Andhra Pradesh Court July 2003 Judgments
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Badi Chinna Rao Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Jul-15-2003
Reported in: 2003(2)ALD(Cri)622; 2004CriLJ807
ORDERB. Seshasayana Reddy, J. 1. This Criminal Revision Case is directed against the judgment dated 7-11-2001 passed in Cri C,. No. 28 of 2001 on the file of Sessions Judge, Mahila Court, Visakhapatnam, whereby the learned Sessions Judge confirmed the conviction of the accused for the offence under Section 417, IPC passed in C.C. No. 820 of 2000 on the file of III Metropolitan Magistrate, Visakhapatnam, while reducing the sentence of imprisonment from six months to one month.2. The petitioner herein is the accused in C.C. 820 of 2000. The prosecution case in brief is as follows :P.W. 1 P. Maseenamma is daughter of P.W. 2 P. Bhulokamma and L.W. 8 Peerla Apparao. The petitioner/accused used to visit the house of junior paternal uncle of P.W. 1 and thereby acquaintance developed between P.W. 1 and the petitioner/accused. The petitioner/accused went around P.W. 1 saying that he loved her and he wanted to marry her. He also told her that he could not live without her company. He started ind...
Surapathi Laxmana Rao Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Jul-15-2003
Reported in: 2003(2)ALD(Cri)355; I(2004)DMC281
ORDERB. Seshasayana Reddy, J.1. This criminal revision case is directed against the judgment dated 19.10.2001 passed in Criminal Appeal No. 13 of 2001 on the file of Sessions Judge, Mahila Court, Visakhapatnam whereby the learned Sessions Judge confirmed the conviction and sentence of the accused for the offence under Section 417 of IPC passed in C.C. No. 250 of 1999 on the file of III Metropolitan Magistrate, Visakhapatnam.2. The petitioner herein is the accused in C.C. No. 250 of 1999. The prosecution case in brief is as follows :P.W. 1 K. Nagamani is daughter of P.W. 2. K. Saroja and younger sister of P.W. 3 Kanaka Ratna. P.W. 1 was aged about 18 years in the year 1998. She was residing with her mother P.W. 2. Accused Surapathi Laxmana Rao is an employee in Lipi Enterprises, Isukatota, Visakhapatnam. He resided in the neighbourhood and used to frequently visit the house of P.W.1. During one of his visits he informed her that he was in love with her and she also reciprocated and they...
Public Prosecutor, High Court of A.P. Vs. Dasari Siva Prasad Reddy
Court: Andhra Pradesh
Decided on: Jul-15-2003
Reported in: 2003(2)ALD(Cri)347; II(2003)DMC765
K.C. Bhanu, J.1. The State of Andhra Pradesh filed this appeal aggrieved by the judgment, dated 27.3.1998, passed by the learned Sessions Judge, Cuddapah, whereby the learned Sessions Judge acquitted the respondent-accused of the charges levelled against him.2. The facts leading to the filing of the appeal in brief are as follows. Sri Gangireddi, who was examined as P.W. 1 lodged a report, which was later marked as Ex. Fl, with Pulivendla Police Station, alleging that he gave his daughter-Lakshmi Devi in marriage to Dasari Siva Prasad Reddy, the accused in this case, five years before. There used to be altercations between the couple with regard to their family matters. Though P.W. 1 invited his daughter and son-in-law for Ugadi festival in the year 1996, neither the accused paid a visit to his house nor did he allow Lakshmi Devi to go to her parents' house. On 20.4.1996 at about 7 a.m., somebody came in a jeep from Pulivendla and informed him that his daughter had died in her house. H...
National Insurance Co. Ltd. Vs. J. Yellappa and ors.
Court: Andhra Pradesh
Decided on: Jul-15-2003
Reported in: II(2004)ACC699; 2004ACJ180; 2003(5)ALT247
Devinder Gupta, C.J.1. The reference, as visualized by the learned single Judge, is on the question that when the claimants filed two claim applications, one under Section 163-A and another under Section 166 of the Motor Vehicles Act, 1988 ('the Act' for brevity), whether the first application has to be treated as the only claim application or the second application has to be treated as the claim application.2. The necessity to refer the question to a Division Bench has arisen in the circumstances hereinafter discussed:The accident occurred on 21.5.1995 at 11.15 a.m. The deceased J. Sivanna was the owner of a tractor-trailer bearing registration No. AP 22-T-1683. He was taking his tractor from Kurnool to Sunkesula for getting sand. While the tractor was going on the left side near Sunkesula Cross, a lorry bearing registration No. AAQ 662, coming from the opposite side in a rash and negligent manner, dashed against the tractor. As a result, the deceased received injuries and breathed hi...
Mallampalli Madhusudhana Rao Vs. Mallampalli Venkateswararao and ors.
Court: Andhra Pradesh
Decided on: Jul-15-2003
Reported in: 2004(2)ALT397
P.S. Narayana, J 1. The unsuccessful plaintiff in O.S.No. 78 of 1984 on the file of the Subordinate Judge, Nuzvid is the appellant herein. The suit being O.S.No. 13 of 1982 was originally filed on the file of the Subordinate Judge, Gudivada and subsequently the same was transferred to the court of the Subordinate Judge, Nuzvid and re-numbered as O.S.No. 78 of 1984.2. The avernments made in the plaint by the appellant-plaintiff are as follows:The plaintiff and the second defendant were the sons of the first defendant late Ramachandraiah. Third defendant is the husband of sister of plaintiff and second defendant. Plaintiff and defendants 1 and 2 have effected a partition of the joint family properties under a registered partition deed dated 29-7-1975. Since then they have been enjoying their respective shares separately. The plaint schedule land with mango garden had to the share of the first defendant in the said partition. As first defendant became very old and was not satisfied with t...
Pagidi Padmavathi and anr. Vs. Kanala Nagaraju and Three ors.
Court: Andhra Pradesh
Decided on: Jul-15-2003
Reported in: 2004(1)ALT413
ORDERD.S.R. Varma, J.1. This matter is set down under the caption 'For Being mentioned' for today i.e., 16-7-2003 by the Court suo motu to elaborate the reasoning given by this Court on 2-7-2003, while dismissing this Civil Revision Petition, at the admission stage on hearing the learned counsel on either side, in view of the Judgments of the Supreme Court, which are being discussed in this order.2. This Civil Revision Petition is filed challenging the order and decree dated 17-3-2003 passed by the Senior Civil Judge, Nandyal, dismissing the application in E.A.No. 295 of 2001 in E.A.No. 155 of 2001 in E.P.No. 244 of 1998 in O.S.No. 128 of 1996 filed under Order 21, Rules 95, 96 and 97 of the Code of Civil Procedure seeking to recall the delivery warrant.3. The claim of the petitioners is that they are the tenants of one Palagiri Pedda Vegi Subbaiah and the said property was brought to sale treating the same as the property belonging to the fourth respondent. Admittedly, the said Subbai...
Ch. Venkateswara Rao and ors. Vs. Margadarshi Chit Funds Limited and a ...
Court: Andhra Pradesh
Decided on: Jul-14-2003
Reported in: 2003(5)ALD131
ORDERP.S. Narayana, J.1. The Civil Revision Petition has been coming up for admission.2. Heard Sri Ugra Narasimha, Counsel representing Sri Jayanthi S.C. Sekhar and Sri Raja Rao, Counsel representing the 1st respondent.3. The Civil Revision Petition is filed by the Revision petitioners aggrieved by an order dated 7-4-2003 passed in E.P. No. 177/ 2002 in O.S.No. 262/2000 on the file of Principal Junior Civil Judge, Vizianagaram. The E.P. is filed for attachment of salaries of judgment-debtors 1 to 4. The said judgment-debtors filed counter stating that the principal debtor is working as a Security guard and is drawing a salary of Rs. 10,280/- per month and the decree holder can proceed against the said principal-debtor/judgment debtor No. 1 and hence the E.P. is not maintainable against the rest of the judgment-debtors, Judgment debtor Nos. 2 to 4. The learned Principal Junior Civil Judge, Vizianagaram had negatived the stand taken by the judgment-debtor Nos. 2 to 4 and had ultimately a...
Vasi Reddy Rajya Laxmamma Vs. Hyderabad Urban Development Authority
Court: Andhra Pradesh
Decided on: Jul-14-2003
Reported in: 2003(5)ALD634; 2003(5)ALT32
P.S. Narayana, J 1. Smt. Vasi Reddy Rajyalakshmamma - the Review petitioner, prays for review of the judgment in W.A. No. 1945/99 dated 15-11-2002, on the ground that allowing of Writ Appealstating that the point involved therein is covered by the decision of Supreme Court in Government of Andhra Pradesh v. J. Sridevi and Ors., : [2002]2SCR1147 , though in fact it is not covered and the same is distinguishable on facts, is unsustainable and bad in law.Facts in nutshell:2. The Review petitioner, hereinafter referred to as 'petitioner', filed W.P. No. 12477/98 praying for a writ of mandamus declaring the action of Hyderabad Urban Development Authority, hereinafter referred to as 'respondent' in rejecting the application of the petitioner for sanction of layout vide letter No. 7549/MP2/HUDA/951, dated 22-9-1997 as illegal and consequently direct the respondents not to interfere with development of land of the petitioner in pursuance of her application.3. On 12-10-1995, the petitioner made...
Lakshmi Traders Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Jul-14-2003
Reported in: 2003(5)ALD340; [2005]139STC392(AP)
ORDERMotilal B. Niak, J. 1. T.R.C. Nos. 132 of 2001 and 287 of 2001 arise out of the common order, dated 10.3.2000 made by the Sales Tax Appellate Tribunal, Hyderabad in T.A.Nos. 219 and 220 of 1997.2. The controversy in these two T.R.Cs. is with regard to the exemption to be granted under the A.P. General Sales Tax Act to the three items being sold by the petitioners i.e., Krafl Box Waste, Sweeping Kraft and Duplex in terms of G.O. Ms. No. 130, dated 14.2.1989. The petitioner-M/s. Lakshmi Traders, Vijayawada, is a dealer engaged in the business of sale of wastepaper, which claimed exemption from payment of sales tax under the A.P.G.S.T. Act on the total turnover in terms of G.O. Ms. No. 130, dated 14.2.1989. The Assessing Authority refused to grant exemption to the category of goods involved. The matter was then carried to the Appellate Deputy Commissioner, who also confirmed the order made by the Assessing Authority. Again the matter was carried before the Sales Tax Tribunal, which a...
D. Ram Mohan Rao Vs. Sridevi Hotels Private Limited and ors.
Court: Andhra Pradesh
Decided on: Jul-14-2003
Reported in: 2003(5)ALD461
ORDERB. Prakash Rao, J.1. The petitioner, who is the defendant, by way of revision under Article 227 of the Constitution of India seeks to assail the orders passed in I.A. No. 3660 of 2002 in O.S. No. 34 of 2002 dated 2-5-2003 on the file of the Additional District Judge at Nizamabad allowing the application filed under Section 151 read with Order 12 Rule 6 of C.P.C. seeking delivery of vacant possession of the suit premises to the respondents-plaintiffs.2. Heard Sri M.Ramachandra Rao, the learned Counsel appearing for the petitioner and Sri J.V. Suryanarayana, learned senior Counsel on behalf of the respondents.3. The case of the respondents in this application is that the petitioner was a tenant in pursuance of the lease deed executed on 11-4-2001, the lease period of which expired on 31-3-2005. In the suit filed seeking for eviction of the petitioner, earlier, an application was filed in IA.No. 1894 of 2002 seeking directions to pay the arrears of the rent and the same was allowed o...
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