Andhra Pradesh Court December 1980 Judgments
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A.P. Police Officers' Association Vs. the Collector and District Magis ...
Court: Andhra Pradesh
Decided on: Dec-31-1980
Reported in: 1981CriLJ641
ORDERJayachandra Reddy, J.1. The interesting, question which is common in the writ petition as well as in the Criminal Miscellaneous Petition, raised is whether the Collector in his capacity as the District Magistrate (Executive) can order a magisterial enquiry into the alleged torture of a person in police custody.2. The necessary facts are as follows:- One Sankaramma filed a petition before the Collector and District Magistrate, Rangareddy District, on 28-8-1980 stating that the Sub Inspector of Police, Saroornagar, had forcibly entered her house on the midnight of 25-8-1980 and tortured her and other inmates of the house. The Collector-cum-District Magistrate by his order dated 24-9-1980 directed the Revenue Divisional Officer-cum-Sub Divisional Magistrate, Hyderabad East, to conduct a magisterial enquiry into the alleged torture by the Sub Inspector of Police and the other police personnel of Saroornagar Police Station, and submit a report within 15 days. The Andhra Pradesh Police ...
United India Fire and General Insurance Co. Ltd. Vs. Pogaku Parvathamm ...
Court: Andhra Pradesh
Decided on: Dec-19-1980
Reported in: [1983]53CompCas866(AP)
1. O.P. No. 19 of 1975, on the file of the Motor Accidents Claims Tribunal, Chitoor, was filed by one Pogaku Parvathamma, wife of Venkatrayappa, Madanapalli, Chittoor District, claiming compensation of an amount of Rs. 20,000 for the injuries caused to her by reason of an accident due to rash and negligent driving of a bus, APC 6311, near Sanatorium Church of Madanapalle on August 1, 1974. 2. The petitioner's case was that she was traveling in the aforesaid bus while going to her village Chinnathippa Samudram. While the bus was proceeding to her village, it turned turtle near the Sanitarium Church, Madanapalle, when the petitioner was injured all over her forehead. Her lower tooth in the lower jaw was broken and another had become loose. The petitioner issued a notice to the bus owner, K. Narayana Reddy, and to the United India Fire and general Insurance company Ltd., Madras, on August 23, 1974, claiming the aforesaid compensation. Having received no satisfactory reply, she filed the a...
The United Fire and General Insurance Co. Ltd. Vs. P. Parvathamma
Court: Andhra Pradesh
Decided on: Dec-19-1980
Reported in: AIR1981AP227
1. O. P. No. 19 of 1975 on the file of the Motor Accidents Claims Tribunal, Chiltoor, was filed by one Pogaku Parvathamma, wife of Venkatrayappa, Madanapalle, Chittoor Dist., claiming compensation of an amount of Rs. 20,000/- for the injuries caused to her by reason of an accident due to the rash and negligent driving of a bus, APC 6311 near Sanatorium Church of Madanapalle on 1-8-1974.2. The petitioner's case was that she was travelling in the aforesaid bus white going to her village Chinnathippa Samudram. While the bus was proceeding to that village, it turned turtle near Sanatorium Church, Madanapalle, when the petitioner was injured all over her forehead. Her lower tooth in the lower jaw was broken and another had become loose. The petitioner issued a notice to the bus owner, K. Narayana Reddy and to the United India Fire and General Insurance Company Ltd., Madras on 23-8-1974 claiming the aforementioned compensation. Having received no satisfactory reply, she filed the aforesaid O...
T. Venugopal Naidu Vs. N. Tirumala Naidu
Court: Andhra Pradesh
Decided on: Dec-12-1980
Reported in: AIR1981AP238
ORDER1. The petitioner purchased the suit lands from the judgment-debtor, Balamma, under a registered sale deed on 6-7-1966 for a sum of Rs. 6,000/-. The respondent herein filed a suit O. S. No. 111/1966 for specific performance of an agreement of sale executed by the self-same judgment-debtor, Balamma, at she failed to perform her part of the contract in not executing the sale deed. He impleaded the petitioner as the 2nd defendant in the suit. The trial Court did not grant the decree for specific performance, but granted alternative remedy for damages by awarding Rs. 1,000/- towards damages and Rs. 1,000/- towards the advance amount paid by the plaintiff. The Court also created a charge over the suit lands, while granting the decree for damages. The Court also held that the sale deed executed by Balamma in favour of the petitioner was not supported by consideration and the petitioner is not a bona fide purchaser and that the lands continued to be in the ownership of the 1st defendant....
Medasetti Satyanarayana Vs. Medasetti Veeramani
Court: Andhra Pradesh
Decided on: Dec-11-1980
Reported in: AIR1981AP123
Raghuvir, J. 1. M. Satyanarayana and Veeramam the two were married in 1965. Among the four children they had, three are daughters of the age group of 12, 10, and 5 years. Their one son died. They were living separately from 1974. The husband sought for restitution of conjugal rights under Section 9 of the Hindu Marriage Act XXV of 1955 (the Act) on March 15, 1975. Earlier he received notice Ex. A-2 (January 9, 1975) and sent a reply Ex. A-3 (January 28, 1975). Soon thereafter on October 23, 1975 the District Munsif of Sriharikota at the instance of the wife ordered the husband to pay maintenance per order Ex. B-1 in M. C. No. 8 of 1975. The wife stated the above facts and resisted the petition inter alia to contend the petition is not bona fide. She averred the petition was a counterblast to defeat the order of maintenance passed on October 23, 1975. That they were living separately and the husband had deserted her.2. The spouses gave evidence. Two more persons, one each were examined ...
Karimnagar Dist. Co-op. Central Bank Ltd. Vs. Mogili Bakka Veeraiah an ...
Court: Andhra Pradesh
Decided on: Dec-08-1980
Reported in: AIR1981AP180
ORDER1. The 1st defendant, Karimnagar District Co-operative Central Bank Limited, is the petitioner. The 2nd defendant Thota Veeraiah, is a member of the Co-operative Society, Ramadugu. He was in arrears of Rs. 810/- to that Society. The Sale Officer of the 1st defendant's Bank attached the standing crops on his lands, for the arrears. It is the case of the plaintiffs that the 2nd defendant is only having 1/4th share in the lands. They filed a Claim Petition under Rule 52 of the A. P. Co-operative Societies Rules 1964, for release of the attached paddy before the Sale Officer. Later on they were informed on 7th October, 1976 that the petition was dismissed on 9th Oct., 1975. Subsequently, they filed a suit on or about 17th December, 1976 in the Court of the District Munsif, Karimnagar against the Karimnagar District Co-operative Central Bank (1st defendant) and Thota Venkaiah (2nd defendant) to recover Rs. 350/- from the 1st defendant (Co-operative Central Bank, Karimnagar) and to pay ...
Nedduri Konda Reddy Vs. Maddirala Chennaiah
Court: Andhra Pradesh
Decided on: Dec-08-1980
Reported in: AIR1981AP313
ORDERGangadhara Rao, J.1. The plaintiff. Nedduri Konda Reddy, is the petitioner. He filed the suit. O. S. No. 68/1975 against the defendant. Maddirala Chennaiah, for a specific performance on the foot of an agreement of sale. The defendant was set ex parte. Then he filed an Interlocutory Application to set aside the ex parte decree with a petition to condone the delay and it is pending. While so. his wife, Yogamnia filed a petition under Order 32. Rule 3 C. P. C. to appoint her as the guardian of the defendant on the around that the defendant was suffering from congenital mental Infirmity and now he had become completely demented, incapable of taking care of his interests. The plaintiff filed a counter stating that the defendant was not mentally infirm, he had received summons in the suit, filed an application to set aside the ex parte decree, and the present application was filed only to defeat the decree and the execution proceedings. The learned Subordinate Judge, Markapur, allowed ...
G. Pravimala Sundari Bai Vs. Guduri Premaratnam and anr.
Court: Andhra Pradesh
Decided on: Dec-05-1980
Reported in: AIR1981AP87
Jayachandra Reddy, J.1. The matter arises under the Indian Divorce Act. The wife filed a petition under Section 22 of the Indian Divorce Act (hereinafter referred to as 'the Act') seeking judicial separation from her husband on the ground that her husband was living with another woman, viz., the 2nd Respondent, and that he deserted her (the petitioner) for more than five years. The learned Chief Judge, City Civil Court, Hyderabad, who heard the petition, allowed the same and granted a decree of judicial separation as prayed for. But the learned Judge under a misconception that the decree has to be confirmed by the High Court just like a decree of dissolution of marriage, has referred the matter to this Court. Hence it has come up before us. 2. It may not be necessary to go into the facts of this case inasmuch as no confirmation of the decree is necessary by this Court. There is no provision in the Act which lays down that a decree of judicial separation made by a District Judge shall b...
B. Sambasiva Rao and anr. Vs. R.T.A., Guntur and ors.
Court: Andhra Pradesh
Decided on: Dec-04-1980
Reported in: AIR1981AP221
ORDER1. Applications were invited by the Regional Transport Authority, Guntur by a notification issued on 26-3-1977 under Sub-section (2) of Section 57 of the Motor Vehicles Act, 1939, (hereinafter referred to as the Act) for the grant of one pucca stage carriage permit to ply on the fair weather route Guntur R. T. C. Bus Stand to Perocherla Junction. In response to the said notification only one application was received from Smt V. Ramanamma, w/o S. Ch.Narasa Reddy, Guntur. The only application received was notified under Section 57 (3) of the Act inviting representations, if any. In response to this notification, Sri B. Sambasiva Rao and Sri S. Ramalingeswara Rao, the two petitioners in this writ petition and two others filed their representations requesting to issue a fresh notificationunder Section 57 (2) of the Act to enable them also to submit their applications. The first petitioner, namely, B. Sambasiva Rao, however, submitted his application for the grant of pucca permit on11-...
The State of Andhra Pradesh Vs. Parasu Kuppuswamy Chetty and Sons
Court: Andhra Pradesh
Decided on: Dec-03-1980
Reported in: [1981]48STC1(AP)
ORDERObul Reddi, C.J. 1. We are of the opinion that these four tax revision cases should be referred to a Full Bench of three Judges. Mr. D. V. Sastri, the learned counsel appearing for the State of Andhra Pradesh, the petitioner in all the cases, submitted that the decision of this Court in Konathala Audinarayana and Sons v. Commercial Tax Officer, Anakapalli ([1977] 39 S.T.C. 547), cannot be applied to the facts of these four cases. According to him, that was not a case where a Deputy Commissioner, in exercise of revisional jurisdiction under section 20(2) of the A.P. General Sales Tax Act, had restored the assessment order having regard to the Validation Act. According to him, that was only a case where an assessment has been set aside and sought to be revived by a Validation Act. He distinguishes that case by stating that after section 11 of the A.P. General Sales Tax Act was struck down by this Court in K. Venkata Ramana v. State of A.P. ([1969] 24 S.T.C. 367), revisions by the De...
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