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Andhra Pradesh Court August 1997 Judgments

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Aug 01 1997

Public Prosecutor, High Court of A.P., Hyderabad Vs. Yerra Arjuna

Court: Andhra Pradesh

Decided on: Aug-01-1997

Reported in: 1998(1)ALD148; 1997(2)ALD(Cri)792

ORDERV. RAJAGOPALA REDDY, J 1. Therespondent was charged under Sections 302 and 394 IPC. He was not found guilty for the said offences, but was found guilty for the offence under Section 411 IPC and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.2,000/- in default to suffer rigorous imprisonment for one year. This appeal is filed by the State against the acquittal of the respondent for the offence under Sections 302 and 394 IPC.2. The facts in brief, are : Two months before the incident on account of disputes between the accused and the deceased, the accused was fined Rs.300/- in the Panchayat. On 21-1-1995, in the morning hours when the deceased was in the outskirts of the village, in the fields in plantain tope of one J. Krishna, the accused cut her with a knife on her neck with an intention to kill her and robbed her ornaments from her body. He cut away her two ear lobes, right nostril and removed her gold ornaments. The deceased died instantaneou...


Aug 01 1997

Pallapolu Narasimha Rao Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Decided on: Aug-01-1997

Reported in: 1997(2)ALD(Cri)460; I(1999)DMC204

V. Rajagopala Reddy, J. 1. The sole appellant in this case was convicted for the offence u/S. 302, I.P.C. and sentenced to undergo imprisonment for life. 2. The facts of the case, in brief, are as follows : The accused was working as an Attender in the City Civil Court, Hyderabad. He was a married person having children. The husband of the deceased, who was working as attender in the City Civil Court, died and after his death the deceased was given the job of Attender, on compassionate grounds and she was working in the Metropolitan Sessions Judge's Court, Hyderabad. The accused developed illicit intimacy with the deceased and ultimately married her at Yadagirigutta. The accused and the deceased were residing at Dhobigalli, Malakpet, Hyderabad. The accused used to come home fully drunk and beat the deceased, suspecting her fidelity. On 23-3-1994, when the deceased returned home from duty at about 6 p.m., the accused questioned her as to why she came late. The deceased in reply, stated ...


Aug 01 1997

Samuel Rajendram Maisa Vs. K. Krishna Rao and anr.

Court: Andhra Pradesh

Decided on: Aug-01-1997

Reported in: 1997(2)ALD(Cri)448; 1997(3)APLJ18; 1998CriLJ231

ORDER1. This Revision is directed against the order passed by the First Additional Judicial First Class Magistrate, Khammam in Crl.M.P. No. 649 of 1996 in C.C. No. 396 of 1995 dated 21-9-1996; whereby the respondent has been discharged of the offence under section 500, IPC. 2. The facts giving rise to this revision in brief are that the respondent who was the District Educational Officer-Cum-District Commissioner of Scouts and Guides, Khammam, suspended the wife of the complainant, namely, Smt. Suguna Rajendram from the post of Secretary, District Scouts and Guides Association, Khammam, (vide confidential proceedings in R.C. No. 2081/B5/BSG/93, dated 15-10-1995) in which he had mentioned the following facts at page No. 6. In a petition given by certain Assistant Secretaries and Council members and others, they have narrated certain 'indiscipline and obscene activities indulged by the present Secretary Smt. Suguna Rajendram and Hanumantha Rao, ASOC, Guides, in Police Parade ground, Kham...


Aug 01 1997

The Public Prosecutor Vs. Yerra Arjuna

Court: Andhra Pradesh

Decided on: Aug-01-1997

Reported in: 1998CriLJ179

V. Rajagopala Reddy, J.1. The respondent was charged under Ss. 302 and 394. I.P.C. He was not found guilty for the said offences, but was found guilty for the offence under S. 411, I.P.C. and sentenced to undergo R.I. for three years and to pay a fine of Rs. 2,000/- in default to suffer R.I. for one year. This appeal is filed by the State against the acquittal of the respondent for the offence under Ss. 302 and 394, I.P.C. 2. The facts in brief, are : Two months before the incident on account of disputes between the accused and the deceased, the accused was fined Rs. 300/- in the Panchayat. On 21-1-1995, in the morning hours when the deceased was in the outskirts of the village, in the fields in Plantain tope of one J. Krishna, the accused cut her with a knife on her neck with an intention to kill her and robbed her ornaments from her body. He cut away her two ear lobes, right nostril and removed her gold ornaments. The deceased died instantaneously. The accused had been absconding and...


Aug 01 1997

Kifayath Ali Khan Vs. K.S. Krishna Sharma and ors.

Court: Andhra Pradesh

Decided on: Aug-01-1997

Reported in: 1997(5)ALT101

ORDERLingaraja Rath, J.1. This appeal has been directed against the order of the learned Single Judge setting aside the judgment and decree in O.S.No. 296 of 1982 on the file of the learned Additional Chief Judge, City Civil Court, Hyderabad and remanding the matter to the trial Court with directions to allow the present Respondent No. 8 to come on record, permitting her to file written statement, frame an additional issue and directing the trial Court to proceed with and dispose of the entire suit on merits afresh. The order is purported to be passed under Order VDI Rule 10 C.P.C.2. The plaintiff-1st respondent (sic. appellant) brought the suit claiming certain reliefs concerning the alleged misdeeds and frauds committed by one Late Mr. Seshachalapathi impleading his son Krishna Sarma and two daughters - Indira and Hymavathi as the Defendants. Later on, the widow of Seshachalapathi was impleaded as the Defendant No. 4. Thereafter, I.A.No.189 of 1983 was filed by the plaintiff on 13-4-...


Aug 01 1997

Matlapudi Sambaiah Vs. Union of India (Uoi), Rep. by the Asst. General ...

Court: Andhra Pradesh

Decided on: Aug-01-1997

Reported in: 1997(5)ALT281

ORDERB.S.A. Swamy, J.1. Heard the learned Counsel for the petitioner, Mr. M. Radhakrishna.2. In this writ petition this Court is called upon to decide whether an allottee of a STD booth under a scheme promulgated by the Telecommunication Department can be termed as a subscriber and whether the Indian Telephone Rules (hereinafter called as Rules) are applicable to him or not.3. The petitioner who is a licencee for STD booth No. 425126 at Vijayawada filed this Writ Petition questioning the action of the respondents in disconnecting the telephone without communicating the orders passed on the explanation submitted by him pursuant to the showcause notice given by them.4. The relevant facts of this case are that the respondents evolved a scheme of providing employment opportunities to the uneducated youth and physically handicapped etc. Under the scheme the persons selected have to enter into an agreement incorporating the terms and conditions of the licence. On allotment of STD booths comm...


Aug 01 1997

L.A.O. Special Dy. Collector Vs. T. Bhaskar

Court: Andhra Pradesh

Decided on: Aug-01-1997

Reported in: 1997(5)ALT254

P. Venkatarama Reddi, J.1. An extent of Ac.9-07 guntas of dry land situate in Sy.Nos. 146 and 155 of Bheemaram village, Warangal district was acquired for the purpose of excavation of Kakatiya Canal. The notification under Section 4(1) of the Land Acquisition Act was published on 12-3-1979. That notification relates to some other lands as well. The Land Acquisition Collector by his Award dated 22-2-1980 awarded compensation at Rs. 3,100/- per acre and a sum of Rs. 21,873/- for the well (including Syphon system).2. On reference under Section 18 of the Act the Subordinate Judge, Warangal enhanced the compensation by fixing the market value at Rs. 10,000/- per acre. For the well and 'syphon system', the compensation was increased and fixed at Rs. 35,000/-. Aggrieved by this Award of the civil Court, the State filed this appeal under Section 54 of the Act. The claimant-Respondent filed his cross-objections seeking enhancement of compensation at Rs. 18,000/- per acre.3. Before the lower Cou...


Aug 01 1997

Government of A.P. Rep. by Its Secretary, Education Department and anr ...

Court: Andhra Pradesh

Decided on: Aug-01-1997

Reported in: 1998(1)ALT250

P.S. Mishra, C.J.1. This appeal under Clause 15 of the Letters Patent is preferred by the Government of Andhra Pradesh and the Director of School Education, against the judgment of a learned single Judge of this Court in a petition under Article 226 of the Constitution of India.2. Writ petitioner - first respondent has invoked this Court's jurisdiction under Article 226 of the Constitution of India for a direction to the appellants herein to grant permission for establishment of a college for imparting education in B.Ed. Course. After the petition was filed in this Court, the appellants issued G.O.Rt.No.2091 dated 23-12-1993 refusing permission to the petitioner-respondent to run the B.Ed. College at Nellore. The petition was thus amended and the said G.O. is challenged on the ground that it is violative of Article 14 of the Constitution of India. Learned single Judge has accepted the case of the petitioner-respondent that its application for grant of permission to establish the colleg...


Aug 01 1997

Karasani Kulanda Reddy (Died) and ors. Vs. Kathi China Venkata Reddy

Court: Andhra Pradesh

Decided on: Aug-01-1997

Reported in: 1997(5)ALT672

B.V. Ranga Raju, J.1. This second Appeal is preferred by the legal representatives of the deceased first plaintiff against the judgment in Appeal Suit No. 183 of 1978 on the file of II Additional District Judge, Guntur.2. The suit in O.S. No. 100 of 1971 was filed for recovery of possession of plaint schedule property and for past profits. O.S. No. 12 of 1973 was also filed by him for rendition of accounts along with the above suit and both the suits were tried together. The trial Court decreed the suit in O.S. No. 100 of 1971 and dismissed the suit in O.S. No. 12 of 1973. The matter was carried in appeal and cross-appeals were also preferred therein. The appellate Court dismissed the appeal but modified the grant of future profits from the date of suit till the date of possession. However, no appeal was preferred against the decree and judgment in O.S. No. 12 of 1973. The matter was then carried in Second Appeal and this Court in Second Appeal No. 417 of 1981 remanded the matter to th...


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