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Andhra Pradesh Court July 1997 Judgments

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Jul 31 1997

Nusumu Rami Reddy Vs. Government of Andhra Pradesh and ors.

Court: Andhra Pradesh

Decided on: Jul-31-1997

Reported in: 1997(4)ALD522; 1997(2)APLJ356; 1998CriLJ1119

Neelam Sanjiva Reddy, J. 1. An order of detention passed by the District Collector-cum-District Magistrate, Prakasam District under Section 3(1) and (2) r/w Section 2(a) and (b) of the Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (for short 'the Act'), by which one Nusumu Rami Reddy, S/o Rami Reddy, aged about 30 years and resident of Giddalur Town of Prakasam District was detained on the ground that he is a bootlegger, is challenged in this writ petition. 2. In support of the order of detention dated 11-12-1996, three grounds are mentioned by the detaining authority, a copy of which was supplied to the detenu. The three grounds are :- '(1) On 28-7-1996, at about 7.30 p.m. the Prohibition and Excise Inspector, Giddalur with his S.I.S. and staff on credible information proceeded to Sajahan Nagar of Kongalaveedu Road in Giddalur Town and found you in possession of 5 litres of I.D....


Jul 31 1997

N. Rami Reddy Vs. Govt. of Andhra Pradesh, Rep. by Its Secretary, Gad ...

Court: Andhra Pradesh

Decided on: Jul-31-1997

Reported in: 1997(4)ALT522

ORDERNeelam Sanjiva Reddy, J.1. An order of detention passed by the District Collector-cum-District Magistrate, Prakasam District under Section 3(1) and (2) r/w Section 2(a) and (b) of the Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (for short 'the Act'), by which one Nusumu Rami Reddy, s/o Rami Reddy, aged about 30 years and resident of Giddalur Town of Prakasam District was detained on the ground that he is a bootlegger, is challenged in this writ petition.2. In support of the order of detention dated 11-12-1996, three grounds are mentioned by the detaining authority, a copy of which was supplied to the detenu. The three grounds are :-'(1) On 28-7-1996, at about 7.30 p.m. the Prohibition and Excise Inspector, Giddalur with his S.I.s and staff on credible information proceeded to Sajahan Nagar of Kongala veedu Road in Giddalur Town and found you in possession of 5 litres of I....


Jul 30 1997

K. Muralidhar Rao Vs. State of Andhra Pradesh and anr.

Court: Andhra Pradesh

Decided on: Jul-30-1997

Reported in: 1997(6)ALT79; [1998]91CompCas723(AP); 1998CriLJ748

T. Ranga Rao, J.1. This petition is filed under section 482, Criminal Procedure Code, to quash the proceedings in C.C. No. 325 of 1997 on the file of the Fifth Metropolitan Magistrate, Hyderabad. 2. The facts giving rise to the filing of this petition are, briefly, as follows : The second respondent, Genius Financial Services Ltd., filed a complaint against the petitioner for the offences under sections 138 and 142 of the Negotiable Instruments Act (for short, 'the Act'), alleging that the petitioner approached the complainant for a loan of Rs. 3,00,000 and the same was sanctioned on September 17, 1995, repayable on January 17, 1996. He sought extension of time for repayment of the said loan amount from time to time and ultimately issued a cheque for Rs. 50,000 to discharge part of the liability on December 31, 1996, drawn on Canara Bank, Somajiguda Branch, Hyderabad, in favour of the complainant and the same was presented and its was returned from the bank with and endorsement 'funds ...


Jul 29 1997

Lucas Indian Service Limited and ors. Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Decided on: Jul-29-1997

Reported in: 1998(2)ALD(Cri)125; 1999CriLJ1647

ORDER1. This revision case is directed against the Judgment in Criminal Appeal No. 8/1995 on the file of I Additional Sessions Judge, Rajahmandry, dated 29-11-1995 confirming the conviction passed by III Additional Judicial First Class Magistrate, Rajahmandry, in S.T.C. No. 69/1994 against A1 under Rule 2(r) of Standards of Weights and Measures (Packaged Commodities) Rules, 1977, for short 'the Rules', and sentencing him to pay a fine of Rs. 1,000/- and also convicting A2 and A3 under Rule 23(1) of the Rules and sentencing them to pay a fine of Rs. 500/- each. 2. The Senior Inspector of Legal Meterology, Rajahmandry, filed the complaint against the accused in STC. No. 69/1994 alleging that they contravened Rule 2(r) and Rule 23(1) of the Rules. M/s. Madras Auto Services Limited, Rajahmandry, is the wholesale distributor and A3 is the Managing Partner of M/s. Vijayalaxmi Automobiles, Rajahmandry, who is the retail dealer of the said wholesale distributor. On 16-9-1993 the complainant in...


Jul 29 1997

Primary Agricultural Co-operative Society Vs. Nalgonda District Co-ope ...

Court: Andhra Pradesh

Decided on: Jul-29-1997

Reported in: 1997(6)ALT200

N.Y. Hanumanthappa, J. 1. Heard. 2. The petitioner-society filed this writ petition praying to issue an order or direction, more particularly one in the nature of writ of mandamus declaring the action of the respondents in deducting the crop insurance premium from the crop loan amounts to be advanced to the members of the petitioner-society as illegal, arbitrary, unconstitutional and consequently directing the respondents to advance and disburse the crop loan amounts for the year 1988-89 and all further crop loan advances to all the members of the petitioner-society without making any deductions towards crop loan insurance premium on the ground that introducing comprehensive crop insurance scheme, demanding and collecting thepremium for the said scheme from the members of the petitioner-society, in the absence of any obligation on the part of the society or its members to be covered by such scheme is quite arbitrary and illegal. It is further contended that on several occasions amounts...


Jul 29 1997

Sri Venkata Rama Alluminium Co. and ors. Vs. Boddu Narayanamma

Court: Andhra Pradesh

Decided on: Jul-29-1997

Reported in: 1997(4)ALT485

R. Bayupu Reddy, J.1. This revision is filed by the tenants questioning the orders of the appellate authority under Rent Control Act (Subordinate Judge, Rajahmundry) dated 27-11-1995, by which R.C.A. 11/94 filed by the Landlady was allowed thereby setting aside the orders of the Rent Controller in R.C.C. 71/81 dated 7-7-1994 and directing the eviction of the petitioners herein on the ground of bonafide requirement of the demised building for her residential purpose.2. The present respondent and her husband filed R.C.C.71/81 on the file of the Principal District Munsif-Cum-Rent Controller, Rajahmundry seeking eviction of the present petitioners from the demised premises which consists of residential building as well as non-residential building, on the ground, of bonafide requirement for residential purpose of their family, contending that they had fostered one Ramakrishna, who is the son of the brother of the husband of the present respondent and one Subbulakshmi who is the niece of the...


Jul 29 1997

Sri Devi Prasad Steels Pvt. Ltd. Vs. A.P.S.F.C. Ltd. Hyd.

Court: Andhra Pradesh

Decided on: Jul-29-1997

Reported in: 1998(3)ALD169; 1998(1)ALT154; [1998]94CompCas837(AP)

1. The above writ petition is filed for a direction in the nature of Mandamus directing the Respondent Corporation to grant rebate, waiver of Credit Guarantee Commission (CGC) charges and concessional rate of interest to the petitioner and for payment of interest on the amount of excess sale consideration which was withheld by the Respondent-Corporation after the petitioner's unit was put for sale.2. Brief facts are that the petitioner Company was sanctioned a term loan of Rs.28 lakhs on 11-9-1985 for setting up a Steel re-rolling Mill in Pernamitta village, Prakasam District. The said term loan was required to be repaid in 13 half yearly instalments commencing from the two years from the date of the release of any part of the loan by Respondent-Corporation. The repayment of term loan instalments commenced from 11-1-1988. The petitioner unit was affected on account of power cuts imposed by the Electricity Board in the middle of 1987 and suffered set back. State Bank of India, Ongole al...


Jul 29 1997

Uppalapati Krishna Murthy Vs. Government of A.P. Rep. by Its Secretary ...

Court: Andhra Pradesh

Decided on: Jul-29-1997

Reported in: 1997(5)ALT35

ORDERG. Bikshapathy, J.1. The question that arises for consideration in the Writ Petition is (a) whether a person interested is entitled for opportunity under Sub-section (2) of Section 5-A of Land Acquisition Act without filing objections within 30 days of the publication of notice under Section 4(1) of Land Acquisition Act and (b) whether the notice to the occupier under Section 9(3) of Land Acquisition Act is mandatory2. The Writ Petition is filed challenging the Award NO. 2/90 dated 21-7-1990 passed by the 3rd respondent to the extent of 780 sq. yards covered by R.S. No. 88/2A/1A (N.T.S. No. 49/1), Ward No. B, Block No. 22 of Gudivada town.3. The petitioner is the Lessee of an extent of 780 sq. yards situate in Gudivada town referred to above from the original owner Sri Choppara Radha Krishnaiah in the year 1968 for the purpose of establishing a Petrol Bunk. Initially, the lease was for 10 years and it was being renewed from time to time and even today the petitioner is holding the...


Jul 29 1997

Lucas Indian Service Limited and ors. Vs. State of A.P. Rep. by P.P.

Court: Andhra Pradesh

Decided on: Jul-29-1997

Reported in: 1999(1)ALT763

V. Bhaskara Rao, J.1. This revision case is directed against the Judgment in Criminal Appeal No. 8/1995 on the file of I Additional Sessions Judge, Rajahmundry, dated 29-11-1995 confirming the conviction passed by III Additional Judicial First Class Magistrate, Rajahmundry, in S.T.C. No. 69/1994 against A-1 under Rule 2(r) of Standards of Weights and Measures (Packaged Commodities) Rules, 1977, for short 'the Rules', and sentencing him to pay a fine of Rs. 1,000/- and also convicting A-2 and A-3 under Rule 23(1) of the Rules and sentencing them to pay a fine of Rs. 500/- each.2. The Senior Inspector of Legal Metrology, Rajahmundry, filed the complaint against the accused in STC. No. 69/1994 alleging that they contravened Rule 2(r) and Rule 23(1) of the Rules. M/s. Madras Auto Services Limited, Rajahmundry, is the wholesale distributor and A-3 is the Managing Partner of M/s. Vijayalaxmi Automobiles, Rajahmundry, who is the retail dealer of the said wholesale distributor. On 16-9-1993 th...


Jul 28 1997

Bharat Enterprises and anr. Vs. Jocil Ltd. and anr.

Court: Andhra Pradesh

Decided on: Jul-28-1997

Reported in: 1998(1)ALD590; 1998(1)ALD(Cri)56; 1998(1)ALT(Cri)36

ORDER1. This is an application filed under Section 482 Cr.P.C. to quash the proceedings in C.C,No.63/94 on the file of the VII Additional Munsif Magistrate Court, Guntur.2. The facts in brief are as follows:The 1st respondent herein is a registered Company selling Glycerine through its depot at Bombay. The 1st petitioner is the firm, and 2nd petitioner is its proprietor and they are having dealings with the 1st respondent in purchasing the Glycerine. With respect to the amount due to the 1st respondent, the petitioners herein issued three cheques bearing Nos. 1. Cheque No.457230, dated 30-11-93for Rs.50,000/-2. Cheque No.457231,dated 7-12-93 for Rs.l,00,000/-3. Cheque No.457232, dated 15-12-93 for Rs.1,00,000/-----------------Rs.2,50,000/-----------------The said cheques were issued towards part payment of debt due to the 1st respondent, on the Union Bank of India, Bombay. The said cheques were presented to the Union Bank of India through the Andhra Bank Main Branch, Guntur for encashm...


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