Court : Andhra Pradesh
Decided on : Jul-15-2003
Reported in : 2004(2)ALT397
P.S. Narayana, J 1. The unsuccessful plaintiff in O.S.No. 78 of 1984 on the file of the Subordinate Judge, Nuzvid is the appellant herein. The suit being O.S.No. 13 of 1982 was originally filed on the file of the Subordinate Judge, Gudivada and subsequently the same was transferred to the court of the Subordinate Judge, Nuzvid and re-numbered as O.S.No. 78 of 1984.2. The avernments made in the plaint by the appellant-plaintiff are as follows:The plaintiff and the second defendant were the sons of the first defendant late Ramachandraiah. Third defendant is the husband of sister of plaintiff and second defendant. Plaintiff and defendants 1 and 2 have effected a partition of the joint family properties under a registered partition deed dated 29-7-1975. Since then they have been enjoying their respective shares separately. The plaint schedule land with mango garden had to the share of the first defendant in the said partition. As first defendant became very old and was not satisfied with t...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-23-2003
Reported in : 2004(2)ALT535
..... landless poor harijans by the proceedings of its chairman dt. 28-8-1973. the plaintiffs were granted ek-sal lease in an extent of ac. 1.10 cents each in section nos. 243/1, 243/3 respectively. they reclaimed the land irrigated it through a community well and were in continuous possession and enjoyment of the lands and also raised crops .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-29-2003
Reported in : 3(2005)ACC204
p.s. narayana, j.1. this civil miscellaneous appeal is filed under section 173(1) of the motor vehicles act/1988 by respondent no. 4 in o.p. no. 148 of 1998 on the file of the motor accident claims tribunal-cum-additional district judge, adilabad.2. the appellant- ..... injuries and she was shifted to government hospital, adilabad, where she succumbed to the injuries. on a report, the police of adilabad registered crime no. 66 of 1997 under sections 304-a, 337 and 338 of the indian penal code against the driver of the jeep. deceased was aged about 15 years and was hale and healthy and she was ..... company is not liable to pay the compensation. learned counsel had made elaborate submissions on this aspect and also brought to my notice the different provisions of the motor vehicles act, 1988.5. mr. harinath gutpta, learned counsel representing respondent no. 7, yet another insurance company, viz., oriental insurance company ltd., represented by its branch manager, branch office, tenali, had .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-07-2003
Reported in : 2004(1)ALD819; 2004(2)ALT152
..... he did not think it fit to impose penalty. list of documents mentions only three documents, namely, order-in-original, (2) order of the board under section 129 of the act for filing appeal and (3) explanation dated november 18, 1996 of the officer. there is no witness mentioned in the list of witnesses. so the order ..... or improper on the part of the appellant to form an opinion that imposition of penalty was not mandatory. we have noticed that patna high court while interpreting section 325, i.p.c. held that imposition of penalty was not mandatory which again we have said is not a correct view to take. a wrong ..... government servants. in glaxo laboratories (i) ltd v. presiding officer, labour court, meerut, : (1984)illj16sc , the supreme court was dealing with the interpretation of standing orders act with reference to standing order nos. 10, 16 and 30, which reads thus:'(10) drunkenness, fighting, indecent or disorderly behaviour, use of abusive language, wrongfully interfering with the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-14-2003
Reported in : 2003(6)ALD333
..... upon his inferiors. an important aspect, which needs to be noticed in such instances, is that there can be no simultaneous exercise of powers by them.14. neither section 36 nor any other analogous provision empowers simultaneous and parallel exercise of power by the concerned sho as well as the superior authorities as regards the same subject-matter. ..... superintendence, it has to be noticed that the result of investigation can be discerned only from the report that may be submitted by the police before the court under section 173 cr.p.c., on completion of the investigation. during the course of investigation, several developments are bound to take place. depending on the disclosures or the ..... he did not go out even on the date of incident and he was very much in the house at the time of the incident. he pleaded alibi. acting on the representation, the 1st respondent issued memo dated 6-1-2003 to the effect that plea of alibi is proved and instructed the 2nd respondent, the circle inspector .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-02-2003
Reported in : 2003(2)ALD93; 2003(6)ALT730
orderp.s. narayana, j. 1. the revision petitioner filed the civil revision petition under section 115 of the code of civil procedure questioning the order of the junior civil judge, prathipadu in e.a.s.r.no. 3014 of 2001 in e.p.no. 45 .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-01-2003
Reported in : 2003(5)ALD294
..... a reading of this letter, it emerges that the (company) petitioners have admitted the factum of receiving goods from the 2nd respondent for transport and withholding of the same. section 407 ipc deals specifically with the situation. it reads as under: '407. criminal breach of trust by carrier, etc. :--whoever, being entrusted with property as a carrier ..... pending in any court in pursuance of the fir. it ought to be realized that inherent powers do not confer an arbitrary jurisdiction on the high court to act according to whim or caprice. that statutory power has to be exercised sparingly, with circumspection and in the rarest of rare cases.' 11. however, exercise of power ..... ground for proceeding against the accused. (6) where there is an express legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the code or the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-10-2003
Reported in : 2003(2)ALT210; (2003)IIILLJ130AP
..... arbitrary exercise of the power. it was further contended that the premature retirement could not be used as a weapon to retire a government employee on the ground of specific acts of misconduct, thereby giving a go-bye to initiation of formal disciplinary proceedings. to substantiate these contentions, it was contended before the tribunal as well as before this court that .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-06-2003
Reported in : 2003(2)ALT665
..... proposition, i am of the considered opinion that the power of the court to order consolidation of suits clubbing of suits or joint trial of suits by exercising powers under section 151 of the code of civil procedure cannot be in any way doubted. but, however, when one of the parties are not agreeable for such a course, then the ..... the parties.7. in dasari suryanarayana v. dasari venkata subbaiah, : air1960ap75 it was held that court can order joint trial of suits in exercise of its inherent power under section 151 of the code of civil procedure. in kali charan dutt v. surja kumar mondal, 17 cal w.n. 526 it was held that an order for consolidation can be ..... have such a relief and the other party opposes for whatever reason it may be, it is always advisable and desirable that such party should make a regular application under section 151 of the code of civil procedure praying for such a relief. hence filing of memos in such cases cannot be encouraged and such practice may have to be deprecated .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-08-2003
Reported in : 2003(4)ALD96; 2003(4)ALT36
..... by the words 'residence within the state or union territory' which words mean what they say, neither more nor less. it follows, therefore, that section 3 of the public employment (requirement as to residence) act, 1957, in so far as it relates to telangana (and we say nothing about the other parts) @ page-sc 426 and rule 3 of ..... misconceived. parliament, in this, as in other matters, is supreme only in so far as the constitution makes it. where the constitution does not concede supremacy, parliament must act within its appointed functions and not transgress them. what the constitution says is a matter for construction of the language of the constitution. which is the proper construction of the ..... considered in a.v.s.n. rao v. state of a.p. : [1970]1scr115 . pursuant to an enabling provision of section 3 of the 1957 act, the a.p. public employment (requirement as to residence) rules, 1959 (for short 'the rules') were made. rule 3 of the rules posited a requirement of 'residence' prior .....
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