Andhra Pradesh Court June 1999 Judgments
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R. Babu (Died) by Lrs. Vs. P. Jai Raj
Court: Andhra Pradesh
Decided on: Jun-11-1999
Reported in: 1999(4)ALD444; 1999(5)ALT699
ORDER1. The appellant is the plaintiff in OS 93/81. He has preferred the appeal being aggrieved by the judgment and decree passed by the learned sub-Judge, Asifabad, in AS 8/85 dated 30-10-1987. The appellate Court set aside the judgment and decree passed by the District Munsif, Sirpur in OS 93/81 dated 18-2-1985, and dismissed the plaintiffs suit in its entirety.2. Learned Counsel for the appellant contended that the appellate Court is in an error in dismissing the plaintiffs suit on the basis of the notification issued by theGovernment of Andhra Pradesh in G.O. Ms. No.412, dated 21-5-1983, in view of the fact that the said notification would not applyto the suit filed in the year 1981. The said notification also did not alter the jurisdiction of the existing Court. Therefore, the suit tiled prior to the said notification has got to be disposed of as per the law as on the date of filing of the suit and on the date of the filing of the suit in the year 1981, the Andhra Pradesh Building...
Mir Sabir Ali Vs. Commissioner of Police, Hyderabad
Court: Andhra Pradesh
Decided on: Jun-11-1999
Reported in: 1999(5)ALD123; 1999(4)ALT32
ORDER1. The petitioner made an application to the respondent-Commissioner of Police, Hyderabad on 23-5-1997 under Sections 13 and 14 of the Arms Act, 1959 (hereinafter referred to as the Act) seeking an arms licence. The same was rejected by the respondent by an order dated 8-8-1997. Impugning the same, the petitioner filed this writ petition seeking a writ of mandamus directing the respondent to reconsider the application for grant of arms licence.2. The impugned order dated 8-8-1997 bearing No.L&O;/35/Arms/Hs.6/97 reads as follows:'Government of Andhra Pradesh(Police Department)Office of the Commissioner of Police, Hyderabad-City.Dated 8-8-1997. No.L & O/35/35/Arms/HS6/97. Memo Sub: Arms Act and Rules-Grant of Fresh Arms Licence-Reg. Ref: Your application dated 23-5-1997. With reference to your application cited, your request for grant of Fresh Arms licence has been considered and 'Rejected'. Sd/xxxxx for Commissioner of Police,Hyderabad-City. To: Sri Mir Sabir Ali,R/o:H.No.22-1-61...
Land Acquisition Officer, Huda, Hyd. Vs. A.S. Krishna and Company
Court: Andhra Pradesh
Decided on: Jun-11-1999
Reported in: 1999(5)ALD342
1. CMP Nos.17314 and 17315 of 1998 are the applications filed under Section 5 of the Limitation Act praying to condone the delay of 938 days in filing each of the C.R.Ps. State of Andhra Pradesh is the petitioner in these two applications.Brief history :--It appears, the government acquired an extent of Ac.25-25 guntas of land belonging to the respondents under the Land Acquisition Act under two separate awards. The Land Acquisition Officer fixed compensation @ Rs.39,900/-per acre. On a reference under Section 18 of the Act, the compensation was enhanced and fixed @ Rs.200/- per square yard and after deductions, the market value was fixed at Rs.160/- per square yard, by the II Additional Judge, City Civil Court, Hyderabad in OP Nos.28 and 445 of 1983. The said award of the civil Court was questioned by Government by filing C.C.C.A.N0.55 of 1987 in this Court. The claimants also preferred cross-objections. This Court by judgment dated 23-3-1990 reduced the compensation amount from Rs.16...
Jitteboina Guravaiah Vs. Officer on Special Duty, Anti-naxalite Squad, ...
Court: Andhra Pradesh
Decided on: Jun-10-1999
Reported in: 1999(3)ALD585; 1999(3)ALT672
ORDERMotilal B. Naik, J.1. In all thesewrit petitions, a writ of habeas corpus is sought seeking a direction to the respondent to produce the detenues named therein, before this Court and to set them at liberty and pass appropriate orders.2. Though the relief sought in these three writ petitions is writ of habeas corpus to release the individual detenues, the main complaint of the learned Counsel appearing on behalf of the writ petitioners is that the requirements laid down by the Supreme Court in D.K. Basu v. State of West Bengal, : 1997CriLJ743 , to be followed in all the cases of arrest or detention till legal provisions are made in that behalf, have been flouted by the police machinery of the State of Andhra Pradesh and failure on the part of the police machinery to comply with the requirements laid down therein would attract imposition of punishment under Contempt of Court as held by the Supreme Court at para 37 of the said decision.3. To meet the general allegations made by the C...
L.H.V. Prasad and Others Vs. Station House Officer and Others
Court: Andhra Pradesh
Decided on: Jun-10-1999
Reported in: 1999(3)ALD692; 1999(2)ALD(Cri)15; 1999(3)ALT612; 1999CriLJ3928
ORDER1. This is a petition seeking quashing of a complaint in Cr. No.229/96 which has been filed against the petitioners under Section 415, 419 and 420 IPC. The complaint is based on the facts narrated in the complaint. It is submitted that the parents of the complainant gave an advertisement in a news paper seeking marriage alliance for him. Accused No.1 approached him and furnished the particulars of Accused No.4 who was his sister. The accused No.1 claimed that they belong to 'Thoorupu Kapu' community. The complainant belongs to 'Gajula Balija Naidu' community. Both the communities are forward communities and the alliance was accepted by the complainant and his parents. Later on, according to the complainant it was revealed that the girl did not belong to 'Thoorupu Kapu' community but she was from 'Konda Kapu' community which was a Scheduled Tribe. On the basis of these facts the complainant filed a complaint stating therein that he was cheated and he accepted the proposal of marria...
Amarnath Umakanth Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Jun-10-1999
Reported in: 1999(3)ALD671; 1999(2)ALD(Cri)10; 1999(4)ALT22; 1999CriLJ3801
ORDERMotilal B. Naik 1. Petitioner was convicted for the offence punishable under Section 379 IPC by the Judicial First Class Magistrate, Banaganapalli in CC No.30 of 1997 and sentenced to undergo rigorous imprisonment for two years through judgment dated 3-7-1997. Aggrieved by the said conviction and sentence, petitioner filed Criminal Appeal No.83 of 1997 before the II Additional Sessions Judge, Kurnool. However, the said Criminal Appeal was dismissed on 19-12-1997. Thus, the conviction and sentence imposed on the petitioner by the Judicial First Class Magistrate, Banaganapalli in CC No.30 of 1997 became final. 2. Petitioner along with two others was also convicted for the offence punishable under Section 411 IPC and sentenced to undergo rigorous imprisonment for two years by the Judicial First Class Magistrate, Yemmiganur in CC No.25l of 1996 on 6-5-1997. Though the petitioner preferred Criminal Appeal No.69 of 1997 against the said conviction and sentence before the n Additional Se...
Manyam Devikarani and Another Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Jun-10-1999
Reported in: 1999(4)ALD109; 1999(4)ALT157
ORDER1. These two revisions-one filed by the legal representatives of the deceased declarant and the other filed by the State are directed against the self same order dated 28-11-1994 passed by the Land Reforms Appellate Tribunal, East Godavari, Kakinada. Hence, they can be disposed of together.2. One Manyam Viswandha Rao filed a declaration under the provisions of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for short, the Act) in respect of his holding. The Land Reforms Tribunal originally passed an order under Section 9 of the Act on 4-8-1976 determining that the family unit of Viswanadha Rao holds land equivalent to 1.4723 standard holdings in excess of the ceiling area as on the notified date. The matter was carried in appeal to the appellate Tribunal in LRA No.976 of 1996 and revision to the High Court in CRP No.2099 of 1983. After disposal of the revision by the High Court on 2-7-1987 Special Leave Petition No.6943 of 1988 was filed in the Suprem...
S. Kausalya Vs. M. Bharatha Laxmi and Another
Court: Andhra Pradesh
Decided on: Jun-10-1999
Reported in: 1999(5)ALD133; 1999(4)ALT64
ORDER1. This revision is directed against the Order in IA No.2727/98 in OP No.616/96 on the file of the Principal District Judge, Saroornagar, Hyderabad dismissing the application under Section 45 of the Evidence Act read with Section 151 CPC to send Baby Sujala and Laxmi (PW3) for D.N.A. Test for determining the parentage of Baby Sujala.2. Pending the OP filed under Section 25 of the Guardians and Wards Act the petitioner filed the present application to sent Baby Sujala and Laxmi (PW3) for D.N.A. Test to ascertain the parentage of Baby Sujala, which was dismissed. Aggrieved by the same the present CRP is filed.3. It is contended by the learned Counsel for the petitioner that Court below is not correct in dismissing the application on the ground that the father of the child Baby Sujala is no more and the motherherself is not sufficient to ascertain the parentage of the child. It is common knowledge that the Medical Science is developed so much that in the absence of the father the par...
Gandikota Narasaiah Vs. Superintendent, Central Prison, Warangal and A ...
Court: Andhra Pradesh
Decided on: Jun-09-1999
Reported in: 1999(3)ALD688; 1999(2)ALD(Cri)13; 1999(3)ALT615; 1999CriLJ3947
ORDER1. The petitioner was accused No.6 in SC No.47f of 1993 against which Crl.A No.283/95 was filed. He was also accused No.2 in SC No.415/93 and also accused No.3 in SC No.417/93. In SC No.415/93 the petitioner was convicted for the offence under Section 395 IPC and sentenced to 7 years imprisonment, a fine of Rs.100/- was also imposed upon him. The sentence was pronounced on 11th July, 1994. On the same day he was convicted and sentenced to 7 years imprisonment with a fine of Rs.100/- in SC No.417/93 as well. On 8-9-1994 the petitioner was sentenced in SC No.471/93 under Section 395 of IPC. He has to undergo imprisonment of 10 years. Against this conviction and sentence he filed an appeal which has been decided by this Court on 17th April, 1998. The appeal has been dismissed and the sentence has been upheld. This application under Section 482 Cr.PC has been filed seeking a direction that the sentence given to the petitioner should run concurrently. Now the petitioner wants that the ...
Dr. V.L. Pahade and Others Vs. Vinay L. Deshpande and Others
Court: Andhra Pradesh
Decided on: Jun-09-1999
Reported in: 1999(4)ALD342; 1999(4)ALT522; [1999]97CompCas889(AP)
ORDERA.S. Bhate, J 1. These two appeals arise out of a judgment delivered in Company Petition No.9 of 1981 by the learned single Judge of this Court on a petition under Section 155 of the Companies Act (for short 'the Act').2. In OSA No.25 of 19S9, the appellants are respondent No.3 and respondent Nos.9 to 14 in the Company Petition. In OSA No.26 of 1989 the appellants are respondents 1 and 2 in the Company Petition. The parties are referred to in this appeal as have been referred to in the Company Petition.3. Respondent No. 1 was the Company of which respondent No.2 was the Managing Director. Respondent Nos. 3 to 6 were the Directors of the Company. Respondent No. 7 was one of the share-holders holding 1250 shares of the face value of Rs.100/-each of the respondent No. 1-Company. Respondent No.8 is A.P. Industrial Development Corporation (hereinafter referred to as the 'Corporation'). Respondent No.2 and respondent No.8 were the co-promoters of respondent No. 1-Company.4. The contenti...