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Andhra Pradesh Court July 2002 Judgments

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Jul 10 2002

S. Srinivasa Chary @ Srinu and ors. Vs. State of A.P.

Court: Andhra Pradesh

Decided on: Jul-10-2002

Reported in: 2002(2)ALD(Cri)237; 2002(4)ALT261; 2002(2)ALT(Cri)147

Ramesh Madhav Bapat, J.1. A-1 to A-5 are appellants herein. They were tried in Sessions Case No. 30 of 2000 by the I Additional Metropolitan Sessions Judge-cum-Chief Metropolitan Magistrate, Hyderabad under two charges. The first charge against all the accused was under Section 302 of the Indian Penal Code. On evidence the learned Judge convicted A-1, A-2 and A-5 for the said offence and sentenced them to suffer imprisonment for life and to pay a fine of Rs. 200/- each, in default, to suffer simple imprisonment for one month each. The second charge against all the accused was under Section 307 read with Section 34 of the Indian Penal Code. On evidence the learned Judge convicted A-3 and A-4 for the offence punishable under Section 307 I.P.C. and sentenced them to suffer rigorous imprisonment for five years and to pay a fine of Rs. 200/- each, in default to suffer simple imprisonment for one month each. The accused-appellants were given set off under Section 428 Cr.P.C. Aggrieved by the...


Jul 10 2002

G. Suryanarayana Murthy Vs. Govt. of A.P., Transport R and B Dept. and ...

Court: Andhra Pradesh

Decided on: Jul-10-2002

Reported in: 2002(5)ALT270

Bilal Nazki, J.1. The father of the petitioner died on 29-1-90 (sic. September, 1989) in harness. He left behind the Writ Petitioner, his mother and his sister. On the date of death of his father the petitioner was minor. The petitioner's mother made an application to the Superintending Engineer seeking appointment of her son on compassionate grounds. On 31-10-89 the Superintending Engineer informed the petitioner's mother to renew the application after the petitioner becomes major. On 5-8-93 the mother of the petitioner again made an application renewing the request. The petitioner had become major in the meantime. He also filed a separate application. By an order dated 14-12-93 the third respondent rejected both the applications stating that the petitioner had become major after more than two years from the date of death of his father and therefore he was not eligible for appointment on compassionate grounds. Then the petitioner made an application for relaxing the condition laid dow...


Jul 10 2002

Kusuma Constructions Vs. Union of India (Uoi), Rep. by the General Man ...

Court: Andhra Pradesh

Decided on: Jul-10-2002

Reported in: 2002(4)ALT743

ORDERN.V. Ramana, J.1. This is an application filed by M/s. Kusuma Constructions, Vijayawada, seeking appointment of Sole Arbitrator to adjudicate the claims arising out of the Contract Agreement No. 110/DEN/I/ BZA/90 dated 25-12-1990 entered into between the Applicant and the South Central Railway.2. The Applicant was allotted the work 'proposed trolley path in through yard and NRY yard to facilitate C and W staff to attend repairs to wagons etc' by the South Central Railway, vide acceptance letter dated 12-12-1990 at a value of Rs. 2,87,762/-and the period of completion of the work was three months from the date of acceptance i.e., 12-3-1991 and to be maintained for two months. According to the applicant, the Respondent-Railways asked the applicant to slow down the work as they were expecting change of cement concrete to black topping. Due to this, the applicant sought for extension of currency of the contract upto 30-11-1991 without penalty and the respondent agreed for the same. Th...


Jul 10 2002

P. Gokul Anand Vs. Commissioner of Prohibition and Excise

Court: Andhra Pradesh

Decided on: Jul-10-2002

Reported in: 2002(2)ALD(Cri)201; 2002(4)ALT522

ORDERAR. Lakshmanan, C.J.1. Heard Sri M. Govind Reddy for the petitioner and the learned Government Pleader for Excise for the respondents.2. The owner of the vehicle bearing No. AP 11 T 1998 is the petitioner in this writ petition. On 22-12-2000, the Sub-Inspector of Police, Rayadurgam conducted a route watch at Khajaguda, stopped the autorickshaw and found 500 polythene sachets of I.D. liquor being illegally transported and registered a case in Crime P.R. No. 22/97 dated 27-2-1997 for an offence under Section 8 (b) read with Section 7-B of the A.P. Prohibition Act, 1995 and arrested the accused and also seized the autorickshaw. A show-cause notice was issued on 17-3-1997 as to why the vehicle should not be confiscated under Section 12 of the A.P. Prohibition Act, 1995 and Sections 45 and 46 of the A.P. Excise Act, 1968, as amended in Act No. 20 of 1994 dated 20-5-1994. The show-cause notice was served on the owner on 20-12-1999. The owner submitted his explanation through representat...


Jul 09 2002

indla Satya Raju Vs. Sramika Agro Farm (P) Limited (In Liquidation), H ...

Court: Andhra Pradesh

Decided on: Jul-09-2002

Reported in: 2002(4)ALD637; 2002(2)ALD(Cri)319

S.R. Nayak, J. 1. The question of law that arises in both these appeals is common. Hence, we clubbed both the appeals and heard them together and they are being disposed of by this common judgment. 2. OSA No.28 of 2001 is directed against the order dated 11-7-2001 passed in CA No.478 of 2000 in CP No.214 of 1998 by which order, the learned Company Judge convicted the appellant herein and sentenced him to suffer imprisonment for a period of six months. OSA No.49 of 2001 is directed against the order dated 1-10-2001 in CA No.478 of 2001 in CP No.214 of 1998, by which order, the learned Company Judge convicted the appellant and sentenced him to suffer imprisonment for a period of six months in the purported exercise of the power conferred under Sub-section (5-A) of Section 454 of the Companies Act, 1956 (for short, 'the Act') for the alleged default in complying with the requirements of Section 454. 3. The impugned orders are made by the learned Company Judge under Sub-section (5-A) of Se...


Jul 09 2002

Al-faihad Fincom Limited and anr. Vs. Central Economic Intelligence Bu ...

Court: Andhra Pradesh

Decided on: Jul-09-2002

Reported in: 2002(4)ALD830; [2003]114CompCas404(AP); [2004]50SCL354(AP)

V.V.S. Rao, J.1. Introduction and Reliefs Prayed :The first petitioner is a Non-Banking Finance Company (NBFC) registered under the Companies Act, 1956. The registered office of the company is at 152, Sanghi Street, Mhow, Indore District, Madhya Pradesh. The company was started and promoted by second respondent inter alia with the objectives of carrying on in India or elsewhere the business of financing, money-lending, bills discounting, hire-purchasing, leasing etc. As per the list of Branch Offices given in the affidavit accompanying the writ petition, they have Branch Offices in New Delhi; Lucknow, Jaipur, Sharanpur and Noida in Uttar Pradesh; Mhow, Dewas, Bhopal, Sihore, Chavni, Reeva and Ratlam in Madhya Pradesh; Malegam, and Dhulia in Maharashtra; and Palanpur in Gujarat. It is also alleged that they have a Branch Office at Pathergatti Main Road in Hyderabad.2. The writ petition filed by the petitioner-Company and its Managing Director is supported by a sworn affidavit filed by t...


Jul 09 2002

Lvs Power Ltd. Vs. Transmission Corporation of A.P., Limited, Hyderaba ...

Court: Andhra Pradesh

Decided on: Jul-09-2002

Reported in: 2002(4)ALD784; 2002(6)ALT582

G. Yethirajulu, J. 1. This appeal is directed against the order of the Andhra Pradesh Electricity Regulatory Commission, Hyderabad ('the Commission' for brevity) dated 23-4-2002 in O.P. No. 70-A(LVS)/2001 holding that under Section 21 (4) of the A.P. Electricity Reform Act, 1998 ('Reform Act' for brevity) the Commission can only grant or withhold the Power Purchase Agreement (PPA) submitted to the Commission for the sale of electricity generated by the appellant to APTRANSCO, that if the APTRANSCO does not wish to enter into PPA with the appellant, there is no way the Commission can compel APTRANSCO to do the same, and in thecircumstances, there is no need to pass any order under Section 21(4) of the Reform Act, either granting or withholding consent. The appellant company being aggrieved by the order of the Commission preferred this appeal challenging its validity and legality. 2. In the pre-independent India, the generation, supply and transmission of electricity used to be regulated...


Jul 09 2002

Patakamuru Damodar Prasad and anr. Vs. Government of Andhra Pradesh an ...

Court: Andhra Pradesh

Decided on: Jul-09-2002

Reported in: 2002(6)ALD67; 2003(1)ALT407

ORDERV.V.S. Rao, J.1. The petitioners are brothers. They are assailing the orders of the 1st respondent-Government of Andhra Pradesh, issued in Memo No. 19373/Assn. IV (1)/92-22, dated 10-10-2001, confirming the orders dated 1-4-1992 of the 2nd respondent-Chief Commissioner of Land Revenue. Be it noted that initially the 5th respondent-Mandal Revenue Officer, passed orders dated 28-6-1983 resuming the land assigned to the petitioners on the ground that the petitioners obtained the land by misrepresenting that they are landless poor persons, and the said orders were confirmed by the 4th respondent-Revenue Divisional Officer as well as the 3rd respondent-Joint Collector.2. Briefly stated, the facts leading to the filing of this writ petition are as follows. The petitioners made separate applications to the Tahsildar, Kanekal, Anantapur District, seeking assignment of land which was declared as surplus under the provisions of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1...


Jul 09 2002

K.R. Natarajan Vs. Personnel Manager, Syndicate Bank, Industrial Relat ...

Court: Andhra Pradesh

Decided on: Jul-09-2002

Reported in: 2002(6)ALD365; (2003)ILLJ384AP

ORDERL. Narasiha Reddy, J.1. The petitioner joined as Clerk in the Syndicate Bank-respondents in the year 1976. According to Syndicate Bank Officers' Services Regulations, 1979 (for short 'the Regulations') framed by the respondents, 75% of the vacancies in the Junior Management Grade Scale I cadre are to be filled by promotion of Clerks. This promotion is to be on the basis of performance at the written test and viva voce held for the purpose. The Regulations have also provided for awarding of fixed weightage marks for various items, such as, education qualifications, length of service, departmental tests, etc.2. In the year 1980, the petitioner appeared in the examination held for the purpose of selecting the candidates for promotion to Officers' cadre. On the basis of his performance and assessment by the Selection Committee, the petitioner was promoted as Assistant Manager through orders dated 8-12-1980 and was posted at Gaziabad branch in Uttar Pradesh. When he joined at Gaziabad ...


Jul 09 2002

Saritha Vs. R. Ramachandra

Court: Andhra Pradesh

Decided on: Jul-09-2002

Reported in: 2002(6)ALD319; 2002(4)ALT592; I(2003)DMC37

ORDERB.S.A. Swamy, J.1. The appellant is the petitioner in OP No.58 of 1998 on the file of the Family Court, Secunderabad. She filed the said OP seeking divorce from the respondent who is her husband, on various grounds. After full trial, the Family Court found that she could not prove any one of the allegations levelled against the respondent, and, therefore, dismissed the said O.P. Aggrieved by the said order, this CMA was filed by the wife.2. Having seen the age of the parties, we summoned both of them to find out the real cause for their differences. The appellant could not say anything except that here mother-in-law did not treat her properly during her say at New Delhi. On the other hand, the father of the respondent who accompanied the respondent categorically stated that they belonged to a traditional family where divorce was unknown and that if the marriage can be saved they are prepared to send the respondent to Hyderabad, the place of the appellant, to live with her. Even th...


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