Andhra Pradesh Court March 1996 Judgments
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N. Narasimharao Alias N. Narsingh Rao Vs. N. Neelamma
Court: Andhra Pradesh
Decided on: Mar-12-1996
Reported in: 1996(2)ALT974
ORDERNeelam Sanjiva Reddy, J.1. This appeal is preferred against the order dated 18-9-1987 in I.A.No. 146 of 1987 in O.P.No. 51 of 1986 passed by the learned Subordinate Judge, Siddipet dismissing the application of the husband to set aside ex parte order passed on 24-2-1987 for restitution of conjugal rights in the above O.P.2. The appellant is the husband of the respondent. Respondent filed the above O.P. for restitution of conjugal rights. A notice was issued to the husband which was returned with an endorsement that it was served on him. As he remained absent, the matter was proceeded ex parte and ex parte order was passed on 24-2-1987 in the O.P. The husband filed I.A.No. 146 of 1987 within time under Order IX Rule 13 read with Section 151 of Civil Procedure Code to set aside the ex parte order. He filed an affidavit explaining the reasons for his absence. The petition was opposed by the wife mainly on the ground that it was not maintainable. Learned Subordinate Judge, relying on ...
A.P. Technological Services Pvt. Ltd., Rep. by Its Managing Director V ...
Court: Andhra Pradesh
Decided on: Mar-11-1996
Reported in: 1996(2)ALT639
P.S. Mishra, C.J.1. Heard.A tender notice for purchase of computers has been questioned by the petitioners - respondents on grounds, inter alia, that the conditions that the manufacturer, who may respond to the tender notice, should have at least five years experience in manufacturing the computers, and should have at least a turnover of rupees ten crores per year for preceding three years, are arbitrary and against the Government's policy to encourage small scale industries.2. Learned single Judge has accepted the contention and interfered with the said two conditions in the tender notice. Before, however, proceeding to go into the questions - whether the appellant - Corporation, which has a separate legal entity and has issued tender notice, is bound by the Government policy in this behalf or not? and whether the above two conditions, in any manner, infringe any right of the petitioners - respondents or not? - we decided to call for a report from the Chief Secretary of the State. The...
Sri Murali Krishna Binny Modern Rice Mill Vs. Commercial Tax Officer a ...
Court: Andhra Pradesh
Decided on: Mar-08-1996
Reported in: 1996(2)ALT59; [1996]103STC267(AP)
S. Parvatha Rao, J.1. This is again another writ petition where the petitioner questions the arbitrary, illegal and extortive demands made by the Commercial Tax Officer on the basis of instructions given by his superior, that is, Deputy Commissioner (Commercial Taxes). 2. The facts are self-explanatory. The petitioner is a registered dealer under the A.P. General Sales Tax Act, 1957 (for short, 'the Act') and, it is stated, has been doing business since 1981. As and when necessary, on an application being made by the petitioner, the concerned sales tax authorities have been issuing books of way bills in the prescribed form on payment of requisite amount, which is Rs. 30 for every book of 50 way bills. 3. It is the case of the petitioner that on April 3, 1995, an application was made on its behalf for issue of 100 way bills, after making the requisite payment for the same. The first respondent, i.e., the Commercial Tax Officer, Jadcherla, Mahbubnagar, issued only one book containing 50 ...
R. Akkulaiah Vs. Government of A.P. Rep. by Its Secretary, Education D ...
Court: Andhra Pradesh
Decided on: Mar-08-1996
Reported in: 1996(3)ALT655
ORDERS. Dasaradha Rama Reddy, J. 1. Services of the petitioner, a former B.Ed Assistant working in the third respondent-college since 21 February 1984, were terminated on 15-6-1989 on the ground that the management was intending to close the unaided section in the High School. Alleging mat the termination was done without the prior approval of the competent authority, the petitioner has filed appeal before the Regional Joint Director of School Education, who, by his order dated 20th March, 1990, allowed the same and directed the management to reinstate the petitioner forthwith and also pay salary 'for the entire period of his absence from its own funds'. This was carried to the Government in further appeal by the management. The Government by order dated 30th July 1992, allowed the appeal holding that the petitioner has studied M.Phil course full-time though permission was granted to study the course as part-time and that the section in which he was teaching has since been closed down ...
K. Mallikarjuna Rao (Died) and ors. Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Mar-06-1996
Reported in: 1996(1)ALD(Cri)641; 1995(1)ALT(Cri)523; 1996(2)ALT(Cri)294; 1996CriLJ4031
1. This appeal is filed against the judgment and sentence passed in C.C. No. 31 of 1989 on the file of Special Judge for A.C.B. Cases, Visakhapatnam. The brief facts of the case are as follows :- A-1 was working as Additional Assistant Engineer in A.P.S.E.B Achuthapuram in Visakhapatnam District, A-2 worked as helper. He died during the trial. The allegation is that A-1 demanded and accepted Rs. 300/- as illegal gratification from PW-1 when PW-1 made application for electricity supply to his 3 H.P. Motor, one month prior to 16-8-1988. PW-1 gave report to A.C.B. Valtair at about 3.50 p.m., on 17-9-1988. The A.C.B. party laid a trap after following the procedure laid down in the Prevention of Corruption Act. After giving the amount of Rs. 300/- to the accused, PW-1 gave signal as indicated. Thereupon, the A.C.B. party went and caught hold of A-1 and A-2. The colour test was conducted and it proved to be positive. After investigation, charge sheet was filed. 2. The lower Court framed char...
Padigi Narasimha Vs. State
Court: Andhra Pradesh
Decided on: Mar-06-1996
Reported in: 1996(2)ALD585; 1996(1)ALD(Cri)555; 1996CriLJ2997
1. The appellant is the accused in Sessions Case No. 497 of 1991 on the file of Assistant Sessions Judge, Hyderabad and having been convicted for the offences punishable under Sections 450 and 376 I.P.C. and sentenced to undergo R.I. for ten years on each count and also to pay a fine of Rs. 1,000/- on each count, in default to suffer S.I. for six months on each count, he has come up with this appeal. 2. The accused was prosecuted by Bahadurpura Police for the said offences. He pleaded not guilty to the charges. Therefore, a trial was afforded. The prosecution examined as many as 12 witnesses as per P.Ws. 1 to 12 respectively and got marked 14 documents as per Exs. P-1 to P-14 respectively and four material objects as per M.Os. 1 to 4 respectively. After examining the accused under Section 313 Cr.P.C. he was called upon to enter defence. He did not produce any defence witness. 3. After hearing both sides and with the material before her, the learned Asst. Sessions Judge came to the conc...
Changala Jaya Sankara Rao Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Mar-06-1996
Reported in: 1996(1)ALD(Cri)507; 1996(1)ALT(Cri)560; II(1996)DMC625
K.B. Siddappa, J.1. These appeals are filed against the judgment passed in Sessions Case No. 51 of 1991 on the file of the Addl. Metropolitan Sessions Judge, Visakhapatnam. Criminal Appeal No. 311 of 1993 is filed by the accused and Crl. Appeal No. 357 of 1993 is filed by the State.2. The following are the brief facts :The charge-sheet is laid by the Assistant Commissioner of Police, Law and Order, South Visakhapatnam in Cr. No. 4 of 1991 of Gopalapatnam Police Station under Section 304B, I.P.C. The accused/appellant is the husband of one Venkatalakshmi who died in 21.1.1991. Their marriage was per- formed in February, 1989 and they were blessed with a son. On 17.1.1991 PW 14 Head Constable of Gopalapatnam Law and Order P.S. received a phone intimation from PW 13 Head Constable of I Town Police Station that the accused got admitted the deceased with burn injuries in casualty ward of K.G. Hospital stating that the deceased sustained burn injuries while cooking. Thereupon PW 14 went to t...
Mumtaz Begum Vs. Ahmed Khan
Court: Andhra Pradesh
Decided on: Mar-06-1996
Reported in: I(1998)DMC458
S.V. Maruthi, J.1. The plaintiff is the appellant. The appeal arises out of a Suit O.S. No. 19 of 1982 filed by the plaintiff for a decree against the person and properties of the defendants and to direct the defendants 1 to 3 to pay the value of the suit schedule Zaheb articles Chadava or return the same articles as detailed in the suit schedule including the return of the Scooter 150 Bajaj bearing No. ATX 8325 or its value prevailing in the market i.e. Rs. 15,000/- and to direct the defendants 1 to 3 to pay the Mehar amount of Rs. 5,500/- and two Dinar-E-Surque or its equivalent value of two tulas pure gold at Rs. 1,950/- per tula and for awarding costs with interest @ 12% per annum.2. The averments made in the plaint in brief are as follows: The plaintiff and the 1st defendant were married on 19.11.1978 as per Muslim Personal Law at Kothagudem. Defendants 2 and 3 are the father and mother of defendant No. 1. The Mehar of the plaintiff was fixed at Rs. 5,500/- with two Dinar Surque (...
Dandamudi Chakradhararao and anr. Vs. Pidikiti Koteswararao and anr.
Court: Andhra Pradesh
Decided on: Mar-06-1996
Reported in: 1996(3)ALT34
ORDERAvinash Somakant Bhate, J.1. This revision challenges the order passed in A.S.No. 150 of 1982 by the District Judge, West Godavari at Eluru.2. The petitioners before this Court are respondents 2 and 3 in the Insolvency petition which was filed by respondent No.1 in this revision. Respondent No. 2 in this revision was originally the respondent No. 1 in the original petition. Parties shall be referred to as per their status shown in the original petition.3. The petitioner Koteswara Rao had filed Insolvency Petition in the Court of Subordinate Judge, Eluru against respondent No. 1 Satyanarayana. The said petition was Under Section 9 of the provincial Insolvency Act hereafter referred to as 'Insolvency Act'- In the said petition it was contended that Respondent No.1 borrowed a sum of Rs. 6,000/- by executing a pronote on 26-03-1974 for expenses of the marriage of his daughter. He agreed to repay the amount with interest at 12% p.a. It is alleged that on 5-3-1977 a part payment of Rs. ...
Mumtaz Begum Vs. Ahmed Khan and ors.
Court: Andhra Pradesh
Decided on: Mar-06-1996
Reported in: 1996(3)ALT586
S.V. Maruthi, J.1. The plaintiff is the appellant. The appeal arises out of a suit O.S.No. 19 of l982 filed by the plaintiff for a decree against the person and properties of the defendants and to direct the defendants 1 to 3 to pay the value of the suit schedule Zahez articles Chadava or return the same articles as detailed in the suit schedule including the return of the Scooter 150 Bajaj bearing No. ATX 8325 or its value prevailing in the market i.e. Rs. 15,000/- and to direct the defendants 1 to 3 to pay the Mehar amount of Rs. 5,500/- and two Dinar-E-Surque or its equivalent value of two tulas pure gold at Rs.1,950/- per tula and for awarding costs with interest at 12% per annum.2. The averments made in the plaint in brief are as follows: The plaintiff and the 1st defendant were married on 19-11-1978 as per Muslim personal law at Kothagudem. Defendants 2 and 3 are the father and mother of defendant No. 1. The mehar of the plaintiff was fixed at Rs. 5,500/- with two Dinar Surque (1...
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