Andhra Pradesh Court March 1996 Judgments
Thangirala Kalyani Vs. the State
Court: Andhra Pradesh
Decided on: Mar-29-1996
Reported in: 1997(1)ALT(Cri)593; 1996CriLJ2794
N.Y. Hanumanthapa, J.1. These appeals are preferred by the accused (A. 1) in S.C. No. 82/94 on the file of the Sessions Judge. Nellore assailing the conviction and sentence inflicted upon her to undergo imprisonment for life for the offence punishable under Section 302, IPC., for causing the death of her husband Thangirala Hanuma Prasad (hereinafter referred to as the deceased). However A. 2 was found not guilty and accordingly acquitted. 2. The case of the prosecution is that about 2 and half months prior to 30-7-1993 appellant's marriage was performed with the deceased and prior to marriage appellant was residing with her sister Ramadevi in the house of her maternal aunt Veluri Lalithamma of Janathapet. During her stay there, she developed illicit intimacy with A. 2. Her maternal aunt advised her to severe her connection with A. 2 but the appellant did not heed her advice. Then she sent appellant to Ammavaripalem to her parents house. Subsequently the marriage of the appellant with t...
Tag this Judgment!Rama Rao P. and ors. Vs. Controlling Authority Under P.G. Act and Alc( ...
Court: Andhra Pradesh
Decided on: Mar-29-1996
Reported in: 1996(2)ALT406; (1998)IIILLJ114AP
P.S. Mishra, C.J.1. A batch of writ petitions questioning the order of the Controlling Authority under the Payment of Gratuity Act, 1972 and Assistant Labour Commissioner (Central) under which order he has rejected the objection of the writ petitioner -respondent (the employer) as to the delay in filing the claim application for gratuity, has been allowed by the learned single Judge. Employees have preferred the instant appeals.2. It is not in dispute that the appellant-employees served for the full term of employment and retired and on their retirement, became entitled to gratuity under the Payment of Gratuity Act, 1972 (for short 'the Act') and the Rules framed thereunder. Their demands, however, for non payment of certain part of gratuity were inordinately delayed as their services were terminated ranging from 1973 to 1993. The management responded to their demands in the proceeding by stating that they had already been paid gratuity as per their entitlement under the Act and after ...
Tag this Judgment!Golden Bar and Restaurant Vs. Commercial Tax Officer and anr.
Court: Andhra Pradesh
Decided on: Mar-29-1996
Reported in: 1996(3)ALT293; [2003]133STC95(AP)
Syed Shah Mohammed Quadri, J.1. As the question raised in these two writ petitions is common, we heard them together and are passing a common order thereon.2. For appreciating the question involved in these cases we shall refer to the facts stated in W.P. No. 3096 of 1996. The petitioner is a dealer registered under the Andhra Pradesh General Sales Tax Act. He was running a bar and restaurant at Martair. Against the order of assessment the petitioner carried the matter in appeal, before the Appellate Deputy Commissioner, which was allowed and the Commercial Tax Officer, the first respondent, was directed to grant necessary relief pursuant to the order of the Supreme Court which was relied upon by the Deputy Commissioner. Thereafter refund of the tax was ordered to the petitioner. The petitioner claimed that interest ought to have been awarded on the tax refunded. The case went through several vicissitudes and ultimately the Sales Tax Appellate Tribunal allowed the appeal setting aside ...
Tag this Judgment!High Court of Andhra Pradesh, Rep. by the Registrar (Administration) V ...
Court: Andhra Pradesh
Decided on: Mar-29-1996
Reported in: 1996(2)ALD(Cri)247; 1996(3)ALT146
Krishna Saran Shrivastav, J.1. This writ appeal arises out of the judgment of a learned Single Judge in Writ Petition No. 14008 of 1994 dated 2-12-1994, whereby the learned Single Judge has quashed the order of dismissal of the 1st respondent from judicial service issued by the 2nd respondent vide G.O.Ms.No. 475 Home (SC.B) Department, dated 18th June, 1994 on the recommendation of the appellant.2. The 1st respondent was a member of the Andhra Pradesh Judicial Service. He was appointed as District Munsif on 7-10-1985. When he was working at Achampet,on 24-12-1990, the District Judge, inpursuance of a complaint, made a surprise visit and prepared an inspection report Ex. P-15. Thereafter, the District Judge on 15-4-1991 submitted a preliminary report Ex. P-21 to the appellant. It was alleged that the 1st respondent had unfairly obtained free bus passes, that he had cut down a tree in the compound of the Court and auctioned it for himself. It was further alleged that he sold by auction t...
Tag this Judgment!Mohd. Abdul Majid Khan and ors. Vs. Afsar Khan and ors.
Court: Andhra Pradesh
Decided on: Mar-29-1996
Reported in: 1996(2)ALT131
P. Ramakrishnam Raju, J.C.M.A. No. 57 of 1996:1. This appeal is filed against an order rejecting the application filed under Order 21, Rule 97C.P.C. seeking for adjudication of the rights of the petitioner in the petition schedule property which is a house bearing Municipal No. 4-1-1/3, King Koti, Hyderabad. The respondent No. 1 filed E.P.No. 46 of 1990 Under Section 144 of Civil Procedure Code for restitution of possession on the ground that he was dispossessed on 21-10-1989 by virtue of an ex parte decree dated 1-9-1987 in O.S.No. 499 of 1989.2. The property in question was originally owned by respondent Nos.2 and 3. One Haji Mohd. Misbhauddin Qureshi obtained agreement of sale dated 11-7-75 from respondent Nos.2 and 3. He filed O.S.No. 293 of 1982 on the file of the Fifth Additional Judge, City Civil Court, Hyderabad for specific performance of agreement for sale against them and obtained an ex parte decree on 30-6-1983. Sale deed was also got executed through Court on 25-1-1991. Th...
Tag this Judgment!Mohammed Afzal Khan and anr. Vs. the District Collector and ors.
Court: Andhra Pradesh
Decided on: Mar-29-1996
Reported in: 1996(2)ALT626
ORDERP.S. Mishra, C.J.1. Heard,2. We have no reason to differ from the view taken by the learned single Judge insofar as his directions remitting the case to the appellate authority are concerned. We, however, do see good reasons to interfere with a finding in the impugned judgment in respect of the statement of the principle of law that an amendment in a writ petition, which has the effect of changing the cause of action cannot be granted. Learned single Judge has come to the above conclusion by following the procedure in this behalf in Order VI Rule 17 of the Code of Civil Procedure. It is indeed a mistake of law to define pleadings for the purpose of a writ petition as pleadings in a suit or a civil proceeding, particularly when plenary power under Article 226 of the Constitution of India is exercised against any order or direction of any authority or tribunal subordinate to the court for the limited purpose of judicial review. One can always bring to the notice of the Court anythin...
Tag this Judgment!Smt. Dhanlakshmi Vs. Sk. Rahmath and ors.
Court: Andhra Pradesh
Decided on: Mar-27-1996
Reported in: 1996(3)ALT143
S. Parvatha Rao, J.1. The appellant questions the judgment of the learned single Judge dated 22-11-1988 in C.M.A. No. 223 of 1985 dismissing the same.2. One Abdul Razak was the driver of lorry bearing registration No. APN 9144 owned by the sixth respondent herein. On the fateful night of 19-10-1991, perhaps overtaken by fatigue, he parked that lorry on a public road near Uomidi village of Gudur taluk and rested his body under it and was lost in sleep, unmindful of the ignition key on the dash board of the lorry left unattended. Came along that way lorry bearing registration No. MDN 774 belonging to five appellant. Its driver - an employee of the appellant - stopped his vehicle (MDN 774) finding the other vehicle (APN 9144) obstructing his way; exploring, he found it apparently forsaken with its ignition key in position, got into it and started and moved it a few paces in a bid to clear his way without noticing that Abdul Razak was sleeping near or under it and ran over him thereby endi...
Tag this Judgment!Anil Kumar Harbhajanka Vs. Arun Kumar Harbhajanka and ors.
Court: Andhra Pradesh
Decided on: Mar-27-1996
Reported in: 1996(2)ALT354
ORDERMotilal B. Naik, J.1. This is an application filed under Order 9 Rule 13 read with Section 151 CPC seeking to set aside the order passed by this Court on 22-2-1996 in C.R.P.No. 498 of 1996.2. At the out set, it is contended by Sri Narayana Reddy, counsel for the petitioner herein alleging that the revision petitioner moved a lunch motion before this Court on 22-2-1996 and filed the CRP No. 498/96 under Article 227 of the Constitution of India. It is further alleged that though the first respondent in the revision petition, who is the petitioner herein, filed a caveat petition No. (SR) 10234/96 in the High Court sensing that the revision petitioner may move the High Court, the High Court has disposed of the C.R.P. on 22-2-1996 without hearing the present petitioner though it is normally required that whoever files a caveat in the Court has to be heard before passing any order.3. Sri Narayana Reddy, counsel for the petitioner further contended that the revision petitioner has failed...
Tag this Judgment!Municipal Corporation of Hyderabad, Rep. by the Commissioner and ors. ...
Court: Andhra Pradesh
Decided on: Mar-27-1996
Reported in: 1996(2)ALT630
ORDERP.S. Mishra, C.J.1. Municipal Corporation of Hyderabad, Secunderabad Division, the Medical Officer of Health and Licensing Authority of the Corporation and the Additional Commissioner of the Corporation have preferred this appeal against the judgment by a learned single Judge of this Court under which the order refusing to grant licence to the writ petitioner - respondent, under Section 521 of the Hyderabad Municipal Corporation Act, has been set aside. It is not in dispute that the petitioner is the dealer of the Indian Oil Corporation in respect of domestic gas cylinders and she has been carrying on the business and keeping the godown and administrative office in different localities. In order, however, allegedly to have both the establishments at one place at H.No. 12/11/143, Namalagundu, Secunderabad, she made an application for the licence under the said provision of the Act to the Corporation. She also applied for the licence under the Indian Explosive Substances Act and the...
Tag this Judgment!Dhanalakshmi Vs. S.K. Rahmath and ors.
Court: Andhra Pradesh
Decided on: Mar-27-1996
Reported in: 1997ACJ954
S. Parvatha Rao, J.1. The appellant questions the judgment of the learned single Judge dated 22.11.1988 in C.M.A. No. 223 of 1985 dismissing the same.2. One Abdul Razak was the driver of lorry bearing registration No. APN 9144 owned by respondent No. 6 herein. On the fateful night of 19.10.1981, perhaps overtaken by fatigue, he parked that lorry on the public road near Uomidi village of Gudur taluk and rested his body under it and was lost in sleep, unmindful of the ignition key on the dashboard of the lorry left unattended. Came along that way a lorry bearing registration No. MDN 774 belonging to the appellant. Its driver an employee of the appellant stopped his vehicle (MDN 774) finding the other vehicle (APN 9144) obstructing his way; exploring, he found it apparently forsaken with its ignition key in position, got into it and started and moved it a few paces in a bid to clear his way without noticing that Abdul Razak was sleeping near or under it and ran over him thereby ending his...
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