Andhra Pradesh Court March 2000 Judgments

Shri Rohinton Noria Vs. Ncc Finance Ltd. and anr.

Court: Andhra Pradesh

Reported in: 2000(1)ALD(Cri)664; 2000CriLJ4117

ORDERVaman Rao, J. 1. Heard both sides. 1. This petition under Section 482 of CrPC seeks quashing of the proceedings in C.C.no.329 of 1998 on the file of the XXIII Metropolitan Magistrate, Hyderabad in which the petitioner as accused no.5 faces a charge under Section 138 of the Negotiable Instruments Act along with four other accused. 2. The respondent no.1-complainant is said to be a company called M/s. NCC Finance Limited. According to the averments in the complaint, the accused no.1 approached the complainant for purchasing computer equipment on hire purchase basis. The accused entered into a hire purchase agreement for an amount of Rs.8,07,921/- with the complainant company on 4.9.1997. The amount was to be repaid in 18 instalments at the rate of Rs.44,876/- per month. The accused paid the first instalment and part of second instalment and thereafter committed defaults. The accused issued cheque no.607682 dated 4.2.1998 for an amount of Rs.44,885/- drawn on State Bank of Hyderabad,...

Adithya Alkalods Ltd. and ors. Vs. Ncc Finance Ltd. and anr.

Court: Andhra Pradesh

Reported in: 2001CriLJ1585

ORDERK.B. Siddappa, J.1. The petitioners/accused were found guilty of the offence under Section 138 of Negotiable Instruments Act.2. The complaint is that the accused availed bill discounting facility. In pursuance of Ex. D-1 letter which is admittedly written by the complainant, the undated cheque in question was deposited as security. Subsequently, the bill discounting facility was turned into a hire purchase agreement on 30-8-1995. In pursuance thereof, the accused has to pay the amount in 36 instalments. In furtherance thereof, the accused issued 36 post dated cheques. It seems, the accused paid only four instalments. The case of the defence is that the complainant made use of the cheque issued during bill discounting facility transaction, dated it as 18-2-1997 and presented the same. When the cheque was dishonoured, the case was filed. It is the further case of defence that the cheque dated as 18-2-1997 cannot be made use of because that was issued when the bill discounting facili...

Kamal Talkies Vs. the Divisional Manager, United India Insurance Compa ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. The complainant is the Kamal Talkies represented by its Managing Partner Sri Y. Suresh Kumar. It was owning a cinema theatre at Cinema Road in Adilabad which was being insured with the United India Insurance Company Limited (Insurance Company for short) represented by opposite parties. According to the complainant it was renovated in 1994 at considerable cost. On 20.6.1995 it was gutted in a fire. The fact that there was a substantial loss to the complainant in that fire and that the fire occurred during the period that cinema theatre including the equipment like projector, generator set, fixtures and furniture was insured and was covered by Fire Policy-C dated 24.2.1995 for the period 24.2.1995 to 23.2.1996 (xerox copy of the schedule of policy marked as Ex. A-1 and conditions of the policy marked as Ex. A-2) is not disputed by the Insurance Company. The accident was reported to the Insurance Company on 20.6.1995 itself and on 21.6.1995 the first opposit...

Smt. Nandyala Rangamma Vs. Kum. N. Hima Bindu and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. We do not find any merit in this application for leave to prefer appeal against the order of the Ranga Reddy District Forum in C.D. No. 170/1996 dated 9.11.1999. 2. The petitioner contends that she was the mother of the insured one Sri Nandyala Damodar Reddy and that the order of the District Forum affected her rights because she was excluded from a share in the insurance amount. It is not her case that she made any claim before the Insurance Company or that she complained of any deficiency in service towards her on the part of the Insurance Company. Her husband i.e., the father of the insured, was the guardian of the minor daughter and son of the insured. They represented by him. their paternal grand father, approached the Ranga Reddy District Forum by way of C.D. No. 170/1996 complaining that inspite of their lodging claim before the Life Insurance Corporation of India (LIC for short) the L.I.C. did not settle their claim and, therefore, sought reliefs ...

M. Rama Mani Vs. Andhra Pradesh State Road Transport Corporation, Hyd.

Court: Andhra Pradesh

Reported in: 2000(2)ALD757; 2000(2)ALT589; [2000(86)FLR703]

ORDER1. The petitioner's husband, namely late Sri C. Varadaiah while serving as mechanic in the establishment of the APSRTC died on 29-6-1996. The petitioner submitted a representation to the management to appoint her on compassionate ground to the post of Conductor or any other suitable post. The petitioner has passed Intermediate examination conducted by the A.P. State Intermediate Board. The petitioner's case was considered by the management for appointment to the post of Conductor, and during the interview it was noticed that the petitioner has possessed 145.5 cms. of height whereas under the regulations governing recruitment to the post of Conductor, the applicant for the post should possess minimum height of 153 cms. On the ground that the petitioner does not possess the prescribed minimum height, her request for appointment to the post of Conductor was rejected, and accordingly, the Executive Director (Admn.) by proceeding dated 16-2-1998 informed the petitioner.2. At the time o...

P. Sadananda Reddy Vs. C. Venkata Ratnam and Others

Court: Andhra Pradesh

Reported in: 2000(3)ALD385; 2000(3)ALT229

1. The CRP is filed against the Orders passed by the learned I Senior Civil Judge, City Civil Court, Hyderabad in OP No.1 of 1997.2. The petitioner is the 1st respondent in the OP. It was filed by C. Venkat Ratnam and others, who are respondents in this revision and petitioners in OP seeking to make the award of the Arbitrators dated 1-4-1994 Rule of the Court.3. Certain events leading to the filing of the OP may be stated succinctly:The parties as arrayed in the OP are referred to herein for the purpose of convenient disposal. The petitioners entered into an agreement of sale with the respondents on 5-8-1993 wherein the petitioners agreed to sell and part with the Company under the name and style of M/s. Ideal Industrial Explosives (P) Limited, registered under the Companies Act and the respondents agreed to purchase the same under a Memorandum of Understanding. Certain disputes arose out of the said agreement and the matter was referred to private Arbitrators namely Mr. A. Narsinga R...

Sree Pancha Murthy Co-op. House Building Society Ltd. Vs. Govt. of A.P ...

Court: Andhra Pradesh

Reported in: 2000(3)ALD520

1. All the writ petitions can be disposed of by a common judgment, since the questions of law raised in all these writ petitions is one and the same. 2. For the sake of convenience and to appreciate the events leading to the filing of the respective writ petitions, brief facts are narrated hereunder: In all these writ petitions, Sree Pancha Murthy Co-op. House Building Society Limited is the writ petitioner. WP No. 11200 of 1998 was filed seeking writ of mandamus declaring an extent of 5 acres of land held by the petitioner in S. No.129 of 105 now treated as a part of TS No.1/1/1, BIock-H, Ward No.10 o-c Shaikpet Village, Golconda Mandal, Hyderabad District as having been handed over to the 5th respondent A.P. State Non-Resident Indians Re-Investment Corporatin Limited, Hyderabad (hereinafter called as ANRICH) as illegal and without jurisdiction and for consequential direction not to disturb the petitioners from the enjoyment of the aforesaid lands. Writ Petition No. 19297 of 1998 was ...

M. Niranjan Reddy and ors. Vs. State of A.P.

Court: Andhra Pradesh

Reported in: 2000CriLJ3125

ORDERK.B. Siddappa, J.1. This revision is directed against the order passed by the VI Additional Metropolitan Sessions Judge, Secunderabad and Special Judge for trial of Offences under SC and ST (POA) Act, 1989. In this case, investigation was done by the Inspector of Police under Protection of Civil Rights Act. At the time of filing of the chargesheet it was found that the offences under SC and ST (POA) Act are committed and charge sheet was filed by Assistant Commissioner of Police, Asifnagar Division. This is questioned in these proceedings. The main contention is that, by virtue of Rule 7 of SC and ST (POA) Act, only the Deputy Superintendent of Police, specially empowered, shall investigate in the case. In the case on hand, admittedly Circle Inspector has investigated for the offences under Protection of Civil Rights Act. Therefore, charge sheet under SC and ST (POA) Act, cannot be filed on the basis of investigation done by the Circle Inspector of Police. It is not the case that ...

M. Suryanarayana Murthy Vs. State of A.P.

Court: Andhra Pradesh

Reported in: 2000(1)ALD(Cri)718; 2001CriLJ3073

ORDERVaman Rao, J.1. This petition under Section 482 Cr.P.C. seeks quashing of the proceedings in F.I.R. No. 66 of 2000 registered at P.S. Chilkalaguda in which the petitioner is accused of offences under Sections 403, 405, 420, 425 and 500 I.P.C.2. The First Information Report has been registered on the basis of a written complaint lodged by one Srinivas and others said to be the victims of the offence in question. The complaint discloses that the de facto complainants are unemployed persons possessing certain educational qualifications. They were given to understand that the accused was going to establish a Cooperative Urban Bank in Himayathnagar at Hyderabad for which he needed staff. Thereupon the de facto complainants approached the accused, who represented to them that he was going to establish a bank called Abhay Co-operative Urban Bank Limited. He further offered them that if they contributed Rs. 50,000-00 to Rs. 1,00,000-00. towards share capital, they will be provided jobs in...

D. Suryanarayana and Others Vs. Government of Andhra Pradesh and Other ...

Court: Andhra Pradesh

Reported in: 2000(3)ALD120; 2000(2)ALT787

ORDERD.S.R. Varma, J.1. This writ petition is field assailing G.O.Ms.No.609, dated 15-11-1996 issued by the first respondent and the consequential order of the second respondent dated 22-11-1996.2. The brief facts giving rise to filing the writ petition are that the villages Palasa, Kasibugga, Mogilipadu, Chinabadam, Anthrakudda and Thallabadra are Gram Panchayats in Palasa Mandal. The petitioners are the residents of the said villages. While so, the second respondent issued show-cause notices dated 6-6-1995 calling upon the above Gram Panchayats to show-cause as to why the notification constituting the said Panchayats shall not be cancelled for purpose of constitution of Nagar Panchayat viz., Palasa-Kasibugga NagarPanchayat under A.P. Municipalities Act. The said show-cause notices were issued to the Special Officers/Executive Officers of the respective Panchayats. Since no objections or suggestions have been received, the first respondent issued notification in G.O.Ms.No.609 (Muncipa...