Andhra Pradesh Court June 1994 Judgments

Dr. K. Sasidhar and ors. Vs. the District Collector and ors.

Court: Andhra Pradesh

Reported in: 1994(2)ALT461

ORDERP. Ramakrishnam Raju, J.1. In all these writ petitions, a draft notification published in the Official Gazette on November 10,1992 under Section 4(1) of the Land Acquisition Act seeking to acquire an extent of Ac. 25-22- cents of Vedantapuram village which is needed for a public purpose viz., for sites and services programme by Tirupati Urban Development Authority, Tirupati is challenged. The petitioners in all these writ petitions are small farmers having small extents of land and they will be deprived of their livelihood viz., agriculture, if these lands are acquired. A counter-affidavit has been filed stating that Tirupati Urban Development Authority which was constituted under the provisions of A.P. Urban Area (Development) Act, 1975 has been empowered to draw a master and zonal development plan; and Section 18 of the said Act enables the Government to acquire any land for the purpose of developmental activities undertaken by the authority. Accordingly, the notification was is...

Chalasani Seetharama Swamy Vs. Chintapalli Ramachandra Rao

Court: Andhra Pradesh

Reported in: 1994(2)ALT592

B.K. Somasekhara, J.1. This appeal is directed against the judgment and decree of the learned Principal Subordinate Judge, Vijayawada in O.S.No. 21 of 1979, dated 1-7-1982. The appellant is the defendant and the respondent is the plaintiff in the suit. The reference to the parties as in the status they occupy in the trial Court would be convenient and therefore, it would be done accordingly. The facts and circumstances leading to this appeal may be stated in brief initially:2. The plaintiff filed the suit against the defendant for recovery of Rs. 30,670/- and interest of Rs. 670/- with costs and such other reliefs as may be granted by the Court. The defendant resisted the suit. It appears that the defendant addressed a letter to the plaintiff dated 14-7-1976 requesting him to advance monies as he required it for payment to one Tammareddy Krishna Murthy for his tobacco cultivation in his village as he had no money with him to lend. It appears that subsequently he approached the plaintif...

M.M. Baig Vs. A.P.S.R.T. Corporation and anr.

Court: Andhra Pradesh

Reported in: 1994(2)ALT575; (1995)ILLJ468AP

1. The appellant was respondent No. 2 in Writ Petition No. 5994 of 1985 which had been filed by the 1st respondent assailing the award passed by the Labour Court on 17-12-1984 directing his reinstatement with full back wages. The judgment in the petition came on 9-12-1987 upholding the reinstatement as directed by the Tribunal but the direction regarding payment of back wages was reversed. That part of the judgment is assailed before us. 2. The brief facts relevant to the case are that the appellant's services were terminated, after disciplinary proceedings, on 7-8-1961 and his appeal preferred before the General Manager also failed on 28-8-1961. A move was made to raise an industrial dispute by asking the Government to refer it to the Labour Court but by communication made to the Union on 5-11-1962 the request was refused. On 20-3-1965, the Government again communicated the Union that it gave no reason to revise its orders of 5-11-1962 and 10-9-1963. It hence appears that on 10-1-1963...

Shamsunnisa Begum Vs. G. Subban Basha and anr.

Court: Andhra Pradesh

Reported in: 1994(2)ALT(Cri)143; I(1995)DMC338

D.J. Jagannadha Raju, J.1. This is petition filed under Section 482, Cr.P.C. against the order in Criminal Revision Petition No. 5 of 1992 on the file of the II Additional Sessions Judge, Kurnool.2. The facts leading to the present petition are as follows :--The present petitioner-Smt. Shamsunnisa Begum--was married to the 1st respondent, G. Subban Basha--in the year 1972. According to the material available on record their marriage took place on 14,5,1972. After a period of 5 years there was disharmony between the spouses and, hence, Maintenance Case No. 68 of 1977 was filed and maintenance was granted to the wife at Rs. 100/- per month, and, subsequently, from stage to stage, it was increased to Rs. 250/-, per month. It is an admitted fact that the husband was regularly paying the maintenance. While things stood thus, the Parliament passed Muslim Women (Protection of Rights on Divorce) Act, 1986, populary called as 'Act 25 of 1986'. It received the assent of the President on 19.5.198...

H.N. Singh Vs. University of Hyderabad and anr.

Court: Andhra Pradesh

Reported in: 1994(2)ALT469

ORDERMotilal B. Naik, J.1. Petitioner seeks issuance of a writ of Certiorari or any other appropriate writ, order or direction after calling for the records from the respondents relating to Memorandum No. UH/Estt- 1/88/111, dated 1-2-1988, and quash the same being violative of principles of natural justice. 2. The short question that falls for consideration in this writ petitioner is whether the respondents have violated the principles of natural justice while imposing punishment on the petitioner though the impugned proceeding as alleged by the petitioner. 3. Petitioner is a Professor in the Faculty of School of Life Sciences in the first respondent-University. Being a senior Professor, Students of M. Phil., and Ph. D., are assigned to the petitioner. It seems one student by name Miss Rita Ghosh, who was assigned to the petitioner had filed a complaint against the petitioner with the Dean of School of Life Sciences, University of Hyderabad on 9-12-1987 alleging that the petitioner had...

Karanam Balaramakrishna Murthy and ors. Vs. State of Andhra Pradesh Re ...

Court: Andhra Pradesh

Reported in: 1994(2)ALT466

K.M. Agarwal, J.1. The appellants in Criminal Appeal Nos. 258 and 259 and the respondent in State Appeal No. 379 of 1994 were jointly tried for various offences including those under Section 302 and 201 I.P.C. and under Section 3 of the E.S. Act in S.C. No. 78 of 1990 by the Sessions Court, Prakasam Division, Ongole. The appellants in the first two appeals were found guilty under Section 302, read with Section 34, and 201 I.P.C. and also under Section 3 of the E.S. Act and accordingly convicted and sentenced to life imprisonment for the first offence, further sentenced to 3 years R.I. for the second offence under Section 201 I.P.C. and to 5 years R.I. for the last offence under Section 3 of the E.S. Act. The respondent in the State Appeal was acquitted of all the charges against him. Being aggrieved, the convicted persons have filed the first two appeals, whereas the State has filed the third appeal against the order of acquittal in favour of the respondent in that appeal.2. It was all...

income-tax Officer Vs. Ashoka Biscuit Works and ors.

Court: Andhra Pradesh

Reported in: [1996]219ITR458(AP)

M. Ranga Reddy, J.1. These two appeals in Criminal Appeals Nos. 779 of 1992 and 780 of 1992 are filed by the Income-tax Officer, E-Ward, Circle-II, Hyderabad, against the judgments in C.C. No. 128 of 1986 and C.C. No. 127 of 1986 on the file of the Special Judge for Economic Offences, Hyderabad, respectively, acquitting the respondents-accused of offences under section 276C and 277 of the Income-tax Act, 1961, and sections 193 and 196 of the Indian Penal Code, by separate judgments dated October 31, 1991. As the dispute in respect of these two appeals is identical they are being disposed of by this common judgment. 2. The facts of the case as emerging from the evidence of witnesses adduced during the trial can briefly be stated as follows : The R-1 firm was carrying on business in manufacture and sale of biscuits. The biscuits are supplied on sale and return basis to the commission agents. The value of stocks supplied cannot be treated as sold out, unless the commission agents informed...

V. Narasimhaswamy Iyangar and anr. Vs. Government of Andhra Pradesh Re ...

Court: Andhra Pradesh

Reported in: 1994(3)ALT584

Lingaraja Rath, J.1. The writ petitioners are in appeal having failed before the learned single Judge in getting G.O.Ms. No. 29 dated 7-1-1986 quashed. They are admittedly Archakas of the temple Bhavanarayanaswamy Temple at Guntur. Under the impugned G.O., Ac.16.77 acres of land belonging to the temple in question inter alia other lands of other institutions were purported to be sold to the fifth respondent for providing house-sites to weaker sections and for the purpose, the power under Section 108 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act 17 of 1966 (hereinafter referred to as 'the Act') was invoked to exempt the applicability of the procedure laid down under Section 74(1 )(c) of the Act. It was the appellants' case that in respect of the land a scheme was settled by the Commissioner of Endowments, Madras in 1934. The scheme became the subject-matter of a suit O.P. No. 152 of 1934. which was decided by the District Judge, Guntur on 13-2-1935...

Comfortaire Service Centre Vs. N.S. Prasad

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, Pesident: 1. The District Forum passed an order on 13.4.1993 in C.D. No. 909 of 1992 directing the petitioner herein to return the service charger of Rs. 542/-, repair charges of Rs. 2,800/- interest at 12% on 542/- from 8.7.1991 and costs of Rs. 500/-. As the opposite party i.e. the petitioner herein failed to comply with the order, Execution Petition No. 103/1993 was filed under Section 27 of the Consumer Protection Act, 1986. The District Forum passed an order on 25.11.1993 punishing the opposite party with simple imprisonment for one month and fine of Rs. 2,000/-. On 8.4.1994 the petitioner deposited. Rs. 2,000/- representing the fine. He also deposited Rs. 2820/- being the balance of the amount payable by the opposite party to the complainant, to the credit of the C.D. 909 of 1992 that is the main case, and the same is in deposit in the District Forum. 2. Aggrieved by the order in the Execution Petition this Revision is preferred. Since the opposite party has...

Bolleddu Sreenu Vs. Sub-inspector of Police, Jaggayyapeta

Court: Andhra Pradesh

Reported in: 1994(2)AnWR55; 1995CriLJ1963

1. The accused-appellant herein was prosecuted for an offence punishable under Ss. 376(1) and 506, IPC in the Court of the Assistant Sessions Judge, Vijayawada in Sessions Case No. 99 of 1989. On hearing the prosecution and the defence of the accused, the learned Sessions Judge came to the conclusion that the prosecution was able to prove the guilt of the accused and therefore, the learned Sessions Judge proceeded to convict the accused of the offence punishable under S. 376(1), IPC and sentenced him to suffer R.I. for Ten years and to pay a fine of Rs. 1000/- in default to suffer S.I. for one year. The learned Sessions Judge further convicted the accused-appellant of an offence punishable under S. 506, IPC and sentenced him to suffer R.I. for one year. Both the sentences were ordered to run concurrently. 2. Being aggrieved by the aforesaid order of convictions and sentences, the accused-appellant herein has preferred the present Appeal. 3. The prosecution case can briefly be narrated ...