Andhra Pradesh Court March 1992 Judgments

Tadikonda Ramulu Vs. State of A.P. and anr.

Court: Andhra Pradesh

Reported in: 1992(2)ALT437

J. Eswara Prasad, J.1. The petitioner was found guilty of the offences under Sections 307 and 376 read with Section 511 IPC, and he was convicted and sentenced to suffer Rule 1 for five years and also to pay a fine of Rs. 100/- for each of the offences by the Principal Asst. Sessions Judge, Tenali in SC No. 441/88 and CC No. 147/87 on a private complaintlodged by the Second respondent. The petitioner filed Crl.A.No. 143/ 90 in the Court of of Sessions, Guntur, against the said conviction and sentence. The learned Sessions Judge allowed the appeal, set aside the conviction and sentence and remitted the matter back to the Prl. Asst. Sessions Judge, Tenali, and restored CC No. 147/87 to file. The order of the II Addl. Munsif Magistrate Tenali in PRC No. 8/88 dated 19-12-88 was quashed. The learned Magistrate was directed to expedite the enquiry in PRC.8/88.2. The 2nd respondent filed the private complaint against the petitioner for offences under Sections 376 read with 511 and 307and 324 ...

K.R. Pentaiah and anr. Vs. Mandabad Harijana Abhivrudhi Sangam

Court: Andhra Pradesh

Reported in: 1992(2)ALT333

ORDERP.L. Narasimha Sarma, J.1. The defendants are the petitioners in this revision petition. The revision petition is filed questioning the order of the principal District Munsif, Hyderabad East and North, R.R. District in I.A.No. 499 of 1991 in O.S. No. 69 of 1990, dt. 12-12-1991. By the impugned order, the learned Judge dismissed the application filed under Order 9, Rule 13 C.P.C. for setting aside the ex-parte decree passed on 17-7-1990 in O.S.No. 69/1990. The relevant facts are as follows:2. O.S.No. 69/1990 was filed by the respondent-plaintiff for a declaration of title to the property in question and for consequential injunction restraining the defendants from interfering with its alleged possession. Summons were taken out to the defendants in the suit. The summons were served on one V. Prabhavathi on 10-2-1990. The defendants were set ex-parte on the said basis and an ex-parte decree was passed on 17-7-1990.3. The defendants filed I.A.No. 499/1991 under Order 9, Rule 13 C.P.C. ...

M/S. Krishna and Company Vs. the Govt. of A.P. and Others

Court: Andhra Pradesh

Reported in: AIR1993AP1; 1992(1)ALT603

ORDERB. Subhashan Reddy, J.1. This Writ Petition raises an important question of law as to whether the theory of frustration of contract and the consequences arising thereto can be invoked and whether the High Court can entertain such a plea and grant the relief in exercise of its extraordinary power under Article 226 of the Constitution of India.2. The facts briefly stated, thus, are :The petitioner is a Company established in the year 1981 and deals in sand quarrying operations. Pursuant to the auction held at Nalgonda on 11-5-1988, pertaining to leasehold rights of sand quarry at Jedcherla, Midgil and Timmajipet Mandals of Malia-bubnagar District, the petitioner-Company made a bid and was successful tenderer for the amounts of Rs.27,000/-, Rs.6,300/- and Rs.6,300/- respectively. The said bids were accepted and the amounts whatever due and payable were paid by the petitioner. The same was crystallised into an agreement, inter se, the petitioner and the 3rd respondent on 9-8-1988, the...

Konakalla Rama Rao Vs. Yarlagadda Venkata Subbamma and ors.

Court: Andhra Pradesh

Reported in: 1992(2)ALT226

ORDERSyed Shah Mohammed Quadri , J.1. These Civil Revision Petitions arise out of the same facts and raise the same questions of law.2. The petitioner in these revision petitions is the decree-holder in O.S.101 of 1975 on the file of the Subordinate Judge, Eluru. The said suit was filed for specific performance of the agreement for the sale of the suit property, against judgment-debtor No. 1 and his two minor sons judgment debtors 2 and 3. On 27-2-1976 the suit was decreed granting time to the decree-holder to deposit purchase money on or before 31-5-1976. However, the amount was not deposited within the period specified by the Court, but was deposited long thereafter on 29-8-1977. The decree-holder find 1 E.P.No. 160 of 1978 against all the three judgment-debtors for execution and registration of the sale-deed pursuant to the decree. Judgment-debtor No. 1 filed E.A.No. 995 of 1982 and judgment-debtors 2 and 3 filed E.A.No. 988 of 1982, in the said execution petition, under Section 28 ...

The Special Deputy Collector, Land Acquisition (General) Vs. G. Seshag ...

Court: Andhra Pradesh

Reported in: 1992(1)ALT588

Immaneni Panduranga Rao, J.1. The common question that arises for consideration in both the above revision petitions is about the availability of the additional benefits conferred under the Land Acquisition (Amendment) Act, (Act 68 of 1982) (hereinafter referred to as the 'Amended Act').2. The facts leading to the filing of the above two revision petitions are briefly as follows.The land belonging to the respondents herein was acquired for the purpose of the Andhra Pradesh Agricultural University, Rajendranagar. The Notification under Section 4(1) of the Land Acquisition Act (for short 'the Act') was issued on 20th February, 1964. The Land Acquisition Officer after inquiry, passed the award on 30-10-1971. On a reference made to the Civil Court under Section 18 of the Act, the learned Chief Judge City Civil Court, Hyderabad enhanced the compensation by his order dated 13-10-1974. The matter was carried in appeal to the High Court as well as the Supreme Court and the compensation granted...

Akhil Bharat Krishi Goseva Sangh Vs. the State Through Ps, Uppal

Court: Andhra Pradesh

Reported in: 1992(3)ALT48; 1992CriLJ2195

ORDER1. The petitioner, Akhil Bharat Krishi Goseva Sangh, is a voluntary Organisation which came forward to maintain Cattle, namely cows and calves, which became the case property in Cr. No. 149/91 of Uppal Police station, pursuant to the proceedings initiated under Ss. 5 and 10 of A.P. Cow Slaughter and Animal Preservation Act 1977. 2. 202 cows and calves were seized from various persons under the provisions of the A.P. Cow Slaughter and Animal Preservation Act, 1977 ('the Act', in short) as it was alleged that the persons from whom the cattle were seized, were acting in violation of Ss. 5 and 6 of the Act, and were going to slaughter or cause to offer them for slaughter. 3. Pending enquiry into the case, the persons claiming to be the owners of the animals filed Crl.M.P. Nos. 2638 to 2644/91 claiming interim custody of the animals under S. 451, Cr.P.C. The petitioner society also filed Crl.M.P. 2645/91 for interim custody of the cattle. The learned Addl. Judl. I Class Magistrate, Hyd...

G. Shiva Kumari Vs. Md. Nasim and ors.

Court: Andhra Pradesh

Reported in: 1992(3)ALT458

ORDERNeeladri Rao, J.1. Whether the heir of the decree-holder has to be directed to produce the succession certificate for withdrawing the amount in court deposit to the credit of the deceased decree-holder is the point that falls for consideration in this revision petition.2. The facts which are relevant are as under: Late Bhagwan Narayana, the son of the revision petitioner, sustained injuries in motor accident on 11-5-1988. He filed O.P. No. 230 of 1988 on the file of the Additional District Judge-cum- Motor Accidents Claims Tribunal, Adilabad under Section 110-A of the Motor Vehicles Act, 1939. An award for Rs. 1,30,000/- was passed as per order dated 28-4-1989. Later i.e., on 25-1-1990 Bhagwan Narayana, the son of the revision petitioner, expired. The judgment debtor i.e., the Insurance Company deposited an amount of Rs. 80,000/- in the Court to the credit of the decree-holder in O.P. No. 230 of 1988. Then I.A. No. 489 of 1990 was filed by the revision petitioner herein and her hu...

The Asstt. Engineer Electrical and Another Vs. A. Padmanabha Rao

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Lakshmanan Rao, President: 1. This appeal is directed against the order dated January 30,1991 of the District Forum, Hyderabad in CD. No. 138/90 directing the appellants herein to restore the service connection No. V-9539, which was disconnected on May 9, 1990 and to pay compensation of Rs. 1,000/- to the respondent herein. 2. The respondent herein is the complainant before the District Forum, Hyderabad. He obtained eight service connections for providing power supply to eight separate portions of the house, which belongs to him. Each service connection is covered by a separate agreement entered into with the appellants herein. Service connection No. V-8958 was being utilised by a tenant who was in occupation of one of the portions of the house. The respondent herein has been using service connection No. V-9539. He has been paying electricity charges regularly. Suddenly on May 9,1990, his service connection No. V-9539 was disconnected though he had paid the electricity charges even for...

Miss. Romini Susan Kurian Vs. State of A.P. and Others

Court: Andhra Pradesh

Reported in: AIR1992AP380

ORDERA. Lakshmana Rao, J.1. The petitioner appeared for the Common Entrance Test for admission to Medical College for the year 1991-92. The common Entrance Test is known as EAMCET-91. Her roll number was 16633. She secured rank No. 6715 in the Entrance Test. The parents of the petitioner are medical officers working in Army Medical Corps. The father of the petitioner is working at present as Senior Advisor, Cardiology at Command Hospital, Northern Command in the State of Jammu and Kashmir. His wife Mrs. S. Kurian is working at Military Hospital, Secunderabad. The father holds the rank of Colonel whereas the mother holds the rank of Lieutenant Colonel. The father of the petitioner was awarded Vishist Seva Medal (VSM) by the President of India for meritorious service of exceptional order for treating civil and military persons in Nagaland during 1966 to 1969. The prospectus issued by the University of Health Sciences for admission into first year M.B.B.S. course for the academic year 199...

Richard Samson Sherrat Vs. State of Andhra Pradesh and anr.

Court: Andhra Pradesh

Reported in: 1992CriLJ2566

ORDER1. The array of parties is the same in both the cases. The petitioner is accused of the offence u/S. 138 of the Negotiable Instruments Act, 1881 in C.C. No. 95/91 in the Court of the II Metropolitan Magistrate, Hyderabad. The second respondent laid complaints against the petitioner in C.C. Nos. 95/91 and 169/91 in the aforesaid Court alleging that the petitioner issued seventeen post-dated cheques in terms of compromise arrived at between the parties towards recovery of rents due from the petitioner. In No. 95/91 the complainant presented the cheque dated 20-4-91 for encashment and it was returned twice by the bank on 23-4-91 and 3-6-91 with the endorsement 'refer to drawer'. The second cheque dated 25-4-91 was also returned once and was presented on 3-6-91 again, which was also returned with the endorsement 'insufficient funds'. The third cheque dated 4-5-91 was also dishonored twice on 7-5-91 and 3-6-91 with the same endorsement. The complainant alleges that the cheques were pre...