Andhra Pradesh Court September 2004 Judgments
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K. Ramachandra Murthy S/O. Ramasarma and Girish Sanghi S/O. Ramacharan ...
Court: Andhra Pradesh
Decided on: Sep-28-2004
Reported in: 2005(1)ALD(Cri)656
ORDERC.Y. Somayajulu, J.1. Private complaint filed by the first respondent for offences under Chapter XXI I.P.C., when referred to police for investigation by the Magistrate was investigated into by the police and they filed a charge sheet against the petitioners for offences under Chapter XXI IPC, which was taken cognizance of by the learned Magistrate as C C No.168 of 2003. This petition is filed by A.2 and A.3 therein to quash the proceedings in the said C.C.2. The contention of the learned counsel for the petitioners is that in view of Section 199(1) Cr.P.C., the learned Magistrate was in error in taking cognizance of a case on a police report the proceedings in the CC are liable to be quashed. The contention of the learned counsel for the first respondent is since offences under Chapter XXI IPC are non cognizable, first respondent filed a private complaint and since the learned magistrate referred the same to police for investigation, police can investigate into a non cognizable o...
R. Janaki Vs. Secretary to Govt. Education Dept. and ors.
Court: Andhra Pradesh
Decided on: Sep-28-2004
Reported in: 2004(6)ALD642b; 2005(1)ALT495
ORDERV. Eswaraiah, J.1. The petitioner questions the proceedings dated 20.4,2001 of the Accountant General, A.P., Hyderabad, wherein the proposals submitted for payment of the family pension to the petitioner were rejected on the ground that the petitioner's husband died on 25.2,1992 i.e. before 1.11.1992, and he was not eligible for the revised family pension under the Andhra Pradesh Revised Pension Rules, 1980 as per the AP. Aided Degree, Oriental and Junior Colleges Staff Pension Rules, 1993 issued in G.O. Ms. No. 2, Education (C.E.-III), dated 5.1.1994.2. This Court, by an order dated 19.12.2003 granted interim order directing the respondents to consider the case of the petitioner for grant of revised pension as per the rules and decision of this Court in W.A. No. 1219 of 1999 and Batch, dated 3.8.1999. As the said interim direction was not complied with, Contempt Case No. 776 of 2004 was filed on 30.6.2004. After filing of the Contempt Case, the District Educational Officer, Vizia...
Madhukuri Raghu Ram Murthy and anr. Vs. Koyyada Sakku Bai and ors.
Court: Andhra Pradesh
Decided on: Sep-28-2004
Reported in: IV(2005)ACC405; 2006ACJ2194; 2004(6)ALD497; 2004(6)ALT727
Elipe Dharma Rao, J.1. This civil miscellaneous petition was filed by the appellants herein challenging the Award dated 19-1-2004 in O.P. No. 4 of 2001 on the file of the Motor Accidents Claims Tribunal (District Judge), Karimnagar.2. For the sake of convenience the parties hereinafter be referred to as they are arrayed in original petition.3. It is expedient to look at the factual matrix at the threshold for brevity and for better understanding of the matter is that one Koyyeda Madunaiah (hereinafter referred to as 'the deceased') who was working as Postal Assistant in the Head Post Office, Karimnagar. While so, on 15-9-2000 he had been to his native place, Nedunur on his scooter, at about 10-30 a.m., he stopped his scooter on the left side of the road. A private bus was also found stopped in front of him. In the meantime a car bearing No. AP-12-C-3074 came in the opposite direction driven in high speed, rashly and negligently and overtook the stationed private bus, came on the wrong ...
Hari Shankar Vs. Land Acquisition Officer, Hyderabad Urban Development ...
Court: Andhra Pradesh
Decided on: Sep-28-2004
Reported in: 2005(2)ALT543
ORDERA. Gopal Reddy, J.1. Petitioner's land to an extent of 8112 sq. yards in S.No. 374 situate at Nalagandla village, Serilingampally Mandal, Ranga Reddy District was acquired along with some other land for the purpose of expansion of Ramachandrapuram Ring town, by the respondent, by issuing notification under Section 4(1) of the Land Acquisition Act, 1894 (for short 'the Act') followed by declaration under Section 6 of the Act. The Land Acquisition Officer after conducting due enquiry passed an award fixing the market value at Rs. 16,000/- per acre and statutory benefits like solatium and additional market value. On passing the award by the Land acquisition Officer, as there was a dispute with regard to payment of compensation in respect of petitioner's land in S.No. 374, the matter was referred to Civil Court under Sections 30 and 31 of the Act in OP 158/89, which was disposed of on 7-9-1998, wherein it was held that the petitioner is entitled to receive compensation only to an exte...
G. Ravi Kumar Reddy Vs. Murali Krishna and ors.
Court: Andhra Pradesh
Decided on: Sep-28-2004
Reported in: 2005(1)ALD(Cri)643; [2005]127CompCas653(AP); [2005]64SCL515(AP)
C.Y. Somayajulu, J.1. The case, in brief of, of respondents Nos. 1 to 3, is that they are shareholders in and the directors of M/s. R. D. F. Power Projects Limited (hereinafter referred to as the company) of which Mr. M. Venkateswarlu was the managing director and after a resolution dated December 29, 2001, was passed removing him from that post, the said Venkateswarlu filed a suit in O. S. No. 61 of 2002 for an injunction restraining the directors, i.e., them and the petitioner, from interfering with the day-to-day affairs of the company and sought for an injunction during the pendency of the suit and when that petition was dismissed, he preferred appeals and during the course of hearing of those appeals it came to light that the said Mr. M. Venkateswarlu, in collusion with the petitioner, fabricated Form No. 2, dated December 7, 2001, on July 29, 2002, signed by the petitioner in his capacity as director of the company, which shows that 1,50,000 equity shares of the company were issu...
Girish Sarwate Vs. State of A.P. Represented by Public Prosecutor and ...
Court: Andhra Pradesh
Decided on: Sep-24-2004
Reported in: 2004(6)ALD855; 2005(1)ALD(Cri)150; 2004(6)ALT757; 2005CriLJ729; 2005(1)CTC166
ORDERBilal Nazki, J.1. This matter has come before this Court on reference by a Division Bench of this Court. The reference of the Division Bench is a result of reference by a Single Judge. The question which needs to be answered is whether the High Court is empowered under Section 482 of the Code of Criminal Procedure (for short 'Cr.P.C') to quash the First Information Report (FIR).2. There are four judgments of this Court. The first one and the earliest in point of time is Hasan Ali Khan vs. State of A.P1. The second one is S.Sarat Babu Chowdary vs. Inspector of Police2. The third one is Pearl Beverages Limited vs. State of A.P.3 and the last judgment is Gudavalli Murali Krishna and others v. Gudavalli Madhavi4. In Hasan Ali's case (1 supra) this Court held that powers under Section 482 Cr.P.C can be exercised by High Court only after initiation of criminal proceedings after a charge sheet is filed and not at the stage of investigation. In Sarat Babu's case (2 supra) the Division Ben...
The Superintendent Engineer (R and B) Vs. Dega Ramalinga Reddy and anr ...
Court: Andhra Pradesh
Decided on: Sep-24-2004
Reported in: 2004(6)ALD822; 2005(1)ARBLR486(AP)
Bilal Nazki, J.1. These are two appeals directed against the common judgment and decree of the trial Court. CMA No. 1045 of 1991 arises out of judgment and decree in OP No. 24 of 1989, whereas other CMA No. 1106 of 1991 arises out of judgment and decree in OP No. 8 of 1989. OP No. 8 of 1989 was filed by Dega Ramalinga Reddy, contractor under Section 14 (2) and (3) of the Arbitration Act (for short 'the Act'), which was allowed and OP No. 24 of 1989 was filed by Superintending Engineer under Section 30 of the Act which was dismissed. The parties shall be referred as 'Department' and 'Contractor'. Since the Department lost both the OPs, they have filed these two appeals. Both the appeals were heard together and are being disposed of by this common judgment.2. Facts. The contractor entered into a contract with the Department on 7.10.1982 for construction of approach road to bridge at M. 48/2 and M. 48/5 of Madras-Calcutta road, N.H. Division under agreement No. 33/82/83. The contractor co...
The Commissioner of Proh. and Excise, Government of A.P. and ors. Vs. ...
Court: Andhra Pradesh
Decided on: Sep-24-2004
Reported in: 2004(6)ALD403; 2004(6)ALT76
B. Sudershan Reddy, J.1. These writ appeals and writ petitions involve common questions of law that arise for our consideration and therefore, they are being disposed of by a common judgment.2. The petitioners in all these writ petitions were granted IL-24 licences under the provisions of the Andhra Pradesh Indian Liquor and Foreign Liquor Rules, 1970, (for short 'Rules 1970').3. The licensing authority in exercise of the power conferred under Section 31 of the Andhra Pradesh Excise Act, 1968 (A.P. Act 17 of 1968) (for short 'Act 17 of 1968') had suspended the licences of some of the petitioners in this batch of writ petitions on the ground that during the course of inspection, the licensees were found selling various items of Indian made foreign liquor at a price higher than the recommended maximum retail price (for short 'RMRP'). The allegation is that the Indian made foreign liquor was being sold at a price higher than the RMRP, which constitutes violation of the provisions of the A...
The New India Assurance Co. Ltd. Vs. Imtiaz Ahamed and anr.
Court: Andhra Pradesh
Decided on: Sep-24-2004
Reported in: II(2005)ACC740; 2005(1)ALT637
ORDERElipe Dharma Rao, J.1. Both the Civil Miscellaneous Appeal and Cross-Objections are directed against the order, dated 18.12.2001 in W.C.No.43 of 2000 (NF), on the file of the Commissioner, Workmen's Compensation and Assistant Commissioner of Labour, Nizamabad (for short 'Labour Court').2. Brief facts of the case are that the claimant is driver under the 2nd respondent. On 2.11.1998 while the claimant was proceeding with the lorry bearing No.GRR-4768 from Ramapuram to Karimnagar, and when he reached outskirts of Pullur village, at about 9 p.m., he could not control his vehicle, as a result of which, the lorry turned turtle and he sustained fracture to his right hand and finger, injuries to his head and all over his body. The Police of Manpadu registered a case in Crime No.82/1998 under section 337 of the Indian Penal Code. The injured was shifted to the Kurnool Government Hospital and was treated for three days. He spent Rs.40,000/- for medical expenditure. The injured is aged abou...
A. Surya Bhaskara Rao Vs. District Co-operative Officer and ors.
Court: Andhra Pradesh
Decided on: Sep-24-2004
Reported in: 2004(6)ALD139; 2004(6)ALT560
ORDERV. Eswaraiah, J.1. The petitioner questions the order of the third respondent-A. Vemavaram Primary Agricultural Co-operative Society, Amalapuram, E.G. District, dated 5.1.2004, placing him under suspension, on the allegations that while discharging duties, the petitioner obstructed day to day functions of the society, not collected the loan amounts regularly from the members, negligent in attending the duties and misappropriated the funds of the society. Basing on the complaints received with regard to the above irregularities, the Person-in-charge Committee passed a resolution on 5.1.2004 placing the petitioner under suspension in order to conduct regular enquiry.2. The case of the petitioner is that he has been working in the third respondent society from 30.7.1990 onwards, and he was placed under suspension, pending enquiry by the third respondent by its order dated 5.1.2004.3. Learned Counsel for the petitioner submits that the petitioner worked in various societies from 1985 ...
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