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Andhra Pradesh Court February 1997 Judgments

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Feb 26 1997

Rapati Ramayamma (Died) Per L.Rs. Vs. United India Insurance Co. Ltd. ...

Court: Andhra Pradesh

Decided on: Feb-26-1997

Reported in: 1997(4)ALT526

R.M. Bapat, J.1. The appellant herein was the plaintiff in O.S. No. 14 of 1976 filed by her in the Court of the II Additional Subordinate Judge, Visakhapatnam claiming compensation of Rs. 18,760/- from the defendants being the principal amount of Rs. 10,500/- plus interest of Rs. 8,260/- at the rate of one per cent per mensem from 5-2-1969 to 25-8-1975.2. It was the case of the original plaintiff i.e., the appellant herein, that her vehicle bearing RT.A.No. A.P.V. 3871 T.M. Benz was insured with the first defendant Insurance Company under Policy No. 1201936. The said vehicle met with an accident on 17-9-1968. There was no loss of life and only the vehicle was damaged and therefore the plaintiff claimed compensation on the strength of the comprehensive Insurance Policy.3. It appears that on presentation of the Original Suit, summons were issued to the defendants. They filed their written statements and contested the suit of the plaintiff mainly on the ground of limitation. It was allege...


Feb 26 1997

Rapati Ramaya and anr. Vs. United India Insurance Co. Ltd. and ors.

Court: Andhra Pradesh

Decided on: Feb-26-1997

Reported in: 1(1998)ACC220

R.M. Bhapat, J.1. The appellant herein was the plaintiff in O.S. No. 14 of 1976 filed by her in the Court of the II Additional Subordinate Judge, Visakhapatnam claiming compensation of Rs. 18,760/- from the defendants being the principal amount of Rs. 10,500/- plus interest of Rs. 8,260/- at the rate of one percent per mensem from 5.2.1969 to 25.8.1975.2. It was the case of the original plaintiff i.e., the appellant herein, that her vehicle bearing R.T.A. No. A.P.V. 3871 T.M. Benz was insured with the first defendant-Insurance Company under Policy No. 1201936. The said vehicle met. with an accident on 17.9.1968. There was no loss of life and only the vehicle was damaged and therefore, the plaintiff claimed compensation on the strength of the comprehensive Insurance Policy.3. It appears that on presentation of the Original Suit, summons were issued to the defendants. They filed their written statements and contested the suit of the plaintiff mainly on the ground of limitation. It was al...


Feb 25 1997

Public Prosecutor, High Court of Andhra Pradesh Vs. Marikal Venkataiah

Court: Andhra Pradesh

Decided on: Feb-25-1997

Reported in: 1997(1)ALD(Cri)758; 1997CriLJ3942

1. The State has preferred this appeal against the judgment passed by the Assistant Sessions Judge, Gadwal, in S.C. No. 249/92, dated 13-5-1993, whereby the respondent has been acquitted of the charges levelled against him under Section 436 of the Indian Penal Code. 2. The facts of the case lie in a very small compass. The respondent was prosecuted for setting fire to the hut of Banda Chandraiah on 6-2-1992 at 9 p.m. Charge under Section 436 of the Indian Penal Code was framed and explained to the respondent-accused on 18-3-1993. The trial Court posted the case for examination of the prosecution witnesses in instalments from 10-5-1993 to 12-5-1993. On 10-5-1993, 11-5-1993 and 12-5-1993, the witnesses who were summoned to appear on those dates remained absent and the case was adjourned to 13-5-1993 at the request of the Additional Public Prosecutor. On that day, the trial Court observed that the police people were absent in spite of issuance of summons and even after the Additional Publ...


Feb 25 1997

income-tax Officer Vs. K.A. Siddique

Court: Andhra Pradesh

Decided on: Feb-25-1997

Reported in: 1997(1)ALD(Cri)771; 1997(1)ALT(Cri)662; (1998)145CTR(AP)351; [1997]227ITR677(AP)

1. Krishna Saran Shrivastav, J. - This appeal is directed against the judgment passed by the Special Judge for Economic Offences, Hyderabad, in C.C. No. 125 of 1988, dated April 13, 1995, whereby the respondent accused has been acquitted under sections 276C(1) and 277 of the Income-tax Act. 2. The appellant-complainant laid a complaint against the respondent-accused alleging that he carried on business under the name and style Siddique Associates and had not filed the income-tax return for the assessment year 1985-86 within the prescribed time, but had filed the same only when noticed under section 142(1) of the Income-tax Act (for short 'the Act'), on March 31, 1986, declaring an income of Rs. 7,606. In this return, professional receipts were shown to be Rs. 4,13,530 including the receipt of an amount of Rs. 50,000 from Dillu Cine Enterprises (P.) Ltd. of which company he himself was the managing director. It was found in the assessment proceedings of Dillu Cine Enterprises (P.) Ltd. ...


Feb 25 1997

M. Rajaiah Vs. Managing Director, Apsrtc

Court: Andhra Pradesh

Decided on: Feb-25-1997

Reported in: 1997(4)ALT41

Y.V. Narayana, J.1. The petitioner herein is a practising advocate in Karimnagar. He was appointed by the respondent-Corporation by Order dated 1-3-1996 as Additional Standing Counsel for the A.P.S.R.T.C. at Karimnagar. The term of appointment is two years. While so, on 10-6-1996, the Prohibition & Excise officials raided the house of the petitioner herein and found Whisky bottles in the sand lying in the residential premises of the petitioner and thereupon a crime was registered against the petitioner under the provisions of Prohibition laws. Subsequently, on 26-12-1996, the respondent- Corporation issued the impugned order, which reads as follows:'It is reported in the complaint dated 12-12-1996 that the Prohibition and Excise Inspector raided your house, seized 25 bottles of liquor and arrested you and sent for remand and the case filed against you is still pending before the Court. The said incident was also, reported in the Eenadu Daily Newspaper, Karimnagar dated 12-6-1996. Since...


Feb 25 1997

Mohammed Sultan Vs. Miss Nawazunnisa

Court: Andhra Pradesh

Decided on: Feb-25-1997

Reported in: 1997(3)ALT183

ORDERKrishna Saran Shrivastav, J.1. This revision is directed against the judgment passed by the Principal Subordinate Judge, Ranga Reddy District at Saroor Nagar, Hyderabad in Small Cause Suit No. 7 of 1995 dated 08-8-1996 whereby the suit for recovery of Rs. 5,000/- with simple interest at the rate of 6% per annum has been decreed against the petitioner-defendant.2. The respondent-plaintiff filed a suit for recovery of Rs. 5,000/- on the basis of the receipt Ex.A-1 dated 05-09-1990. The petitioner-defendant has specifically denied to have executed the receipt Ex.A.-1 and has pleaded that it is a forged document.3. The trial Court observing that the petitioner-defendant did not examine the handwriting expert in an attempt to prove that the receipt Ex.A-1 is a forged document, compared the admitted signatures of the petitioner-defendant on his Vakalat with the disputed signature on the document Ex.A-1 and reached the conclusion that the signature of the person on Ex.A-1 is similar to t...


Feb 24 1997

P.S.S. Manyam and anr. Vs. Depot Manager, A.P.S.R.T.C., Tirumala Depot ...

Court: Andhra Pradesh

Decided on: Feb-24-1997

Reported in: 1997(2)ALT344; (1997)IILLJ18AP

1. On October 1, 1996, the petitioners who are the employment of the respondents-Corporation went to the A.P.S.R.T.C. Complex at Tirupathi in order to discuss certain issues relating to the employees and after having discussions with the Office bearers of the Union, when they were stepping out of the Office Building, the police have arrested both the petitioners alleging that they were in an intoxicated condition. Thereafter, both the petitioners were produced before the Doctor in S.V.R.R.G.G. Hospital, who, after examining the petitioners, found that the petitioners neither consumed any liquor nor were they in intoxicated state. However, the police registered a Crime against both of them and filed charge-sheet in the Criminal Court which was registered as S.T.C. No. 882 of 1996. It seems, the petitioners were convicted and each of them paid Rs. 500/- by way of fine. Thereupon, it is alleged that on a letter dated October 3, 1996 addressed by the Sub-Inspector of Police, East Police St...


Feb 24 1997

P.S.S. Nanyam Vs. Depot Manager, Chittoor District and anr.

Court: Andhra Pradesh

Decided on: Feb-24-1997

Reported in: 1998(4)ALD446

1. On 1-10-1996, the petitioners who are the employees of the respondents-Corporation went to the A.P.S.R.T.C. Complex at Tirupathi in order to discuss certain issues relating to the employees and after having discussions with the Office bearers of the Union, when they were stepping out of the Office Building, the police have arrested both the petitioners allegingthat they were in an intoxicating condition. Thereafter, both the petitioners were produced before the Doctor in S.V.R.R.G.G. Hospital, who, after examining the petitioners, found that the petitioners neither consumed any liquor nor were they in intoxicating state. However, the police registered a Crime against both of them and filed charge-sheet in the criminal Court which was registered as S.T.C.No.882 of 1996. It seems, the petitioners were convicted and each of them paid Rs.500/- by way of fine. Thereupon, it is alleged that on alerter dated 3-10-1996 addressed by the Sub-Inspector of Police, East Police Station to the Dep...


Feb 24 1997

S. Rajamouli and ors. Vs. Special Secretary to Government, Energy, For ...

Court: Andhra Pradesh

Decided on: Feb-24-1997

Reported in: 1997(3)ALT215

ORDERP. Venkatarama Reddi, J.1. The petitioners are doing business in charcoal and they are the proprietors of the charcoal depots. In other words, they are the dealers in charcoal. They challenge the validity of Rules 5 to 8 of the Andhra Pradesh Charcoal (Production and Transport) Rules, 1992 framed Under Section 68 of the A.P. Forest Act. The rules are meant to regulate production, transport and trading in charcoal. Charcoal is a 'forest produce' within the meaning of Section 2(g)(1) of the A.P. Forest Act. Rule 5 is the core provision which is challenged. It reads as follows:5. (1) In the event of storage of charcoal for trade purpose, the person who intends to do the trade, should obtain a licence as provided in A.P. Forest Produce (Storage and Depot) Rules, 1989.(2) Such licensee should maintain a register showing the details of receipt, disposal of charcoal and it should be in the Form appended to these rules.(3) A quarterly abstract of total quantity of charcoal received and di...


Feb 21 1997

Prasad Singh Paradeshi and ors. Vs. State of A.P. and anr.

Court: Andhra Pradesh

Decided on: Feb-21-1997

Reported in: 1997(1)ALD(Cri)629; I(1998)DMC137

T. Ranga Rao, J.1. This petition is filed under Section 482 of Cr.P.C. requesting to quash the proceedings in C.C. No. 391 of 1996 on the file of the XXII Metropolitan Magistrate, Hyderabad.2. The facts in giving rise to the filing of this petition are, briefly, as follows:That the first petitioner herein married the second respondent and the petitioners 2 and 3 are the parents of the first petitioner and the petitioners 4,6,8 and 10 are the sisters-in-law of the first petitioner and the petitioner No. 5, is the husband of the petitioner No. 4, petitioner No. 7 is the husband of the petitioner No. 6 and the petitioner No. 9 is the husband of the petitioner No. 8 and they are residents of Sholapur and A- 4, A-5 and A-10 are residents of Tune of Maharashtra State.3. The second respondent filed a private complaint before the XXII Metropolitan Magistrate, Hyderabad on 6.5.1996 alleging that the marriage between the second respondent and the first petitioner was celebrated on 29.12.1993 at ...


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