Andhra Pradesh Court December 1995 Judgments
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Government of Andhra Pradesh and anr. Vs. V. Satyam Rao
Court: Andhra Pradesh
Decided on: Dec-08-1995
Reported in: 1996(2)ARBLR453(AP)
P. Venkatarama, J. 1. C.R.P. No. 2460/1993, filed by the Government of Andhra Pradesh, arises out of the Judgment and Decree in O.S. No. 82/1991 on the file of the Subordinate Judge, Karimnagar. That suit was filed under Section 14(2) of the Arbitration Act praying the court to make the award dated 8.8.1991 passed by the sole arbitrator a Rule of the court. The suit was decreed. C.M.A. No. 891/1993 arises out of the application filed by the Government of A.P. in the same court under Sections 30 and 33 of the Arbitration Act to set aside the award. The said application, i.e., O.P. No. 65/1991 was dismissed by the learned Sub-ordinate Judge, Karimnagar. The respondent-contractor was awarded a contract to execute the work - 'Lining to Kakatiya Canal from KM 215 to 218, K.S.R.J. Project'. The value of the work as per the contract was Rs. 35.55 lakhs which is less than the estimated value by 18%. The respondent entered into an agreement with the Superintending Engineer, I&PD;, Construction ...
Arshad Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Dec-08-1995
Reported in: 1996(3)ALD410; 1996(2)ALD(Cri)264; 1996(2)ALT(Cri)433; 1996CriLJ2893
K.M. Agarwal, J.1. The appellant was tried for an offence under S. 302, IPC in Sessions Case No. 399 of 1993 by the Additional Sessions Judge, Medak at Sangareddy and was found guilty and accordingly sentenced to undergo life imprisonment by the impugned judgment dated 8-3-1995. Being aggrieved, the appellant has preferred this Criminal Appeal. 2. The accused, the deceased and the material prosecution witnesses were residents of village Kohir. It was alleged that about 10 months before the date of incident, the deceased Nagarchi Khasim Ali had murdered the father of the accused over a land dispute and, therefore, on 14-12-1992 at about 5-15 p.m., the accused dealt a heavy blow on the head of the deceased by an iron rod in Saheen Hotel near Bus Stand, Kohir, which resulted in his death on way to the hospital. A report (Ex.p. 1), was lodged at about 6-00 p.m. on the very day by one P. Narsimlu (P.W. 1), who happened to be the village Administrative Officer. After the post-mortem report a...
Bonthu Arjuna Rao Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Dec-08-1995
Reported in: 1996(1)ALT(Cri)433; 1996CriLJ1807
K.M. Agarwal, J. 1.The appellant was tried for offences under Section 302 and 307, I.P.C. in Sessions Case No. 396 of 1993 by the Second Additional Sessions Judge. East Godavari, Rajahmundry and by the impugned judgment dated 27-1-1995, found guilty and accordingly convicted and sentenced to life imprisonment and a fine of Rs. 100/-, or in default S.I., for two months, for the offence under Section 302, I.P.C., and further to undergo R.I. for 10 years and a fine of Rs. 100/-, or in default S.I. for two months, for the offence under Section 307, I.P.C., both sentences to run concurrently. Being aggrieved, he has filed the present Criminal Appeal. 2. According to the prosecution, the deceased Arti Vishnu was earlier having illicit relations with the accused appellant. Later on she deserted him and developed intimacy with Pasupuleti Nageswara Rao (P.W. 1) and, therefore, the appellant was unhappy with both of them. P.W. 1 was the watchman of one Maddala Venkatachalam for watching his fiel...
Gaddam Brahmama Alias Chinna Vs. the State and anr.
Court: Andhra Pradesh
Decided on: Dec-08-1995
Reported in: 1996(1)ALD826; 1996(1)ALD(Cri)463; 1996(2)ALT(Cri)8; 1996CriLJ2037; 1996(1)LS195
K.M. Agarwal, J. 1. The appellant was tried for offences under Ss. 307 and 302. IPC, found guilty and accordingly convicted and sentenced to undergo R.I. for 5, years and pay a fine of Rs. 500/- for an offence under S. 307, IPC and further to life imprisonment and fine of Rs. 1,000/- for an offence under S. 302, IPC in Sessions Case No. 58 of 1994, decided on 12-9-1994 by the Third Additional Sessions Judge, East Godavari Division, Kakinada. Being aggrieved, he has preferred this Criminal Appeal. 2. The victim Janakamma alias Janaki (P.W. 1) was the wife of the appellant's younger brother, Geddam Eswara Rao (P.W. 7) and the daughter of the deceased Gubbala Seethamma. They were residents of village Nadakuduru. It was alleged that earlier the appellant and his brother Geddam Eswara Rao used to reside in different portions of one and the same house belonging to them. Subsequently, Geddam Eswara Rao and his wife Janakamma went to reside with the deceased Gubbala Seethamma with the result t...
Angara Pandithacharyulu and ors. Vs. Government of Andhra Pradesh, Edu ...
Court: Andhra Pradesh
Decided on: Dec-08-1995
Reported in: 1996(2)ALT633
ORDERSyed Shah Mohammed Quadri, J.1. The petitioners are the School Assistants of C.B.M. High School, Samalkot. It is stated that the first respondent, the Government of Andhra Pradesh took a policy decision to admit certain schools to grant-in-aid, pursuant to which the above said School was admitted to grant-in-aid by orders issued in G.O. Ms. No. 321 Education Department, dt. 24-7-1986 with effect from 1985. The grievance of the petitioners is that no grant-in-aid was released from 1-3-1986 to 31-3-1987 and therefore they sought a writ of mandamus directing the respondents 1 and 2 to release the funds in respect of the petitioners claim of the salaries for the period from 1-3-1986 to 30-6-1987.2. In the counter-affidavit filed by the Assistant Secretary to the Government, the material facts are not disputed. However, in the additional counter-affidavit filed by the Deputy Secretary to the Government on 21-10-1995, it is submitted that the Legislature of the State of Andhra Pradesh p...
C. Balaiah and ors. Vs. Tirumala Tirupati Devasthanams Rep. by Its Exe ...
Court: Andhra Pradesh
Decided on: Dec-07-1995
Reported in: 1996(2)ALT432a
ORDERP.S. Mishra, C.J.1. These appeals under Clause 15 of the Letters Patent of the Court have arisen from a common Judgment in Writ Petition Nos. 4967 and 10492 of 1992 being Proceedings under Article 226 of the Constitution of India. Writ Petitioner -appellants (in W.A.No. 1202 of 1995) have sought for a direction to the respondents in the writ petition to appoint them as Assistant Engineers (Electrical) in accordance with Tirumala Tirupathi Devasthanams Service Rules, since they have been working as Line Inspectors and were eligible for such appointment by promotion. Writ petitioner - appellants (in Writ Appeal No. 1203 of 1995) have sought for an appropriate Writ to declare G.O.Ms. No. 375, Revenue (End. III) Department, dated 26-4-1994, as illegal and unconstitutional and accordingly to set aside the consequential order in Roc. No. TLI/38679/92, dated 4-5-1994, issued by the second respondent appointing the third respondent in the writ petition as Assistant Engineer (Electrical).2...
China Narasappa and anr. Vs. Venkata Reddy and ors.
Court: Andhra Pradesh
Decided on: Dec-07-1995
Reported in: 1996(2)ALT593
ORDERSyed Shah Mohammed Quadri, J.1. These two writ petitions arise under the same circumstances and raise common questions of law, therefore they are heard together and are being disposed of by a common Judgment.2. To appreciate the questions involved in these cases we shall refer to the facts stated in W.P.No. 24086 of 1995.3. Consequent upon the declaration of the Government to hold elections for the Gram Panchayats in the State, elections to the post of Sarpanch of Mittanandhimalla Gram Panchayat were held on 3-7-1995. The petitioner and the fourth respondent contested for the said post Counting of the votes was done on the same day, at about 4.30p.m. by the Election Officer, the first respondent. The result of the counting was made known to the parties on making entries in Form-17 which shows that the petitioner secured 329 votes; and the fourth respondent secured 328 votes; 24 votes were found to be invalid and were rejected. A batch of Writ Petitions was pending in this Court wh...
Mallaram Govindamma and anr. Vs. the District Collector and ors.
Court: Andhra Pradesh
Decided on: Dec-07-1995
Reported in: 1995(3)ALT870
ORDERB.S.A. Swamy, J.1. The petition was filed, by the petitioners, two in number, questioning the action of the 3rd respondent in not registering the sale deeds executed by them in favour of one Sridhar Kumar or his nominees under the guise that the Collector and Joint Collector gave certain instructions not to register any transaction affecting the Government lands. This writ petition was filed on 24-4-1995, and thereafter, I granted several adjournments to the Government Pleader to file the counter affidavits on behalf of respondents 1 and 2 viz., District Collector and Joint Collector, Chittoor. My efforts to get the information from these two Officers with regard to the state of affairs relating to these lands in question did not yield fruitful results. At the same time, the Sub Registrar, 3rd respondent filed his counter wherein he categorically stated that the Government issued instructions in Memo No. 1608/U2/87-1 Revenue (U) Department, dated 22-5-1987 not to register any tran...
Progressive Aluminium Ltd. and ors. Vs. Registrar of Companies and anr ...
Court: Andhra Pradesh
Decided on: Dec-06-1995
Reported in: 1996(1)ALD(Cri)684; 1996(2)ALD(Cri)81; [1997]89CompCas147(AP)
D.H. Nasir, J.1. Company Petition No. 25 of 1993 is filed under section 633(2) of the Companies Act, 1956 (for short 'the Act'), for securing release of petitioners Nos. 2 of 10 who are directors of petitioner No. 1-company from criminal liability under section 63(1) of the Act. 2. The petitioners have also filed Crl. Petition No. 1304 of 1993 to quash C.C. No. 16 of 1993 on the file of the Special Judge for Economic Offences, City Criminal Courts, Hyderabad, in which the petitioners are prosecuted for offences punishable under section 63 read with section 55 of the Act, which is punishable with imprisonment for a terms which may extend to two years or with fine which may extend to Rs. 5,000, or with both. 3. Since the subject-matter of both the above proceedings is the same, the same are being disposed of by this common order. 4. The facts in brief are as follows : Petitioner No. 1, Progressive Aluminium Limited, was incorporated under the Act, and petitioners Nos. 2 to 10 are its dir...
Ch. Papa Naidu Vs. the State of Andhra Pradesh Rep. by the Secretary t ...
Court: Andhra Pradesh
Decided on: Dec-06-1995
Reported in: 1996(1)ALT142
ORDERG. Bikshapathy, J. 1. In the present Writ Petition the Petitioner assails G.O.Ms. No. l93 (Revenue) dated 15-2-1992. 2. The facts leading to the case are that the Petitioner was assigned the land having an extent of Ac.2-30 cents in S. No. 421/7 of Siddivaram village on 31-7-1980. It appears that at the instance of the 6th Respondent, the Sub-Collector, Madanapalle, the 4th Respondent herein passed an order on 30-6-1991 reserving the land which is allotted to the Petitioner for communal purposes. Against the said order, the Petitioner filed an appeal to the Joint Collector. At the time of admission, the Joint Collector granted suspension of the order of the Sub-Collector on l-8-1981,however stay was vacated on 12-5-1982. Thereafter the Petitioner filed an appeal before the Commissioner for Land Revenue, the 2nd Respondent herein and the same was rejected on 14-10-1984, thereafter the Petitioner filed the Revision to the Government challenging the order of the Commissioner for Land...
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