Andhra Pradesh Court February 1997 Judgments
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Badana Mohana Rao Vs. State of A.P. and anr.
Court: Andhra Pradesh
Decided on: Feb-11-1997
Reported in: 1997(1)ALD(Cri)615; 1997(1)ALT(Cri)864; II(1997)DMC188
B.S.A. Swamy, J.1. The question that arises for consideration of this Court in this criminal revision is whether the Sessions Court in exercise of its revisional powers under Sections 397, Cr. P.C. can remand the case for retrial which has arisen under Section 125, Cr. P.C.2. The facts in this case are not in dispute. The respondent initiated proceedings under Section 125, Cr. P.C. alleging that she is the wife of the petitioner and one Laxmi Narasamma has born to her during the wedlock with the petitioner and as the petitioner neglected to maintain her even though having sufficient means to maintain, she is entitled to receive maintenance from the petitioner. The claim of the respondent was contested by the petitioner by contending that he never married the respondent and the daughter Laxmi Narasamma, who was alleged to have been born to the respondent during the wedlock, is not his child.3. The Magistrate dismissed the complaint on the ground that the respondent failed to produce any...
P. Vaman Rao Vs. Secretary to Government and anr.
Court: Andhra Pradesh
Decided on: Feb-07-1997
Reported in: [1998]93CompCas486(AP)
S. Dasaradharama Reddy, J.1. The petitioner, a former company secretary of Sirsilk Limited (hereinafter referred to as 'the company'), in which the Government of Andhra Pradesh is the major shareholder, filed this petition under section 633(2) of the Companies Act, 1956 (for short 'the Act'), for relieving him from the default, if any, in not complying with section 233B of the Act. The company petition was admitted on March 13, 1996 and interim direction was granted not to launch prosecution as proposed in the show-cause notice issued by the second respondent. The petitioner states in his petition as follows : The company was carrying on business in manufacture of cotton textiles, chemicals and rayon. Due to numerous problems, a lock-out was declared by the company on April 26, 1985 and the company remained closed and did not reopen till April 16, 1994. The company approached the Board for Industrial and Financial Reconstruction (BIFR) and pursuant to the order passed by the appellate ...
Manager, United India Insurance Co. Ltd. Vs. Gandelli Yellamma and ors ...
Court: Andhra Pradesh
Decided on: Feb-07-1997
Reported in: I(1998)ACC286; 1997(3)ALT201
R. Bayapu Reddy, J.1. These appeals are sought to be filed by the Insurance Company questioning the amount of Compensation awarded by the lower Court to the claimants. The Office has taken an objection regarding the maintainability of the appeals in view of the provisions of Section 173(2) of M.V. Act on the ground that the Compensation awarded by the lower Court is less than Rs. 10,000/- and as such no appeal lies. The contention of the learned Counsel for the appellant-Insurance Company, however is that the appellant is disputing its very liability to pay the compensation and not the quantum of amount awarded by the lower Court and that, therefore, the provisions of Section 173(2) do not apply to the present case.2. Heard, the learned Counsel for appellant. The contention of the learned Counsel for the Appellant cannot be accepted. In order to appreciate the point in dispute it will be useful to refer to Section 173 of the M.V. Act, which is as follows: -'173 (1) Subject to the provi...
B. Vijaya Kumar Vs. Secretary to Government, Government of Andhra Prad ...
Court: Andhra Pradesh
Decided on: Feb-06-1997
Reported in: 1997(3)ALD266; 1997(2)ALD(Cri)116; 1997(2)APLJ68; 1997CriLJ2738
Syed Shah Mohammed Quadri, J.1. Balagani Srinivasa Rao s/o Venkata Subbaiah was ordered to be detained by the District Collector and the District Magistrate, Prakasam District, Ongole, in RC. No. 3018/96/C3, dated 11-12-1996 under Section 3(1) and (2) read with Section 2(a) and (b) of the Andhra Pradesh Prevention of Dangerous Activities of Boot-Leggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offencers and Land Grabbers Act, 1986 (for short 'the Act'). The petitioner, his brother, challenges the validity of that order as illegal, arbitrary, unconstitutional and violative of Arts. 19 and 21 of the Constitution of India and seeks a declaration that the order is bad in law and prays that the detenu be released forthwith by granting writ of habeas corpus. 2. The ground of detention is only one and that was served on the detenu immediately after passing of the impugned order. The ground of detention which is assaulted inter alia states that on 28-11-1996, the Inspectors and Sub-I...
Murali P. and ors. Vs. Management of Hindustan Machine Tools Ltd.
Court: Andhra Pradesh
Decided on: Feb-06-1997
Reported in: 1997(2)ALT648; (1998)ILLJ78AP
P.S. Mishra, C.J. 1. Writ petitioners-appellant, 25 in number, have moved in appeal under Clause 15 of the Letters Patent of this Court against the judgment of a learned single Judge in a petition under Article 226 of the Constitution of India. They have made the prayer that they be declared as regular members of the respondent organization right from the date of their entry into service and at they are entitled to the salary as is paid to the persons working in the canteen as regular members of the respondent-organisation. Facts in brief are as follows :- M/s. Hindustan Machine Tools Limited, it is not in dispute, is an instrumentality of the Central Government. It has employed around seven thousand workers including workers in the canteen which initially was run by a contractor. When engaged, they were paid daily wages of Rs. 12/- and later, the same has been raised to Rs. 30/- per day. 2. The issue, whether the canteen is a statutory canteen under the Factories Act and thus employee...
Gram Panchayat of Teluguraopalem, Rep. by Its Sarpanch Vs. Srikakulesw ...
Court: Andhra Pradesh
Decided on: Feb-06-1997
Reported in: 1997(3)ALT229
ORDERB.S. Raikote, J.1. This Letters Patent Appeal is preferred by the original defendent-Gram Panchayat of Teluguraopalem being aggrieved by the judgment and decree of the learned single Judge dated 27-3-1989 in Appeal No. 628 of 1982. By the impugned judgment and decree the learned single Judge decreed the suit of the respondent/plaintiff Srikakuleswaraswamivari temple, Srikakulam by reversing the judgment and decree of the Subordinate Judge, Machilipatnam, dated 21-7-1980 passed in O.S. No. 70 of 1975. In other words the learned Subordinate Judge, Machilipatnam had dismissed the suit of the plaintiff, but the learned single Judge decreed the same. It is in these circumstances it is the defendent who is an appellant before us.2. In order to appreciate the rival contentions we summarily note the facts of the case. We refer to the parties as per the ranking assigned to them in the trial Court. The plaintiff filed a suit for declaration and injunction but latter sought for possession by...
Maruthi Steels (P) Ltd., Rep. by Its Director Mawsood Khan Vs. Governm ...
Court: Andhra Pradesh
Decided on: Feb-06-1997
Reported in: 1997(3)ALT380
ORDERB.K. Somasekhara, J.1. This Writ Petition has a long back padding of facts and small history which require some useful record. The petitioner is an industry commercially known as 'mini steel plant.' The Government of Andhra Pradesh, viz, the first respondent evolved a scheme whereby some incentives were offered in Andhra Pradesh for industrial development in backward areas. In that connection G.O.Ms. No. 375, Industries and Commerce Department, dated 23-8-1985 was issued whereby the industries which were to be initiated in the three classified backward areas, including Anantapur district, were given incentives including the rebate of power tariff to the extent of 25% for the first three years and later on for further two years whereby the APSEB was to meet such expenditure for the first three years and the Government for the next two years and in all for five years. In response to such an invitation, the petitioner initiated the efforts to establish the industry at 8th KM on Banga...
N. Varado Rajula Reddy Vs. Govt. of A.P. and Others
Court: Andhra Pradesh
Decided on: Feb-05-1997
Reported in: AIR1997AP222
ORDER1. In this writ petition, the validity of G.O.Rt. No. 281 (981 wrongly typed as 281), Panchayat Raj Rural Development and Relief (ESTT-1) Department, dated 25-7-1996 is assailed.2. The petitioner is the sitting M.L.A. from Proddutur Assembly Constituency. He submits that originally the office of the Executive Engineer, Panchayat Raj was functioning at Jammalamadugu from 1984 and that there are 13 mandals under the Divisional Office. Out of 13 mandals, 4 are situate within Jammalamadugu Constituent Assembly and the rest under Proddutur and Pulivendula Assembly Constituencies. It was found that the location of the office of the Divisional Engineer, Panchayat Raj was not convenience for the villagers in various mandals either from the point of transport facilities or distance and also in order to execute various developmental activities. Hence, it became necessary to shift the office from Jammalamadugu to Proddutur. Accordingly, the Government issued G.O.Rt. No. 1372, dated 22-11-199...
Accountant General of A.P. and anr. Vs. S. Obul Reddi and anr.
Court: Andhra Pradesh
Decided on: Feb-05-1997
Reported in: 1997(3)ALT433
P.S. Mishra, C.J.1. The Accountant General of Andhra Pradesh, Hyderabad and the Union of India have appealed under Clause 15 of the Letters Patent of this Court against the judgment declaring entitlement of a retired Judge, whose case falls for calculation of pension in accordance with the provisions in Part III of the High Court Judges (Conditions of Service) Act, 1954 as amended from time to time. It is not in dispute that after retirement the petitioner - respondent received the benefit of the order of the President under Section 16 of the Act and received pension until after the amendment with effect from 1-11-1986. He opted for the pension as a Part III Judge. There were several controversies before the learned single Judge, which are, we are informed, settled, except the contention whether for the purpose of a special additional pension for service Judges in respect of the last year of service, the benefit of the order of the President shall not be available. Learned single Judge...
Hemalatha Sugnadhi Vs. Appellate Authority Under Section 47-a Stamp Ac ...
Court: Andhra Pradesh
Decided on: Feb-05-1997
Reported in: 1997(3)ALT808
M.H.S. Ansari, J.1. The above Writ Petition is filed assailing the orders passed by the Appellate Authority under Section 47-A of the Indian Stamp Act (for short 'the Act') dismissing the appeal filed by the petitioner herein.2. Briefly the facts giving rise to the filing of the said Appeal and consequently the above Writ Petition are as under :The petitioner herein purchased agricultural land admeasuring Ac.1.37 guntas in Sy. Nos. 53,54,55 situated at Premavathipet village in Ranga Reddy District for a total consideration of Rs. 1,00,000/- (Rupees One lakh only). On presentation of the sale deed for registration before the Registering Authority, the said sale deed was kept pending for determination of the market value. The Registration Authority - 3rd respondent herein estimated the market value at Rs. 93,000/- (per acre) and referred the said document to the 2nd respondent herein for determination of the market value under Section 47-A of the Stamp Act. After enquiry, the 2nd respond...
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