Andhra Pradesh Court January 2002 Judgments
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Challa Sudhakar Reddy Vs. the State of A.P., Rep. Public Prosecutor
Court: Andhra Pradesh
Decided on: Jan-31-2002
Reported in: 2002(1)ALD(Cri)332; 2002(1)ALT(Cri)360
Gopala Krishna Tamada, J. 1. In this revision, the petitioner assails the judgment of the learned Sessions Judge, Nellore, in Criminal Appeal No.38 of 1996, who confirmed the judgment of conviction for the offence punishable under Section 16(1)(c) of the Prevention of Food Adulteration Act and sentence of 6 months' rigorous imprisonment and fine of Rs.1000/-, passed in C.C. No.211 of 1991 by the learned Judicial I Class Magistrate, Gudur. 2. The case of the prosecution according to the evidence let in during the course of trial is that the Sanitary Inspector (P.W.1) went to the shop owned by the father of the petitioner and the petitioner did not allow him to enter into the shop even though P.W.1 disclosed his identity and the purpose of his visit. Hence, the complaint. 3. The learned counsel for the petitioner Mr. C. Praveen Kumar strenuously contended that the Food Inspector while visiting the shop owned by the father of the petitioner, did not follow the mandatory procedure of givin...
Kosipalli Satyanarayana Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Jan-31-2002
Reported in: 2002(1)ALD(Cri)667; 2002(2)ALT(Cri)85; II(2002)DMC749
Elipe Dharma Rao, J.1. This criminal appeal is directed against the judgment dated 29.2.1996 passed by the learned IV Additional Metropolitan Sessions Judge, Hyderabad, in SC No. 147 of 1995, whereby the learned Sessions Judge found the appellant-accused No. 1 guilty for the offence under Section 304-B of Indian Penal Code (for brevity the Code), convicted thereof and sentenced him to suffer rigorous imprisonment for seven years, which is the minimum mandatory imprisonment for the said offence, but acquitted the accused 2 to 4 of the said charge.2. The case of the prosecution, in nutshell, is that Manjula - the deceased was the wife of A-l, A-2 is the younger brother of A-l and A-3 is the mother of appellant, A-4 is the daughter of A-3. On 9.11.1991 on receipt of information from Gandhi Hospital, LW-17 Shiv Kumar Yadav, went to hospital and recorded the statement of the deceased, who was admitted therein, according to which the appellant married the deceased and at that time, cash of R...
K. Sudershan, Police Constable Vs. Director General and Inspector Gene ...
Court: Andhra Pradesh
Decided on: Jan-31-2002
Reported in: 2002(3)ALT256
ORDERB. Sudershan Reddy, J.1. The 3rd respondent-Superintendent of Police, Karimnagar by his order dated 16-7-1992 terminated the probation of the petitioner herein with effect from 15-7-1992 with one month pay under Rule 24 (a)(ii) of A.P. State and Subordinate Services Rules (for short 'the Rules'). Since the whole controversy centres around some expressions used in the said proceedings, we consider it appropriate to refer the whole of the order before we further proceed in the matter and the same is to the following effect:'NoA1/93/1056/89-92District Police Office, D.O. No. 1536/92 Karimnagar, Dt. 16-7-92District Orders:The probation of P.C. 2045 K. Sudershan of P.S. Keshavapatnam was last extended for a period of six months w.e.f. 25-8-1991 vide D.O. No. 2355/91 dt.19-11-1991 for his unsatisfactory work during the probation period. While extending the probation of P.C. he was advised to improve his work in his own interest, but he has not shown any improvement in his work. The CI a...
Gudivada Sai Baba Vs. State of A.P., Home Department and ors.
Court: Andhra Pradesh
Decided on: Jan-31-2002
Reported in: 2002(3)ALT391
ORDERP.S. Narayana, J.1. The Writ Petition is filed for a writ, order or direction more in the nature of mandamus declaring the rowdy-sheet proceedings launched and continued by the respondents-authorities as illegal and unconstitutional and for a consequential direction to remove the petitioner's name from the Rowdy Sheet Register and to pass appropriate orders.2. The case of the petitioner is that he is a law abiding citizen and a businessman running business in fancy article's and jewellery under the name and style of Sri Fancy and Ladies Corner at Peddapuram, commanding good reputation in the society. It was also stated that one M.V. Chandrasekhar of Peddapuram village filed private complaint before the Judicial first Class Magistrate, Peddapuram against 3rd respondent - Station House Officer,Peddapuram Police Station Under Sections 379, 380 and 352 IPC and the same was referred to Circle Inspector, Peddapuram for investigation and the Circle Inspector is investigating the case in ...
T.K. Srinivasulu Vs. Union of India (Uoi) and ors.
Court: Andhra Pradesh
Decided on: Jan-30-2002
Reported in: 2002(2)ALD381; 2002(2)ALT293; [2002]110CompCas578(AP)
ORDER1. This writ petition has been filed by one Dr. T. K. Srinivasulu with the following prayer:......to issue a writ of mandamus or anyother appropriate writ, order or direction, declaring the action of the 3rd to 9th respondent-Banks in charging 60 to 84% per annum as interest and other charges as unauthorized, illegal and void and consequently to direct the 1st, 2nd and 10th respondents to ensure the 3rd to 9th respondents to refund all the excess interest and other charges collected from the credit card holders by recasting their credit card accounts in addition of the interest @ 22% per annum from 1994 to 1998 as per the Special Banking Services Regulations and in addition of the interest @ 12% per annum from 1-1-1999 as per Prime Lending Rate, Interest Act, Money Lending Act and pass such other order or orders at this Hon'ble Court may deem fit and proper in the circumstances of the case.2. A general statement has been made by the petitioner that the respondent-Banks are chargin...
G. Gangadhar Vs. Apsrtc, Nizamabad and anr.
Court: Andhra Pradesh
Decided on: Jan-30-2002
Reported in: 2002(2)ALD416
P.S. Narayana, J.1. Heard the learned Counsel for the petitioner and also Mrs. Nanda Ramachandra Rao, learned Standing Counsel for the A.P. State Road Transport Corporation.2. As the subject-matter and the parties in both the writ petitions are one andthe same, both the writ petitions can be disposed of by a common order.WP No. 25343 of 1997:3. This writ petition was filed for a writ, direction or order and more particularly one in the nature of writ of mandamus declaring that the alteration of nature of user of shop No.5 in Armoor bus stand from clinic to books and stationery in the tender notification bearing No.Cl/122/(56)/1997 R.M. Nizamabad, dated 25-8-1997 was mala fide, arbitrary, illegal and violative of Articles 14, 19(1)(g) and 21 of the Constitution and for other appropriate reliefs.4. The case of the petitioner as stated in the affidavit filed in support of this writ petition is as follows:5. The petitioner is private medical practitioner with qualification of MBBS and has ...
Bathini Sambaiah Vs. Juluru Narayan
Court: Andhra Pradesh
Decided on: Jan-30-2002
Reported in: 2002(2)ALD636; 2002(3)ALT420
ORDERV. Eswaraiah, J. 1. This civil revision petition is filed against the order of the I Additional Senior Civil Judge, Warangal made in IA No. 840 of 2001 in OS No. 4/1996 dated 8-10-2001.2. The application filed by the petitioner under Order 9, Rule 13 Code of Civil Procedure to set aside the ex parte decree dated 16-11-1999 is allowed by the learned Senior Civil Judge subject to the condition that the petitioner deposits the entire suit costs on or before 30-10-2001 or else the petition stands dismissed. There was a delay of 346 days in filing the application under Order 9, Rule 13 CPC. The petitioner filed an application under Section 5 of the Indian Limitation Act in 1A No.920 of 2000 to condone the delay of 346 days in filing the application under Order 9, Rule 13 CPC to set aside the ex parte decree. The Court below while allowing the said 1A No.920 of 2000 condoned the delay of 346 of days on a condition of depositing l/4th of the decretal amount including the suit costs by th...
Manager, the New India Assurance Co. Ltd. Vs. Chintnala @ Anaganti Nar ...
Court: Andhra Pradesh
Decided on: Jan-30-2002
Reported in: 2002(3)ALT194
ORDERB.S.A. Swamy, J.1. In this LPA the issue that falls for consideration is whether the Motor Accidents Claims Tribunal-cum-District Judge or this Court on appeal is empowered to grant higher compensation over and above the claim made by the claimants in O.P.2. In this case the claimant who was injured in a motor vehicle accident, that has taken place on 12-1-1989 had claimed one lakh rupees as compensation.3. The Tribunal awarded compensation of Rs. 60,000/- under different heads including an amount of Rs. 43,200/- towards loss of future income on the basis of the Salary Certificate i.e., Ex.A-3, whereunder it was shown that he was drawing a salary of Rs. 500/- only from a poultry at the time of accident with 12% interest per annum from the date of filing of the application.4. Aggrieved by the award, the respondent herein i.e., the claimant filed C.M.A.No. 1845 of 1991. The learned Judge enhanced the compensation payable towards loss of future income observing that 'in assessing the...
Manager, New India Assurance Co. Ltd. Vs. Chintnala and anr.
Court: Andhra Pradesh
Decided on: Jan-30-2002
Reported in: I(2003)ACC208; 2002ACJ1524
B.S.A. Swamy, J.1. In this L.P.A. the issue that falls for consideration is whether the Motor Accidents Claims Tribunal-cum-District Judge of this court on appeal is empowered to grant higher compensation. Over and above the claim made by the claimants in O.P.2. In this case the claimant who was injured in a motor vehicle accident, that has taken place on 12.1.1989 had claimed Rs. 1,00,000 as compensation.3. The Tribunal awarded compensation of Rs. 60,000 under different heads including an amount of Rs. 43,200, towards loss of future income on the basis of the salary certificate, i.e., Exh. A-3, whereunder it was shown that he was drawing a salary of Rs. 500 only from a poultry at the time of the accident with 12 per cent interest per annum from the date of filing of the application.4. Aggrieved by the award, the respondent herein, i.e., the claimant filed CM.A. No. 1845 of 1991. The learned Judge enhanced the compensation payable towards loss of future income observing that 'in assess...
Mohd. Kazam Ali Khan Vs. Chief Election Commission of India, New Delhi ...
Court: Andhra Pradesh
Decided on: Jan-29-2002
Reported in: 2002(2)ALD332; 2002(2)ALT218; 97(2002)DLT28
Ar. Lakshmanan, C.J.1. Heard Sri K.K. Waghray, learned Counsel for the petitioner and Mr. C.P. Sarathy, learned senior advocate for the Election Commission.2. The writ petition is filed seeking a direction in the nature of writ of mandamus declaring the action of the Election Commission of India directing the petitioner to choose a different name for the political party, Ambedkar National Congress, as illegal, arbitrary and unwarranted.3. The petitioner submitted that his party was established on 12-7-1998 at Hyderabad and that in response to the representation dated 5-8-1998, the Election Commission by its letter dated 14-8-1998 had raised some objections. In response to the objections raised and forwarded by the authority, the petitioner states that the same were complied with and sent the same to the authority along with covering letter dated: 16-3-1999. According to the petitioner, the petitioner submitted the application and forwarded the same on5-8-1998 after complying with all o...
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