Andhra Pradesh Court February 1999 Judgments

D.V.V. Satyanarayana Vs. Collector, Rangareddy District and Another

Court: Andhra Pradesh

Reported in: 1999(3)ALD712; 1999(3)ALT45

ORDER1. Rule Nisi. The learned Government Pleader for Social Welfare took notice for the respondents. The Writ Petition was heard finally with the consent of learned Counsel for the parties.2. The petitioner belongs to Madiga caste which is notified to be a Scheduled Caste under the Presidential Order. The Social Status Certificates earlier issued to him by the then Tahasildar, Medchal Taluk, Rangareddy District dated 7-2-1993 and 167-8-1997 were set aside by the Joint Collector, Rangareddy District by the impugned proceedings dated 15-12-1998. The action of the Joint Collector is assailed in the writ petition on the ground of lack of jurisdiction. There is no controversy between the parties that under the Andhra Pradesh (SCs, STs and BCs) Regulation of issue of Community Certificates Act 16 of 1993 (for short 'the Act') the Collector of the District alone is the competent authority to take steps to cancel the Caste Certificate. It is not brought to my notice any provision under the pa...

David Memorial Education Society and anr. Vs. Government of A.P. and o ...

Court: Andhra Pradesh

Reported in: 1999(2)ALD210; 1999(2)ALT216

ORDER1. The first petitioner is an Educational Society and the second petitioner is an institute run by the first petitioner. The first petitioner applied to the Government, All India Council for Technical Education (AICTE) and the second respondent, seeking permission to establish a Post-Graduate College in MBA Course. It appears that the AICTE accorded approval through its letter dated 17-11-1997 and the first respondent-Government accorded permission through G.O. Ms. No.408, dated 9-12-1997 and granted minority status through G.O. Ms. No.413, dated 11-12-1997 under the provisions of the Andhra Pradesh Education Act, 1982 and the Andhra Pradesh Educational Institutions (Establishment, Recognition, Administration and Control of Schools under Private Management), 1993 read with Andhra Pradesh Minority Educational Institutions (Establishment, Recognition and Regulation) Rules, 1988 made under the powers conferred under Section 99 of the Andhra Pradesh Education Act, 1982. The second res...

Kandi Buchi Reddy Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Reported in: 1999(3)ALD193; 1999(1)ALD(Cri)450

ORDER1. Heard the learned Counsel for the petitioner and the Public Prosecutor.2. A charge-sheet has been filed against the petitioner herein for the offences under Section 124-A and 506 IPC and under Section 8(1) of A.P. Public Security Act. The prosecution has been challenged on the ground that in terms of Section 196 of the Code of Criminal Procedure, before a Court takes a cognizance of the offence under Section 124-A IPC, sanction of appropriate Government is necessary. Section 196(1) of the Code of Criminal Procedure lays down:'Section 196. Prosecution for offences against the state and for Criminal conspiracy to commit such offence: (1) No Court shall take cognizance of (a) any offence punishable under Chapter VI or under Section 153-A (Section 295-A or sub-section (1) of Section 505) of the Indian Penal Code (45 of 1860), or (b) a criminal conspiracy to commit such offence, or (c) any such abetment, as is described in Section 108-A of the Indian Penal Code (45 of 1860) except ...

Uppagala Satish Kumar and Others Vs. State of A.P.

Court: Andhra Pradesh

Reported in: 1999(3)ALD426; 1999(1)ALD(Cri)785; I(2000)DMC33

1. The judgment in SC No. 173 of 1992 on the file of II Additional Sessions Judge, Karimnagar, dated 22.4.1993, convicting the appellants (accused Nos.1 to 3) under Section 498-A I.P.C. and sentencing them to suffer rigorous imprisonment for a period of two years and also to pay a fine of Rs.4,000/- each, in default to undergo simple imprisonment for three months, is assailed in this appeal.2. The facts leading to this appeal in brief are that a charge-sheet has been laid by the Sub-Divisional Police Officer, Jagtial, against three appellants alleging that they caused the death of Padma @ Jayasree for dowry and thereby they committed an offence punishable under Section 304-B I.P.C. It is the case of the prosecution that accused No.1 is resident of Vcmpet, within the limits of Metpalli Police Station, accused No.3 is the eldest sister of accused No.1 and accused No.2 is husband of accused No.3. The deceased was married to accused No.1 on 24.6.1988. Her father presented eight tolas of go...

The Manager, A.N.L. Parcel Services Private Limited and Another Vs. G. ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. We heard the learned Counsel for the appellants. Counsel for the respondent is represented by Miss Tejomaya. She seeks adjournment, but we refused. When the matter came up on 8.2.1999, neither the Counsel for the appellants nor the Counsel for the respondent were present. Then we perused the papers and the record of the District Forum and finally posted the matter for orders to 11.2.1999, as we found that the questions raised were covered by our order in R.V.N.S. Murthy and Anr. v. Desk to Desk Courier and Cargo and Anr., III (1998) CPJ 349 = 1998 ALD (Consumer.) 155 Time was sought on behalf of the respondent and we posted the matter to this day i.e., 15.2.1999. In the circumstances, adjournment is refused. 2. This is an appeal preferred by the opposite parties in CDC No. 162/1996 questioning the order of the Chittoor District Forum in that CDC dated 12.3.1998 allowing that CDC in part. The complainant before the District Forum is the respondent before u...

The Manager, State Bank of Hyderabad Vs. Kotha Pandu Rangaiah and Othe ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. We do not find any merit in this appeal and in fact this appeal ought not to have been preferred by the appellant. It is submitted by the learned Counsel for the appellant himself that the complainant was the owner of lottery ticket bearing No. FOF 294077 which won the prize in the draw of the lottery conducted on 8.1.1993 and was entitled to receive Rs. 25,000/- from the 4th respondent i.e., Karnataka State Lottery at Bangalore and that the said ticket was deposited with the appellant Bank on 16.2.1993 for collection and that the said ticket was sent to the Bangalore Branch of State Bank of Hyderabad on 25.2.1993 for collection. The Bangalore Branch sent that ticket to the 4th respondent/4th opposite party on 9.3.1993 but the latter returned the ticket to the Bangalore Branch on the same day stating that the amount would be paid to the complainant himself in person as the prize money was over Rs. 25,000/-. But the appellant Bank did not inform the compla...

T. Venkatram Reddy Vs. Sri M. Malla Reddy and Another

Court: Andhra Pradesh

Reported in: 1999(2)ALD110; 1999(1)ALT769

ORDER1. WP No.28387 of 1998 has been filed by one T. Venkatram Reddy s/o, late Sri T. Chandrasekhar Reddy under Article 226 of the Constitution of India.2. The averments made in the writ affidavit are as under: The petitioner claims to be one of the partners of the partnership firm, which is running the English Daily 'Deccan Chronicle' and which is published from Secunderabad. The first respondent herein filed a criminal case in CC No.730 of 1996 in the Court of the X Metropolitan Magistrate, Secunderabad for an offence punishable under Section 501 IPC alleging that certain articles published in the said newspaper relating to the affairs of the Osmania University when the first respondent was functioning as the Vice-Chancellor of the said University (sic are defamatory). In the said complaint, the first respondent had indicated the name of the petitioner as the owner/proprietor of the said newspaper. The petitioner herein was shown as Accused No. 1 in the complaint whereas one Mr. O. T...

New India Assurance Co., Ltd., Visakhapatnam Vs. Motor Alexy, Srikalul ...

Court: Andhra Pradesh

Reported in: 2000ACJ611; 1999(2)ALD167; 1999(2)ALT95

ORDER1. The first respondent herein was on world tour along with his wife and eight year old daughter. On 14-10-1998 the third respondent, the driver of the lorry bearing No. WB41/8048 owned by the second respondent insured with the appellant company drove the vehicle in a rash and negligent manner and hit the vehicle of the respondent No.l causing extensive damage. The Magistrate in whose jurisdiction the accident took place simply let off the driver by imposing a fine of Rs.300/-. On a complaint made by the first respondent to the District Collector and the Superintendent of Police except giving shelter for a few days they did not move in the matter, with the result the couple was stranded on the open road under a tree for several days and the troubles the family has undergone is widely reported in the press by publishing the photographs of the couple. Even then, none of the authorities have come to the rescue of this couple. Ultimately they seemed to have filed OP No.626 of 1998 on ...

M. Balakrishna Reddy and Others Vs. Principal Secretary to Govt., Home ...

Court: Andhra Pradesh

Reported in: 1999(2)ALD228; 1999(1)ALD(Cri)565; 1999(2)ALT325; 1999(2)ALT(Cri)9; 1999CriLJ3566

1. One M. Balakrishna Reddy who was the husband of the petitioner in Crl. RC No.630 of 1998. M. Venkata Lakshmi and M. Radhakrishna Reddy were facing prosecution in Crime No.33 of 1995 under Section 498-A and 406 of 1PC when a Government order being G.O. Rt. No.2087 was issued by the Home Department on 7th August, 1997. Acting on this order the Public Prosecutor moved an application before the trial Court for withdrawal from the prosecution and the trial Court passed an order on 19-9-1997 permitting withdrawal of prosecution. The order of trial Court has been challenged in Crl. RC No.630 of 1998. After the Government order dated 7-8-1997 had been acted upon and the trial Court had permitted withdrawal of the prosecution, the Government passed another order being G.O. Rt. No.2717 dated 21st October, 1997 withdrawing the earlier Government Order. This Government Order has been challenged in WP No.28309 of 1997 by the persons who are respondents in the revision petition.2. Counters have b...

M. Yellaiah Vs. Managing Director, Apsrtc, Musheerabad, Hyderabad and ...

Court: Andhra Pradesh

Reported in: 1999(2)ALD245; 1999(2)ALT247

1. The petitioner herein, who is employed as a Driver in the APSRTC from 1989, was subjected to a disciplinary enquiry on certain charges of misconduct and he was removed from service by an order dated 7-2-1993. However, on appeal, the appellate authority, by order dated 20-8-1994, modified the punishment and ordered a fresh appointment to be given to him. As per the said order of the appellate authority, the petitioner was reinstated in service as a fresh appointee in the month of September, 1994. After nearly four years, the petitioner has filed the present writ petition seeking to question the order of the appellate authority insofar as he was denied backwages and continuity of service as being illegal, unjust and violative of Articles 14, 16 and 21 of the Constitution.2. The learned Counsel for the petitioner strenuously contended that the alleged irregularities on the basis of which action was taken against the petitioner mainly related to the conduct of the Conductor and that the...