Andhra Pradesh Court January 1993 Judgments

Boddu Murali Vs. State

Court: Andhra Pradesh

Reported in: 1993CriLJ2077

1. This criminal appeal is directed against the judgment dated 14-3-1991 of the Sessions Judge, Ongole in S.C. No. 108 of 1989 convicting the appellant (the sole accused) for the offence punishable under S. 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life. 2. The case of the prosecution before the trial court, in short, is as under :- The gravamen of the charge is that on 22-10-1988, around 8-00 p.m., near Kunderu bridge at Akkayapalem village, the accused intentionally caused the death of Chinna Somaiah (hereinafter referred to as 'the deceased') son of Munuswamy Reddy of Challareddypalem village by stabbing him indiscriminately and thereby committed an offence punishable under S. 302 of the Indian Penal Code. 3. The accused is a resident of Jandrapet. P.W. 6 is his mother and P.W. 7 in his brother who are residing in one of the portions of the house while the accused was residing in another portion of the house. The deceased is the son of P.W. 1 who is ...

V. Krishna Samudram Vs. East Godavari Division, Andhra Pradesh State R ...

Court: Andhra Pradesh

Reported in: 1994(1)ALT201

ORDERB. Subhashan Reddy. J. 1. This writ petition is filed for the issuance of a writ of mandamus for appointment to the post of Conductor in the service of APSRTC. Pursuant to the notification dated 15-10-1987 inviting applications for the said recruitment, the last date having been set as 27-10-1987, the petitioner along with others filed such application seeking appointment to the post of Conductor and he was interviewed on 13-11-1987. His name was sponsored by the employment exchange. It is admitted even in the counter that he has secured 81.6% of marks. It is now the contention of the learned Counsel for the petitioner that the persons who have secured less marks than petitioner were selected and the petitioner was unduly not selected on untenable ground that he was not having the subsisting employment exchange registration as on that date. The Counsel for the respondent counters that the petitioner only filed a photostat copy of the employment exchange card and did not produced t...

Baligera Bheemudu Alias Bheemaian Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Reported in: 1993(1)ALT278; 1993CriLJ3462

ORDER1. This petition is filed under Sections 451 and 482 of Criminal P.C. seeking indulgence of this court to relax the conditions imposed by the Judicial I Class Magistrate, Gadwal in Criminal M.P. No. 1899 of 1992 on 6-1-1993, insisting upon the petitioner to furnish security for Rs. 50,000/- apart from depositing the original R.C. Book relating to the petitioner's Ambassador car bearing No. ATY 9621, for its release. The said car is a case property in connection with an accusation in Crime No. 82/92 of Gadwal town Police Station for the offences punishable under Ss. 341, 342, 307, 353, I.P.C. and 25(1)(A) of Arms Act. The imposition of condition of furnishing security, if permissible under law, but if it is onerous, may be, as rightly contended by Mr. M. N. Narasimha Reddy, the learned Additional Public Prosecutor, this court may not be inclined to interfere in normal circumstances, unless the conditions imposed are highly disproportionate to the offences alleged against the accuse...

O. Ramachandra Reddi Vs. the Director, D.R.D.L. and anr.

Court: Andhra Pradesh

Reported in: 1993(1)ALT221

S.V. Maruthi, J.1. This Writ Appeal arose under the following circumstances:The appellant O. Ramachandra Reddi was appointed as a Tool Maker Grade 'A' in the Defence Research and Development Laboratories (DRDL), Hyderabad on 2nd November, 1973 by the Director 1st respondent. His appointment to the post was temporary. On 2-1-1978, the Deputy Director, D.R.D.L. issued an order terminating the services of the appellant which was challenged by way of Writ Petition No. 952 of 1978. In the writ petition the appellant raised two contentions, namely, (1) that the appellant has acquired the status of a quasi permanent servant and, therefore, the termination of his services under Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965 is without jurisdiction and (2) that the termination is really by way of punishment notwithstanding the innocuous language employed in the impugned order. The termination of services of the appellant, therefore, without complying with the requirements ...

The General Manager, Nippo Factory Vs. Amavarapu Ravindra

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami, Reddy, President: 1. A complaint is filed before the District Forum, Nellore in C.D. No. 1696/91 against the opposite party-Nippo Factory, Nellore. The opposite party filed a counter and raised an objection that the complaint is not maintainable before the District Forum : and he wanted that objection is to be decided as a preliminary issue. The District Forum held that the objection with regard to the maintainability, can be decided along with the other issues raised in the main case. It accordingly passed an order on 25.11.1992. 2. Questioning the said order, the opposite party filed the above C.D.R.P.6 of 1993 we are of the view that the District Forum can decide the question of maintainability of the complaint along with the other contentions raised in the counter. We do not see any reason to interfere with the order of the District Forum at this stage and we see no error of jurisdiction in the order passed by the District Forum. The C.D.R.P. is accordingly dismisse...

State of Andhra Pradesh Rep. by the Superintending Engineer (R and B) ...

Court: Andhra Pradesh

Reported in: 1993(1)ALT387

ORDERB. Subhashan Reddy, J.1. At issue, are two important points for consideration arising under the Arbitration Act, 1940, namely;(i) whether the Arbitrator earlier appointed to resolve a dispute can entertain suo motu reference made by a party raising a further claim without being referred by the authority concerned; and(ii) whether the principles underlying Order 2, Rule 2 of Code of Civil Procedure are applicable to the proceedings under the Arbitration Act, 1940.2. These two matters arise out of a common judgment rendered in O.P.No. 52/85 and O.S.No. 54/85 by the Court of the Principal Subordinate Judge, Anantapur on 9th March, 1992 The said legal proceedings arose Out of the arbitration award passed by the 2nd respondent in O.P. No. 52/85purporting to be in exercise of his powers as Arbitrator under the provisions of the Arbitration Act, 1940. While CRP No. 2141/92 is directed against the judgment in O.S.No. 54/85, the CMA is directed against the judgment rendered in O.P.No. 52/1...

The New India Assurance Company Limited Vs. Mohd. Khaja MoinuddIn and ...

Court: Andhra Pradesh

Reported in: 1993(1)ALT269

ORDER1. In this case, an important question as to whether the Insurance Company can raise the plea in the appeal that its liability is limited to only Rs. 5,000/- under Section 95(2)(b) as it stood prior to its amendment even though it is not one of the defences enumerated in Section 96(2) of the Motor Vehicles Act arises for consideration. Justice P.A. Choudary held in United Fire and General Insurance Company Ltd., v. Parvathamma, that though the liability of the insurer was limited only to Rs. 5,000/-, it was not entitled to raise the objection in appeal that its liability was limited only to Rs. 5,000/- and therefore it was not liable to pay higher amount of compensation. The view of Justice Choudary was affirmed by the Full Bench of this court in M. Kondaiah v. Yaseen Fatima, 1985 (2) ALT 88. However, in M.K. Kunhi Mohammed v. P.A. Ahmedkutty, the Supreme Court observed while interpreting Section 95(2)(b) of the Motor Vehicles Act as follows:'In the present case the vehicle in que...

New India Assurance Co. Ltd. Vs. Mohd. Khaja MoinuddIn and anr.

Court: Andhra Pradesh

Reported in: 1993ACJ1263

Syed Shah Mohammed Quadri, J.1. In this case, an important question as to whether the insurance company can raise the plea in the appeal that its liability is limited to only Rs. 5,000/- under Section 95 (2) (b) as it stood prior to its amendment even though it is not one of the defences enumerated in Section 96 (2) of the Motor Vehicles Act, 1939 arises for consideration. PA. Choudary, J. held in United India Fire and General Insurance Co. Ltd. v. Pogaku Parvathamma 1982 ACJ (Supp) 293 (AP), that though the liability of the insurer was limited only to Rs. 5,000/-, it was not entitled to raise the objection in appeal that its liability was limited only to Rs. 5,000/- and, therefore, it was not liable to pay higher amount of compensation. The view of Justice Choudary was affirmed by the Full Bench of this court in Madineni Kondaiah v. Yaseen Fatima 1986 ACJ 1 (AP). However, in M.K. Kunhimohammed v. PA. Ahmedkutty 1987 ACJ 872 (SC), the Supreme Court observed while interpreting Section 9...

Ventripadu Ramaiah Vs. State of A.P.

Court: Andhra Pradesh

Reported in: 2(1993)ACC182

A. Gopal Rao, J.1. This revision is directed against the judgment dated 10.12.1991, in Crl. Appeal 133/89, on the file of the I Addl. Sessions Judge, Krishna at Machilapatnam, confirming the conviction and sentence of the petitioner imposed by the Judicial First Class Magistrate, Kailkaluru, by judgment dated 16.5.1989 in C.C.No. 161/87, for the offences Under Sections 304-A and 338 IPC and Section 89(b) r/w Section 118 of the Motor Vehicles Act. The learned Megistrate convicted and sentenced the petitioner under Section 304-A IPC to suffer rigorous imprisonment for one year and to pay a fine of Rs. 1000/-, in default to suffer R.I for three months; under Section 338 IPC to suffer R.I. for three months and to pay a fine of Rs. 500/-; under Section 89(b) r/w Section 118 of the Motor Vehicles Act to suffer R.I for one month. On appeal, the conviction and sentence of the petitioner/accused for the above mentioned offences was confirmed by the lower Appellate Court. Aggrieved by the same, ...

Syed HussaIn and ors. Vs. the Joint Secretary, P.W.D. (R and B), Gover ...

Court: Andhra Pradesh

Reported in: 1993(1)ALT150

ORDERMotilal B. Naik, J.1. Initially, the writ petition was filed seeking to quash G.O.Rt.No. 1077, Transport, Roads & Buildings Department, dated 14-11-1985 of the 1st respondent, which was published in the 'Eenadu' newspaper dated 6-3-1987 seeking to acquire the land of the petitioners to an extent of 0.66 cents in S.No. 360/1, situated in Narsipatnam of Visakhapatnam district. Later on, due to award being passed by the competent authority, an amendment petition - W.P.M.P. No. 3304 of 1992 - was filed seeking to amend the prayer to set aside award No. 1/92 dated 18-9-1991 passed by the Assistant Collector (Land Acquisition), Narsipatnam pursuant to the notification under Section 4(1) of the Land Acquisition Act, which was allowed.2. During the course of final hearing, W.P.M.P.No. 19841 /92 was filed by the Union of India, represented by the Chief General Manager, Telecommunications, A.P. Circle, Hyderabad, for impleading it as the 3rd respondent to the writ petition, which was ordere...