Andhra Pradesh Court March 1997 Judgments
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Waheeda Khatoon Vs. Syed Mohd. Ahmed Naqvi and Another
Court: Andhra Pradesh
Decided on: Mar-12-1997
Reported in: 1998(5)ALD529; 1998(2)ALD(Cri)592
1. The complainant in CC No.60 of 1994 on the file of the XVI Metropolitan Magistrate, Hyderabad, filed this appeal against the order of acquittal passed bythe Magistrate wherein the accused was acquitted under Section 248(1) Cr.PC for the offence punishable under Section 420 IPC.2. The case of the complainant is that the accused while acting as General Manager of a local branch of M/s. Almizan Leathers Pvt. Ltd., a partnership firm which came into existence for the upliftment of the Muslim community, induced the complainant to part with substantial amounts for investment in various leather industries started by the said Company under a promise that, she will be paid high dividends for the amounts invested by her. Acting on the representation of the accused the appellant paid Rs.25,000/- by way of demand draft drawn on S.B.H., Saidabad, -dated 18-10-1984 in favour of Gorakpur Skin Corporation one of the industries said to have been owned by the Atmizan Company. Ex.P3 is the receipt pas...
Gas Authority of India Limited Vs. the Competent Authority and Special ...
Court: Andhra Pradesh
Decided on: Mar-11-1997
Reported in: AIR1997AP284; 1997(2)ALT634
ORDERP. S. Mishra, C. J.1. This appeal, under Clause 15 of the Letters Patent of the Court, has arisen in a proceeding under Art. 226 of the Constitution of India. Petitioner-appellant herein, Gas Authority of India Limited, has filed the petition questioning the order of the competent authority under the Petroleum Pipelines (Acquisition of Right of User in Land) Act, 1962 in respect of determination of compensation to the land owners.2. The petitioner-appellant is a statutory authority. In the process of laying gas pipelines from Tatipaka to Kakinada, covering a distance of 103 K.Ms. during the year 1990-91, it is alleged, certain lands belonging to respondents 2 to 186 were involved. It appears, after declaration under Section 6 and the process of laying pipelines commenced, the competent authority under the Act issued notices to all the land owners calling upon them to file their claim petitions, either personally or through their advocates for compensation. According to the petitio...
T. Bangaru Raju and ors. Vs. Authorised Officer-cum-rdo, Land Reforms ...
Court: Andhra Pradesh
Decided on: Mar-11-1997
Reported in: 1997(3)ALT398
ORDERC.V.N. Sastri, J.1. This revision filed under Section 21 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for short 'the Act') is directed against the order of the Land Reforms Appellate Tribunal setting aside the order of the Primary Tribunal and over-ruling the objections raised by the petitioners with regard to the acceptance of the surrender of certain lands made by respondents 2 and 3 under the provisions of the Act. Respondents 2 and 3, who are the declarants in L.C.C. Nos. 1269, 1275, 1276 of 1275 were found to be holding excess land under the Act. Pursuant to the orders passed by the Land Reforms Tribunal and the Land Reforms Appellate Tribunal finally determining the surplus land held by them, the declarants i.e., respondents 2 and 3 proposed to surrender a total extent of Acs. 105.56 cents of land comprised in the three villages. The said lands proposed to be surrendered by the declarants were duly inspected by the Revenue Divisional Offic...
G. Abdul Rahiman Khan Vs. Dharmapuri District Co-operative Sugar Mills
Court: Andhra Pradesh
Decided on: Mar-11-1997
Reported in: 1997(3)ALT291
ORDERV. Bhaskara Rao, J.1. The order in E.A. No. 176/1992 in E.P. No. 81/1987 on the file of District Munsif, Dhone, dated 30-7-1993 dismissing the petition on the ground that the revision petitioner herein is not entitled to the benefits of Act 45 of 1987 is assailed in this revision petition.2. The facts in brief are that the revision petitioner herein suffered a decree for a sum of Rs. 4,741.26 ps. besides costs of Rs. 604/- in O.S. No. 62/1977 on the file of District Munsif, Dharmapuri of Tamil Nadu State and the execution petition has been transferred to the Court of District Munsif, Dhone as the revision petitioner is a permanent resident of this area and he has been owning lands at Dhone. He filed E.A. No. 176/1992 claiming that he is a small farmer and that the debt is discharged by virtue of the provisions of Act 45 of 1987. The petition is resisted by the respondent/decree holder. During the enquiry the revision petitioner examined himself as P.W.1 and he got Exs. A-1 to A-7 ...
Gayathri Devi Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Mar-05-1997
Reported in: 1997(1)ALD(Cri)801; 1997(1)ALT(Cri)880; [1998]94CompCas139(AP); 1998CriLJ1717
ORDER1. This appeal is filed against taking cognizance of the offences in CC No. 66 of 1995 on the file of the Additional Judicial Magistrate of First Class, Razole on the complaint filed by the Ist Additional District & Sessions Judge, East Godavari at Rajahmundry under Section 195(1)(b)(i), Cr.P.C. for the offences under sections 193, 196, 197 and 218 of I.P.C. 2. The facts giving rise to the filing of the appeal are, briefly, as follows :- 3. The Inspector of Police, Razole filed chargesheet against Gollamandala Pedda Dharmarao and Gollamandla Anandarao in Crime No. 51/1993 for the offences under sections 302 and 201, I.P.C. of Malikipuram Police Station alleging that A-2 is the son of A-1 and the deceased Moka Kanakanjeneyulu are the residents of Gadepalli village. It was alleged that A-1 and A-2 were responsible for the death of the deceased, Anjaneyulu on 16-6-1993. On receipt of information about the death of the deceased, Kanakanjaneyulu, the police registered a case, took up i...
Vallanki Narasaiah Vs. Gottipati China Subba Naidu and anr.
Court: Andhra Pradesh
Decided on: Mar-05-1997
Reported in: 1997(2)ALT222
R. Bayapu Reddy, J.1. This revision petition is filed by the Judgment Debtor in, O.S.No. 348 of 1984 on the file of the Principal District Munsif, Kavali questioning the orders dated 2-7-1993 passed in E.A.No. 237 of 1990 in E.P.No. 50 of 1985.2. The first respondent, who is the decree-holder, had filed the suit for recovery of the suit amount against the present revision petitioner on the basis of a promissory note and a decree was passed against him in the said suit. The first respondent thereupon filed E.P.No. 50 of 1985 bringing the E.P. Schedule properties to sale and the sale was held on 14-12-1987. The first respondent-decree-holder himself purchased items 1,3,4 and 5 while the second respondent-auction purchaser purchased item-2 in the said auction. The sale was confirmed on 8-12-1989. Subsequently during the course of delivery proceedings, the petitioner filed E.A. No. 237 of 1990 under Section 47 CPC read with Section 4 of Act 45 of 1987 (for short 'the Act'), contending that...
Behara Gopala Rao and ors. Vs. Govt. of A.P., Home (Cts.A) Department ...
Court: Andhra Pradesh
Decided on: Mar-05-1997
Reported in: 1997(3)ALT447
ORDERS. Parvatha Rao, J.1. The petitioners seek a writ of mandamus 'declaring the action of the Respondents 2 and 3 in not transferring the pending cases on the file of the Sub-Judge at Nuzvid to Sub-Court at Vijayawada even after G.O.Ms. No. 379 dated 22-9-1993 came into force, transferring the territorial jurisdiction of Ibrahimpatnam Mandalam to Vijayawada as illegal, arbitrary, unjust, highhanded, meaningless and without authority and consequently direct the respondents to implement the G.O. by transferring the pending cases pertaining to Ibrahimpatnam Mandalam to the Subordinate Judge at Vijayawada.........' etc.2. Under G.O.Ms. No. 379, Home (Courts-A) Department, dated 8-9-1993 published in the Andhra Pradesh Gazette No. 372, dated 22-9-1993 made 'in exercise of the powers conferred by Section 15(a) of the Andhra Pradesh Civil Courts Act, 1972' the territorial jurisdictions of the Subordinate Judge's Courts at Nuzvid and Vijayawada were altered by transferring the jurisdiction o...
Padmja Marketing Enterprises Vs. V.S.R. Murthy and ors.
Court: Andhra Pradesh
Decided on: Mar-04-1997
Reported in: 1997(1)ALD(Cri)814; 1998CriLJ881
1. The complainant in C.C. No. 240/91 on the file of the XII Metropolitan Magistrate, Hyderabad, is the appellant herein and he filed this appeal against the order of acquittal recorded by the Magistrate against the accused in the above case under S. 138 the Negotiable Instruments Act r./w. S. 200, Cr.P.C. 2. The learned counsel for the appellant contended that the Magistrate mis-directed himself in appreciating the evidence that was let in and on mere surmises and conjunctures, the Magistrate acquitted the accused on the charge levelled against him. The case of the complainant is that he is the manufacturer of ITE Televisions and the accused was acting as a dealer of the company for the sale of the T.Vs. and the transactions are evidenced by a katha. As on 31-3-1991, the accused owes an amount of Rs. 44,117/- and on 6-4-1991 and he issued a cheque drawn on Indian Bank, Palakoi Branch for Rs. 10,000/- drawn in favour of the complainant towards part payment of the amount due by him. The...
Smt. P.C. Sitamma Vs. Mandal Revenue Officer and ors.
Court: Andhra Pradesh
Decided on: Mar-04-1997
Reported in: 1997(2)ALT89
ORDERRamesh Madhav Bapat, J.1. The petitioner herein has invoked the jurisdiction of this Court under Article 226 of the Constitution of India with a prayer to issue an order or orders or direction or writ more particularly one in the nature of Writ of Certiorari, call for the records in proceedings No. B2/1919/95 dated 4-4-1995 issued by the first respondent and quash the same.2. The writ affidavit filed by the petitioner herein shows that he along with the others were the absolute owners and possessors of the land ad-measuring Ac.8-04 cents in S.Nos.206/1, 206/5-A and 206/5-C situated at Stambala Garuvu, Hamlet of Nallapadu village, Guntur District and the said land was acquired by the respondents 2 to 4 under the Land Acquisition Act for 40 providing house sites to B.Cs. E.B.Cs. and S.Ts. They had issued notice for the said purpose bearing proceedings Rc. No. 2663/78-W3 dated 14-10-1985. Thereafter without the knowledge of the petitioner, an Award under Section 12 of the Land Acquis...
Bysani Brahmayya and anr. Vs. Pratap Rama Krishna Murthy
Court: Andhra Pradesh
Decided on: Mar-04-1997
Reported in: 1997(2)ALT805
ORDERRamesh Madhav Bapat, J.1. The petitioners herein were the tenants and the respondent herein was the landlord. The parties herein are referred to as 'tenants' and 'landlord' 30 respectively for the purpose of convenience.2. The landlord instituted RCC. No. 3/87 before the Rent Controller (Principal District Munsif), at Bhimavaram, seeking eviction of the tenants on three grounds, viz., - (1) Bona fide requirement; (2) Tenants had committed wilful default in paying rents; and (3) Mala fide denial of title of the landlord by the tenants. The learned Rent Controller allowed the Rent Control Case on all the three grounds. Aggrieved by the aforesaid order of eviction, the tenants preferred an appeal before the Rent Control Appellate Authority (Subordinate Judge), at Bhimavaram, by filing C.M.A. No. 15/90. The said 40 appeal was heard on merits and the learned Sub-Judge dismissed the same. But in the judgment, the grounds of bonafide requirement of the landlord and wilful default committ...
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