Andhra Pradesh Court February 1998 Judgments

Jajjara Venkateswarlu Alias Kothulodu Vs. State of A.P.

Court: Andhra Pradesh

Reported in: 1998(1)ALD(Cri)500; 1998(1)ALT(Cri)313; 1998CriLJ3485

Motilal B. Naik, J.1. The sole accused in S.C. No. 200 of 1994 on the file of the Additional District and Sessions Judge, Ongole is the appellant before us who has been tried for the offence under Section 302, I.P.C. and has been sentenced to suffer rigorous imprisonment for life, and to pay a fine of Rs. 100/- in default to suffer imprisonment for one week.2. The gravamen of the charge against the accused is that on 23-3-1993 at about 2.00 p.m. he committed murder intentionally by causing death of one Bodhu Adiseshe s/o. Aukaiah by stabbing with a knife on the left portion of the stomach and on the back.3. The case of the prosecution in brief is as follows :-The accused is a resident of Padarthi village and the deceased as well as the material witnesses are the residents of Madanuru village. PW I is the wife' of the deceased, PW 2 is the neighbour of PW 3, /and PW 3 is the wife of the accused. The deceased is a neighbour of PW 3's parents house. the accused and PW 3 were married and h...

Pydah College Vs. E. Mohan Rao and Another

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. The opposite party No. 1 in Consumer Case No. 563/1994 before the Visakhapatnam District Forum is the appellant before us questioning the order of that District Forum dated 25.10.1997 partly allowing the same and directing the appellant herein to pay to the complainant (first respondent herein) a sum of Rs. 6,250/- within two months together with interest @ 15% per annum if the same was not paid within two months from the date of the order and also costs of Rs. 500/-. 2. The complainant is father of E. Kiran Kumar who applied for a seat in the Post Graduate course run by the appellant for a degree of Master of Computer Application (MCA Course for short). It is not in dispute that MCA course is for three years and the appellant college is affiliated to the Andhra University. E. Kiran Kumar was interviewed and selected for admission by the appellant and was asked to remit Rs. 15,000/- towards tution fees for the first year. The complainant who accompanied h...

Shanta Devi and ors. Vs. Ramlal Agarwal

Court: Andhra Pradesh

Reported in: 1998(2)ALD236; 1998(1)ALT582; II(1998)DMC199

1. Very interesting question of law is raised in this appeal.2. In order to appreciate the controversy between the parties, it is necessary to narrate few facts.3. The appellants herein were the original defendants in O.S.No.1332 of 1994, which was filed by the plaintiff in the Court of the V Additional Judge, City Civil Court, Hyderabad. The plaintiff filed the suit for relief of declaration that the plaintiff has got a legal right to perform all ceremonies in connection with the marriages of Defendants 4 and 5 in accordance with the custom and religious rites prevailing in the plaintiff's family and that for relief of permanent injunction restraining the Defendants 1 to 3 from performing any ceremonies in connection with the marriages of Defendants 4 and 5.4. It is further averred by the plaintiff that the plaintiff and the first defendant are the husband and wife. Defendants 2 and 3 are the parents of Defendant No.1. Defendants 4 and 5 are the daughters of the plaintiff 5. It is the...

K. Prabhakar Reddy Vs. State of Andhra Pradesh and ors.

Court: Andhra Pradesh

Reported in: 1998(2)ALD282

ORDERUmesh Chandra Banerjee, C.J.1. The exercise of jurisdiction of the High Court under Article 226 of the Constitution is of widest possible amplitude. Public Interest Litigation, the seeds of which were sown in United States more than a century ago has had its due impact in Indian jurisprudence as well, though, however much later and thisphenomenon from time to time has had judicial recognition throughout the country and consequently a step forward to sub-serve the ends of justice. The concept of justice ought to be the predominant factor in judicial approach and the law courts in order to do so have been dealing with matters in a manner and in accordance with the doctrine of natural justice to achieve this end. The usual adversorial litigation is a part of our judicial system but the advent of this phenomenon has been received with wide acclamation throughout the country and it is on this count that the Supreme Court right from the beginning however has sounded a caution to the eff...

N. Komurraiah Vs. Special Officer and Competent Authority, Urban Land ...

Court: Andhra Pradesh

Reported in: 1998(2)ALD488; 1998(3)ALT471

ORDER1. The petitioner prays for issuance of a writ or direction declaring the action of the respondent in proceeding further in the matter of petitioner without passing an order under Section 8(4) of Urban Land Ceilings Act as illegal, arbitrary and without jurisdiction and contrary to Memo No.2013/ UC.II/81-2, dated 15-3-1988 issued by the Government, and to restrain him from proceeding further in the matter.2. The petitioner is the owner of an extent of 2 acres of agricultural land in S.No.697 of Waddepalle village. Consequent on the promulgation of the Urban Land Ceilings Act he submitted a declaration since Waddepalle comes under urban agglomeration . of Warangal town. The total extent held by the family was 7696 Sq. mts. including the house site admeasuring 120 Sq. mts. A notice under Section 8(3) of the Act dated 29-10-1997 was served on the petitioner slating that the family holds an extent of 1908 Sq. mts. in excess of the ceiling limit. He filed his objections on 26-12-1977. ...

C.V.S. Nageswara Kumar Vs. Indian Overseas Bank, Madras and anr.

Court: Andhra Pradesh

Reported in: 1998(2)ALD485; 1998(4)ALT606

ORDER1. Heard the Counsels on either side. Both the Counsel agreed to dispose of the main W. P.2. It is submitted by the learned Counsel for the petitioner that at present, the petitioner is working as Junior Management Grade Scale-I at Vizag Branch of the respondent from June, 1995. The petitioner got promotion on 28-4-1979 to the present post of Junior Management Grade Scale-I and was posted to M.G. Road Secunderabad Branch. Thereafter, he was transferred to Nalgonda and Hyderabad and in June, 1995, later transferred to Vizag branch of the respondent-Bank. While working there, the petitioner has been transferred by the impugned proceedings in Ref. Sup. 177/256, dated 21-4-1997 intimating him about his transfer to Berhampur Region and advising him to report to duty at Berhampur Regional Office where the said office will issue the exact posting of the petitioner.3. It is submitted that the petitioner is having aged mother, wife and children who are residing in Hyderabad and his son in ...

Otukure Ganesh Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Reported in: 1998(2)ALD502; 1998(2)ALT(Cri)306

ORDERMotilal B. Naik, J. 1. Appellant herein is the sole accused in S.C.No.46 of 1996 on the file of the Additional Sessions Court of Adilabad. He was convicted for committing the offences under Sections 302 and 307 of IPC and sentenced to undergo life imprisonment for the offence under Section 302 of IPC, besides a fine of Rs.500/-, in default to undergo rigorous imprisonment for six months. He was further sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.300/- in default, to undergo rigorous imprisonment for three months for the offence under Section 307 of IPC and both the sentences were directed to run concurrently.2. The appellant-accused was charged that on 19-2-1995 around 5.30 p.m. in Gandhari Khilla forest near Ramakrishnapur during Mysamma Jathara, committed murder intentionally causing the death of Bheemi @ Bheemakka, aged 45 years, resident of Pulimadugu by means of attacking her with axe by inflicting injuries on her neck and body, thereby c...

Puttagunta Pasi Alias Penta Pasi Vs. Commissioner of Police and anr.

Court: Andhra Pradesh

Reported in: 1998(3)ALT55

N.Y. Hanumanthappa, J.1. Heard Mr. K. Srinivas Reddy, learned Counsel for the appellant and Sri J.K. Qureshi, learned Govt. Pleader for Home. The question that arises for consideration in this appeal is whether the rowdy sheet opened against the appellant by the Police in exercise of the powers under Standing Order No. 742 of the Police Standing Orders is proper and legal. The Law and Order Police, Machavaram Police Station, Vijayawada opened a rowdy sheet against the appellant for the reason that the appellant was involved in Cr. No. 111/97 on the file of Law and Order, Machavaram Police Station for the offences punishable under Sections 147, 326, 323, 342, 363, 353, 506 and 427 of Indian Penal Code and under Section 3 of the Damage to the Public Property Act. Earlier, a ease was registered against the appellant in Cr. No. 70/96 by the Law & Order Police of Machavaram and after investigation the same was registered as C.C. No. 184/97 and the learned III Metropolitan Magistrate, Vijaya...

K.S. Chalam Vs. Bank of India and anr.

Court: Andhra Pradesh

Reported in: 1998(2)ALD298; 1998(1)ALT597

ORDER1. The petitioner has joined the services of the respondents-Bank as Clerk/ Typist on 12-08-1974. His services were confirmed on 12-02-1975. A Show Cause Notice was given to him bearing No.PMK: 15224 dated 02-09-1975. The petitioner had sought selection and appointment on the ground that he was a member of the Scheduled Tribe. After he got appointed a Show Cause Notice was given to him by which he was asked as to why his services should not be terminated as the caste to which he belonged had been denotified as a Schedule Tribe. The Show Cause Notice was based on terms contained in Clause 1(9) of the Appointment Order which reads as under:''Your services are liable to be terminated with appropriate notice if it is revealed at any time after your appointment that the information given and the particulars furnished by you in the printed application form and its enclosures are materially incorrect or false, or any particulars called for by the Bank therein or thereafter are wilfuly su...

Sub-registrar, Nalgonda Dist. Vs. Amaranaini China Venkat Rao and Othe ...

Court: Andhra Pradesh

Reported in: 1998(3)ALD46; 1998(2)ALT457

1. A very important question of law fells for consideration in this revision petition i.e., what is the stamp duty payable on a sale deed executed by the Court pursuant to a judgment and decree in a suit for performance, on the basis of an agreement of sale. To put it in more clear terms whether the Registering Officer can demand stamp duty on the basis of the prevailing market value of the property on the date of execution of the regular sale deed by the Court without reference to the consideration which the purchaser/ vendee agreed to purchase the property under an agreement of sale and without reference to the time taken by the Courts in decreeing the suit for specific performance.2. The factual matrix of the case is that respondents herein seemed to have entered into an agreement of sale on 27-06-1965 to purchase an extent of Ac 300.00 of land in Vajincpalli Village, Nalgonda District for a consideration of Rs. 10,500/- from one S. Venkata Laxmamma. When the said lady refused to ex...