Andhra Pradesh Court August 2004 Judgments

Life Insurance Corporation of India and Others Vs. Rehana Begum

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Mrs. M. Shreesha, Member: 1. Appellants in F.A. No. 697/2004 are the opposite parties 1 to 4 in C.D. No. 48/2003 on the file of District Forum, Adilabad. 2. The brief facts as set out in the complaint are that the complainant is the wife of late Md. Arifuddin who worked as a conductor in R.T.C. and took two proposals with the opposite parties vide policies bearing Nos. 683026676 and 683027927 for a sum of Rs. 25,000/- each commencing from 28.10.2001 to 28.10.2016 and 15.12.2001 to 15.12.2016 with Rs. 1,796/- and Rs. 951/- as instalments respectively. On 15.1.2002 Md. Arifuddin expired due to heart attack when he was on duty. The complainant herein is the nominee and is entitled for all the benefits. Subsequently the complainant made a claim with the opposite parties, who repudiated the claim on the ground that the deceased suppressed the facts at the time of taking the policy. Hence the complaint. 3. Opposite parties filed counter stating that they have issued three policies to the dec...

idpl Employees Co-operative Housing Building Society Ltd. and anr. Vs. ...

Court: Andhra Pradesh

Reported in: 2004(5)ALD632; 2004(6)ALT323

ORDERL. Narasimha Reddy, J.1. In all these applications, similar questions of fact and law are involved. Hence, they are disposed of through a common order. There are four sets of identical applications filed by individuals in some cases and groups in others. Each of them filed two applications, one with a prayer to implead them as defendants in C.S.No. 14 of 1958 and the other, to recognize the assignments of the decrees said to have been made in their favour, in respect of various extents of land in Survey No. 163 of Hydernagar, Rangareddy District.2. The background, in which, the applications came to be made may briefly be stated as under:3. Initially C.S. No. 14 of 1958 was filed in the City Civil Court, Hyderabad for partition of the suit schedule properties. It related to vast extent of properties held by late Khursheed Jah. The estate is known as Paigah, after his name. It was withdrawn to this Court. During the course of the trial of the same, majority of the parties filed appl...

Elgaturi Thirupathi Vs. State of A.P.

Court: Andhra Pradesh

Reported in: I(2005)DMC626

P.S. Narayana, J.1. Heard Mr. C. Praveen Kumar, Counsel representing the appellant-accused No. 1 and the learned Additional Public Prosecutor Mohammad Usman Sahid.2. Mr. C. Praveen Kumar, the learned Counsel representing the appellant-A1 would submit that the 2nd charge against A1 to A4 is for an offence punishable under Section 306 of the Indian Penal Code (I.P.C.) and A2 to A4 were found not guilty and they were acquitted but, however, Al was found guilty and was sentenced to suffer imprisonment for a period of ten years. The learned Counsel also would submit that the 3rd charge against Al to A4 is for the offence punishable under Section 304-B, I.P.C. and also it was held to be not proved and all the accused were acquitted, and likewise, the 1st charge against Al to A4 is for the offence punishable under Section 498-A, I.P.C., and A2 to A4 were found not guilty of the offence under Section 498-A, I.P.C. and they were acquitted, but Al was found guilty and sentenced to undergo three ...

Varri Appalanaidu Vs. State

Court: Andhra Pradesh

Reported in: 2005(1)ALD(Cri)31; 2005CriLJ1459

P.S. Narayana, J.1. Heard Ms. T. Bala Jayasree, Counsel representing the appellant and the Additional Public Prosecutor.2. This Criminal Appeal is filed by the appellant-accused aggrieved by the judgment dated 4-4-2000 in Sessions Case No. 198 of 1999 on the file of the Sessions Judge, Mahila Court, Vijayawada, wherein the appellant-accused was convicted and sentenced to undergo simple imprisonment for a period of six years for the offence punishable under Section 307, IPC; and to undergo simple imprisonment for a period of two years for the offence under Section 324, IPC and further to undergo simple imprisonment for a period of five years, for the offence under Section 326, IPC and to run all these sentences concurrently.3. Ms. T. Bala Jayasree, the learned counsel appointed by way of Legal Aid, representing the appellant-accused, made the following submissions :The learned counsel pointed out that P.W. 1 and accused had illicit intimacy and P.W. 1 and accused had illicit intimacy an...

Yalla Pothanna @ Pottayya Vs. State

Court: Andhra Pradesh

Reported in: I(2005)DMC645

P.S. Narayana, J.1. Heard Mr. T. Suresh Kumar Reddy, the learned Counsel representing the appellant-accused and the learned Additional Public Prosecutor.2. This appeal is preferred by the appellant-accused aggrieved by the judgment of the learned II Additional Sessions Judge, Rajahmundry, in S.C. No. 566 of 1999, dated 7.8.2000, convicting the appellant-accused under Section 306 of the Indian Penal Code (for brevity 'I.P.C.') and sentenced him to suffer rigorous imprisonment for five years and also to pay a fine of Rs. 100/- (Rupees one hundred only) and in default of payment of fine amount, he shall undergo simple imprisonment for one month.3. Mr. T. Suresh Kumar Reddy, the learned Counsel representing the appellant-accused by way of legal aid, made the following submissions:The learned Counsel would submit that the learned Judge having disbelieved the prosecution version, so far as it relates to Section 302 of I.P.C. or in alternative under Section 304-B, I.P.C. totally erred in conv...

Devalla Raghavulu Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Reported in: 2005(1)ALD(Cri)27; 2005CriLJ1041

P.S. Narayana, J. 1. Heard the Counsel.2. The appellant-accused preferred the present appeal aggrieved by the judgment dated 8-7-1999 in Sessions Case No. 353 of 1996 on the file of the Assistant Sessions Judge, Kavali, wherein he was convicted for an offence under Section 376(2)(f), IPC and sentenced to undergo Rigorous Imprisonment for a period of ten years and also to pay a fine of Rs. 150/-, in default, to undergo Simple Imprisonment for one year.3. The case of the prosecution is that the accused is a resident of Musunur Village. P.W. 1-Vallepu Sarojanamma is also a resident of Musunur village. P.W. 2 by name Vallepu Ramanamma (hereinafter called as victim girl) is the daughter of P.W. 1. The victim-girl is a dumb girl and aged about 11 years and as such she is a minor. On 18-6-1996 at about 1.00 p.m. while victim girl was returning to her house after attending calls of nature, the accused cast his evil eye on her and intended to satisfy his lust. With the same evil intention the a...

Sangothu Narasimha Chary Vs. V. Raghunath and anr.

Court: Andhra Pradesh

Reported in: 2005(1)ALD(Cri)205; I(2006)BC414

ORDERC.Y. Somayajulu, J.1. Proceedings under Section 138 of Negotiable Instruments Act (for short 'the Act') initiated by the first respondent against the petitioner alleging the cheque for Rs. 10,000/-drawn in his favour by the petitioner towards part satisfaction of the debt due to him, was dishonoured for want of sufficient funds in the account of the petitioner, and that statutory notice got issued by him intimating the petitioner about the dishonour of the cheque with a demand for payment of the amount covered by the cheque, did not evoke any response, was taken cognizance of by the learned Magistrate. This petition is filed to quash the said proceeding on the ground that since first respondent is neither the payee nor holder in due course of the dishonoured cheque, he is not entitled to prosecute the petitioner for an offence under Section 138 of the Act.2. The contention of the learned Counsel for the petitioner is that since the cheque is drawn in the name of 'Rachana Refrigera...

George Peter Vs. the State of A.P., Rep. by the Public Prosecutor

Court: Andhra Pradesh

Reported in: 2005CriLJ1607

P.S. Narayana, J.1. This appeal is filed as against the judgment dated 22.11.1999 in Sessions Case No. 89 of 1999 on the file of II Additional Assistant Sessions Judge, Warangal.2. The accused was charged with the offences as specified hereunder:Firstly: That you on 20.04.1998 committed house trespass by entering into with intent to commit rape on Krishna Kumari thereby committed an offence punishable u/s. 448 of IPC and within my cognizance.Secondly: That you on 20.04.1998 committed criminal intimidation by threatening Krishna Kumari with injury to her person with intent to cause alarm to the said Krishna Kumari committed rape on her and thereby committed an offence punishable u/s 506 of IPC and within my cognizance.Thirdly: That you on 20.04.1998 committed rape on Krishna Kumari thereby committed an offence punishable u/s 376 of the I.P.C., and within my cognizance.3. The version of the prosecution is that P.W.1 is having two sons and one daughter who are all below 10 years of age. T...

Dena Bank Employees Union, Rep. by General Secretary Vs. Industrial Tr ...

Court: Andhra Pradesh

Reported in: 2004(6)ALT32; [2005(104)FLR434]; (2005)ILLJ200AP

C.V. Ramulu, J.1. This Writ Petition is filed by Dena Bank Employees' Union, represented by its Secretary on behalf of one Narsimloo (workman) being aggrieved by the Award dated 14-9-1998 in I.D. No. 51 of 1997 on the file of the Industrial Tribunal-I at Hyderabad, wherein the dispute raised and referred to under Sections 10(1)(d) and 2-A of the Industrial Disputes Act, 1947 (for short 'the Act') was answered against the workman.2. The Union espoused the cause of the workman, who was working as Badli Peon in Tandur Branch of Dena Bank. According to the petitioner, the workman-Narsimloo worked from November,1989 to July,1991 and again from 28-8-1992 to 2-2-1995 continuously as Badli Peon in the respondent-Bank and his services were terminated with effect from 2-2-1995 without following the procedure as contemplated under Section 25-F of the Act. Conciliation proceedings ended in failure and ultimately, Government of India referred the following dispute for adjudication to the Industrial...

Tuljaram Singh and ors. Vs. the District Collector and ors.

Court: Andhra Pradesh

Reported in: 2004(5)ALD660; 2004(6)ALT211

V.V.S. Rao, J.1. This writ petition is filed seeking a writ of mandamus declaring the action of the respondents in acquiring 1,400 square metres of land at Baghlingampalli in Mushirabad Mandal, Hyderabad as null and void. The petitioner alternatively prays for a direction to the respondents to handover physical possession of the land. When the writ petition is pending before this Court, the petitioner died, and petitioners 2 and 3 were brought on record as legal representatives by reason of the orders passed by this Court in W.P.M.P.No.3547 of 1996, dated 19.03.1996. When the matter was pending, one Pranav Kumar, who also claims to be a successor to the property, filed application, being W.P.M.P.No.15418 of 2001, for impleadment in the proceedings. The same was also ordered by this Court on 30.06.2004, impleading Sri Pranav Kumar as party respondent No.6.2. The petition allegations may be noticed in brief. The land in Survey Nos. 63 and 64 originally belong to petitioner's maternal gra...