Andhra Pradesh Court July 2010 Judgments
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Eluru Sreenivasa Rao Vs, Eluru Sri Lakshmi Padmavathi @ Padmavathi
Court: Andhra Pradesh
Decided on: Jul-08-2010
The order in I.A. No.1025 of 2006 in H.M.O.P. No.156 of 2004 on the file of the Additional Senior Civil Judge, Tenali, dated 07-08-2007 allowing the petition to set aside the ex parte decree on payment of costs with reference to the provisions of Order IX Rule 13 and Section 151 of the Code of Civil Procedure, is the subject of this revision on the ground that Order IX of the Code of Civil Procedure is not applicable to the proceedings under the Hindu Marriage Act in the light of Section 28 of the said Act providing for an appeal. Sri I. Ravindra Babu, learned counsel representing Sri G. Dharma Rao, learned counsel for the petitioner and Sri S. Ravi Kumar, learned counsel representing Sri Ch. Ravindra Babu, learned counsel for the respondent are heard. The point for consideration is whether the ex parte decree under the Hindu Marriage Act cannot be set aside with reference to Order IX Rule 13 of the Code of Civil Procedure Point: It should be first noted that the impugned order in I.A....
The National Insurance Co. Ltd. Vs. Veldi Vara Laxmi W/O.Chandra Sekha ...
Court: Andhra Pradesh
Decided on: Jul-08-2010
1.This appeal arises out of an order dated 17.01.2007 passed in O.P. No.1282 of 2002 by the Chairman, Motor Accidents Claims Tribunal-cum- III Additional District Judge (FTC-II), Khammam whereby the claim petition of the respondents herein was allowed with costs by granting an amount of Rs.2,00,000/- besides the claim under Section 140 of the Motor Vehicles Act for Rs.50,000/- with interest at the rate of 7.5% per annum. 2. The facts leading to the filing of this appeal can be summarized as follows: The deceased was the driver-cum-owner of the lorry bearing No. AP-16-U-9144. On 20.05.1999, he was proceeding with his lorry with the load of iron pipes from Warangal and when he reached the outskirts of Tirumalayapalem village at 1.30 hours on R & B Road leading to Khammam from Warangal, a tractor bearing No. AP- 36-T-6802 came in opposite direction, hit the tractor, being unable to avoid the accident due to narrowness of the road and further to save the lives of the driver of the tractor ...
The Oriental Insruance Co. Ltd Vs. Goru Suryakantham and Others
Court: Andhra Pradesh
Decided on: Jul-08-2010
1.Heard Sri R. Venkat Rao, the learned counsel representing the appellant/respondent and Sri Kakarla Venkata Rao, the learned counsel representing the contesting respondents. 2.The learned counsel appearing for the appellant-The Oriental Insurance Co., Ltd., had taken this Court through the grounds specified in the grounds of the Civil Miscellaneous Appeal and would maintain that in the facts and circumstances of the case, the Civil Miscellaneous Appeal has to be allowed. 3.On the contrary, the learned counsel representing the contesting respondents, would maintain that in the light of the view expressed by the Apex Court in Tahazhathe Purayil Sarabi and others Vs., Union of India and another1, the said grounds cannot be sustained and hence, the Civil Miscellaneous Appeal has to be dismissed. 4.In the light of the submissions made by the learned counsel on record, the following points arise for consideration in this Civil Miscellaneous Appeal:- (1) Whether the findings recorded by the...
Penuguduru Srinivas Mallikarjuna Peta, Vijayawada, and Others Vs. Sree ...
Court: Andhra Pradesh
Decided on: Jul-08-2010
Sree Durga Malleswara Swamy Vari Devasthanam, Vijayawada, is visited by lakhs of pilgrims over the year. There is a practice of the pilgrims undergoing tonsure. The Devasthanam has appointed some barbers on regular basis on pay-scale, and some of them on remuneration basis, i.e., on payment of Rs.4/- per ticket. During the festival days, the rush of pilgrims would be more and it would engage quite a large number of barbers on daily basis. The petitioners claim to have been engaged as temporary barbers for the past several years. They state that at one point of time proceedings were issued appointing them on regular basis, and soon thereafter, their services were discontinued. This writ petition is filed with a prayer to declare the action of the second respondent in engaging the services of outsiders as additional tonsure workers in addition to the regular barbers, without considering the case of the petitioners, as illegal and to direct the Devasthanam to engage their services. On beh...
Valisetti Chandra RekhA.; Kota Satyanarayana Rao. Vs. Kota Kamala Devi ...
Court: Andhra Pradesh
Decided on: Jul-08-2010
Petitioners, who are respondent Nos.3 and 5 in the Domestic Violence Case No.25 of 2007 on the file of VI Additional Munsif Magistrate, Guntur for the offences punishable under Sections 18, 19 and 20 of the Protection of Women from Domestic Violence Act, 2005 (for brevity, "the Act"), filed this petition to quash the proceedings initiated against them. The petitioners cannot be punished for any offence under the Act. Only on violating the Protection Orders passed under Section 18 of the Act and Residence Orders under Section 19 of the Act, the Magistrate can proceed under Section 31 of the Act and can summon the violators to show cause why penalty for breach of the protection should not be imposed on them. Further as per Section 32 of the Act, the offence under sub-section (1) of Section 31 of the Act shall be a cognisable and non-bailable one. Before passing any orders, summons have to be served on the respondents and they can either appear before the court or can be represented by an...
Tata Krishna Kumari and Others Vs. the Secretary, Kaza Primary Agricul ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jul-08-2010
Oral Order (As per R. Lakshminarsimha Rao, Member) These two appeals emanate from the common order dated 5.12.2006 in C.C.No.75 of 2004 and C.C.No.58 of 2004 passed by the District Forum, Krishna at Machilipatnam. F.A.No.469 of 2007 is taken as the lead case. The facts of the case as stated in the complaint are that the complainants are the members of the opposite party no.1 society of which the second opposite party is the supervisor and both opposite parties no.1 and 2 are working under the control of opposite parties no.3 and 4. The first opposite party used to lend crop loans to the complainants and remit insurance premium from the loan amount sanctioned to the opposite party no.3 that in turn used to remit the amount to the opposite party no.4. The opposite partyno.4 used to obtain insurance policy covering the risk on the crops raised by the complainants in their respective fields. The opposite party no.4 had obtained insurance policy for the period from 1.4.2003 to 30.9.2003. ...
Smt Madhu Shylaja Vs. Sudershan Maternity and General Hospital Rep. by ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jul-08-2010
Oral Order (As per R.Lakshminarsimha Rao, Member) The unsuccessful complainant is the appellant. The facts leading to filing of this appeal are as under: The appellant is a postgraduate with Masters Degree in Human Resource Management and her husband, an MBA has been working in a reputed company. Both the appellant and her husband had a good status in the society. Ever since the appellant was pregnant, she was visiting the respondent no.2 hospital from 27.6.2003. The appellant complained of lower abdominal pain during 9th month of her pregnancy in the first week of March 2004 whereupon she approached the respondent no.1 hospital whose director diagnosed the problem not to be labour pains and prescribed pain killers for relief. The Director of the respondent no.1 hospital reportedly had not properly examined the appellant. On 4.3.2004 the appellant had again visited the respondent no.1 hospital complaining unbearable pain. The Director of the respondent no.1 hospital entrusted the cas...
Shyamlal Jain. Vs. Evalchand JaIn and Another.
Court: Andhra Pradesh
Decided on: Jul-07-2010
1.This is the complainant's appeal against acquittal of the accused/1st respondent recorded by the X Additional Chief Metropolitan Magistrate, Secunderabad in C.C.No.439 of 2005 by judgment dated 10.02.2009. The complainant/appellant filed complaint in the lower court against the accused alleging offence punishable under Section 138 of the Negotiable Instruments Act (in short, the Act). Most of the facts in this appeal are not in dispute. The only ground on which the lower court acquitted the accused is that the complaint was premature. 2.Thus, the only point which arises for determination in this appeal is: Whether the complaint in this case was premature. 3.The accused gave Ex.P-3 cheque dated 11.04.2005 to the complainant for Rs.15,00,000/-. It is stated to be a post-dated cheque issued by the accused after borrowing Rs.15,00,000/- from the complainant under Ex.P-1 promissory note and Ex.P-2 undertaking letter and receipt-cum-acknowledgement. When the complainant presented the chequ...
Mohd. Akber Yaseen and Others Vs. Smt. Rizwana Sulthana and Others
Court: Andhra Pradesh
Decided on: Jul-07-2010
1.This revision petition is filed by the respondent Nos. 1 to 4 in D.V.C.No.1 of 2010 on the file of VII Additional Chief Metropolitan Magistrate Court, Hyderabad, which was filed by the respondent Nos.1 to 5 herein, under the Protection Of Women From Domestic Violence Act, 2005 (in short, 'the Act'), for certain reliefs. Peculiarly, this revision petition is filed against issuing of notices to petitioner Nos.1 to 4 herein in D.V.C.No.1 of 2010. When questioned as to maintainability of this revision petition against issuing of notice, the petitioners' counsel submitted that it is well settled principle of law that revision petition lies under Section 397 Cr.P.C. as against an order of issuing summons to the accused under section 204 Cr.P.C. Section 204 Cr.P.C. deals with taking cognizance of offence in the complaint filed by the complainant and thereafter issuing either summons or warrants against the accused persons. Taking cognizance of an offence and issuing summons in a criminal ca...
Mohd. MoinuddIn Vs. the State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Jul-07-2010
1)This revision is sought to be filed by the second accused (A2) against order dated 04.03.2010 passed by the XIII Metropolitan Magistrate, Cyberabad at Lal Bahadur Nagar, by which the lower Court dismissed the petition filed by him under Section 451/457 Cr.P.C., refusing to give custody of the seized animals to him. 2)The petitioner/A2 and another (A1) are accused of offences punishable under Sections 5,6 and 10 of the Andhra Pradesh Prohibition of Cows Slaughter and Animal Prevention Act, 1977 and Section 11(1)(d) of Prevention of Cruelty to Animals Act, 1960. It is alleged that A1 and A2 used to purchase buffalos and transport the same to Chengicherla Slaughter house, where they slaughter the buffalos for meat and that A2 purchased 75 buffalo calves at Hussnabad Shandy of Karimnagar District and that on 19.02.2010, A2, who is owner of DCM van bearing No. AP 29 U 9654 was transporting the purchased buffalo calves to chengicherla slaughter house for slaughtering without any certificat...
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