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Andhra Pradesh Court October 2000 Judgments

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Oct 24 2000

Nayagam Lourd Prakash Vs. Standard Chartered Bank and anr.

Court: Andhra Pradesh

Decided on: Oct-24-2000

Reported in: 2000(2)ALD(Cri)731; 2001(1)ALT(Cri)97; [2003]115CompCas161(AP)

ORDERHeard both sides.4. These petitions under Section 482 of CrPC seek quashing of proceedings in CC Nos. 1552 and 1289of 1998 on the file of the X Metropolitan Magistrate, Secunderabad, in which the petitioners are facing charges for offence under Section 138 of the Negotiable Instruments Act on the ground that the complainant is not properly authorized person on behalf of the company on whose behalf the complaints are said to have been filed. 5. As similar questions arise in both the criminal petitions, they are clubbed together and are being disposed of by a common order.6. In the above cases, complaints for the offences under Sections 138 of the Negotiable Instruments act have been filed on behalf of the Bankcard Customer Service Centre by one Mr. Vijaya Bhaskar Reddy described as Assistant Manager, Collections. As per the complaints, the complainant is a multi national bank incorporated in England with limited liability by Royal Charter 1853 with its principal office at London. I...


Oct 23 2000

Gummala Krishna Vs. Labour Court-cum-industrial Tribunal, Visakhapatna ...

Court: Andhra Pradesh

Decided on: Oct-23-2000

Reported in: 2000(6)ALD703; 2001(1)ALT267; [2001(88)FLR359]

ORDER1. The petitioner in the instant writ petition impugns the legality of the Award dated 3-6-1994 in ID No.126 of 1992 on the file of the Industrial Tribunal -cum-Labour Court, Visakhapatnam.2. The petitioner at the relevant time was working as Conductor in the respondent-Corporation. The following charges were framed against him:1. For having failed to issue tickets to a batch of nine passengers who boarded the bus at Asilmetta and found alighting at pipe line stages 4 to 11 even though you have collected tickets fare at the boarding point itself which detected by the said TTIs., Visakhapatnam while you were conducting vehicle No. A AZ-1963 on route No.7 on 25-4-1982. 2. For having already closed the SR up to stage No.14 of 0.70 paise and 0.80 paise denomination and Rs.1.00 denomination and remaining denominations upto stage No. 11. 3. The above charges constitutes. misconduct under Reg.28(a)(xxxix) & (xxxii) of APSRTC Employees Conduct Regulations, 1963.3. The petitioner submitted...


Oct 23 2000

Kodadi Srinivasa Lingam Vs. State of A.P.

Court: Andhra Pradesh

Decided on: Oct-23-2000

Reported in: II(2001)DMC708

Ramesh Madhav Bapat, J.1. The accused Nos. 1 to 3 in Sessions Case No. 471 of 1995, which was decided by the Second Additional Sessions Judge, Warangal, are the appellants herein. They were facing two charges. The first charge against A-1 to A-3 was under Section 498-A, I.P.C. The learned Judge found them guilty of the said charge and, therefore, sentenced them to suffer R,I. for one year and to pay a fine of Rs. 200/- each in default to suffer S.I. for one month each. The second charge against A-1 and A-2 was under Section 302, I.P.C. The learned Judge found them guilty of the said charge and, therefore, sentenced them to suffer imprisonment for life and to pay a fine of Rs. 200/- each in default to suffer S.I. for one month each. The substantive sentences imposed against the accused were made to run concurrently.2. The gravamen of the charge against the accused was that A-1 to A-3 harassed and ill-treated the deceased named Anitha. A-1 and A-2 poured kerosene on the person of the dec...


Oct 23 2000

Kodadi Srinivasa Lingam and ors. Vs. State of A.P.

Court: Andhra Pradesh

Decided on: Oct-23-2000

Reported in: 2000(2)ALD(Cri)763; 2001CriLJ602

1. The accused Nos. 1 to 3 in Sessions Case No. 471 of 1995, which was decided by the Second Additional Sessions Judge, Warangal, are the appellants herein. They were facing two charges. The first charge against A-1 to A-3 was under Section 498-A, I.P.C. The learned Judge found them guilty of the said charge and therefore sentenced them to suffer R.I. for one year and to pay a fine of Rs. 200/- each in default to suffer S.I. for one month each. The second charge against A-1 and A-2 was under Section 302, I.P.C. The learned Judge found them guilty of the said charge and therefore sentenced them to suffer imprisonment for life and to pay a fine of Rs. 200/- each in default to suffer S.I. for one month each. The substantive sentences imposed against the accused were made to run concurrently.2. The gravamen of the charge against the accused was that A-1 to A-3 harassed and ill-treated the deceased named Anitha. A-1 and A-2 poured kerosene on the person of the deceased and set her on fire o...


Oct 20 2000

Arastu Talimi Trust Vs. Syed Shah ShujauddIn Quadri (Died) by Lrs. and ...

Court: Andhra Pradesh

Decided on: Oct-20-2000

Reported in: 2001(1)ALD325; 2000(6)ALT619

ORDER1. Heard both sides and considered the material on record. 2. This civil revision petition is directed against the order dated 26-10-1999 passed in EA No.106 of 1996 in EP No.49 of 1996 in RC No.100 of 1994 on the file of the II Additional Rent Controller, Hyderabad in which the petitioner's application purported to have been filed under Rule 23(7) of A.P. Buildings (Lease, Rent and Eviction) Control Rules, 1961 (for short 'the Rules') has been dismissed. 3. The relevant facts leading to the trial Court's order may be stated briefly as follows: The petitioner herein is the third party -claim petitioner before the Rent Controller.Respondent No. 1 herein is the decree holder-execution petitioner before the trial Court and respondent No.2 is the judgment debtor. It appears during the pendency of the proceedings, respondent No.1 decree holder died and his legal representatives have been shown as respondents 3 to 8 in the said EA. In the said case, the order for eviction against respon...


Oct 20 2000

District Collector, Rr District and Others Vs. Kadicherla Narsimha and ...

Court: Andhra Pradesh

Decided on: Oct-20-2000

Reported in: 2000(6)ALD502; 2000(6)ALT279

ORDERA. Gopal Reddy, J.1. All these appeals are filed against the common judgment of the learned single Judge dated 17-7-1998 made in WP Nos.35173, 35225 and 35496 of 1997.2. The facts in nutshell for disposal of these appeals are as follows: The petitioners in WP Nos.35173 and 35225 of 1997 claimed that they were assigned Ac.3-00 cents of dry land each in S. No.59 of Kondapur village, Serilingampalli Mandal, Ranga Reddy District (formerly Hyderabad District) by the Tahsildar in Proceedings No.A9/10897/61 dated 13-12-1961 under Rule 9(g) of Laoni Rules, 1950 and petitioners' father in WP No.35496 of 1997 was assigned Ac.4.21 guntas in S. Nos.2, 3, 18 and 217 of Kondapur village in Proceedings No.A9/10899 dated 13-12-1961. Ever since from the date of assignment they have been in possession and enjoyment of the said land by paying land revenue to the Government for the last 36 years and thus they are the lawful owners of the said land having participated in the auction and paid the bid a...


Oct 20 2000

Azeezia Educational and Welfare Society Nalgonda Vs. Prof. Pannalal, R ...

Court: Andhra Pradesh

Decided on: Oct-20-2000

Reported in: 2000(6)ALD622; 2000(6)ALT269

ORDER1. Heard the Counsel appearing for the petitioner as well as the respondent.This contempt case is filed to punish the respondent herein for violating the orders of this Court dated 2-5-2000 granted in WPMP No.8691 of 2000 in WP No.6583 of 2000.2. The petitioner filed the writ petition to issue a writ of mandamus declaring the action of respondent herein in refusing to grant provisional affiliation to the petitioner -society for the academic year 1999-2000 for establishment of a college of Computer and Management vide its letters dated 14-2-2000 and 22-3-2000 as illegal and consequently declare that the respondent cannot refuse to grant affiliation to it on the grounds which are already approved by the AICTE.3. The petitioner also filed WPMP No.8691 of 2000 seeking an interim direction to the respondent herein to grant provisional affiliation to the Society in terms of approval of AICTE letter dated17-12-1999 for the academic year 1999-2001 to start MCA course pending disposal of t...


Oct 19 2000

B. Kamala Devi and Another Vs. Mehta Builders

Court: Andhra Pradesh

Decided on: Oct-19-2000

Reported in: 2001(2)ALD191; 2001(2)ALT271

ORDER1. This civil revision petition is directed against the order dated 16-11-1999passed in IA No.1226 of 1997 in OS No.3204 of 1997 on the file of the X Junior Civil Judge, City civil Court, Hyderabad under which the learned Judge allowed the application filed on behalf of the defendant under Section 8 of the Arbitration and Conciliation Act, 1996 to refer the parties to arbitration in terms of the agreement between the parties. The suit OS No.3204 of 1997 was fifed by the petitioners herein for perpetual injunction restraining the defendant from carrying on the construction in the multi-storied complex of three floors contrary to Municipal sanction.2. The parties shall be referred to as they are arrayed in the trial Court.3. The facts in brief leading to this controversy may be stated as follows:The plaintiffs entered into an agreement with the defendant-builders for developing certain property. In terms of the agreement three floors have been constructed in the complex planned by t...


Oct 19 2000

G. Nirmalamma and Others Vs. G. Seethapathi and Others

Court: Andhra Pradesh

Decided on: Oct-19-2000

Reported in: 2000(6)ALD487; 2000(6)ALT513

1. This Civil Miscellaneous Appeal No. 1645 of 1997 was field under Section 384 of Indian Succession Act, 1925 read with Order 41, Rule 1 of the Code of Civil Procedure against the judgment and decree in AS No.29 of 1992 dated 26th February, 1997 on the file of the II Addl. Dist. Judge, Cuddapah, aggrieved by the finding that the first appellant is the wife of late Subba Rachaiah, and the appellants 2 to 4, children born to them are illegitimate children, are not entitled to succeed to the intestate properties of Subba Rachaiah inasmuch as the appellants 2 to 4 are the illegitimate children of late Subba Rachaiah and the second respondent herein is the wife of late Subba Rachaiah and the respondents 1, 3 and 4 are the legitimate children of late Subba Rachaiah and they are entitled to issue succession certificate to succeed to the petition schedule securities and accordingly dismissed the appeal confirming the order and decree dated 13-4-1992 in OP No. 16 of 1991 passed by the learned ...


Oct 18 2000

Mandal Revenue Officer, Luxittipet Vs. N. Satyanarayana Reddy and Othe ...

Court: Andhra Pradesh

Decided on: Oct-18-2000

Reported in: 2001(1)ALD547; 2001(1)ALT632

ORDERB. Subhashan Reddy, J. 1. This appeal and cross-objections arise under the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'). 2. Agricultural land of Ac. 4.00 gts. in Survey No.110 of Suraram, hamlet of Gullakota village of Luxettipet Mandal of Adilabad district situated on the main road leading to Luxettipet-Mancherial just 5 kilometres away from Luxettipet town has been acquired for providing house sites to the poor. The notification under Section 4(1) of the Act was gazetted on 27-2-1984. After making enquiry, the Land Acquisition Officer had passed award on 21-9-1984 fixing the market value for theacquired land at Rs. 6,500/- per acre. Dissatisfied with the quantum so fixed, the claimants had sought for reference under Section 18 of the Act for enhancement of compensation. On such a reference being made, the civil Court, after conducting enquiry, had refixed the market value for the acquired lands at the rate of Rs. 40,000/-per acre. The claimants had claimed m...


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