Andhra Pradesh Court June 1993 Judgments
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Daggupati Jayalakshmi Vs. the State
Court: Andhra Pradesh
Decided on: Jun-23-1993
Reported in: 1993CriLJ3162; II(1993)DMC581
G. Radhakrishna Rao, J. 1. This matter has come up for hearing before this Bench on a reference made by our learned brother D. J. Jagannadha, J., vide his order dated 6th April, 1993 made in Crl.M.P. No. 988 of 1993. 2. Crl.M.P. No. 988 of 1993 is a petition filed by Smt. Daggupati Jayalakshmi, the de facto-complainant, under section 482 of the Code of Criminal Procedure, to direct the Munsif-Magistrate, Ponnur to permit her to withdraw the case pending before him in C.C. No. 10 of 1993, on his file, by compounding the offences under sections 498A, 323 and 494 read with Section 109 of the Indian Penal Code against A-1 to A-7. 3. Relying upon T. Venkatalakshmi v. State of Andhra Pradesh, (1990) 3 Andh LT 424 : (1991 Cri LJ 749), it was contended before our learned brother D. J. Jagannadha Raju, J. that the court by exercising the inherent power under section 482 of the Code of Criminal Procedure, has got the power to permit the petitioner to have the offences compounded even though the ...
i.T.C. Bhadrachalam Paper Boards Ltd. Vs. Industrial Tribunal-cum-labo ...
Court: Andhra Pradesh
Decided on: Jun-23-1993
Reported in: 1993(2)ALT495; (1994)ILLJ297AP
ORDEREswara Prasad, J.1. The question arising for consideration in this writ petition is, whether the first respondent-Labour Court, could invoke its jurisdiction and power under Section 11A of the Industrial Disputes Act, 1947 ('the Act' for short) and interfere with the punishment imposed by the petitioner without taking into consideration all the relevant facts and factors.2. It is necessary to set out the facts leading to the filing of this writ petition: The 2nd respondent was working as electrician in the organisation of the petitioner-Bhadrachalam Paper-boards Limited. He was removed from service with effect from December 1, 1988 on the ground of misconduct, namely for assaulting and abusing the security manager of the petitioner organsiation, using obscene and filthy language. After due enquiry, the charges framed against him were held proved and it was held that the petitioner was guilty of misconduct alleged against him and was ultimately removed from service. It was found th...
M. Jayanth Kumar Reddy Alias Jayanth Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Jun-22-1993
Reported in: 1993CriLJ3875
Radhakrishna Rao, J.1. The sole accused in Sessions Case No. 157/91 on the file of the learned I Addl. Sessions Judge, Chittoor is the appellant herein. In the trial court he was charge-sheeted under Section 302, IPC for committing murder of the deceased Syed Imran Ahmed, aged 6 years by throwing him into the well on 28-1-1991 at about 7.45 p.m. in Balaji colony, Chittoor. 2. The prosecution case, in brief, is as under : The accused is a student residing in Ramnagar colony, in Chittoor. The deceased aged 6 years is the son of P.Ws. 1 and 2. P.W. 1 is tenant of the father of the accused. On 28-1-1991 at about 7.30 p.m. while P.W. 1 was in this house, the deceased left the house stating that he is being called by the accused and he will return after a short time. After some time P.W. 1 went to bazar. When he returned from the bazar, his wife P.W. 2 informed him that the deceased had not gone to the portion of the accused, as informed by the mother of the accused. Then P.W. 1 went to the ...
Muppala Maheswara Raju Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Jun-22-1993
Reported in: 1994CriLJ814
1.This appeal by Accused No. 1 is from the judgment of the learned I Additional Sessions Judge, Cuddapah, in S.C. No. 9 of 1991 convicting and sentencing him to suffer Imprisonment for life, for the offence punishable under S. 302 of the Indian Penal Code. 2.There were two accused in the Sessions Case before the learned Additional Sessions Judge. The charge against them is that on or about 13-6-1990 at about 10 a.m. at the house of the deceased No. 1 Vellamraju Chinna Subbamaraju committed the murder of deceased No. 1 and Deceased No. 2 Pandeti Venkataraju by making them to consume arrack which was mixed with potassium cynide supplied by one Konduru Subbarama Raju (P.W. 3). 3. In support of its case, the prosecution has examined P.Ws. 1 to 18 and marked Exs. P.1 to P.20, P.1(a), P.1(b), P.1(c), P.12(a) and P.13(a). On behalf of the defence Exs. D.1 to D.5 were marked. 4. On a consideration of the evidence adduced on behalf of the prosecution, the learned Additional Sessions Judge held ...
Krishna Reddy Vs. Joint Collector, Chittoor, and ors.
Court: Andhra Pradesh
Decided on: Jun-21-1993
Reported in: 1993(2)ALT321; 1994CriLJ1091
ORDER1. Petitioner seeks a writ of certiorari or any other appropriate writ or order of direction calling for records pertaining to proceedings in D. Dis. No. 10149/90 dated 27-12-1990 issued by the 2nd respondent, and to quash the same as illegal, arbitrary and unconstitutional, and consequently to hold that the petitioner is entitled to continue as Fair Price shop dealer of Kollabayalu village, Madanapalle mandal of Chittoor district. 2. Petitioner is a Fair Price shop dealer of Kollabayalu village from 1972 onwards. It is stated that he has been discharging his duties as such to the utmost satisfaction of the villagers and that after the advent of the Telugu Desam party in the State of Andhra Pradesh, he has been associated with the said political party and is President of the village committee. It is also stated that some villagers, who are inimical to the petitioner, sent a petition against the petitioner alleging certain irregularities in the distribution of essential commodities...
N.H. Lamani Vs. Central Govt., Ministry of Rlys and ors.
Court: Andhra Pradesh
Decided on: Jun-21-1993
Reported in: 1993(2)ALT436; (1994)ILLJ475AP
ORDERMotilal B.Naik, J.1. Petitioner entered into service of the Railway Protection Force on June 15, 1970 as 'Rakshak', which is now re-designated as 'Constable of RPF'. Subsequently, he was promoted as Naik on July 3, 1986. He had put in around 15 years of service without any blemish and had earned some monetary awards and few merit certificates. While so, under Rule 152 of the Railway Protection Force Rules, 1987 (hereinafter referred to as 'the Rules'), a charge-memo was issued to the petitioner, which was received by him on April 14, 1990. The charges are as under:'1. He assaulted the off-duty constable 758 D.S. Naik of Hubli Post at about 22.30 hours of March 15, 1990 and beaten him with the help of four outsiders near Railway Quarter No. 477 in Cement Chawl, Hubli causing serious head injuries to the constable. 2. He made similar attempt on March 5, 1990 at MRJ Pay Office to assault the said constable with rifle and knife while both of them on cash escort duties with separate pa...
T.L. Prakash Rama Rao Vs. the District Collector and ors.
Court: Andhra Pradesh
Decided on: Jun-21-1993
Reported in: 1993(3)ALT149
ORDERB. Subhashan Reddy, J.1. This case which arises under the Land Acquisition Act is an atrocious one for the reason that not that the requisitioning authority wants the land for any public purpose, but wants the water which was struck in the petitioner's land and for that reason requisitioned it and the acquisitioning authority has accepted.2. Mr. D.V. Seetharam Murthy, the learned counsel appearing for the requisitioning authority i.e. Navodaya School, very vehemently contends that several students are being imparted education in the Navodaya School and the education being a noble public purpose, the acquisition is not bad. But, I am afraid, I cannot accede to his contention as, however, noble the public purpose is, the Land Acquisition Act, 1894 (hereinafter referred to 'as the Act') cannot be subverted and distorted for depriving any person of his property in this fashion. What was hitherto a fundamental right to property is now transformed into a constitutional guarantee under A...
Sanjeevayya Nagar Co-operative House Building Society Ltd. Vs. S. Mala ...
Court: Andhra Pradesh
Decided on: Jun-18-1993
Reported in: AIR1994AP57
ORDERS. Parvatharao, J.1. The appellant before us is the plaintiff, a co-operative house building society. It filed a suit represented by its President, out of which the present Letters Patent Appeal arises, for perpetual injunction against respondents 1 to 4 herein (defendants 1 to 4 respectively) restraining them, their representatives, servants, agents or any person or persons claiming any interest whatsoever from interfering with the peaceful possession and enjoyment of the plaint schedule property. The suit was decreed by the trial Court. The defen-ants preferred appeals against the said judgment and decree of the trial Court and the learned single Judge of this Court allowed the appeals and dismissed the suit. The plaintiff questions the correctness of the learned single Judge's judgment in this Letters Patent Appeal. We are also inclined to dismiss the suit but for reasons different from those of the learned single Judge.2. The plaintiff rests its case on 4 registered sale deeds...
Marthi Narashimhasastry and anr. Vs. D. Srilaxmi Padma and ors.
Court: Andhra Pradesh
Decided on: Jun-18-1993
Reported in: 1994(2)ALT277
S. Dasaradharama Reddy, J.1. This is an appeal filed by the parents of the deceased Subrahmanyam against the award of the Motor Vehicles Accidents Claims Tribunal, Krishna at Vijayawada in M.V.OP No. 137 of 1985, granting a sum of Rs. 19,000/- as compensation as against Rs. One Lakh claimed.2. The case of the appellants is that their son aged about 20 years, studying II year B.Sc. and who was also a sportsman, died on 25-3-1984 as a result of collision between a luna moped which he was driving and the lorry bearing Registration Number ADK 8836. The parents claimed compensation of Rs. One Lakh as under:Compensation for loss of earning/loss of life : 80,000Compensation for loss of love and affection to the 1st petitioner : 10,000Compensation for loss of love and affection to the 2nd petitioner : 10,000The owner of the lorry and driver remained ex parte. The Insurance Company with which the lorry was insured, has opposed the claim contending that the accident might be due to the negligenc...
Surabhi Baburao Vs. Vullingala Suryanarayana and ors.
Court: Andhra Pradesh
Decided on: Jun-18-1993
Reported in: 1993(2)ALT317
P. Ramakrishnam Raju, J.1. The plaintiff in O.S.No. 304 of 1984 on the file of the Additional District Munsif's Court, Anakapalli, is the petitioner who is challenging an order refusing amendment to the plaint.2. The petitioner-plaintiff filed the suit for recovery of rents against the respondents who are his tenants. The respondents took the stand that the petitioner has no title and that there is no relationship of tenant and landlord between them. In view of the denial of title by the respondents, the petitioner was constrained to file an application for amendment of the plaint seeking the relief of declaration of title to the plaint schedule property. The respondents opposed the said application under three counts. Firstly, inasmuch as the proposed amendment ousts the jurisdiction of the Court; secondly, it changes the form and cause of action of the suit; and thirdly, the relief of declaration of title has been barred by time and as such, the amendment cannot be permitted.3. The l...
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