Andhra Pradesh Court October 2002 Judgments
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Avutapalli Mangamma and anr. Vs. Alluru Panduranga Rao and anr.
Court: Andhra Pradesh
Decided on: Oct-29-2002
Reported in: 2003(1)ALD190; 2003(1)ALT765
G. Yethirajulu, J.1. The parties in these appeals are none other than brother and sisters. One Alluri Punnamma was blessed with a son and three daughters viz., Panduranga Rao, Mongamma, Chittamma and Kanakamma. The dispute arose between the brother and sisters in respect of 57 cents of suit schedule property in R.S. No. 3/5. According to daughters, Punnamma executed a registered Will dated 26-3-1981 bequeathing the suit property in favour of Mangamma, Chittamma and one Mettapalli Sambaiah, son of Kankamma (since died), but according to the son Panduranga Rao, while in death-bed Punnamma executed an unregistered Will dated 5-11-1983 bequeathing the suit property in his favour. The factual matrix leading to the filing of these appeals in brief is:Second Appeal No. 285 of 19912. This appeal is directed against the judgment and decree in A.S. No. 150 of 1989 on the file of the II Additional Subordinate Judge, Vijayawada reversing the judgment in OS No. 1570 of 1985 on the file of the I Add...
Jasti Vijayalakshmi and ors. Vs. Uppalapati Sunila and ors.
Court: Andhra Pradesh
Decided on: Oct-28-2002
Reported in: 2002(6)ALD581
ORDERGopala Krishna Tamada, J. 1. In this petition under Section 24 of Code of Civil Procedure, the petitioners seek transfer of EA No. 207 of 2002 in E.P.No. 15 of 2002 in O.S.No. 659 of 1996 on the file of the III Additional Senior Civil Judge, Vijayawada to the Court of the II Additional District Judge, Vijayawada to be clubbed and tried along with O.S.No. 15 of 2002.2. The facts that led to the filing of the transfer petition are that the 3rd respondent herein i.e., defendant in O.S. No. 15 of 2002 executed an agreement of sale dated 20.2.1993 in favour of the petitioners herein and in pursuance thereof, the petitioners gave Rs. 6.00 lakhs in two instalments, at the rate of Rs. 3.00 lakhs each, and the balance was only Rs. 4.00 lakhs and they were prepared to pay the said amount also. Inspite of their readiness to pay the balance amount, the 3rd respondent was not executing a registered sale deed, as a result of which, the petitioners were constrained to file O.S.No. 15 of 2002 and...
Kum. P. Ratna Kumari Vs. M.R.L.S.S. Murthy and anr.
Court: Andhra Pradesh
Decided on: Oct-28-2002
Reported in: 2002(2)ALD(Cri)938; 2003(1)ALT(Cri)159
ORDERC.Y. Somayajulu, J.1. This is an application to cancel the bail granted to the 1st respondent in Criminal M.P. No. 832 of 2002 by the learned I Additional Sessions Judge, Warangal.2. A case in Crime No. 45 of 2002 under Section 376 read with Section 109 I.P.C. and Section 3(1)(9) of S.Cs. & S.Ts. Prevention of Atrocities Act, 1989 was registered against the 1st respondent and another by the S.H.O. Kovvur Town P.S., West Godavari District. Crl.M.P. No. 832 of 2002 was filed on behalf of the 1st respondent before the Court of the Special Judge under S.C. S.T. Prevention of Atrocities Act alleging that the 1st respondent had surrendered before the II Additional Judicial First Class Magistrate, Kovvur on that day at 10.30 A.M. and was remanded to judicial custody. The learned Judge by his order dated 24-4-2002 granted bail to the 1st respondent subject to his executing a bond for Rs. 10,000/- with two sureties in a like sum each to the satisfaction of the Judicial First Class Magistra...
B. Balraj Goud Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Oct-28-2002
Reported in: 2003(2)ALD599; 2003(1)ALT(Cri)98
A. Gopal Reddy, J. 1. This writ petition is filed under Article 226 of the Constitution of India for issuance of a mandamus declaring the proceedings in Memo No. 21684/Arms/ 2002-2 dated 28-6-2002 of the 1st respondent, whereunder he confirmed the orders of the 2nd respondent in L.No. 270/ Chikkadpally who cancelled the Arms licence granted in favour of the petitioner as illegal and violative of Article 14 of the Constitution of India and for a consequential direction to renew the petitioner's Arms licence. 2. The petitioner was granted Arms licence by the Deputy Commissioner of Police East Zone, Hyderabad in Memo No. HE-3/3313/Arms/99 dated 6-12-1999 to possess a N.P bore Revolver/Pistol. The petitioner acquired a.32 bore revolver No. B77203 of Webley and Scot make. The licence granted to the petitioner vide 270/ Chikkadpally was valid upto 5-12-2000. While so, on receipt of the report from the Station House Officer, Chikkadpally a show-cause notice was issued to the petitioner on 10-...
Yakari Pochaiah (Dead) Yakari Satyanarayana and ors. Vs. State of A.P. ...
Court: Andhra Pradesh
Decided on: Oct-25-2002
Reported in: 2003(1)ALD181
D.S.M, J. 1. The petitioners, who are respondents in L.G.C. No. 145 of 1994, filed the writ petition challenging the decree and judgement in L.G.C. No. 145 of 1994 in directing the petitioners/respondents to deliver possession of the application schedule properties to the applicants within a period of two months and to pay costs of Rs, 5000/-. 2. The brief facts of the case are as follows:State of A.P. and HUDA represented by its Secretary filed L.G.C 145 of 1994 before the Special Court under A.P. Land Grabbing (Prohibition) Act, Hyderabad (forshort 'the Special Court') to declare the respondents as land grabbers and direct them to vacate and deliver possession of application schedule property and also to pay a sum of Rs. 90,00,000/- towards compensation for wrongful possession and Rs. 98,00,000/- towards mesne profits. The application schedule property is in an extent of Ac.20.00 of land situated within the limits of Khairatabad village of Golconda Mandal which forms part of Hussains...
Akula Narayana Flour, Rice and Oil Mill and Three ors. Vs. the State o ...
Court: Andhra Pradesh
Decided on: Oct-25-2002
Reported in: 2002(2)ALD(Cri)665; 2003(1)ALT(Cri)65
ORDERC.Y. Somayajulu, J.1. Heard both sides. 2. Alleging that petitioners pilfered energy, the Inspector of Police, Vigilance, and A.P.T.C., Sangareddy, Medak District registered a case in Crime No. 54 of 1995 under Sections 39, 44, and 49A of Indian Electricity Act, 1910 and after investigation, filed a charge sheet against the petitioners in the Court of the Additional Judicial First Class Magistrate, Sangareddy. The learned Magistrate framed charges against the petitioners for offences under Sections 39 and 44 of the Indian Electricity Act.3. Subsequently, as per the State amendment to Indian Electricity Act, punishment for pilferage of energy was enhanced and Special Tribunals were constituted to try the offences under Electricity Act. Additional District and Sessions Judges were constituted as Special Tribunals under the Electricity Act. After the constitution of the Special Tribunal, the case against the petitioners, which was pending on the file of the Court of the Additional Ju...
Suram Kiran Kumar Reddy and ors. Vs. State of A.P. and anr.
Court: Andhra Pradesh
Decided on: Oct-25-2002
Reported in: 2002(6)ALT565
ORDERC.Y. Somayajulu, J. 1. This is a petition to quash the proceedings in P.R.C. No. 9 of 2002 arising out of Crime No. 42 of 2001 of Ramgopalpet Police Station.2. 2nd respondent gave a report to the Inspector of Police, Ramgopalpet P.S., alleging that she was introduced to the 1st respondent at a function on 31-12-2000 (wrongly typed as 2001 in the FIR) held in a hotel by her friends and gradually friendship grew between them, resulting their falling in love with each other and so they had on 1-5-2001 decided to marry, and started spending nights in hotels and were moving around as if they were husband and wife, and on one day when petitioners 3 and 4 (parents of 1st petitioner) were away from Hyderabad, she and 1st petitioner spent a whole night in the house of 1st petitioner, and on one occasion 4th petitioner (mother of 1st petitioner) presented diamond studded platinum tops, and even when the 1st petitioner went to East Africa on business trip he used to be in touch with her and ...
Moden Venkataramana Vs. Palagiri Rasool Saheb
Court: Andhra Pradesh
Decided on: Oct-25-2002
Reported in: 2003(1)ALT545
G. Bikshapathy, J.1. The Second Appeal is filed against the judgment and decree rendered by the learned Senior Civil Judge, Pileru reversing the judgment and decree of the learned District Munsif, Vayalapad in O.S. No. 45 of 1988.2. The appellant is the plaintiff. He filed suit in O.S. No. 45 of 1988 for recovery of certain amount on the basis of a pronote dated 15-3-1985. The defendant resisted the suit on the ground that no consideration was passed under the said pronote and that the pronote was executed as security for the chit, which he had lifted from the plaintiff who has been doing chit business and he was a subscriber of a chit of the value of Rs. 15,000/-. After the chit was lifted, he had executed the pronote as a security and therefore, there was no consideration at all. The defendant also contended that he is a small farmer and he is entitled for the protection under A.P. Act No. 45 of 1987.3. On the basis of the respective contentions, the lower court framed the following ...
Smt. Mallela Laxmi and ors. Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Oct-25-2002
Reported in: 2003CriLJ638
ORDERS.R.K. Prasad, J. 1. The petitioners, who were accused in C.C. No. 51 of 2001 on the file of the II Additional Judicial First Class Magistrate, Khammam, invoke the inherent powers of this Court under Section 482, Cr.P.C. to quash the proceedings in the above C.C.2. A brief resume of the background of the facts is necessary for disposal of this petition.The 1st petitioner is a dealer in pesticides and seeds. He is carrying on his business at Mudigonda in Khammam district. The 2nd petitioner is the wholesale dealer, who supplies the seeds to the 1st petitioner. The 3rd petitioner is the Production Manager of M/ s. Hindustan Lever Private Limited. The Seed Inspector Sri. V. Jayaraju took sample of the seed after serving notice in Form 6 from the shop of the 1st petitioner. He sent one part of the sample to the Assistant Director, Agriculture (Seed Testing Laboratory), Tadepalligudem on 6-7-2000 by registered post and the remaining part of the sample was retained with the Assistant Di...
V.C. Rajan and anr. Vs. the Presiding Officer of General Court Martial ...
Court: Andhra Pradesh
Decided on: Oct-24-2002
Reported in: 2003(6)ALD56; 2003(1)ALT527
Dubagunta Subrahmanyam, J.1. The writ petitioners in W.P. No. 11621 of 1991 filed this appeal against the order dated 30.08.1995 of the learned Single Judge dismissing the writ petition.2. Both the appellants were prosecuted under the provisions of the Army Act on two counts. The first count is that on 25.6.1985 the two appellants committed theft of 400 liters of petrol worth Rs.2904=00. The second count is that on 11.7.1985 both of them committed theft of 2,400 liters of HS Diesel worth Rs.8352=00. The General Court Martial was convened on 23.7.1986. It assembled from 28.7.1986 till 20.10.1986. In all 26 witnesses were examined by the prosecution. The appellants examined one defence witness on their behalf. Documentary evidence was also adduced by the prosecution. The Court Martial on a consideration of evidence on record found both the appellants guilty of the two charges framed against them. It convicted both the appellants. It imposed the punishment of dismissal from service and al...
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