Andhra Pradesh Court January 1997 Judgments
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M. Sadasiva Narayana Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Jan-31-1997
Reported in: 1997(1)ALD(Cri)651; 1997(1)ALT(Cri)797
Y.V. Narayana, J. 1. This criminal petition is filed under Section 482, Cr.P.C. praying to quash the proceedings in C.C. No. 59/1991 on the file of the Court of V. Additional Munsiff Magistrate Guntur. 2. The petitioner herein is the 1st accused in C.C. No. 59/1991. His father was shown as 2nd accused, but since he died during the pendency of the criminal case, case against the 2nd accused was abated on 11-3-1996. 3. The facts of the case are that basing upon a complaint given by the wife of the petitioner-accused viz., Naga Padmavathi on 3-1-1991, the Station House Officer, Pattabhipuram, Guntur, filed charge-sheet against the accused in Cr. No. 2/1991 for the offences under Sections 498A, 379 and 323 of the Indian Penal Code. It is alleged in the charge-sheet that the petitioner married the said Nagapadmavathi about nine years back as per caste custom and at the time of marriage, the parents of Nagapadmavathi presented cash of Rs. 50,000/- and also about 30 sovereigns of gold ornamen...
Meka Kondaiah Vs. State of Andhra Pradesh, Rep. by Its Secretary, Endo ...
Court: Andhra Pradesh
Decided on: Jan-31-1997
Reported in: 1997(4)ALT618
ORDERKrishna Saran Shrivastav, J.1. In this writ petition, under Article 226 of the Constitution of India, the petitioner seeks issuance of a writ of Certiorari for requisitioning and quashing the order of the Government in G.O.Ms.No. 593, Revenue (Endowments-IV) Department, dated 15-6-1989.2. The 4th respondent-temple is the owner of Ac.11.56 cts. of land in R.S.No. 163 of Satyavada village. On the southern edge of this land, Harijanawada is situated. The 4th respondent divided this Ac. 11.56 cts. of land into six bits admeasuring Ac. 1.98 cts., Ac.1.68 cts., Ac. 1.90 cts., Ac.2.10 cts.. Ac. 1.90 cts. and Ac. 1.92 cts. Excluding, inter alia, Ac.1.90 cts. of land in R.S. No. 163 of Satyavada village (hereinafter referred to as 'the disputed land'), the Revenue (Endowment-IV) Department, Government of Andhra Pradesh, that is the first respondent, Vide G.O.Ms.No. 593, dated 15-6-1989, at the instance of the Commissioner, Endowments Department, that is the second respondent, permitted it ...
T. Narasinga Rao Vs. District Collector and ors.
Court: Andhra Pradesh
Decided on: Jan-31-1997
Reported in: 1997(3)ALT224
ORDERN.Y. Hanumanthappa, J.1. The petitioner has filed this writ petition seeking a writ, order or direction, declaring the order of respondent No. 2 in his proceedings No. D1/4436/92 dated 18-1-94, as illegal, unjust and violative of principles of natural justice, and further to direct respondent Nos. 1 and 2 to conduct inspection of the land in question and then cancel the pattas granted in favour of respondent No. 3-Association in Sy. No. 908 of Kukatpall village, if it is proved that the land in question is a tank bed land and overlapping Sy. No. 80 of Moosapet Village, Balanagar Mandal, Ranga Reddy District.2. The case of the petitioner is that he is a resident of Moosapet Village and owns agricultural land under the ayacut known as 'Kamuni Cheruvu' situated in Survey No. 80 of Moosapet village. Like him, there are about 100 other small farmers owning lands in Sy. No. 80 of Moosapet village, under the said ayacut and raising two paddy crops in a year. One Krishna Murthy and one Ko...
Siddaiah and anr. Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Jan-30-1997
Reported in: 1997(2)ALT99; 1997CriLJ2599
P.S. Mishra, C.J.1. Two advocates on the rolls of the Andhra Pradesh State Bar Council have invoked this Court's jurisdiction under Article 226 of the Constitution of India for an appropriate writ, order or direction, including declaration that the action of the respondents herein in detaining the petitioners on 30-10-1996 at Itarsi in the State of Madhya Pradesh and for compensation for the injury and hardship caused to them on account of the said illegal detention. 2. Facts which appear to us relevant for the issues involved in the instant proceeding are as follows :- Petitioners reached Itarsi at about 10 p.m. in the late evening on 29-10-1996 by A.P. Express from Secunderabad to attend a case on behalf of the Srikant Jalagam (Criminal Case No. 183 of 1995). On 30-10-1996, they attended the Court, on which date the Court by its judgment, in the said case, acquitted Srikant Jalagam of all the charges levelled against him. Petitioners, as desired by Srikant Jalagam, intended to see hi...
Ramaswamy Vs. the Government of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Jan-30-1997
Reported in: 1997(1)ALT(Cri)928; 1997CriLJ3256
Syed Shah Mohammed Quadri, J.1. The short question that arises for consideration in this writ petition is whether the requirement of giving an opportunity to show cause, contemplated in Rule 973 of the Andhra Pradesh Prisons Rules, 1979 (for short 'the Prison Rules') can be deemed to have been complied with by affording an oral opportunity. 2. The petitioner is the prisoner (convict No. 9328, Central Prison, Warangal). He was sentenced to life imprisonment. Accordingly he was sent to jail on September 26, 1984. He would complete that sentence on September 25, 2004. However, in view of the orders of the Government issued in G.O.Ms. No. 3 (Home (P) Department) dated 17-1-1995 and G.O.Ms. No. 4 (Home (P) Department) dated 17-1-1995, the petitioner was entitled to be released, if as on January 14, 1995 he had undergone ten (10) years of imprisonment after granting remission. The petitioner claimed, that he had complied with the requirements of the Government Orders and sought a direction t...
Sanampudi Krishna Reddy Vs. Pallam Reddy Kota Reddy (Died) and anr.
Court: Andhra Pradesh
Decided on: Jan-30-1997
Reported in: 1997(2)ALT455
ORDERR.M. Bapat, J.1. The petitioner herein was the original defendant. The respondent herein was the plaintiff in the suit O.S. No. 101/80 instituted by him which was pending on the file of the District Munsif, Gudur, Nellore district. The plaintiff filed the suit against the defendant for delivery of possession. On evidence, the learned Judge decreed the suit against the plaintiff, (sin. defendent) Aggrieved by the said order, the defendant filed an appeal before the Sub-Court, Gudur by filing A.S. No. 8/83. On hearing the matter on merit, the learned Sub-Judge remanded the matter to the Court of District Munsif directing him to frame an additional issue of title wherein the plaintiff was given an opportunity to lead the evidence on the point of title in respect of the suit schedule property. Thereupon, the petitioner herein who was the defendant in O.S.No. 101/80 filed I.A. No. 368/96 requesting the Court to allow him to amend the written statement as the scope of the suit filed by ...
A.P. High Court Junior Officers Association, Rep. by Its President, Sy ...
Court: Andhra Pradesh
Decided on: Jan-30-1997
Reported in: 1997(1)ALT524
ORDERN.Y. Hanumanthappa, J.1. The identical question involved in all the three writ petition is: Whether Section Officers, Scrutiny Officers and Court Officers as also Court Masters and Personal Secretaries to the Hon'ble Judges in the High Court and Section Officers in the Lokayukta are entitled for special pay of Rs. 175/- per month on par with Section Officers of A.P. State Secretariat, Legislature and Raj Bhavan Secretariat Hence all these petitions are clubbed and disposed of by a common order.2. A few facts which are necessary to dispose of these petitions are as follows: The petitioners in Writ Petition No. 21308 of 1994 are working as Section Officers, Scrutiny Officers and Court Officers in the High Court whereas the petitioners in Writ Petition No. 21362 of 1994 are working as Court Masters and Personal Secretaries to the Hon'ble Judges. The petitioners in Writ Petition No. 2552 of 1996 are working as Section Officers in Lokayukta. The conditions relating to payment of salary...
Shaik Sattar Saheb and ors. Vs. M. Banu Bee and ors.
Court: Andhra Pradesh
Decided on: Jan-30-1997
Reported in: 1997(3)ALT65
ORDERSyed Saadatulla Hussaini, J.1. Heard both the Counsel.2. The petitioner is the 2nd defendant in the suit which is filed for declaration of title and possession in respect of House property. The plaintiff has filed an application for appointment of Advocate-Commissioner to examine the Hand-Writing Expert as a witness who had earlier examined the disputed document and given his expert opinion (report) about the document.3. It is submitted before me that the Court of Principal District Munsif is situated at Ananthapur and the Hand-Writing Expert who has to be examined as a witness, resides at Bangalore, Karnataka State. Though an objection was raised for appointment of Advocate-Commissioner by the petitioner-2nd defendant the Lower Court on consideration of facts has ordered for the appointment of Advocate-Commissioner to examine the Hand-Writing Expert at Bangalore, Karnataka State.4. Aggrieved by the said order of the Lower Court, dated 25-9-1995 passed in LA. 1380 of 1995 in O.S.9...
Anjuman-e-islamiah, Kurnool Vs. State of Andhra Pradesh and Others
Court: Andhra Pradesh
Decided on: Jan-29-1997
Reported in: AIR1997AP164
ORDER1. Anjuman-e-Isiamiah, Kurnool, represented by its Joint Secretary Sri G. Abdus Salam, correspondent of Dr. Abdul Haq Unani Medical College, Kurnool, has filed this writ petition questioning the proceedings dated 9-3-1993 of the Commissioner Indian Medicine and Homoeopathy Department, Government of Andhra Pradesh, Hyderabad, the second respondent herein, rejecting the application of the petitioner for recognition of Dr. Abdul Haq Unani Medical College, Kurnool, run by the petitioner as a minority educational institution. Originally by proceedings dated 17-1-1992, the second respondent rejected the application of the petitioner on the ground that as the institution is receiving substantial grant-in-aid from the Government, it is considered not appropriate to recognise it as minority institution. Questioning the said order, the petitioner filed W.P. No. 13809 of 1992 which was disposed of by this court on 30-1-1993 directing the second respondent to take a decision afresh based on t...
G. Yadaiah and ors. Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Jan-29-1997
Reported in: 1997(1)ALD(Cri)328
ORDER1. I am not inclined to allow this petition for release of the petitioners on bail. 2. The learned Additional Sessions Judge at Mahabubnagar by his order dated 30-12-1996 dismissed a similar petition for bail in Crl. M.P. No. 1407 of 1997 observing that 'the petitioners were found in possession of 700 grams of Diazepam and also Chloral Hydrate'. I am of the same view. The petition is, therefore, dismissed. However, in view of the letter of the Superintendent, District Jail, Mahabubnagar dated 24-1-1997 addressed to the learned Additional Sessions Judge at Mahabubnagar, I make it clear that it will be open to the 1st petitioner to move for bail afresh before the Sessions Court concerned. 3. Before closing I have to deal with certain unfortunate and unpalatable aspects brought out in the hearing of this matter. 4. When this petition came before me on 17-1-1997 it was noticed that a typed copy of remand report was filed without the matter 'written on the overleaf giving the particula...
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