Andhra Pradesh Court February 2000 Judgments
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S. Rama Vijaya Lakshmi Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Feb-11-2000
Reported in: 2000(1)ALD(Cri)498; 2000CriLJ2122; I(2001)DMC117
Vaman Rao, J. 1. This petition under Section 482 Cr.P.C seeks quashing of proceedings in CC.No.136 of 1999 on the file of XXII Metropolitan Magistrate - cum - Mahila Court at Hyderabad in which the petitioner-accused No.2 along with other accused faces charges under Sections 498A. 494 and 406 I.P.C and Sections 4 and 6 of Dowry Prohibition Act. 2. The petitioner herein is alleged to be the women with whom accused No.1 had contracted second marriage while his marriage with the defacto complainant was still subsisting and thus she committed the offence under Section 494 IPC. A reading of the charge sheet would show that she is also sought to be fasten with liability under Section 498A and 406 IPC. 3. The contention of the learned counsel for the petitioner is that offences under Section 498A and 406 IPC can by no stretch of imagination can be attributed to the petitioner herein. In regard to the offence under Section 494 IPC, the learned counsel for the petitioner contends that there is ...
D. Naveen Babu Vs. Convenor, Mbacet-1998 and Others
Court: Andhra Pradesh
Decided on: Feb-10-2000
Reported in: 2000(2)ALD585; 2000(2)ALT180
ORDER1. Though the reliefs sought for in these two writ petitions are different, as they relate to the admissions to MBA Course and the petitioner being one and the same, both the writ petitions can be disposed of by a common order.2. The petitioner having secured a rank of 2276 in the Common Entrance Test for MBA Course for the academic year 1998-99, applied for admission as the child of an ex-army personnel.3. It is his case that he falls under preference No.11 for admission into the course. When the respondents having issued a call letter did not give admission to the petitioner on the ground that he has not produced the original disability certificate issued by the Ministry of defence in favour of his father, he filed Writ Petition No.27600 of 1998 seeking a direction to the Convenor to consider his case under category II for the seats earmarked for the children of ex-service man and obtained interim orders to that effect. As per the interim orders of this Court, the case of the pe...
New India Assurance Company Ltd., Visakhapatnam Vs. Palla Peda Polamma ...
Court: Andhra Pradesh
Decided on: Feb-10-2000
Reported in: II(2000)ACC183; 2000(2)ALD650; 2000(3)ALT332
1. The New India Assurance Company Limited, Visakhapatnam filed this civil miscellaneous appeal against the order of the District Judge and Motor Accidents Claims Tribunal, Visakhapatnam dated 5-7-1989 in MOPNo.131 of 1986.2. The appellant is the 3rd, respondent in the said OP. Respondents 1 to 5 are the claimants in the OP. The 6th respondent herein is the driver and the 7th respondent is the owner of the offending vehicle. The 6th respondent is given up and as far as the 7th respondent is concerned, proof of paper publication has been filed, which is sufficient proof of service of notice, but, no one appeared on behalf of the 7th respondent.3. Sri Kota Subba Rao, the learned Counsel for the appellant-Insurance Company contended that the appellant is not disputing the occurrence of the accident that took place due to the rash and negligent driving of the lorry bearing No.AAV 636 belonging to the 7th respondent and it is also not disputing the total quantum of compensation arrived at R...
Mirapala Venkata Ramana Vs. Mirapala Peddiraju
Court: Andhra Pradesh
Decided on: Feb-10-2000
Reported in: 2000(2)ALD723; 2000(1)ALT540; II(2000)DMC40
ORDERB. Subhashan Reddy, J. 1. Thisappeal is directed against grant of divorce to the wife who is appellant herein. OP No.120 of 1988 was instituted by the husband/respondent on (he file of the Subordinate Judge, Eluru seeking divorce against the appellant herein on the ground of adultery. It was specifically alleged that the appellant has sexual relations with one Meesala Satyanarayana who was residing nearby her matrimonial house. Meesala Satyanarayana has not been made a party and in fact, it was specifically pleaded by the appellant in her written statement. Even though the said plea was recorded by the lower Court, the lower Court did not concentrate on that aspect at all. In a case for divorce basing on adultery, the adulterer is a necessary party and ought to be made second respondent in the instant case. But, the respondent/husband had failed to implead the alleged adulterer and as such the OP is hit by non-joinder of necessary party. We are fortified in our view by the judgmen...
Oriental Insurance Company Limited Hyd. Vs. Koti Koti Reddy and Anothe ...
Court: Andhra Pradesh
Decided on: Feb-10-2000
Reported in: II(2000)ACC210; 2001ACJ244; 2000(2)ALD815; 2000(2)ALT574; [2000(85)FLR725]; (2000)IILLJ552AP
1. This appeal is filed by the Oriental Insurance Company against the order of the Commissioner for Workmen's Compensation, Guntur passed in WC Case No.117 of 1992 dated 22-6-1993.2. The 1st respondent is the applicant before the Commissioner for Workmen's Compensation, Guntur Region, Guntur (hereinafter referred to as 'the Commissioner'). The 2nd respondent is the owner of the vehicle and the appellant is the insurer.3. While the 1st respondent was driving the lorry bearing No.AEG 1152, the lorry met with an accident on 29-7-1991 and he received personal injuries in the accident arising out of and in the course of his employment and got permanent disability and loss of earning capacity to the tune of 100% as the driver of the vehicle. The injuries caused to the 1st respondent were on the forehead and right leg particularly at joint and foot. The permanent disability was assessed as 30% by the doctors and due to the calcanium fracture, he cannot work as the driver. When there is stress...
Nandinampati Lakshmi Narasimha Rao Vs. Sirikonda Veera Raghavamma and ...
Court: Andhra Pradesh
Decided on: Feb-10-2000
Reported in: 2000(3)ALD685; 2000(4)ALT377
1. These three appeals arises out of a common judgment and decree dated 25-9-1995 passed by the learned Subordinate Judge, Eluru in OS Nos.50of 1992 and OS No.65of l993. OS No.50 of 1992 was filed seeking the relief of specific performance of an oral agreement of sale in respect of the premises bearing Door No.7A-9-27/2 along with a site of 71.6 sq. yards situate at Main Bazaar, Eluru town or in the alternative to pay damages of Rs.2.00 lakhs. OS No.65 of 1993 was filed seeking eviction of the defendants from the above premises and for recovery of arrears of rent and damages. Both the suits having been dismissed by a common judgment, the plaintiff in OS No.50 of 1992 filed AS No.104 of 1997, and the plaintiff in OS No.65 of 1993 filed AS No.154 of 1995 on the file of the I Additional District Court, West-Godavari District at Eluru, which subsequently was transferred pursuant to an order of this Court and renumbered as AS No.1943 of 1998. The defendants in OS No.65 of 1993 filed the app...
Thatikonda Venkateswarlu and Other Vs. Inspector of Police, Vigilence ...
Court: Andhra Pradesh
Decided on: Feb-10-2000
Reported in: 2000(5)ALD486; 2000(3)ALT562a
ORDER1. This Court while disposing of a Batch of writ petitions being WP No.15224 of 1999 and Batch found that the Amending Act 18of 1981 was not in existence therefore cases under Essential Commodities Act had to be dealt with in accordance with the Essential Commodities Act, 1955 as it stood before the Amendment of 1981. Necessary directions were given. It appears that the registry had issued a Circular in terms of the directions given by this Court.2. Now, it appears that a letter has been received by the Registrar (Judicial) from Sri T. Lakshmana Rao, Special Judge for trial of cases under Essential Commodities Act seeking certain clarifications. On the basis of this letter a note was put up before me in my chambers. Clarification is sought as to what would be the fate of pending cases in the light of judgment given by this Court. I directed that the matter be listed before the Court after serving a notice on the Additional Advocate-General who had appeared earlier in the matter. T...
Chinni Balagangadhar Tilak Vs. Senior Divisional Manager, Lic of India ...
Court: Andhra Pradesh
Decided on: Feb-09-2000
Reported in: 2000(3)ALD253; 2000(3)ALT544
ORDER1. The petitioner who is working as an Assistant in Life Insurance Corporation of India, Prakasam District, has filed this writ petition questioning the action of the respondents in not calling him for interview to the post of Higher Grade Assistant though he is qualified and calling the candidates for interview who neither passed the departmental promotion tests nor possessing technical qualifications as required under the Life Insurance Corporation of India Class III and Class IV Employees (Promotion) Rules, 1987 (for short 'the Rules'), as illegal, arbitrary and violativc of Article 14 of the Constitution of India.2. The respondents seemed to have issued a notification on 30-10-1999 calling for applications, from the eligible employees of the Corporation for promotion to the post of Higher Grade Assistant, in the prescribed format on or before 15-11-1999. It is aiso made clear in the notification that the conditions of eligibility including service and qualifications would be r...
Mr. Amit Desai and anr. Vs. Shine Enterprises and State
Court: Andhra Pradesh
Decided on: Feb-09-2000
Reported in: 2000(1)ALD(Cri)587; 2000(1)ALT(Cri)384; [2001]107CompCas22(AP); 2000CriLJ2386
ORDERRameswh Madhav Bapat, J.1. On a reference made by the learned Single Judge for placing the matter before the appropriate bench, this matter is posted before this Bench.2. The petitioners herein were the accused in C.C.No.88/97 filed by the complainant-first respondent herein in the Court of the Judicial Magistrate of First Class, Madanapalle, Chittoor District. The present petition has been filed by the accused-petitioners herein for quashing the same under section 482 Cr.P.C.3. The complainant had made the following averments in his complaint. It was averred by the complainant that the complainant is doing business in Madanapalle Town under the name and style of M/s. Shine Enterprises. It is a partnership firm. It is the further case of the complainant that the complainant had a commercial dealing with the accused. They were purchasing non-alcoholic beverage drink called 'PEPUP' black label since 1996. They had deposited a sum of Rs.10,000/- as a caution deposit with the accused....
T. Ramachandraiah Vs. N.R. Suyodhanan
Court: Andhra Pradesh
Decided on: Feb-09-2000
Reported in: 2000(2)ALT175
ORDERG. Bikshapathy, J.1. The C.R.P. is filed against the orders of the learned Additional Senior Civil Judge, Tirupathi in I.A. No. 287 of 1999 in O.S. No. 110 of 1994.2. The petitioner is the defendant The respondent/plaintiff filed suit for specific performance of agreement of sale dated 10-10-1991 in respect of suit schedule property. It is the case of the petitioner that such agreement was not executed and denies the same. However, trial has commenced in the suit. P.Ws.1 and 2 were examined and when P.W.3 was being examined, the plaintiff filed an application under Order XI Rule 1 C.P.C. seeking leave of the Court to issue interrogatories to the defendant. The said application was allowed by the lower Court by an order dated 2-7-1999 in LA. No. 287 of 1999. Aggrieved by the said order the present revision petition has been filed by the defendant.3. The learned Counsel for the petitioner, Mr. P.V. Vidyasagar submits that the very exercise of the power by the lower Court is wholly m...
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