Andhra Pradesh Court August 2004 Judgments
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Gurram Sambaiah Vs. State
Court: Andhra Pradesh
Decided on: Aug-27-2004
Reported in: 2005CriLJ238
P.S. Narayana, J.1. Heard Sri T.S.N. Murthy, the learned counsel representing the appellant-accused and the learned Additional Public Prosecutor.2. The appellant-accused had preferred the present criminal appeal aggrieved by the judgment dated 17-7-2000, in Sessions Case No. 320 of 1999, wherein the learned Additional Assistant Sessions Judge, Guntur, convicted and sentenced the appellant-accused, for the offence punishable under Section 307, IPC to undergo Rigorous Imprisonment for a period of ten years and to pay a fine of Rs. 1,000/- in default, to undergo Simple Imprisonment for six months.3. The learned counsel representing the appellant-accused, appointed by legal aid, had taken this Court through the First Information Report and also the evidence of P.W. 1, and would contend that except the evidence of P.W. 1 and the medical evidence, there is no other evidence available on record. The learned counsel also would contended that at any rate, the ingredients of Section 307, IPC def...
K. Gangadhar Vs. Forest Range Officer and anr.
Court: Andhra Pradesh
Decided on: Aug-27-2004
Reported in: 2005(1)ALT425
ORDERB. Prakash Rao, J.1. Heard both sides and their request, the main writ petition itself is taken up for disposal.2. The petitioner, who is Chair-Person of Ambugaon Vana Samrakshana Samithi, Kuntala Mandal, Adilabad District, filed this writ petition inter alia seeking to assail the impugned notice dated 14-9-2003 issued by the first respondent herein as illegal and without power, authority and jurisdiction.3. The case of the petitioner is that he has been appointed on the recommendations of the first respondent by the proceedings of the 2nd respondent herein as per the rules framed under G.O.Ms. No. 13, Energy Forest, Environment, Science and Technology (For. Ml) Department, dated 12-9-2002 and therefore issuance of any such show cause notice by the first respondent, who is a Forest Range Officer concerned, is totally without power, authority and jurisdiction. Further, it was also pointed out that under the very same show cause notice the respondent No. 1 is virtually taken a decis...
Toorpati Majsaiah and anr. Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Aug-27-2004
Reported in: 2005CriLJ568
P.S. Narayana, J.1. Heard Sri Purushotham Reddy, the learned counsel representing appellants-accused Nos. 1 and 2 and the learned Additional Public Prosecutor.2. The appellants-accused Nos. 1 and 2 preferred the present appeal aggrieved by the conviction and sentence imposed in S.C. No. 746 of 1993, dated 15-11-1997, on the file of the Assistant Sessions Judge, Peddapally.3. Sri Purushotham Reddy, learned counsel representing the appellants-accused Nos. 1 and 2 would contend that from the evidence of P.W. 5 and P.W. 6, it is highly doubtful whether the accused are the persons who had participated in the alleged offence on the fateful day. The learned counsel also had drawn the attention of this Court to the evidence of P.W. 13, the Munsif Magistrate, and would submit that even in the test identification parade, it is stated that one witness Govardhanagiri Venkatamma had identified A-1 but she was not examined, and the other witness Gadem Venkatamma P.W. 6, who was unable to identify, h...
Raasi Cement Ltd. Vs. Commissioner of Commercial Taxes
Court: Andhra Pradesh
Decided on: Aug-27-2004
Reported in: [2006]1460STC66(AP)
Bilal Nazki, J.1. This is a special appeal against the order of Commissioner of Commercial Taxes. The Appellate Deputy Commissioner, Panjagutta Division, Hyderabad partly allowed, partly remanded and partly dismissed the appeal by an order dated December 30, 1991.2. The controversy was whether surcharge Under Section 6-B of the Andhra Pradesh General Sales Tax Act, 1957 has to be included for determining what is the rate of tax on any goods under the APGST Act, 1957 for the purpose of determining the rate of tax Under Section 8(2) of the Central Sales Tax Act, 1956, i.e., on inter- State sales of non-declared goods not covered by C/D forms. The Appellate Deputy Commissioner followed the judgment of the Sales Tax Appellate Tribunal which was given in case of some appellant in the previous assessment year and held that the surcharge could not be taken into consideration for determining the rate of tax under the APGST Act, 1957 for the purpose of rate of tax under the Central Sales Tax Ac...
Sri Sarathi Institute of Engineering and Technology Vs. Registrar, Jaw ...
Court: Andhra Pradesh
Decided on: Aug-26-2004
Reported in: 2004(6)ALD234
ORDERV.V.S. Rao, J. 1. The petitioner college is offering Engineering Education (B.Tech.) and as well as Post-Graduate Course in Computer Science i.e., MCA after obtaining necessary permissions from All India Council for Technical Education and affiliation from Jawaharlal Nehru Technological University (JNTU) the respondent herein. The petitioner made an application to the Registrar, JNTU on 5-4-2004 requesting for issuance of essentiality certificate counter signing the application of the petitioner for availing customs and excise duty exemption for importing Networking equipment for the petitioner-college. The petitioner desires to avail such customs and central excise exemption under the scheme of the Government of India, in Ministry of Science and Technology, Department of Scientific and Industrial Research (DSIR). When appropriate orders are not passed by JNTU, the present writ petition was filed seeking a declaration that the action of the respondent in not issuing essentiality c...
Boda Lokya Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Aug-26-2004
Reported in: 2005CriLJ255
P.S. Narayana, J.1. Heard Sri C. Praveen Kumar, the learned counsel representing the appellant and the learned Additional Public Prosecutor.2. Boda Lokya the appellant-sole accused in Sessions Case No. 263 of 1994 on the file of Additional Sessions Judge, Khammam, aggrieved by the judgment dated 22-9-1997, had preferred the present appeal. The appellant-accused was convicted for the offence punishable under Section 304, Part II of the Indian Penal Code (for brevity IPC) and sentenced to undergo rigorous imprisonment for seven years and also to pay a fine of Rs. 2,000/-.3. The case of the prosecution is that the deceased Boda Sakru and the appellant-accused are cousin brothers, and they belonged to Venkatayathanda. About six months back, the appellant-accused outraged the modesty of the complainant-Boda Bhadri (wife of the deceased) while she was alone in the field and in relation thereto a Panchayat was held in 9th mile thanda in the presence of caste elders. The elders admonished the ...
Achamulla Ramappa and ors. Vs. Yellamma and ors.
Court: Andhra Pradesh
Decided on: Aug-26-2004
Reported in: 2005(2)ALD835; 2005(2)ALT540
L. Narasimha Reddy, J.1. These four second appeals arise under similar set of facts. Though the appellants in each second appeal are different, the respondents are common to them. Hence, they are disposed of through a common judgment.2. The facts, that led to the filing of second appeals, may briefly be stated as under:The agricultural lands in survey Nos. 233, 234 and 235 of Appireddypally, Maddur Mandal, Mahabubnagar District, were owned by one Bheemamma. Konda Laxmappa, father of the first respondent in all the second appeals, was recorded as the protected tenant in respect of the said lands. He was also issued ownership certificate under Section 38-E of the Andhra Pradesh (Telangana Area) Tenancy and Agriculture Lands Act, 1950, through proceedings dated 27-12-1983. The appellants claim to have purchased different extents of land in these survey numbers from late Konda Laxmappa, through different sale deeds dt. 27-12-1983. According to them, they were dispossessed by the respondent...
M. Ranga Rao Vs. Apsrtc, Rep. by Its Managing Director and anr.
Court: Andhra Pradesh
Decided on: Aug-26-2004
Reported in: 2004(6)ALT216
ORDERG. Yethirajulu, J.1. The petitioner is contending that he was appointed as a Driver in the Corporation in pursuance of a selection. After successful completion of training, he was allotted duties in February 1999. During the period of strike of the regular employees from 15-10-2001 to 7-11-2001, the petitioner was directed to report to duty, but, due to lack of information he did not report to duty. Subsequently when he reported to duty, he was informed that his name was deleted from the selection list without issuing charge sheet or show cause notice. The respondents passed an order on 30-11-2001 directing deletion of name of the petitioner from the approved list of selected candidates. Since the petitioner failed to report to duty to engage him as a daily wage driver, his name was deleted from the selection list. The petitioner, therefore, approached this court through this writ petition seeing a direction to the respondents to restore his name in the list of selected candidates...
Kokkiligadda Veeraswamy Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Aug-26-2004
Reported in: 2005CriLJ869
ORDERK.C. Bhanu, J.1.This criminal revision case filed under Sections 397 and 401, Cr. P.C. is directed against the judgment, dated 30-11-2001 in Crl. A. No. 4 of 1999 on the file of I Addl. District and Sessions Judge, Machilipatnam, who confirmed the conviction and sentence passed against the accused in the judgment, dated 30-12-1998 in S.C. No. 3 of 1998 on the file of the Asst. Sessions Judge, Machilipatnam, The trial Court convicted the accused for the offence under Section 376, IPC and sentenced to undergo Rigorous Imprisonment for a period of 7 years and to pay a fine of Rs. 10,000/-, in default to suffer Simple Imprisonment for a period of one year and also convicted the accused for the offence under Section 306, IPC and sentenced to undergo Rigorous Imprisonment for a period of five years and to pay a fine of Rs. 1000/-, in default to suffer Simple Imprisonment for a period of 6 months.2. The brief facts that are necessary for the purpose of disposal of this revision case may ...
New India Insurance Company Limited Vs. Smt. Syed Jaheera and ors.
Court: Andhra Pradesh
Decided on: Aug-26-2004
Reported in: 2004(6)ALT25
Dharma Rao Elipe, J.1. The New India Assurance Company Limited, represented by its Branch Manager, Guntur filed this Civil Miscellaneous Appeal against the award and decree dated 31-12-2001 in OP. No. 843 of 1998 on the file of the Court of Motor Accidents Claims Tribunal-cum-III-Additional District Judge, Guntur.2. The facts leading to the filing of this appeal can be summarised as follows:On 17-09-1998, the deceased, Mr. Syed Jabbi along with his friend, Mr. Sk. Sadik were returning from Tenali after conveying death message to their relatives on scooter bearing Regn. No. ATG-9801 and by the time when they reached Uppu Godown at APSEB Power Station, Ponnur Road, a lorry bearing Regn. No. ATU-4152 came in opposite direction in a rash and negligent manner hit the said scooter and due to which, Mr. Syed Jabbi fell down, sustained head injury and also grievous injuries on all over the body and died instantaneously and the pillion rider Shaik Sadik received grievous injuries. A case in Cr....
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