Andhra Pradesh Court July 1999 Judgments
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Mabeeba Begum and ors. Vs. Gulam Rasool and ors.
Court: Andhra Pradesh
Decided on: Jul-28-1999
Reported in: 1999(4)ALT496
B. Prakash Rao, J.1. These two appeals are filed by defendants 1 and 2 against the common judgment and decrees in O.S.No. 57 of 1986 and O.S.No. 104 of 1990 dated 3-10-1994 on the file of the Subordinate Judge at Mahaboobnagar. A.S.No. 17 of 1995 was filed in this Court against the decree in O.S.No. 57 of 1986 and whereas in view of valuation, A.S.No. 3 of 1995 was filed on the file of the District Judge at Mahaboobnagar and it was transferred to this Court as per orders in Tr.CMP No. 191 of 1995 dated 6-7-1996 and later numbered here as Tr.A.S.No. 1212 of 1999. Both the suits were filed by respondent No. 1. However, in view of his death, the legal representatives were brought on record as respondents 2 to 10.2. OS. No. 57 of 1986 is filed seeking declaration of title and permanent injunction and cancellation of registered partition deeds dated 30-4-1976 and 3-5-1976 in respect of plot with an area of 850 Sq. yards out of Ac. 0-39 guntas in Survey No. 44, Subhas Nagar, Mahaboobnagar.3....
P. Venkatesh Vs. New India Assurance Co. Ltd. and ors.
Court: Andhra Pradesh
Decided on: Jul-28-1999
Reported in: 2000(1)ALT176
ORDERS. Ananda Reddy, J.1. The writ petitioner, who is an employee of the 1st Respondent Company, is seeking a writ of Mandamus directing the respondents to add additional 3 marks for obtaining the LL.B., degree holding that the promotion exercise-1998 to the post of Senior Assistant without awarding the said additional 3 marks to the petitioner is clearly arbitrary, illegal, discriminatory and violative of the Articles 14, 16 and 21 of the Constitution of India. 2. The petitioner is working in the category of Assistant in the 1st respondent Company. He is entitled for promotion to the next post of Senior Assistant. While so there was a notice inviting applications by the 1st respondent for promotion to the post of Senior Assistants in respect of eight sanctioned vacancies. As per the said Notification the last date for making application was 5-6-1998. As there was further sanction of two more vacancies they were also notified and applications are invited fixing the last date as 24-06-...
P. Sudershan Vs. Commissioner of Police and ors.
Court: Andhra Pradesh
Decided on: Jul-28-1999
Reported in: 1999(6)ALT378
ORDERB. Atchutananda Swamy, J.1. This writ petition is filed seeking a Writ of Mandamus directing the XII Metropolitan Magistrate, Hyderabad to enquire into the private complaint filed Under Section 202, Cr.P.C. for an offence committed by the alleged accused shown in the complaint for which the Malakpet police registered Crime No. 152/96, without waiting for the final report or a charge-sheet to be filed by the police and decide the matter on his own.2. Heard both the Counsel.3. The factual background of this case is that as per the version of the petitioner that on 24-10-1996 at about 7-30 p.m. while he was proceeding from his residence to his Advocate's office, the alleged accused attacked him at Malakpet and he lodged a complaint with the Malakpet police who in turn registered it as Crime No. 152/96 Under Sections 147, 148, 307 and 427, IPC. Thereafter the petitioner seemed to have filed an application before the Commissioner of Police seeking police protection and when no orders w...
Kondur Raj Kumar Vs. B. Sekhar
Court: Andhra Pradesh
Decided on: Jul-27-1999
Reported in: 1999(4)ALD461; 1999(4)ALT335
ORDER1. This civil revision petition under Section 22 of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960,(for short 'the Act') is filed by the landlord.The order passed by the learned Principalsenior civil Judge, Warangal in CMA No. 14of 1996 on 6-8-1998, reversingthe order passed by the learned RentController in RCC No. 4 of 1994 ischallenged in this revision petition.2. The facts may briefly be summarised before adverting to the questions that may fall for consideration. The petitioner-landlord filed RCC No.4 of 1994 on the file of the learned Rent Controller, Warangal seeking eviction of the respondent/ tenant from the petition schedule premises on the ground that he committed wilful default in payment of rents and also on the ground of bona fide requirement. The respondent/tenant even before filing his counter in the said rent control case, filed an application in the month of May, 1994-1A No.1529 of 1994 purported to be under Section 11(4) of the Act, inter alia di...
Dr. Y. Narasimhulu Vs. N.T.R. University of Health Sciences and Others
Court: Andhra Pradesh
Decided on: Jul-27-1999
Reported in: 1999(5)ALD178
ORDERGoda Raghuram, J 1. The appellant is the writ petitioner in WP No.30941 of 1998, which was dismissed by the judgment dated 8-6-1999. The appellant is a Tutor in Physiology in Kurnool Medical College, Kurnool. The 1st respondent-University by its notification dated 29-6-1998 invited applications from eligible candidates to appear for the entrance test for admission into Post Graduate Degree/Diploma Courses for the academic year 1998-99, in the colleges affiliated to it. The appellant applied and appeared for the entrance test held on 13-8-1998. The results of the entrance test were published in the news papers of 4-10-1998, and as evident therefrom, the appellant obtained, rank No.284. On 15-10-1998 1st respondent's notification intimated the results of the selection on various notice boards including that of Kurnool Medical College. As per the schedule notified, counselling for allotment of seats in all institutions was on 21-10-1998 and 22-10-1998, during specified timings.2. The...
St. Mary's Educational Society, Giddalur, Prakasam Dist. Vs. Governmen ...
Court: Andhra Pradesh
Decided on: Jul-27-1999
Reported in: 1999(5)ALD355
ORDER1. The petitioner, St. Mary's Educational Society, Giddaluru, is a Society registered under the Societies Registration Act, 1860. The said Society filed the present writ petition for a writ in the nature of mandamus declaring the proceedings in RC No.2310/N2-2/97 dated 25-2-1999 of the second respondent as illegal and void and further direct the respondents to issue 'NoObjection Certificate' to the petitioner society for obtaining permission from the National Council for Teacher Education (NCTE) to establish a B.Ed., college by the petitioner society at Butchireddypalem, Kavali Revenue Division, Nellore District. By the impugned proceeding, the Chairman of the State Level Standing Committee informed the petitioner that the State Level Standing Committee rejected the application of the petitioner during the course of scrutiny since the petitioner did not satisfy the conditions as stipulated in the notifications dated 24-2-1998 and 6-3-1998. The condition alleged to have not been sa...
Hitakarini Samaj, Rajahmundry Vs. State of Andhra Pradesh and Others
Court: Andhra Pradesh
Decided on: Jul-27-1999
Reported in: 1999(5)ALD324; 1999(4)ALT668
ORDERGoda Raghuram, J.1. These three writ petitions pertain to the affairs of the Hitakarini Samaj, Rajahmundry and though raising different aspects for consideration, could conveniently be disposed of together and having been heard, are being disposed of by this common judgment.W.P.No.9964 of 1992:Hitakarini Samaj, Rajahmundndry, represented by its Secretary filed this writ petition seeking the relief of 'a declaration that G.O.Ms.No.642, Revenue (Endowments-IV) Dept., dated 14-7-1993, is illegal, null and void and for directing the respondents - the State of Andhra Pradesh, the Commissioner of Endowments and the Executive Officer, Endowments Department, in-charge of Hitakarini Samaj, to implement G.O.Ms.No.1133, dated 23-8-1990 and to handover all the institutions belonging to the petitioner Samaj'. This relief of challenging G.O. Ms. No.642, dated 14-7-1993, was amended into the writ petition, by way of order dated 16-8-1994 in WPMP No.3819of 1994. 2. The facts relevant and necessar...
Vallabhaneni Yedukondalu Alias Karunakara Rao Vs. Vallabhaneni Nageswa ...
Court: Andhra Pradesh
Decided on: Jul-27-1999
Reported in: 1999(5)ALD298; 1999(2)ALD(Cri)426; 1999(2)ALT(Cri)339; 2000CriLJ333; II(2000)DMC90
ORDER1. In this criminal revisioncase, Hie order dated 22-7-1998 passed by the Family Court at Vijayawada in MC No.203 of 1995 is sought to be challenged.2. Respondent No. 1 herein is the wife of the petitioner herein. They were married on 16-5-1986 in accordance with the customs prevalent in Christian Community. Respondent Nos.2 and 4 are said to be minor sons and respondent No.3 is minor daughter of the petitioner born during the wed-lock with respondent No. 1.3. On her behalf and on behalf of the above said minor children, the respondent No.1 filed a petition under Section 125 of Cr.PC for maintenance in the Family Court at Vijayawada on the ground that the petitioner herein has treated respondent No.l with cruelty and he demanded additional dowry and thus forced her to leave the marital home and go to her parents house along with her children. Thereafter, the petitioner neglected to maintain the respondents inspite of having means and that the respondents have no sufficient means t...
K. Sreenivasachari Vs. Custodian of Evacuee Property and Secy. to Comm ...
Court: Andhra Pradesh
Decided on: Jul-27-1999
Reported in: 1999(5)ALD206
ORDER1. The petitioner feels aggrieved by refusal of respondent No.1 to order delivery of the land, which is subject-matter of the writ petition, admeasuring Ac.1-00 of area from Survey No.364 of Gowdavalli village. Identity of the land does not appear to be in dispute. The said land is admittedly in possession of original respondent No.2, who has expired and now is being represented by his legal representatives.2. The petitioner's grievance is that one Quazi Faizuddin was owner of Sy. No.364 which was admeasuring more than Ac.29.00. The said Qauzi Faizuddin was declared as evacuee in the year 1950 by the appropriate authority i.e., the Custodian of Evacuee property. Due to declaration of the property as Evacuee property, the said property vested in the Custodian. Prior to the property being declared as Evacuee property, it was allegedly in possession of Court of wards. It is contended that the Court of Wards used to auction the lease hold rights of the property every year on Ek-sal ba...
Madugula Nageswara Rao and Others Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Jul-27-1999
Reported in: 1999(5)ALD276; 1999(2)ALD(Cri)376; 1999(2)ALT(Cri)233; 2000CriLJ1033
ORDERRamesh Madhav Bapat, J.1. Accused No.1 to A26 in SC No.303 of 1993 on the file of IV Addl. Sessions Judge at Guntur are the appellants herein. The accused were tried for five different charges. The first charge against accused Nos.1 to 26 was under Section 148 IPC and the learned Sessions Judge found them guilty of the said charge and the accused were sentenced to undergo rigorous imprisonment for one year. The second charge against accused 2, 3 and 6 was under Section 302 IPC and the learned Judge found accused 2 and 3 guilty of the said charge and therefore both A2 and 3 were convicted to undergo imprisonment for life and to pay a fine of Rs.1,000/- in default, to suffer simple imprisonment for three months. The thirdcharge against accused Nos.1, 4, 5, 7 to 26 was under Section 302, read with Section 149 IPC and the learned Judge found accused 1, 4 to 26 guilty of the said charge and therefor convicted them to undergo imprisonment for life and to pay a fine of Rs.1,000/- in defa...
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