Andhra Pradesh Court August 1999 Judgments
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V. Sudheer Reddy Vs. State of Andhra Pradesh and Others
Court: Andhra Pradesh
Decided on: Aug-19-1999
Reported in: 1999(5)ALD761; 1999(2)ALT(Cri)414; [2000]99CompCas107(AP)
ORDER1. This petition under Section 482 of Cr. PC has been filed for quashing the proceedings in CC No.995 of 1997 on the file of the IV Metropolitan Magistrate, Hyderabad by accused No.2 in the said CC. The petitioner along with other accused faces a charge under Section 138 of the Negotiable Instruments Act.2. The bare facts necessary for the purpose of this petition may be stated as follows:Respondent No.2 is the complainant Company. According the complainant, accused No. 1 Company owed some amounts to them and for discharging those liabilities three cheques were issued drawn on various banks. The complainant duly presented those cheques for realisation through their Banker which were returned unpaid with an endorsement indicating insufficiency of funds to the credit of A1. The complainant got served a notice as required under Section 138 of Negotiable Instruments Act calling upon the accused to pay the amounts covered by those cheques within a period of 15 days from the date of rec...
United India Insurance Co., Ltd. Vs. Adepu Venkateswarlu and Another
Court: Andhra Pradesh
Decided on: Aug-19-1999
Reported in: 2001ACJ1488; 1999(6)ALD377
ORDER1. The United India Insurance Company Limited is the appellant in this appeal which was filed against the judgment and decree in OP No.52 of 1989 on the file of Motor Accidents Claims Tribunal, Warangal dated 20-7-1992 wherein the Tribunal awarded an amount of Rs. 15,200/-towards compensation and directed the respondents 1 and 2 that is the owner of the vehicle and the Insurance Company to pay compensation jointly and severally. Aggrieved thereby this appeal was filed alleging that the vehicle was not covered by the Insurance policy as the insured has not paid the premium of the Insurance Policy. Therefore, the company is not liable to pay the compensation. It is the owner ofthe vehicle that is liable to pay the compensation.2. To appreciate the contentions ofthe Counsel for the appellant it is better tohave few facts of the case. They are asfollows: The petitioner was going on motorcycle Hero Honda bearing No.ATO 8488 towards Thorrur on the extreme left side of the road on 11-11-...
Deverneni Linga Rao Vs. Sub-registrar, Peddapalli, Karimnagar Dist.
Court: Andhra Pradesh
Decided on: Aug-19-1999
Reported in: 1999(6)ALD144; 1999(6)ALT599
ORDER1. The issue involved in boththese writ petitions is similar and the facts are also identical. Hence, they are disposed of by this common order.2. These two writ petitions are filed seeking for a writ of mandamus declaring the action of the Sub-Registrar, Peddapalli, Karimnagar District, respondent herein, in refusing to register the sale deed proposed to be executed by the petitioners in favour of their respective purchasers in respect of certain lands (mentioned in the prater portion) as illegal.3. The case of the petitioners is that they sold those lands in the year 1982 and possession was given to the purchasers then itself. The purchasers are now continuing in possession of the said lands. Recently the purchasers requested them to execute registered sale deeds in their favour and the petitioners herein agreed for the same. Accordingly, they approached the respondent to effect registration of the sale deeds proposed to be executed by them. But, the respondent refused to regist...
Suresh Chandra Kabra and anr. Vs. T. Vishnu Murthy and anr.
Court: Andhra Pradesh
Decided on: Aug-19-1999
Reported in: 2000(2)ALT245
ORDERC.Y. Somayajulu, J.1. Since the parties in both the Revision Petitions are same, they are being disposed of by a common order.2. These Civil Revision petitions arise out of orders dt. 1-2-1999 in C.M.A. Nos. 126 and 127 of 1998 on the file of the II Additional Chief Judge, City Civil Court, Hyderabad. C.MA. No. 127 of 1998 was filed against the order dt. 16-3-1998 in I.A. No. 663 of 1997 in O.S. No. 674 of 1997 on the file of the Court of the VII Additional Judge, City Civil Court, Hyderabad. C.M.A. No. 126 of 1998 before the II Additional Chief Judge, City Civil Court arose out of I.A. No. 1184 of 1997 in O.S. No. 674 of 1997 on the file of the Court of the VII Additional Judge, City Civil Court, Hyderabad.3. The suit O.S. No. 674 of 1997 was filed by the revision petitioners in both the revisions for a declaration that the decree in O.S. No. 2248 of 1989 on the file of the VII Additional Judge, City Civil Court, Hyderabad, was obtained on a forged agreement of sale and for other...
Smt. G. Anita Vs. Commissioner of Income-tax
Court: Andhra Pradesh
Decided on: Aug-19-1999
Reported in: [1999]107TAXMAN99(AP)
ORDERRao, J. -This application under section 256(2) of the Income-tax Act, 1961 at the instance of the assessee, seeks reference of the following two questions arising out of the order in R.A. No. 624 (Hyd.) of 1996 :'1. Whether, on the facts and in the circumstances of the case, is the Tribunal correct in law in confirming the disallowance of Rs. 70,000 out of the interest payments of Rs. 1,43,263, particularly when it was shown that iii the accounting year relevant for the assessment year under reference, there was only an understanding to repay the amount of Rs, 8 lakhs due by the assessee's husband to Satya Traders ?2. Whether, on the facts and in the circumstances of the case, is the Tribunal correct iii law in holding that the assessee employed a device to reduce tax liability merely because the assessee had not adjusted the sum of Rs. 8 lakhs against the loan taken from Balakrishna as individual and his HUF ?'2. These questions concern and touch upon [lie disallowance of interes...
P.A.V. Krishna Jeiar Vs. State of Andhra Pradesh, Education and ors.
Court: Andhra Pradesh
Decided on: Aug-19-1999
Reported in: 1999(5)ALT617
ORDERB. Sudershan Reddy, J.1. The writ petitioner, in the instant writ petition prays for issuance of an appropriate writ, particularly one in the nature of Writ of Mandamus declaring the date of his initial appointment as wholly arbitrary and highly illegal action of the respondents in not regularising his services from the date of his initial appointment as wholly arbitrary and highly illegal.2. The petitioner was temporarily appointed on ad hoc basis by the third respondent as a Trained Graduate Teacher in Mathematics on a consolidated salary of Rs. 1200-00 per month by order dated 4-3-1991. The petitioner however, asserts that he has been selected on consideration of his merit and qualification. He asserts that he is fully qualified to hold the post in which now he is serving. Even according to him, he is appointed by the third respondent, though he is not the competent person. However, it is asserted that his appointment is deemed to have been ratified by the Secretary and compete...
B. Ramalakshma Reddy and Others Vs. Government of Andhra Pradesh and O ...
Court: Andhra Pradesh
Decided on: Aug-18-1999
Reported in: 1999(6)ALD782
ORDER1. This is yet another story of a silenced river.2. The Tungabhadra river, a major tributary of River Krishna, derives its name from its two tributaries viz., Tunga and Bhadra, both of which rise in the Varaha Parvata in the Western Ghats of Kamataka. The region through which the Tunga and Bhadra flow, has rich and well developed forest resources. After running widely different courses, Tunga and Bhadra unite at Kudali 13 Kms., below Shimoga, to form the river, Tungabhadra. The river is 644 Kms. long and joins river Krishna at Sangameshwaram below Kurnool town at an altitude of + 264M., in Andhra Pradesh. The major portion of the river runs through the State of Kamataka and traverses only 137 Kms in Andhra Pradesh State. The total catchment area of the river is 71417 square kilo meters. During the regime of the Vijayanagara Empire (14th Century), a number of anicuts were built across the river and irrigation channels were provided on both sides of the river.3. A multipurpose proje...
General Manager, South Central Railway, Secunderabad Vs. K. Narayana R ...
Court: Andhra Pradesh
Decided on: Aug-18-1999
Reported in: II(2000)ACC41; 1999(6)ALD591; 2000(1)ALT645
1. When the CMPs. came up for hearing, the learned Counsel for both parties addressed arguments in the main appeal itself and accordingly the appeal itself is being finally disposed of.2. This is an unfortunate case where a lady passenger, aged about 49 years, who was travelling in the second class railway compartment from Madras to Guntakal fell down from the train near Gooty Railway Station and she was crushed between the train and the platform resulting in her instantaneous death. The husband and the daughter of the deceased, who were also travelling in the same train, have preferred a claim for compensation before the Railway Claims Tribunal. Along with the claim application, they filed the relevant documents like the first information report, inquest report, the original copy of the ticket coupon, the original copy of the EFT (Excess Fare Ticket) of the deceased and also the salary certificate of the deceased who was employed as a nursing tutor.3. The respondent-Railway filed a co...
S. Ajay Kumar Vs. S. Krishna Veni
Court: Andhra Pradesh
Decided on: Aug-18-1999
Reported in: II(2000)DMC598
ORDERT. Ch. Surya Rao, J.1. The revision petitioner assails the order dated 21st June, 1999 of the learned Judge, Family Court Secunderabad passed in LA. 307 of 1999 in O.S. 16 of 1997. The impugned order emanated on an application filed under Section 151, C.P.C. seeking a direction to separate two suits O.S. 16 of 1997 and O.S. 28 of 1997 and try them separately, the application having been necessitated in view of the earlier order passed by the Judge, Family Court ordering to club both the suits.2. It is the contention of the learned Counsel for the revision petitioner that such an order passed by the Judge, Family Court is illegal and contrary to directions given by a Bench of this Court to try the suit O.S. 28 of 1997 day-to-day. Apart from the merits in the matter, the learned Counsel appearing for the respondent has taken an objection on the maintainability of the revision. The revision having been filed under Section 115 of C.P.C. is clearly barred under the provision of the Fam...
Madavi Raju Vs. Election Commission of India and anr.
Court: Andhra Pradesh
Decided on: Aug-18-1999
Reported in: 1999(5)ALT510
ORDERB. Subhashan Reddy, J.1. This writ petition has been filed questioning the order dt. 8-12-1997 passed by the 1st respondent disqualifying the petitioner from contesting the Assembly Elections, in exercise of the powers Under Section 10-A of the Representation of the People Act, 1951 for a period of 3 years for not furnishing the election expenditure incurred by him in the General Elections to the Legislative Assembly held in the year 1994.2. Firstly, the writ petition is liable to be dismissed for the laches as it is since 20 months the impugned order has been passed and the petitioner is coming to the Court only on the eve of filing nominations for the Legislative Assembly Elections-1999 and in fact on the verge of expiry of time for filing nominations and there is no explanation for the delay. Secondly, the question of not furnishing election expenditure is a pure question of fact and is not amenable for judicial review in writ jurisdiction. There are no merits in this case.3. T...
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