Andhra Pradesh Court November 1993 Judgments
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A. Bal Reddy Vs. Saraswathi and anr.
Court: Andhra Pradesh
Decided on: Nov-30-1993
Reported in: 1994(1)ALT72; 1994(1)ALT(Cri)379; 1994CriLJ1125
ORDER1. This is petition under section 482, Cr.P.C. to quash the order in M.C. No. 39 of 1989 on the file of the V Metropolitan Magistrate, Hyderabad which has been confirmed in Crl. Revision No. 159 of 1993 of the file of the I Additional Metropolitan Sessions Judge, Hyderabad. 2. The petitioner before the High Court is Sri A. Bal Reddy, an advocate aged about 79 years. M.C. No. 39 of 1989 was filed by one A. Saraswathi, a lady aged about 52 years. She claimed maintenance under S. 125, Cr.P.C. against Mr. Bal Reddy claimed that she is the legally wedded wife of Bal Reddy and that they lived together for a number of years as spouses after the marriage took place in 1950 at Yadagirigutta temple and that one Anitha alias Durgamma and Vijitha were born out of this marriage. She claimed that her elder sister Ramachandramma is the first wife of Bal Reddy and that the entire family including Ramachandramma and her children and her husband Bal Reddy resided in the family house at Himayatnagar...
Sha Peerchand Vs. Jandhyala Venkata Subramanya Jyosyulu and ors.
Court: Andhra Pradesh
Decided on: Nov-29-1993
Reported in: 1994(1)ALT140
A. Gopal Rao, J.1. Plaintiff is the appellant in this appeal. Defendants 2 and 3 are minors and first defendant is the father of defendants 2 and 3. The suit is filed for specific performance of an agreement to sell, Ex.A-1, dated 19-9-1976. The agreed total consideration was Rs. 40,000/-. The property sought to be purchased is mentioned in plaint 'A' schedule and specified in Ex.A-2, plan, attached to the sale agreement, Ex.A-1. Plaint 'B' schedule property was given as security for due performance of the sale agreement. The suit property consists of two shops with open space the total area being 150 square yards. Under the agreement, an amount of Rs. 1,000/- was paid as advance. Plaintiff lent money to defendants 1 to 3 on different occasions under the promissory notes, viz., Ex.A-3 dated 14-2-1976 for Rs. 22,000/- and Ex.A-4 dated 6-3-1976 for Rs. 10,000/-, repayable with compound interest at 24% per annum. Plaintiff also claims that the agreement, Ex.A-1, was executed in discharge ...
Pattan Sardar Khan Vs. Pattan Rasool Khan and anr.
Court: Andhra Pradesh
Decided on: Nov-29-1993
Reported in: 1994(1)ALT15
ORDERB. Subhashan Reddy, J.1. This Civil Revision Petition arises out of execution proceedings.2. At issue is the proposition as to whether time for filing application for possession under Order 21 Rule 95 C.P.C. by the auction purchaser runs either from the date of confirmation of sale or from the date of issuance of the sale certificate.3. In a suit for partition filed by one of the co-owners in O.S.No. 894 of 1975 on the file of the 1st Additional District Munsif, Nellore, it was held that even though the plaintiff was entitled for a share in the suit schedule property comprising a residential house at Nellore, having regard to the nature of the property, the same was not partible and was liable to be sold and the sale proceeds were to be apportioned. The said judgment and decree had become final. Letter on, consequential proceedings were initiated for putting the property to sale and in the sale, the revision petitioner (the plaintiff) was the highest bidder and the sale was knocke...
Ghoushia Bee Vs. Rajan Bee and anr.
Court: Andhra Pradesh
Decided on: Nov-26-1993
Reported in: 1994(1)ALT97
ORDERP. Venkatarama Reddi, J.1. The petitioner herein is the plaintiff in a suit filed for permanent injunction and for a declaration that the plaintiff is the absolute owner of the suit property and for recovery of possession. After the trial commenced, a document styled as 'receipt' was sought to be marked through P.W.1. The receipt is dt.24-3-1972. The document was purportedly executed by one Smt. V. Rukmabai, wife of late Sri V. Venkatanarasimha Rao, the original owner of the property. The document recites that the plaintiff's father-in-law purchased the suit property and out of the sale consideration, a sum of Rs. 800/- was paid earlier. It is further stated that the balance amount due upto date was paid by the plaintiff's husband. The balance amount paid, according to the plaintiff, is Rs. 400/-. It is declared in the said document that absolute rights have been made over in and over the site and house from 'today' and that the vendor or her heirs will have no rights whatsoever. ...
Naspuri Dharmaiah and anr. Vs. Kota Veeraiah @ Dr. V.K. Kota
Court: Andhra Pradesh
Decided on: Nov-22-1993
Reported in: 1993(3)ALT712
P. Venkatarama Reddi, J.1. The second appeal arises out of the suit filed by the appellants herein for declaration that they are the exclusive owners of the house described in the plaint schedule and for permanent injunction restraining the defendant from interfering with their possession and to direct the Municipality to effect the mutation in the registers. The suit and the appeal thereon were dismissed. Hence, this second appeal.2. The appellants-plaintiffs claim to have purchased the suit house from the defendant in the year 1978. A xerox copy of the unregistered sale-deed dated 15-4-1978 purportedly executed by the defendant in favour of the plaintiffs was produced before the trial Court. It was alleged that pursuant to the said sale, the appellants-plaintiffs had been in possession and enjoyment of the house since the year 1978. It is also alleged that the defendant was interfering with their possession and hence the suit was filed. The defendant filed a written statement admitti...
Advocate General, Andhra Pradesh, Hyderabad Vs. Ashok Kumar
Court: Andhra Pradesh
Decided on: Nov-19-1993
Reported in: 1994(1)ALT52; 1994CriLJ1333
V. Sivaraman Nair, J. 1. Suo motu proceedings under Contempt of Courts Act were initiated against the respondent-contemner on the allegation that the contemner forced an Advocate-Commissioner appointed by the V Metropolitan Magistrate, Hyderabad, to make an entry in the General Diary of the Police Station to the effect that he did not find Mohammed Ayub who was arrested on 9-3-1990 in the police lock-up. 2. One Sri. Ahamad Hussain had filed Criminal M.P. No. 395/90 under S. 97 of the Code of Criminal Procedure in the Court of the V Metropolitan Magistrate, Hyderabad. By order dated 12-3-1990, the Magistrate appointed Sri. V. Balraj, Advocate as Commissioner to search the premises of Sanjeevareddy Nagar Police Station or any other Police Station in the twin cities, and if he found Mohammed Ayub, to produce him before the Court on 16-3-1990. On 13-3-1990, the petitioner Ahammed Hussain filed a memo in Criminal M.P. No. 396/90 alleging that the Inspector of Police, Mirchowk Police Station...
Bala Subbarayudu Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Nov-18-1993
Reported in: 1994(1)ALT181; 1994(2)ALT(Cri)371; 1994CriLJ1484
M.N. Rao, J. 1. The sole accused in S.C. No. 73 of 1992 on the file of the learned II Additional Sessions Judge, Cuddapah, is the appellant. He was convicted by the learned Judge under section 302 I.P.C. and sentenced to suffer imprisonment for life for committing the murder of his wife - Shantamma - by throttling her on 10-11-1991 at his house situated in Harijanawada of Kamalapuram village, ......... 2. In brief, the case of the prosecution is as follows : The deceased - Shantamma was the wife of the accused. PW 2, Gangamma, is the mother of the deceased. One month prior to the incident in question, the accused had criminally assaulted his wife (the deceased) and in connection with that, a criminal case under Section 307 IPC was filed against him. The accused was arrested in connection with that case and about two days prior to the incident in question, he was released on bail. On the date of the incident, the accused came to the house of PW 2 and took the deceased with him to Kamala...
Kasani Subbamma Vs. the Government of A.P. Rep. by Secretary, Irrigati ...
Court: Andhra Pradesh
Decided on: Nov-18-1993
Reported in: 1994(1)ALT149
ORDERB. Subhashan Reddy, J.1. Having regard to the facts and circumstances of the case, absolutely, I do not see any justification for the respondents in not honouring the decree dated 1-7-1982 rendered by the Court of Subordinate Judge, Kovvur in O.P.No. 45 of 1980 which admittedly, had become final and executable. The petitioner is aged 55 years. Even though the decree was passed more than 11 years back, the same had not been honoured yet. The action of the State in acquiring the property of subject and not paying the compensation for this length of time is highly arbitrary, and atrocious. By this gross inaction of the State to honour the decree which had become final as the decree pertains to payment of compensation in lieu of deprivation of property of the petitioner, the constitutional guarantee under Article 300-A of the Constitution of India is violated. The State should move faster and pay compensation expeditiously.2. The learned Government Pleader resists the grant of relief ...
Alakunta Narsimloo and ors. Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Nov-17-1993
Reported in: 1994(1)ALT(Cri)248; 1994(1)ALT(Cri)248; 1994CriLJ1721
M.N. Rao, J.1. The two appellants herein - A-1 and A-2 in S.C. No. 25 of 1992 on the file of the Court of Additional Sessions Judge, Nizambad - were convicted under Ss. 302, r./w. 34, I.P.C. for committing the murder of the Alakunta Chinnaiah (hereinafter referred to as 'the deceased') on 18-9-1991 as 5.30 p.m. at Babu Miyan hotel situated in Indira Nagar Colony of Pipri Village, Nizambad District, by intentionally inflicting knife injuries on various parts of his body resulting in his instantaneous death and each of them was sentenced to suffer imprisonment for life and to pay fine of Rs. 200/- each in default to suffer simple imprisonment for six months. 2. The prosecution case, in brief, is as follows : The two accused are brothers and they are residents of Pipri village. The deceased also was a resident of the same village. The two accused suspected that the deceased was responsible for the death of A-1's wife about 19 days prior to the date of incident by practising sorcery. They,...
In Re: Sanghi Industries Limited, Rep. by Its Director, Sri Sudhir San ...
Court: Andhra Pradesh
Decided on: Nov-16-1993
Reported in: 1993(3)ALT719
ORDERParvatha Rao, J.1. This is a petition to sanction the scheme of arrangement for amalgamation of Goldy Projects Limited with the petitioner-company i.e., Sanghi Industries Limited under Section 394 read with Sub-section (2) of Section 391 of the Companies Act, 1956 (hereinafter referred to as 'the Act').2. The registered office of the petitioner-company is situated at Sanghi Nagar in the Ranga Reddy district of the State of Andhra Pradesh.3. Earlier, the petitioner filed Company Application No. 95 of 1993 under Section 391 of the Act for convening a meeting of the equity share-holders of the company for considering the proposed scheme of arrangement for amalgamation of Goldy Projects Limited (hereinafter referred to as 'the transferor company') with the petitioner-company and this Court by order dated 12-4-1993 allowed the same appointing Ms. M. Vidyavati, Advocate as Chair person to convene, preside over and conduct a meeting of the equity shareholders of the petitioner-company on...
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