Andhra Pradesh Court April 1996 Judgments
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Karanam Bala Rama Krishna Murthy Vs. Gottipati Hanumantha Rao, Ministe ...
Court: Andhra Pradesh
Decided on: Apr-15-1996
Reported in: 1996(2)ALT799
Prabha Shanker Mishra, C.J., 1. Petitioner-Karanam Balarama Krishna Murthy, a resident of Ongole in Prakasam District has moved this Court for a writ in the nature of quo-warranto in W.P.No. 28615/95 and W.P.No. 28622/95 on the ground that the 1st respondent-Gottipati Hanumanta Raohas incurred disqualification under the Tenth Schedule of the Constitution of India to be a Member of Andhra Pradesh Legislative Assembly as well as on the ground that his antecedents and blemished record of crime and violence are such that he is unfit to discharge his constitutional duties as a Member of the Legislative Assembly and a Minister in the Cabinet of Sri Chandrababu Naidu, the Chief Minister of the State. He has invoked this Court's jurisdiction under Article 226 of the Constitution for, according to him, although Sri Hanumantha Rao joining Telugu Desam Party after his having been elected as an independent candidate during 1994 elections, Speaker of the Assembly has not taken any proceedings and d...
Billa Manemma Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Apr-12-1996
Reported in: 1996(2)ALD677; 1996(1)ALD(Cri)590; 1996CriLJ3404
ORDER1. The petitioner is the mother of Billa Komalreddy (hereinafter referred to as 'the alleged detenu'). She complains that the alleged detenu was taken by police from her house in the intervening night of March 22-23 at about 4.30 a.m. On enquiries she learnt that the alleged detenu was in Guntur II Town Police Station (Kothapeta). She sent her other son to the Police Station, but he was not permitted to see the alleged detenu. When she herself went to the Police Station she was told by the Station House Officer of the Police Station, the 3rd respondent herein, that the alleged detenu was taken away by the CID Anti Dacoity Cell, Hyderabad, on 4-4-1995. She went to Hyderabad and could see her son on 14-4-1995. She alleges that her son was kept in illegal detenu was arrested on 23-5-1995 he was produced before the VII Addl. Munsif Magistrate, Guntur on 23-5-1995. The learned Magistrate remanded him to judicial custody. She moved an application for bail on May 28, 1995 in Cr. No. 1/92...
Duvasi Ramulu Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Apr-12-1996
Reported in: 1996(1)ALD(Cri)627; 1996(1)ALT(Cri)695; 1996CriLJ4021
V. Bhaskara Rao, J. 1. This is an appeal arising from the judgment of the learned Additional Sessions Judge, Ranga Reddy District, in S.C. No. 161/1991, dated 8-7-1993, convicting the appellant under Section 302 of Indian Penal Code and sentencing him to undergo imprisonment for life. 2. The prosecution case is that the accused is the eldest son of the victims viz., Maisaiah and Chennamma while P.W. 1 is their third son and Pochiah is second son and Shankariah and Jangiah are younger sons. The accused and Pochiah were already married and they were living separately. P.Ws. 1 and 2 younger brothers of P.W. 1 were living with their parents (victims) jointly. The accused has been demanding partition of the lands eversince the date of his marriage, but the deceased was reluctant as three of his younger sons were yet to be married. There were disputes in that connection. That is said to be the motive for the accused to administer poison in the todday bottles on, 15-1-1990, which happened to ...
State Vs. Regulagadda Anandarao and ors.
Court: Andhra Pradesh
Decided on: Apr-12-1996
Reported in: 1996(2)ALD(Cri)751; 1996(2)ALT(Cri)508; 1996CriLJ4503; II(1996)DMC460
1. This appeal is directed against the judgment of acquittal passed by the Assistant Sessions Judge, Bapatla in Sessions Case No. 224 of 1993 dated 24-6-1994, whereby the learned Judge has acquitted the respondents accused of the charges levelled against them under Sections 498-A and 307 of the Indian Penal Code. 2. It is no longer in dispute before me that the complainant PW-1 was married to A-1 on 30-7-1988 and A-2 is the mother of A-1. The complainant PW-1 is the daughter of PW-2 and sister of PW-7. 3. The case of the prosecution, in brief, is that PW-2 gave an amount of Rs. 10,000/- and three sovereigns of gold as dowry to A-1. He also gave 0.50 cents of land to PW-1 which is situated in Nizampatnam. PW-1 and A-1 lived happily for two years. A girl was born to them. Then A-1 was addicted to drinks and developed illicit intimacy with another woman and spent the cash and the gold and, thereafter, started asking PW-1 to sell the half acre of land. On her refusal to sell the land, he s...
Toddy Tappers Co-operative Society Vs. Prohibition and Excise Superint ...
Court: Andhra Pradesh
Decided on: Apr-12-1996
Reported in: 1996(2)ALT127
ORDERMotilal B. Naik, J.1. Petitioner seeks a mandamus declaring that Clause-4 of the Circular contemplating payment of annual rentals in 9 monthly instalments for the excise year 1995-96 is contrary to Rule 28 of the A.P. Excise (Arrack and Toddy Licences General Conditions) Rules, 1969 and Rule 18(3) of the A.P. Excise (Lease of Right to sell Liquor in Retail) Rules, 1969 and further seeks a direction to the respondent to accept the payment of annual rentals in 12 monthly instalments for the excise year 1995-96 which period commenced from first October, 1995 to 30-9-1996.2. Petitioner-a Toddy Tappers Co-operative Society has filed this writ petition assailing the legality of clause 4 of the circular issued by the second respondent for the excise year 1995-96 contemplating payment of annual rentals in 9 monthly instalments instead of 12 monthly instalments as provided in the above said rules.3. It is stated that the Excise Year 1995-96 commenced from 1st October, 1995 and comes to an ...
Boddapati Venkatramaiah (A.1) and ors. Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Apr-11-1996
Reported in: 1996(1)ALD(Cri)576; 1996(1)ALT(Cri)676; 1996CriLJ3749
N.Y. Hanumanthappa, J.1. These appeals are directed against the judgment passed by the learned Sessions Judge, Guntur in S.C. No. 209 of 1991 dated 18-5-1995. Criminal. Appeal No. 336 of 1995 is filed by the accused Nos. 1 to 3, 5 to 13, 15 to 19, 26 and 38; and Criminal Appeal No. 337 of 1995 is filed by A. 14, A.20 and A.35. During the pendency of the trial, A.36 and A.41 died. Before the Sessions Court, A.1 to A.44 were tried for various offences, the details of which are shown hereunder : The accusation made against the accused is that on 24-4-1990 at 6.00 p.m., all the accused armed with axes, bombs, spears, sticks and stones caused the death of one Yadla Siva Ramiah near the house of Malladi Nageswara Rao and during the course of same transaction caused injuries to Peruboyina Venkataswami (P.W. 1) and Peruboyina Srinivasa Rao (P.W. 2). 2. The story of the prosecution reads as follows : All the accused and P.Ws. 1 to 7 are residents of Ikkurru village, situated in the local limits...
M.T. Khan Vs. the Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Apr-11-1996
Reported in: 1996(4)ALD346; 1996(2)ALT97; 1997CriLJ1962
M.N. Rao, J.1. These two writ petitions have been filed by Sri M. T. Khan, President of the Andhra Pradesh Civil Liberties Committee on behalf of two convicts contending that their continued incarceration is illegal and arbitrary. W.P. No. 20018 of 1995 relates to convict S. Appala Swamy (CT No. 8103) who was convicted for the offence under Section 302, I.P.C. and sentenced to undergo imprisonment for life by the Sessions Judge, Bastar at Jagdalpur (Madhya Pradesh) in S.T. No. 238 of 1986. While he was serving the life sentence at the District Jail, First Class, Jagdalpur, he was transferred to the Visakhapatnam Jail in Andhra Pradesh on 29-1-1991. Before his transfer to the Visakhapatnam Jail, he was in Bastar jail from 5-3-1986 as a remand prisoner. As per the counter-affidavit, he served, as on 22-9-1995, a total sentence of 11 years 6 months and 6 days as detailed below : 'Actual sentence 7 y 7 m 7 d undergone Remand period from 5-3-1986 to 14-2-1988 1 y 11 m 17 d Remission earned...
Mahendra Kumar Vs. Real Feb. Autonagar
Court: Andhra Pradesh
Decided on: Apr-10-1996
Reported in: II(1998)ACC457; 1998ACJ232; [1997(75)FLR658]; (1998)IIILLJ1018AP
ORDERS. Parvatha Rao, J. 1. The Letters Patent Appeal is preferred questioning the order of the learned single Judge dated March 13, 1992 in C.M.P. Nos. 4553 and 6078 of 1991 making absolute the interim stay granted on April 2, 1991 in C.M.P. No. 4553 of 1991 in C.M.A. No. 464 of 1991 with certain modifications by directing the appellant in the C. M.A. to deposit 50% of the compensation before the competent authority, i.e. the Commissioner of Workmen's Compensation, within two weeks and making it clear that in the event of appellant failing to deposit the said amount, the interim stay would stand vacated and also that on such deposit being made, the workman, i.e. the second respondent in the C.M.A., would be at liberty to withdraw the same without furnishing security. From this, it is obvious that C.M.A. No. 464 of 1991 has been preferred by the employer without complying with the requirements of the third proviso to Sub-section (1) of Section 30 of the Workmen's Compensation Act, 1923...
New India Assurance Co. Ltd., Rep. by Its Divisional Manager Vs. Kesav ...
Court: Andhra Pradesh
Decided on: Apr-10-1996
Reported in: 1997(2)ALT415
ORDERRamesh Madhav Bapat, J.1. This is an appeal by the original defendant who was aggrieved by the judgment and decree passed in favour of the respondent-plaintiff in O.S, No. 7 of 1983 by the Subordinate Judge, Srikakulam.2. It appears from the record that the plaintiff had filed a suit for recovery of damages caused to his matador van claiming a compensation of Rs. 75,000/- from the defendant. It was the case of the plaintiff that he was the owner of the matador van APS 4270 having purchased the same for Rs. 75,000/- by taking loan from the State Bank of India.3. It was the further case of the plaintiff that the said vehicle was insured with the defendant company under the comprehensive policy No. 424730044 for a period of one year i.e., from 4-11-1979 to 3-11-1980. The plaintiff obtained a contract carriage (Taxi Cab) permit No. PC.23/8/79 from the Regional Transport Authority, Srikakulam for the period from 2-12-1979 to 19-12-1982. The plaintiff claims to be an Ex-Service man.4. I...
The Jeypore Sugar Co. Ltd. Rep. by V.V.S. Sugars Vs. Pamerla Suryarao
Court: Andhra Pradesh
Decided on: Apr-10-1996
Reported in: 1996(2)ALT68
ORDERS.R. Nayak, J.1. The Court below decreed the suit ex parte on 17-8-1994. The revision petitioner-defendant filed I.A. No. 1171 of 1994 Under Order 9, Rule 13 of C.P.C. for setting aside the ex parte decree. The learned trial Judge has allowed the said LA. by the order under revision subject to the revision petitioner-defendant paying Rs. 10,000/ - (1/5 th of the suit amount) and costs of the decree quantified at Rs. 3,906.75 ps. to the respondent - plaintiff within one month from the date of the order. This revision petition is filed against the said order in so far as it directs payment of the aforementioned sums of money.2. The argument of the learned counsel for the revision petitioner is that the condition imposed on the defendant is quite onerous and the facts and circumstances of the case do not justify imposition of such condition as a condition to order the application. On the other hand, Mr. N.V. Suryanarayana Murthy, the learned counsel for the respondent - plaintiff, wo...
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