Andhra Pradesh Court December 1997 Judgments
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T. Bhaskar and ors. Vs. T. Nagaraju and anr.
Court: Andhra Pradesh
Decided on: Dec-04-1997
Reported in: 1998(4)ALD158; 1998(1)ALT(Cri)432
ORDERP. Venkatarama Reddi, ACJ1. The order of the District and Sessions Judge, Chittoor passed in purported exercise of power under Section 408 of the Criminal Procedure Code was challenged in Crl. Petition No. 861 of 1997 on the ground that the District and Sessions Judge has no jurisdiction to transfer the criminal case (C.C.No.402 of 1995 on the file of the V Additional District Munsif, Chittoor) to the Court of the First Additional District Judge, Chittoor, so that the C.C and the Sessions Case may be tried together.2. The police filed a charge sheet under Sections 324 and 326 IPC against the petitioner. That case was registered as C.C. 402 of 1995 in the Munsif-Magistrate Court, Chittoor. Another charge sheet under Section 302 IPC was filed against the petitioner in respect of the offence of murder. It is not in dispute that both arise out of the same transaction or incident, atleast prima facie. The learned District and Sessions Judge felt that in the interests of justice, both t...
Amina Bee (Died) by L.Rs. and ors. Vs. Aisha Khatoon and ors.
Court: Andhra Pradesh
Decided on: Dec-03-1997
Reported in: 1998(1)ALD129; 1998(1)ALT160
ORDER1. The petitioners/plaintiffs preferred the present revision petition aggrieved by the order dated 9-3-1993 passed in I,A.No.859/1988 in O.S.No.7/1973, by the IV Additional Judge, City Civil Court, Hyderabad, in ordering the application filed by the respondents/defendants herein purporting to be under Order 6 Rule 17 read with Section 152 of the Code of Civil Procedure.Brief Facts :2. Defendant Nos.1 to 9 in O.S.No.7 of 1973 on the file of the IV Additional Judge, City Civil Court, Hyderabad, filed an application seeking amendment of the preliminary decree dated 21-6-1978 and the warrant issued to the Commissioner correcting the House Number as 23-2-145/1 instead ofH.No.23-2-145 as shown in the preliminary decree. The petitioners/plaintiffs filed the suit for partition of Mathruka properties of one late M-A. Lateef and the trial Court after elaborate consideration of the matter decreed the suit for partition of Mathruka properties and a preliminary decree has been passed on 21-6-1...
Chekka Krishna Prasad Vs. Kotha Appa Rao
Court: Andhra Pradesh
Decided on: Dec-03-1997
Reported in: 1998(1)ALD680; 1998(2)ALT45
ORDER1. Heard.2. Mr. Y. Venkaieswarlu, the learned Counsel for the petitioner submits that the respondent-plaintiff has filed a suit against the petitioner who is the defendant therein for a mere injunction claiming title over certain immovable property which is said to be a tin-shed premises, for which, the petitioner-defendant is also claiming title on the basis of a registered sale deed: but, the respondent-plaintiff challenges the validity of the said sale deed in favour of the petitioner-defendant on the ground that it is invalid in law. The Trial Court, on an application filed by the respondent-plaintiff under Order 16 Rule 6 C.P.C. has allowed the petition to summon admission register and T.C. from E.V. Reddy College, Kodad, which reflects the age of the petitioner as a minor on the dale of execution of the sale deed. In this regard, the learned Counsel for the petitioner submits that the Court has no authority to summon a document from the custody of third party, especially pub...
Mohd. Maqdoom Ali Vs. District Collector, Mahaboobnagar and anr.
Court: Andhra Pradesh
Decided on: Dec-03-1997
Reported in: 1998(1)ALD701; 1998(2)ALT43
ORDER1. The order of the learned District Munsif, Mahaboobnagar in CFR.No.5495 of 1993 dated 3-11-1997 is challenged. The learned District Munsif instead of registering the suit and issuing summons held that the suit was not maintainable for mandatory injunction. The order which is short reads as follows:'The suit in the present form is not maintainable since the plaintiff could not exhaust his remedy before the defendants. The plaintiff could not place any material to show that he approached the defendants for compensation for the demolition of his house and established that the defendants have an obligation to pay compensation, but they did not discharge their legal obligation. Even otherwise, if the plaintiff feels that he is entitled for compensation, he can directly file a suit for compensation, but the suit in the present form'.2. The order is cryptic and arbitrary. No provision is mentioned as to how the petitioner-plaintiff was to exhaust any remedy before the defendants before...
Vallem Nagi Reddy Vs. S. Krishna, Spl. Dy. Collector, Nellore Dist. an ...
Court: Andhra Pradesh
Decided on: Dec-03-1997
Reported in: 1998(2)ALD209; 1998(2)ALT663; 1998CriLJ3894
ORDER1. In W.P.MP.No. 18005 of 1996 in W. P.No. 14710 of 1996 certain orders were passed by me on 25.07,1996 and it is useful to extract the order passed by me :'It is the case of the petitioner that the Civil Court enhanced the compensation for the lands acquired on a reference made to it under Section 18 of the Land Acquisition Act by an order and decree dated 09-04-1992. Though the respondents have not filed any appeal questioning the enhancement of compensation, they have not paid the compensation due to the petitioner till this date. If the facts stated are true, the respondents shall pay the entire amount of compensation within three months from the dale of receipt of this order. Notice. Post the writ petition for orders on 01-11-1996.' 2. When the Respondents did not act upon the orders of this court, Ihe present Contempt Application was filed for taking action against the Contemnors for flouting the orders of this Court.3. By order dated 11-07-1997 my brother Sri Justice K. Sid...
Employees State Isurance Corporation Vs. Md. Kabeer and anr.
Court: Andhra Pradesh
Decided on: Dec-03-1997
Reported in: II(1998)ACC1; 1999ACJ1351; 1998(2)ALD302; 1998(1)ALT647
ORDER1. The appellant is the Employees' State Insurance Corporation (ESI) which is challenging the judgment and order of the Employees Insurance Court, Hyderabad in E.I. Appeal No.8 of 1989 dated 11-10-1991 enhancing the per centage of loss of earning capacity from 5 to 30 in regard to Respondent No. 1 Md. Kabeer, an employee in Sirpur Paper Mills who suffered anemployment injury and who moved the ESI Court to award the compensation. Originally, the Medical Board of the E.S.I. Hospital assessed the per centage of loss of earning capacity at 5 and the matter was taken up before the Medical Appeal Tribunal under the ESI Regulations in Appeal No. 51 of 1989 in File No.D5/12731/89 and it came to be dismissed on 13-6-89 confirming the loss of earning capacity fixed by the Medical Board. The matter came up before the ESI Court, Respondent No.2 in E.I. Appeal No.8 of 1979 wherein by the impugned judgment the per centage of loss of earning capacity of the employee was enhanced to 30. Aggrieved...
Jamsheed HussaIn Vs. Azeez HussaIn (Died) by Lrs.
Court: Andhra Pradesh
Decided on: Dec-03-1997
Reported in: 1998(2)ALD276; 1997(6)ALT602
ORDER1. This civil revision petition is filed by the tenant questioning the orders dated 21-9-1994 passed in RANo.263 of 1990 on the file of the Chief Judge, City Small Causes Court, Hyderabad by which the rent appeal was dismissed thereby confirming the orders of eviction passed against him in RC No.327of 1985 on the file of the II Additional Rent Controller, Hyderabad.2. The first respondent is the original landlord and the Respondents 2 to 6 herein were added as his legal representatives after his death during the pendency of the proceedings. The original landlord, who is the deceased first respondent herein, filed eviction petition in RC No.327/85 before the Rent Controller seeking eviction of the present revision petitioner who is the tenant on the ground of wilful default in payment of rent for the period from August 1983 to August 1985 (for total period of 25 months) and also on the ground thai the tenant is liable for eviction for having kept the premises which is non-residenti...
Annanpurna Consumers Co-operative Stores Ltd. and anr. Vs. Secretary t ...
Court: Andhra Pradesh
Decided on: Dec-02-1997
Reported in: 1998(1)ALD674; 1998(2)ALT414
ORDER1. This is a pathetic case which reflects on the successive Governments and it shows how the important institutions are being dealt with. The following facts are not disputed: 2. That, A.P. State Co-operative Marketing Federation Limited, hereinafter referred as 'Federation', is a society registered under the provisions of the A.P. Co-operative Societies Act, 1964. The federation consists of all District Marketing Societies, Primary Marketing Societies and other consumer stores as its members. The elected Presidents of these bodies will elect the members of the Managing Committee of the Federation. Elections to these bodies were completed in 1996, but the elections to the Federation were not conducted by the respondents. Even before 1996 the elections were not conducted to the said Federation. 3. In view of the importance of this case, by an order I requested the Advocate General to address the Court. The learned Advocate General has accepted that the elections were last held to t...
V. Suneetha Prasad Vs. Commissioner of Income Tax and anr.
Court: Andhra Pradesh
Decided on: Dec-02-1997
Reported in: (1998)148CTR(AP)28; [1998]233ITR325(AP)
ORDERV. Bhaskara Rao, J.1. The petitioner is seeking a Writ of certiorari quashing the order in HQRS. 1-94/87-88 on the file of CIT, Visakhapatnam, dt. 11th March, 1988 and consequential order of (i) waiver or reduction of interest charged under s. 139(8) of IT Act (for short 'the Act') and (ii) penalty levied under s. 271(1)(a) of the Act for the asst. yr. 1977-78. 2. The facts in brief are that the petitioner is an assessee under GIR No. S. 1830/SKL on the file of ITO, Srikakulam (subsequently transferred to ITO, D. Ward, Vizianagaram) for the asst. yr. 1977-78. Her income from property was Rs. 848 and from other sources Rs. 890. She earned Rs. 53,929 from sale of land and incurred an interest of Rs. 27,271 on the borrowed capital for construction of a cinema hall. It is her case that she was under the impression that there is no taxable income for the asst. yr. 1977-78. However, she was advised that the profit on sale of land would be considered as capital gain within the meaning of...
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