Andhra Pradesh Court October 1991 Judgments
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Chairman and Managing Director, National thermal Power Corporation Ltd ...
Court: Andhra Pradesh
Decided on: Oct-31-1991
Reported in: 1992(1)ALT100
ORDERIyyapu Panduranga Rao, J.1. C.R.P. No, 838 of 1990 is a revision against the order dated 6th December, 1989 in O.P.No. 166 of 1988 on the file of V Additional Judge, City Civil Court, Hyderabad appointing Sri Justice P. Chennakesav Reddi, retired Chief Justice, Gowhati High Court as sole arbitrator to adjudicate the disputes between the parties. Similarly C.R.P.No. 839 of 1999 is a revision against the order dated 6th December, 1989 in O.P.No. 167 of 1988 on the file of the V Addl. Judge, City Civil Court, Hyderabad appoint Sri Justice P. Chennakesav Reddi, retired Chief Justice, Gowhati High Court as sole arbitrator to adjudicate the disputes between the parties.2. Since the parties in both the revisions are the same and since the points that arise for consideration in both the matters are also similar, both matters are heard together and they will be disposed of by a common judgment.3. The points that arise for consideration in both the revisions are-1) Whether the arbitration c...
Dr. Ganni Bhaskara Rao Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Oct-31-1991
Reported in: 1992(1)ALT475
ORDERRadha Krishna Rao, J.1. This Criminal Petition is filed to quash the proceedings in C.C.No. 245/ 91 on the file of the III Additional Judicial First Class Magistrate, Rajahmundry, so far as against the petitioner herein. The allagation made against him is that is a Doctor and he admitted a patient in the hospital and did not intimate the same to the Police as required under the rules and so he is liable is for punishment for an offence under Section 201 I.P.C. it is a fact that A-1 admitted the patient in his nursing home and did not report to the Police for about one day. The admission was on 10-2-1991 and on the information given from the hospital on 11-2-1991 itself the Sub-Inspector of Police, III Town Police Station rushed to that hospital. This shows that A-1 had informed the Police within 4 hours and that within 24 hours the had informed the police within 4 hours and that within 24 hours the concerned Police were on the job. It is contended that this is a private hospital. ...
Ananta Vs. P. Govindaswamy and anr.
Court: Andhra Pradesh
Decided on: Oct-30-1991
Reported in: 1992(1)ALT46
Eswara Prasad, J.1. The petitioner is the tenant of the premises on a monthly rent of Rs. 250/The respondents filed R.C.C. No. 4 of 1987 in the court of the Principal District Munsiff-cum-Rent Controller, Srikalahasti, for the eviction of the petitioner on the ground that he committed wilful default in the payment of the rent and also on the ground that the respondents bonafide require the premises for their personal occupation. On both the grounds the Rent Controller found in favour of the respondents and ordered eviction of the petitioner. On appeal filed by the petitioner in C.M.A.No. 25/89, the Rent Control Appellate Authority cum-Subordinate Judge. Srikalahasti differred from the Rent Controller on the question of wilful default in payment of rent and held that there is no wilful default. The learned Judge found that the respondents failed to make out a case of personal requirement but held that the respondents need the premises for their additional accommodation. In that view of ...
Katta Nageswara Rao and anr. Vs. Reddi Saraswathi and ors.
Court: Andhra Pradesh
Decided on: Oct-29-1991
Reported in: 1992(1)ALT256
N.D. Patnaik, J.1. This appeal is filed by the plaintiffs in O.S. No.1792 of 1981 in the Court of the I Additional District Munsif Guntur. They have filed the suit for declaration and for consequential injunction and also for mandatory injunction. The trial court dismissed the suit. Aggrieved by that Judgment, they filed an appeal A.S. No.54 of 1986 before the District Court, Guntur. The appeal was dismissed by the III Addl. District Judge, Guntur by his Judgment dated 22-7-1991.2. The substantial question of law raised by the appellants in the Second Appeal is that the Judgment of the Appellate Court i.e., the III Additional District Judge, Guntur is not in accordance with the provisions of Order'41, Rule 31 CPC, and therefore it is not a Judgment in the eye of law.Order 41, Rule 31 CPC reads as follows:-'The Judgment of the Appellate Court shall be in writing and shall state-(a) the points for determination; (b) the decision thereon; (c) the reasons for decision; and (d) where the de...
B.Ch. Gopala Rao Vs. the Joint Collector and ors.
Court: Andhra Pradesh
Decided on: Oct-29-1991
Reported in: 1992(1)ALT523
ORDERBhaskar Rao, J.1. This writ petition gives rise to an important question of law relating to the exercise of power by the Joint Collector while disposing of an appeal that arose from the order of the Sub-Collector. The issues involved in this writ petition are, (i) whether the appellate authority exercising quasi judicial powers can call for remarks of the subordinate officers against whose orders the appeal is pending, and (ii) whether consideration of the remarks so submitted would vitiate the order rendered by the appellate authority.2. The facts of the case in brief are: The petitioner is a fair-price shop dealer. The third respondent herein Mandal Revenue Officer, Vijayawada, visited the shop of the petitioner and sent up a report to the 2nd respondent herein Sub-Collector, Vijayawada, alleging certain irregularities. The second respondent, basing upon the report of the third respondent, passed an order on 3-10-1990 tentatively suspending the authorisation of the petitioner. A...
Jinkala Suresh @ Anand Vs. the State of A.P.
Court: Andhra Pradesh
Decided on: Oct-29-1991
Reported in: 1992(2)ALT30
Radhakrishna Rao, J.1. Charge has been framed against the accused 1 to 4 alleging that they were responsible for the cause of the death of the deceased. P.Ws.1 to 6 were examined on behalf of the prosecution and documents, Exs.P.1 to P.6 are marked for the prosecution and Exs.D-1 to D-5 were marked for the defence. Ultimately, the Court came to the conclusion that a case has been made out against A-1, i.e., the husband for the offence under Section 304-B I.P.C. and convicted and sentenced him to undergo rigorous imprisonment for a period of 7 years which is the minimum sentence under Section 304-B I.P.C. It is against that conviction and sentence, the appeal has been filed.2. Sri P.Raghava Reddy, the learned counsel for the appellant, contended that the death in this case cannot be attributed to the act that has been committed in any form by the husband and the deceased might have committed suicide on her own and the reasoning that has been given by the lower Court in convicting the ac...
Koppala Sanyasi Vs. the Revenue Divisional Officer and ors.
Court: Andhra Pradesh
Decided on: Oct-29-1991
Reported in: 1991(3)ALT503
ORDERBhaskar Rao, J.1. In this writ petition the important question that arises is, whether the Mandal Revenue Officer is competent and having jurisdiction to issue authorisation to fair price shops and establishments under the provisions of the A.P. Scheduled Commodities (Regulation of Distribution by Card System) Order, 1973.2. The Writ petitioner is the permanent dealer appointed under the provisions of the A.P. Scheduled Commodities Order, 1973 and while so by the impugned order dated 21-10-1991 the Mandal Revenue Officer, Anakapalle, on the ground that some inquiry is pending against the petitioner in the matter of alleged transportation of two bags of sugar, has authorised the 3rd respondent herein to distribute the scheduled commodities to the card-holders covered by the shop of the petitioner until further orders and consequently directed the concerned officer to allot the stocks of scheduled commodities to the 3rd respondent instead of the petitioner for purposes of distributi...
Gandhi Vs. State Government of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Oct-28-1991
Reported in: 1991(3)ALT431
ORDEREswara Prasad, J.1. The petitioner, who is a teacher, filed this petition for anticipatory bail apprehending arrest for his alleged complicity for having caused the death of one Viswam. He earlier moved this court for anticipatory bail in Crl. Petition No. 1529/91 after a similar application filed by him in Crl. Petition No. 1295/91 was rejected by the First Additional Sessions Judge, Chittoor. This court rejected Crl;. Petition No. 1529/91. He filed the present application stating that there were changed circumstances, justifying the filing of the second application for anticipatory bail.2. The matter had earlier come up before my learned brother Justice Iyyapu Pandurangarao on 15-10-91 and the learned Judge directed that the matter may be placed before the Hon'ble the Chief Justice for orders with regard to the posting of the matter before a Division Bench or before another learned single Judge. The matter has come up before me, as referred to above.3. The learned Public Prosecu...
Donthi Reddi Chinna Gangireddy and ors. Vs. the State of Andhra Prades ...
Court: Andhra Pradesh
Decided on: Oct-25-1991
Reported in: 1992CriLJ1049
ORDER1. This is an application under S. 439, Cr.P.C. filed by A-1, A-2, A-7 and A-12 in Sessions Case No. 220 of 1990 on the file of the I Additional Sessions Judge, Cuddapah praying this court to release them on bail. 2. Earlier also the petitioners filed applications for bail before the Sessions Court, Cuddapah and also before this court but the same were dismissed. A perusal of the order of the Court below shows that as many as five applications have been filed by the petitioners with a similar request and the same were rejected. Now as the things stand to-day, the Sessions Case was posted for trial on 16-9-1991 but the case was adjourned to 11-11-1991 because the examination of the prosecution witnesses could not be conducted as they were not present. 3. Now, in this petition, A-1 submits that he filed a nomination to contest for the Bye-election to the Lok Sabha from Cuddapah constituency and hence he may be released on bail. His further case is that all the accused persons were i...
Galla Nageswara Rao Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Oct-25-1991
Reported in: 1992CriLJ2601
ORDER1. On a charge-sheet filed against the petitioner herein in Crime No. 140 x 691 of 1988 of Nagarampalem Police Station alleging that he has committed the offences punishable u/Ss. 471 and 420 of the Penal Code, the VI Additional District Munsif, Guntur convicted the petitioner for the offences under Ss. 471 and 420 read with 511 of the Penal Code and sentenced him to suffer simple imprisonment for two years under each of the two counts but, however, directed the sentences to be run concurrently. Aggrieved by the same, the petitioner preferred an appeal to the District and Sessions Judge, Guntur. The district and Sessions Judge, Guntur confirmed the conviction of the accused, but reduced the sentence of imprisonment from two years under each count, to one year under each count, and also directed the sentences to run concurrently, Yet aggrieved by the conviction and sentence imposed against him, the accused preferred this revision. The case of the prosecution is that up to the year ...
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