Andhra Pradesh Court July 1997 Judgments
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G. Ravikumar Vs. S. Ravindranath and anr.
Court: Andhra Pradesh
Decided on: Jul-28-1997
Reported in: 1997(2)ALD(Cri)466; 1998CriLJ1450; 1997(2)LS354
ORDER1. This is an application filed under S. 482, Cr.P.C. to quash the proceedings in C.C. No. 369/84 on the file of the X Metropolitan Magistrate, Secunderabad initiated against the petitioner herein by the 1st respondent. 2. The facts in brief, are as follows : The petitioner herein issued a cheque bearing No. 432518, dated 9-2-1994 in favour of the 1st respondent for Rs. 95,000/- on State Bank of India, Mudford Branch, Secunderabad. The 1st respondent through his, banker, Canara Bank, M.G. Road Branch, Secunderabad presented the cheque for encashment on 9-2-1994 and the same was returned with the endorsement 'Funds insufficient' and the same was intimated by the banker on 10-2-94. The 1st respondent once again presented the cheque for encashment on 12-3-1994, but the same was returned once again with endorsement 'Funds insufficient' and the same was received by the bank of the 1st respondent on 15-3-94. Thereupon, the notice, dated 22-3-1994 was issued to the petitioner calling upo...
B. Madhusudhan Reddy Vs. State of Andhra Pradesh, Rep. by Chief Secret ...
Court: Andhra Pradesh
Decided on: Jul-28-1997
Reported in: 1997(5)ALT8
P.S. Mishra, C.J.1. A student of Osmania University has filed the instant petition in public interest under Article 226 of the Constitution of India. Basing upon newspaper reports of the alleged attrocities on the tribal folk in the agency hamlets in West Godavari District of the State, the petitioner has stated that for the past two or three months, he was reading about the problems of the tribals and the conflict between tribals and non-tribals in the agency area of the District in general and villages in Gilugumilli Revenue Mandal in particular. Stated in brief, according to the petitioner, the conflict between the tribals and non-tribals started when non-tribals invaded into the forest and the livelihood of the tribals were taken away. Non-tribals, according to the petitioner, destroyed the very culture and tradition of the tribals as also their very source of the livelihood. Laws were enacted such as Andhra Pradesh (Scheduled Areas) Estates (Abolition and Conversion into Ryotwari)...
Nima Kaur Vs. Surjith Singh and ors.
Court: Andhra Pradesh
Decided on: Jul-28-1997
Reported in: 1997(5)ALT183
ORDERM.H.S. Ansari, J.1. Aggrieved against the order rejecting the application for impleading the unsuccessful petitioner, has filed the above Revision Petition.2. The suit O.S.No. 54 of 1981 has been filed by Respondent No. 1 against Respondents 2 and 3 herein in respect of the properties left behind by one Santh Singh. Respondent No. 1 claims to be the adopted son of Santh Singh Respondent No. 2 -(Jugna Bai) is the second wife of the said Santh Singh and defendant No. 2 in the suit, Respondent No. 3 herein is daughter and is defendant No. 3 in the said suit. The petitioner herein claims to be a foster daughter of the said Santh Singh and entitled to a share in the estate of Santh Singh by virtue of a Settlement Deed (Ex.B-2) and therefore claimed to be a necessary and proper party to the suit O.S.No. 54 of 1981. A preliminary decree was passed by the Court on 11-10-1990 and an application LA.No. 697 of 1993 filed by the plaintiff for passing the final decree is pending adjudication a...
Chittoor District Co-operative Marketing Society Ltd. Vs. Sri Jyothi T ...
Court: Andhra Pradesh
Decided on: Jul-25-1997
Reported in: 1997(2)ALD(Cri)282; [1999]96CompCas609(AP)
T. Ranga Rao, J. 1. This petition is filed under section 482 of the Criminal Procedure Code, 1973, to quash the orders dated January 4, 1997, in Criminal Revision Petition No. 5 of 1995, on the file of the Sessions Judge, Chittoor. 2. The facts giving rise to the filing of this petition are, briefly, as follows : The first respondent filed a complaint against the petitioner for an offence under section 138 of the Negotiable Instruments Act, 1881, alleging that the complainant is doing business in the name and style of Sri Jyothi Trading Company, dealing in pesticides and chemicals fertilisers and the accused has been carrying on dealings with the complainant firm by purchasing chemical fertilisers on credit system and has been found due a sum of Rs. 2,28,600 and then the accused issued ten cheques for Rs. 20,000 each and one cheque for Rs. 200 on June 7, 1993, to be drawn on Central Bank Limited, Chittoor, and also issued two more cheques on June 12, 1993, one for Rs. 20,000 and anothe...
S. Krishna Murthy Vs. Indian Overseas Bank, Madras and Others
Court: Andhra Pradesh
Decided on: Jul-25-1997
Reported in: 1999(2)ALD154
ORDER1. In the instant writ petition the petitioner challenges the action of the 2nd respondent in issuing charge-sheet dated 17-10-1995 and appointing the 3rd respondent as the enquiry officer.2. The facts in brief are that the petitioner is a Scale-11 officer in Indian Overseas Bank at Vijayawada. While working at Vijayawada, he was transferred on 15-7-1994 to Palna branch in the erstwhile Calcutta Zone. He was relieved at Vijayawada on 15-10-5994. The petitioner, however, without joining at Patna, remained absent unauthorisedly. He applied for medical leave on the same day enclosing medical certificate. Though leave has not been sanctioned, as sought for, he had been extending the leave from time to time and on 9-5-1995 he was informed that the leave was declined to him and his period of absence was treated as unauthorised absence. Since he did not report to duty, he was issued the charge-sheet dated 7-10-1995, alleging misconduct within the scope of Indian Overseas Bank Officer Emp...
M. Kunja Sampathamma Vs. Station House Officer, Chirala P.S. and ors.
Court: Andhra Pradesh
Decided on: Jul-25-1997
Reported in: 1997(5)ALD613; 1997(4)ALT565; 1997(3)APLJ5; 1998CriLJ621
C.V.N. Sastri, J.1. A telegram issued by the petitioner herein to this Court stating that her son Kunja Babu was kidnapped by police in car bearing No. A.P. 9P757 on 11-7-1996 night at 2 a.m. and that his life is in danger, was taken up as a writ petition. 2. Initially a counter-affidavit was filed by the Sub-Inspector of Police, Vetapalem Town Police Station, Chirala, denying the allegations in the telegram of the petitioner and further stating that the detenu is not wanted nor are any cases pending against him in the police station in the Chirala town. It is further stated in the counter-affidavit that the detenu is a habitual offender in property cases, that there are cases pending against him in Nuzvid and Rajahmundry and that on enquiries made as to his whereabouts, it is found that the detenu is moving freely in Chirala town and that he is living with his family members at his residence in Vizilipeta, Chirala town and that he is not in police custody. 3. As per our direction, the...
Dr. I. Prakash Kumar Vs. the University of Health Sciences Rep. by Its ...
Court: Andhra Pradesh
Decided on: Jul-25-1997
Reported in: 1997(5)ALT197
P.S. Mishra, C.J.1. Instant appeal under Clause 15 of the Letters Patent of the Court has arisen from the Judgment in a petition by the appellant under Article 226 of the Constitution of India alleging, inter alia, that he has been failed in the Post Graduate annual examination of M.S. General Surgery conducted in January, 1996 in an unjust manner and sought the relief accordingly of getting work sheets of both theory and practical (clinical) re-evaluated and if successful in re-valuation to declare his result accordingly.2. According to the petitioner - appellant he was a bright student throughout his academic career having secured 6th rank in the entrance examination for medical course in 1976 and after doing his M.B.B.S., joined Government Service, applied for Post Graduate Medical Course under the Service category, secured 2nd rank in the entrance test for the said purpose and accordingly he was allowed to sit in M.S. General Surgery Course. Because of his ill-health, however, he c...
Sri Srinivasa Trading Co. and ors. Vs. State of Andhra Pradesh and anr ...
Court: Andhra Pradesh
Decided on: Jul-24-1997
Reported in: 1997(2)ALD(Cri)249; [1999]96CompCas915(AP); 1998CriLJ903
ORDER1. This petition is filed under section 482, Cr.P.C. to quash the proceedings in CC No. 376 of 1995 on the file of the VIII Metropolitan Magistrate, Vijayawada. 2. The facts in giving rise to the filing of this petition are, briefly, as follows :- It is mentioned in the complaint that the second respondent is the company and manufactures DAP and other fertilizers. The first petitioner is the firm represented by its Managing Partner, the second petitioner, and did business in the name and style of Sri Srinivasa Trading Company at Pamidipadu, Guntur District and the petitioners 2 and 3 are the partner of the first petitioner firm. It is further alleged that the company used to supply fertilizers and chemicals to the petitioners on credit and when the accounts were settled, the first petitioner issued a cheque for Rs. 2,92,072.62 ps. drawn on Andhra Bank, Vinumonda Branch along with a letter requesting to present the cheque in second week of May, 1993 and accordingly, they presented ...
M.A. Aziz Vs. A.P. State Wakf Board and anr.
Court: Andhra Pradesh
Decided on: Jul-24-1997
Reported in: AIR1998AP61
ORDERB.K. Somasekhara, J.1. The petitioner claiming to be the Secretary of the Managing Committee of Madina Masjid, situated on Station Road, Secunderabad has assailed the proceedings No. 133/Hyd.III/JI/ Kulyath/86/dated 19-10-96 of the Chairman of respondent No. 1, as illegal and unconstitutional and further seeks a direction to respondent No. 1 to continue the Managing Committee of the petitioner in the management of the Madina Masjid (for short 'the Mosque'). Respondent No. 1 is the A.P. State Wakf Board and respondent No. 2 is described as the Managing Committee of the Mosque represented by its President, Janab Mohd. Nazeer. The reason behind such assailment can be found in the facts disclosed from the petition and the counter-affidavit filed on behalf of the respondent No. 1. It appears that originally the Mosque was a small one and it was being looked after by its Muthawalli, late Md. Ibrahim. The petitioner claims that after the death of Md. Ibrahim, a Committee comprising respe...
Shaik Galib Saheb Vs. Ponnala Radha Krishna and ors.
Court: Andhra Pradesh
Decided on: Jul-24-1997
Reported in: 1997(4)ALT629
ORDERV. Bhaskara Rao, J.1. This Civil Revision Petition is directed against the order in I.A.No. 4475 of 1993 in unregistered C.M.A. on the file of the learned District Judge West Godavari at Eluru, refusing to condone the delay of 252 days in filing the said C.M.A.2. The facts leading to this Revision Petition in brief are that the revision petitioner filed E.A.No. 856/92 on the file of I Additional District Munsif,Eluru, under Order 21 Rule 90 C.P.C. for setting aside the sale held in E.P. No. 74/83 on 8-7-1991. The auction purchaser as well as decree-holder have resisted the above petition and it was posted for enquiry on 1-3-1993. As the revision petitioner as well as his advocate were absent, the said E.A. was dismissed for default. Thereupon, he filed E.A.No. 296/93 seeking restoration of E. A.No. 856/92 and that petition was also contested by the auction purchaser and the decree-holder. The learned Additional District Munsif, Eluru, dismissed the same on merits on 2-9-1993. That...
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