Andhra Pradesh Court October 1995 Judgments
M.A. Rasheed Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Oct-31-1995
Reported in: 1996(1)ALD(Cri)403; 1996(1)ALT(Cri)285; 1996CriLJ1156
ORDER1. The petitioner is the accused No. 1 in C.C. No. 16 of 1991 on the file of the VII Metropolitan Magistrate, Hyderabad. He was charged along with A-2 and A-3 and was convicted under sections 7 and 16 of Prevention of Food Adulteration Act (for short, 'the Act') and sentence to undergo rigorous imprisonment of one year and to pay a fine of Rs. 2,000/-, in default to undergo rigorous imprisonment for 4 months. The other accused have been acquitted of the charges. The appeal filed by the petitioner in Crl.A. No. 150 of 1992 on the file of the I Addl. Metropolitan Sessions Judge, Hyderabad, ended in dismissal and the conviction and sentence have been confirmed. Questioning the order this Crl. Revision Case has been filed. 2. The case of the prosecution is that on 21-8-91 at 12 noon the Food Inspector (P.W. 1) inspected the business premises of the petitioner, a General Stores at Mallepalli, Hyderabad, along with P.W. 2 his Attender. Sample was taken after due notice from an open gunn...
Tag this Judgment!Indian Association of Lawyers and anr. Vs. State of Andhra Pradesh and ...
Court: Andhra Pradesh
Decided on: Oct-31-1995
Reported in: 1996(1)ALD917; 1996(1)ALD(Cri)465; 1995(3)ALT495; 1996CriLJ2360
ORDER1 These cases bring to light yet another instance where a Judge is sought to be maligned by the Police. Several Lawyers Associations and Judicial Officers Association swung into action by moving this Court under Art. 226 of the Constitution and under Section 482 of the Code of Criminal Procedure (for short, 'the Code') and secured an order, though temporarily, staying such an attempt. 2. The Indian Association of Lawyers, Nellore District Unit and the Nellore District Bar Federation, Nellore, sought Mandamus to declare the First Information Report dated 23-12-1992 lodged by a Police Constable, R-4, under various offences, against Mr. Imthiyaz Ahmed, the then II Addl. Judicial Ist Class Magistrate, Nellore, as illegal and without jurisdiction. This Court by an order dt. 31-12-1992 in W.P.M.P. No. 22153 of 1992 in W.P. No. 17484 of 1992 stayed all further proceedings pursuant to the registration of F.I.R. pending further order. The All India Judges' Association, Andhra Pradesh State...
Tag this Judgment!Veeramachaneni Subba Rao (Died) and ors. Vs. Indian Bank, Rep. by the ...
Court: Andhra Pradesh
Decided on: Oct-31-1995
Reported in: 1997(4)ALT112
Krishna Saran Shrivastav, J.1. The defendant in O.S. No. 67 of 1976 on the file of the Subordinate Judge at Gudivada is the appellant. A preliminary decree for recovery of Rs. 80,379-89 paise has been passed against him.2. The respondent-Bank filed the suit O.S.No. 67 of 1976 for the recovery of Rs. 80,379-89 Paise alleging that on 4-6-1969 an overdraft to the extent of Rs. 50,000/- was sanctioned by the respondent-Bank in favour of the appellant-defendant who executed a pronote for Rs. 50,000/- as a collateral security. He also agreed to pay interest at the rate of 5% per annum over and above the rate of interest of Reserve Bank of India. On the same day, he opened his account with the respondent-Bank and borrowed a sum of Rs.10,000/-. He also executed a letter of continuity on the same day in favour of the respondent-Bank confirming the overdraft agreement arrived between them. On 9-6-1969, the appellant-defendant deposited his title deed in respect of the house in question creating ...
Tag this Judgment!VST Industries Canteen Workers' Union Vs. Vazir Sultan Tabacco Co. Ltd ...
Court: Andhra Pradesh
Decided on: Oct-30-1995
Reported in: 1995(3)ALT644; (1998)IIILLJ450AP
Motilal B. Naik, J. 1. This writ petition is filed by the VST Industries Canteen Workers' Union represented by its Secretary P. Navaneetham seeking a mandamusdirecting the first respondent to treat the members of the petitioner-Union who are the employees of the Canteeen, established under Section 46of the Factories Act by the first respondent, as the employees of the first respondent-Company and seeks a consequential direction to tender all monetary and other benefits accrued and acquired by treating them as employees of the first respondent.2. The claim of the petitioner is that it is a union registered under Trade Unions Act vide Regd. No. B. 1421 and by their resolution dated April 19, 1992 authorised the Secretary Sri P. Navaneetham to file the present writ petition seeking a direction to direct the respondents to treat the canteen workers and the members of the petitioners-Union numbering 65 (the said list is described in Annexure-I of the material papers) as the employees of the...
Tag this Judgment!Banavath Lalu and ors. Vs. the State
Court: Andhra Pradesh
Decided on: Oct-28-1995
Reported in: 1996(1)ALD(Cri)393; 1996(1)ALT(Cri)383; 1996CriLJ1294
ORDER1. The petitioners are accused 1 to 3 in C.C. No. 7 of 1992 on the file of the Judicial Ist Class Magistrate, Kalwakurthy. Charge-sheet has been filed by the police against the petitioners under Section 34(a) of the A.P. Excise Act, 1968, (for short, 'the Act'). The petitioners filed Crl.M.P. No. 400 of 1992 under section 239 of the Code of Criminal Procedure (for short 'the Code') before the learned Magistrate seeking their discharge on the sole ground that the police are not competent to file chargesheet and the Magistrate cannot take cognizance of the case on that chargesheet and that the charge sheet is not a report within the meaning of Section 57 of the Act. The learned Magistrate rejected the petition holding that the Magistrate is empowered to take cognizance of the case on the chargesheet filed by the Police. Questioning the said this Crl. Revision Case is filed. 2. The contention of Sri C. Padmanabha Reddy, Senior Advocate appearing for the petitioners, is that the power...
Tag this Judgment!The Public Prosecutor, High Court of Andhra Pradesh, Hyderabad Vs. Kun ...
Court: Andhra Pradesh
Decided on: Oct-28-1995
Reported in: 1996(1)ALD(Cri)440; 1996(1)ALT(Cri)270; 1996CriLJ1540
ORDER1. The respondent is accused No. 13 in C. C. No. 370 of 1990 on the file of the IVth Additional District Munsif Magistrate, Chittoor. He filed Crl. M.P. No. 2101 of 1990 for discharging him under Section 239 of the Code of Criminal Procedure, 1973, (for short, `the Code') The learned Magistrate by his order dated 15-10-1991, allowed the application, discharging the respondent. The said order is assailed in this case. 2. The brief facts, which are necessary for the limited purpose of considering the validity of the order are stated hereunder : . It is common knowledge that countless offerings by pilgrims comprising of gold, jewellery and coins that pour every day into the Hundi of Lord Venkateswara are kept in the temple at Tirumala. The place of the counting of the Hundi collections is called Parakamani. The accused in the case are some of the staff of the Tirumala Tirupathi Devasthanams kept on duty to perform the onerous functions of counting the huge collections.' It is alleged...
Tag this Judgment!K. Namratha Sen Vs. University of Health Sciences, Rep. by Its Registr ...
Court: Andhra Pradesh
Decided on: Oct-28-1995
Reported in: 1995(3)ALT575
ORDERM.N. Rao, J.1. The writ appeal and the writ petition are inter-linked and so we are inclined to dispose of them by this common order. Writ Appeal No. 205/95 was preferred against the order in W.P. No. 1887/95, dated 24-2-1995, by which a learned single Judge of this Court directed that the petitioner, Miss Maliha Iqbal, be admitted to the I year of the M.B.B.S. Course under the sports and games quota.2. The brief facts leading to the present writ appeal and the writ petition are as follows:Admissions to Medical and Engineering Colleges in the State are on the basis of the rank secured in the EAMCET examination. In respect of the academic year 1994-95, the petitioner in W.P. No. 996/95, Miss Namratha Sen, appeared for the entrance test and secured rank No. 13,963. She represented the State of Andhra Pradesh in Volley Ball and her team secured II place in the national championship events conducted by the Volley Ball Federation of India.3. Under Rule 7-E(ii) of the Rules for admissio...
Tag this Judgment!M.A. Waheed Vs. the State
Court: Andhra Pradesh
Decided on: Oct-27-1995
Reported in: 1996(1)ALD(Cri)387; 1996(1)ALT(Cri)359; 1995CriLJ1059
ORDER1. Since none appeared for the petitioner on 17-10-1995 an order has been passed disposing the case on merits. After the order has been dictated but before it was transcribed and signed, Sri. T. L. N. Chari, Advocate representing the Counsel for the petitioner requested to make submission as to the merits of the case. However, he requested for time on personal grounds. 2. Heard Sri T. L. N. Chari, for Petitioner and the Public Prosecutor.3. The petitioner has been convicted by the trial Court i.e., the Court of the Judicial Magistrate of 1st Class, Jagthiyal, in C.C. No. 45 of 1987 under Section 337 IPC and sentenced to undergo simple imprisonment for a period of three months and under Sec.338 IPC for simple imprisonment for a period of nine months and to pay a fine of Rs. 1,000/-, in default to suffer simple imprisonment for two months and further convicted under Section 304-A IPC to undergo simple imprisonment for a period of two years and to pay a fine of Rs. 3,000/-, in defaul...
Tag this Judgment!M. Premanandam Vs. State Bank of India and anr.
Court: Andhra Pradesh
Decided on: Oct-27-1995
Reported in: (1996)ILLJ882AP
S.V. Maruthi, J.1. The question involved in this writ petition is what is the effect of the judgment in W.P.No. 5924/85 dated September 21, 1988. It arises under the following circumstances.2. The petitioner was appointed as Clerk-cum Cashier in the State Bank of India, Kollur. On November 16, 1984 a notice was issued to him stating that in the attestation form dated July 23, 1984 submitted by him, he did not mention that he was remanded to judicial custody on July 17, 1984 and that he was employed in the office of the Regional Provident Fund Commissioner, Guntur and he was asked to submit his explanation for suppressing the above facts. He made a representation on November 21, 1984 seeking one week time for submitting his explanation. However, without waiting for the explanation, the first respondent terminated the service of the petitioner by his proceedings dated November 23, 1984. The petitioner filed a representation on April 10, 1985 stating that the allegations made are not corr...
Tag this Judgment!Sukhdev Pershad (Died), His L.R. Durga Pershad Vs. B. Kishanlal and or ...
Court: Andhra Pradesh
Decided on: Oct-27-1995
Reported in: 1996(1)ALT71
ORDERAvinash Somakant Bhate, J. 1. These two revisions are being disposed of by a common judgment as they arise out of the same judgment of the trial Court. 2. Suit O.S. No. 59 of 1958 was filed for accounts. A preliminary decree was passed on 14-11-1958. Against that an appeal was preferred which was dismissed on 16-11-1963. In Supreme Court also the appeal was dismissed on 14-9-1966. Thereafter, the plaintiff filed an application I.A. No. 51 of 1976 for passing of a final decree which was ultimately passed on 17-11-1977. Against this final decree the defendants preferred an appeal C.C.C.A. No. 78 of 1978, which was dismissed on 10-3-1987. The E.P. was filed in 1992 but was dismissed on 16-2-1994. Thereafter, E.P. 15 of 1994 was filed before the Executing Court for executing the decree against the judgment debtors. 3. The judgment debtors had contested the E.P. It was contended mat the E.P. was not maintainable as it was barred by limitation. Another point raised was that the amount w...
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