Andhra Pradesh Court February 2002 Judgments
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C.E.i. Consultancy and anr. Vs. Modi World Infotech and anr.
Court: Andhra Pradesh
Decided on: Feb-20-2002
Reported in: 2002(1)ALT(Cri)517; 2002CriLJ2731
ORDERC.Y. Somayajulu, J. 1. This petition is filed to quash the proceedings in Criminal R.P.No. 144 of 2000 dated 22-2-2001 confirming the order in Criminal M.P. No. 1257 of 2000 in C.C.No. 313 of 1999 on the file of the Court of the II Metropolitan Magistrate Hyderabad refusing to discharge the petitioners.2. 1st respondent filed C.C. No 313 of 1999 against the petitioners for an offence under Section 138 of the Negotiable Instruments Act (the Act) contending that the first petitioner, which is a firm, is being run by C.R. Singh and C. Ramesh Singh, who are father and son and who are responsible for day- to -day business of the said firm, have on 29-91999 and 6-10-1999 issued cheques for the amount due to it and when those cheques were presented for payment they were dishonoured on 5-10-1999 and 13-10-1999 respectively and intimation of the dishonour of both cheques was received on 11-10-1999 and 20-10-1999 and that it has issued a statutory notice on 22-10-1999 to the petitioners, br...
Tera Software Ltd. Vs. Director of School Education, Hyderabad, A.P. a ...
Court: Andhra Pradesh
Decided on: Feb-19-2002
Reported in: 2002(2)ALD688
ORDERP.S. Narayana, J.1. The writ petition is filed for issuance of an appropriate writ, order or direction more in the nature of mandamus questioning the action of the 1st respondent in not rejecting the bid of the 3rd respondent under Clause 8(a) read with Clause 17(b) and Clause 29 of the bid documents and further declare the action of the 1st respondent in treating the 3rd respondent as L1 responsive bidder, vide tender Notice No. 242/SCERT/Computer Cell/D5/2001, dated 16-6-2001 and issue a consequential direction to the 1st respondent to consider the bid of the petitioner and treat the same as LI and pass such other suitable orders.2. In WPMP No. 31416 of 2001 on 5-12-2001, interim direction not to finalise the bids for Group-G tender notice until further orders had been granted and in view of the urgency involved as explained byall the Counsel on record, the matter is taken up for final hearing.3. The facts in brief, which had paved the way for the writ petitioner to invoke the j...
Nagarampalli Suryaprakasa Rao Vs. Nagarampalli Gunnamma and ors.
Court: Andhra Pradesh
Decided on: Feb-19-2002
Reported in: 2002(3)ALD307
L. Narasimha Reddy, J.1. This is an appeal by the unsuccessful plaintiff in OS No. 34 of 1987 on the file of the Subordinate Judge, Sompeta, Srikakulam District. The parties are referred to as arrayed in the suit.2. Briefly stated, the facts are as under:-3. There were two brothers by name Pedda Venkatesham and Chinna Venkatesham, Ram Lakshmi is the wife of Pedda Venkatesham and Narsamma is the wife of Chinna Venkatesham. Chinna Venkatesham died issueless. Pedda Venkatesham and Ram Lakshmi got a son by name Subba Rao and seven daughters. One of the daughters by name Chintamma was married to R.V. Narasimha Murthy (PW2). Since Chintamma died, PW2 married another lady by name Ammalamma and through her he got a son by name Surya Prakash Rao (PW1), the plaintiff.4. Defendant No. 1 (D. Gunnamma) is the 3rd wife of Subba Rao, whom he married after the death of his first two wives. Subba Rao died on 9-5-1969. The plaintiff is said to have been adopted by the 1st defendant under Adoption Deed d...
incable Net Services Vs. Star India Pvt. Ltd.
Court: Andhra Pradesh
Decided on: Feb-19-2002
Reported in: 2002(2)ALT24; 2002(3)ARBLR550(AP)
R.M. Bapat, J.1. Both the proceedings arise out of the order passed in I. A. No. 4428 of 2001 in O.S. No. 580 of 2001 pending on the file of the Chief Judge, City. Civil Court, Hyderabad. The Civil Revision Petition arises out of the order dated 3-1-2002 passed, in I.A. No; 4428 of 2001 in O.S. No. 580 of 2001 and the Civil Misc. Appeal arises out of the order dated 3-1-2002 passed, in I.A. No. 4370 of 2001. We are dealing with the C.R.P. No. first which will decide the fate of C.M.A.2. It appears from the record that the plaintiff M/s. Incable Net Services, Hyderabad, filed O.S. No. 580 of 2001 in the Court of the Chief Judge, City Civil Court, Hyderabad against the defendant Star India Pvt. Ltd., Hyderabad, for mandatory injunction directing the defendant to supply the signals of Star Net Work without payment of any subscription, which is alleged to be the fundamental right of the plaintiff.3. It is further stated in the plaint that in the year 1997 franchise agreement was entered in...
Rayala Sima Agro Enterprises and ors. Vs. Gujarat Agro Industries Corp ...
Court: Andhra Pradesh
Decided on: Feb-19-2002
Reported in: 2002(1)ALD(Cri)645; 2002(2)ALT(Cri)8; 2003CriLJ1627
ORDERT. Ch. Surya Rao, J.1. Since common questions of law and fact are involved and as the parties are same, these three Revision Cases can be disposed of together.2. The petitioners assail three orders all dated 17.7.2000 passed by the learned XI Metropolitan Magistrate, Secunderabad, in Crl. M.P. No. 568/2000; Crl. M.P. No. 567/2000, and Crl. M.P. No. 569/2000 in C.C. No. 680/1995; C.C. No. 679/1995, and C.C. No. 677/ 1995 respectively. The petitioners are the accused in all these criminal cases filed against them by the first respondent herein under Section 138 of the Negotiable Instruments Act ('the N.I. Act' for brevity). These complaints were filed originally before the Metropolitan Magistrate, Court No. 9, Gheekanta, Ahmedabad in Gujarath State.3. It is alleged in these complaints, inter alia, that the complainant supplied agro-chemicals to the accused as per the business dealings between them inter se and the accused became indebted in a sum of Rs. 21,79,925.20 ps. and in part ...
Peripogu Manohar Vs. State of A.P. Rep. by Public Prosecutor
Court: Andhra Pradesh
Decided on: Feb-19-2002
Reported in: 2002(1)ALD(Cri)627; 2002(1)ALT(Cri)527; 2002CriLJ3216
ORDERGopala Krishna Tamada, J. 1. The sole accused in C.C. No.97 of 1997 on the file of the Court of I Additional Judicial I Class Magistrate, Kurnool, who, after trial for the offence punishable under Section 7(1)(c) of Cinematography Act and Section 292 I.P.C., was convicted and sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs.5,000/- in default to suffer rigorous imprisonment for three months for the offence punishable under Section 7(1)(c) of the Cinematography Act, is the petitioner herein. As the appeal filed by the petitioner was dismissed, the present revision is filed. 2. The case of the prosecution is that on 25-2-1997 at about 10.30 P.M., on credible information, the Inspector of Police, II Town P.S., Kurnool, along with staff went to 'Sree Rama 70 M.M. Theatre' and found an English movie by name 'The Other Woman' being exhibited to the public and that the petitioner was operating the film from the cabin. On suspicion, the Inspector of Police as...
Jasraj Shri Shrimal and ors. Vs. Govt. of A.P., Endowments Department ...
Court: Andhra Pradesh
Decided on: Feb-19-2002
Reported in: 2002(2)ALT656
AR. Lakshmanan, C.J.1. Heard Smt. Jayasree Sarathy, learned counsel for the petitioner and also the learned Government Pleaders for the Departments of Revenue, Endowments and Home.2. This writ petition has been filed as a public interest litigation seeking a Writ of Mandamus directing the respondents to prevent the massive sacrifice of animals offered to the deity seeking blessings during 'Jathra' (fair) of Sri Lingamanthula Swamy Temple situated on the hillock, one kilometre away from Durajapally village, Chivemula Mandal, Nalgonda District by taking the following effective steps:(i) to publish and circulate pamphlets to create a scare and awareness among the people and to circulate the same even in the surrounding districts;(ii) to canvass by effective sound system about the ban on the sacrifice of animals and the punishments that can be imposed under the provisions of the A.P. -Animals and Birds Sacrifices Prohibition Act, 1950 (Act No. XXXII of 1950) (hereinafter called 'the Act'),...
State of A.P. Rep. by the Advocate General, High Court of A.P. Vs. S. ...
Court: Andhra Pradesh
Decided on: Feb-19-2002
Reported in: 2002(2)ALT461
ORDERGoda Raghuram, J.1. The contempt case has been initiated Suo motu by a learned, single judge of this court against the 1st respondent for having lodged a complaint against the learned Judge concerned under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the 1989 Act'), for giving a complaint on 28-4-1999, to the Hon'ble the Chief Justice in respect of proceedings in the court and for issuing a notice to the learned Judge under Section 16 of the Contempt of Courts Act, 1971 (for short 'the 1971 Act'). Suo motu contempt proceedings have been initiated against the other respondents who are Editors, Publishers and Legal Correspondents of 'Andhra Jyothi' and 'Vaartha', which are vernacular daily news papers, charging them with publication of 'slanderous contents' of the 1st respondent's complaint, in their news papers in a box item, which allegedly amounts to maligning the learned Judge in the public mind and having the effect of ...
Andhra Pradesh Rythu Sangham Vs. Union of India (Uoi) and ors.
Court: Andhra Pradesh
Decided on: Feb-18-2002
Reported in: 2002(2)ALD486; 2002(2)ALT696; [2003]114CompCas554(AP)
I. Venkatanarayana, J. 1. Andhra Pradesh Rythu Sangham, which claims to be the largest Farmers' Union, has invoked Article 226 of the Constitution of India seeking for a declaration that the 'National Agricultural Insurance Scheme' is an arbitrary, capricious and unlawful Scheme and also seeks a direction from this Court to direct the first respondent-Union of India to formulate Insurance Scheme suitable for dry land farmers.2. The factual matrix leading to the filing of this writ petition is briefly set out as hereunder : The petitioner-Organisation submits that the National Agricultural Insurance Scheme ('Scheme' for short) was devised and adopted without consultation with or even without giving notice to farmers. The farmers in the Districts of Ananthapur, Cuddapah, Kurnool, Chittoor and Mahabubnagar are constantly affected by drought during Kharif season resulting in the loss of groundnut and paddy crops. Fanners in these semiarid regions have taken groundnut as their professional ...
Parchuri Kishore Vs. Government of A.P. and anr.
Court: Andhra Pradesh
Decided on: Feb-18-2002
Reported in: 2002(2)ALD627; 2002(2)ALT751
ORDERV.V.S. Rao, J. 1. The petitioner is a practising advocate at Guntur. He applied for a licence to be appointed as a notary under the Notaries Act, 1952 and the relevant Notary Rules, 1956. The application of the petitioner was processed by the second respondent and the Government by Memo No.34050/ R &M-a;/2001-l, Rev. (Regn and M) Department dated 5-7-2001 allowed, the same. Thereupon, the second respondent namely, Commissioner and Inspector-General of Registration and Stamps, Hyderabad requested the petitioner by letter dated 27-7-2001 to credit the requisite fee of Rs. 1,000/- to enable the Government to issue a certificate as required under Rule 8(4) of the Notaries Rules, 1956. The petitioner complied with the same. As he did not receive Certificate of Practice, he filed the present writ petition. 2. The learned Government Pleader, after receiving instructions at the stage of admission, submits that the Notaries Rules, 1956 were amended by Notaries (second amendment Rules, 2001...
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