Andhra Pradesh Court July 1998 Judgments
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Ade Bhaskara Rao Vs. State and anr.
Court: Andhra Pradesh
Decided on: Jul-22-1998
Reported in: 1998(5)ALD418; 1998(2)ALD(Cri)620; 1998(2)ALT(Cri)579
ORDERKrishna Saran Shrivastav, J.1. This is an appeal against the judgment and order of the Metropolitan Sessions Judge, Vijayawada, convicting the appellant under Section 302 IPC for murdering his foster father and sentencing him to imprisonment for life.2. Briefly stated, the case of the prosecution is that the deceased, who was a rickshaw puller by profession, had brought up the appellant from his childhood and about two years prior to the incident, the appellant liad started staying in the adjoining hut after getting married. PW1 and PW8 are the elder brothers of the deceased. All these persons resided in the same locality, that is, near Eluru canal situated opposite to the Government Hospital Vijayawada, but in different huts. The deceased used to ask the appellant for money for his maintenance and on such occasions, there used to be wordy quarrel between them. On 17-8-1994, on the Government Hospital road Vijayawada, at about 8 a.m., the deceased and the appellant quarrelled with...
Commissioner of Income Tax, Visakhapatnam Vs. Circar Enterprises
Court: Andhra Pradesh
Decided on: Jul-22-1998
Reported in: 1998(5)ALD524; [1998]234ITR628(AP)
ORDERMotilal B. Naik, J.1. This is areference under Section 256(2) of the Income Tax Act by the Revenue seeking the opinion of this Court on the following questions of law formulated by it, viz.,(1) Whether on the facts and in the circumstances of the case and in law the appellate Tribunal was justified in holding that the assessee firm is entitled to the benefits of Registration? (2) Whether on the facts and in the circumstances of the case and in law, the finding of the appellate Tribunal that there was no contravention of Rules 38 and 39 of the Andhra Pradesh (Foreign Liquor and Indian Liquor) Rules, 1970, was correct? (3) Whether on the facts and in the circumstances of the case and in law, the appellate Tribunal was justified in relying on the decision in the case of CIT, AP-IV v. M/s Nalli Venkataramana and others : [1984]145ITR759(AP) wherein Rule 19(1) and 19(2) of the Andhra Pradesh Excise (Arrack and Toddy Licences General ConditionsX Rules, 1969, was applicable? Facts in bri...
N. Laxman and Others Vs. Sri Shanukha Cotton Traders
Court: Andhra Pradesh
Decided on: Jul-21-1998
Reported in: 1998(4)ALD681; 1998(2)ALD(Cri)201
ORDER1. The question raised for consideration in all these criminal petitions is one and the same, except the names of the respondents and the cheque numbers and the amount involved therein. As such these petitions are heard together and are being disposed of by this common order. For the sake of convenience, the facts in Criminal Petition No.1497 of 1998 arc taken into consideration for disposal of these petitions.2. Criminal Petition No.1497 of 1998 is an application filed under Section 482 of the Code of Criminal Procedure, 1973 {for short 'the Code') to quash the proceedings in CC No.145 of 1997 on the file of the Munsif Magistrate, Chilakaluripeta, Guntur District. Accused Nos.5, 6 and 7 are the petitioners herein and the first respondent is the complainant.3. The allegations made in the complaint, inter alia are as follows :The complainant, who is the first respondent herein is doing business in cotton having principal place of business at Chilakaluripeta. Accused No.2 is the Gen...
T. Srinivasa Rao Vs. State and Koroor Vysya Bank
Court: Andhra Pradesh
Decided on: Jul-21-1998
Reported in: 1998(4)ALD599; 1998(2)ALD(Cri)248
ORDER1. This is an application filed under Section 482 of the Code of Criminal Procedure, 1973,. (for short 'the Code') to quash the order dated 30-4-1998 passed by the learned Chief Metropolitan Magistrate, Visakhapatnam. The petitioners herein are A1 and A5 in Cr.No.123/98 on the file of III Town Law and Order Police 'station, Visakhapatnam City. The second respondent herein is the defacto complainant.2. The second respondent herein filed a private complaint against the petitioners and three others in the Court of the learned Chief Metropolitan Magistrate, Visakhapatnam under Sections 120B, 420, 406, 468, 471 and 477A IPC. It may not be really necessary to go into the details of the allegations made against the petitioners herein. Suffice it to notice that A1 to A4 opened a current account in the second respondent-Bank. It is alleged that on the request of A1 to A4 'Local Cheques Purchase' facilities were granted initially to the respective concerns. They used to present the local ch...
Secunderabad Health Care Vs. Secunderabad Hospitals
Court: Andhra Pradesh
Decided on: Jul-21-1998
Reported in: 1998(4)ALD613; 1998(2)ALD(Cri)206; 1998(2)ALT(Cri)293; 1998CriLJ4521
ORDER1. This is an application filed under Section 482 of the Code of Criminal Procedure to quash the proceedings in C.C.No.897 of 1996 on the file of the learned XIth Metropolitan Magistrate, Secunderabad. The petitioners are the accused in C.C.No.897 of 1996. the first respondent is the company incorporated under the Companies Act. Respondents 2 to 7 are the Directors of the Company.2. The respondents herein filed complaint to punish the petitioners-accused for having committed an offence Under, Section 138 of the Negotiable Instruments Act (for short 'the Act'). The allegations levelled in the complaint may briefly be noticed.3. The accused-company is a tenant of the complainant on a monthly rent of Rs. 1,80,095.40 (Rupees one lakh eighty thousand ninty five and paise forty only). It is also alleged that the accused issued the following cheques towards rent, payable by it to the complainant.1. Cheque dated 16-4-1996 for a sum of Rs. 1,00,000/- drawn on Prudential Cooperative Urban B...
Union of India, All India Radio, Hyderabad Vs. Kwality Consturction, E ...
Court: Andhra Pradesh
Decided on: Jul-21-1998
Reported in: 1998(5)ALD276; 1998(5)ALT16
ORDERA.S. Bhate, J. 1. The Civil Revision Petition No. 2645 of 1998 and C.M.A. No. 1601 of 1998 are being disposed of by a common judgment.2. Why we are disposing of these two matters by a common judgment will become clear on stating facts and background leading to the filing of these two proceedings before us. The Quality Construction Engineers (hereinafter referred to as the 'Contractors') entered into an agreement with the Union of India (All India Radio, Ramanthapur, Hyderabad) for construction of work of T.V. Studio Complex at Hyderabad. The terms and conditions were fully incorporated in the agreement. As certain disputes arose, the Contractor invoked the Arbitration clause in the agreement. There was dispute regarding payment in respect of certain items. The matter was referred to Arbitrator Sri R.J. Bakru, who was a Retired Chief Engineer of Central Public Works Department, New Delhi. The Arbitrator adjudicated upon the dispute referred to him and passed and Award. The Award wa...
S.P.S. Omkarnath Vs. State of A.P. and anr.
Court: Andhra Pradesh
Decided on: Jul-21-1998
Reported in: 1998(5)ALD168; 1998(2)ALD(Cri)610; 1998(5)ALT138
ORDER1. This petition is filed for recalling or reviewing the orders passed by this Court on 20-2-1998 in Crl. Revision Case No.119 of 1998 allowing the said revision case even at the admission stage and setting aside the orders of the IV Additional Metropolitan Sessions Judge, Hyderabad dated 13-11-1997 passed in Crl.MPNo.719of 1997 insofar as such orders relate to suspension of orders of conviction of the first accused who is the present petitioner (S.P.S.Omkarnath) passed by the trial Court in CC 374/1995 on the file of XXII Metropolitan Magistrate, Hyderabad.2. The present petitioner was convicted by the trial Court for the offences punishable under Sections 498A and 494A IPC. Questioning such orders of conviction and sentence the petitioner and filed Criminal Petition No.499/1997 before the IV Addl. Metropolitan Sessions Judge, Hyderabad. He also filed a petition in Crl.MP No.719/97 before the appellate Court under Section 389(1) Cr.P.C seeking suspension of the orders of convicti...
N. Lakshmanan and ors. Vs. Sri Shanmukha Cotton Traders and anr.,
Court: Andhra Pradesh
Decided on: Jul-21-1998
Reported in: 1998(2)ALT(Cri)494; [2000]102CompCas154(AP)
B.Sudershan Reddy, J.1. The question raised for consideration in all these criminal petitions is one and the same, except the names of the respondents and the cheque numbers and the amount involved therein. Assuch these petitions are heard together and are being disposed of by this common order. For the sake of convenience, the facts in Criminal Petition No. 1497 of 1998 are taken into consideration for disposal of these petitions.2. Criminal Petition No. 1497 of 1998 is an application filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code'), to quash the proceedings in C. C. No. 145 of 1997 on the file of the Munsif Magistrate, Chilakaluripeta, Guntur District. Accused Nos. 5, 6 and 7 are the petitioners herein and the first respondent is the complainant.3. The allegations made in the complaint, inter alia, are as follows :The complainant, who is the first respondent herein is doing business in cotton having its principal place of business at Chilakalurip...
B.R. Associates Vs. Commissioner of Income-tax
Court: Andhra Pradesh
Decided on: Jul-21-1998
Reported in: 1998(5)ALT367; [1999]236ITR465(AP)
Motilal B. Naik, J. 1. At the instance of the assessee, the Income-tax Appellate Tribunal stated the case and referred the following question of law for the opinion of this court :'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in law in holding that the salami amounts of Rs. 9,000 received from Apsara Footwear and Rs. 8,500 received from D. S. Reddy Cloth Stores by the assessee revenue receipts assessable to tax in the hands of the assessee for the assessment year 1968-69 ?'2. The assessee is an unregistered firm. The assessment initially was completed on November 1, 1971. On appeal before the Assistant Commissioner of Income-tax (Appeals), the Assistant Commissioner of Income-tax (Appeals) directed the Income-tax Officer to redo the assessment after going into all the facts regarding assessment of salami after giving the assessee an opportunity to produce the necessary evidence in support of payment of salami. While redoing...
MedwIn Hospitals and anr. Vs. State of A.P. and anr.
Court: Andhra Pradesh
Decided on: Jul-21-1998
Reported in: 1999CriLJ782
ORDERB. Sudershan Reddy, J.1. This is a petition filed under Section 482 of Cr. P.C. by the accused in C.C. No. 505 of 1996 on the file of the learned IVth Metropolitan Magistrate, Hyderabad. The petitioners pray to quash the said proceedings on the file of the learned Metropolitan Magistrate.2. The second respondent herein A. P. Pollution Control Board filed complaint under Section 49 of Water (Prevention and Control of Pollution) Act, 1974 (for short 'the Act') for prosecution under Section 43 and 44 for violation of Section 24, 25 and 26 of the said Act. In the complaint, it is inter alia stated that the Government of Andhra Pradesh prescribed standards or safe disposal of wastes generated by the hospital/health care establishments under the rules framed in A.P. Water (Prevention and Control of Pollution) Rules, 1976 (for short 'the said Rules'). Sub-clause (j) of Rule 2 of the said Rules define Health care establishments which mean and include all the Hospital, Nursing Homes, Diagn...
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