Andhra Pradesh Court September 1994 Judgments
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Public Prosecutor, High Court of Andhra Pradesh Vs. V.M. Ramaswamy and ...
Court: Andhra Pradesh
Decided on: Sep-05-1994
Reported in: 1995(1)ALT(Cri)259; 1995CriLJ1905
M.N. Rao, J.1. Challenging the correctness of the judgment of the learned Special Sessions Judge, Chittoor in S.C. No. 4 of 1992 by which respondents 1 to 3 herein A-1 to A-3, were acquitted of the charge under S. 302 read with S. 34, IPC, read with S. 34 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, this appeal was preferred by the State represented by the public prosecutor. 2. The deceased, Erikala Sake Mareppa, belonged to a Scheduled Tribe. The incident occurred, according to the prosecution, on 30-9-1990 at Kammarandlapalli village of Anantapur district. At 4-00 p.m. on that day the deceased and P.W. 1, Gangulappa, who claims to be his son by courtesy, went to an arrack shop in the village where they were joined by P.W. 3, Ramachandra. By the time they reached the arrack shop they found A-1 to A-3 in the shop. A-1 allegedly questioned the deceased as to why he was teasing his female relation and abused him by referring to his caste 'Erikala'. Th...
Y. Srinivasa Rao Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Sep-05-1994
Reported in: 1995(1)ALT(Cri)133; 1995CriLJ1597
ORDER1. The accused-appellant was prosecuted in the Court of the Assistant Sessions Judge, Hyderabad in Sessions Cases No. 68 of 1990, In all four charges were framed against the accused-appellant. They were Sections 365, 366-A, 342 and 328, I.P.C. But at the time of trial it was for the first time the prosecutrix disclosed that the accused-appellant had committed sexual intercourse with her and therefore an additional charge was framed against the accused-appellant punishable under Section 376, I.P.C. The accused-appellant was given an opportunity to cross-examine the witness on additional charge. On evidence, the learned Assistant Sessions Judge found the accused-appellant guilty of the offence punishable under Sections 366-A and 376, I.P.C., only and therefore proceeded to convict the accused-appellant under the aforesaid sections and sentenced to suffer R.I. for Ten (10) years on each count and to pay a fine of Rs. 1000/- on each count in default to suffer S.I. for four months unde...
3 Aces, Hyderabad Vs. Municipal Corporation of Hyderabad
Court: Andhra Pradesh
Decided on: Sep-02-1994
Reported in: AIR1995AP17; 1994(3)ALT73
ORDERP.L.N. Sarma, J.1. When this writ petition came up for hearing before a Division Bench of this Court consisting two of us (Syed Shah Mohammed Quadri and B. S. Raikote, JJ), they felt during the course of heating thai the scope of S. 437 of the Hyderabad Municipal Corporation Act, hereinafter referred to as 'The Act', and the effect of the decree dated 23-12-1987 in O.S. No. 2804 of 1982 on the file of IInd Assistant Judge, City Civil Court, Hyderabad, which became final by the ultimate dismissal of Special Leave Petition No. 5048 of 1991 dated 8-4-1991 by the Supreme Court and the power of the Corporation under S. 452 of 'The Act' as well as the procedure to be followed in resorting to demolition of a building under 'The Act' in the absence of the guidelines provided by 'The Act' or under the Rules, require determination by a larger Bench having regard to the great and general importance of the issues involved. The learned Judges also felt that the stakes involved in the present c...
Government of Andhra Pradesh and Another Vs. Y.S. Vivekananda Reddy an ...
Court: Andhra Pradesh
Decided on: Sep-02-1994
Reported in: AIR1995AP1; 1994(3)ALT179
ORDERSyed Shah Mohammed Quadri,J.1. These ten writ appeals arise out of the common judgment dated February 1, 1994 of a learned single Judge allowing five writ petitions filed by sub-lessees of Barytes Ore granted by Ahdhra Pradesh Mineral Development Corporation Limited tin their favour, Five Writ Appeals are filed by the Government of Andhra Pradesh and five Writ Appeals are filed by the Andhra Pradesh Mineral Development Corporation Limited. The Division Bench which dealt with these appeals, having referred to the aspects debated before it, came to the conclusion that the question of justiciability of rights and pri-vileges claimed by the parties and the obligations and the duties cast upon the authorities in such contingencies and many other questions which may relevantly arise for consideration by the Court are of considerable significance to the public at large and they require adjudication and resolution by a larger Bench. Accordingly these appeals are posted before us.2. To app...
Aleem Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Sep-02-1994
Reported in: 1994(2)ALT(Cri)408
ORDER1. Accused No. 5 in Sessions Case No. 20/1994 on the file of the III Addl. Metropolitan Sessions Judge, Hyderabad, is the petitioner-herein. This petition under Section 482, Cr.PC is filed by the petitioner/A. 5 to grant stay of the proceedings against him till the final adjudication against A. 1 to A. 4 for charges under Sections 302 and 392, IPC in Sessions Case No. 20/1994, on the file of the III Metropolitan Sessions Judge, Hyderabad. 2. The substance of accusation against A. 1 to A. 5 is that A. 1 to A. 4, on 23-2-1993, at about 7.45 p.m. killed one Haji Mohammed Yakub, at Red Hilla, Hyderabad, a businessman and took away cash of Rs. 1,60,000/- from his possession. A-5, the petitioner-herein, harboured A. 1 to A. 4 in his house of Bodabanda, Hyderabad, and shared the booty along with A. 1 to A. 4. A. 1 to A. 4 are charged with offences of robbery and murder punishable under Sections 392 and 302, IPC and A. 5 is charged with the offence of harbouring the offenders and for dish...
Bodanapu Khadaraiah Vs. Bodanapu Siddamma and anr.
Court: Andhra Pradesh
Decided on: Sep-02-1994
Reported in: 1995(1)ALT364
B.K. Somasekhara, J.1. This is a defendant's appeal. Defendant No. 1 has challenged the judgment and decree passed by the learned Sub Judge, Cuddapah in OS. No. 12/1979 dated 6-2-1982 decreeing the suit in favour of the plaintiff who is respondent No. 1 herein. The appeal is resisted by respondent No. 1. The reference to parties as plaintiff and defendants as they were styled in the trial Court would be convenient. It will be done accordingly.2. The plaintiff filed the suit for recovery of maintenance at he rate of Rs. 500/- per mensem from defendant No. 1,, for arrears of maintenance at Rs. 18,000/- for three years prior to the suit against him, for a charge of 1/4th share of the 1st defendant in plaint-A schedule properties and for such other reliefs as the Court deemed fit in the circumstances of the case. The properties described in plaint-A schedule are as many as 25 agricultural lands situate in Dalavayipalli village of Cuddapah district. The items mentioned in plaint-B schedule ...
Mogali Chantamma and anr. Vs. Mogali Bhaskara Rao
Court: Andhra Pradesh
Decided on: Sep-02-1994
Reported in: 1994(3)ALT588
ORDERSyed Shah Mohd. Quadri, J.1. The common question canvassed in these two revision petitions is: Whether an issue relating to maintainability of the suit should be decided as a preliminary issue under Order XIV Rule 2 of the Code of Civil Procedure.2. The petitioners in these two revision petitions are the defendants in the suits out of which these revisions arise which were filed by the respondent-plaintiff.3. As the facts in these two revisions are similar and the same question arises for consideration, they are heard together and are being disposed of by a common order.4. For appreciation of the contentions raised in these revisions, I shall refer to the facts in O.S. No. 90 of 1987 out of which C.R.P. No. 4217 of 1993 arose. The parties will be referred to as they are arrayed in the suit.5. The plaintiff filed the said suit for cancellation of the suit document executed in favour of the defendant on 4-6-1984 on the allegations that due to the pressure by the sons of the plaintif...
P. Pratapa Reddy and ors. Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Sep-01-1994
Reported in: 1994(3)ALT580
ORDERB. Subhashan Reddy, J.1. These two writ petitions relate to payment of freedom fighters pension. The Government of Andhra Pradesh issued G.O.Ms. No. 1080 Revenue Department, dated 30-6-1978 under which a scheme was framed to pay pensions to freedom fighters who fought for the cause of the Nation during freedom struggle movement. A fact finding committee was constituted to identify such freedom fighters entitling for pension and the petitioners were among the beneficiaries identified for payment of such pension. The petitioners were being granted the said pension from the month of April, 1980 with retrospective effect from 30-6-1978, but abruptly, the pension was stopped on the ground of issuances of G.O.Ms. No. 291,dated 25-2-1981. The reason for such stoppage was that under the above G.O., freedom fighters pension was available only to the freedom fighters undergoing jail sentence for six months and more and not below six months. The petitioners underwent jail sentence only for 3...
National Insurance Company Limited Vs. Bakka Veera Swamy and ors.
Court: Andhra Pradesh
Decided on: Sep-01-1994
Reported in: 1994(3)ALT607
ORDERM. Ranga Reddy, J.1. The third respondent Insurance Company in O.P. No. 19/86 on the file of Motor Accidents Claims Tribunal, Khammam has filed this appeal contending that the amount of compensation awarded to the petitioners is excessive and requested for determining just and proper compensation.2. In this case, the deceased was aged about 15 years and he was studying 10th Class. On 3-12-85 while he was proceeding on a cycle he was knocked down by a Trailor-Tractor and as a result of the injuries sustained in the said accident, he died in the hospital on the same day while undergoing treatment. The parents of the deceased filed a petition claiming compensation of Rs. 1,00,000/-. The first respondent was the Driver, the second respondent was the owner of the Tractor-Trailor and the third respondent is the Insurance Company who is the appellant herein.3. The Tribunal after enquiry found the Driver of the Vehicle guilty of rash and negligent driving and consequently awarded compensa...
Agani Synthetics (P) Ltd. Rep. by Its Managing Director, Sri K. Sudhak ...
Court: Andhra Pradesh
Decided on: Sep-01-1994
Reported in: 1994(3)ALT605
ORDERB. Subhashan Reddy, J.1. This writ petition seeks a direction to consider the application dated 4-6-1993 of the petitioner for the purpose of conferring the subsidy which was announced as a policy decision in G.O.Ms. No. 498, Industries & Commerce (I A) Department, dated 16-10-1989.2. It is not disputed that the petitioner comes within the guidelines prescribed in the above CO., but there was a requirement to file an application within six months from the commencement of commercial production. In the instant case, the trial production commenced on 10-4-1991, while regular commercial production commenced in August, 1991. Even though the trial production commenced on 10-4-1991, the said trial product was sold as it conformed to the specifications. While the petitioner was under the bonafide impression that that is not the date to be reckoned for commercial production, the respondents reckoned the said date. Here there was a mistake in understanding so far as the petitioner is concer...
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