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Andhra Pradesh Court October 2004 Judgments

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Oct 11 2004

Mohammed Ali Nayyar Vs. Ahraz Hussain

Court: Andhra Pradesh

Decided on: Oct-11-2004

Reported in: 2004(6)ALD845; 2005(1)ALT618

L. Narasimha Reddy, J.1. These three civil miscellaneous appeals under Order 43 Rule 1 read with Section 104 C.P.C. arise out of the proceedings initiated for execution of the decree in O.S.No.774 of 1994 on the file of the V Senior Civil Judge, City Civil Court, Hyderabad. The appellants are third parties to the suit. The appellant in C.M.A.No.109 of 1996 and 1295 of 1999 is the father and the appellants in C.M.A.No.1104 of 1999 are his wife and son. For the sake of convenience, they are referred to as appellants 1, 2 and 3 respectively. The first appellant and the second respondent are brothers. The first respondent in all the three appeals is the decree holder and the second respondent is the judgment debtor.2. The first respondent filed the suit against the second respondent for recovery of certain amount. Along with the suit, he filed I.A.No.846 of 1994 under Order 38 Rule 5 C.P.C. and secured an attachment before Judgment of a house bearing No.11-6-832, Red Hills, Hyderabad. The ...


Oct 11 2004

Janapati Krishna S/O Late Chinna Singarappa Vs. the State of A.P. Rep ...

Court: Andhra Pradesh

Decided on: Oct-11-2004

Reported in: 2005CriLJ1187

P.S. Narayana, J. 1. Janapathi Krishna-appellant being aggrieved by the Judgment dated 05.10.1998 in Sessions Case No.162 of 1995 on the file of I Additional Sessions Judge, Cuddapah, had preferred the present Criminal Appeal. 2.The appellant-accused No.1 was charged with the offences punishable under Sections 376 and 306 IPC and accused No.2, the mother of accused No.1 was discharged. The case of the prosecution is that the accused is a resident of Kotha Khaderabad village. One C.Jayamma aged about 14 years was a daughter of Rangaswamy and the said Jayamma would be hereinafter referred to as 'the deceased' for the purpose of convenience. One Venkata Rangappa is the elder brother of Rangaswamy. Chinna Rangappa is the grand father of the deceased. The mother of the accused is the elder sister of Rangaswamy and Venkata Rangappa. The further case of the prosecution is that on 25.08.1994 in the afternoon hours, the deceased along with her senior paternal uncle Venkata Rangappa and uncle G....


Oct 08 2004

Musku Mallaiah, S/O Lingaiah Vs. the State of Andhra Pradesh, Represen ...

Court: Andhra Pradesh

Decided on: Oct-08-2004

Reported in: 2005(1)ALD485; 2004(6)ALT155

B. Sudershan Reddy, J.1. The Constitutional validity of Rule 27(4) of the Andhra Pradesh Rights in Land and Pattadar Pass Book Rules, 1989 (for short 'the Rules') issued in G.O Ms. No. 570, Revenue-D.O.A & R dated 8.6.1989 is challenged in this writ petition.2. The facts, as stated by the petitioner, are that he is the owner and possessor of land admeasuring five guntas in Sy.No. 815 situated at Nookapally Village, Mallial Mandal, Karimnagar District. He filed a suit in O.S No. 274 of 1993 on the file of the learned District Munsif, Jagitial against one Chakunta Madhusudhan Rao and others for declaration of his title in respect of the said land. His claim is that he purchased the land for a valuable consideration of Rupees Ninety under an oral sale deed on 1.1.1980 and continued in possession and enjoyment of the land ever since the oral purchase and thus acquired title by adverse possession. The learned District Munsif, Jagitial passed a decree in the said suit dated 10.5.1993 based o...


Oct 08 2004

S. Shareef S/O. HussaIn Sab Vs. the Divisional Forest Officer Wildlife ...

Court: Andhra Pradesh

Decided on: Oct-08-2004

Reported in: 2005(2)ALT140

ORDERA. Gopal Reddy, J.1. In this writ petition filed under Art. 226 of the Constitution of India, the petitioner seeks a writ of Certiorari for calling the recordsin RC No.4490/1999-M6 dt. 7-6-2004 from the third respondent and for quashing the same.2. By the impugned order, Conservator of Forests, Kurnool Circle, Kurnool partly allowed the appeal filed by the petitioner against the orders of compounding the offence for Rs.70,000/- passed by the Divisional Forest Officer, Wildlife, Nandyal, fixing the compounding fee for two times of value of the seized forest produce ie., 20396 x 2 = 40792/- by confirming the confiscation of forest produce as ordered by the Divisional Forest Officer. It is not in dispute the lorry of the petitioner was seized while transporting small Sandra and miscellaneous rough dressed timber on 30-3-1999 and the Divisional Forest Officer passed an order under Section 59 compounding the offence for Rs.70,000/- and ordering confiscation of the timber pieces. The ti...


Oct 08 2004

Ranga Prasad Vs. Deputy Inspector General, South Zone, Central Industr ...

Court: Andhra Pradesh

Decided on: Oct-08-2004

Reported in: 2005(2)ALT192

ORDERC.V. Ramulu, J.1. This Writ Petition is filed against the Order dated 20-10-1997 passed by the 2nd respondent dismissing the petitioner from service, which was confirmed in appeal by the 1st respondent in his proceedings dated 3-3-1998.2. The petitioner was initially appointed as constable in Central Industrial Security Force (CISF) with effect from 25-3-1982 and subsequently he was also promoted as Lance Naik in the year 1996. While so on 16-4-1997 during lunch hour, the petitioner was found in an intoxicated condition and he created nuisance in the canteen and was breaking the windowpanes. After conducting a detailed enquiry into the matter and following the due process of law, the petitioner was removed by an order dated 20-10-1997 passed by the Commandant, Central Industrial Security Force, CISF Unit SCCL (Headquarters), Bellampalli, Adilabad District, Andhra Pradesh. Aggrieved by the same, the petitioner filed an appeal, which was dismissed by the Deputy Inspector General, So...


Oct 07 2004

P. Bikshapathi Vs. State of A.P. Represented by Public Prosecutor

Court: Andhra Pradesh

Decided on: Oct-07-2004

Reported in: II(2005)DMC617

P.S. Narayana, J.1. The quarrel between a drunkard husband and his wife resulted in the death of the wife consequent upon which the husband was charged with the offences under Sections 306 and 498-A I.P.C. and was convicted and sentenced to Rigorous Imprisonment for seven years and three years respectively, to run concurrently. The learned Judge for trial of offences under S.Cs. & S.Ts. (Prevention of Atrocities) Act 1989-cum-VI Additional Metropolitan Sessions Judge, Secunderabad in S.C.No.475/2002, recorded the evidence of PW-1 to PW-12, marked Exs.P-1 to P-12 and M.Os.1 and 2 and made the Judgment aforesaid dated 28-1-2003. Hence the present Criminal Appeal.2. Submissions of Ms.Hemalatha Devi, Counsel by Legal Aid:Ms.Hemalatha, learned Counsel submitted that the evidence on record would show that the appellant is a habitual drunkard often picking up quarrels and beating the deceased and the appellant and the deceased were married for about more than 20 years and begot four children ...


Oct 07 2004

Hindusthan Aeronautics Employees Cooperative Housing Society Limited, ...

Court: Andhra Pradesh

Decided on: Oct-07-2004

Reported in: AIR2005AP76; 2004(6)ALD769; 2004(6)ALT772

L. Narasimha Reddy, J.1. A Full Bench of this Court, desired that the question involved in these writ petitions, namely, whether an attempt to grab land, falls within the definition of land grabbing, under clause (e) of Section 2 of Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 (for short 'the Act'), be considered by a larger Bench. The necessity was felt, on account of the conflicting views, taken by the Division Benches, in the decisions rendered in Syedulla V. Special Court under A.P. Land Grabbing (Prohibition) Act1 and Shalivahana Builders (P) Ltd. V. S.G. Co-op. Housing Society2 on the one hand, and R.Komaraiah V. Special Court, Hyd.3 and Bhavanarishi Co-operative Housing Society V. State of A.P and Other s4, on the other. In the former two cases, it was held that the definition of `land grabbing', under Section 2(e) of the Act, does not take in its fold, an attempt to grab land, and thereby, proceedings initiated, on the basis of allegations as to an attempt to grab, cann...


Oct 07 2004

New India Assurance Co. Ltd. Vs. Bhimavarapu Prathap and ors.

Court: Andhra Pradesh

Decided on: Oct-07-2004

Reported in: 2006ACJ1076; 2004(6)ALD742

Elipe Dharma Rao, J.1. Aggrieved of the order and decree dated 19.2.2003 passed in O.P. No.227 of 1998 by the learned Chairman, Motor Accident Claims Tribunal-cum-District Judge, Khammam, granting compensation of Rs.2.00 lakhs for the injuries sustained by the claimant - first respondent herein, the Insurance Company preferred this civil miscellaneous appeal.2. Few facts, that are necessary for the disposal of this appeal, in nutshell, are that on 14.8.1997 the respondent-claimant was returning on his cycle to telephone booth and when he reached opposite to Nagabhushanam Hospital, Wyra Road, Khammam, a jeep bearing No.AP-20T-756 came in the opposite direction in high speed in a rash and negligent manner, and dashed against the respondent-claimant and it ran over him as a result of which he sustained crush injuries and other grievous injuries. Therefore, the claimant preferred compensation ofRs.3,00,000/-.3. The driver and owner of the jeep were set ex parte and the appellant herein bei...


Oct 07 2004

Employees State Insurance Corporation Vs. A.P. Electrical Equipment Co ...

Court: Andhra Pradesh

Decided on: Oct-07-2004

Reported in: 2005(2)ALD96; 2005(2)ALT444; [2005(105)FLR294]; (2005)IILLJ181AP

L. Narasimha Reddy, J.1. These three appeals are filed under Section 82 of the Employees State Insurance Act, 1948 (for short 'the Act'). All of them are in relation to the same Industrial undertaking. While the Employees State Insurance Corporation figures as appellant in C.M.A. Nos. 2960 of 2000 and 35 of 2002, the industry figures as appellant in C.M.A.No. 25 of 2001. For the sake of convenience, the Employees' State Insurance Corporation is referred to as the appellant and the industry is referred to as the respondent.2. The relevant facts may briefly be stated as under:The respondent is an industry undertaking manufacture of various electrical equipments. It is covered by the provisions of the Act. The appellant caused an inspection of the records of the respondent, in the context of making the contribution payable under the Act, and they noticed that contributions payable for the various workers involved in building repairs, were not made. Similarly, no contribution was made on t...


Oct 07 2004

A.P. State Electricity Board and ors. Vs. Sree Rayalaseema Alkalies an ...

Court: Andhra Pradesh

Decided on: Oct-07-2004

Reported in: 2004(6)ALT421

ORDERK.C. Bhanu, J.1. This writ appeal is filed by the respondents in W.P. 16886 of 1987 against the judgment of the learned single Judge in W.P.No. 16886 of 1987 dated 5-8-2003.2. The respondent herein filed the said writ petition stating that it secured industry licence No. CIL:91(86) dated 3-3-1986 for setting up of chemical industry at Gondiparla village of Kurnool District for the purpose of manufacturing caustic soda, chlorine, hydrochloric acid, etc. The petitioner applied to the 1st respondent for supply of high tension power for a demand of 20 MVA for the purpose of industrial unit in 1981 itself. The 2nd respondent in the writ petition, who is the 2nd appellant herein, by his letter dated 11-5-1983 directed the petitioner to deposit a sum of Rs. 39.83 lakhs towards voluntary loan contribution, which is refundable. Thereafter, the 1st respondent-Board changed its policy and introduced the scheme of collecting service line charges in the place of voluntary loan contribution. Th...


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