Andhra Pradesh Court April 1996 Judgments
Dr. Y. Sivaji Vs. the Chief Election Commissioner, New Delhi and Other ...
Court: Andhra Pradesh
Decided on: Apr-30-1996
Reported in: AIR1996AP336; 1996(2)ALT824
ORDERP.S. Misra, C.J. 1. A letter by Dr. Y. Sivaji, a former Member of Parliament and Chairman, Action Committee of Cotton Growers, Guntur District of the State, is treated as a petition under Art. 226 of the Constitution of India, for, as noted by us in our order, dated 17-4-1996, it has brought to the notice of the Court an incident that no constitutional authority will ever think ofhappening as a consequence of its orders or directions. The allegation that Dr. Y. Sivaji has made against the Election Commission and the Union of India in short is that three cotton growers - Mr. Madisetty Kondanda-ramaiah in Guntur District, Mr. Naraeappa in Karimnagar District and Mr. Gali Komaraiah in Nalgonda District of the State have committed suicide and it is apprehended that if the Court does not intervene immediately, large scale suicides amongst the cotton growers in the State may take place as it happened during the years 1986 and 1988 in the District of Guntur and Prakasam. It is stated whi...
Tag this Judgment!N. Venkata Sivaram Prasad Vs. Rajeswari Constructions
Court: Andhra Pradesh
Decided on: Apr-26-1996
Reported in: 1996(2)ALD(Cri)97; 1996(2)ALT(Cri)36; [1998]94CompCas296(AP); 1996CriLJ3409
G. Bikshapathy, J. 1. The matter has been referred to the Division Bench at the instance of our learned brother K. S. Srivastav, J. The case arose under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881. The issue that is referred is as follows : 'Whether the Court can proceed with the case if it comes to its knowledge that the offence is committed during the pendency of the premature complaint.' 2. A few facts are necessary for proper appreciation of the case. The appellant is the complainant and the accused is the respondent in C.C. No. 108/91 on the file of II Additional Munsif Magistrate, Chirala. The respondent issued a cheque for Rs. 18,000/dated 30-4-1991 in favour of the appellant. The said cheque was dishonoured by the bank on 7-5-1991 and the same came to the knowledge of the appellant on 13-5-1991. The appellant, thereafter issued notice on 25-5-1991 through registered notice requiring the respondent to arrange payment. The said notice was returned to...
Tag this Judgment!Nallam Veera Satyanandam and ors. Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Apr-26-1996
Reported in: 1996(2)ALD(Cri)115; 1996(2)ALT(Cri)191; 1996CriLJ4034; II(1997)DMC23
1. This appeal is directed against the judgment of conviction and sentence passed by the Sessions Judge, Rajahmundry, in SC 198/93 dated 30-3-1994, whereby the trial Judge has convicted the appellants under Ss. 304B and 498A of the Indian Penal Code. He has sentenced each of them to suffer rigorous imprisonment for a period of seven years under S. 304B and rigorous imprisonment for a period of two years under S. 498A of the Indian Penal Code. 2. The 1st appellant is the son of the remaining appellants. The 1st appellant was married to his niece, Aruna Kumari, who was his sister's daughter. PW-1 is the father while PW-2 is the mother of the deceased, Aruna Kumari. The marriage between the deceased Aruna Kumari and the 1st appellant took place on 18-5-1990. On 12-7-1992, Aruna Kumari at about 3 p.m. suffered burn injuries and succumbed to those injuries on the same day in the hospital at 7.30 p.m. 3. The case of the prosecution, in brief, is that, on demand, PW-1 paid an amount of Rs. 5,...
Tag this Judgment!Syeda Shahazore Vs. the Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Apr-26-1996
Reported in: 1996(3)ALD667; 1996(2)ALD(Cri)384; 1996(3)ALT1052; 1996CriLJ4416
Lingaraja Rath, J.1. In this appeal, the order of the learned single Judge upholding the order passed by the State Government in dismissing the appeal of the appellant husband against the externment order passed by respondent No. 2-Commissioner of Police, Hyderabad, is assailed. The order of externment was passed by respondent No. 2 under the Hyderabad City Police Act, 1348 Fasli. The appellant's husband preferred an appeal to the Government on 29-12-1995 raising several grounds - that he was falsely and unreasonably implicated in criminal cases of which he has been acquitted, there was no single case pending against him in any Court and that all the cases booked against him were for the period preceding 1989. He also stated that he belongs to business family, he is an income-tax payee and he himself is a businessman. It was thus his case that there are no grounds for his externment and he also denied the notice from respondent No. 2 to have been received by him. 2. Orders passed by th...
Tag this Judgment!P. Ch. Jogi Raju Vs. the State Bank of India, Rep. by Its Managing Dir ...
Court: Andhra Pradesh
Decided on: Apr-26-1996
Reported in: 1996(3)ALT166
ORDERG. Bikshapathy, J.1. To retire peacefully or to continue reluctantly is the predicament of the petitioner. As the three Writ Petitions are inter-related, they are decided under common order.2. The facts are in short compass. In W.P.No. 23990/95 the petitioner is seeking writ of Mandamus declaring the action of the respondents in not retiring him from 31-1-1990 or alternatively from 1-5-1990 as illegal and arbitrary and for consequential reliefs.3. The petitioner joined the State Bank of India (SBI) as Cashier on 7-2-1958. Subsequently, he was promoted to the Officer cadre with effect from 15-4-1972. On 31-1-1990 he submitted application seeking voluntary retirement in accordance with Regulation 19 of the State Bank of India Officers (Determination and Terms and Conditions of Service) Order, 1979, hereinafter called the Service Regulations for brevity. At the relevant time the petitioner was in the grade of Middle Management Grade-II attached to Region II, Zonal Office, Hyderabad. ...
Tag this Judgment!Government of A.P., Rep. by Its Secretary, Revenue Department Vs. Naga ...
Court: Andhra Pradesh
Decided on: Apr-26-1996
Reported in: 1996(3)ALT352
Y. Bhaskar Rao, J. 1. Aggrieved by the order dated 30-7-1993 passed by the single Judge in Writ Petition Nos. 11296 and 10357 of 1990, Writ Appeal Nos. 1532 and 1533 of 1995 are filed by the Government and Writ Appeal Nos. 1383 and 1384 of 1993 are filed by the claimants. 2.Writ Petition No. 11296 of l990 is filed by the Government questioning the award of the Land Acquisition Officer in granting interest at the rate of 6% per annum from 29-6-1979 to 29-4-1982 and at the rate of 15% per annum from 30-4-1982 to 2-4-1990. Writ Petition No. 10357 of 1990 is filed by the claimants to declare that they are entitled to interest at the rate of 9% per annum for one year and 15% per annum from 29-6-1989 to 29-4-1992 and additional market value at the rate of 12% per annum on the compensation awarded. 3. The facts of the case are that the lands measuring Ac. 10-04 1/8 guntas in S.Nos. 174, 177, 181, 191 to 193, 195 to 198, 326 and 334 of Desaipet Village and 0-19 1/2 guntas in S.No. 412 of Palav...
Tag this Judgment!Ranjana Granites (P) Ltd., Rep. by Its Managing Director, Sri A. Venka ...
Court: Andhra Pradesh
Decided on: Apr-26-1996
Reported in: 1996(3)ALT121
Y. Bhaskar Rao, J.1. This batch of writ petitions is filed seeking issuance of a Mandamus declaring the Note to Rule 12(5)(e) and Rules 12(5)(f)(i) and (f)(ii) of the Andhra Pradesh Minor Mineral Concession Rules, 1966, as ultra vires the Mines and Minerals (Regulation and Development) Act, 1957 and the provisions in Part XIII of the Constitution of India.2. The petitioners are quarry lease-holders of black granite and coloured granite in the State of Andhra Pradesh. The order granting the lease stated that the grantee should abide by the Andhra Pradesh Minor Mineral Concession Rules, 1966 (hereinafter referred to as 'the Rules').3. The petitioners aggrieved of the conditions envisaged in the impugned Rules, namely, establishment of a granite cutting and polishing unit within the State itself, interfering with the free trade in granite even after its extraction, and imposing penal rate (double the rate) of seigniorage in regard to granite exported through harbours, other than in the St...
Tag this Judgment!Habeeb Khan and Others Vs. Valasula Devi and Others
Court: Andhra Pradesh
Decided on: Apr-25-1996
Reported in: AIR1997AP53
1. The defendants in OS No. 24/84 on the file of the Additional District Judge, Adilabad, are the appellants in this appeal. A preliminary decree for redemption of anomalous mortgage of a double storeyed building bearing No. 4-3-3 (old) and 3-7-68 (new) situated in Adilabad (hereinafter called as 'Amba Bhavan') and the adjoining plot as also a decree for cancellation of the decree passed in OS No. 49/78 have been passed against them.2. This appeal shall govern also the disposal of the appeal AS 2702/89 arising out of OS 11/84 and the appeal AS 2703/89 arising out of OS 5/89 because all the three suits have been disposed by the common judgment passed by the Additional District Judge, Adilabad. In OS No. 5/89, suit of the 2nd defendant for permanent injunction has been dismissed and in OS No. 11/89, suit of the 3rd defendant for specific performance of the contract of the upper storey of Amba Bhavan has been dismissed.3. It is an admitted fact that one K. Ramankutty alias Lingam is the h...
Tag this Judgment!Andrew Werner Vs. Union of India, Through the Secretary, Government of ...
Court: Andhra Pradesh
Decided on: Apr-25-1996
Reported in: 1996(2)ALD(Cri)883; 1997(1)ALD(Cri)163; 1996(4)ALT9; 1997(1)ALT(Cri)227; 1996CriLJ4178
M.N. Rao, J.1. An order of detention made on 23-12-1995 by the specially empowered officer viz., the Secretary to Government (Political), General Administration Department, Government of Andhra Pradesh in No. 2367/1, L & O-II/95-01, under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short the COFEPOSA Act) read with G.O. Ms. No. 621, General Administration (General A) Department, dated 15-11-1990., detaining one Lackner Warner, son of Oto Lackner under Section 3(1)(i) and (iii) of the above Act is questioned in this writ petition by way of Habeas Corpus by one Andrew Warner claiming to be a friend of the detenu. 2. On 30-11-1995, the detenue was arrested by the officers of the Directorate of Revenue Intelligence at the Begumpet Airport, Hyderabad when he landed at the Airport having travelled by Flight I.C. 592 from Muscut and 66 gold biscuits were seized from his possession. There was another woman passenger by name Ms. Ute...
Tag this Judgment!Haseen Banu Vs. Syed Habeeb SayeeduddIn and ors.
Court: Andhra Pradesh
Decided on: Apr-25-1996
Reported in: 1996(3)ALT257
S. Dasaradha Rama Reddy, J.1. These two appeals are connected and hence are disposed of by a common judgment. The main case is LP. A.No. 156 of 1991 filed against C.C.C.A.No. 120 of 1980 confirming me decree in O.S.No. 233 of 1974. The parties are referred as arrayed in O.S.No. 233 of 1974.2. The partners of the firm Rehnuma-e-Deccan filed suit against the appellant who is the first defendant and her husband, second defendant stating as follows:- The partners of the firm approached the defendants for loan of Rs. 20,000/-. The defendants carry on money lending business without any licence under the Hyderabad Money Lenders Act. The second defendant who looks after the affairs of the first defendant agreed to advance loan of Rs. 20,000/- with interest at 18% per annum on the condition that the plaintiffs must secure immovable property. They accordingly executed a sale deed dated 27-6-1961 in favour of defendant No. 1, who executed an agreement of reconveyance on the same day in favour of ...
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