Andhra Pradesh Court February 1999 Judgments

Uppagala Sathish Kumar and ors. Vs. State of A.P.

Court: Andhra Pradesh

Reported in: 1999(1)ALT(Cri)669; 1999CriLJ3906

V. Bhaskara Rao, J.1. The judgment in S.C.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 alias Jayasree for dowry and thereby they committed an offence punishable under Section 304-B, IPC. It is the case of the prosecution that accused No. 1 is resident of Vempet, 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 la...

Girish K. Bhandari and anr. Vs. Lakshmi Finance and Industrial Corpora ...

Court: Andhra Pradesh

Reported in: 1999(1)ALD(Cri)447; 1999CriLJ2718

ORDERBilal Nazki, J. 1. It appears that a complaint has been filed against the present petitioners along with another accused under Section 138 read with Section 141 of the Negotiable Instrument Act. The prosecution is being challenged by way of this petition under Section 482, Cr. P.C. solely on the ground that there are no offences disclosed against the petitioners who are accused Nos. 2 and 4. It is argued by the learned Counsel for the petitioners that it is not sufficient to be a Director of a Company for having vicarious liability under Section 138 of the Negotiable Instrument Act but such Director should be involved in day to day business before any liability can be fastened on him, under Section 138 of the Negotiable Instrument Act. He relies on a judgment of this Court reported in Secunderabad Health Care v. Secunderabad Hospital, 1998 (2) ALD (Crl.) 206 : 1998 Cri LJ 4521 (AP). This judgment is based on the judgment of the Supreme Court being State of Haryana v. Brij Lal Mitt...

New India Assurance Co. Ltd. Vs. Koduru Madhusudhan Reddy

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. Counsel for the appellant as well as the Counsel for the respondent are not present. We perused the record of the District Forum, Nellore in O.P. No. 351/1996 which is before us. 2. This appeal has been preferred by the opposite party in O.P. No. 351/1996 questioning the order of the Nellore District Forum dated 25.4.1997 partly allowing that O.P. The complainant in that is the respondent before us. The case of the complainant before the District Forum was that he was the owner of a motor cycle bearing No. AP 26/7500 with Engine No. E. 30 CJ 045784. Chassis is No. C 30 CJ 046404 and that it was insured with the appellant under Policy No. 31611402 26637 for the period commencing from 2.2.1994 to 1.2.1995. According to him he parked that motor cycle at Kasturidevi Nagar near Venkataramana Hotel, Pogathota, Nellore on 3.3.1994 and when he returned around 11.00 a.m. he did not find it there and he could not trace it in spite of search made. According to him h...

S.K. Masthan Vs. Managing Director, Apsrtc and Others

Court: Andhra Pradesh

Reported in: 1999(2)ALD586; 1999(2)ALT109; [1999(82)FLR804]

ORDER1. Rule nisi, Sri C. V, Ramulu, learned Standing Counsel for APSRTC took notice for the respondents. With the consent of both paries, the writ petition is heard finally.2. The petitioner is a Driver in the establishment of APSRTC. The 3rd respondent without holding a regular departmental enquiry envisaged under APSRTC CCA Regulations and APSRTC CCA Conduct Rules, imposed a penalty of denial of two increments with cumulative effect as a disciplinary measure on the petitioner, by proceedings dated 6-12-1994. The petitioner preferred an appeal to the 2nd respondent. That was also dismissed by order dated 18-3-1998. Hence, this writ petition assailing the validity of the disciplinary proceedings and the actions.3. It is well settled that denial of increments with cumulative effect tantamounts to a major penally, and such penalty cannot be imposed by the disciplinary authority without holding a regular departmental enquiry in terms of relevant service regulations. In the instant case a...

A.P.S.R.T.C. and Others Vs. T. Venkatapathi

Court: Andhra Pradesh

Reported in: 1999(4)ALD39; 1999(1)ALT767

ORDERA.S. Bhate, J 1. The writ petitioner was prosecuted for alleged offence of murder of his wife. The death of the wife of petitioner took place on 25th of February, 1996. The petitioner was working as Depot Controller at Srikalahasti Depot of the Andhra Pradcsh State Road Transport Corporation (for short the 'R.T.C.'). A prosecution was initiated against the petitioner after registration of crime. In the meanwhile the department initiated departmental proceedings on the following charge:'For having involved in a criminal case of alleged killing on 25-2-1996 which has resulted in framing criminal case against you as Crime No.30 of 1996 under Section 302 of the Indian Penal Code (IPC) by Muthyalareddypalli Police Station which amounts misconduct under Section 29(xxxi) of A.P.S.R.T.C. Employees Conduct Regulations, 1963.'2. The criminal prosecution initiated against the petitioner ultimately ended in acquittal in SC No.l of 1997 before the learned IV Additional Sessions Judge, Tirupath...

T. Venkatram Reddy Vs. M. Malla Reddy and anr.

Court: Andhra Pradesh

Reported in: 1999CriLJ1473

ORDERRamesh Madhav Bapat, J.1. W.P. 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 C.C. No. 730 of 1996 in the Court of the X Metropolitan Magistrate, Secunderabad for an offence punishable under Section 501, I.P.C. 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. In the said complaint, the first respondent had indicated the name of the petitioner as the owner/proprietor of the said newspaper. The petitioner here in was shown as accused No. 1 in the complaint whereas...

G.S.H. Reddy and Others Vs. A.P. State Road Transport Corporation, Hyd ...

Court: Andhra Pradesh

Reported in: 1999(2)ALD477; 1999(2)ALT223

ORDERM.S. Liberhan, C.J. 1. The learned Counsel for the appellants states that the impugned transfer is an unfair labour practice and is based on the allegations and is punitive in action. It would be expedient to note the transfer order in verbatim :'Office Order Sub : Complaints - Complaint against certain Drivers of Tandur Depot for maintaining illegal musters by threatening depot Officials - Vigilance Enquiries -Transfer Orders - Issued. ----- Based on the Vigilance report, Sri G.S.N. Reddy, E.251009, Driver of Tandur Depot is hereby transferred and posted to Hyderabad-2 depot on administrative grounds. He should be relieved after muster closing. This has the approval of Regional Manager/Rangareddy Region.' From a reading of the transfer order, we are unable to subscribe to the submission made by the learned Counsel for the appellant that the impugned transfer is by way of punishment or is casting any stigma. Merely because in the subject it has been said that there are complaints...

Emerald Buildings and Another Vs. Asst. Commissioner of Income Tax, Hy ...

Court: Andhra Pradesh

Reported in: 1999(3)ALD191; 1999(1)ALD(Cri)449; 1999(1)ALT(Cri)440; [1999]237ITR128(AP)

ORDER1. This Revision is filed against the judgment and sentence passed in Crl. A. No. 15 of 1995 on the file of Metropolitan Sessions Judge, Hyderabad.2. Al was found guilty for the offence punishable under Section 276-C(1) of Income-tax Act. An amount of Rs.2000/-was imposed as fine in default to undergo rigorous imprisonment for 3 months. A8 was found guilty for the offence punishable under Section 277 of the Income-tax Act and was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.2000/- in default to suffer rigorous imprisonment for three months. A8 was also found guilty for the offence punishable under Section 276-C(1), read with Section 278-B(1) of the Income-tax Act. He was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.2000/- in default to suffer rigorous imprisonment for three months. On appeal, the sentence was reduced to 6 months as far as A8 is concerned. The fine amounts and the default clauses are maintained...

State of Ap, Revenue Dept., Hyderabad Vs. Commissioner of Land Reforms ...

Court: Andhra Pradesh

Reported in: 1999(3)ALD320; 1999(3)ALT322

ORDER1. This writ petition is filed by the Government on 5-8-1993 challenging the order of the 1st respondent-Commissioner of Land Reforms and Urban Land Ceiling dated 27-2-1987.2. The facts in brief stated in the affidavit filed in support of the writ petition are that the respondents 3 to 7 have filed declaration before the Special Officer and Competent Authority, Urban Land Ceilings, Visakhapatnam under Section 6 of the Urban Land Ceiling Act, 1976 declaring that Ac.6.20 of land in S.No.6/lA ofThadichetlapalam, Dondaparthy village in Visakhapatnam urban agglomeration which is under the occupation of the Defence Department since 1939 under a lease, has to be deleted from computation of ceiling limit. The Special Officer and Competent Authority, Urban Land Ceilings, Visakhapatnam has included the said extent of land in the holding of the respondents and directed them to surrender the said land treating it as surplus land against which the respondents 3 to 7 have filed an appeal before...

D.L.F. Cement Ltd. Vs. Inspector of Police, Hyderabad and Others

Court: Andhra Pradesh

Reported in: 1999(2)ALD45; 1999(1)ALT801

ORDER1. The petitioner has filed the writ petition seeking writ of Mandamus or any other appropriate writ to grant the following reliefs:(1) to declare FIR 15 of 1997 of Panjagutta Police Station as illegal and to restrain the first respondent to proceed with the investigation pursuant to the FIR after quashing the letters dated 9-1-1997 bearing No.15/Insn-PC/97 addressed by the first respondent to the petitioner's bankers and subsequent letters, (2) to direct the respondents 2 and 3 to honour the bank guarantee Nos. 18/47 dated 19-2-1996 and 3/94-95 dated 19-5-1994 furnished by the respondents 2 and 3 to the petitioner and to grant such other reliefs. 2. A few facts which are necessary to dispose of the writ petition as follows: The petitioner is a company incorporated under the Companies Act, 1956 (hereinafter referred to as the Act) having Head Office in New Delhi. It has an authorised capital of Rs.150 crores and paid up capital of Rs. 128.42 crores. It has more than 1.5 lakhs Indi...