Andhra Pradesh Court March 2003 Judgments
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E. Prasad Goud Vs. B. Lakshmana Goud
Court: Andhra Pradesh
Decided on: Mar-31-2003
Reported in: 2003(3)ALD363; 2003(3)ALT386
ORDERB. Prakash Rao, J.1. The defendant is the petitioner in these two revisions which are filed seeking to assail the orders in I.A. Nos. 692 and 697 of 2002 in O.S. No. 227 of 2001, dated 7.11.2002 on the file of the Principal Senior Civil Judge, Kurnool dismissing the applications purported to have been filed under Order 6 Rule 17 CPC seeking amendment of the Written Statement and another one under Order 8 Rule 1-A(3) CPC and Section 151 CPC requesting leave of the Court to receive the document viz., tape cassette.2. Heard both sides. On a consideration, briefly, the facts of the case which emerge are that the respondents herein have filed the suit for recovery of a sum of Rs. 1,62,133/- on the foot of a promissory note, dated 24.5.1999 alleged to have been executed by the petitioner-defendant for a sum of Rs. one lakh repayable with interest at 24% per annum. Contesting the suit claim, the case of the petitioner-defendant in the Written Statement filed on 1.6.2002 was that the said...
P.S. Moorthy Vs. Uco Bank Rep. by G.M., Personal Administration Dept. ...
Court: Andhra Pradesh
Decided on: Mar-31-2003
Reported in: 2003(3)ALT376; (2003)IIILLJ379AP
ORDERGoda Raghuram, J.1. The petitioner, in substance, is aggrieved by the action of the respondent-bank in declining the acceptance of his request for voluntary retirement as contained in the order dated February 3, 1996 communicated to himby the correspondence dated April 11, 1996 purportedly received by him on April 18, 1996.2. The petitioner joined the respondent bank in the year 1969 as Field Officer and later earned several higher positions after having worked at different places. He was given the Scale-IV (A) with effect from May, 1993 and posted as Chief Officer, Zonal Office, Bangalore, where he worked from December 27, 1993 to December 26, 1994 and thereafter he was transferred to Guwahati as Divisional Manager in the Zonal Office. While serving at Guwahati, the petitioner applied for leave from November 6, 1995 and kept extending the leave from time to time. As on his assessment he could not serve at Guwahati any further, on account of domestic preoccupations, he submitted a...
Pantangi Balarama Venkata Ganesh and anr. Vs. the State of A.P.
Court: Andhra Pradesh
Decided on: Mar-31-2003
Reported in: 2003(1)ALD(Cri)789; 2003(2)ALT(Cri)9; 2003CriLJ4508
Ramesh Madhav Bapat, J.1. The above case of murder was investigated by the Deputy Superintendent of Police, Special Police Establishment, Central Bureau of Investigation, Special Investigation Team, Madras for murder of two persons firstly Deceased No. 1 named Magunta Subbarama Reddy, who was a Member of Parliament, Ongole (hereinafter called as 'D-1'), and was elected on Congress-I Ticket in the year 1991 from Ongole Constituency, Prakasam District, Andhra Pradesh and secondly his gunman named Ch. Venkataratnam (hereinafter called as 'D-2') who was killed along with D-1 and causing injuries to P.Ws. 1 and 2 during the course of same transaction by the accused.Initially eight persons were shown as accused in the charge sheet. The case against A-5 and A-8 got abated as they died before the commencement of the trial. The case against A-3, A-4, A-6 and A-7 was separated, as they could not be arrested. The trial was conducted only against A-1 and A-2 being the appellants herein.2. The case...
N. Durga Rao and anr. Vs. Special Deputy Collector (Tribal Welfare) an ...
Court: Andhra Pradesh
Decided on: Mar-31-2003
Reported in: 2003(3)ALT453
ORDERL. Narasimha Reddy, J.1. These two writ petitions arise under similar factual and legal context. Hence they are disposed of through a common order.2. The petitioners in both the writ petitions have purchased certain agricultural lands in tribal area. According to them the purchases were not hit by the provisions of the A.P. Scheduled Areas Land Transfer Regulation, 1959 as amended by Regulation No. II of 1970. It is also their case that on an earlier occasion the Special Tahsildar had submitted an application before the Special Deputy Collector - the 1st respondent herein alleging that the purchases made by the petitioners were contrary to the said regulations. The applications were taken up by the 1st respondent and orders were passed on merits holding that the purchases made by the petitioners were not in contravention of any proceedings and the said order became final. The 1st respondent had taken up proceedings once again on the complaint said to have been made by the Special ...
B. Anjamma and ors. Vs. A. Pullaiah and ors.
Court: Andhra Pradesh
Decided on: Mar-31-2003
Reported in: 2003(4)ALT153
ORDERP.S. Narayana, J.1. The petitioners/appellants filed these Civil Miscellaneous Petitions under Order 23 Rule 3 of the Code of Civil Procedure, hereinafter in short referred to as 'Code', praying for recording of compromise so far as the compromise relates to the parties specified and the properties mentioned in the appended schedules to the said compromise petitions. Objections were filed to the memorandum of compromise by the other contesting parties in the Second Appeal. It is also brought to my notice that in C.M.P. No. 22454/2001, already a similar compromise was recorded insofar as the parties specified in the said C.M.P. are concerned. No doubt, the counsel for the objectors in the present Civil Miscellaneous Petitions had stated that the said compromise was recorded when these objectors had not entered appearance before this Court.2. I had perused the terms of the compromise to be recorded by this Court in both these Civil Miscellaneous Petitions and also the schedules of t...
Yadlapati Kutumbarao Vs. the State of A.P., Rep. by Its Public Prosecu ...
Court: Andhra Pradesh
Decided on: Mar-28-2003
Reported in: 2003CriLJ4220; 2003(2)LS310
ORDERDubagunta Subrahmanyam, J.1. This revision is filed against the judgment dated 18.12.2000 in Criminal Appeal No.65 of 1997 on the file of Sessions Judge, West Godavari at Eluru confirming the conviction of the accused for the offence under Section 306 I.P.C., imposed in S.C.No.122 of 1995 on the file of Assistant Sessions Judge, Kovvur, and reducing the sentence alone and imposing the sentence of four years rigorous imprisonment and fine of Rs.250=00 for the offence under Section 306 I.P.C. 2. Yadlapati Satyavathi (deceased) is the legally wedded wife of the accused. Deceased and accused had two children. The deceased was pregnant with a third baby in her womb. She was in an advanced stage of pregnancy on 27.5.1994. She poured kerosene on her body at about 5.00 a.m. on that day and set fire to herself in the residence of her husband - accused. She sustained extensive burn injuries. Accused put off the flames.With the help of others, he moved the deceased to the hospital for treatm...
Ragi Shakuntala Vs. Chandrapalkala Sadanandam and anr.
Court: Andhra Pradesh
Decided on: Mar-28-2003
Reported in: 2003(3)ALD355; 2003(3)ALT629
ORDERC.Y. Somayajulu, J. 1. This petition is filed by a third party to the appeal to amend the compromise decree dated 24.7.2001 passed in A.S. No. 386/95 by deleting paragraph No. 4 therefrom. 2. Aggrieved by the decree and judgment in O.S. No. 47/1991 on the file of the Subordinate Judge, Karimnagar dated 11.12.1991, a suit filed for partition of the plaint schedule property in two equal shares, 1st respondent filed A.S. No. 386 of 1995 against the 2nd respondent. Duringthe pendency of the said appeal both respondents 1 and 2 filed CMP No. 14375/ 2001 under Rule 3 of Order 23 CPC to record the compromise entered into by them. On 24.7.2001, the said compromise was recorded by this Court and appeal was disposed of in terms of the said compromise. Long prior to 24-7-2001 petitioner filed CMP No. 718/97 to implead her as party to the appeal, alleging that she purchased a plot ad measuring 1018 sq.yards in Plot No. 37 in S.No. 1297 and 1298 of Christian Colony of Karimnagar for valid cons...
N. Somi Reddy Vs. Commissioner of Customs and Central Excise
Court: Andhra Pradesh
Decided on: Mar-28-2003
Reported in: 2003(3)ALD232; 2003(3)ALT449
Bilal Nazki, J. 1. Heard the learned Counsel for the parties. The petitioner was working as Superintendent in Central Excise Department. A crime was registered against him being Crime No. 37/1993. The allegation against him was that he had leaked EAMCET-1993 question papers. As a result of prosecution the petitioner was convicted for the offences under Sections 120-B, 406, 411 and 420 IPC and sentenced to one year imprisonment. A fine of Rs. 1,000/- was also imposed. After he was convicted the Commissioner of Customs and Central Excise, who is disciplinary authority, issued a show-cause notice under Rule 19 of C.C.S. (CCA) Rules, 1965. By this notice the petitioner was asked to show-cause why penalty of dismissal from service be not imposed on him as he had been convicted by a Criminal Court. The petitioner challenged this notice before the Tribunal by way of O.A. No. 165/2002. The Tribunal on 18-2-2002 passed an interim order not to proceed against the petitioner on the ground that a ...
Naresh Thaper Vs. Narayana Rao Patalay (Died) by Lrs. and ors.
Court: Andhra Pradesh
Decided on: Mar-28-2003
Reported in: 2003(3)ALD389
ORDERC.Y. Somayajulu, J.1. Narayana Rao Patalay (hereinafter called the deceased) filed R.C. No. 231 of 1988 against the petitioner seeking his eviction from the premises bearing Door No. 3-6-341 at Bashir Bagh, Hyderabad. After contest by the petitioner, the said R.C. was dismissed. So, deceased filed R.A. No. 134 of 1994 and died during the pendency of the appeal. So, respondents filed I.A. No. 1140 of 1995 to bring themselves on record as the legal representatives of the deceased and to permit them to continue the appeal proceedings. After contest by the petitioner the said I.A. No. 1140 of 1995 was allowed and subsequently R.A. No. 134 of 1994 was dismissed on merits. Revision against that order in C.R.P. No. 2324 of 1998 preferred by the respondents was allowed by me on 6.8.2002 granting time till the end of December, 2002 to the petitioner to vacate the premises. Against the said order in C.R.P., petitioner preferred an S.L.P. (Civil) No. 21179 of 2002 before the Supreme Court. O...
Action for Welfare Awakening in Rural Environment (Aware) Vs. Deputy C ...
Court: Andhra Pradesh
Decided on: Mar-28-2003
Reported in: 2003(3)ALD446; 2003(5)ALT15; (2003)183CTR(AP)631; [2003]263ITR13(AP)
C.V. Ramulu, J.1. This appeal is filed under Section 260-A of the Income-tax Act, 1961 ('the Act' for short) aggrieved by the Order dated 17-5-2000 in I.T.A. No. 743/ Hyd/2000 of the Income-tax Appellate Tribunal, Hyderabad Bench 'A'.2. The assessee-AWARE (Action for Welfare and Awakening in Rural Environment) is the appellant. It is a society registered under the provisions of the Societies Registration Act, 1860. The Society is also registered under Section 12-A of the Act and thus the exemption contemplated under Section 11 of the Act is applicable. The society was assessed in the status of AOP (Trust) filed its return for the assessment year 1993-94 on 1-11-1993 declaring 'nil' income. The return was processed under Section 143(1)(a) of the Act on 31-8-1994. Thereafter, the Assessing Officer issued a notice under Section 148 of the Act on 8-1-1998 and the assessment was reopened. After perusal of the evidence produced by the assessee and also hearing it, the assessment was complete...
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