Andhra Pradesh Court November 1995 Judgments
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K. Radhakrishna Naidu Vs. Director of Civil Supplies, Hyderabad and Ot ...
Court: Andhra Pradesh
Decided on: Nov-16-1995
Reported in: AIR1996AP185
ORDERThe petitioner is challenging the proceedings of the first respondent-Director of Civil Supplies, Hyderabad in C.C.S. Reference No. E2/815/1990, dated 3-1-1991 confirming the order of the second respondent dated 5-10-1990 cancelling the licence issued to the petitioner under the provisions of A. P. Petroleum Products Order, 1980.2. The petitioner has a chequered career. The licence issued to the petitioner was cancelled by the second respondent by proceedings dated 12-7-1990. The cancellation took place in pursuance of a show-cause notice issued by the second respondent basing on the report of the Mandal Revenue Officer, Gali-veedu. On the basis of a report submitted by the said officer i.e. the Mandai Revenue Officer dated 23-3-1990, a show-cause notice was issued to the petitioner by the second respondent on 31-3-1990, for which the petitioner submitted his explanation on 11-4-1990. However, the second respondent passed the orders of cancellation on 12-7-1990. Aggrieved by the s...
K.V. Durga Prasad and ors. Vs. Sri Durgamalleswara Swami Vari Devastha ...
Court: Andhra Pradesh
Decided on: Nov-16-1995
Reported in: 1995(3)ALT665; (1996)ILLJ1116AP
ORDERG. Bikshapathy, J. 1. In the present writ petition, the petitioners are challenging the proceedings dated 6-5-1991 wherein their services were terminated. The facts are that the first petitioner was appointed as Conductor initially on N. M. R. basis from 6-3-1988 and as a regular conductor from 30-5-1990, the second petitioner was appointed as driver of the car with effect from 25-5-1990 while the third petitioner was appointed as Junior Assistant on 16-3-1990 and posted at Sri Venkateswara Swami Devasthanam, Nimmakuru. However, he was subsequently transferred to the first respondent-Devasthanam with effect from 2-4-1990. The said transfer was also made by the Commissioner of Endowments i.e., the second respondent herein. 2. The learned Counsel for the petitioners submits that the impugned order dated 6-5-1991 was passed at the instance of the Government memo dated 5-5-1991 which was communicated by the second respondent through telephone. He refers to the reference made in the im...
D.V.V. Satya Prasad and ors. Vs. the Government of Andhra Pradesh, Rep ...
Court: Andhra Pradesh
Decided on: Nov-16-1995
Reported in: 1996(1)ALT390
M.N. Rao, J. 1. At issue in this batch of writ petitions is the validity of Rule 73 of the Andhra Pradesh Co-operative Societies Rules, 1964 issued in G.O.Ms.No. 132, Agriculture and Co-operation (Co.-op. III) Department dated 3-3-1993 as amended by G.O.Ms.No. 212, Agriculture & Co-operation (Co-op III) Department dated 7-5-1994, which concerns the transfer of employees of the erstwhile Primary Agricultural Development Banks (for short 'PADBs') to the service of the District Co-operative Central Banks (for short 'DCCBs'). Primarily, Rule 73 incorporates the guidelines for equation of posts and integration of services covering the gamut of cadre strength, notional and future promotions, options to be exercised by the employees, inter se seniority, continuity of service and other related matters. Certain employees of the D.C.C.Bs., have been resisting the absorption of the staff of the erstwhile P.A.D.B. employees on the ground that such absorption would affect, adversely, their service ...
C. Baburao Vs. R. Krishna
Court: Andhra Pradesh
Decided on: Nov-16-1995
Reported in: 1996(2)ALT547
ORDERK.B. Siddappa, J.1. This Revision is filed against the Judgment Passed in R.A.No. 94/91 on the file of the Chief Judge, City Small Causes Court, Hyderabad. The landlord is the petitioner herein. He had filed the Rent Case against the tenant on 2 grounds: 1. Wilful default and 2. Bona fide requirement. The Rent Controller after considering the evidence on record, held that the tenant has not committed any wilful default in payment of rents from February, 1988 to April, 1988. On the 2nd point also he held that the landlord could not make out a case for bona fide requirement. Consequently, the Rent Case was dismissed. Against that order, the landlord carried the matter in appeal before the appellate Court i.e. Chief Judge, City Small Causes Court, Hyderabad. He also held, both the grounds against the landlord and consequently dismissed the appeal with costs. Aggrieved by the said Judgment the present revision is filed.2. The learned counsel appearing for the petitioner has submitted ...
M. Mohan Reddy Vs. Jairaj D. Bhale Rao and anr.
Court: Andhra Pradesh
Decided on: Nov-15-1995
Reported in: 1995(3)ALT630; 1995(2)ALT(Cri)716
Y.V. Narayana, J.1. This petition is filed by the complainant in C.C. No. 284 of 1993 on the file of the learned Fifth Metropolitan Magistrate, Hyderabad, seeking permission of this court to permit him (the petitioner) to compound the offence punishable under section 138 of the Negotiable Instruments Act, 1881 (XXVI of 1881), and allow Criminal Appeal No. 258 of 1995 which is filed against C.C. No. 284 of 1993 and which is pending. 2. The brief facts of the case are as under : The petitioner-complainant advanced a sum of Rs. 11,60,000 on February 3, 1992, and another sum of Rs. 10,00,000 on March 26, 1992, to the first respondent herein who is the accused in the case. The first respondent issued five cheques drawn on Canara Bank, Somajiguda, Hyderabad, to the petitioner herein towards payment of the amounts advanced to him. The cheques were dishonoured as the 'funds are insufficient'. Therefore, the petitioner filed the complaint. The learned Magistrate, after full trial, found the fir...
Chandraiahgari Ananthareddi and ors. Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Nov-15-1995
Reported in: 1996(1)ALT(Cri)489; 1996CriLJ2109
N.Y. Hanumanthappa, J. 1. This appeal is preferred by A.1 to A.3 in S.C. No. 121/93 on the file of the Additional Sessions Judge, Nizamabad assailing the conviction of A. 1 and A.2 for the offence under Section 302 r/w 34 I.P.C. and sentence to undergo imprisonment for life and to pay a fine of Rs. 500-00 in default to suffer S.I. for six months; conviction of A. 1 and A.2 for the offence under Section 201 r/w 34 I.P.C., and sentence to undergo R.I., for two years and also to pay a fine of Rs. 500-00 in default to suffer S.I. for six months; and conviction of A.3 for the offence under Section 302 r/w 109 I.P.C., and sentence to undergo imprisonment for life and to pay a fine of Rs. 500-00, in default to suffer S.I. for six months. All the sentences were directed to run concurrently. 2. The gravamen of the charge against the accused is that on 4-12-1991 in the evening at the outskirts of Ramayampet village, A.1 and A.2 committed murder of one Junkanti Narasimha Reddy (hereinafter referr...
Oona Gowri Shankara Rao Vs. Oona Rajeswari and ors.
Court: Andhra Pradesh
Decided on: Nov-15-1995
Reported in: 1996(1)ALD491; 1996(1)ALD(Cri)436; 1996(1)ALT(Cri)219; 1996CriLJ1158; 1996(1)LS115
ORDER1. First respondent, the daughter of the 2nd respondent, claimed maintenance under section 125 of Code of Criminal Procedure (for short, 'the Code') in M.C. No. 43 of 1990 on the file of the Addl. Judicial Ist Class Magistrate, Parvathipuram, against the petitioner, alleging that she is his illegitimate daughter through the 2nd respondent, since the 2nd respondent, was not married to him. The learned Magistrate, upon an enquiry, allowed the petition and directed the petitioner to pay Rs. 150/- pm, from the date of filing of the petitioner towards maintenance. The petitioner assails the order of the learned Magistrate in this Criminal Revision Case. 2. The case of the 2nd respondent was that the petitioner, though of the same Vysya caste, took advantage of her poverty and developed illicit intimacy with her promising to keep her as his second wife, resulting in the conception and giving birth to the 1st respondent. Though the 1st respondent is the illegitimate daughter, she is enti...
M. Mohan Reddy Vs. Jairaj D. Bhale Rao and ors.
Court: Andhra Pradesh
Decided on: Nov-15-1995
Reported in: [1997]90CompCas142(AP); 1996CriLJ1010
ORDER1. This petition is filed by the complainant in CC No. 284 of 1993 on the file of the learned V. Metropolitan Magistrate, Hyderabad seeking permission of this Court to permit him (the petitioner) to compound the offence punishable under Section 138 of Negotiable Instruments Act XXVI of 1881 and allow the Criminal Appeal No. 258 of 1995 which is filed against C.C. No. 284 of 1993 and which is pending. 2. The brief facts of the case are as under : The petitioner-complainant advanced a sum of Rs. 11,00,000/- on 3-2-1992 and another sum of Rs. 10,00,000/- on 26-3-1992 to the first respondent herein who is the accused in the case. The first respondent issued five cheques drawn on Canara Bank, Somajiguda, Hyderabad to the petitioner herein towards repayment of the amounts advanced to him. The cheques were dishonoured as the 'funds are insufficient'. Therefore the petitioner filed the complaint. The learned Magistrate, after full trial, found the first respondent guilty of the offence pu...
N. Bala Raju and anr. Vs. Tax Recovery Officer and anr.
Court: Andhra Pradesh
Decided on: Nov-15-1995
Reported in: [1996]221ITR361(AP)
S. Parvatha Rao, J. 1. The petitioners' grievance is that when an earlier sale proclamation was issued on March 22, 1995, they immediately represented to the first respondent, i.e., the Tax Recovery Officer, on April 5, 1995, that the property sought to be brought to sale does not belong to the Hindu undivided family-assessee, that it was the separate property of the karta of the Hindu undivided family who gifted the same to the petitioners several years back and, therefore, the said property could not be brought to sale for the recovery of the wealth-tax dues of the Hindu undivided family-assessee, and that without disposing of the said claim, once again the very same properties are being brought to sale. The petitioners thus question the notice for settling the proclamation of sale, dated October 13, 1995, which, inter alia, states that November 5, 1995, has been fixed for drawing up the proclamation of sale and for settling the terms thereof. 2. Even though the said notice is of Oct...
Namburi Guru Gopal Vs. Union of India (Uoi), Rep. by Its Secretary, Mi ...
Court: Andhra Pradesh
Decided on: Nov-15-1995
Reported in: 1996(1)ALD(Cri)483; 1996(1)ALT840
ORDERN.T. Hanumanthappa, J. 1. Mr. Namburi Guru Gopal, a practising Advocate of this Court, has filed this writ petition seeking production of the alleged detenus before this Court basing on the newspaper report that the alleged detenus were taken away by some agents to Malaysia. 2. It is needless to say that every citizen has a fundamental right to life and when his right to life is deprived of either in this country or by others by way of abduction to other countries, the duty lies on the State to take appropriate steps to get their rights protected, if necessary by contacting the concerned Embassy. The prayer made in this writ petition is squarely falls within the observations made above. 3. Sri Sanku is right in his submission that even if the detenus are inside the country or if they are abducted to outside the country at the instance of some agency in the State and when a complaint is made to the police and in case the police failed to take any action, any citizen of the country ...
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