Andhra Pradesh Court August 1997 Judgments
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Javvadi Sriranganayakulu and anr. Vs. Sabbella Pulla Reddy and ors.
Court: Andhra Pradesh
Decided on: Aug-14-1997
Reported in: 1998(1)ALD78; 1997(6)ALT173
1. The plaintiffs are theappellants. Their suits instituted under Section 78 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966 (for short, 'the Endowment Act') for setting aside the order passed by the 2nd defendant under Section 77(1)(a) of the Endowment Act, whereby the suit house, suit Ramalayam and the suit lands have been declared as public charitable endowments and recovery of the suit house has been ordered, has been dismissed.2. It is no longer in controversy before me that the 1st plaintiff, his father late Jawadi Laxmayya Naidu, his uncle late Narasimhamiirthy and his (late Namsimhamurihy 's) adopted son namely late Jawadi Venkata Ramasastry who was the father-in-law of the 2nd plaintiff and the 2nd plaintiff's husband, namely Jawadi Narasimharao were members of a Joint Hindu Family and had considerable movable and immovable properties in Penugonda Village. Late Laxmayya Naidu was a renowned philanthropist and a patron of arts and lite...
Shaik Mahaboob Basha Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Aug-14-1997
Reported in: 1997(5)ALD711; 1997(2)ALD(Cri)598; 1997(3)APLJ108; 1998CriLJ171
1. This appeal is filed against the judgment in S.C. No. 115/95 convicting the accused under section 8(c) r/w 20(b)(i) of the N.D.P.S. Act and sentencing him to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 500/-, in default to suffer simple imprisonment for a period of one month. 2. The case of the prosecution is that the Asst. Commissioner of Excise (Enforcement), Nellore along with officers and staff visited the house of the accused located in Gundamkatta in 15th ward of Kandukur and found the accused person at the house and that after serving search proceedings to the accused, searched the house of the accused in the presence of mediators and during search a paper packet was found in the eastern side roof of the house of the accused and that on opening the packet it was found to be Ganja weighing 250 grams - and the accused did not account for possession of Ganja and that 30 grams of Ganja was sent for Chemical Examination and the accused was arr...
Meenavalli Balaram Vs. Nadlapatla Satya Pavani Vardhanamma
Court: Andhra Pradesh
Decided on: Aug-14-1997
Reported in: 1997(5)ALT20
ORDERV. Bhaskara Rao, J.1. This revision petition arises from an order in CMA.SR.No. 3086/1997 returning the C.M.A. as not maintainable since the impugned order was passed Under Section 151 of the Code of Civil Procedure and not covered by Order 43 Rule 1 Clause (r) of the Code of Civil Procedure.2. The revision petitioner is defendant in O.S.No. 486/1996 and respondent in IA.No. 2450/1996 which is filed under Order XXXIX Rule 1 of the Code of Civil Procedure for temporary injunction. The revision petitioner filed a counter therein and he is contesting the same. While that petition was pending, the respondent-plaintiff filed I.A.No. 3271 /1996 purportedly Under Section 151 C.P.C. and sought for a similar remedy though styling it differently. The learned Principal District Munsif, Eluru, allowed that petition on the ground that no counter has been filed by the revision petitioner. Aggrieved by the above order, the revision petitioner filed C.M.A. before the Principal District, Judge, El...
Dr. V. Sitalakshmi Vs. Registrar, A.P. University of Health Science, V ...
Court: Andhra Pradesh
Decided on: Aug-14-1997
Reported in: 1998(4)ALD455
ORDER1. This writ petition is directed against the order of the Principal of the S.V. Medical College dated 8-7-1997 by which the petitioner was informed that she is eligible to appear for the University examinations only after completion of three years duration of course by putting required attendance from the date of joining into M.D. (O&G;) course. He hias further stated that she will complete her three years duration of course by 9-6-1998 only.2. The background of this case is that the petitioner appeared for the entrance examination for P.G. course for the academic year 1993-94 as an in-service candidate working as a doctor from 1981. Pending her admission, she joined the diploma course in Gynaecology on 2-8-1993. Due to orders of this Court regarding revaluation of the entrance test papers she became eligible on being considered for the Post Graduate Course. She, therefore, joined M.S. (General Surgery) .course on 5-9-1994. Later she came to know that another student who was admi...
Etkur Subrahmanyam Vs. Andhra Pradesh State Financial Corporation
Court: Andhra Pradesh
Decided on: Aug-13-1997
Reported in: 1997(5)ALT793; [1998]94CompCas843(AP)
S.V. Maruthi, J. 1. This civil revision petition is filed against the order in C.M.A. No. 3 of 1995, dated June 12, 1996, on the file of the Subordinate-Judge, Nandyal. C.M.A. No. 3 of 1995, is filed against the order in I.A. No. 446 of 1994, in O.S. No. 240 of 1994, on the file of the Principal District Munsif, Nandyal. 2. By the impugned order, the learned Subordinate-Judge while confirming the order of the District Munsif in I.A. No. 446 of 1994, dismissing the I.A., held that the petitioner/appellant-plaintiff purchased two cents of land under exhibit A-3 sale deed dated December 10, 1993, from the second defendant. But, prior to the said sale, the second defendant deposited his title deeds exhibits B-4 and B-5 and also executed hypothecation deeds exhibits B-6, B-7 and B-8, in favour of the first defendant and that the first defendant filed exhibits B-4 and B-5 registered sale deeds dated December 27, 1991, and May 20, 1991, respectively, under which the second defendant had purch...
Suraj theatre and ors. Vs. Kakarla BhoraThe and anr.
Court: Andhra Pradesh
Decided on: Aug-13-1997
Reported in: 1997(2)ALD(Cri)610; [1998]94CompCas590(AP); 1998CriLJ43
ORDER1. This petition is filed under section 482, Cr.P.C. to quash the proceedings in CC No. 220/95 on the file of the III Metropolitan Magistrate, Vijayawada. 2. The facts in giving rise to the filing of this petition are briefly as follows : The first respondent represented by the General Power of Attorney Holder, filed a complaint against the petitioners under sections 138 and 142 of the Negotiable Instruments Act alleging that A-1 is a partnership firm with its office at Vuyyuru, Krishna District. A-2 is the Managing partner and A-2 to A-5 are the partners of the said firm. It is further stated that A-2 to A-5 as partners of the A-1 firm, are incharge and responsible and playing active role in the management and in day to day conduct of business of A-1 firm. It is further alleged that A-1 borrowed Rs. 30,000/-, Rs. 21,000/- and Rs. 30,000/- on 28-11-1988, 7-12-1989 and 28-9-1994 respectively and executed promissory notes promissing to pay interest at 30% per annum and issued cheque...
Pentapati Veerababu Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Aug-13-1997
Reported in: 1998(2)ALD787; 1998(1)ALD(Cri)522; 1998(2)ALT(Cri)187; 1998CriLJ2505
1. This Criminal Revision Case is directed against the judgment in Criminal Appeal No.280/93 on the file of First Additional Sessions Judge, Rajahmundry, dt.5-2-1996 confirming the conviction under Section 411 IPC and sentence of rigorous imprisonment of 1 1/2 of years and fine of Rs. 1,0(XV- in default simple imprisonment for four months passed against the revision-petitioner herein in C.C.No.80/93 on the file of Judicial First Class Magistrate, Alamuru, dtl5-ll-1993.2. The prosecution case in brief is that the Revision-Petitioner was employed in the shop of Sri Shanihi Textiles of P.W.I on weekly wage basis. On 5-6-1993, P.W.I kept acash bundle of Rs. 15,0007- in a wooden cash-box while his father had kept another currency bundle of Rs.85,0007- in another cash box and they closed the shop at about 1.30p.m. and locked the doors and went away. On6-6-1993 at about 7.00 am. P.W.I came to the shop, opened it as usual and noticed that the cash bundle of Rs.15,0007-was missing from the cash...
Srikakulam Municipality, Rep. by Its Commissioner Vs. Baratam Ramamurt ...
Court: Andhra Pradesh
Decided on: Aug-13-1997
Reported in: 1997(6)ALT518
ORDERMotilal B. Naik, J.1. This second appeal arises out of the Judgment and Decree dated 31-3-89 in A.S. No. 18/88, on the file of the Additional Subordinate Judge, Srikakulam.2. The appellant-defendant is Srikakulam Municipality and is represented by its Commissioner. The respondent-plaintiff filed suit OS. No. 142 of 1984 on the file of the Principal District Munsif, Srikakulam, for declaration that the tax enhanced in respect of house bearing Asst. No. 4451 of Srikakulam Municipality bearing 8-9-27, 8-9-28/1, situated in Chittaranjan Street, from Rs. 28/- to Rs. 316/- for half year is arbitrary, unjust and consequentially for an injunction restraining the defendant-Municipality from collecting the enhanced tax, and for costs of the suit.3. According to the plaintiff, the defendant-Municipal authorities while assessing and revising the property tax have failed to follow the procedure contemplated under Section 87(2) of the A.P. Municipalities Act, 1965, and therefore, the levy of pr...
Madugula Kanakadurga Vs. Bollapraguda Kameswari and ors.
Court: Andhra Pradesh
Decided on: Aug-13-1997
Reported in: 1997(5)ALT797
ORDERV. Bhaskara Rao, J.1. The order in I.A. No. 80/97 in O.S.No. 313/89 on the file of Principal District Munsif, Narsapur, dt. 27-3-1997, refusing to set aside the ex parte order dt. 10-11-1989 in the suit under Order IX Rule 7 C.P.C. is challenged in this Revision Petition by D.1 herein.2. The petitioner herein filed her affidavit in support of her petition stating that her son (D.2) informed her about the suit and she learnt that she was set ex parte on 10-11-1989. She asserted that her husband never married R.1 herein and that she is enjoying the family pension of her husband till this date and hence she wants to contest the suit. She asserted that R-l deliberately avoided to send summons to her with a view to deprive her of the pension and hence the ex parte order dt. 10-11-1989 may be set aside and she may be permitted to file a written statement.3. R.1 plaintiff filed a counter denying the material averments. She asserted that she is the wife of late Madugula Satyanarayana and ...
G.Bali Reddy and ors. Vs. Regional Transport Officer and anr.
Court: Andhra Pradesh
Decided on: Aug-12-1997
Reported in: II(1998)ACC480; 1998(2)ALD92; 1998(2)ALT364
ORDER1. Aggrieved by the action of the respondents in trying to collect compounding fee even after the judgment of this Court in Writ Petition No.9936 of 1995 dated 23-11-1995 for the alleged violation of Section 192(A) of the Motor Vehicles Act, 1988, the present writ petition is filed.2. It is his further grievance that not only the transport officials but also the police officials are collecting the compounding feewhich is contrary to the judgment of this Court. The factual background of this case is that the State Government issued G.O.Ms.No.54, Transport R& B (Tr.II) Department, dated 31-3-1995 in exercise of its powers under Section 200 of the Motor Vehicles Act, specifying the compound fee for various offences under the Motor Vehicles Act and also empowered certain officers of Transport Department as well as the Police Department to compound the offence. In that G.O., offences under Section 192(A) of the Act i.e., plying of the vehicles without permission or contravention of the...
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