Andhra Pradesh Court March 1999 Judgments
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Rajalana Sambalaxmi Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Mar-11-1999
Reported in: 1999(2)ALD556; 1999(1)ALD(Cri)630; 1999(1)ALT(Cri)563
1. The Judgment in S.O. No. 285 of 1992 on the file of the learned Sessions Judge, Ranga Reddy District at Saroornagar, dated 26-11-1993 convicting the appellant under Sections 304 Part-1, 308 and 309 of the Indian Penal Code and sentencing her to simple imprisonment for a period of 5 years on the first charge, one year on the second charge and 3 months on the third charge is challenged in this appeal.2. The facts leading to this appeal are that the appellant is the wife of PW1 R. Krishna Reddy. They were blessed with two sons viz., Veera Reddy, who met with an unfortunate death and Venkat Reddy, who survived. It is alleged that the appellant had thrown her six year old son Veera Reddy into the nearby public wellon 8-12-1991 at about 6 p.m. and then she herself jumped into thai well carrying second Venkat Reddy, aged 4 years with her. PW1 rushed to his neighbour PW2 A. Dasarath and informed him about the same and both of them rushed to the well and rescued the appellant and the second ...
Mazda Travels Vs. Government of India, Department of Space, New Delhi ...
Court: Andhra Pradesh
Decided on: Mar-11-1999
Reported in: 1999(2)ALD525; 1999(2)ALT350
ORDER1. Rule nisi, Mrs. D.S.R. Krishna, learned Addl. Standing Counsel for Central Government took notice for the 1st respondent. Mr. C. V. Rajeev Reddy, learned Standing Counsel took notice for the 2nd respondent. The writ petition is finally heard with the consent of learned Counsel for both sides.2. The petitioner has, essentially, in this writ petition, sought to enforce contractual obligations arising out of an agreement for hiring cars owned by the petitioner. Initially the agreement was entered into between the petitioner and the 2nd respondent for supply of three Ambassador Cars for a period of one year. At that time, the agreement provided that if the petitioner's services were found to be satisfactory, the period of contract might be extended for a further period of two years, totally for a period of three years. It should be noted at this stage itself that this is a power reserved for the 2nd respondent to extend the contract. It is stated that after the expiry of the first ...
P. Acharya Nagarjun Vs. State of A.P. Though Women Protection Cell, Hy ...
Court: Andhra Pradesh
Decided on: Mar-11-1999
Reported in: 1999(2)ALD535; 1999(1)ALD(Cri)634; 1999(2)ALT296; 1999CriLJ4016
ORDER1. This application has been filed seeking anticipatory bail in a case which was not registered by the Police. The petitioner submits that although there was no Police case registered against him various allegations have been levelled against him by his wife in the Women's Proteciion Cell and there is threat of his arrest. The facts leading to such an apprehension in the mind of the petitioner are stated as below.2. The petitioner got married on 20th November, 1992, After marriage there were some disputes between the husband and wife and according to the petitioner these disputes were not real but were created because of the caste of the petitioner and he was subjected to cruelty, unfounded allegations were made against him, he was intimated and insulted. The petitioner is working as Lecturer in the Deparlmenl of Micro Biology, Osmania University, Hyderabad. He also submitted that the marriage had been performed in accordance with the laws of Christianity and he had also not deman...
Korra Bheema Naik and anr. Vs. Smt. Devakatasham Gideon
Court: Andhra Pradesh
Decided on: Mar-11-1999
Reported in: 1999(2)ALT492
ORDERRamesh Madhav Bapat, J.1. The petitioners herein were the plaintiffs, who had instituted O.S. No. 99 of 1993 in the Court of the Senior Civil Judge, Madanapalle against the respondent herein. The suit was filed for specific performance of agreement of sale. During the pendency of the suit, the defendant-respondent herein filed I.A. No. 1276 of 1998 under Order 26 Rule 1 C.P.C. for appointment of a Commissioner for examination of two official witnesses. The said application was allowed. Hence the present revision has been filed by the plaintiffs-petitioners herein.2. The learned Counsel Mr. P.S. Narayana appearing on behalf of the petitioners herein has taken me through the impugned order. By looking to the impugned order, it is evident that the learned Judge had passed the order directing the defendant-respondent herein to bear all the expenses of the plaintiffs Counsel as well as the expenses of the Commissioner. But Mr. P.S. Narayana submits that the presence of one of the plain...
Divisional Manager, Apsrtc, Rajahmundry Vs. State Transport Appellate ...
Court: Andhra Pradesh
Decided on: Mar-10-1999
Reported in: 1999(2)ALD564; 1999(3)ALT84
1. All the writ petitions can be conveniently disposed of by a common judgment.2. Writ Petition Nos. 18087/97, 18098/97, 18116/97 and 18162/97 are filed by the APSRTC against the orders of the State Transport Appellate Tribunal dated 31-5-1996 directing the Secretary, RTA to issue permits to the appellants therein on the routes applied for subject to permission of the Transport Commissioner, within four months from the date of such permission. The Writ Petition No. 32055/98 was filed by one Ch. Venkatratnam, who is the 3rd respondent in Writ Petition No. 18098/97 challenging the proceedings of the Transport Commissioner, dated 2-9-1998 in RNo. 11645/E/397 rejecting the grant of permission under Rule 258(2)(ii) of APMV Rules. It is his case that he and some other persons filed applications for grant of pucca stage carriage permits. He also filed an application for temporary permits. However, by virtue of the interim directions of this Court, the petitioner was directed to be granted tem...
Visakhapatnam Port and Dock Workers' Union Vs. Board of Trustees, Visa ...
Court: Andhra Pradesh
Decided on: Mar-10-1999
Reported in: 1999(2)ALD649; 1999(2)ALT639; [1999(82)FLR929]; (1999)IILLJ1123AP
ORDER1. Questioning the circular No.LB-11013/20/94-L.I(Vol.II), dated 23-4-1998, issued by the Ministry of Surface Transport (Labour Division), Government of India, introducing check off system to decide the majority union this writ petition was filed.2. The main contention of the petitioner Union is that all through the trade unions are being recognised by the Port Trust Authority on the basis of the membership of each of the union under verification at random system. Now under the present system, each employee will be given an option form so as to enable him to nominate the union in which he wants to become a member and on the basis of the authorisation, monthly subscription payable by the employee to that union will be deducted from his salary and credited to the concerned trade union account.3. The Counsel for the petitioner Union contends that the check off system that is sought to be introduced is defective and violative of democratic norms because:1. Most of the workers being il...
Land Acquisition Officer, Dy. Collector, Pochampad Vs. Gonda Chinna Ra ...
Court: Andhra Pradesh
Decided on: Mar-10-1999
Reported in: 1999(3)ALD481; 1999(2)ALT531
ORDERRamesh Madhav Bapat, J 1. All these cases relate to an abortive attempt made by the claimants in the land acquisition proceedings, to make an unlawful gain with the collusion of the persons at the helm of affair interpreting the provisions of law suit their convenience. But for the timely intervention on behalf of the State Government, this would have been yet another scam of the magnitude of 'Yeleru Scam'.2. In these cases, the claimants have resorted to a novel method of getting the reference applications, filed under Sections 30, 31(2) of Land Acquisition Act, and ' disposed of about more than one and half decade ago by the Civil Court, restored to file, got them amended as references under Section 18 and claimed enhanced compensation and also allowed other persons whose lands were acquired under the same notification, being added as parties to the restored application and got their claims for enhanced compensation decreed.3. The brief facts relevant for the purpose of disposal...
V.A. Noori Vs. Union of India and Another
Court: Andhra Pradesh
Decided on: Mar-08-1999
Reported in: 1999(2)ALD598; 1999(2)ALT275; [1999]98CompCas38(AP)
ORDER1. The petitioner is the accused No.3 in CC No.2125 of 1998 on the file of XXIII Metropolitan Magistrate Court at Nampally, Hyderabad, charged for the offence under Section 138 of the Negotiable Instrument Act, 1881 (for short 'the Act').2. In this writ petition, the petitioner has sought for Writ of Mandamus directing the respondents not to implement Section 138 of the Act and to declare Section 138 of the Act as null and void.3. Although several contentions are raised in the affidavit filed in support of the writ petition, the learned Counsel for the petitioner did not press those contentions into service, obviously realisingthe futility of those contentions for assailing the constitutional validity of Section 138 of the Act. The only contention of the learned Counsel is that Section 6 of the Act defines the term 'Cheque' to mean a bill of exchange drawn on a specified banker and not expressed to be payable otherwise on demand, and therefore, when a Cheque is not paid on demand,...
Pisupati Sai Kumar Vs. Oriental Insurance
Court: Andhra Pradesh
Decided on: Mar-08-1999
Reported in: 1999(2)ALD616; 1999(2)ALT691
ORDER1. Admittedly, the petitioner herein is an educated man and he was working as Sales Officer and he was gainfully employed. He met with an accident. On an application filed by him under Section 110 of the Motor Vehicles Act, the Tribunal awarded compensation of Rs.2,15,000/- by its order and decree in OP No.376 of 1988 dated 16-4-1990. On an appeal filed by the Insurance Company this Court stayed further proceedings on condition that the Company to deposit half of ihe compensation awarded with interest and costs. On compliance of this order, the petitioner filed an application in CMP No.5778 of 1991 for vacating the interim order. My learned Brother P.L.N. Sarma, J., (as he then was) passed an elaborate order in the following terms :'It is represented that the conditions imposed in the interim order have been compiled with. The stay is made absolute. The first respondent-sole claimant shall open an account in any nationalised Bank. A sum of Rs.35,000/- awarded by the Tribunal for m...
D. Laxmi and Another Vs. Prof. Sri Sandeep
Court: Andhra Pradesh
Decided on: Mar-08-1999
Reported in: 1999(3)ALD479; 1999(2)ALT650; 1999CriLJ2463
1. This Contempt Case is filed to punish the respondent herein for violation of the orders of this Court dated 24-7-1998 in WP No.5266/98 whereunder a direction was given to admit these two petitioners in B.Ed. (Vacation Course) for the year 1998-99. The case is having a long history.2. The respondent herein issued notification on 24-1-1998 inviting applications from the eligible candidates for admission into B.Ed. Vacation Course for the year 1998-99. One of the conditions stipulated therein was that the concerned District Educational Officer has to certify that the candidate is working in a recognised School and the candidate is working in a post sanctioned by the Department. This clause was questionedby the petitioners herein in WP No.5266/98. Following an earlier Judgment of mine I directed the respondent not to insist that one should work in an approved post.3. To complete the narration of facts, pursuant to the notification, written test was conducted in the last week of February...
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