Andhra Pradesh Court July 1992 Judgments
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Paleru Venkateswarlu and ors. Vs. Pothina Chenchaiah, Chairman of the ...
Court: Andhra Pradesh
Decided on: Jul-31-1992
Reported in: 1992(3)ALT25
ORDERB. Subhashan Reddy, J.1. This writ petition is filed challenging the order of the 2nd respondent herein setting aside the order dated 2-4-1980 passed by the Special Deputy Tahsildar (Inams), Ongole who is the 3rd respondent herein. The dispute revolves around the agricultural lands and the nature of the rights therein. While the petitioners claim that they were holding the lands in their personal capacity and that they were entitled to have Ryotwari pattas, the contra claim was that the lands belonged to the institution and they are Inam lands. The law which operates is Andhra Pradesh (Andhra Area) Inams Abolition and Conversion Act, 1956 (A.P. Act No. 37/1956). Section 3 confers power on the Tahsildar, which according to the definition includes the Deputy Tahsildar also, to enquire into as to (1) whether a particular land in his jurisdiction is a Inam land; (2) whether such land is in Ryotwari, Zamindari or Inam village; and (3) whether such Inam land is held by any institution. ...
K. Raj Reddy Vs. State of Andhra Pradesh, Through Public Prosecutor
Court: Andhra Pradesh
Decided on: Jul-31-1992
Reported in: 1992(3)ALT383
ORDERRadha Krishna Rao, J.1. The petitioner herein was surety for the accused in C.C. No. 162 of 1986 on the file of the Judicial First Class magistrate, Gajwel, Medak district. The learned Magistrate by his order dt. 17-10-1990 in Crl.M.P. Nos. 545 and 546 of 1990 has imposed a penalty of Rs. 4,000/- and issued a warrant of attachment for sale of movable properties of the petitioner for realisation of the said amount under Section 446 Cr.P.C. The same was assailed by the petitioner in Crl. Appeal No. 41 Of 1990. The learned Sessions Judge by his judgment dt. 21-3-1991modified the said order and reduced the penalty amount to Rs. 2,500/-. As against the order of the learned Sessions Judge in Crl. Appeal No. 41 of 1990, the above revision has been preferred by the Petitioner.2. When a person stood as surety and executed a bond the duty of that person is much more than one that has been facing the trial. From 1986 till 1990 the case could not be disposed of by the learned Magistrate. The ...
Baratam Manmadha Rao Vs. Sri Raja Rao Rangamannar Krishna Ranga Rao, Z ...
Court: Andhra Pradesh
Decided on: Jul-30-1992
Reported in: 1992(3)ALT239
G. Radhakrishna Rao, J.1. This is an appeal preferred against the judgment and decree dated 24th April, 1982 passed by the learned Subordinate Judge, Parvathipuram, in O.S. No. 56 of 1978 on his file. The plaintiff is the appellant. His suit for specific performance of agreement to sell dated 16-11-1977 (Ex.A-1), after full trial, was dismissed by the trial Court.2. The case of the plaintiff is that the 1st defendant agreed to sell the plaint schedule property, viz., Sri Venugopal Talkies, to the plaintiff. The terms were settled between the plaintiff and the 1st defendant in the presence of P.W. 2, Varanasi Eswara Rao and the terms agreed to between the parties are that the plaintiff should pay a price of Rs. 3,01,111/- that the 1st defendant should take back the 2nd defendant into his own service and that the plaintiff should employ the rest of the staff. The 1st defendant's plea is that he was in dire necessity for money as the theatre was attached by four decrees and that it was su...
Smt. Jayanthi (Guntur) Amareswari and ors. Vs. Jayanthi Sundara Lakshm ...
Court: Andhra Pradesh
Decided on: Jul-27-1992
Reported in: 1992(3)ALT430
ORDERIyyapu Panduranga Rao, J.1. Second petitioner is the brother of the first petitioner and third petitioner is the father of petitioners 1 and 2. One J. Ramakrishna is the husband of the first petitioner. There are some family disputes between the first petitioner and her husband, as a result of which the husband of the first petitioner kept his son at Visakhapatnam in her parental house. The first petitioner who is working at A.P. Bhavan, Delhi went to Visakhapatnam and took away her child to New Delhi. In connection with the same, the first respondent filed a Criminal complaint against the petitioners 1 and 2 under Sections 447, 506, 511 r/w. Section 209 IPC on the file of V Addl. Metropolitan Magistrate, Visakhapatnam in C.C. No. 163/89 but the same proceedings were quashed as per the orders of this court dt. October 3, 1989. While so the first petitioner's husband Ramakrishna filed O.P. No. 25/88 on the file of the I Addl. Judge, Visakhapatnam for the custody of the child and th...
Bhavala Rama Vs. Bhavala Naga Raju
Court: Andhra Pradesh
Decided on: Jul-24-1992
Reported in: 1993(2)ALT699
V. Neeladri Rao, J.1. The appellant herein is the wife of the respondent. They were married on 8-5-1985. Both of them belong to Bhimavaram. The appellant went to her parents house in 1986 for confinement. She delivered a male child on 14-8-1986 and he was named Raju. The respondent herein filed O.P.No. 25 of 1987 on the file of the Subordinate Judge, Bhimavaram for restitution of conjugal rights under Section 9 of the Hindu Marriage Act by alleging that the appellant behaved in indifferent manner and she never treated him as her husband and she developed antipathy towards him and on the evil advice of her mother, she refused to join him. When the said O.P. had come up for hearing, the appellant herein reiterated that she was willing to go and join the respondent herein as she averred in the counter and she denied the various allegations in O.P.No. 25 of 1987. The said O.P. was allowed on 24-8-1987 as the appellant herself admitted to go and join the respondent herein. The appellant her...
Pallapu Sreenivasa Rao Vs. the Registrar, University of Health Science ...
Court: Andhra Pradesh
Decided on: Jul-23-1992
Reported in: AIR1993AP169
1. A candidate who sought admission to M.B.B.S. course in the year 1991 is the appellant. His attempts to get admission having failed, he filed Writ Petition No. 13612/91. A learned single Judge of this Court by his judgment dt. 14-2-1992 dismissed the Writ Petition. Hence this appeal,2. The appellant who was Writ Petitioner and who will hereinafter referred to a the petitioner belongs to Backward Class Community, Group-A. He belongs to Kurnool District which comes within the local area of Sri Venkateswara University. He applied in the common application form prescribed under the EAMCET Rules indicating that he need be considered for admission in any one of the following six Colleges viz., (1) Kurnool Medical College, Kurnool, (2) S.V. Medical College, Tirupathi; (3) Guntur Medical College, Guntur, (4) Andhra Madical College, Visakhapatnam, (5) Osmania Medical College, Hyderabad, and (6) Gandhi Medical College, Hyderabad. He left out Siddartha Medical College, Vijayawada and Government...
K. Dayanand Rao and ors. Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Jul-23-1992
Reported in: 1992(3)ALT21
Y. Bhaskar Rao, J.1. This matter came up before this Division Bench on a reference made by our learned brother Parvatha Rao, J. in view of the fact that the question involved viz., whether furnishing of crime number is a pre-requisite for entertaining an application under Section 438 Cr.P.C. has a far-reaching effect, and also because the learned brother was not able to agree with the view expressed by three learned Judges of this Court, all sitting single, virtually to the effect that furnishing of crime number is a pre-requisite for entertaining the application for grant of anticipatory baill under Section 438 Cr.P.C. Justice Parvatha Rao was mainly of a different view and was not able to agree with the three other learned brothers in view of a decision of the Supreme Court in Gurubaksh Singh Sibbia v. The State of Punjab, AIR 1980 SC 1630, and therefore referred the question for a decision of the Division Bench.2. In Crl. Petition (SR. No. 3918) of 1991, our learned brother Radhakri...
K. Gajendra Naidu Vs. State of A.P. Represented by Inspector of Police ...
Court: Andhra Pradesh
Decided on: Jul-22-1992
Reported in: 1992(3)ALT27; 1993(1)ALT(Cri)290
Bhaskar Rao, J.1. This matter has come up before us on a reference made by our learned brother, Parvatha Rao, J. The question involved in this reference is, whether a second application under Section 438 Cr.P.C. for grant of anticipatory bail is maintainable in the background of the fact that an earlier application for the relief is dismissed. In M. Rama Rao v. State, 1992 (2) APLJ 366., a learned Judge of this Court took the view that a second application under Section 438 Cr.P.C, is not maintainable. Unable to agree with that view, Justice Parvatha Rao referred the matter for decision of a Division Bench.2. Criminal Procedure Code of the year 1898 i.e., the Code earlier to the present one, did not have a provision corresponding to Section 438 of the present Code. At that time there was difference of opinion ;amongst various High Courts as to whether the Courts had inherent jurisdiction to release a petitioner on bail in anticipation of his arrest. For the first time, the Law Commissi...
The Lokayukta for Andhra Pradesh Rep. by the Registrar Vs. Dr. B. Sesh ...
Court: Andhra Pradesh
Decided on: Jul-22-1992
Reported in: 1992(3)ALT224
D.J. Jagannadha Raju, J.1. These two writ appeals arise out of the common judgment dated 16th October, 1987, in writ petitions W.P. No. 3555 of 1986 and W.P. No. 4753 of 1986. W.P. No. 3555 of 1986 was filed questioning the proposal to conduct an investigation by the Lokayukta into Complaint No. 871 of 1986 regarding three allegations. W.P. No. 4753 of 1986 was filed questioning the proceedings of the Lokayukta in Dis. No. 4144 dated 15-4-1986 initiating an investigation on his own motion. The learned single judge allowed the two writ petitions and quashed the proceedings impugned in the two writ petitions.2. The present respondent Dr. B. Seshadri was working as the Principal and Superintendent of the Government Dental College/Hospital, Hyderabad. A student by name C. Sekhar gave a complaint to the Lokayukta. Subsequently the complainant did not support the allegations in the complaint and when an opportunity was given to him to fulfil the formalities of a complaint under the Andhra Pr...
Gaddam Nagi Reddy and ors. Vs. the Special Deputy Collector (L.A.) S.R ...
Court: Andhra Pradesh
Decided on: Jul-22-1992
Reported in: 1992(2)ALT616
P. Venkatarama Reddi, J.1. This Writ petition has been filed seeking for writ of mandamus to direct the respondents 1 & 2 to stop all the excavation works in the petitioners' lands shown in the schedule to the writ petition or in the alternative to pay forthwith 80% of the compensation for the value of the lands inclusive of standing crop of the land with interest at 18% from 25-12-1991 the date on which possession of the lands was taken over and crops were bulldozed.2. I ordered notice before admission on 3-3-1992. Thereafter the respondents represented by the Government Pleader for Land Acquisition have filed counters and produced the records. In the course of arguments the learned counsel for the petitioners pressed for the alternative relief sought for in the writ petition.3. The petitioners who are ryots having lands of an extent of about Ac. 49.00 in S. Nos. 34, 36 etc., at Venkatapuram Village, Banaganapalli Mandal, Kurnool District, complain that the possession of the lands wer...
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