Andhra Pradesh Court August 1993 Judgments
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Yelamanchili Mahesh Babu and anr. Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Aug-16-1993
Reported in: 1994CriLJ77
ORDER1. This is a petition filed by the petitioners, (A-1 and A-3), under S. 482, Cr.P.C., to quash the order dated 26th June, 1993 in Crl. M.P. No. 1772 of 1993 in Crime No. 4/93 of Dwaraka Tirumala P.S., passed by the II Additional Judicial First Class Magistrate, Eluru directing that the petitioners herein shall be remanded to the police custody for two days for the purpose of investigation. 2. On the allegation that on 27-1-1993 the accused including the two petitioners herein killed two persons and some more persons also received serious injuries, a case in Crime No. 4 of 1993 was registered by the Dwaraka Tirumala Police Station. It appears that on coming to know of the registration of a crime against them, petitioners, who are accused 1 and 3 respectively surrendered before the Magistrate on 23-4-1993 and they were remanded to judicial custody. Thereupon, the Inspector of Police, filed Crl. M.P. No. 1772/93 in the lower court requesting to commit the petitioners (A-1 and A-3) fo...
Shree Vallabh Glass Works Limited and anr. Vs. P. Andaleswaramma
Court: Andhra Pradesh
Decided on: Aug-16-1993
Reported in: 1993(3)ALT74
ORDERS.V. Maruthi, J.1. The Civil Revision Petition is filed against the order of the Principal Subordinate Judge, Vijayawada passed in IA No.4773/91 in RC CMA. No.89/90. The tenants are the revision petitioners. The land-lord respondent filed a petition for eviction on the ground of default in payment of rents. The Rent Controller allowed the petition. Against that order, the tenants filed an appeal before the Subordinate Judge, Vijayawada. Pending disposal of the appeal , they filed IA.No. 4773/91 for stay of eviction. That petition was dismissed by the Subordinate Judge. Against that order, the present revision petition was filed.2. The main ground on which the stay of eviction was prayed before the learned Subordinate Judge, was that the petitioner-company was declared as a sick company and therefore, no eviction can be ordered in view of Section 22 of the Sick Industrial Companies (Special Provisions) Act 1 of 1986. The learned Subordinate Judge rejected the plea on the ground tha...
P.P.P. Industries Vs. Commissioner of Industries and anr.
Court: Andhra Pradesh
Decided on: Aug-13-1993
Reported in: [1994]92STC110(AP)
V. Sivaraman Nair, J.1. These writ petitions are filed by small-scale industrialists in the State seeking directions to the respondents to provide them sales tax holiday up to the sum of Rs. 35,00,000 in terms of G.O. No. 498, Industries and Commerce (IA) Department, dated October 16, 1989. They also seek a consequential direction that the action of the respondents in restricting the amount of such sales tax incentives/exemption to a sum equal to the capital investment of each of the industrial units as illegal, arbitrary and without jurisdiction. 2. The undisputed facts are only a few. The petitioners established small scale industrial units involving capital investments of less than Rs. 35,00,000 in each case subsequent to October 3, 1989 which was the relevant date according to G.O. Ms. No. 498 dated October 16, 1989. Admittedly, they were entitled to 'tax holiday' in terms of clause 3 of the above order, though the Government Pleader for Commercial Taxes has advanced a rather belat...
Gopibandhu Sahu Vs. the State of Andhra Pradesh Rep. by the Public Pro ...
Court: Andhra Pradesh
Decided on: Aug-13-1993
Reported in: 1994(1)ALT369
G. Radhakrishna Rao, J.1. This is an appeal preferred by the accused challenging the judgment of the Additional District & Sessions Judge, Vizianagaram dated 22-4-1993 passed in C.C.No. 2 of 1993, on his file, convicting him for the offence under Section 8(c) r/w. Section 20(b)(i) of the N.D.P.S. Act (Narcotic Drugs and Psychotropic Substances Act, 1955) and sentencing him to undergo rigorous imprisonment for 3 years.2. The brief facts of the prosecution case are as follows:- On the intervening night of 17/18-12-1992 17/18-12-1992 atabout3-30 hours, i.e., on the early hours of 18-12-1992 the accused was found in possession of a suit case and a bag containing 'Ganja' of 18 Kgs 20 grams. P.W.2 Ch. Panta Rao, Probationary S.I of Police and his staff surrounded the accused and caught hold of him and the accused was arrested and the ganja was seized.3. It is mainly contended by the-learned Counsel for the accused that it is the duty of the police to apprise the accused after arrest that he ...
Nalla Venkateshwarlu Vs. Porise Pullamma and Another
Court: Andhra Pradesh
Decided on: Aug-12-1993
Reported in: AIR1994AP87; 1993(3)ALT532
1. This second appeal arises out of partition suit filed by the respondent. One Narasimham died on 22-8-1974 leaving the plaintiff-daughter, two sons defendant 1 and defendant 2 and wife defendant No. 3 as his heirs. After the death of the said Narasimham, the plaintiff filed O.S. No. 167 of 1975 on the file of District Munsif, Tiruvuru, for partition and separate possession of 1/4th share of plaint schedule properties. There are two schedules in the plaint. Plaint 'A' Schedule contains two items -- item 1 consists of agricultural lands and item 2 comprises of thatched house and land appurtenant thereto and plaint 'B' Schedule contains moveable said to have been left by the deceased.2. The plaintiffs case is that her father and brothers effected partition of the joint family properties on 5-11-1963. Under the partition, the plaintiff got immovable property mentioned in the plaint 'A' schedule. The plaintiff demanded partition of the plaint schedule properties. But, as the defendants, w...
Abdul Latif Sahib and ors. Vs. Shaik Dastagir Sahib and ors.
Court: Andhra Pradesh
Decided on: Aug-12-1993
Reported in: 1993(3)ALT56
M.N. Rao, J.1. This letters patent appeal by defendants 1 to 18 in the suit is from the judgment of a learned single Judge in A.S.No. 475 of 1977 granting a preliminary decree in favour of the first plaintiff (respondent No. 1 herein) setting aside the judgment of the learned Subordinate Judge, Chirala in O.S.No. 48 of 1971 dismissing the suit.2. Respondents 1 and 2 herein instituted the suit - O.S.No. 48 of 1971 -claiming 1/18th share in the suit properties as successors of their father -Mohammed Kasim - and in addition, the first plaintiff (respondent No. 1) also claimed 1/3rd share in the suit properties on the basis of a gift deed, Ex.A-1, dated 19-12-1938 executed by one Chettabi. In other words, they claimed division of the plaint schedule properties admeasuring Ac.80-54 cents into 18 shares and allotment of seven shares to them. The suit properties are situate in Ramanayapalem village, near Cherukuru, Chirala taluk, Ongole District.3. In Fasli 1221 (1812), one Raja Venkata Krish...
S. Rama Gopal and ors. Vs. Commissioner, Municipal Corporation of Hyde ...
Court: Andhra Pradesh
Decided on: Aug-12-1993
Reported in: 1993(3)ALT660
P. Venkatarama Raddi, J.1. The petitioners are questioning the notices dated 14-12-1992 issued by the Commissioner, Municipal Corporation (1st respondent). The notices were purportedly issued under Section 461 of the Hyderabad Municipal Corporation Act, 1955. All the notices are similar in printed forms. The notice in the Case of 2nd petitioner reads as follows:'Municipal Corporation of Hyderabad(Notice under Section 461 of the HyderabadMunicipal Corporation Act, 1955)SI.No. 59Original Book No. 206.Date: 14-12-92.ToSri Vijaya Shanker GoenkaPlot 234 - R.No. 36.Whereas it is noticed that the erection/re-erecrion of the Building/ execution of the works as detailed below have been unlawfully commenced/ is being unlawfully carried on by you upon Premises No. Plot No. 234 situated at Jubilee Hills, Hyderabad you are hereby directed to stop the said construction work forthwith as the same is carried on without seeking permission as required Under Section 428 / contrary to the sanction plan/co...
Guntuboyina Gangulu Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Aug-11-1993
Reported in: 1993(3)ALT643; 1993CriLJ3773
ORDER1. The sole accused was found guilty for the offence punishable under Section 376 of the Penal Code and he was convicted and sentenced to undergo rigorous imprisonment for a period of 7 years and to pay a fine of Rs. 500/-, in default to undergo rigorous imprisonment for a period of one year, by Assistant Sessions Judge, Rajam. 2. On appeal also, the learned Sessions Judge, Srikakulam, confirmed the same, believing the evidence of the prosecutrix P.W. 1 mainly. Questioning the judgment of the learned Sessions Judge, the present criminal revision case is preferred. 3. The case of the prosecution is that on 7-11-1987 in the evening at about dusk time, while P.W. 1 (married lady) was returning to her parents house through Barikabanda alone, the accused came, stopped her, put a piece of cloth in her mouth, carried her to the bushes nearby, fell her down on the ground, caught hold of her legs and hands and forcibly had sexual intercourse, even though she is resisting. P.W. 2, who is th...
S. Anjaneyulu Vs. Soorampally Venkata Rama Gupta and Soorampally Satya ...
Court: Andhra Pradesh
Decided on: Aug-11-1993
Reported in: 1993(3)ALT607
ORDERParvatha Rao, J.1. The petitioner in this Civil Revision Petition questions the order of the learned Subordinate Judge at Vizianagaram in I.A.No. 1087 of 1987 in O.S. No. 129 of 1985 allowing the said LA. presented by the first respondent herein under Order 1 Rule 10 of the Code of Civil Procedure for transposing him as the second plaintiff in the said suit and permitting him to continue that suit.2. The facts are in a brief compass. The said suit - O.S.No. 129 of 1985 - is for partition of the plaint schedule dwelling house. Defendants 1 to 4 in the said suit are the brothers of the plaintiff and defendants 5 to 7 therein are his sisters. The plaintiff died on 11-4-1987. No application was filed to bring his legal representatives on record under Order 22 Rule 3 of the Code of Civil Procedure and, therefore, the suit abated so far as the plaintiff was concerned. On 26-8-1987 the first respondent herein, who is the second defendant in the suit, filed the present application - I.A.N...
P. Hanumantha Rao Vs. the Chief Rationing Officer and anr.
Court: Andhra Pradesh
Decided on: Aug-11-1993
Reported in: 1993(3)ALT442
ORDERP. Venkatarama Reddy, J.1. The petitioner who was granted an authorisation to run the Fair Price Shop No. 682 situate at Bagh Amberpet, Hyderabad, has filed this Writ Petition questioning the order of suspension dated 17-6-1993 passed by the 2nd respondent. In the said order, it is stated that the Asst. Supply Officer reported that the Vigilance Cell has registered a case under Section 6A of the Essential Commodities Act against the petitioner on detecting certain irregularities on 10-6-1993 and arrested the dealer. It is then stated as follows:'In view of prima facie evidence, I hereby order for the suspension of authorisation issued to run the F.P. Shop No. 682 under Clause 3(4) until finalisation of the 6-A case in the Court of the Chief Rationing Officer, Hyderabad.'The household supply cards were tagged on to F.P. Shop No. 682. An appeal against the order was preferred to the Chief Rationing Officer, who is the 1st respondent herein, on 21-6-1993. The petitioner also sought f...
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