Andhra Pradesh Court August 2005 Judgments

Y. Ravinder Vs. Area Commandant, C.i.S.F. and ors.

Court: Andhra Pradesh

Reported in: 2005(5)ALD828; 2005(5)ALT383

T. Meena Kumari, J.1. The appellant, who is the writ petitioner, has challenged the decision of a learned single Judge of this Court dated 9-11-1999 dismissing his writ petition W.P. No.1824 of 1993 and upholding an order passed by respondent No.2 terminating the appellant's services.2. The brief facts that led to filing the present appeal are as follows:-Appellant herein was appointed to the post of Constable by Order dated 21 -2-1991 in the Respondent-Organization. Before the appellant was permitted to join, he underwent basic training for nine months. The date on which petitioner commenced service was from 2-11-1991 vide appointment letter. On 15-2-1992, respondent No.2 issued notice to the appellant informing termination of his services, as he was found unsuitable for being continued in the service. It was also stated that the appellant's performance was not satisfactory during the probation period and his services were terminated by one month's notice as per Rule 15 of Central Ind...

K. Narasimha Rao and anr. Vs. Sai Vishnu, Minor, Through His Mother Si ...

Court: Andhra Pradesh

Reported in: 2005(5)ALT653

ORDERG. Rohini, J.1. This Revision Petition is directed against the order dated 7-3-2005 in I.A.No. 462 of 2004 in O.S.No. 9 of 2003 on the file of the Court of the Senior Civil Judge, Bodhan.2. The defendants 1 and 3 in the suit are the Revision petitioners. The 1st respondent herein, who being a minor represented by his motherfiled the suit for partition and separate possession of his share in the suit schedule properties. The defendants 1 and 3/ Revision petitioners filed the written statement contesting the suit claim. During the course of the trial, the defendants 1 and 3 sought to produce an unregistered settlement deed as evidence on their behalf. The said document was also not properly stamped. On an objection raised by the plaintiff, the Court impounded the said document and by order dated 3-12-2004 a sum of Rs. 21,510/-towards the deficit stamp duty together with penalty of Rs. 2,15,100/- was directed to be collected. Admittedly, the said order has become final since the defe...

Yarlagadda Padmavathi Vs. Director of School Education

Court: Andhra Pradesh

Reported in: 2005(5)ALD347; 2005(5)ALT23

ORDERG. Chandraiah, J. 1. This writ petition is filed seeking for issue of writ of mandamus directing to the respondents to correct the petitioner's date of birth as 22.8.1959 from 1.8.1957 in the Secondary School Certificate and other connected records as per the judgment and decree in O.S. No. 377 of 1983 by declaring the Proceedings in L.Dis.No. 2996/H5/83, dated 10.1.1994 and L.Dis.No. 2996/H5/83, dated 24.3.1994 issued by the Director of School Education as illegal and unsustainable.2. The facts relevant for appreciating the controversy may be briefly stated as follows:The petitioner is a practising advocate. Her date of birth was wrongly entered in school records as 1.8.1957 instead of 22.8.1959. She filed O.S.No. 377 of 1983 on the file of the Principal District Munsif, Chirala, arraying the respondents 3 to 5 herein as defendants 1 to 3 therein, seeking declaratory relief and consequential mandatory injunction directing the defendants to correct the date of birth in school regi...

Gunnana Pentayya and ors. Vs. State of A.P.

Court: Andhra Pradesh

Reported in: 2006(1)ALD(Cri)387; 2005CriLJ4680

K.C. Bhanu, J.1. This appeal, under Section 374(2) of the Code of Criminal Procedure, 1973, is directed against the judgment dated 24-3-2003 passed in S.C. No. 154 of 2001 on the file of the Court of the Sessions Judge, Sessions Division, Vizianagaram, whereunder A-1, A-8, A-12, A-21 and A-24 were found guilty for the charge under Section 302 of the Indian Penal Code, 1860, (for short 'IPC') for causing the death of I. Appalaswamy (D-1) and sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/- each and in default of payment of fine, to undergo six months simple imprisonment, and A-2 to A-7, A-10, A-14 to A-17, A-22, A-25, A-27, A-28, A-37, A-40 to A-45 and A-56 were found guilty for the charge under Section 302 read with 149 IPC in respect of the death of I. Appalaswamy (D-1) and sentenced to undergo imprisonment for life and also to pay a fine of Rs. 500/- each and in default of payment of fine, to undergo simple imprisonment for three months. So also, A-1 to A-7 w...

Y.V. Krishna Rao Vs. T.S.R. Anjaneyulu

Court: Andhra Pradesh

Reported in: 2006(1)ALD241

ORDERP.S. Narayana, J.1. The tenant, aggrieved by the reversing order, had preferred the present civil revision petition under Section 22 of the A.P. Buildings (Lease, Rent and Eviction) Control Act, in short hereinafter referred to as 'Act' for the purpose of convenience. The landlord/respondent herein filed R.C.C.No. 50/84 on the file of Rent Controller-Principal Junior Civil Judge, Warangal praying for the relief of eviction on the grounds of wilful default, wastage and damage and bona fide personal requirement. It is no doubt stated that the change of user also was made a ground but the said point had not been adverted to by the learned Rent Controller. The learned Rent Controller recorded the evidence of PW-1, PW-2, RW-1 and RW-2, marked Exs.A-1 and A-2 and Exs.B-1 to B-37 and ultimately came to the conclusion that the landlord is not entitled for the relief of eviction. Aggrieved by the same the landlord preferred R.C.A.No. 3/2001 on the file of Rent Control Appellate Authority/P...

Naresh Kumar Kedia Vs. Director Institute of Preventive Medicine, Publ ...

Court: Andhra Pradesh

Reported in: 2006FAJ175

A. Gopal Reddy, J.1. This Criminal Petition is filed under Section 482 of Criminal Procedure Code to quash the proceedings pending on the file of the VII Metropolitan Magistrate, Chudi Bazar, Hyderabad in C.C. No. 22/2005 for the offence punishable under Section 16(1)(a)(i), 7(i) and 2(ia)(f) of Prevention of Food Adulteration Act, 1954 (for brevity 'the Act').2. The facts as stated in the petition are not in dispute at all that the Food Inspector took the samples of rice at the petitioner's kirana shop on 22.3.2003 and served a notice in Form No. VI on the accused to send the sample for getting it analysed by the public analyst, A.P. and obtained acknowledgment. The Food Inspector purchased 750 grams of rice and paid Rs. 12.00 towards cost of the sample, and obtained cash receipt from the accused. Thereafter he separated the rice into three equal parts, each weighing 250 grams and placed into three clean and dry glass bottles, and sent one part of the sample to Public Analyst, A.P. un...

B. Narasimha Reddy Vs. the Indo-american Hybrid Seeds (India) Ltd.

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Mrs. M. Shreesha, Member: 1. Aggrieved by the order of the District Forum, Chittoor in C.D. No. 129/1999, the complainant preferred this appeal. 2. The brief facts as set out in the complaint are that the complainant purchased 3000 banana tissue culture plants from the opposite party for raising in 3 acres of land in March, 1998 at Rs. 6 per plant by paying a total of Rs. 18,260. The tissue culture plants are meant for uniform growth, size of fruit and duration of harvesting period is less. It is the case of the complainant that though the complainant made the land ready for transplantation of banana plants by applying manure and fertilizers, there is no uniform growth in size and the size of the fruit is varying and got only 600 bunches from 3000 plants and the crop was ready for harvest in the month of June, 1999. The complainant approached the Horticultural Officer, who inspected and issued a certificate dated 15.8.1999 stating that the plants supplied by the opposite party were def...

Hero Honda Motors Ltd. and Others Vs. T. Nagender

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

P. Jagannadham Naidu, Member: 1. The opposite parties are the appellants. The appeal has been filed against the order dated 24.10.2003 in C.D. No. 89/2003 on the file of District Forum-II, Hyderabad under Section 15 of the Consumer Protection Act. 2. The facts leading to filing this appeal as stated in the complaint are briefly narrated hereunder. 3. The complainant purchased Hero Honda Splender with chassis No. 02B20F 43850 and Engine No. 02B18E 43191 model 2002 on 5.3.2002 by paying the entire consideration of Rs. 47,730 including registration. After the vehicle was taken for delivery it is realized that the vehicle suffered from inherent problems comprising starting trouble, low mileage, hard gears, improper focus lights, vibration at speed exceeding 55 kms. etc. The accessories provided were also of poor quality. The bike while running was pulling to right side. As the vehicle did not give the satisfactory performance, the defects were brought to the notice of opposite party No. 2....

M. Venkata Mani Kanthu and anr., Minors Rep. by Mother

Court: Andhra Pradesh

Reported in: 2005(5)ALD433; 2005(5)ALT222

D.S.R. Varma, J.1. Heard the learned counsel appearing for the appellant.2 This appeal is directed against the order, dated 27th June 2005, passed by the III Additional District Judge, Tirupathi, in Guardian and Wards O.P. No. 138 of 2005, dismissing the petition filed under Section 7 of the Guardians and Wards Act, 1890 (for brevity 'the GW Act').3. The said petition was filed by the minors, represented by their mother, seeking appointment of their mother as their guardian and to permit her to transfer the petition schedule property by way of sale in favour of third parties and to deposit the sale proceeds into a Nationalised Bank or in the alternative to secure alternative properties fetching income for the educational facilities and development of the minors.4. On behalf of the minor-petitioners, their mother was examined as P.W.1 and the documents Exs.A-1 to A-5 were marked. The court below formulated the point for consideration as 'whether the petitioner is entitled for the relief...

Vasi Krishna Murthy and ors. Vs. Lakshmipathi Vari Devasthanam, Movva ...

Court: Andhra Pradesh

Reported in: 2005(5)ALD528; 2005(5)ALT464

ORDERL. Narasimha Reddy, J. 1. The petitioners filed ATC No. 15 of 1991, before the Tenancy Tribunal-cum-District Munsif, Avanigadda (for short 'the Tribunal'), under Section 16 of the Andhra Pradesh (Andhra Area) Tenancy Act, 1956 (for short 'the Tenancy Act'), for a declaration that they are the cultivating tenants, in respect of Ac.21-60 cents of land, belonging to the first respondent Devasthanam. They pleaded that they have been inducted into the land, as tenants, by the then Chairman of the Devasthanam, and subsequently, the second respondent granted tenancy rights, during his tenure. It was their case that they have been paying the rent of 325 bags, per year, to the Chairman and he, in turn, used to remit the rent amount to the Executive Officer of Devasthanam. They complained that even while the tenancy was subsisting, the first respondent sought to auction the leasehold rights, in respect of the lands.2. The second respondent is the Chairman of the Trust Board at the relevant ...