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Andhra Pradesh Court December 1995 Judgments

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Dec 20 1995

Bhootati Konda Murugadu Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Decided on: Dec-20-1995

Reported in: 1996(2)ALD905; 1996(1)ALD(Cri)660; 1996(2)ALT(Cri)85; 1996CriLJ3310

ORDER1. The petitioner was convicted for the offence under S. 332, IPC and sentenced to undergo rigorous imprisonment for a period of six months in C.C. No. 292 of 1989 on the file of the II Addl. Judl. Magistrate of First Class, Tirupati. The appeal filed by him in C.A. No. 25 of 1992 on the file of the Addl. Sessions Judge, Tirupati, proved to be unsuccessful. This revision is filed seeking to revise the judgment of the appellate Court. 2. The case of prosecution was that PW 1 is a Head Constable and PW 2 is a Police Constable of Tirupati Control Room. When they were in the Control Room, PW 4, who is S.H.O. and Head Constable attached to East Police Station, Tirupati, asked them to trace the petitioner and another (hereinafter called the accused), who were concerned in a cognizable offence and bring them. PW 3 was the defacto complainant, at whose instance the crime was registered. Accordingly PWs 1 and 2, along with PW 3 went in search of the accused. On seeing the accused, PWs 1 to...


Dec 20 1995

Pachari Eswaramma Vs. A.P.S.R.T.C., Rep. by Its Managing Director and ...

Court: Andhra Pradesh

Decided on: Dec-20-1995

Reported in: 1996(1)ALT364

Motilal B. Naik, J. 1. Petitioner is one of the claimants in O.P. No. 86/91 on the file of the Motor Accidents Claims Tribunal-cum-Addl. District Judge, Madanapalli. The said O.P. was ordered by the Tribunal on 30-9-1995 awarding a total compensation of Rs. 1,53,000/-, along with 12% interest and costs thereon. The said amount was apportioned among the claimants including the petitioner herein. Claimants 2 to 5 are the minor children of the petitioner born out of the wedlock with the late husband of the petitioner. 2. It is stated, the first claimant in the said O.P. who is the petitioner herein desired to withdraw the remaining part of her share awarded by the Tribunal which is kept in fixed deposit, along with accrued interest. Accordingly, she filed I.A. No. 749 of 1995 before the Tribunal seeking permission to withdraw her remaining share on the ground that she is suffering from chronic cholicystitis and needs necessary medical care. The Tribunal rejected the said application by ho...


Dec 20 1995

Dr. Satyanarayana Vs. University of Health Sciences, Rep. by Its Regis ...

Court: Andhra Pradesh

Decided on: Dec-20-1995

Reported in: 1996(1)ALT642

Lingaraja Rath, J. 1. The appellant has approached this Court complaining against the notice issued to him by respondent No. 1 that the seat allotted him in M.S. (General Surgery) in the non-service category has to be cancelled in pursuance of the orders of this Court in W.P.No. 1760 of 1995, that he would be eligible for admission in the vacant seats for non-service candidates in other courses, and to show-cause within a week against the proposed action. 2. One Dr.B. Raj Siddartha, respondent No. 4, an in-service candidate, had filed W.P.No.1760 of 1995 averring that one seat in M.S.(General Surgery) which should have been made available to Scheduled Castes in-service candidates had been actually assigned to other candidates resulting in his being deprived of for admission into that course. In deciding the writ petition the Court held that in accordance with the Rules for admission to Postgraduate 'Medical Courses' in the Medical Colleges in University of Health Sciences, A.P. for the...


Dec 20 1995

The Oriental Insurance Co. Ltd., Rep. by Its Branch Manager Vs. Mukku ...

Court: Andhra Pradesh

Decided on: Dec-20-1995

Reported in: 1996(2)ALT446

Y. Bhaskar Rao, J.1. These batch of LPAs were filed by the oriental Insurance Company against the common Judgment of the learned Single Judge in dismissing the AAOs filed by the Insurance Company on the ground that the appeals are not maintainable.2. The facts of the case are that on 31-8-1987 there was an accident involving the lorry bearing ADB1765 in which three persons died and 24 others received injuries. The injured persons filed claim petitions before 1-7-1989. The Claims Tribunal, by its common award dated 6-4-90, held that the accident took place due to the rash and negligent driving of the lorry by its driver and awarded compensation against the owner and driver of the lorry and also the insurance company ranging from Rs. 2000/- to Rs. 7500/-. Against the said order, the insurance company filed AAOs in this Court on 5-10-1990. When the appeals came up for hearing before the learned Single Judge, a preliminary objection was taken by the claimants that the appeals are not maint...


Dec 20 1995

Oriental Insurance Co. Ltd. Vs. Mukku Bullemma and ors.

Court: Andhra Pradesh

Decided on: Dec-20-1995

Reported in: 1996ACJ1213

Y. Bhaskar Rao, J.1. This batch of L.P.As. was filed by Oriental Insurance Co. Ltd. against the common judgment of the learned single Judge in dismissing the A.A.Os. filed by the insurance company on the ground that the appeals are not maintainable.2. The facts of the case are that on 31.8.1987 there was an accident involving the lorry bearing No. ADB 1765 in which three persons died and 24 others received injuries. The injured persons filed claim petitions before 1.7.1989. The Claims Tribunal, by its common award dated 6.4.1990, held that the accident took place due to rash and negligent driving of the lorry by its driver and awarded compensation against the owner and driver of the lorry and also the insurance company ranging from Rs. 2,000/- to Rs. 7,500/-. Against the said order, the insurance company filed A.A.Os. in this court on 5.10.1990. When the appeals came up for hearing before the learned single Judge, a preliminary objection was taken by the claimants that the appeals are ...


Dec 20 1995

Pachari Eswaramma Vs. A.P.S.R.T.C. and ors.

Court: Andhra Pradesh

Decided on: Dec-20-1995

Reported in: I(1997)ACC132

Motilal B. Naik J.1. Petitioner is one of the claimants in O.P. No. 86/91 on the file of the Motor Accidents Claim Tribunal-cum-Addl. District Judge, Madanapalli. The said O.P. was ordered by the Tribunal on 30.9.1995 awarding a total compensation of Rs. 1,53,000/-, alongwith 12% interest and costs thereon. The said amount was apportioned among the claimants including the petitioner herein. Claimants 2 to 5 are the minor children of the petitioner born out of the wedlock with the late husband of the petitioner.2. It is stated, the first claimant in the said O.P. who is the petitioner therein desired to withdraw the remaining part of her share awarded by the Tribunal which is kept in fixed deposit, alongwith accrued interest. Accordingly, she filed I.A. No. 749 of 1995 before the Tribunal seeking permission to withdraw her remaining share on the ground that she is suffering from chronic cholicystitis and needs necessary medical care. The Tribunal rejected the said application by holding...


Dec 19 1995

B. Satyanarayana Vs. the Inspector of Vigilance Cell and ors.

Court: Andhra Pradesh

Decided on: Dec-19-1995

Reported in: 1996(1)ALT544; 1996CriLJ1785

N.Y. Hanumanthappa, J.1. The petitioner is the brother of one M. G. Venugopalaiah Setty, son of Anthaiah, 48 yrs., resident of Noonepalli, Nandyal, Kurnool district. He has filed this writ petition to declare the detention of Mr. G. Venugopalaiah Setty in Central Prison, Musheerabad, Secunderabad, by order of detention dated 28-7-1995, communicated on 31-7-1995 passed by the 2nd respondent - District Collector and Magistrate, Kurnool district, by virtue of the powers conferred under Section 3(2)(a) read with Section 3(1)(a) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Act 7 of 1980), as illegal and void and set him at liberty forthwith. 2. The facts leading to the filing of this writ petition are as follows :- The detenu Mr. G. Venugopalaiah Setty is a merchant in rice. He gets the rice hulled either in his own rice mill or in the mills taken on lease. He is deligent in complying with the several orders issued by the Government of...


Dec 19 1995

Jalal Hussaini and ors. Vs. Syed Quadrathulla Hussaini and ors.

Court: Andhra Pradesh

Decided on: Dec-19-1995

Reported in: 1996(2)ALT364

Lingaraja Rath, J.1. These LPAs arise out of the common judgment delivered in A.S.Nos. 1472 and 1473 of 1981 respectively arising out of O.S.No.37 of 1978 re-numbered as O.S.No. 56 of 1980 and O.S.No. 12 of 1978 re-numbered as O.S.No. 55 of 1980.2. While LPA No. 371 of 1988 has been filed by the defendants to the two suits, LPA Nos. 139 and 142 of 1990 have been filed by the plaintiffs. These LPAs are hence disposed of by this common judgment and for convenience the defendants are referred as the appellants and the plaintiffs as the respondents.3. The respondents brought both the suits O.S.No. 56 of 1980, having been filed for declaration that the plaintiff No. 1-respondent No. 1 is the Sajjada Inamdar, Mutawalli and Saheb Munthakab of Darga Shareef Azrath Syed Shah Ahmad, Khatal Hussaini situate at village Kollampally, Taluk Makthal, District Mahaboobnagar and plaintiff No.2-respondent No.2 as the brother of the respondent No. 1 as also for perpetual injunction against the appellants ...


Dec 19 1995

Smt. Sk. Khasim Bee Vs. the State Election Commissioner and Others

Court: Andhra Pradesh

Decided on: Dec-19-1995

Reported in: AIR1996AP324; 1996(1)ALT76

ORDERY. Bhaskar Rao, J.The office of Sarpanch of Mangaiagiripadu Gram Pan-chayat in Guntur District is reserved for woman. The petitioner and the fourth respondent have contested to the office of Sarpanch in the elections held on 27-6-1995. The counting of votes took place on 27-6-1995 and it was informed that the petitioner got 512 votes, the fourth respondent got 509 vottes and 51 were declared to be invalid votes out of the total votes of ' 1072'. The Election Officer signed Form No. 17, but did not declare the result in view of stay granted by this Court in a batch of writ petitions. The fourth respondent filed Writ Petition No. 14231 of 1995 seeking a direction for recounting, which was admitted and this Court passed an order to the effect that result of election will be subject to the result of writ petition. The State Election Commissioner i.e., the first respondent herein, issued a notification on 26-7-1995 in the light of the petitions received by him from the contesting candi...


Dec 18 1995

Andhra Pradesh State Financial Corporation Vs. Electrothermic (P.) Ltd ...

Court: Andhra Pradesh

Decided on: Dec-18-1995

Reported in: [1996]86CompCas402(AP)

P.S. Mishra, C.J. 1. Electrothermic Private Limited (hereinafter referred to as 'the company') is in liquidation and an order to wind it up has already been passed by the learned company judge on December 2, 1993. The State Bank of Hyderabad is a secured creditor. The Andhra Pradesh State Financial Corporation (for short 'APSFC'), however, is another secured creditor and has proceeded against the assets of the company under section 29 of the State Financial Corporations Act, 1951 (63 of 1951) (for short 'the Act'). The learned company judge, it appears, on a petition in this behalf, passed an order of stay and directed the APSFC to see that none of the assets of the company were handed over to any one pending further directions or orders. The APSFC moved a petition seeking vacation of the said order. The learned company judge has vacated the stay and ordered as follows : 'The sale of secured property of the company, by respondent No. 1, which are in its possession, shall be held only a...


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