Andhra Pradesh Court November 1997 Judgments
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P. Bayamma Vs. Peteti Mariyadass and anr.
Court: Andhra Pradesh
Decided on: Nov-24-1997
Reported in: 1998(1)ALD(Cri)410; 1998(1)ALT(Cri)382; 1998(1)APLJ176; 1998CriLJ3247
ORDER1. In this application filed under S. 482, Cr.P.C., the petitioner-wife assails the revisional order dated 22-7-1997 passed by the II Addl. Sessions Judge, Guntur in Crl. Revision No. 50/96 setting aside the order passed in M.C. No. 2/95 on the file of the II Addl. Munsif Magistrate, Tenali granting monthly maintenance at Rs. 300/- to her. 2. The facts, in brief, are as follows : (i) The petitioner is the legally wedded wife of the 1st respondent herein (hereinafter referred as respondent). Their marriage was solemnised about 25 years ago. They begot 3 daughters after their wed-lock and they are Usha Rani (RW-2), Prameela (PW-4) and Srilatha RW-3). They performed their marriages and they are living with their husbands at Hyderabad. The petitioner filed M.C. No. 2/95 under S. 125, Cr.P.C. against her husband, the respondent herein seeking monthly maintenance at the rate of Rs. 500/-. The reasons alleged for her separate maintenance are : (1) The respondent used to beat her severel...
S. Tulasi Das Vs. Secretary to the President of India and ors.
Court: Andhra Pradesh
Decided on: Nov-24-1997
Reported in: 1998(2)ALD80; 1998(1)ALT76
ORDERP. Venkatarama Reddi, J.1. The petitioner who is a practicing advocate has filed this writ petition under Article 226 of the Constitution of India, purporting to be a public interest litigation. He seeks a writ to declare the proceedings relating to the appointment of the sixth respondent as the Governor of the State of A.P as unlawful, unconstitutional and contrary to the principles of democracy and public morality. He further seeks a consequential order to the first respondent to cancel the appointment.2. To what extent the parameters of judicial review could be legitimately extended to the appointments of high Constitutional Offices need not be gone into in this writ petition as we are of the view that the writ petition is liable to be dismissed summarily on a short ground. We find no sufficient material or basis before the court to come to even a prima facie conclusion that the appointment of the sixth respondent is tainted for reasons founded on democratic principles or publi...
Deputy Chief Controller of Imports and Exports Vs. I.T.C. Ltd.
Court: Andhra Pradesh
Decided on: Nov-24-1997
Reported in: 1998(102)ELT17(AP)
R. Bayapu Reddy, J. 1. These two writ appeals are filed by the same appellants against the common orders dated 16-3-1995 passed by the learned Single Judge in Writ Petitions Nos : 11849 of 1993 and 11848 of 1993 respectively. 2. The respondent in the present writ appeals, which is M/s. ITC Ltd., ILTD Division, is the petitioner and the appellants herein, who are (1) the Deputy Chief Controller of Imports and Exports, Hyderabad, (2) the Joint Chief Controller of Imports and Exports, Bangalore and (3) the Director General of Foreign Trade, New Delhi, are the respondents in the above said writ petitions. The writ petitions were filed for issue of writs to quash the proceedings of the Deputy Chief Controller of Imports and Exports, Hyderabad (first appellant herein) dated 9-2-1993 and 3-2-1993 and to direct the appellants herein to grant the Special REP Entitlement Certificate in terms of the applications made by him. The respondent in the present appeals, who is the petitioner in both the...
K. Ram Reddy Vs. State of A.P. and anr.
Court: Andhra Pradesh
Decided on: Nov-24-1997
Reported in: 1998(3)ALD305; 1998(1)ALD(Cri)437; 1998(1)ALT(Cri)486
1. All these Criminal Appeals are preferred under sub-section(1) of Section 341 of the Code f Criminal Procedure, 1973 ('the Code' for short) by the accused in Calendar Cases 1 to 18 and 20 to 29 of 1997 on the file of the learned Chief Judicial Magistrate at Karimnagar, taken on file on complaints under Section 340(1)(b) of the Code made by the Court of District and Sessions Judge at Karimnagar as complainant on the basis of orders made by that Court under Section 340(1) of the Code. After the C.Cs. were taken on file by the learned Chief Judicial Magistrate at Karimnagar, they were all (except C.C.No. 29) transferred to the Court of the Chief Metropolitan Magistrate at Hyderabad and they were re-numbered. For convenience, the Calendar Cases are referred to in this judgment as numbered originally on the file of the learned Chief Judicial Magistrate at Karimnagar. As the questions raised in these appeals are common, they were heard together and they are now being disposed of by this co...
T. Gangadhar Vs. Regional Manager, Apsrtc, Ongole and anr.
Court: Andhra Pradesh
Decided on: Nov-24-1997
Reported in: 1998(3)ALD602; 1998(2)ALT568
ORDER1. The appellant-petitioner sought a direction that his case for absorption be considered in terms of the orders of this Court in W.P-No. 11554 of 1996 dated 27-8-1996. On 3-4-1997, the learned single Judge dismissed the writ petition. That is the order which is assailed in this writ appeal.2. Mr. Prattipaiti Venkateshwarlu, the learned Counsel for the appellant-petitioner, submits that the other displaced employees were absorbed, but the appellant petitioner alone has been deprived of the claim of providing employment. A perusal of the order of the learned single Judge shows that the claim of the appellant-petitioner was considered to be a stale claim.3. The bus in which the petitioner-appellant is said to have worked as cleaner in A.P.N.4584; the route on which the said bus was plying was nationalised in the year 1985-86. The appellant-petitioner agitated his right to be absorbed in W.P.No.20863 of 1994 which was disposed of on 16-2-1995 with a direction to consider the applicat...
Kota Prabhakara Rao and ors. Vs. Kota Kanthamma and ors.
Court: Andhra Pradesh
Decided on: Nov-24-1997
Reported in: 1998(1)ALT233
B.K. Somasekhara, J.1. The Appellants are the defendants in O.S.No. 103 of 1981 on the file of the learned Subordinate Judge, Chirala. The respondents are the Legal Representatives of the plaintiff in the suit. The suit was filed for declaration of title and possession of the suit property, a site measuring an extent of 1520 Sq. ft. i.e., 3]/4 cts. out of 6 1/2 cts. of poramboke site in T.S.No. 33/4 situated at Chirala. The plaintiff claimed the suit property based on partition with his brothers by virtue of partition list dated 4-1-1969. He challenged that the defendants trespassed into the suit site by removing the thatched house and they also constructed a cattle shed there and they unauthorisedly put up two bunks on the eastern side of the property and rented them out to tenants and when they did not oblige to vacate the site, the suit was filed for the reliefs. The defendants denied the plaintiff's right or possession of the suit site muchless the dispossession as alleged and, on ...
P. Neelakanteswaramma and ors. Vs. Uppari Muthamma and ors.
Court: Andhra Pradesh
Decided on: Nov-21-1997
Reported in: 1998(1)ALD234
ORDERN.Y. Hanumanthappa, J.1. By anrder dated 11-7-1997 we had disposed of V.P.Nos.4991 and 4026 of 1990 setting aside the order passed by the Special Court under A.P. Land Grabbing (Prohibition) Act, 1982 (for short the Special Court), in L.G.C.NO.32/89, dated 5-3-1990 which was filed by Smt. P. Neelakanteswaramma and four others namely Respondents 3 to 6 in W.P.No.4991/90 against the Petitioners 1 to 10 L.G.C.No.32/90 one SnN.Srinivasa Rao, petitioner in W.P.No.4026/90, 11th Respondent in W.P.No.4991/90 and five other persons namely T. Syam Prasad Reddy, G. Ramesh, V.K.V. Prasad Rao, T. Rama Murthy and K. R. Bhagyanagar Co-operative housing Society Ltd, Hyderabad, in respect of land admeasuring 8866 Sq.yards situated in Yousifguda village, Hyderabad, alleging that the above persons are intended to grab the schedule land which is under the occupation of Smt. Neelakanteswaramma and others. The said land Grabbing Case was contested by both the parlies. The respondents in the said LGC No...
A.P. Mineral Development Corporation Ltd., Hyderabad Vs. Trimex Minera ...
Court: Andhra Pradesh
Decided on: Nov-21-1997
Reported in: 1998(1)ALD533; 1998(1)ALT182
ORDERP. Venkatarama Reddi, J1. The two appeals arise out of the common order passed by the I Additional Judge, City Civil Court, Hyderabad in two interlocutory applications- IA.Nos.1854 and 1855 of 1997 - filed by the plaintiff (respondent herein) pending the suit OS No. 1591 of 1997. The A.P. Mineral Development Corporation Ltd. (hereinafter referred to as 'Corporation') which is a State Government undertaking is the defendant in the suit and the appellant herein. Alongwith the appeals, we have heard the application filed by a company known as 'Gimpex Limited' seeking leave to file appeal against the order passed in IA No. 1855 of 1997.2. The suit was filed by the respondent herein seeking a declaration that the letter issued by the defendant Corporation on 19-9-1997 is illegal and for a consequential declaration that the contract entered into between the plaintiff and the defendant on 19-2-1997 is subsisting. The plaintiff also sought for an injunction restraining the defendants from...
P. Srinivasa Reddy Vs. Govt. of A.P. and ors.
Court: Andhra Pradesh
Decided on: Nov-21-1997
Reported in: 1998(1)ALD681; 1998(1)ALT375
ORDER1. The two writ petitions are disposed of by a common order since the same G.O.Rt.No.1952 Home (Gen.C) Department, dated 30-7-1997, is questioned in both the writ petitions.2. The petitioners are the residents of Rayalaseema region and licensees of fire arms. They acquired the weapons and obtained licences for the protection of their life and their property from the attacks of extremists and robbers and dacoits. The Government'suspended fire arm licences in Rayalaseema region and the districts of Guntur and Prakasam of Andhra area, for a period of6 months, initially in 1994. Separate G.Os. have been issued extending the period of suspension from time to time. G.O.RtNo.1824 Home (Gen.C) Dept., dated 9-8-1996 was issued suspending grant of new arm licences and existing arm licences from 1 -8-96 to 31 -7-97. Pursuant to the said G.O. the petitioners had deposited their weapons before the nearest police station (R3). The petitioners also applied for renewal of their licences to the li...
Laxminarayana and Another Vs. Joint Collector, Khammam and anr.
Court: Andhra Pradesh
Decided on: Nov-21-1997
Reported in: 1998(3)ALD107; 1998(2)ALT258
ORDER1. The petitioners originally belonged to Madhya Pradesh and migrated to Yellandu village, Khammam District. In Madhya Pradesh they were categorised as Scheduled Tribes belonging to 'Bhill' community. They have migrated as agricultural coolies. On 17-10-1984, 5.00 acres of land each in S.No.549 Rompad village was assigned to the petitioners. Ever since, they are in possession of the land. They have used a part of land for purpose of cultivation and in another part of land they have constructed Tiles Industry by borrowing money from the Bank. They were granted temporary pattas. However, on 1-2-1994 show-cause notice was issued proposing to cancel patta. The petitioners filed written explanation. They were heard by the Collector who issued the show-cause notice. Thereafter, the impugned order was passed on 30-3-1996 cancelling the assignment in favour of the petitioners under Section 166-B ofAndhra Pradesh (Telangana Area) Land Revenue Act. Aggrieved by the same, the present writ pe...
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