Andhra Pradesh Court October 2003 Judgments
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M. Jayanna Vs. K. Radha Krishna Reddy and anr.
Court: Andhra Pradesh
Decided on: Oct-21-2003
Reported in: 2005ACJ344
B.S.A. Swamy, J.1. It is horrifying to note how lightly and mechanically, the trial in the criminal cases and cases relating to payment of compensation are being conducted by the counsel appearing on behalf of the prosecution as well as the claimants and counsel for the insurance companies, who are considered the custodians of public money. The manner in which the proceedings are being conducted, reflects the poor state of legal expertise of the counsel and is worse than the justice administered by village elders. The police are not taking minimum care in investigating the crimes to bring home the guilt of the accused and the prosecutions are being conducted for statistical purposes, than to control the increasing crime rate. In the cases filed for payment of compensation, also no care is being taken by the counsel appearing for the parties to protect the interests of their clients. They are neither marking the relevant documents nor examine the proper persons to prove their cases. The...
P. Jagannadha Rao Vs. Commissioner and Director of School Education, G ...
Court: Andhra Pradesh
Decided on: Oct-20-2003
Reported in: 2004(4)ALD37; 2004(1)ALT404
ORDERGoda Raghuram, J.1. The writ petitioner correspondent of Sri Victoria Aided Upper Primary School, Rajahmundry, East Godavari District assails the order of the first respondent dated 1-12-2002 whereby in purported exercise of powers under Sub-section (2) of Section 24 the A.P. Education Act, 1982 (for short 'the Act') change of correspondentship had been approved in favour of the 4th respondent herein in place of the petitioner with effect from 20-10-2002.2. There were disputes among the members of the managing committee of the school inter alia with regard to the appointment of a correspondent. These disputes led to the institution of WP No. 31108 of 1997 and eventually in WA No. 543 of 1998 by the judgment dated 10-8-1999, this Court directed the Special Officer who was administering the school at that point of time to convene a meeting of the managing committee in his presence to nominate a correspondent according to the rules. This order was passed by a Division Bench of this C...
A. Murali Mohan Vs. State of A.P. and anr.
Court: Andhra Pradesh
Decided on: Oct-20-2003
Reported in: 2004(1)ALD(Cri)383; IV(2004)BC251
ORDERV. Eswaraiah, J.1. All the four Criminal Petitions are filed under Section 482 of Code of Criminal Procedure by the same accused No. 1 in four different Calendar Case Nos. 628, 629, 552 and 573 of 1999 on the file of VIII Metropolitan Magistrate, Gajuwaka, to quash the said calendar cases against him.2. The offence alleged to have been committed by the petitioner is under Section 138 read with Section 142 of Negotiable Instruments Act. The petitioner is arrayed as Manager of Leafin India Limited (hereinafter referred as the Company') of Visakhapatnam branch. The Divisional Manager, the whole time Director and the Chairman-cum-Managing Director of the Company, were also arrayed as accused Nos. 2, 3 and 4. The four different bearers of different cheques filed the said four different complaints, alleging that the petitioner herein/accused No. 1 is the Area Manager, accused No. 2 is the Divisional Manager, accused No. 3 is the whole-time Director of the company and accused No. 4 is th...
Ankula Sadananda Behara @ Mojiya Behara and ors. Vs. State of Andhra P ...
Court: Andhra Pradesh
Decided on: Oct-17-2003
Reported in: 2003(2)ALD(Cri)935
1. The appeal is directed against the judgment in Sessions Case No.111 of 1999 dated 2.11.2001 on the file of the Sessions Judge, Srikakulam, whereunder the Appellants i.e. A1 to A7 were found guilty under Section 302 read with Section 34 IPC and sentenced them with imprisonment for life and to pay a fine of Rs.1000/- each in default to undergo simple imprisonment for a period of three months each. The learned Judge also convicted the Appellants for the offence under Section 342 IPC read with Section 34 IPC and sentenced them with rigorous imprisonment for a period of six months each and directed that both the substantive sentences shall run concurrently. The appellants were acquitted under Section 324 read with Section 34 IPC. A8 to A14 were acquitted of all the three charges against them.2. The substance of the charge against A1 to A14 is that on 12.11.1998 at about 7.00 p.m. at Kandraveedhi of Ichapuram, the accused wrongfully confined and caused the death of one Nagula Shankara Beh...
Giridhari Auto Finance Private Limited Vs. Gudla Hari Babu and ors.
Court: Andhra Pradesh
Decided on: Oct-17-2003
Reported in: 2003(6)ALD682; II(2004)BC582
ORDERGopala Krishna Tamada, J.1. The plaintiff-petitioner herein has preferred the above two CRPs., against the common order passed in IA Nos. 1217 of 2001 and 1218 of 2002 in an unnumbered Original Suit, on 7-8-2002 by the learned Senior Civil Judge, Khammam.2. The backdrop of the case leading to the filing of these revision petitions, is that the plaintiff-petitioner filed the suit for recovery of Rs. 2,00,120/- under the Hire purchase agreement, dated 25-7-1997 against the defendants. The plaintiff-petitioner filed the suit on 2-6-2001 and the plaint was returned on 6-6-2001 to comply the following defects by granting 10 days time.1. Document No. 9 not filed.2. Document Serial numbers be correctly noted.3. DCFof Rs. 110/- be paid.4. Documents showing the payments shall be filed.5. Summons, R.P. and process be filed.6. Date of all documents be mentioned in list of documents.3. The plaintiff-petitioner represented the plaint on 10-6-2001 stating that the objections were complied with....
Chilwar Sarojini Devi Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Oct-17-2003
Reported in: 2003(6)ALD716; 2004(2)ALT168
ORDERE. Dharma Rao, J.1. This writ petition is filed aggrieved by the impugned order passed by the third respondent-the Commissioner of Tribal Welfare, Government of Andhra Pradesh through his proceedings dated 5.3.1993 addressed to the second respondent-the Deputy Director of Social Welfare Department marking copy of the same to the writ petitioner.2. The Commissioner of Tribal Welfare, after enquiring into the social status of the petitioner, observed that the case of the petitioner cannot be considered as a member of Scheduled Tribe in the State of Andhra Pradesh and as such she cannot be considered for appointment as Matron in Government Social Welfare Hostels in a vacancy reserved for Scheduled Tribe candidates of Andhra Pradesh State. It is stated that the said proceedings were issued by the third respondent following the circular issued by the Government of India Ministry of Home Affairs dated 22.2.1985 which is violative of Article 19 of the Constitution. It is further stated t...
Thota Suryanarayana and anr. Vs. Kanumuri Sitarama Bapiraju and ors.
Court: Andhra Pradesh
Decided on: Oct-17-2003
Reported in: 2003(6)ALD799
ORDERP.S. Narayana, J. 1. Heard Sri S.Subba Reddy, the learned Counsel representing the revision petitioners-respondents 11 and 12-defendants 13 and 14 and Sri T. Durga Prasad Rao, the learned Counsel representing the first respondent-plaintiff. The order dated 25.4.2002 made in I.A. No. 461 of 2002 in O.S. No. 42 of 1997 on the file of the Principal Junior Civil Judge, Tadepalligudem is impugned in the present Civil Revision Petition filed under Article 227 of the Constitution of India by the revision petitioners, Respondents 11 and 12 in the application, defendants 13 and 14 in the suit.2. An application under Order XVIII, Rule 1 of the Code of Civil Procedure, hereinafter referred to in short as 'the Code' and Section 138 of the Indian Evidence Act, hereinafter referred to in short as 'the Act', was filed by the applicants with a prayer to expunge or delete the cross-examination of PWs.1 to 3 by defendants 13 and 14 in the suit. The said application was allowed and the cross-examina...
Md. Saleem Vs. Atomic Energy Education Society and ors.
Court: Andhra Pradesh
Decided on: Oct-17-2003
Reported in: 2003(6)ALD778; 2003(6)ALT718
ORDERE. Dharma Rao, J. 1. The petitioners in both these writ petitions are working as Sweeper-cum-Farash in Atomic Energy Education Society. The petitioner in WP No. 24910 of 2002 was appointed as such on 6.3.1991 and the petitioner in the other writ petition was appointed in the year 1988 and they are discharging their duties in the respondent Society at Hyderabad. By virtue of the impugned orders, in public interest, the petitioner in WP No. 24910 of 2002 was transferred to Jaduguda, Mumbai and the petitioner in the other writ petition was transferred to Mysore. Assailing the correctness of these transfer orders, the petitioners have filed these two writ petitions, contending that the basic pay drawn by the petitioner in WP No. 24910 of 2002 is Rs. 3,200/- and he draws a gross salary of Rs. 5,000/- and his carry home salary is Rs. 3,300/- per month. The petitioner submits that though he is a low paid employee, he was transferred along with six others through proceedings dated 14.5.20...
S. Lalitha Vs. Zakir HussaIn and ors.
Court: Andhra Pradesh
Decided on: Oct-17-2003
Reported in: I(2004)ACC628; 2005ACJ1567; 2003(6)ALD738
ORDERB. Seshasayana Reddy, J. 1. This Civil Miscellaneous Appeal is directed against the order dated 23-3-2002 passed in W.C. No. 41 of 2000 on the file of Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Hyderabad n, whereby the learned Commissioner for Workmen's Compensation dismissed the application filed by the appellant/applicant claiming compensation for the death of her husband S. Mallesh in the road accident occurred on 27.3.1998.2. The appellant is the applicant before the Commissioner for Workmen' s Compensation-cum-Assistant Commissioner of Labour, Hyderabad-II She filed the application under Rule 20 of A.P. Workmen's Compensation Act, 1923 claiming compensation of Rs. 2.50 lakhs for the death of her husband S. Mallesh, It is the case of the appellant/ applicant that her husband S. Mallesh was a driver of the lorry bearing No. ADT 6676 owned by R-1 and insured with R-2; that on 27.3.1998 the lorry involved in the accident and thereby her husband ...
Chintam Kantam Vs. Dhulipudi Venkateswara Rao and ors.
Court: Andhra Pradesh
Decided on: Oct-17-2003
Reported in: 2004(1)ALD380
ORDERP.S. Narayana, J.1. Chintam Kantam, the revision petitioner herein is the 2nd defendant in O.S. No. 296/96 on the file of Principal Senior Civil Judge, Kakinada. Respondents 1 and 2 herein are the plaintiffs and the 3rd respondent herein is the 1st defendant in the suit.2. The revision petitioners aggrieved by an order dated 30-6-2003 made in O.S. No. 296/96 on the file of Principal Senior Civil Judge, Kakinada relating to the admissibility of a document dated 27-9-1994 had preferred the present civil revision petition under Article 227 of the Constitution of India. The suit O.S. No. 296/96 on the file of Principal Senior Civil Judge, Kakinada was filed praying for the relief of specific performance of an agreement of sale dated 27-9-1994 directing the 1st defendant to execute a registered sale deed for the plaint schedule property in favour of the plaintiffs in terms of the said agreement, for recovery of vacant possession of the plaint schedule property after ejecting the 1st de...
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