Andhra Pradesh Court November 1992 Judgments
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The Public Prosecutor, H.C. of Andhra Pradesh Vs. Pothula Narsimha Rao
Court: Andhra Pradesh
Decided on: Nov-30-1992
Reported in: 1993CriLJ2789
M.N. Rao, J. 1. This appeal by the State, represented by the Public Prosecutor, is directed against the judgment of the learned I Additional Sessions Judge, Guntur in Sessions Case No. 109 of 1991 acquitting the sole respondent herein (A-2) of the charge under Section 302 of the Indian Penal Code. Originally, two persons were prosecuted for the offence in question but by the time the case came up for trial, A1 died and so A2 alone was tried and acquitted. 2. The prosecution case as placed before the trial Court, in brief, was as follows :- On the night of 15-4-1990 at about 8.00 p.m., the deceased Kunchala Rama Rao, who was an employee of the A.P. State Road Transport Corporation, Chilakaluripet Depot, along with PWs. 2 and 3 (also employees of Chilakaluripet Depot) and some others went to the house of one Subha Rao, another employee, in connection with the marriage of the latter's sister and all of them had dinner at Subha Rao's house. When they were returning at about 9.45 p.m. at th...
Mir Qudrath Ali Khan (Alias) Nawab Qudrath Jah Vs. Muzaffar Ali Khan
Court: Andhra Pradesh
Decided on: Nov-30-1992
Reported in: 1994(1)ALT591
V. Neeladri Rao, J.1. This appeal and the cross-objections are directed against the Judgment in O.S. No. 291 of 1982 (old O.S. No. 995 of 1980) on the file of the Addl. Chief Judge, City Civil Court, Hyderabad.2. The facts which give raise to these proceedings are as under: The plaintiff is an Architect. He was engaged by the defendant for construction of Shalimar Cinema Theatre, which was originally named as Pakeezah. Ex.A-1 agreement dated 7-10-1977 was executed by the plaintiff ,and defendant. The material terms of the said agreement are as follows:'1. We shall render you the complete services for execution of above project namely:(a) Preparation of complete set of architectual designs/drawings;(b) structural Engineer's services i.e., designing of R.C.C. and other structural members;(c) preparation of estimates and tender documents;(d) calling of tenders and submission of comparative statements;(e) Co-ordination between you and all contractors/agencies;(f) supervision and quality ch...
Bangari Rajam Vs. Dasari Sattamma and ors.
Court: Andhra Pradesh
Decided on: Nov-30-1992
Reported in: 1994(1)ALT643
ORDERA. Lakshmana Rao, J.1. As these two appeals arise out of the common order of the learned single Judge, they are disposed of by this common Judgment.2. One by name, Dasari Narayana died as a result of the accident while he was travelling in the lorry API 1671 belonging to the Singareni Collieries company Ltd., The accident took place on 16-10-1984 at about 9 A.M. At the time of the accident, Sri Bangari Rajam, Appellant in L.P.A.No. 264 of 1992 was driving the vehicle. There is no dispute that Bangari Rajam was the employee of Singareni Collieries Company Ltd., at the time of the accident and he was authorised by the Singarani Collieries Company Ltd., to drive the lorry API 1671. On the basis of the evidence of P.W. 2 and Exs. A-1 and A-2, the Motor Accidents Claims Tribunal held that the accident was caused due to the rash and negligent driving of the vehicle by Bangari Rajam.3. The claimants were the mother, the wife and the minor son of the deceased Dasari Narayana. The Singaren...
M/S. Jyothi Krishna Engineers Vs. State Bank of Hyderabad, Rep. by the ...
Court: Andhra Pradesh
Decided on: Nov-27-1992
Reported in: AIR1993AP327
ORDER1. This writ petition has been filed for a direction to the respondent to declare that the petitioner's bid is the lowest and the work of construction of branch building at Latur should be allotted to it by the issuance of a mandamus.2. In response to a tender notice issued by the respondent, the petitioner submitted its tender. Sealed tenders were invited for the construction of the branch building of the respondent at Latur, Latur District, Maha-rashtra State. Tender notice prescribed the last date for submitting the tender documents as 27-7-1992. Accordingly, the petitioner submitted its tender on the said date together with earnest money deposit for a sum of Rs. 63,260/- in the form of 'Term Deposit Receipt'. According to the petitioner it was a regular tenderer for State Bank of Hyderabad and awarded work on earlier occasions andon all the earlier occasions, earnest money deposit was made by it in the form of 'Term Deposit Receipt'. According to the affidavit filed in support...
T.K. Kodandaram Vs. the State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Nov-27-1992
Reported in: 1993CriLJ1926
ORDER1. This is an application, filed under S. 482 of Code of Criminal Procedure (for short Cr.P.C.) praying to quash the proceedings connected with the order dated 25-1-1989 in S.C. (SR) No. 138 of 1989 on the file of the Metropolitan Magistrate, Secunderabad and consequently the F.I.R. dated 25-1-1989 in Crime No. 23 of 1989 of Marredpally Police Station, Secunderabad. 1A. Sri T. K. Kodandaram, the party in person urged the following two contentions : (1) Unless the complainant is examined under S. 200, Cr.P.C., the learned Magistrate cannot refer the case to the police for investigation, so the order dated 25-1-1989 referring the complaint to police is illegal and all consequential proceedings are liable to be quashed. (2) The action of the Station House Officer, Marredpally Police Station, Secunderabad, (third respondent herein) in registering the complaint is illegal as a private complaint cannot be converted into a police case under S. 190(1)(b), Cr.P.C., so the F.I.R. issued by...
M/S. Hyderabad Sheet Metal and Allied, Industries Vs. M/S. Industrial ...
Court: Andhra Pradesh
Decided on: Nov-26-1992
Reported in: AIR1993AP213
ORDER1. The Award dated 4-6-1988 passed by the 3rd respondent acting as Arbitator under Section 62 of the Andhra Pradesh Co-operative Societies Act, 1964 (hereinafter, referred to as 'the Act') has been question in this writ petition. By that Award, the Co-operative Industrial Estate Ltd., Balanagar, Hyderabad (2nd respondent herein) was directed to take over the plot of 6,000 sq.ft. in B-l unit which was in possession and enjoyment of the first respondent since 7-8-1979 and to allot the same to the 1st respondent under Clause 24 of the deed of Agreement of lease-cum-sale.2. The relevant facts are these : The petitioner herein, M/s. Hyderabad Sheet Metal & Allied Industries was allotted plot No. B-l of an extent of 2620 sq. meters in the Co-operative Industrial Estate, Balanagarfor the establishment of its factory under a deed of agreement of lease-cum-sale dated 19-6-1973. After setting up its factory, the petitioner let out a portion of the said plot admeasuring 6000 sq. ft. to the 1...
The Assistant Commissioner, Hindu Religious and Charitable Endowments ...
Court: Andhra Pradesh
Decided on: Nov-25-1992
Reported in: 1994(2)ALT190
P. Venkatarama Reddi, J.1. This appeal and cross-objections arise out of the judgment and decree of the learned Additional District Judge, Krishna, at Machilipatnam in O.S. No.l of 1977. The said suit was filed for setting aside the order dated 4-11-1975 of the Deputy Commissioner, Endowments, Vijayawada in O.A.No.95 of 1973 and to declare that it is a private property of the plaintiff and the 8th defendant. The Deputy Commissioner, Endowments passed the order under Section 77 of the A.P. Chairtable and Hindu Religious Institutions and Endowments Act, 1966 (hereinafter referred to as' the Act'). One Sri Veerabhadraiah, who was the third defendant in the suit was the applicant before the Deputy Commissioner of Endowments. The said application was filed under Section 40 of the Act to modify the entry in the property register according to which the suit schedule property was shown as a part of registered endowment by name, Sambasiva Annadana Satram at Chilakalapudi. The application was re...
Pandu Karnudu Vs. Volek Koya Bangala Raju
Court: Andhra Pradesh
Decided on: Nov-25-1992
Reported in: 1993(1)ALT535
ORDERRadhakrishna Rao, J.1. Whenever a Caveat has been filed, it is the duty of the Court to see that the Caveator has to be issued a notice, without hearing the caveator, it is neither desirable nor permissible for the court to pass an interim order. In this case, a caveat has been filed much prior to the filing of the appeal. The lower Court passed an interim order without hearing or giving an opportunity to the caveator. In cases where a caveat has been filed, and it was not placed before the court at the time of hearing the case, it is the duty of the Presiding Officers to take appropriate action against the concerned clerk for not bringing the caveat to the notice of the court. In this case eventhough a caveat has been filed, the other side was able to get an order and the crop has been taken away, and the mischief has already been achieved either by the negligence of the staff or by the part played by the respondents herein at the time of obtaining the order. Hence the lower Cour...
The State of Andhra Pradesh Rep. by the Superintending Engineer and or ...
Court: Andhra Pradesh
Decided on: Nov-25-1992
Reported in: 1993(1)ALT242
M.N. Rao, J.1. Against the judgment of a learned single Judge K. Ramaswamy, J. (as he then was) allowing Writ Petition No. 9797/83 (V. Raghunadha Rao v. State of A.P and Ors.), 1988(1) ALT 461 declaring certain Preliminary Specifications of the Andhra Pradesh Detailed Standard Specifications as unconstitutional this appeal was preferred by the State of Andhra Pradesh.2. The sole respondent herein is a registered Class-I Contractor, formerly designated as A-Class Contractor. For all Government works of the value of more than Rupees Fifteen Lakhs only Class-I Contractors are eligible to submit tenders. Among other conditions for registration as .Class-I Contractor solvency to the extent of Rupees Two Lakhs is a necessary pre-condition. In respect of the construction work 'Ogee Spillway from Chain 91.45 to Chain 110 of Taliperu Project at Pedamidisileru village, Khammam District' a notification was issued by the Government of Andhra Pradesh on 29-9-1977 inviting tenders. The tender schedu...
Challaram and Co. Rep. by Its Proprietor, D. Challa Rao Vs. Pragallapa ...
Court: Andhra Pradesh
Decided on: Nov-24-1992
Reported in: 1994(2)ALT71
ORDERG. Radhakrishna Rao, J.1. Both the Courts found that the bona fide plea of the party that he requires it for his business purpose has been accepted. Now, it has been contended that the only statement that has been made in the re-examination has been taken into consideration to find out that there is financial assistance for him. What all that can be proved is that he has got the intention to run the business and that intention must be real and bona fide and the mere allegation, by itself, is not sufficient. With regard to the intention that has been made by him, he has stated in the chief-examination itself as a witness. But, however, in the re-examination, it has been mentioned about the financial assistance as to how he was able to get the financial assistance by selling jewels of his mother. The probable assistance that may be available from the sale of jewellery has also been spoken to by him. It is not necessary that a particular amount was made available as on the date of fi...
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