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Andhra Pradesh Court February 2000 Judgments

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Feb 15 2000

Shroff Industries Chemicals Pvt. Ltd. and ors. Vs. Government of A.P., ...

Court: Andhra Pradesh

Decided on: Feb-15-2000

Reported in: 2000(1)ALD(Cri)495; 2000(3)ALT605; 2000(1)ALT(Cri)422; 2000CriLJ2092

Ramesh Madhav Bapat, J.1. The petitioners herein are accused in C.C.No. 131 of 1997 which is pending in the Court of VI Addl. Munsif Magistrate, Guntur. The prosecution was launched against the accused petitioners Under Section 29(1)(a) read with Section 3(k)(vii) of Insecticides Act, 1968, for contravening the provisions of Insecticides Act. The learned Magistrate took cognizance of the offence. The petitioners were made to appear before the Court and thereafter the trial concluded. On conclusion of the trial, the learned Magistrate found all the accused petitioners guilty of the charges levelled against them except Accused No. 9. A-9 died during the pendency of the trial. A-1 to A-8 were sentenced to pay a fine of Rs. 1,000/- in default, to suffer simple imprisonment for six months. A-10 was sentenced to pay a fine of Rs. 2,000/-. A-11 and A-12 were sentenced rigorous imprisonment for six months and to pay a fine of Rs. 2,000/-each, in default, to suffer simple imprisonment for one y...


Feb 15 2000

Vadla Ramaswamy Achary and Kumara Babu Vs. V. Leelavathamma and anr.

Court: Andhra Pradesh

Decided on: Feb-15-2000

Reported in: 2000(2)ALT216

ORDERG. Bikshapathy, J.1. This revision petition is filed against the orders dated 23-3-1999 made in I.A. No. 848 of 1998 in O.S. No. 101 of 1996 on the file of learned Principal Junior Civil Judge, Madanapalli, Chittoor District.2. The petitioner is the plaintiff. The plaintiff filed the suit for partition of the suit schedule property. During the course of the trial of the suit, the first respondent-V. Leelavathamma filed an application to implead her as the second defendant in the suit on the ground that the suit schedule property was purchased by the petitioner-plaintiff and the second respondent-first defendant out of the sale proceeds of the jewellary belonging to their mother and also their mother executed a Will bequeathing half share in the suit schedule property in favour of the first respondent, who is none else than the sister of the petitioner and second respondent. The said application was allowed by the learned Judge by the order dated 23-3-1999, against which, the prese...


Feb 14 2000

G. Venkata Rao Vs. Nallamolu Bala Koteswara Rao and Another

Court: Andhra Pradesh

Decided on: Feb-14-2000

Reported in: 2000(2)ALD755; 2000(3)ALT304

ORDER1. The petitioner, plaintiff ir. OS No.5 of 1999 on the file of the PrincipalJunior Civil Judge, Chirala, has filed this revision petition questioning the orders passed by the trial Court in IA No.596 of 1999, wherein the request of the petitioner to cancel the marking of documents Exs.Rl to R4 on 19-3-1999 on behalf of the defendant in the suit after the case was adjourned to 22-3-1999 at the request of the petitioner, was negatived on the ground that the documents are public documents and hence no prejudice is caused to the petitioner herein.2. The facts are not in dispute in this case. The petitioner filed OS No.5 of 1999 against the respondents seeking a permanent injunction restraining them from interfering with his possession and enjoyment over the suit schedule land and also filed IA No.596 of 1999 seeking temporary injunction. Initially the Court seemed to have granted temporary injunction. After the respondents entered their appearance and filed their counter, on the fate...


Feb 14 2000

M. Narasimha Reddy and ors. Vs. the Superintendent Engineer, Irrigatio ...

Court: Andhra Pradesh

Decided on: Feb-14-2000

Reported in: 2000(3)ALT295

ORDERR. Ramanujam, J. 1. The petitioners, who are three in number, filed this Writ Petition. Their case is that they are owners of Ac.25.04 guntas of land in Survey Nos.207 and 208 of Sripathipalli village, Warangal District. Originally, these lands are joint family property of one Sri M.Mohan Reddy and Sri M.Narayana Reddy, who were brothers. 1st and 2nd petitioners herein are the sons of the said Mohan Reddy and the 3rd petitioner herein is the son of the said Narayana Reddy. Their further case is that there was a family partition in the year 1983 and they were allotted the said lands in that partition, which, of course, was oral. Thereafter, the petitioners intimated the concerned revenue authorities to mutate the properties fell to their respective shares in their names in the revenue records. Acting upon the same, the revenue authorities mutated their names in all the concerned records in the year 1983 itself. Ever since the petitioners are in peaceful possession and enjoyment of ...


Feb 14 2000

Patnam Vahedullah Khan Vs. P. Ashia Khatoon and anr.

Court: Andhra Pradesh

Decided on: Feb-14-2000

Reported in: 2000(1)ALD(Cri)488; 2000(3)ALT571; 2000(1)ALT(Cri)410; 2000CriLJ2124

K.B. Siddappa, J.1. This revision is filed against the order dated 19-2-1999 passed in M.C. No. 129 of 1998 on the file of the Family Court, Vijayawada.2. The lower Court dismissed the M.C. with a direction to the husband to deposit maintenance amount of Rs. 2,075/- for Iddat Period of three months from 19-2-1998 to 18-5-1998, Rs. 1,025/- towards, Mahr amount and costs of Rs. 2,500/- were also granted to the wife under Sub-section (3) of Section 125, Cr.P.C. The said amounts were directed to be deposited within a period of one month from the date of the order.3. The above order of the Family Court is questioned in this revision.4. Admittedly, the respondent here is a divorced Muslim woman of the petitioner in the revision. The application was filed Under Section 125, Cr.P.C. before the Family Court with the following prayer:'Therefore, the petitioner prays the Hon'ble Court may be pleased to pass orders directing the respondent to pay Rs. 500/- per month from the month of September, 19...


Feb 14 2000

Patnam Vehedullah Khan Vs. P. Ashia Khatoon and anr.

Court: Andhra Pradesh

Decided on: Feb-14-2000

Reported in: II(2000)DMC427

K.B. Siddappa, J. 1. This revision is filed against the order dated 19.2.1999 passed in M.C. No. 129 of 1998 on the file of the Family Court, Vijayawada.2. The lower Court dismissed the M.C. with a direction to the husband to deposit maintenance amount of Rs. 2,075/- for Iddat period of three months from 19.2.1998 to 18.5.1998, Rs. 1,025/- towards Mahr amount and costs of Rs. 2,500/-were also granted to the wife under Sub-section (3) of Section 125, Cr.P.C. The said amounts were directed to be deposited within a period of one month from the date of the order.3. The above order of the Family Court is questioned in this revision.4. Admittedly, the respondent here is a divorced Muslim woman of the petitioner in the revision. The application was filed under Section 125, Cr.P.C. before the Family Court with the following prayer :'Therefore, the petitioner prays the Hon'ble Court may be pleased to pass orders directing the respondent to pay Rs. 500/- per month from the month of September, 19...


Feb 14 2000

K.P. Sekhar Babu and ors. Vs. T. Devarajulu and ors.

Court: Andhra Pradesh

Decided on: Feb-14-2000

Reported in: 2000(2)ALT243

B. Subhashan Reddy, J.1. This appeal is directed against the judgment and decree dated 13th March, 1995 passed by the Court of Additional Subordinate Judge, Tirupathi, in O.S. No. 320 of 1984. Defendants 24 to 26, 39 and 40 are the appellants. The plaintiff was one and defendants 46. The appellants herein claim that they are purchasers from Defendant No. 5 and others. Defendant No. 5 is one Panguluru Ramachandraiah. It is not disputed by either party that the original owner of the land was one Smt. Tirumalachetty Narsamma. Smt. T. Narsamma had executed an unconditional and absolute permanent lease deed dated 21-12-1921 in favour of Panguluru Chennamma. Smt. Narsamma died on 21-11-1942 and there were reversioners, who were to claim the rights. Three reversioners excepting Seshadri Chetty had affirmed permanent lease deed dated 21-12-1921 executed by Narsamma in favour of P. Chennamma by registered deed dated 11-1-1943. While the plaintiff's claim is that Seshadri Chetty's rights merged ...


Feb 11 2000

Crane Betel Nut Powder Works, Guntur Vs. Commercial Tax Officer, Guntu ...

Court: Andhra Pradesh

Decided on: Feb-11-2000

Reported in: 2000(2)ALD302; 2000(3)ALT401

ORDERP. Venkatarama Reddi, J.1. Heard both the Counsel at the admission stage.2. The petitioner questions the Constitutionality of the amendment effected to Section 19 of the A.P. General Sales Tax Act by Act 8 of 1997 and seeks a direction to the 2nd respondent to dispose of the condone delay application and the appeals filed for the years 1985-86 to 1990-91 and 1995-96 on merits. By the said amendment, the Appellate Authority is empowered to condone the delay in filing an appeal only upto 30 days. The appeal for the year 1990-91 was filed with a delay of 6 years and 3 months. Appeals for the earlier years will be much more. The appellate Deputy Commissioner by his order dated 15-3-1999 declined to admit the appeal on the ground that it was not within his competence to admit the appeal after the expiry of total period of 60 days from the date of service of assessment order. The ground for filing the appeal is that the entry under which the betel-nut powder was subjected to higher rate...


Feb 11 2000

Dr. Lokeshwari Vs. Dr. Srinivasa Rao

Court: Andhra Pradesh

Decided on: Feb-11-2000

Reported in: 2000(3)ALD350; 2000(3)ALT130; II(2000)DMC351

ORDERMotilal B. Naik, J1. CMANo. 1082 of 1996 arises out of an order passed by the Court of Subordinate Judge, Kavali in OP No.2 of 1988 filed by the husband under Section 13(1)(ia) of the Hindu Marriage Act, 1955 and CMA No.1257 of 1996 arises out of an order passed by the same Court in OP No.85 of 1988 filed by the wife under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights. The learned Subordinate Judge, Kavali allowed OP No.2 of 1988 filed by the husband and granted a decree of divorce between the parties and dismissed OP No.85 of 1988 filed by the wife for restitution of conjugal rights, by a common order dated 28-9-1995. The wife has filed these two appeals aggrieved by the common orderpassed by the Court below in the two respective OPs.2. For the sake of convenience, the parties are addressed to as the wife and husband.3. The appellant-wife and respondent-husband are doctors by profession. Their marriage took place on 19-3-1981 at Secunderabad as per ...


Feb 11 2000

Potluri Rajeswara Rao Vs. Syndicate Bank

Court: Andhra Pradesh

Decided on: Feb-11-2000

Reported in: 2000(3)ALD508; 2000(3)ALT306

ORDER1. An interesting question of enforcement of foreign judgment, jurisdiction, involving private international law read with Sections 13, 44 and 44A of the Civil Procedure Code falls for consideration in this revision petition. What is known as 'Private International Law' is not a law governing relations betweenindependent States. It is a branch of civil law of (lie State evolved to do justice between litigating parties in respect of transactions involving a fonrign element. Thus private International Law comes into operation whenever the Court is faced with the claim that contains foreign judgment and decree. Instances are not wanting when the Court in one country must take into account the 'rule of law' that exists in another country. This is on the basis of the reciprocating agreement entered into between the two countries for the. purpose of enforcing the decree and judgment of another country as if it has been passed and decreed in the country where it is sought lo be enforced....


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