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Andhra Pradesh Court July 1991 Judgments

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Jul 18 1991

Maddala Venkateswara Rao Vs. State of A.P.

Court: Andhra Pradesh

Decided on: Jul-18-1991

Reported in: II(1992)DMC95

Jagannadha Raju, J.1. This revision is filed by the three accusedwho were convicted originally by the trial Court viz., the II Additional AssistantSessions Judge, Vijayawada in SC No. 85 of 1986. They were convicted foroffence Under Section 306 IPC-abetment of suicide and Under Section 498AIPC-cruelty caused to a women by husband or relatives of husband. Theywere sentenced to suffer RI for a period of three years under each count andthey were also ordered to pay a fine of Rs. 50/- each under each count and indefault in payment of fine to suffer simple imprisonment for seven days. InCrl. Appeal No. 93/88 which was disposed of by the III Additional SessionsJudge, Vijayawada on 10-8-1990, the convictions for offences Under Sections306 and 498-A IPC were set aside and instead the accused were convictedfor an offence Under Section 304B IPC, an offence popularly known as 'dowrydeath'.2. In this revision, Sri Ella Reddy contends that the judgment of theappellate Court is vitiated because the ...


Jul 17 1991

The Executive Officer, Ttd Vs. N.S. Venugopal and ors.

Court: Andhra Pradesh

Decided on: Jul-17-1991

Reported in: 1991(3)ALT427

M. Jagannadha Rao, J.1. These three writ appeals, W.A.Nos. 557, 606 and 879 of 1989, arise out of the common judgment passed in Writ Petition Nos. 1709, 1711 and 1713 of 1987 respectively. A learned single Judge of this Court allowed these three writ petitions on the ground that the declaration under Section 6 of the Land Acquisition Act published in the gazette on 15-1 -1987 was beyond one year from the date of publication of notification under Section 4(1) of the gazette on 23-12-1985. It is against this common judgment that these three writ appeals have been preferred by the Tirumala Tirupati Devasthanams. In these three writ petitions, the date of publication of Section 4(1) notification in the gazette was 23-12-1985. The same was published in the locality on 21-12-1986 in the first two cases and on 22-1-1986 in the last case. They were published in the English Newspaper 'Indian Express' on 23-1-1986 and in the Telugu Newspaper 'Eenadu' on 3-2-1986. This is so far as Section 4(1) n...


Jul 16 1991

Ayyappa Motors Vs. District Vigilance and Enforcement Officer Vijayawa ...

Court: Andhra Pradesh

Decided on: Jul-16-1991

Reported in: [1992]84STC199(AP)

A. Lakshmana Rao, J.1. Heard the learned counsel for petitioner and the learned Government Pleader for Commercial Taxes appearing for the first respondent. 2. This writ petition is filed for the issue of a writ of mandamus declaring the letters No. 88/DV & EO/VZA/91, dated June 4, 1991, written by the first respondent to respondents 2, 3 and 4 as illegal, arbitrary and without jurisdiction, and further declaring the notice dated June 12, 1991, issued by the first respondent to the petitioner as illegal and without jurisdiction. The impugned letter dated June 4, 1991, written by the first respondent to respondents 2, 3 and 4 is in the nature of a request to cancel the sub-dealership or any authorisation granted in favour of the petitioner herein relating to the sale of Bajaj two wheelers and three wheelers. 3. Having regard to the provisions of the Andhra Pradesh General Sales Tax Act, 1957, we are not in a position to understand under what provision of that Act such a request was made ...


Jul 16 1991

P. Lakshminarayana Vs. P. Lalithamma and anr.

Court: Andhra Pradesh

Decided on: Jul-16-1991

Reported in: I(1992)DMC308; II(1992)DMC315

Jagannadha Raja, J.1. This petition is filed under Section 482 Cr. P .C. in maintenance proceedings. The. petitioner-husband claims that the order of maintenance passed in M.C. No, 41 of 1988 on the file of the Judicial First Class Magistrate, Alur, which was confirmed in Criminal Revision Petition 47 of 1990 should be set aside on the ground that in the petition filed by the wife, there is no averment to the effect that she is unable to maintain herself.2. Mr. O. Manohar Reddy, who argued the case of the revision petitioner contends that after the amendment of Section 125 of the Criminal Procedure Code, it is incumbent on the person claiming maintenance to aver that he or she is unable to maintain herself. That is the foundation of the claim and in addition to that, the petitioner should establish refusal or neglect to maintain. He relies upon three decisions in support of the argument.3. It is an admitted fact that in the petition filed under Section 125 Cr. P.C. the petitioner in th...


Jul 16 1991

G. Trilochana Rao Vs. the Principal, A.P. Residential School for Backw ...

Court: Andhra Pradesh

Decided on: Jul-16-1991

Reported in: 1991(2)ALT616

ORDERUpendralal Waghray, J.1. The petitioner herein seeks a direction to the 1st respondent to consider his case for appointment to the post of an Attender in A.P. Residential School for Backward Classes, Srisailam Project, Kurnool, for the interviews to be held without sponsoring his name by the Dist. Employment Exchange, Kurnool, the 2nd respondent. As several such writ petitions are being filed either by a single petitioner or a group of petitioners seeking similar direction against the authorities or Bodies which are a State or Instrumentality of a State within the meaning of Article 12 of the Constitution of India. I considered it appropriate 10 hear the counsel for the petitioner at some length. 2. According to the petitioner, as there are some vecancies in the said school, which is an instrumentality of the state, his case should be considered for appointment without insisting on his name being sponsored by the 2nd respondent. It is contended that the Employment Exchange Act doe...


Jul 16 1991

Kalluram Alias Munnalal Vs. the Commissioner of Endowments and ors.

Court: Andhra Pradesh

Decided on: Jul-16-1991

Reported in: 1991(2)ALT673

M.N. Rao, J.1. This writ petition has come up before us for disposal on a reference made by our learned brother Parvatha Rao, J., disagreeing with the view taken by one of us (Sivaraman Nair, J.,) in W.P. No. 1811/91 in which it was held that the power of the Commissioner of Endowments to make appointments to the posts of Executive Officers is saved by virtue of the provisions of Section 155 (2) of the A.P. Charitable & Hindu Religious Institutions & Endowments Act, 1987. (for short 'the Endowments Act, 1987') Our 'earned brother Parvatha Rao, J, was also of the view that since no rules were framed under Section 29, no appointments cou1d be made because there is a vacuum.2. In the writ petition the legality of an order dated 16-10-1989 passed by the Commissioner of Endowments in Rc. No. G3/54514/89 was questioned. In and by the above order, the Commissioner of Endowments appointed the Executive Officer of Sri Laxmi Narayana Swamy Temple, Secunderabad as Executive Officer in full additi...


Jul 16 1991

Ravuru Babu Rao Vs. General Manager, Oriental Insurance Company Limite ...

Court: Andhra Pradesh

Decided on: Jul-16-1991

Reported in: 1991(3)ALT104

ORDERSyed Shah Mohammed Quadri, J.1. The petitioner prays for a writ of prohibition restraining the respondent from proceeding further in pursuance of the order dated 31-3-1987 of the Manager, Oriental Insurance Company Ltd., Regional Office, Madras, and further directing the respondent to treat the period of suspension between 8-11-1979 and 8-3-1985 as regular and pay the salary for the period and grant such other benefits as the petitioner is entitled to.2. The petitioner was appointed as Junior Inspector, Oriental Insurance Company on 5-8-1976. In 1979 he was promoted as Grade-1 Inspector with effect from 5-8-1978. On 10-5-1979 newspapers reported the progress of cyclonic- storm and about the possibility of heavy rainfall. On 11-5-1979 the press reported that a cyclonic storm was likely to cross coast at Nellore by Friday morning and tidal waves about 2 meters above normal were expected. While he was working as probationary Inspector Grade-I, he issued two cover notes for a total su...


Jul 15 1991

Smt. Geddam Mounica Vs. K. Sudarsana Rao and anr.

Court: Andhra Pradesh

Decided on: Jul-15-1991

Reported in: 1991(2)ALT663

D.J. Jagannadha Raju, J.1. This is an appeal by the defacto-complainant against the acquittal of the accused in Criminal Appeal No. 100 of 1987 on the file of the Additional District and Sessions Judge, West Godavari. The present appellant Smt. Geddam Mounica filed a private complaint against the respondent K. Sudarsana Rao for the offences Under Sections 197, 418, 427 and 467 of the Indian Penal Code in the court of the Additional Judicial First Class Magistrate, Tadepalligudem. After following the procedure prescribed by law and after recording the evidence of P. Ws 1 and 2, the court framed charges Under Sections 167 and 427 I.P.C. against the accused. The main allegation against the accused is that the accused altered the date of appointment in the service register of the complainant from 6-9-1976 to 1-7-1977 and he did this taking advantage of the fact that Government issued G.O. 411 dated 23-4-1982 as per which untrained and unqualified teachers appointed on or after 23-4-1977 sh...


Jul 15 1991

Wadapally Venkanna @ Gadiyaram Venkanna Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Decided on: Jul-15-1991

Reported in: 1991(3)ALT262

Iyyapu Panduranga Rao, J.1. The sole accused in Sessions Case No. 236 of 1989 on the file of the Sessions Judge, Nalgonda is the appellant. He was tried for the offence under Section 302 I.P.C. and was sentenced to suffer imprisonment for life.2. The gravamen of the charge against him is that on 9-8-1989 at about 3 P.M. at Ambedkar Nagar Colony, Suryapet, the appellant is alleged to have caused the death of one Kancherla Venkatamma (hereinafter referred to as 'the deceased') by pouring kerosene on her and setting fire to her.3. The prosecution case in brief is as follows: The appellant and the material prosecution witnesses are residents of Ambedkar Nagar, Suryapet. The deceased was also a resident of Ambedkar Nagar, Suryapet. The deceased was the second wife of P.W-1. The appellant is a watch repairer. About four or five months prior to the incident, the deceased and P.W-1 went to the hospital of one Dr. Rama Shankar, as P.W-1 was bitter by a mad dog. While they were so proceeding to ...


Jul 11 1991

Anam Lakshmamma (Died) by R. Mangamma Vs. Anam Venkatarama Reddy and o ...

Court: Andhra Pradesh

Decided on: Jul-11-1991

Reported in: 1992(1)ALT93

Jagannadha Rao, J.1. The 5th defendant has filed this Letters Patent Appeal as the legal representatives of the 3rd defendant in O.S.No. 48/1974 on the file of Sub-Court, Kavali. The Letters Patent Appeal is filed against the concurrent judgments of the learned Single Judge and of the trial Judge by which a 1/3rd share has been granted to the respondents-plaintiffs 1 to 3 in the above said suit.2. The brief facts of the case are as follows:- The 2nd plaintiff is one Ramanamma and she is the widowed daughter-in-law of Anam Lakshmamma (D-3). She has filed the present suit along with her son and daughter who are impleaded as plaintiffs 1 and 3. She has claimed 1/3rd share in/the plaint schedule properties treating them as joint family properties. Lakshmamma (D-3) was the daughter of one Kondareddy. Lakshmamma's husband was Rami Reddy. According to the plaintiffs, Rami Reddy died some time in 1940 while according to the defendants 1, 2, 5 and others, Rami Reddy died some time in 1950. Laks...


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