Andhra Pradesh Court November 1994 Judgments
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Dr. Abu Taher Rep. by His G.P.A. Mr. M.A. Baig Vs. Abdul Majeed
Court: Andhra Pradesh
Decided on: Nov-30-1994
Reported in: 1995(1)ALT57
ORDERA. Gopal Rao, J.1. Plaintiff in O.S.1403 of 1986 on the file of the X Assistant Judge, City Civil Court, Hyderabad, is the petitioner in this revision petition. This revision petition is filed against the order dated 25-2-1994, in C.M.A. No. 57 of 1992, passed by the Additional Chief Judge (Temporary), City Civil Court, Hyderabad, confirming the order of the trial Court in dismissing I.A. 1256/1990 in O.S. 1403/86 which was filed under Order 9, Rule 9 C.P.C. for setting aside the order dated 12-11-1990 dismissing the suit for default.2. Petitioner filed the suit for recovery of possession of the suit mulgi. Suit was posted to 10-10-1990. Petitioner, who is a practising Doctor at Hyderabad, was to leave for the United States of America by plane from Bombay on 11-10-1990 for pursuing higher studies. On 10-10-1990, the plane in which the petitioner was to perform journey from Hyderabad to Bombay was cancelled. Consequently, petitioner was forced to postpone his journey, to the U.S.A ...
Kesari Prabhakara Rao Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Nov-29-1994
Reported in: 1995CriLJ1736
ORDER1. The de facto-complainant is the petitioner. On the basis of a complaint filed by him, the learned Magistrate has recorded the sworn statements of the petitioner and another. Though the private complaint was filed by the petitioner against respondents 2 to 4 herein for the alleged offences committed by respondents 2 to 4 punishable under Ss. 323, 342, 352 and 500 and 506(2) read with S. 34, IPC the learned Magistrate took cognizance of the offences, against the respondents 2 to 4, only under Ss. 323, 342, 352 and 500, IPC, but not with respect to the offence punishable under S. 506(2) r/w 34, IPC. The petitioner-de facto complainant had filed Crl. M.P. No. 569 of 1993 before the learned Magistrate requesting him to take cognizance of his complaint with respect to the offence under S. 506(2) r/w 34, IPC also, against respondents 2 to 4 herein. The learned Magistrate passed the following Order, on 26-2-1993 in Crl. MP No. 569/93 : 'This Court already passed order on the complaint ...
Nalluri Brahmam Rep. by His Brother-in-law Manam Veera Narayana Vs. th ...
Court: Andhra Pradesh
Decided on: Nov-29-1994
Reported in: 1995(1)ALT44
M.N. Rao, J.1. The Collector and District Magistrate, Prakasham District, Ongole, the second respondent, by an order dated 4-9-1994 in Rc.No. CC/54/94 directed the detention of one Nalluri Brahmam, the brother-in-law of the petitioner herein, under Sub-section (2)(a) of Section 3 read with Section 3(1)(a) of the Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980, (for short 'the Act') 'with a view to preventing him (the detenu) from further acting in any manner prejudicial to the maintenance of supply of commodity (rice) essential to the community'. In the order of detention, it is mentioned that the detenu - Nalluri Brahmam - the owner of Navodaya Rice Mill, Jandrapet Prakasham District 'has been indulging in acts prejudicial to the maintenance of supplies of commodities i.e., public distribution system (for short 'P.D.S.') rice which is essential to the community by diverting and selling the said rice and thus contravening Clauses 3(1) and 4 ...
P. Ravindra Reddy and ors. Vs. the Election Commission, Rep. by Its Se ...
Court: Andhra Pradesh
Decided on: Nov-29-1994
Reported in: 1995(1)ALT204
S.S. Ahmad, C.J.1. This writ appeal arises out of a common judgment dated 17th November, 1994, passed by Mr. Justice Motilal B. Naik, by which Writ Petition Nos. 20130 and 20283 of 1994 were dismissed at the admission stage.2. In order to constitute a new Legislative Assembly for the State of Andhra Pradesh, the Governor of Andhra Pradesh issued a Notification No. 597/ Elec.F/94, dated 1-11-1994 Under Section 15 of the Representation of People Act, 1951 calling upon all the Assembly Constituencies of Andhra Pradesh including 163, Gorantla Assembly Constituency, to elect their members for the State Assembly.3. This was followed by the Notification issued by the Election Commission of India Under Section 30 of the Act setting out the following election programme for the Assembly elections in Andhra Pradesh:8-11-1994 : Last date for making nomination;9-11-1994 : Scrutiny of nominations;11-11-1994 : Last date for withdrawal of candidature;1-12-1994 : Date of Poll;9-12-1994 : Counting of Vo...
Filmore Service Station, Rep. by Its Proprietor, Darapu Chandrasekhara ...
Court: Andhra Pradesh
Decided on: Nov-29-1994
Reported in: 1995(1)ALT191
ORDERS. Parvatha Rao, J.1. The petitioner in this Writ Petition questions the order of the 2nd respondent i.e., the Assistant Supply Officer, Circle-I, Vijayawada, in his proceedings Re. No. 105/ASOI/94 dated 4-7-1994 suspending his retail licence No. 14 issued in the name of M/s Filmore Service Station which is valid upto 31-12-1996, 'until further orders' in view of credible information and involvement in clandestine business.2. The petitioner states that his service station was inspected by the 3rd respondent on 19-6-1994 without entertaining any reasonable belief that contravention of any of tine provisions of the Essential Commodities Act, 1955 (hereinafter referred to as 'the Act' for short) or the Andhra Pradesh Petroleum Products (Licensing and Regulation of Supplies) Order, 1980 (for short 'the Order') had taken place and that 4,852 Lts. of petrol and 17,709 Lts. of High Speed Diesel Oil were seized. It is not in dispute that enquiry Under Section 6-A of the Act is in progress...
Mohd. Osman Ali and ors. Vs. Mohd. Khasim and ors.
Court: Andhra Pradesh
Decided on: Nov-29-1994
Reported in: 1994(3)ALT616
ORDERA. Gopal Rao, J.1. Petitioners in this revision petition are the nominees of the decree-holder. Third respondent-herein is the decree-holder, respondents 1 and 2 are the judgment-debtors, Respondents 4 to 7 are the assignees of the decree and the 8th respondent is the General Power of Attorney Holder of the decree-holder (R. 3). The suit, O.S. No. 29 of 1965, filed on the file of the II Additional Judge, City Civil Court, Hyderabad, by the 3rd respondent-decree holder for specific performance against respondents 1 and 2, was dismissed on 17-4-1970. The appeal, CCCA 14/1972 filed by the third respondent-decree-holder in this Court was allowed on 27-10-76 on 6-7-1989, this Court amended the decree passed in CCCA 14/72 to the effect that the sale deeds may be executed by the judgment-debtors in favour of the decree-holder or his nominees. On 15-1-1988, the decree-holder (R.3) assigned the decree in favour of respondents 4 to 7 herein through his G.P.A. holder (8th Respondent). Respon...
JamaluddIn Vs. Mirza Quader Baig (Tenant) and anr.
Court: Andhra Pradesh
Decided on: Nov-25-1994
Reported in: 1995(1)ALT115
ORDERSyed Shah Mohammed Quadri, J.1. These two revisions arise out of the same facts and the same suit. They are heard together and can be conveniently disposed of by this common order.2. The petitioner in these two revisions is said to be the owner of the premises (hereinafter referred to as 'the landlord') bearing Municipal No. 16-5-183 situated at Dabeerpura, Hyderabad, (for short 'the suit premises'). The first respondent is the tenant, he will be referred to as such. The second respondent is the proforma party. The tenant filed O.S. No. 2064 of 1992 on the file of the VII Assistant Judge, City Civil Court, Hyderabad, against the land-lord for a perpetual injunction restraining the land-lord from interfering with his peaceful possession of the suit premises. In the suit he filed I.A.No. 637 of 1992 under Order 39 Rule 1 C.P.C. praying the Court to grant interim injunction restraining the respondent from interfering with his peaceful possession. It appears that ex parte interim inju...
N. Chandra Babu Naidu Vs. the Chief Election Commissioner and ors.
Court: Andhra Pradesh
Decided on: Nov-24-1994
Reported in: 1995(1)ALT143
Motilal B. Naik, J.1. Petitioner seeks a Writ, Order or direction directing the first respondent to order the third respondent not to discharge and function any official duties pertaining to the conduct of General Elections in Andhra Pradesh State scheduled to be held on 1-12-1994 and 5-12-1994. A further direction is also sought to the first and second respondents to appoint any other eligible officer as Director General of Police, Andhra Pradesh for conducting the General Elections.2. The petitioner is an M.L.A. representing Telugu Desam Party and he is also Floor Leader of Telugu Desam Party in the Legislative Assembly. The main allegation of the petitioner is that the third respondent though a Senior I.P.S. Officer is acting in a partisan manner and is a fanatic supporter of the ruling Congress Party. The petitioner states that by virtue of his official position, the third respondent has secured Congress ticket for one of his brothers M.V. Chalapathi Rao to contest elections from T...
Kalyan Chakravarthi Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Nov-23-1994
Reported in: 1995(1)ALT(Cri)5
M.N. Rao, J.1. This is application filed under Article 226 of the Constitution of India for issue of a writ of Habeas Corpus seeking discharge or accused No. 3 - Ch. Kalyan Chakravarthy in crime No. 30 of 1994 of Madannapet police station registered under the provisions of the Terrorist & disruptive Activities (Prevention) Act, 1987, as Section 20A of the Terrorist & Disruptive Activities (Prevention) Act, 1987, was not complied with. 2. In the first information report filed by the Inspector of Police, Madannapet police station, in the Court of the Metropolitan Sessions Judge, Hyderabad, to designated court, it is mentioned that on reliable information that activities of CPI (ML) People's War Group, a banned organisation, were contemplating terrorist and disruptive activities with a view to over-throwing the lawfully established Government and for that purpose carrying on deliberations in the first floor of house No. 17-2-870/9 at Madannapet in Hyderabad city, he conducted raid on 3-4-...
Amrutha Hotels (P) Ltd. Vs. Superintendent of Central Excise, Hyderaba ...
Court: Andhra Pradesh
Decided on: Nov-23-1994
Reported in: 1995(79)ELT206(AP)
ORDERS.V. Maruthi, J. 1. M/s. Amrutha Hotels (P) Ltd., is the petitioners. In this Writ Petition it is challenging a detention memo issued by Superintendent of Central Excise, Hyderabad, directing it not to part with the car bearing No. AP 9/ A-545 except with the previous permission of the Directorate of Revenue Intelligence, Zonal Unit, Construction House, 1st Floor, Walchand Hirachand Marg, Ballard Estate, Bombay - 400 038. The detention memo further states that on enquiries made by the Directorate of Revenue Intelligence, it was found that the said car was imported and cleared through the Customs by mis-declaring the Cubic Capacity at 1595 and paying Customs duty at the rate of 100% + 45% + CVD 35% + 1/8% M.V. Cess, whereas the correct Cubic Capacity of the car was 1781/1800 and Customs duty leviable was at the rate of 150% + 45% + CVD 35% + 1/8% M.V. Cess and that since the appropriate amount of Customs duty had not been paid on the said car, the said car was liable to be confisca...
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