Andhra Pradesh Court July 1993 Judgments
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Amali English Medium High School and Another, Ect. Vs. the Government ...
Court: Andhra Pradesh
Decided on: Jul-30-1993
Reported in: AIR1993AP338; 1993(3)ALT294
ORDERP. Venkatarama Reddi, J.1. Whether the tuition fee that could be collected by the unaided English Medium Educational Institutions under private managements can exceed the ceiling prescribed by G. O. Ms. 379 Education (SSE) Department dated 9-8-1985 which is a notification issued under S. 7 of the Andhra Pradesh Educational Institutions (Regulation of Admissions and Prohibition of Capitation Fee) Act, 1983, S. 7 is the question that broadly arises for consideration by this Full Bench. Incidentally these cases raise the point whether the said notification stands superseded by the Rules framed by the State Government under the Andhra PradeshEducation Act, 1982 through G. O. Ms. 524,Edn. (Rules) Department dated 20-12-1988.The effect of the representation made by thelearned Advocate General pursuant to whichthe earlier batch of writ petitions was disposed of as infructuous, also falls for ourconsideration. 2. The petitioners in the C. R. P. as well as in the writ petition are the Mana...
Public Prosecutor, High Court of Andhra Pradesh, Hyderabad Vs. Bandi B ...
Court: Andhra Pradesh
Decided on: Jul-30-1993
Reported in: 1994CriLJ331
G. Radhakrishna Rao, J. 1. This appeal by the State is from the judgment of the learned Additional Sessions Judge, Sangareddy in S.C. No. 9 of 1989, acquitting the accused-respondent for the offences punishable under Ss. 302 and 324 of the Indian Penal Code. 2. The charges against the accused are that on 9-9-88 at 6-00 p.m. at Potharam village, he committed the murder of one Bandi Muthaiah, the deceased, by beating him with a wooden pestle (pounder) on the neck and thereby committed the offence punishable under S. 302, IPC and secondly that on the same date and time the accused voluntarily caused hurt to Bandi Yellaiah (P.W. 1) with a stick on his head and thereby committed the offence punishable u/S. 324, IPC. 3. The case of the prosecution, in brief, is as follows : One Bandi Yellaiah (P.W. 1) had two wives viz., Bandi Pochavva (P.W. 3) and Bandi Yellavva (P.W. 2). The deceased Muthaiah is the son of P.W. 1 through his first wife P.W. 3. Accused is the son of the brother of P.W. 1. T...
Kishan Bahadur Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Jul-28-1993
Reported in: 1994(1)ALT(Cri)620; 1994CriLJ1418
1. The present Criminal Appeal is preferred against the conviction and sentence awarded in S.C. No. 65 of 1990 on the file of the II Additional Metropolitan Sessions Judge, Hyderabad dated 29-1-1991. 2. On committal the following two charges have been framed. 1. That you on or about the 5th day of September, 1989 at about 4.00 p.m. at your house in plot No. 36, Bapu Bagh Colony, Secunderabad, abetted the commission of suicide by your wife, Smt. Durga Devi as you have abused her in filthy language in a drunken condition and that you thereby committed an offence punishable under section 306 of the Indian Penal Code, and within cognizance of this Sessions Court. 2. That you being the husband of the deceased Smt. Durga Devi on the 5th day of September, 1989 at about 4.00 p.m. and on the previous occasions subjected her to cruelty and that you thereby committed an offence punishable under section 498A of the Indian Penal Code, and within the cognizance of this Session Court. 3. In support o...
Smt. Margeretamma Vs. Sri D.L.N. Murthy, Secretary, Govt. of A.P. Educ ...
Court: Andhra Pradesh
Decided on: Jul-28-1993
Reported in: 1993(3)ALT232
ORDERImmaneni Panduranga Rao, J.1. This contempt case is filed by the widow of late G. Krupanandam, under Sections 10 - 12 of the Contempt of Courts Act, 70 of 1971 (hereinafter referred to as the 'Act') for punishing the respondents for not having complied with the directions issued by this Court in WPMP No. 18938 of 1989 in W.P. No. 14310 of 89 dated 6-10-1989. Originally three respondents were impleaded and later by order dated 30-10-1992 in Contempt Application No. 429/92, the fourth respondent has been impleaded.2. The petitioner contended that the order dated 6-10-1989 passed in WPMP No. 18938 of 89 has not been implemented by paying the salary due to her deceased husband in the light of the judgment in W.P. No. 4926 of 1986 dated 18-1-1989, which amounts to disobedience of the orders of this Court. The petitioner contended that by virtue of interim directions, she is entitled for payment of half of the salary which was payable to her husband during his life time. She got issued ...
Modgi Krishna and Others Vs. Modgi Krishna Bai and Others
Court: Andhra Pradesh
Decided on: Jul-27-1993
Reported in: AIR1994AP16
M.N. RAO, J.1. This Letters Patent Appeal by defendants 2 to 10 in O.S. No. 20 of 1976 is from the judgment and decree of a learned single Judge in A.S. No. 441 of 1980 partly allowing the appeal by remanding the case for fresh enquiry in regard to the movable properties covered by plaint 'B' schedule and affirming the judgment and decree of the trial Court to the extent of the claim of the plaintiff for 1/4th share in the immovable properties covered by plaint 'A' schedule.2. This case has a long history. The plaintiff in O.S. No. 20 of 1976 is the widow of one Tayappa who died intestate on 16-7-1959 surviving him his two widows -- the plaintiff and another widow, the first defendant. Defendants 2 to 9 are the sons and daughters of one Dasarath and defendant No. 10 is the widow of Dasarath, the cousin brother of Tayappa. The said Dasarath died on 9-2-1974. Alleging that Tayappa and Dasarath constituted members of a joint family owning plaint 'A, B, C & D' schedule properties and the o...
S.V. Krishna Reddy Vs. S. Mariam Bee and ors.
Court: Andhra Pradesh
Decided on: Jul-26-1993
Reported in: 1993(3)ALT44
ORDERS. Parvatha Rao, J.1. The petitioner questions the order of the learned Principal Subordinate Judge at Anantapur in I.A. No. 740 of 1987 in O.S. No. 189 of 1983 dt.26-10-1992 rejecting the application made under Rule 10 of Order 1 of the Civil Procedure Code for impleading respondents 2 to 4 herein as defendants 2 to 4 in the said suit O5. No. 189 of 1983. The said suit was filed by the petitioner herein against the 1st respondent herein for specific performance of an agreement of sale dated 9-6-1983 said to have been executed by the 1st respondent in his favour. The said suit was instituted on 29-9-1983.2. The reasons for presenting I.A. No. 740 of 1987 were given by the petitioner in his affidavit in support of the said LA. in the following manner: The 1st respondent herein entered into a partition with respondents 2 to 4 in respect of the property which is the subject matter of the suit agreement. According to him, there cannot be any joint family among Muslims and the partitio...
Vandavasi Karthikeya Alias Krishna Murthy Vs. S. Kamalamma and Others
Court: Andhra Pradesh
Decided on: Jul-23-1993
Reported in: AIR1994AP102; 1993(3)ALT320
1. This letters patent appeal is from the judgment of a learned single Judge in A.S. No, 204 of 1978 allowing the appeal filed by respondents I to 3 herein against the judgment and decree in O.S. No. 21 of 1974 decreeing the suit filed by the appellant herein.2. Whether the appellant-plaintiff --Karthikeya alias Krishna Murthy -- is the adopted son of Venkala Subbaiah, his junior paternal grandfather, is the only question that arises for consideration in this letters patent appeal.3. One Narasimhulu was the great grandfather of the appellant and he had two sons --Perumailu, the paternal grand-father of theappellant and Venkata Subbaiah. Perumallu died in 1932 surviving him behind two sons and one daughter -- Srinivasa Varma, Govindarajulu (the Father of the appellant) and Adilakshmamma. Srinivasa Verma has one daughter and one son -- Nagabhushan-arama and Subrahmanyam. Govindarajulu has four sons including the appellant and one daughter. Venkata Subbaiah, the junior paternal grandfathe...
Dr. Kalaignar Karunanidhi Silk Handloom Weavers' Co-operative Producti ...
Court: Andhra Pradesh
Decided on: Jul-23-1993
Reported in: AIR1994AP131; 1993(3)ALT663
1. This Civil Miscellaneous Appeal is preferred against the order of the learned Subordinate Judge at Vijayawada in LA. No. 1023 of 1989 in O.S. No. 67 of 1987 dated 30-10-1989 dismissing the said I. A. filed for setting aside 'the abatement in filing the petition for impleading the respondent 2 to 6 as legal heirs of the 1st respondent as respondents in the claim petition.' The 1st respondent herein filed O.S. No. 67 of 1987 against the 7th respondent herein. In the said suit he filed I.A. No. 271 of 1987 and got the silk sarees worth about Rs. 61,660/- attached on 28-1-1987 alleging that the 7th respondent herein who is the defendant in the said suit was the owner of the said sarees. The appellant herein filed claim petition I.A. No.417 of 1987 contending that the said sarees belong to it. After the appellant filed the said I. A. No.417 of 1987, the 1st respondent i.e., the plaintiff in the suit, died on 7-11-1988 leaving behind respondents 2 to 6 herein as his legal representatives....
K.K. Maheshwari and anr. Vs. Rockhard Building Materials Limited Rep. ...
Court: Andhra Pradesh
Decided on: Jul-23-1993
Reported in: 1993(3)ALT160
ORDERV. Sivaraman Nair, J.1. The petitioners seek two reliefs in this petition which is filed under Section 284 of the Companies Act. Those are (i) that an order be passed directing the respondents to relieve and release the petitioner from the personal guarantee (surety executed by him in favour of respondent No.8), and (ii) to declare the removal of the petitioner from the Joint Managing Directorship under Resolution passed by the 1st respondent in the Annual General Body Meeting held on 28-12-1991 as illegal, arbitrary and contrary to the provisions of Section 284 of the Companies Act.2. I have not been referred to any provision which confers jurisdiction on this Court to consider a complaint by a person who is removed from the post of Director in defiance of the provisions of Section 284 of the Companies Act. Counsel for the petitioner submits that the authority which is competent to entertain and consider the disputes alleging non-compliance of Section 284 of the Act is not specif...
M. Kishore Kumar Vs. Mohd. Akbar Siddiqui and ors.
Court: Andhra Pradesh
Decided on: Jul-23-1993
Reported in: 1993(3)ALT429
ORDERMotilal B. Naik, J.1. This Civil Revision Petition is directed against the Order passed by the VI Assistant Judge, City Civil Court, Hyderabad in I.A.No. 133 of 1989 in O.S.No. 1813 of 1986, Dated 18-12-1989.2. In order to appreciate the contentions raised in this Revision Petition, it is necessary to state few facts of the case.3. The petitioner is the first defendant and the first respondent herein is the plaintiff in O.S.No. 1813/86. The suit was instituted against the petitioner and respondents 2 and 3 herein for perpetual injunction in respect of the premises bearing No. 10-4-771/643/1, Plot No. 2 in Survey No. 27 Masab Tank, Hyderabad. In the said suit, an application for interim injunction was filed which was granted by the Court. In the guise of interim orders, the first respondent made some improvements and additions to the suit premises by way of some constructions. While so, against the order of interim injunction, the matter was carried to the High Court by the petitio...
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