Andhra Pradesh Court September 1992 Judgments
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Mohd. Ibrahim Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Sep-25-1992
Reported in: 1993CriLJ2489
1. P.W. 2 is the person on whose complaint the case was registered as Crime No. 62/88, and after examining witnesses, charge-sheet under S. 307, I.P.C., was filed. After committal, the following charge was framed : 'That you on or about the 8th day of November, 1988 at about 11.45 p.m., at Amjad Dowla Bagh Lane, Hyderabad did an act to wit stabbed one Jameel Ahmed with a knife with such intention and under such circumstances, that if that act you had caused the death of the said Jameel Ahmed you would have been guilty of murder and that you caused hurt to the said Jameel Ahmed by the said act and that you thereby committed an offence punishable under S. 307 of the Indian Penal Code and within my cognizance.' In support of the charges, the prosecution examined in all seven witnesses. P.W. 4 is the doctor the examined P.W. 2 and issued the wound certificate. In all five injuries were noticed by the doctor. According to the doctor, the injuries were grievous. P.W. 2 is the injured himself...
Pujari Balaraju Vs. the Forest Range Officer and anr.
Court: Andhra Pradesh
Decided on: Sep-25-1992
Reported in: 1993(2)ALT181
ORDERSyed Shah Mohammed Quadri, J.1. The petitioner belongs to a scheduled tribe. He resides in Sankada, Gudem Kothaveedhi Mandal, Visakhapatnam District. He claims that he is an agriculturist and owns twenty acres of land wherein there are tamarind trees. The produce of the tamarind trees is stated to be about 5,000 kgs. per year. On 31st July, 1989, the Forest Range Officer, Narsipatnam, the second respondent herein, with his staff, broke open the lock of the door of the house which was used by the petitioner as godown for storing tamarind and seized 90 bags of tamarind containing 4,345 kgs. of seeded tamarind and 1,184 kgs. of deseeded tamarind. The seizure was under panchanama dated 31-7-1989. The validity of the said seizure is questioned in this writ petition as being illegal and without jurisdiction.2. The first respondent filed counter-affidavit stating inter alia that there is no proof that the petitioner has 93 tamarind trees in Sankada village. It is stated that, on informat...
Mir Liyaqat Ali Vs. Mohd. Yousuf
Court: Andhra Pradesh
Decided on: Sep-25-1992
Reported in: 1992(3)ALT571
ORDERImmaneni Panduranga Rao, J.1. These two appeals arise out of a common judgment disposing of two connected appeals A.S. No. 98/90 and A.S. No. 58/90 by the learned Additional Chief Judge, City Civil Court, Hyderabad.2. Original Suit No. 1834/87 on the file of the Court of the Vth Assistant Judge City Civil Court, Hyderabad was filed for recovery of possession of the suit mulgi after terminating the tenancy of the defendant for arears of rent at the rate of Rs. 350/- per month from 1-4-86 till the end of November 1986 and for recovery of mesne profits at the rate of Rs. 600/- per month. The trial Court decreed the suit with respect to the relief of recovery of possession and also decreed the arrears of rent for the period from 1-8-86 till the end of November 1986.3. Challenging the dismissal of the suit with regard to disallowing of arrears of rent from 1-4-86 till the end of July 1986 and refusing to award mesne profits at the rate of Rs. 600/- per month as claimed in the plaint th...
Vankayala Suryanarayana and anr. Vs. Sri Sitarama Chit Fund Company Re ...
Court: Andhra Pradesh
Decided on: Sep-24-1992
Reported in: 1993(1)ALT120
Immaneni Panduranga Rao, J.1. This revision petition is filed by two auction purchasers in execution of a mortgage decree. The 1st respondent has obtained a money decree in O.S.No. 80 of 1971 on the file of Sub-Court, Rajahmundry based upon an equitable mortgage dt.11-12-1969 executed by the 2nd respondent in favour of the 1st respondent. The revision petitioners obtained transfer of the mortgage decree in their favour and with the permission of the Court they have participated in the Court sale held on 10-4-1979 and were the highest bidders. Just a day prior to the sale, i.e., on 9-4-1979, the 3rd respondent filed E.A.No. 256 of 1979 requesting that the intending bidders might be appraised of the fact that the petition schedule premises was under the lease-hold rights. The execution court dismissed that petition on the ground that it is a belated petition and that the lease is subject to mortgage. Challenging the order in E. A.No. 256 of 1979 the 3rd respondent filed C.R.P. No. 3172 o...
The Food Inspector Vs. M. Pandarinath and anr.
Court: Andhra Pradesh
Decided on: Sep-24-1992
Reported in: 1992(3)ALT588
ORDERImmaneni Panduranga Rao, J.1. The learned Public Prosecutor preferred these Criminal Appeals challenging the acquittal of the respondents on the simple ground that the written consent given under Section 20 clause (1) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act') is vitiated for not giving the detailed reasons. The basis of acquittal of the accused is two decisions of single Judges of our High Court reported in B. Raja Gowd v. State (Food Inspector), 1990 (2) ALT 546., and in A. Kasi Visweswara Rao v. State of A.P. : 1990(3)ALT220 .2. The learned Public Prosecutor challenging the acquittal submitted that the decisions referred to above which constituted the main basis for acquittal in cases arising under the Act, proceeded without drawing the distinction between the words 'written consent' used in Section 20 clause (1) of the Act and the 'sanction' for prosecution required under some other enactments. The learned Public Prosecutor submitte...
Anasuri Simhadri Vs. Superintendent, Central Prison, Rajahmundry and a ...
Court: Andhra Pradesh
Decided on: Sep-23-1992
Reported in: 1992(3)ALT706; 1993CriLJ1289
ORDER1. This is an application filed under S. 482, Cri.P.C. by the accused in C.C. Nos. 61/91; 62/91 and 63/91 on the file of the IV Addl. Judicial First Class Magistrate, Kakinada requesting the Court for issue of a direction that the sentences of imprisonment awarded to him in the said three cases should run concurrently. The facts giving rise to the filing of this petition are in brief as follows : On 30th March, 1991, 31st March, 92 and 5th April, 1991 theft of cycles took place. In respect of each theft, report was given to the police and the police registered them as Crime Nos. 21/91, 22/91 and 23/91 respectively. Sub-sequently during investigation, the petitioner herein was arrested on suspicion and at his instance the three cycles that were stolen were recovered at one time. The Police filed three separate charge-sheets for offences under sections 379 and 411, IPC. They were registered as C.Cs. Nos. 61/91, 62/91 and 63/91. 2. There was no material to connect the accused with th...
Javid Ahmed Vs. Syed Azmathulla Hussaini and anr.
Court: Andhra Pradesh
Decided on: Sep-23-1992
Reported in: 1992(3)ALT477; 1993CriLJ2359
ORDER1. This Criminal Petition is directed under S. 482 of the Code of Criminal Procedure to quash the proceedings in C.C. No. 128/92 on the file of the II Metropolitan Magistrate, Hyderabad. 2. The petitioner issued four cheques under dated 15-12-1991, 18-12-1991, 19-12-1991 and 23-12-1991 respectively for Rs. 60,000/-, 70,000/-, 40,000/- and Rupees 50,000/- all on the Indian Bank, Begum Bazar, Hyderabad in favour of the first respondent. The first respondent presented them on 18-1-1992 in the State Bank of India, Main Office, Bank Street, Hyderabad for encashment. All the said cheque bounced on 22-1-1992 for want of funds in the account of the petitioner and to the same effect the first respondent was informed on the following date i.e. on 23-1-1992. As such on 28-1-1992 R-1 issued a notice calling upon the petitioner to pay the amounts covered by the said cheques, but having received the said notices the petitioner neither paid the amount nor gave any reply. Consequently the Ist res...
K. Ebrahim and Co., Proprietor, K. Mohammad Yonus Vs. Innamuri Venkata ...
Court: Andhra Pradesh
Decided on: Sep-23-1992
Reported in: 1992(3)ALT668
ORDERN.D. Patnaik, J.1. The respondent in this Civil Revision Petition filed a suit O.S. No. 14 of 1991 on the file of the Subordinate Judge, Tenali against the petitioner herein for recovery of some money. In the said suit, the petitioner-defendant was set ex parte, and ex parte decree was passed and the respondent-plaintiff filed a petition to execute the said decree. Then, the petitioner filed an application under Order IX, Rule 13 C.P.C. seeking to set aside the ex parte decree. As there was some delay in filing that application, he filed an application under Section 5 of the Limitation Act to condone the dealy. As the execution is pending, the petitioner filed an application under Section 151 C.P.C. to stay further proceedings in the execution petition. The lower Courtallowed that application granting stay of execution on condition of the petitioner depositing into court costs awarded in the suit and also half the decretal amount. The petitioner filed this Revision aggrieved by th...
Gadde Suryakumari Vs. Mandal Revenue Officer and anr.
Court: Andhra Pradesh
Decided on: Sep-23-1992
Reported in: 1992(3)ALT691
ORDERB. Subhashan Reddy, J.1. This writ petition seeks for issuance of a writ to set aside the impugned proceedings dated 30-3-1992 passed by the Mandal Revenue Officer, Bodhan, the 1st respondent herein, as being arbitrary, illegal, void and against the principles of natural justice and to declare that the petitioner is entitled to hold the property as a bona fide purchaser for a valuable consideration under Sub-section (5) of Section 3 of A.P. Act No. 9 of 1977.2. The undisputed facts are that the land bearing Sy. No. 233/3, ad measuring 27 guntas situated at Penta Kurd village was a Government land and was assigned to one Mr. Patan Moulali, the 2nd respondent herein. The said land was assigned to the 2nd respondent herein. The said land was assigned to the 2nd respondent in accordance with the beneficial scheme under Section 58-A of A.P. (Telangana Area) Land Revenue Act, 1317 Fasli on the ground that he was a landless poor person. There is also no dispute that one of the essential ...
Rajaram Venkatesh and ors. Vs. the State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Sep-21-1992
Reported in: 1993(1)ALT(Cri)106; [1993]78CompCas28(AP); 1993CriLJ707
ORDER1. The petitioners herein are respectively accused 1 to 5 in C.C. No. 120 of 1991 on the file of the learned IInd Additional Judicial First Class Magistrate, Kakinada and they pray of the quashing of the said proceedings on the ground that the cognizance of the offence itself was barred by time and that the learned Magistrate at Kakinada had no territorial jurisdiction and that the initiation of the Criminal prosecution against the petitioners amounted to abuse of the process of the Court. 2. The 2nd petitioner is the father and petitioners 3 to 5 are the sisters, of the 1st petitioner. The 2nd respondent married the 1st petitioner. It is not in dispute that the 1st petitioner and the 2nd respondent were married at Hyderabad on 10-5-1987 and that after the marriage they resided at Hyderabad for a couple of weeks and that about the end of May, 1987 they went to Bombay and resided at plot No. B-17 in Chembur in the house of the 2nd petitioner. 3. It is the case of the 2nd respondent...
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