Andhra Pradesh Court June 1997 Judgments
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G. Nageshwar Rao Vs. Director General of Police, Andhra Pradesh and or ...
Court: Andhra Pradesh
Decided on: Jun-30-1997
Reported in: 1997(2)ALD(Cri)252; 1998(1)ALT(Cri)15; 1998CriLJ46
ORDER1. The petitioner, the father of his deceased second son - G. Satish, a ninth class student of Sri Krishnaveni Residential School, Poranki, Vijayawada, and who was found to be dead on 24-2-1997 within the premises of the Residential School, has a serious grievance that it is a case of murder, where the concerned police people who are investigating the matter and the authorities of the residential school are projecting it as a case of suicide by hanging. Therefore, he is seeking a direction from this Court to the respondents 1 to 6 who are (1) The Director General of Police, Andhra Pradesh, Hyderabad, (2) The Commissioner of Police, Vijayawada, (3) The Dy. Commissioner of Police, Vijayawada, (4) The Assistant Commissioner of Police, Vijayawada, (5) Circle Inspector of Police, Gannavaram, Krishna district and (6) Sub-Inspector of Police, Penamaluru Police Station, Krishna district to register the F.I.R. under section 302 read with S. 34 I.P.C., 120A and 120B, I.P.C. and for a direct...
Maltan Sangaiah and anr. Vs. Patel Eswarappa
Court: Andhra Pradesh
Decided on: Jun-30-1997
Reported in: 1997(4)ALT724
Y.V. Narayana, J. 1. The petitioners herein are the legal heirs of the original inamdar in respect of the land bearing Survey No. 373 admeasuring Ac.5.17 guntas situated at Kondurg village of Kondurg Mandal. The respondent herein is the legal heir of the deceased protected tenant who filed a declaration under Section 24 7(1) of the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955 (for short, 'the Act') before the Revenue Divisional Officer, Mahabubnagar, for grant of Occupancy Rights Certificate under the Act in respect of the above said land. Notices have been issued to all the interested parties and in response to the said notices, the petitioners filed their objections on the claim of the respondent-declarant and also filed their own declaration for grant of Occupancy Right Certificate in their favour in respect of the land in dispute. The Revenue Divisional Officer posted the matter for hearing. The case was heard on 5-8-1989 and 2-9-1989. The Petitioners as well as the...
Tinna Oils and Chemicals Limited Rep. by Its Director Vs. Visakhapatna ...
Court: Andhra Pradesh
Decided on: Jun-30-1997
Reported in: 1997(5)ALT135
ORDERB. Sudershan Reddy, J.1. The petitioner herein prays for an appropriate writ, particularly one in the nature of Writ of Certiorari calling for the records of the first and second respondents having reference No. TM/CB/Wharfage/Tinns dated 11-6-1997 and quashing the same as illegal.2. The petitioner is stated to be a public limited company incorporated under the Companies Act, carrying on various business activities, including manufacturing of edible oils, stevedoring, port logistics, import and export of diverce commodities. It is stated in the affidavit that the petitioner sent proposal dated 14-3-1994 to the Chairman, Visakhapatnam Port Trust (for short 'VPT') to set up mechanised loading and handling facility at the Vizag Port for export of extractions and Agricultural Products berth EQ-VI. The main objectives of the facilities was to provide an efficient loading rate of over 2500 MT per day and to maximise utilisation of ports existing infrastructure, ensure minimum through pu...
M.A. Gafoor Vs. Mohd. Jani and Others
Court: Andhra Pradesh
Decided on: Jun-29-1997
Reported in: 1999(1)ALD159; 1999(1)ALT596
ORDER1. This revision is filed by the plaintiff in OS No. 101 of 1991 on the file of the VII Additional Judge, City Civil Court, Hyderabad, questioning the impugned orderdated 11-4-1997 passed in IASR No. 1074 of 1997 holding that the suit agreement of sale dated 104-1990 is liable to be stamped as a sale-deed as contemplated under Article 47-A of Schedule I-A of the Indian Stamp Act (for short the 'Act').2. The petitioner/plaintiff filed the suit agreement in OS No. 101 of 1991 against the respondents/defendants seeking the relief of specific performance of the suit agreement of sale dated 10-1-1990 said to have been executed in his favour by the 3rd defendant, who is the father of defendants 1 and 2. During the course of his evidence, the plaintiff as PW1 sought to mark the suit agreement as exhibit. Objection was taken for such marking on the ground that it is not duly stamped as contemplated under Article 47-A of the Act for treating the same as a sale-deed. In view of the delivery...
Sri Vani Upper Primary School Vs. Secretary to Govt., Education Depart ...
Court: Andhra Pradesh
Decided on: Jun-27-1997
Reported in: 1999(1)ALD260; 1999(1)ALT225
ORDERP.S. Mishra, C.J. 1. Heard.2. Instant appeal under Clause 15 of the Letters Patent of the Court has arisen from the judgment in WP 16249 of 1993 disposing of the petition under Article 226 of the Constitution of India. Learned single Judge has held that the order of removal of the fifth respondent from the service by the petitioner has suffered invalidity of having been not approved by the competent authority.3. According to the appellant the fifth respondent was charged of gross misconduct and indiscipline and after notice to show-cause, enquiry and other formalities she was removed from service. Even though under the scheme of the relevant rules in this behalf the petitioner-appellant could think of the third respondent as the competent authority and several times approached him for the approval of the order, instead, however, of approving the order the concerned authority directed that the fifth respondent be reinstated into service.4. Case of the fifth respondent, however, has...
Mandhadi Ramachandra Reddy Vs. Gopumareddy Ram Reddy and anr.
Court: Andhra Pradesh
Decided on: Jun-27-1997
Reported in: 1997(2)ALD(Cri)189
A.S. Bhate, J.1. The petitioner was accused in C.C. No. 80 of 1995 in the court of the learned judicial Magistrate of the First Class at Suryapet for the alleged offence under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act'). Respondent No. 1 was the complainant. As per the allegations a cheque bearing No. 511253, dated April 30, 1994 was issued by the petitioner towards liability due to previous transaction with respondent No. 1. Respondent No. 1 received the said cheque and presented it at the Suryapet branch itself on May 16, 1994. The said cheque was returned for insufficiency of funds in the account of the petitioner. Thereafter, respondent No. 1 re-presented the said cheque after meeting with the petitioner. The said representation of the cheque was on October 6, 1994. The cheque was again returned for want of funds in the account of the petitioner. This was on October 25, 1994. It may be stated that thereafter there was no further presen...
Mandhadi Ramachandra Reddy Vs. Gopume Reddy Ram Reddy and anr.
Court: Andhra Pradesh
Decided on: Jun-27-1997
Reported in: [1998]93CompCas571(AP)
ORDER1. The petitioner was accused in C.C. No. 80 of 1995 in the Court of the learned Judicial Magistrate of First Class at Suryapet for alleged offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act'). Respondent No. 1 was the complainant. As per the allegations a cheque bearing No. 511253 dated 30-4-1994 was issued by petitioner towards liability due to previous transaction with respondent No. 1. Respondent No. 1 received the said cheque and presented it at Suryapet Branch itself on 16-5-1994. The said cheque was returned for insufficiency of funds in the accounts of the petitioner. Thereafter, respondent No. 1 represented the said cheque after meeting with the petitioner. The said representation of the cheque was on 6-10-1994. The cheque was again returned for want of funds in the account of the petitioner. This was on 25-10-1994. It may be stated that thereafter there was no further presentation of the cheque to the Bank. Respondent N...
Real Food Products (P.) Ltd. Vs. Income-tax Appellate Tribunal
Court: Andhra Pradesh
Decided on: Jun-27-1997
Reported in: [1998]229ITR351(AP)
V. Rajagopala Reddy, J.1. The petitioner-company seeks an appropriate writ to quash the order of the respondent-Income-tax Appellate Tribunal, Hyderabad, in M.P. No. 106/H of 1996, dated April 1, 1997, and to direct the Tribunal to dispose of the appeal afresh. 2. The petitioner-company is engaged in manufacture and sale of biscuits. The Assessing Officer completed the assessment for the assessment year 1990-91 by an order dated November 20, 1992, computing the book profits under section 115J of the Income-tax Act, 1961 (for short 'the Act'), at Rs. 6,19,900. Aggrieved by the said computation, the petitioner took up the matter in appeal to the Commissioner of Income-tax (Appeals) and the appeal was disposed of by an order dated July 6, 1995, confirming the assessment made by the Assessing Officer, following the decision of this court in V.V. Trans-Investments (P.) Ltd. v. CIT : [1994]207ITR508(AP) . The assessee carried the matter in further appeal before the Income-tax Appellate Tribu...
Kona Ramu Vs. the Payakaraopeta Primary Agricultural Co-operative Cred ...
Court: Andhra Pradesh
Decided on: Jun-27-1997
Reported in: 1997(4)ALT45
ORDERR. Bayapu Reddy, J.1. This revision is filed by the plaintiff in the unnumbered suit in G.R.No. 1389, dated 15-3-1994 against the orders of the Principal District Munsif, Yellamanchili dated 26-7-1994 by which the plaint filed by him was rejected under Order 7 Rule 11(d) C.P.C.2. The petitioner had filed the suit against the respondents 1 to 3 seeking the relief of declaration that the loan No. 24403, dated 30-7-1992 and another loan No. 24676, dated 4-8-1992 said to have been granted by the first respondent society to him are null and void and for consequential relief of permanent injunction restraining the defendants from proceeding against him and his properties for realising such loans. The Office took an objection in the lower Court that the suit is not maintainable for want of notice Under Section 126 of A.P. Co-operative Societies Act, 1964 (for short' the Act').3. After hearing the contentions of the learned Counsel for the plaintiff the lower Court came to the conclusion ...
Yadabula Lawrence Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Jun-26-1997
Reported in: 1997(2)ALD(Cri)5; 1997CriLJ4580; 1997(2)LS194
ORDER1. This petition is filed under Section 482 Cr. P.C. to quash the proceedings in CC No. 190/95 on the file of the Addl. Judicial Magistrate of First Class, Kakinada. 2. The Sub-Inspector of Police, Karapa Police Station filed a charge-sheet against the petitioner and another for an offence under Section 420 IPC alleging that the petitioner and another representing themselves as owner and broker respectively, of the firm by name and style M/s. Lenil Traders at Trichur of Kerala State requested the de facto complainant to supply 972 bags of rice on credit basis promising to pay the amount on receipt of consignment at Trichur and took delivery of the rice on 2-4-1993 worth Rs. 4,35,164.40 Ps. and then sent an amount of Rs. 3,90,535/- only and failed to clear of the balance amount of Rs. 73,723.40 Ps. including interest as per the trade custom. After making enquiries, he filed a complaint and the police filed charge-sheet, after investigation. 3. The learned counsel for the petitioner...
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