Andhra Pradesh Court December 2002 Judgments

Radio Corner (Bally) and ors. Vs. Allwyn-a Unit of Voltas Ltd. and anr ...

Court: Andhra Pradesh

Reported in: 2003(1)ALD(Cri)271; 2003(2)ALT(Cri)289; II(2003)BC315; 2003CriLJ3319

ORDERL. Narasimha Reddy, J.1. These criminal revision cases were listed for admission on 28.8.2002. This Court ordered notice before admission. On service of notice the respondents entered appearance. Thereafter they were listed for admission. On 11.12.2002 there was no representation for the petitioners. Hence the cases were directed to be listed for orders on 13.12.2002. On that day also there was no representation and with a view to give further chance to the petitioners the matters were directed to be listed for dismissal today. Even today there is no response when the case is called. Hence this Court is constrained to decide the matter on merits. 2. The 1st respondent filed two complaints before the Court of VI Metropolitan Magistrate, Hyderabad under Section 138 of Negotiable Instruments Act against the petitioners herein. They came to be numbered as C.C. Nos. 375 and 387 of 1999. The same were pending trial. In the meanwhile, the petitioners filed T.S. No. 51 of 1999 on the file...

Accounts Officer Vs. Ismail

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Dr. (Mrs.) Mamata Lakshmanna, Member: 1. This appeal is filed by the opposite parties in C.D. No. 86/1992 on the file of District Forum, Nizamabad. 2. The complainant, a small businessman, has two telephones, one at his shop and the other telephone bearing No. 23178 is at his residence, which is provided with STD facility. He had been paying his telephone bills regularly which were never very high. He, however, received a bill dated 1.3.1992 for a sum of Rs. 9,407/- which was very high and as such he approached the opposite parties to rectify the same but since it was not done, he approached the District Forum. The opposite parties in their counter denied the allegation that the bill was excessive since the highest bill earlier paid by the complainant was Rs. 1,492/- and since the complainant is a businessman and as per the M.L.O.E. record of the department, the complainant used the STD facility extensively and hence the bill issued was correct. The complainant examined himself as P.W....

Anil Dagwale Vs. K. Raju and anr.

Court: Andhra Pradesh

Reported in: 2003(1)ALD(Cri)276; 2003(1)ALT(Cri)290; III(2003)BC260

G. Yethirajulu, J. 1. The appellant-complainant being aggrieved by the judgment of the IV Metropolitan Magistrate Court, Hyderabad acquitting the 1st respondent accused in C.C. No. 617 of 1995 for the offence under Section 138 of the Negotiable Instruments Act, 1881 ('the Act' for brevity) has preferred this appeal challenging its validity and legality.2. According to the appellant complainant, the 1st respondent took hand loans from him from January 1995 to May 1995 to a tune of Rs. 75,000/- for the purpose of development of his business. On 1.6.1995 the 1st respondent in discharge of the above said oral debt issued three cheques dated 1.6.1995, 5.6.1995 and 8.6.1995 (Exs. P.1 to P.3) for Rs. 25,000/- each. The appellant presented those cheques to the Bank on 13.7.1995, but they were dishonoured by the Bank on 14.7.1995 and a Cheque Return Memo was sent to him stating that the 1st respondent-accused closed his account. On 26.7.1995 the appellant issued a legal notice to the 1st respon...

K. Subba Rao Vs. Appellant Deputy Commissioner (Ct) and anr.

Court: Andhra Pradesh

Reported in: [2003]131STC359(AP)

ORDERDalava Subrahmanyam, J.1. The above revision petitions were filed by the revision petitioners against the common order passed by the appellate Deputy Commissioner, (CT), Kakinada in the appeal Nos. E-94/98-99,E-95/98-99, E-96/98-99 and E-97/98-99 in allowing the appeals and remanding the matters to the Assessing authority with a direction to issue fresh notice to the appellants and after giving an opportunity to them and to consider their objections and to pass the assessment orders afresh. 2. The brief facts leading to the filing of the revisions are as follows:The revision petitioner is the proprietor of Sri Srinivasa theatre at Thuni and he paid the Entertainment Tax under Section 4 of the A.P. Entertainments Tax Act, 1939 (for short 'the Act) up to 31.12.1983. Subsequently, sections 4 and 5 of the Act were amended and the revision petitioner challenged the amendment in W.P. No. 7241 of 1984 which was subsequently dismissed. The revision petitioner thereupon filed the civil app...

K. Sitarama Reddy Vs. Ajay Jain, District Collector

Court: Andhra Pradesh

Reported in: 2003(1)ALD688

P.S. Narayana, J.1. This Contempt Case is filed under Sections 10 and 12 of Contempt of Courts Act (hereinafter referred to as 'the Act' for the purpose of convenience) praying this Court to punish the respondent who is alleged to have committed the contempt of Court of the order dated 21-11-2001 made by this Court in Writ Appeal No. 1514 of 2001 and for such other suitable orders.2. The facts of the case in nut-shell can be stated as hereunder:3. The petitioner is the absolute owner of an extent of four acres of land in Survey No-233/24 situate in Nizampet Village,Qutubullapur Mandal, Rangareddy District and he has been in possession of the said property. The petitioner was issued patta certificate in Form-G of the Laoni Rules, 1950 on 15-8-1961 and his pattadar rights were recognised and implemented in the revenue and land records and he was issued pattadar pass book and title deeds. When the petitioner was about to sell this land, he came to know that the registration authorities we...

Reddy Anand Rao Vs. Thota Vani Sujatha and ors.

Court: Andhra Pradesh

Reported in: 2003(1)ALD713; 2003(1)ALT77

Ramesh Madhav Bapat, J 1. This is an appeal by the husband. He had filed O.S.SR. No. 1693 of 2000 in the FamilyCourt at City Civil Court, Hyderabad for dissolution of his marriage with respondent No. 1.2. The facts leading to the filing of this appeal can be briefly narrated as follows:3. That the appellant and the respondent No. 1 are Christians by religion, but they were married according to the Hindu Vedic rites in a Hindu temple. According to the averments made by the petitioner herein, that he was forced to marry the respondent No. 1. Therefore, he filed O.S. SR. No. 1693 of 2000 for dissolution of his marriage with respondent No. 1 with a prayer to set aside the Marriage Certificate No. 78 of 1999, issued on 8.9.1999 by the Marriage Registrar, Srikakulam and to dissolve the marriage between them. It further appears from the record that when the suit was presented, the office raised the objection stating that when there is a specific provision under the Hindu Marriage Act for decl...

P. Krishna Reddy Vs. M. Narasimha Reddy

Court: Andhra Pradesh

Reported in: 2003(2)ALD143

ORDERB.S.A. Swamy, J.1. In this application the First Additional District Judge, Chittoor sought for extension of time by six months to dispose of the appeal, A.S. No. 98 of 2001, pending on his file by stating that the appellant in the appeal Mr. Mangasamudram Narasimha Reddy changed his Counsel on the last date of adjournment i.e., on 25.7.2002 and the Counsel for the appellant having addressed the arguments, filed LA. No. 276 of 2002 under Order 41 Rule 27 CPC to receive two documents i.e., certified copy of the plaint in O.S.279/83 filed by the vendor of the respondent, and the notice issued by the daughter to his father, Mr. M. Narasimha Reddy seeking partition of the properties held by her mother who died intestate and the said I.A. is pending. Since the appellant changed his Counsel on the verge of the expiry of time, by order dated 8.11.2002, I directed not only the Counsel but also the appellant to be present before this Court.Today both of them appeared before this Court and ...

Nandigam Krishna Rao Vs. Vice-chancellor, Jntu and ors.

Court: Andhra Pradesh

Reported in: 2003(1)ALD751; 2003(1)ALT536

B. Sudershan Reddy, J.1. This writ petition has been taken on file on the strength of a representation dated 23-10-2000 made by a practising Advocate of this Court, Sri Nandigam Krishna Rao, to the Honourable Dr. Justice Motilal B. Naik. The said representation itself is based upon a news-item that appeared in VAARTHA Telugu Daily, Sunday Supplement, dated 22-10-2000.2. The purport of the said representation as well as the news-item relates to the high-handed action of the Jawaharlal Nehru Technological University (JNTU). It is alleged that the University indulged in the heinous act of exploiting the body of a tribal woman. The said tribal woman was made to expose her body nudely before the students learning fine arts, in lieu of a meager consolidated daily wage. Thereafter, she has been appointed as a Sweeper in the University on a consolidated pay of Rs. 900/- per month. Her services are being utilised without any regularisation whatsoever. It is alleged that the said tribal woman, i...

Ankati Satyamaiah Vs. Sallangula Lalaiah and anr.

Court: Andhra Pradesh

Reported in: 2003(2)ALD818; 2003(3)ALT193; 2003(2)ARBLR431(AP); [2003]45SCL381(AP)

ORDERT. Ch. Surya Rao, J.1. The revision petitioner assails the order dated 30.10.2002 passed by the learned Senior Civil Judge, Miryalaguda, in E.P.No. 60 of 2002.2. The revision petitioner sought to file the said Execution Petition before the Court of the Senior Civil Judge, Miryalaguda,as against the respondents herein who are the Judgment Debtors. The factual matrix reveals that the petitioner and the respondents by means of an arbitral agreement referred the matter to the Arbitrators for resolution of the dispute, who eventually passed an award. It appears that having been felt aggrieved, the first respondent herein filed an application to set aside the award, which is now pending adjudication before the District Court at Nalgonda. In the meanwhile the Decree Holder as stated hereinabove sought to execute the award as if it were a decree of the Civil Court by filing E.P.No.60 of 2002 under Section 36 of the Arbitration and Conciliation Act, 1996 ('the Act' for brevity) before the ...

Kishore Karwankar Vs. Joint Commissioner, Regional Transport Authority ...

Court: Andhra Pradesh

Reported in: AIR2003AP249; 2003(2)ALD280; 2003(1)ALT628

ORDERGoda Raghuram, J.1. Petitioner's motor car bearing No.AEY 6116 was intercepted on 6.11.2002 at 2 p.m., and on inspection it was revealed that the vehicle was fitted with Liquefied Petroleum Gas (L.P.G.) kit and was running on L.P.G. On the ground that it was being run on unauthorised fuel, the registration certificate and the driving licence were impounded for appropriate action. Alleging that no source of power for impounding is set out in the vehicle check report, that there is no power to impound and that the petitioner is empowered to run the vehicle on L.P.G., either by itself or in conjunction with any approved fuel, the petitioner is before this Court seeking the relief of a mandamus to the respondents to declare 'the prosecutions by the first respondent as mala fide and ultra vires the Motor Vehicles Act read with Constitution of India and further direct the first respondent to refrain from prosecuting the people using locally made L.P.G. kit from Andhra Pradesh' and for f...