Andhra Pradesh Court October 1995 Judgments
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P. Swarupa and Etc. Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Oct-20-1995
Reported in: 1996CriLJ2607
Y. Bhaskar Rao, J. 1. Crl.M.P. No. 3193/95 is filed for release of the lorry bearing No. A.P. 16 U 2297, which was seized by the second respondent as it was found to be carrying '11' bottles of whisky, Crl.M.P. No. 3249/95 is filled for release of the Ambassador car bearing No. TMT 7962, which was seized by the first respondent as it was found to be carrying '70' litres of arrack in plastic containers. 2. These two petitions were heard by a learned single Judge, P. Ramakrishnam Raju, J. The learned counsel for the petitioners relying on the order dated 27-5-1995 in Crl.M.P. No. 2529 of 1995 made by Ramesh Madhav Bapat, J., contended before the learned single Judge that the Magistrate has got jurisdiction to order release of the vehicles in favour of the petitioners by way of interim custody. On the other hand, the learned Public Prosecutor placing reliance on a decision of the Supreme Court in Divisional Forest Officer v. G. V. Sudhkar Rao, : 1986CriLJ357 contended that the provision u...
Surya Prakash and ors. Vs. Md. Younus and ors.
Court: Andhra Pradesh
Decided on: Oct-20-1995
Reported in: 1995(3)ALT726
ORDERP. Venkatarama Reddi, J.1. In these revision petitions preferred under Section 22 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act (hereinafter referred to as 'the Act'), the only question that arises for consideration is whether the Appellate Authority constituted under Section 20 of the Act is empowered to condone the delay in filing appeals on sufficient cause being shown by the appellants by invoking Section 5 of the (Indian) Limitation Act, 1963. The Chief Judge, City Small Causes Court (FAC) acting as an appellate authority under the Act, took the view that Section 5 of the Limitation Act does not apply and he, therefore, summarily rejected the un-numbered appeals by a common order passed in 19 cases. The aggrieved parties most of whom are tenants are questioning the correctness of the order passed by the appellate authority.2. There is no uniformity in the views expressed in various judgments of the A.P. High Court. In some decisions, it was held that ...
Nazir Ahmed Ansari Vs. Lateef Bi and ors.
Court: Andhra Pradesh
Decided on: Oct-19-1995
Reported in: 1996(1)ALD(Cri)396; 1996(1)ALT(Cri)419; 1996CriLJ1548; I(1996)DMC300
ORDER1. The Criminal Revision Case is filed questioning the order dated 9-7-1993 passed in Crl. R.P. No. 31 of 1992, by the III Additional Sessions Judge, Kurnool. The respondent filed Crl. M.P. No. 131 of 1991 in M.C. No. 83 of 1979, on the file of the Additional Judicial Ist Class Magistrate, Kurnool, under Section 127 Cr.P.C. (for short, `the Code') for cancellation of the order of maintenance dated 1-8-1980 in M.C. No. 83 of 1979, on the sole ground that after the enactment of Muslim Women (Protection of Rights on Divorce) Act 1986 (for short, `the Act') a divorced woman is no more entitled to claim maintenance beyond iddat period. The learned Magistrate allowed the petition by an order dated 8-5-1992. Aggrieved by the said order, the respondent filed Crl. R.P. No. 31 of 1992. The III Additional Sessions Judge, Karnool, allowed the Crl. R.P. and set aside the order passed by the Magistrate on the ground that the Act is only prospective in operation and does not affect the orders of...
Reguri Sampath Reddy and Etc. Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Oct-19-1995
Reported in: 1996(1)ALT(Cri)318; 1996CriLJ1528; I(1997)DMC99
1. This judgment will dispose of all these three Criminal Appeals 1050 of 1992 and 329 and 780 of 1993, as they all arise out of the same judgment of conviction and sentence dated 13-10-1992 passed by the Sessions Judge, Warangal in Sessions Case No. 190 of 1990 convicting one Reguri Sampath Reddy for the offence under S. 498-A, IPC and sentencing him to undergo Rigorous Imprisonment for a period of six months and to pay a fine of Rs. 500/-, in default to suffer simple imprisonment for one month, and acquitting all the three accused A. 1, A. 2 and A. 3 for the offence under S. 304-B of the IPC. Criminal Appeal No. 1050 of 1992 is filed by the accused Reguri Sampath Reddy, challenging his conviction and sentence under S. 498-A of the IPC, as aforesaid. Criminal Appeal No. 329 of 1993 is filed by the State under S. 378, Cr.P.C. against the order of acquittal of A. 1 of the offence under S. 304-B, IPC and, instead, convicting him for an offence u/S. 498-A, IPC. Criminal Appeal No. 780 of ...
The Public Prosecutor, High Court of Andhra Pradesh, Hyderabad Vs. J.C ...
Court: Andhra Pradesh
Decided on: Oct-19-1995
Reported in: 1996(1)ALD677; 1996(1)ALD(Cri)566; 1995(2)ALT(Cri)697; 1996CriLJ462; 1996(1)LS516
ORDER1. The State filed Crl.M.P. No. 518 of 1995 in Crime No. 24 of 1995 of Yadiki Police Station, to handover the respondents to the police custody for a period of ten days, for the purpose of interrogation. The learned Magistrate, Tadipatri, dismissed the petition by order dated 21-4-1995, which is now challenged by the State. 2. The averments stated by the petitioner are as follows : Crime No. 24 of 1995 has been registered in Yadiki Police Station with regard to 'land maid blast mine' on 26-3-1995 in which nine persons were killed while travelling in a jeep. There were long standing bitter factions between the members of S. Narapa Reddy, one of the deceased persons and another group. Some members of either group have been murdered by the opposite group. Due to the above murderous feuds in the village, it is alleged that the attack was perpetrated by using high powered explosive. The respondents who are some of the accused in the case have directly surrendered before the Court, givi...
Commissioner of Wealth Tax Vs. Rahamatunnisa Begum
Court: Andhra Pradesh
Decided on: Oct-19-1995
Reported in: (1996)136CTR(AP)326
ORDERP. Venkatarama Reddy, J. 1. This is an application filed by the CWT under s. 27(3) of the WT Act to refer the following questions of law for decision of this Court : '1. Whether, on the facts and in the circumstances of the case, the Tribunal is correct in law in confirming the order of the CWT(A), especially when the CWT(A) did not follow the procedure prescribed under s. 23(3A) of the WT Act, which casts an obligation on the CWT(A) to give an opportunity of being heard to the Valuation Officer who gave report under s. 16A of the Act 2. Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in not giving an opportunity of being heard to the Valuation Officer who submitted a report under s. 16A as required under s. 24(5) of the WT Act 3. Whether, on the facts and in the circumstances of the case, the finding arrived at by the Tribunal is not vitiated in law owing to failure in complying with the statutory provisions of the Act 4. Whether, on th...
Commissioner of Wealth-tax Vs. Mrs. Rahamatunnissa Begum
Court: Andhra Pradesh
Decided on: Oct-19-1995
Reported in: [1997]226ITR591(AP)
P. Venkatarama Reddy, J. 1. This is an application filed by the Commissioner of Wealth-tax under Section 27(3) of the Wealth-tax Act, 1957, to refer the following questions of law for decision of this court : '1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is correct in law in confirming the order of the Commissioner of Income-tax (Appeals), especially when the Commissioner of Income-tax (Appeals) did not follow the procedure prescribed under Section 23(3A) of the Wealth-tax Act, 1957, which casts an obligation on the Commissioner of Wealth-tax (Appeals) to give an opportunity of being heard to the Valuation Officer who gave report under Section 16A of the Act 2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in not giving an opportunity of being heard to the Valuation Officer who submitted a report under Section 16A as required under Section 24(5) of the Wealth-tax Act 3. Whether, on facts and...
State of Andhra Pradesh Vs. Rasi Cement Limited
Court: Andhra Pradesh
Decided on: Oct-19-1995
Reported in: [1996]103STC255(AP)
P. Venkatarama Reddi, J.1. The State of Andhra Pradesh has filed this tax revision case aggrieved by the order of the Sales Tax Appellate Tribunal holding that the institution fee payable under rule 33(2) of the Andhra Pradesh General Sales Tax Rules for filing an appeal before the Appellate Deputy Commissioner, Commercial Taxes, should be as per the pre-amended rule and the amendment which came into force on September 6, 1988, enhancing the fee has no application to the present case. 2. The respondent herein was assessed to tax for the year 1983-84 by an assessment order passed on August 25, 1988, under the Central Sales Tax Act. Against this order, an appeal was filed on September 27, 1988, i.e., after the amendment to the rule came into force. The rule, as amended, reads as follows : '33. (2)(i) Every such appeal shall be in form I and verified in the manner specified in the rules. (ii) It shall be in duplicate. (iii) It shall be accompanied by a treasury receipt in support of havin...
The Primary Agricultural Co-op. Society Rep. by Its President S. Ranga ...
Court: Andhra Pradesh
Decided on: Oct-19-1995
Reported in: 1996(3)ALT488
Lingaraja Rath, J.1. In the appeal the direction of the learned Single Judge quashing the second enquiry initiated Under Section 51 of the A. P. Co-operative Societies Act, 1964 is assailed saying that the report of the first Enquiry Officer, Sri G. Jadusingh was one confined only to the year 1989-90 though he had been directed to conduct enquiry since 1st July, 1987 till the completion of the enquiry. A copy of the first enquiry report is produced before us wherein the Enquiry Officer recorded that the society had been audited upto 1989-90 and during the years 1987-88 and 1988-89, the society had earned a net profit of Rs. 1,53,866-46 and Rs. 56,831-84 respectively and as seen from the audit reports, it is observed that there were no serious irregularities in the said two orders and that hence he has conducted and completed the enquiry of the said society in respect of various matters for the year 1989-90. The District Co-operative Officer who had directed the enquiry to be held passe...
M. Yadaiah Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Oct-18-1995
Reported in: 1996(1)ALD485; 1996(1)ALD(Cri)434; 1996(1)ALT(Cri)242; 1996(1)APLJ213; 1996CriLJ1456; II(1996)DMC209
1. This Appeal is filed against the Judgment of conviction and sentence dt. 29-5-1992 passed by the II Addl. Metropolitan Sessions Judge, Hyderabad in Sessions Case No. 104/89, convicting the appellant for an offence under Section 304-B of I.P.C. and sentencing him to undergo rigorous imprisonment for seven years. 2. The Prosecution case in brief may be summarised thus : The Accused-Appellant M. Yadaiah is the husband of the deceased Andalu, and they .. .. .. were married in the year 1986. A-2 is the mother of A-1, A-3 is the sister of A-1 and A-4 is the husband of A-3. The deceased Andalu died of drowning on 8-3-88 in Kartala Rajaiah well situated at Bandlaguda. According to the prosecution, all these four accused persons had subjected her to cruelty and harassment and ill-treated and tortured her to bring 1 1/2 tolas of gold from her parents by way of dowry; the 1st accused was also threatening her that he would go for the second marriage. For sometime after the marriage the accused ...
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