Andhra Pradesh Court February 1993 Judgments

Kalyani Modern Rice Mill Vs. the State and ors.

Court: Andhra Pradesh

Reported in: 1993(1)ALT(Cri)660; 1994CriLJ1123

ORDER1. This is a petition filed under S. 482 of the Criminal Procedure Code, to quash the Proceedings in C.C. No. 187 of 1991 on the file of the Additional Judicial First Class Magistrate Kovur, Nellore District. 2. Mere perusal of the complaint which was filed under S. 200, Cr.P.C., would reveal that there was regular contract of sale of paddy inter se the petitioner and the respondent Nos. 2 and 3 and that there was a running account and from time to time, the amounts were being paid by the petitioner. The accusation that on a day on the account sheet, the signatures of the respondents Nos. 2 and 3 were obtained by misrepresentation and actually as on that date more amount of Rs. 1,70,000/- was outstanding, even after payment of Rs. 4,35,389-35 ps. in three instalments and such an amount, even if it is assumed that the same was outstanding and is in brech of Contract of Sale and which is covered by Sale of Goods Act, will not come within the ambit of the offence of cheating under S....

Palliboyina Bulliyya and ors. Vs. Dadi Peda Veeraju (Died) and ors.

Court: Andhra Pradesh

Reported in: 1993(1)ALT692

ORDERN.D. Patnaik, J.1. The respondents herein are the plaintiffs in O.S.138/89 in the court of the District Munsif, Prattipadu. They filed a suit for a mandatory injunction for restoring channel marked as XYZ of a length of about 285 sq. yards and width of l 1/2 yards. In brief their case is that they were taking water to their lands through the said channel and that the defendants who are the owners of the neighbouring land have unauthorisedly closed this channel on 22-7-89. They have filed petition I.A.490/89 for grant of a temporary mandatory injunction. Both the trial Court as well as the appellate Court held that the plaintiffs have made out a prima facie case that they were taking water through the said channel and it was closed by the defendants and granted temporary mandatory injunction directing the defendants to restore the channel till the disposal of the suit. Aggrieved by that the defendants filed this revision.2. Since both the courts have found that the channel was exis...

Pathivada Ramaswami and Another Vs. Korda Surya Prakasa Rao and Anothe ...

Court: Andhra Pradesh

Reported in: AIR1993AP336; 1993(2)ALT503; I(1993)DMC535

ORDER1. Mr. M. S. Ramachandra Raorelies upon a decision reported in G. Rama Rao alias V. D. Rama Rao v. V. Atchut-amma, (1971) II An WR 60 interpreting the provisions of the Hindu Adoptions and Maintenance Act and contends that where the natural father of the adopted child did not speak about the giving and taking, merely relying upon registered document arid adoption is not proved as a valid adoption. On this ground he prays that the C.R.P. should beadmitted as the Court committed a mistake. A perusal of the decision reported in G. Rama Rao alias Vadaga Rama Rao v. Vadaga Atchutamma (supra) contains the following passage :'Even under the Hindu Adoptions and Maintenance Act, the legal requirement for the validity of an adoption is the ceremony of adoption at which there is a giving and taking of the boy as adoption does not by itself confer the status of an adopted son on the boy. It is therefore, incumbent upon the defendant to prove that there was a giving and taking as required by t...

Syed Meera and ors. Vs. the Government of Andhra Pradesh, Rep. by Its ...

Court: Andhra Pradesh

Reported in: 1993(1)ALT578

ORDERD. Reddeppa Reddy, J.1. This writ petition has been filed by three persons working as Assistant Stewards in three different hostels attached to Agricultural College, Bapatla, which is affiliated to Andhra Pradesh Agricultural University, Rajendra Nagar, Hyderabad. The first and second petitioners were appointed by the Principal, the third respondent here in, by proceedings dated 18th June, 1966 as Assistant Stewards in the Agricultural College Hostel, Bapatla on temporary basis in the scale of pay of Rs. 80-4-100-5-150 80-4-100-5-150 plus usual allowances. The third petitioner was appointed by proceedings dated 30th June, 1981. His appointment was regularised by proceedings No.A.1/5305/82, dated 11th August, 1982 and he was placed on probation for a period of two years within a continuous period of three yeah with effect from 1st July, 1981. The scales of the first and second petitioners were revised in the year 1978 and accordingly by proceedings No.A.I/ 6743/80, dated 4th Novemb...

D. Krishna Murthy and ors. Vs. C. Ramana and ors.

Court: Andhra Pradesh

Reported in: 1993(2)ALT414

ORDERP. Ramakrishnam Raju, J.1. Plaintiffs 3 to 6 are the appellants in this appeal, which is directed against the decree and judgment of a learned single judge of this Court in AS.111/79. The facts of the case in brief are: there is a religious institution by name Rathi Matham (Stone Matham) which is founded by the ancestors of the first plaintiff's husband. After the death of her husband the first plaintiff was in management of the said Matham. The Matham has four mulgis attached to it. The first plaintiff executed a registered settlement deed Ex. B-1 dated 10-6-64 whereunder she transferred the entire property belonging to the Math in favour of D-1 to D-4. Although it was recited in Ex. B-1 that possession was delivered to D-1 to D-4, it is not in dispute that the possession of the property still remained with the plaintiffs. D-1 to D-4 executed an agreement Ex. A-6 dated 30-6-64 where under they agreed that if the first plaintiff nominates her successor they will not have any objec...

P. Gopala Subrehmanyan Vs. Vice Chairman, Housing Commissioner

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. The complainant is an allottee of Flat no.40 (First Floor Flat) in Phase No. 5 Kukatpalle under Self Financing Housing Scheme. The Opposite party is Vice Chairman, and Housing Commissioner of A.P. Housing Board, Hyderabad. The reliefs claimed in the complaint are : (a) Awarding payment of compensation for delaying handing over the possession of the Flat beyond January, 1990; (b) Ordering refund of the enhanced cost of the Flat collected without seeking the extension of the two year limit from the Government and (c) Instructing A.P. Housing Board to complete construction of the Flat and hand over possession of the Flat with all facilities including electricity and water urgently. 2. The complaint came to be filed in the following circumstances. The opposite party on 10.5.1987 notified the proposed construction of flats at the places mentioned in the notification including Kukatpalle under self Financing Housing Scheme. According to the notification th...

Controller of Examination, Board of Intermediate Examinations, Hyderab ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. The respondent in this appeal, who is student studying intermediate, filed the C.D. No. 565 of 1991 in the District Forum Prakasham. Her grievance was that she passed intermediate second year, but her marks list was withheld by the respondent on the ground that she is not having sufficient attendance, is not correct and, therefore, there must be a direction to the respondent Nos.1 and 2 to issue the second year marks sheet as early as possible. 2. Shortly stated, the complainant studied first year intermediate in Inkollu Junior College during the academic year 1987-88 by paying the examination fee. After passing first year, for the second year course, the complainant got transfer to V.R.S. and Y.R.N. College Chirala. She paid the examination fee and received the hall-ticket for the second year examination to be conducted in March 1989. The results were also published on 7.5.1989 wherein she was shown to have passed the examination in the second divis...

New Dwaraka Lunch Home Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Reported in: [1993]91STC36(AP)

D. Majmudar, C.J. 1. The short question involved in this revision is whether the authorities below, including the Sales Tax Appellate Tribunal, were justified in holding that the petitioner was guilty of suppression of turnover of sales and purchases of articles while dealing in cooked food in the name and style of M/s. New Dwaraka Lunch Home at Kakinada. It has been found as a fact by the authorities below that as compared to the returned turnover, the actual turnover of the petitioner was much more. That estimate was made on the basis of the inspection made on spot by the Commercial Tax Officer on October 12, 1987, at 8.40 p.m. in the hotel. It was found that there was cash of Rs. 3,600. It was not supported by various relevant bills and the accounts also were not found to be properly maintained. On the basis of this material, the Commercial Tax Officer made an estimate of purchases and sales undertaken by the petitioner during the year and consequently, sales tax was levied, after c...

Ms. Bramaramba and Others Vs. Managing Director, Bombay Dyeing and Man ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. Case under Section 17 of the Consumer Protection Act 1986 praying that in the circumstances stated in the memorandum of grounds filed herein the State Commission will be pleased to hold that the 2nd petitioner is entitled on the 1st Prize of Maruti Van or the value of the first price i.e., Rs. 1,30,000/- and also the damages of Rs. 20,000/-. 2. This case coming on for hearing upon perusing the memorandum of grounds filed herein, and upon hearing the arguments of Mr. Koka Satyanarayana Rao, Advocate for the petitioners and of Mr. .P. Venugopal, Advocate for the respondents, the Court made the following Order : - 3. The Complainants filed this complaint in the following circumstances. In the 10th All India Industrial Exhibition, Kurnool, the second opposite party i.e. Messrs. Panchajanya Textiles, started a stall in the said exhibition. It also formulated sales promotion scheme. According to the scheme 48 prizes were announced, the first prize being Ma...

Kundrapu Narasimha Naidu and ors. Vs. Kundrapu Kondadu and ors.

Court: Andhra Pradesh

Reported in: 1993(1)ALT347; I(1993)DMC589

M.N. Rao, J.This Letters Patent Appeal arises from the judgment of a learned Single Judge of this Court in A.S. No, 193 of 1978 dismissing the appeal preferred by the appellants who are defendants 4 and 9 to 24 in the suit. The first respondent is the plaintiff in the suit-O.S. No. 201/71 on the file of the Principal Subordinate Judge, Visakhapatnam. For the sake of convenience, the parties in this Letters Patent Appeal are referred to as they are arrayed in the suit.1. The suit O.S. No. 201/71 was instituted in the Court of the Subordinate Judge, Visakhapatnam for partition of the plaint schedule properties into two equal shares and for allotment of one such share to the plaintiff. In the first instance, there were only four defendants in the suit. The first defendant was the adoptive father of the plaintiff. Defendants 2 and 3 are alienees from the first defendant with regard to certain plaint schedule properties. The 4th defendant claimed to be the adopted son of the first defendant...