Andhra Pradesh Court December 1998 Judgments
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Pulusu Perireddy Vs. Govt. of A.P., Panchayat Raj Dept. Hyd. and Other ...
Court: Andhra Pradesh
Decided on: Dec-31-1998
Reported in: 1999(1)ALD453
ORDER1. These there writ petitions arise out of a Motion of No-Confidence proposed to be moved against the Vice-President of Rentachinthala Mandal Praja Parishad of Guntur District. As common questions of fact and law arise for consideration, they are being disposed of by a common order.2. The petitioner in WP No.31876 of 1998 was elected as Vice-President of the said Mandal Praja Parishad which comprises of 12 members. The petitioner in WP No.31877 of 1998 is the President and petitioners in WP No.32161 of 1998 are Members thereof. Six Members belonged to Congress Party and six to Telugu Desam Patty. Eight out of 12 members gave a written notice of intention to move No-Confidence Motion against the petitioner and on receipt of such a Motion, respondent No.2 issued notice in Form No.V in RC No.2167/ 98-C, dated 28-10-1998 informing all the Members that a meeting of Mandal Praja Parisliad, Rentachinthala shall be held at the Office of Mandal Praja Parishad on 20-11-1998 at 2 p.m. for co...
Andhra University Parirakshana Joint Action Committee, Waltair, Visakh ...
Court: Andhra Pradesh
Decided on: Dec-31-1998
Reported in: 1999(1)ALD439; 1999(1)ALT366
ORDERN.Y. Hanumanthappa, J 1. This writ petition is referred to this Division Bench by a learned single Judge of this Court by order dated 17-9-1997 to decide the question whether Section 18(2) and Section 18(6) of the A.P. Universities Act, 1991 as amended under A.P. Act 13 of 1995 is valid under the provisions of the Constitution of India and whether the G.O. Ms. No.83, Education (UEI-I) Department, dated 18-3-1996 and the decisions taken after the issuance of the said G.O. are a nullity in the eye of law.2. The impugned amendment to the A.P. Universities Act, 1991 (for short 'the Act') mainly deals with the tenure of office of the Board of Management of the University and the quorum as it was existing prior to the amendment and subsequent to the amendment.3. Prior to amendment, Section 18 (2) of the Act reads thus:'Section 18(2): The term of the office of the nominated and elected members shall be three years from the date of constitution of Board of Management.'4. Section 18(2) of ...
K. Laxman Rao Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Dec-31-1998
Reported in: 1999(1)ALD543; 1999(1)ALT506; 1999CriLJ1928
1. This appeal is directed against the judgment of the Special Judge for trial of cases under Scheduled Caste and Scheduled Tribe (Prevention of Attrocities) Act, Mahaboobnagar rendered in SC No.1/ 1991 under which the appellant-accused has been convicted for the offence under Section 376 IPC and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.500/- in default of payment of fine to suffer rigorous imprisonment for three months. The appellant has been acquitted of the charge under Section 3(1)(xii) of SC & ST (Prevention of Attrocities) Act, 1989.2. The facts relating to this appeal may be stated briefly as follows : The victim Chunarker Radha is the daughter of one Mangaiah resident of Chandravalli and she belongs to Scheduled Caste. The accused isa resident of Dhanoor and was a Supervisor-cum-Contractor in M/s. B.C. Shirke and Company Limited, CCC Naspoor. The victim was said to be a minor girl of 14 years. Due to financial problems of the family aft...
D. Ramulu Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Dec-31-1998
Reported in: 1999(1)ALD554; 1999(1)ALT(Cri)612
1. This appeal is directed against the judgment dated 11-3-1993 rendered by the Sessions Judge, Karimnagar in SC No.146 of 1992 tinder which the appellant has been convicted for the offence under Section 304-B, 498-A and 306 of Indian Penal Code and was sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.100/- in default to suffer simple imprisonment for one month for the offence under Section 304-B of IPC; to undergo rigorous imprisonment for three years and to pay a fine of Rs. 100/-in default of undergo simple imprisonment for one month for the offence under Section 498-A of IPC; and rigorous imprisonment for three years and to pay a fine of Rs.100/- in default to undergo simple imprisonment for one month for the offence under Section 306 of IPC.2. The facts relating to this appeal may be stated briefly as follows:The deceased Veeramma was married to the accused about three years prior to her death which occurred on 26-2-1991. The deceased had a son by...
Chaitanya Grameena Bank, Morispet, Tenali Vs. S.V.L. Narayana and Othe ...
Court: Andhra Pradesh
Decided on: Dec-31-1998
Reported in: 1999(1)ALD627; 1999(1)ALT550
ORDER1. This Review Petition is filed by the Chaitanya Grameena Bank represented by its Chairman - the 1st respondent in the Writ Petition No.10500 of 1995 seeking a review of the judgment dated 11-7-1997 in the said Writ Petition.2. The Writ Petition was filed by three Branch Managers of the Cliaitanya Grameena Bank, contending that the seniority list prepared on the basis of ranking assigned at the time of selection should be altered on the basis of joining duty in the said post. The said Writ Petition was allowed relying on the judgment of the Supreme Court in Chairman, Puri Gramya Bank v. Ananda Chandra Das, (1994) 6 SCC 301. The learned Judge while, allowing the Writ Petition directed the 1 st respondent (Review Petitioner) to prepare the seniority list in accordance with the ranking given in the seniority list (sic selection list). Aggrieved by the same, some of the respondents in the Writ Petition filed WA No.1181 of 1997. The said Writ Appeal was dismissed by a Bench consisting...
Md. Kamarudjama, Mandal Revenue Officer, Hanumakonda and Another Vs. E ...
Court: Andhra Pradesh
Decided on: Dec-31-1998
Reported in: 1999(1)ALD715; 1999(1)ALT608; 1999CriLJ1995
ORDERB. Subhashan Reddy, J 1. Atissue, is an important question whether the order passed or direction issued in contempt case by a learned single Judge while discharging the contemner, is appealable under Clause 15 of the Letters Patent 2. Normally, the relevant facts of the case are stated and the legal principles are applied. But, in the instant cases, we may have to state the legal principles first and then dispose of the Letters Patent Appeals in the light of the said legal principles enunciated. 3. Under the Contempt of Courts Act, 1971, which is in addition to the plenary powers of the High Court under Article 215 of the Constitution of India, the High Court is entitled to take up contempt proceedings either suo motu or on initiation of party and decide as to whether there are grounds to exercise the powers to punish the contemner. If the contemner is punished, then there is aright of appeal under Section 19(1) of the Contempt of Courts Act, 1971. If a single Judge exercises the ...
A. Ramaswamy (Died) and Others Vs. K. Rama Murthy (Died) and Others
Court: Andhra Pradesh
Decided on: Dec-31-1998
Reported in: 1999(2)ALD13; 1999(2)ALT1
ORDERN. Y. Hanumanthappa, J 1. This appeal is directed against the order and decree dated 31-7-1992 passed in IA No.1271 of 1991 in OS No.471 of 1990 on the file of the IV Additional Judge, City Civil Court, Hyderabad, rejecting the application filed by the appellants herein under Section 34 of the Indian Arbitration Act, 1940.2. The reference of the parties in this appeal has been mentioned as arrayed before the Trial Court.3. Originally this appeal was filed by the appellants 1 to 5 (defendants 1 to 5) against respondents 1 to 2 (plaintiffs 1 and 2). During the pendency of this appeal 1st appellant-1st defendant and 1st respondent-1st plaintiff died. Hence, appellants 6 to 11 were brought on record as legal representatives of the Istappellant-lst defendant and respondents 3 to 10 were brought on record as legal representatives of the 1st respondent-1st plaintiff.4. Defendants 1 to 5 filed IA No.1271 of 1991 in OS No.471 of 1990 under Section 34 of the Indian Arbitration Act to stay t...
Nimmakayala Chinna Muni Reddy and Others Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Dec-31-1998
Reported in: 1999(2)ALD189; 1999(1)ALD(Cri)459; 1999(1)ALT(Cri)396; 1999CriLJ2298
ORDERA. Hanumanthu, J.1. This appeal is directed against the Judgment in Sessions Case No.120 of 1996 dated 10-8-1998 whereunder the learned Sessions Judge, Cuddapah, convicted these appellants who are four in number (A1 to A4) for the offence under Section 302 IPC read with 34 IPC and sentenced to undergo Rigorous Imprisonment for life and to pay fine of Rs.500/- each and in default to pay the fine to undergo further Rigorous Imprisonment for one month each.2. These appellants and another by name Nimmakayala Nagamuni Reddy (A5) were tried for the murder of one Nimmakayala Ranga Reddy of Gopalapuram village and for causing hurt to Nimmakayala Muni Reddy (PW1) on 16-5-1995 at about 4.40 p.m. near Machupalli Bus Stand in Cuddapah Town.3. The case of the prosecution, in brief, is as follows:(i) All the accused belong to Khajipalli village in Sidhout Mandal, Cuddapah District. A1 and A5 are brothers, A2 and A4 are the brothers-in-law (sisters' husband) of A1, A3 is the son of the maternal ...
Special Deputy Collector, (L.A.O), Anakapalli Vs. Padala Venkata Raman ...
Court: Andhra Pradesh
Decided on: Dec-31-1998
Reported in: 1999(2)ALD115; 1999(2)ALT54
ORDERP. Venkatarama Reddi, J.1. These appeals under Section 54 of the Land Acquisition Act filed by the Special Deputy Collector, Yeleru Left main canal arise out of a common judgment in OP No.56 of 1988 etc., rendered by the subordinate Judge, Anakapalle. Lands of varying extents -between Ac.0.04 cents and 0.49 cents belonging to the respondents were acquired for the purpose of formation of Yeleru left main canal. These lands are situate in S.Nos.99 and 101 of Pisinikada village in Anakapalli Mandal of Visakhapatnam district. The original notification under Section 4(1) of the Land Acquisition Act was published in A.P. Gazette on 8-8-1981. An errata thereto was published in the Gazette dated 11-1-1982. The Land Acquisition Collector (LAO) passed Award No.34 of 1985 on 7-8-1984, determining market value of the land at the rate of Rs. 18,495/- per acre. In this particular case, no mention was made in the award about the existence of any trees, wells and structures. Compensation was awar...
Land Acquisition Officer-cum-special Deputy Collector Vs. Annam Reddi ...
Court: Andhra Pradesh
Decided on: Dec-31-1998
Reported in: 1999(5)ALD376; 1999(5)ALT74
ORDERP. Venkatarama Reddi, J 1. Inall these cases, there are delays ranging between 94 days to 550 days in preferring the appeals under Section 54 of the Land Acquisition Act. The appellant namely, the Revenue Divisional Officer, Narsipatnam (who is also incharge as Special Deputy Collector, Land Acquisition) has filed applications for condonation of delay supported by affidavits explaining the delay. The appeals arise out of the judgments and decrees passed by the, then Subordinate Judge, Chodavgram in the references under Section 18 of the said Act. Altogether, three affidavits have been filed either because the original affidavit filed did not clearly bring out the facts having a bearing on the delay or because there was a change of the Officer during the relevant time. We will first advert to the condone delay petitions (CMP Nos.5654 of 1998 etc.,) filed in the appeals preferred against the batch of OPs.47 to 72 of 1992. OP 62 of 1992 and 26 other OPs. of 1992 were disposed of in a...
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