Andhra Pradesh Court September 1993 Judgments
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P. Krishna Murthy Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Sep-30-1993
Reported in: 1993(2)ALT(Cri)562; 1994CriLJ506
1. The husband and the mother-in-law of one P. Renuka (hereinafter referred to as 'the deceased') have been tried for the offences punishable under Ss. 306 and 498A, I.P.C. on the allegations that on 15-5-1984 in the morning at Hari Nagar, Hyderabad, they have abetted the deceased to commit suicide, as a result of which she jumped into the waters of the filter house at Nagarjunasagar and put end to her life, and that the harassment and illtreatment of A1 and A2 demanding the deceased to get more dowry has resulted in the said suicide. The learned I Additional Metropolitan Sessions Judge has come to the conclusion that the prosecution has failed to prove the case against A2 for both the charges framed against her and that the prosecution has failed to prove its case under S. 306, I.P.C. against A1. He has, therefore, acquitted both A1 and A2 for the offence punishable under S. 306, I.P.C. and A2 for the offence punishable under S. 498A, I.P.C. He has, however, convicted A1 under S. 498A...
MatadIn Garwal Vs. Syed Abdul Razack
Court: Andhra Pradesh
Decided on: Sep-30-1993
Reported in: 1993(3)ALT280
P. Ramakrishnam Raju, J.1. This Letters Patent Appeal is filed against the order dated 3-8-1993 made in Review C.M.P.No. 7256 of 1993.Theappellantfiledasuitforspecific performance of the agreement of sale dated 27-6-1978. The suit was filed on 1-9-1981. The suit was partly decreed granting alternate relief of recovery of money. Challenging the said Decree, C.C.C.A. No. 47 of 1990 was filed. Pending the appeal, the appellant obtained interim injunction in C.M.P. No. 9018 of 1990 dated 5-7-1990 restraining the respondent from alienating the plaint schedule property. Many attempts were made to serve the order of injunction on the respondent through registered post, through process server of the Court and also by substituted service. The case of the appellant is that the respondent evaded to receive the notice. As the respondent executed four registered sale deeds dated 10-9-1990; 14-9-1990; 4-11-1990 and 22-11-1990, the appellant filed an application in C.M.P. No. 6727 of 1991 under Order...
A. Ramachandra Naidu Vs. the Chittoor Dist. Central Co-operative Store ...
Court: Andhra Pradesh
Decided on: Sep-27-1993
Reported in: AIR1994AP70; 1993(3)ALT276; [1995]84CompCas656(AP)
ORDER1. Aggrieved by the order of the Principal District Munsif, Chittor in I.A. No. 467 of 1990 in LA. No. 1537 of 1989 in O.S. No. 569 of 1986, this Civil Revision Petition is filed by the petitioner-plaintiff.2. The short question that falls for consideration in this C.R.P., is the proper interpretation of the provisions of Section 121 of the Andhra Pradesh Co-operative Societies Act, 1964 (for short, 'the Act').3. The petitioner-plaintiff filed I.A.No. 467 of 1990 seeking permission to im-plead the Liquidator as one of the respondents-defendants in I.A. No. 137 of 1989 aswell as in the suit O.S. No. 569 of 1986, filedby the petitioner. The petitioner filed the suitO.S. 569 of 1986 for permanent injunctionregarding the vacant site let out to the petitioner by the respondent-society. It is statedthat the suit was dismissed for default. Therefore, the petitioner was constrained to file I.A.No. 1537 of 1989 under Order IX, Rule 9 ofCivil Procedure Code seeking restoration ofthe suit. W...
Swamidas Ravi Prasad Rao Vs. T. Kasturibai and anr.
Court: Andhra Pradesh
Decided on: Sep-24-1993
Reported in: 1994(1)ALT81; II(1994)DMC480
P.L.N. Sarma, J.This reference case is coming up before us under Section 17 of the Indian Divorce Act, 1869, (for short 'The Act') for confirmation of the decree dissolving the marriage between the petitioner and the respondent passed by the Additional District Judge, Tirupathi.1. Petitioner is the husband while the first respondent is the wife and second respondent is the alleged adulterer. The parties are referred to as such in this Judgment for convenience sake.2. Husband filed O.P. No. 336 of 1988 on the file of Additional District Judge, Tirupathi under Section 10 of 'The Act' seeking dissolution of the marriage solemnized on 25.5 1984 in the Church at Burripalem. O.P. 336 of 1988 was presented alleging that the husband and the wife are Christians by birth and their marriage was solemnized in the Church at Burripalem on 25.5.1984 and that the wife even from the date of the marriage developed dislike towards the husband and after the marriage she was brought to Tirupathi on 3.6.198...
Marri Venkaiah and ors. Vs. the Special Deputy Collector (Land Acquisi ...
Court: Andhra Pradesh
Decided on: Sep-24-1993
Reported in: 1994(1)ALT491
ORDERY. Bhaskar Rao, J.1. Writ Petition No. 1917 of 1990 is filed for a writ of mandamus directing the respondents to re-determine the compensation under Section 28-A of the Land Acquisition Act (hereinafter referred to as the 'Act'), or, in the alternative, to make reference under Section 18 of the Act to the competent civil Court for the enhancement of the compensation by declaring the Proceedings No. B/1043/89, dated 20-1-90 of the 1st Respondent as illegal, void and without jurisdiction.2. Writ Petition No. 6410 of 1990 is filed for a similar direction, viz., for a direction declaring the order passed by the respondent in L.Dis. No. 2464/90, dated 21-4-1990, as illegal and as a consequence thereto, direct the respondent to pay to the petitioner the re-determined compensation with regard to his lands comprising Ac. 1.37 cents in S.No. 477/A and Ac. 1.68 cents in S.No. 477/B2A of Perumanchala Village, in accordance with the compensation awarded in O.P.No. 1447 of 1987 on the file of ...
Addepalli Venkata Laxmi Vs. Ayinampudi Narasimha Rao and Others
Court: Andhra Pradesh
Decided on: Sep-22-1993
Reported in: AIR1994AP72
ORDERG. Radhakrishna Rao, J.1. These two Letters Patent Appeals arise out of two suits -- O. S. No. 55 of 1977 and O.S. No. 109 of 197S originated from the Court of the Subordinate Judge at Tenali.2. In Original Suit No. 55 of 1977, originally one Ayinarnpudi Subrahmaniam was the owner of the plaint schedule properties. He died on December 26, 1943 leaving behind his first and second wives Veeramma and Pari-purnamma. Subrahmaniam had no issues through his first wife Veeramma. Through Paripurnamma, he got four children three daughters and a son. At the time of death of Subrahmaniam, his son was aged about 6 months. His daughters are Addepalli Venkata Lakshmi, plaintiff in O.S. No. 55 of 1977, Ramaratnam and Hanumayamma. Venkatalaxmi married to one Subbarao and after her marriage, she was residing at Tenali. Whilethe matters stood thus, Venkatalaxmi filed the suit O.S. No. 55 of 1977, claiming that she is entitled to the properties that fell to her share as they were in the enjoyment of ...
Muramalla Ammannaraju Vs. Babba Seetaratnam and anr.
Court: Andhra Pradesh
Decided on: Sep-22-1993
Reported in: 1993(3)ALT221
ORDERG. Radhakrishna Rao, J.1. This revision is directed against the Judgment of the learned District Judge, at Rajahmundry in A.T.A. No. 15 of 1992 allowing the same and granting interim injunction against the revision petitioner in I.A.No. 365 of 1991 in A.T.C. No. 31/1991.2. The first respondent had taken a preliminary objection before the learned Single Judge of this Court contending that since the proceedings arose out of Andhra Tenancy Act, revision is not maintainable under Section 115 C.P.C. The learned Single Judge N.D. Patnaik, J., in his order dated 5-3-1993 observed as follows:-' Since this question involves a matter of considerable importance under the Andhra Tenancy Act, I feel that it is desirable that an authoritative pronouncement by a Division Bench on this aspect is required. I, therefore, refer the following questions for decision by a Division Bench:1. Whether a revision lies to the High Court tinder Section 115 C.P.C. against an order passed by the District Judge ...
Sri Srinivasa Paper and Board Mills Private Ltd., Rep. by the Managing ...
Court: Andhra Pradesh
Decided on: Sep-22-1993
Reported in: 1993(3)ALT538
Y. Bhaskar Rao, J.1. These writ petitions are filed challenging the notification dated 8-6-1988 issued under Section 4(1) and declaration dated 8-6-1988 issue under Section 6 of the Land Acquisition Act acquiring the lands of the petitioners for the purpose of expansion of bus-stand complex, Tirupathi.2. The facts of the cases are that the petitioner in W.P.No. 838/90 is the owner of an extent of 0-45 cents in R.S.No. 623/1D, that the petitioner in W.P. No. 12450/88 is the owner of an extent of 0-20 cents in S.No. 27/2-A, that the petitioners in W.P.No. 12919/88 are the owners of an extent of Ac. 2-20 cents in R.S.No. 623/1-A and the petitioner in W.P. No. 13631/88 is the owner of an extent of Ac.1-54 cents in R.S.No. 623/1-D situated at Tirupathi Village. The above said lands of the petitioners were acquired for the purpose of expansion of bus-stand complex at Tirupathi. The notification under Section 4(1) of the Land Acquisition Act (for short 'the Act') and declaration under Section...
M/S. Cyrus Investment (P) Ltd., Hyderabad and Another Vs. Mohd. Fareed ...
Court: Andhra Pradesh
Decided on: Sep-21-1993
Reported in: AIR1994AP199; 1993(3)ALT246
ORDERG. Radhakrishna Rao, J. 1. These two revisions have come up for consideration on a reference that has been made by our learned brother N. D. Patnaik, J. O. P. 336 of 1979 on the file of the I Additional Judge, City Civil Court, Hyderabad, arose on account of a reference made by the Land Acquisition Officer under S. 30 of the Land Acquisition Act, as there is a dispute regarding the title to the property acquired. In that an application has been filed by the respondent under O. 1, R. 10, C.P.C. to implead himself as a party. Petitioners, who were respondents 3 and 4 objected for impleading the respondent in the C. R. P. No. 343/90 as a party. The learned Additional Judge by his order dated 30th October, 1989, impleaded him as one of the respondents and hold that the question whether he has got any right in the property can be decided in the reference which ispending before the Court. The learned Single Judge felt that there should be an authoritative pronouncement on the question, ...
The Public Welfare Association, Rep. by Its President, Sri Nazeer Ahme ...
Court: Andhra Pradesh
Decided on: Sep-20-1993
Reported in: 1993(3)ALT189
ORDERMotilal B. Naik, J.1. This writ petition is filed by the Public Welfare Association, Indiranagar, Tadban, Hyderabad, by way of public interest litigation, seeking a direction to the respondents to provide sufficient teaching staff and accommodation to the Government Primary School (Urdu Medium), Tadban, Hyderabad.2. The facts of the case are that as on the date of filing of the writ petition, there were about 684 students prosecuting education in the said school. Though there is sufficient strength of students, there is insufficient teaching staff and accommodation for the proper functioning of the school. The school is catering to the needs of students from classes 1 to 5. There are two shifts in the school - one from 8 a.m. to 12 noon and the other from 12.30 p.m. to 5.00 p.m. According to the petitioner, there are only four teachers in the school, out of which two are attending the morning session and the other two are attending the evening session. While so, the Headmaster of ...
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