Andhra Pradesh Court February 2003 Judgments

Vijay Prakash Vijay Varge and anr. Vs. State of Andhra Pradesh, Rep. b ...

Court: Andhra Pradesh

Reported in: 2003(1)ALD(Cri)397; 2003(2)ALT(Cri)534; 2003CriLJ2631

ORDERK.C. Bhanu, J.1. This petition under Section 482 of the Code of Criminal Procedure seeks to quash the proceedings in crime No. 453/2000 of White Collar Offences-Special Team, Central Crime Station, Detective Department, Hyderabad, dated 6.9.2002. 2. The brief facts that are necessary for the disposal of the petition are that 2nd respondent represented by its Proprietor Narayan Das Jhawar, filed a complaint before the learned XXI Metropolitan Magistrate, Hyderabad, against the petitioners and one another, and the learned Magistrate forwarded the complaint to C.C.S., under Section 156(3) Cr.P.C. for investigation. The case was registered as crime No. 453/2002 under Sections 408, 418 and 420 of the Indian Penal Code. To quash the said crime, A2 and A3 filed the present petition.3. Learned counsel for the petitioners relied upon Dr. Sharda Prasad Sinha V. State of Bihar, : 1977CriLJ1146 , Chandrapal Singh V. Maharaj Singh, : 1982CriLJ1731 , Delhi Municipality V. Ram Kishan, : 1983CriL...

Siddartha Electronics Rep. by Its Proprietor, Sri. Girish Mehta and an ...

Court: Andhra Pradesh

Reported in: 2003(1)ALT(Cri)409; 2003CriLJ4038

ORDERK.C. Bhanu, J.1. This petition under Section 482 of the Code of Criminal Procedure seeks to quash crime No. 12/2001 of Begumpet Police Station, Secunderabad, which was referred to it by the learned XI Metropolitan Magistrate, Secunderabad.2. The brief averments in the complaint which are necessary for the disposal of the petition are that the petitioners are doing business of selling all kinds of electronic items, that the petitioners are dealers of the 1st respondent-company, that the petitioners used to purchase various electronic items from the 1st respondent-company on credit facility, that the petitioners, in discharge of certain dues to the 1st respondent-company, issued a cheque bearing No. 571379, dated 15.5.1998, for a sum of Rs.50,000/- drawn on United Bank of India, Secunderabad Branch, Secunderabad, signed by the 2nd petitioner in the capacity of the proprietor of the 1st petitioner, that on the confirmation given by the petitioners that the cheque would be honoured on...

Vinta Prasad Reddy and anr. Vs. the State of A.P. Rep. by Drugs Inspec ...

Court: Andhra Pradesh

Reported in: 2003(1)ALD(Cri)902; 2003(1)ALT(Cri)397; 2003CriLJ2264

ORDERK.C. Bhanu, J.1. This petition is filed under Section 482 of the Code of Criminal Procedure to quash the proceedings in C.C. No. 60/1998 on the file of the learned II Metropolitan Magistrate, Vijayawada.2. The brief facts that are necessary for the disposal of the present petition are that the Drugs Inspector, Zone-I, Vijayawada, inspected the wholesale pharmaceutical firm-M/s. Sai International, and picked up samples of Amoxycillin Capsules I.P. 250 mg., and Ampicillin 500 (Ampicillin capsules IP 500 mg.) manufactured by M/s. Hicks Pharma-2nd respondent, for the purpose of analysis, that he forwarded the samples on 29.5.1997 to the Government Analyst and Director, Central Drugs Laboratory, Calcutta, that the Analyst gave a report after analysis that the samples were not of standard quality and they did not conform to the I.P. with respect to the contents of Amoxycillin and Ampicillin, that thereafter the Drugs Inspector forwarded the signed copy of Form-13 reports to Sri A. Venka...

K. Narasimha Reddy Vs. Udayamanikyam Primary Agricultural Co-operative ...

Court: Andhra Pradesh

Reported in: 2003(3)ALD473; 2003(2)ALT450

ORDERD.S.R. Varma, J. 1. The petitioner in this writ petition seeks a declaration that the action of the 2nd respondent in collecting an amount of Rs. 82,875/- on the allegation of misappropriation and also Rs. 2,660/- towards interest to the credit of the 1st respondent -Society without holding any enquiry pursuant to the notices issued by the 2nd respondent dated 18.8.1998, 24.8.1998 and 29.8.1998, as illegal and arbitrary.2. For better appreciation, the undisputed facts are that the petitioner is one of the paid secretaries of the 1st respondent -Society. In the year 1998, it appears that an officer of a rank of Supervisor unearthed misappropriation of an amount of Rs. 82,875/ - by the petitioner along with other employee and accordingly submitted report. Basing on the report of the Supervisor, Chinnagatugallul dated 22.6.1998, the 2nd respondent issued notice dated 18.8.1998, wherein it was stated that the 3rd respondent ordered for inspection of the society in respect of the above...

Patricia D’furlong Vs. Managing Director, East West Airlines

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

C.P. Suresh, Member: 1. The complainant is resident of Ireland of Tallaght, Dublin. She and her husband boarded the aircraft of the opposite parties, and reached Visakhapatnam on 15.2.1994 to see her mother. At Visakhapatnam instead of three suitcases, only two were handed over to them and one was missing. The complainant immediately reported the matter to the second opposite party at Visakhapatnam and the second opposite party promised to look into the matter. The articles worth Rs. 4,400/- were kept in the suitcase which was lost. The complainant, therefore, claimed damages of Rs. 1,75,000/- towards the value of the articles and Rs. 24,000/- towards compensation. 2. The second opposite party filed its written version stating that only on 28.3.1994 the complainant met the second opposite party informing the loss of her baggage and the Manager of the second opposite party informed her that the complaint should have been made on that day itself, but not on a later date. The complainant ...

Kelaka Ramana @ Stanely Jones Vs. State of A.P. Rep. by Public Prosecu ...

Court: Andhra Pradesh

Reported in: 2003(1)ALD(Cri)590; 2003(1)ALT(Cri)461; 2003CriLJ3227

ORDERBilal Nazki, J.1. This is a reference made by the learned single Judge of this Court in an appeal filed by the accused against the conviction and sentence passed in S.C. No. 249 of 1997 on the file of the Sessions Judge, West Godavari District. He was charged with offences under Sections 302 and 309 of the Indian Penal Code. He pleaded not guilty and was tried. He was convicted of the offences under Sections 304, Part-I and 309 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years with a fine of Rs.500/- for the offence under Section 304, Part-I of I.P.C. and rigorous imprisonment for six months for the offence under Section 309 of I.P.C. 2. The learned single Judge, after hearing the matter, found that the trial Court had accepted the entire prosecution case, but had not convicted the accused under Section 302 of I.P.C., instead convicted him under Section 304, Part-I of I.P.C. The learned single Judge further found that the trial Court had not giv...

G. Jay Rao Vs. State of A.P., Rep. by Authorised Officer, Land Reforms

Court: Andhra Pradesh

Reported in: 2003(3)ALT127; 2003(1)LS324

ORDERS.R.K. Prasad, J.1. This civil revision petition is directed against the judgment and decree passed in L.R.A No. 13 of 1992 dated 27.7.1998 on the file of the Land Reforms Appellate Tribunal-cum-Additional District Judge, Srikakulam confirming the order passed in L.C.C No. 1194/PLK/75, 1640/PLK/75 dated 22.2.1992 on the file of the Land Reforms Tribunal, Srikakulam.2. The facts that arise for consideration can be briefly stated as follows:Geinadi Jayarao who is the revision petitioner is the declarant. He has submitted a declaration to the authorities. Thereupon the primary Tribunal after due enquiry has determined the holding of the revision petitioner under Section 9 of the A.P Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for short 'the Act') on 27.6.1977. The primary Tribunal calculated the total holding at 5.0941 standard holdings and surplus holding at 4.0941 standard holdings. The primary Tribunal rejected the contention of G.K. Rama Rao that he purchased an ex...

Aditya Pharmaceuticals (P) Limited Vs. A.P. State Financial Corporatio ...

Court: Andhra Pradesh

Reported in: AIR2003AP413; 2003(3)ALD120; 2003(2)ALT504; [2004]50SCL322(AP)

ORDERD.S.R. Varma, J.1. This writ petition is filed to declare the action of the respondent -Corporation in seizing the property of the petitioner-company and selling the same to outsiders for a throw-away price, without due regard to the principles laid down by the Apex Court in Mahesh Chandra v. Regional Manager, : [1992]1SCR616 , as illegal and violative of principles of natural justice.2. The brief facts of the case are that the petitioner is a company and is represented by its Managing Director. The petitioner borrowed certain amount in the year 1988, from the respondent i.e., the A.P. State Financial Corporation (for short hereinafter referred to as 'the Corporation'), subject to certain terms and conditions. One of the conditions is that the amount i.e., the principal along with interest should be repaid in half yearly instalments. The petitioner committed default in payment of instalments. However, upon the request of the petitioner, the loan payment was restructured in the yea...

P. Venkatesh Vs. New India Assurance Company Limited and ors.

Court: Andhra Pradesh

Reported in: 2003(3)ALD75

G. Yethirajulu, J.1. This appeal is directed against the order of a learned single Judge of this Court dated 28-7-1999 dismissing WPNo. 17621 of 1998 filed by the appellant.2. The appellant is working as an Assistant in the office of the 2nd respondent, which is a local office of the 1st respondent Company. The 1st respondent Company created eight vacancies in the cadre of Senior Assistants to be filled up by promotion from among the eligible assistants working in the Company. In pursuance of that, a notification dated 22-5-1998 was issued by the 2nd respondent calling for applications from eligible employees to the posts of Senior Assistants. They fixed 5-6-1998 as the last date for receipt of applications. The eligibility cut-off date for academic qualification weightage was fixed as 31-12-1997. The appellant and others made applications for Scheduled Caste vacancies. Subsequent thereto, two more vacancies were also sanctioned by the 1st respondent and on 19-6-1998 the 2nd respondent...

Divisional Engineer Telecom, Coaxial Cable Project Vs. Mamidi Venkata ...

Court: Andhra Pradesh

Reported in: 2003(3)ALD290; 2003(3)ALD290; 2003(3)ALT621; 2003(3)ALT621; [2003(97)FLR1132]; (2003)IILLJ907AP; (2003)IILLJ907SC

G. Yethirajulu, J. 1. TheDivisional Engineer Telecom, Coaxial Cable Project, Rajahmundry (hereinafter referred to as 'the management' for the sake of brevity) has preferred these appeals against the common order dated 23-7-1998 passed by a Single Judge of this Court in W.P. Nos. 4872 and 18464 of 1997 allowing W.P. No. 18464 of 1997 filed by one Mamidi Venkata Ramana (hereinafter referred to as 'the workman' for the sake of brevity), who was terminated by the management from the post of 'Mazdoor', and dismissing Writ Petition No. 4872 of 1997 filed by the management. 2. The factual matrix leading to the filing of the appeals reads thus: 3. The workman Mamidi Venkata Ramana, who is the 1st respondent in both these appeals, joined as a Mazdoor on 28-11-1985 under the appellant management and worked continuously till 1-4-1988. On 1-4-1988 the appellant management terminated the services of the workman, retaining his juniors in service, without issuing one-month notice and without payingre...