Andhra Pradesh Court September 1999 Judgments
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Velpula Pullaiah Vs. Govt. of A.P. and Others
Court: Andhra Pradesh
Decided on: Sep-06-1999
Reported in: 1999(5)ALD640; 2000(1)ALT(Cri)182
ORDER1. Rule Nisi.2. The third respondent passed an order on 23rd April, 1999 in terms of Section 3(3) of A.P. Prevention of Anti Social and Hazardous Activities Act, 1980 (hereinafter referred as 'the Act') against the petitioner. This order has been challenged in this writ petition. The petitioner states that he was convicted in two cases by Judicial First Class Magistrate, Dharmavaram in STC No.81 of 1995 and STC No.1 of 1997 for organising the game of Matka. The conviction was under Gaming Act, 1974. The petitioner also states that seven cases are pending against him under the same Act before the Magistrate at Dharmavaram. He further states that the cases which are pending against him are false cases and they have been lodged by Police in order to satisfy the statistical targets, and these cases are pending for the last two years. It is stated that the order impugned is violative of Articles 14 and 21 of the Constitution of India. It is also stated that the impugned order is not ev...
Gummidi China Peddapuram @ Manniyya Vs. State
Court: Andhra Pradesh
Decided on: Sep-06-1999
Reported in: 1999(5)ALD530; 1999(2)ALD(Cri)634; 1999(5)ALT163
ORDERRamesh Madhav Bapat, J. 1.The sole accused in Sessions Case No.376 of 1996 was tried by the learned Principal Sessions Judge, Rajahmundry, East Godavari District. On evidence the learned Judge came to the conclusion that the prosecution was able to prove the guilty of the accused and therefore the accused was convicted and sentenced to suffer imprisonment for life. Hence the appeal by the sole accused.2. The accused was charged for an offence punishable under Section 302 IPC for causing the death of deceased No.1. The accused was found guilty under the said charge and he was convicted and sentenced to suffer imprisonment for life. The accused was also charged for an offence punishable under Section 302 IPC for causing the death of deceased No.2. The accused was foundguilty under Section 304 Part II IPC and he was convicted and sentenced to suffer rigorous imprisonment for five years. Both the sentenced imposed upon the accused-appellant were made to run concurrently. The accused w...
Kadambala Gopala Krishna Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Sep-06-1999
Reported in: 1999(5)ALD767; 1999(2)ALD(Cri)520; 1999(2)ALT(Cri)334; 2000CriLJ797
ORDER1. Heard both sides.2. The petitioner herein is the solitary accused in CC No.90 of 1997 on the file of the Judicial First Class Magistrate, Ichapuram. He is prosecuting for the offences under Food Adulteration Act. According to the prosecution, the accused was said to be running a make-shift hotel in which he had been selling eatables which were adulterated.3. During the course of the trial, two documents i.e., Exs.P5 and P6 were marked on which the prosecution seeks to rely for showing that the accused has been running that hotel which the accused denied. During the examination of PW3, who is no other than the Food Inspector concerned, it was suggested to him that he forged the signature purported to be that of the accused in Ex. P6. In regard to Ex.P5, it was suggested that while the name of the father of the accused was found in it as the person paying the licence fee, the name of the accused and the words 'son of have been added and forged therein.4. The accused filed Crl. MP...
Marisetty Ramesh Vs. Perla Subba Rao and Another
Court: Andhra Pradesh
Decided on: Sep-06-1999
Reported in: 1999(6)ALD330; 1999(6)ALT806
ORDER1. This revision petition is filed against the orders dated 24-9-1998 of the learned senior civil Judge, Kavali made in CMA No.6 of 1993, confirming the order dated 2-8-1993 of the learned Rent Controller-cum-Principal District Munsif, Kavali, in RCC No.12 of 1987.2. The revision petitioner is the tenant. The respondents-landlords filed an application for eviction of the tenant in RCC No.12 of 1987 on the ground of willful default of payment of rent; sub-letting and also bona fide requirement for additional accommodation. Learned Rent Controller accepted all the grounds, as alleged by the landlords and ordered eviction of the tenant, against which, the tenant has filed the appeal in CMA No.6 of 1993 and the same was dismissed. Then the tenant carried the matter in revision in CRP No.3291 of 1994 and this Court, by order dated 27-9-1996 remanded the matter to the Court below for consideration after giving opportunity to the parties to adduce evidence, if they so choose. After reman...
Divisional Manager, Apsrtc, Eluru Vs. State Transport Appellate Tribun ...
Court: Andhra Pradesh
Decided on: Sep-06-1999
Reported in: 1999(6)ALD661
ORDER1. Interconnected facts are involved in these two writ petitions involving determination of common questions of law. In the circumstances, the two writ petitions can conveniently be considered together and are being disposed of by this common order.The Facts :Parties are as arrayed in Writ Petition No.20070 of 1994. (a) The 3rd respondent held a permit in a town service route, Tanuku Womens College to Tanuku Womens College (via) old Bus Stand and Velpur (known as circular route). He made an application to the 2nd respondent seeking variation of the existing route. The variation involvedextension up to Attili from Velpur via Relangi and curtailment of a portion from Old Bus Stand to Velpur. The existing route was entirely within the limits of Tanuku Municipality. The variation sought for entailed a route in a total length of 17.8 km., of which 3 km., would be within the municipality and 14.8 km., outside the municipal limits. The entire route i.e., 17.8 km. overlaps the approved sc...
Returning Officer-cum-project Officer, Khammam and Another Vs. Vooka A ...
Court: Andhra Pradesh
Decided on: Sep-06-1999
Reported in: 1999(6)ALD643; 1999(6)ALT94
ORDERB. Subhashan Reddy, J. 1. This petition has been filed to review our order dated 31-8-1999 passed in Writ Petition No.18522 of 1999. The writ petition was filed aggrieved by the order refusing to accept Form-B, which is to be submitted under the provisions of Election Symbols (Regulation and Allotment) Order, 1968.2. The petitioner belongs to Scheduled Tribe and filed his nomination from 288-Yellandhu (ST Assembly Constituency of Khammam District) in the ensuing Assembly Elections. The Telugu Desam Party has nominated him to contest as a candidate of that party and issued From-A as also Form-B. These forms are prescribed under the Election Symbols (Regulation and Allotment) Order, 1968, hereinafter referred to as 'the Symbols Order'. While Form-A is addressed to the Chief Electoral Officer by the Party, Form-B is given to the candidate to be submitted along with the nomination paper. The fact that Form-A was communicated is not disputed. But, Form-A does not contain the name of th...
Hindustan Steel Works Construction Ltd. Employees Union Vs. Hindustan ...
Court: Andhra Pradesh
Decided on: Sep-06-1999
Reported in: 1999(5)ALT251; (2001)IIILLJ192AP
ORDERB. Sudershan Reddy, J.1. The short question that falls for consideration in the instant writ petition is -whether the respondent-Company is justified in withdrawing the construction allowance that was being paid to the employees of Hindustan Steel Works Constructions Ltd., Vizag Steel Project, Visakhapatnam.2. The petitioner is the registered employees union representing the workmen of Hindustan Steel Works Constructions Ltd. There is no dispute whatsoever in the instant writ petition that the petitioner-Union represents all the workmen working in the respondent-Company's unit at Visakhapatnam. It is aggrieved by the action of the respondent-Company in withdrawing the construction allowance that was being paid to its employees by Circular No. PER/W & S/S17 (HPPC) dated April 29, 1992, issued by the Deputy General Manager, for and on behalf of the respondent-Company. It is an admitted fact that the respondent-Company is incorporated under the Companies Act and it is a Government of...
Eluri Marthamma Vs. Divisional Railway Manager, S.C. Railway, Vijayawa ...
Court: Andhra Pradesh
Decided on: Sep-06-1999
Reported in: 2000(1)ALT183
ORDERV. Eswaraiah, J.1. This is a takenup writ petition on legal-aid side, on the representation of the petitioner, who is a lady belonging to the Scheduled Caste, complaining of nonpayment of family pension on account of death of her husband, late Sri Eluri Sriramulu, who died while in service of the respondents under the Permanent Way Inspector, Rajahmundry and also not providing of compassionate appointment. 2. The claim of the petitioner is opposed by the respondents on the ground that the petitioner's husband died on 18-01-1980 and as on the date of his death, his status was only that of a Casual Labourer and as such, the petitioner was entitled only for the provident fund and the gratuity and that the same were paid and that she was neither entitled for family pension nor for compassionate appointment. The question of delay has also been raised for disallowing the claim of the petitioner. 3. Mr. Mohd. Osman Shaheed, the learned Counsel appointed on legal-aid, contended that the h...
Divisional Forest Officer, Jannaram, Adilabad Dist. Vs. Ailal Sathaiah ...
Court: Andhra Pradesh
Decided on: Sep-03-1999
Reported in: 1999(6)ALD1
ORDER1. This review petition is filed under Order 47, Rule 1 read with Section 151CPC praying this Court to review order in Writ Petition No.4858 of 1997 dated 21-3-1997, contending that the learned Judge was pleased to dispose of the writ petition at the admission stage directing respondents to release lorry bearing No.APQ 7568 including release of timber which was involved in a forest offence. While disposing of the above said writ petition, at the admission stage, it was not brought to the notice of the learned Judge about the provisions of Section 59(2) (iii) of the A.P. Forest Act (hereinafter referred as 'The Act') and also Rules 5 and 8 of the A.P. Forest Offences (Compounding and Prosecution) Rules, 1969 (for short 'The Rules'). Rule 5 of the Rules authorises the offender/ accused to express his willingness to have offence compounded by giving compounding statement as provided under Form-D and Rule 8 consequently contemplates passing of the order by the compounding authority in...
Jakkamudi Madhusudhana Rao and Another Vs. Asst. Commercial Tax Office ...
Court: Andhra Pradesh
Decided on: Sep-03-1999
Reported in: 1999(2)ALD(Cri)518; [2000]118STC501(AP)
ORDER1. The 1st petitioner herein is the Managing Director of M/s. Madhu Cotton and Oils Private Limited, Chilakaluripeta and the 2nd petitioner is the Director of the said Company. The said Company is a private limited company incorporated under the provisions of the Companies Act, 1956. The Company fell in arrears of payment of Central Sales Tax assessed for the years 1986-87 and 1987-88. Even after service of due demand notices, it could not pay the arrears. Hence, a Criminal Complaint was filed against the petitioners before the Court of the Munsif Magistrate, Chilakaluripeta, under Section 30(1) of the A.P. General Sales Tax Act. The Munsif Magistrate, took cognizance of the same and issued summons to both the petitioners in STC No.107 of 1989. Aggrieved by the said action, the petitioners filed the present writ petition.2. Sri Manohar, the learned senior Counsel appearing for the petitioners, contends mainly, that as per the mandatory provisions contained under Section 11 of the ...
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