parties to the suit filed by the respondents 1 and 2 against the respondent No.3 for partition and that they have to be impleaded as defendants in the suit. It was submitted by them in the said interlocutory application that unless they are impleaded as defendants, they will be deprived of their rights in the schedule mentioned properties and they will be subjected to multiplicity of litigation. After making an enquiry into the said I.A., the learned trial Court dismissed the same. Feeling aggrieved, the petitioners-third parties preferred the present revision petition. 3.I have heard the learned counsel on record. 4.The respondents 1 ...


Jun 18 2010

Smt. R.Annapoorna and Others. Vs. M/S. Sharma Transports and Another

Court: Andhra Pradesh

Decided on: Jun-18-2010

1.This appeal is filed by the claimants against the award dated 01-10-2005 in O.P.No.243 of 2002 on the file of the Motor Accidents Claims Tribunal (I Additional District Judge), Mahabubnagar, seeking enhancement of compensation. 2. On 23-01-2001, while the deceased was proceeding on his scooter bearing Regn. No.AP22/C-1568, a bus belonging to the 1st respondent bearing Regn. No.KA- 01/C/6666 driven in a rash and negligent manner, dashed against the scooter, which resulted in fatal injuries, due to which the deceased succumbed to the injuries while undergoing treatment in the Government Hospital on 25-12-2001. The appellant No.1 (claimant No.1) is the wife of the deceased and appellants 2 to 4 (claimants 2 to 4) are his children. The deceased was a Head Constable at the time of his death. The appellants filed petition under Section 166 of the Motor Vehicles Act, 1988 (for brevity 'the Act') claimed compensation of Rs.10.00 lakhs. 3. The Tribunal formulated issues as to whether the acci...


Jun 18 2010

B.Seenaiah and Company. Vs. Mr Harjan and Others.

Court: Andhra Pradesh

Decided on: Jun-18-2010

1.This appeal arises out of the order dated 26.05.2001 passed by the Commissioner for Workmen's Compensation and Deputy Commissioner of Labour, Hyderabad (twin cities) in W.C.No.12 of 1998. 2.Mr. Harjan, first respondent filed a claim application before the Commissioner for Workmen's Compensation, Hyderabad (twin cities) seeking compensation in respect of the permanent disability sustained by him due to the crush injury to right leg suffered on 29.12.1992 while working on a truck bearing No. PBO-8C-9672 belonging to the second respondent, insured under a valid W.C policy with the third respondent-insurance company. 3.After making an enquiry into the claim application filed by the applicant, the learned Commissioner allowed the claim application and awarded compensation of Rs.86,764/- holding that the respondents 2 and 3 are jointly and severally liable to pay the same and directed the respondents 2 and 3 to deposit the compensation amount within 30 days from the date of the order. The ...


Jun 18 2010

Pamarthi Subba Rao. Vs. H.Rama Rao and Others.

Court: Andhra Pradesh

Decided on: Jun-18-2010

1.This is an appeal from the order, dated 04.02.1999 passed by the Commissioner for Workmen's Compensation, Eluru in W.C.No.111 of 1997. 2.Pamarthi Subba Rao, the injured workman, who was the applicant before the Tribunal preferred the present appeal challenging the order passed therein on the ground though the permanent disability suffered by him on account of the injuries sustained in the accident occurred is 50% which is partial and permanent in nature according to the doctor-PW2, who treated him and issued disability certificate, the learned Commissioner ought to have considered the disablement as total (100%) since he was not capable of discharging the duties as a workman which he was discharging prior to the accident. 3.I have heard Sri N.Subba Rao, learned counsel appearing for the appellant and Smt M.Bhaskara Lakshmi, learned counsel appearing for the second respondent- insurance company. 4.In fact, learned single judge in this matter earlier made a reference to the Division Be...


Jun 18 2010

Perisetty Subrahmanyam. Vs. the State of Andhra Pradesh and anr.

Court: Andhra Pradesh

Decided on: Jun-18-2010

1).This petition is filed by the petitioner/A-2 under Section 482 Cr.P.C., for quashing proceedings in P.R.C.42 of 2005 on the file of Additional Judicial Magistrate of the First Class, Venkatagiri relating to offences punishable under Sections 355, 306/107 IPC. 2) The deceased Salapakshi Gopi was studying Senior Intermediate course in S.B.M College, Venkatagiri in the year 2004. The 2nd respondent/defacto- complainant is father of the deceased boy. A-1, A-3 and A-8 are brothers. A-7 is son of A-8. A-9 is son of A-1. A-2, A-5, A-10 and A-11 are stated to be friends of A-11. A-4 is related to A-1. It is alleged that the deceased started teasing Gollapalli Bhargavi who is A-1's daughter studying Senior Intermediate course in the same college as that of the deceased and that on 05.08.2004 at about 11.15 hours, the deceased entered into class room of Bhargavi and threatened her by indecent words and demanded her to marry him and proclaimed that he would kill her and kill himself if she ref...


Jun 18 2010

Sadam Seetha Ramaiah Vs. Nizam’s Institute of Medical Sciences an ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jun-18-2010

(As per Sri Syed Abdullah, Honble Member) Being aggrieved by the impugned order dated 15.11.2007 passed in C. C. 6/2007 by the District Forum, Nalgonda in dismissing the complaint which was filed against the opposite parties seeking compensation for the alleged medical negligence, this appeal is filed questioning the impugned order as erroneous and sought it to be set aside directing payment of compensation as prayed for. In nutshell, the facts as stated in the complaint are that on 28.01.2005 the complainant had met with an accident which resulted an injury to his left leg. After taking initial treatment, he was referred to NIMS hospital ( OP. 1 ) where he was admitted as in-patient on payment of required charges. That on 30.01.2005 he was operated for fractured bone by doing skin grafting and then discharged on 17.02.2005. He was advised to come for check up after one month. So again on 11.03.2005 he went for check up and X-ray was taken and then Plaster Bandage was removed. By doin...


Jun 18 2010

Sri K. V. Venkata Raju Vs. the Managing Director, Auto Cars Compound a ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jun-18-2010

(As per Sri Syed Abdullah, Honble Member) Being not satisfied with the order dated 29.03.2006 passed in C. D. 1195/2004 only against OP 5 directing for payment of the amount, this appeal is filed for passing an order against all the respondents/Opposite parties fastening joint and several liability on them. The facts of the case disclose that the complainant had purchased Videocon colour T. V. set under money back scheme for Rs.13,990/- from the 5th Opposite party. As per the terms of the Scheme, the complainant had to get back Rs.8,990/- after expiry of 5 years from the date of security deposit which was made on 30.07.1998. The complainant addressed a letter to opposite parties 1 to 5 reminding them to refund the amount under money back scheme. 6th Respondent/OP. 6 saying that his name did not list in the scheme and on that a legal notice dated 12.8.2004 was sent calling upon the opposite parties for refund of the assured amount of Rs.8,990/- being the security deposit made by him. T...


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