Andhra Pradesh Court December 2007 Judgments
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Anees MohinuddIn @ Ameer @ Abu Ayub Ansari S/O. Ghulam Dastagiri Vs. S ...
Court: Andhra Pradesh
Decided on: Dec-04-2007
Reported in: 2008(1)ALD(Cri)169; 2008(1)ALT(Cri)190; 2008CriLJ1476
ORDERB. Seshasayana Reddy, J.1. This Criminal Revision Case is directed against the order dated 21.02.2007 passed in M.P. No. 1228 of 2006 in Sessions CaseNo. 225 of 2005 on the file of the Additional Metropolitan Sessions Judge for the trial of Jubilee Hills Car Bomb Blast Case-cum-Additional Family Court, at Hyderabad, whereby and where under the learned Additional Metropolitan Sessions Judge dismissed the application filed by the State under Section 321 Cr.P.C. and consequently refused to accord permission for withdrawal of the prosecution against accused Anees Mohinuddin @ Ameer @ Abu Ayub Ansari (petitioner herein).2. Background facts in a nutshell leading to filing of this revision by the petitioner/A9 in Sessions CaseNo. 225 of 2005 are:- On 21.11.2002 there was an explosion in front of Sri Sai Baba temple at Dilsukhnagar, Hyderabad. One Smt.Padma died of injuries received in the explosion. A boy by name Bhanu Prakash Reddy and 20 others received injuries in the said explosion. ...
B. Raja Krishnaji Vs. Kadam Kondoji and State of A.P. Rep. by the P.P.
Court: Andhra Pradesh
Decided on: Dec-04-2007
Reported in: 2008(1)ALD(Cri)300; 2008(1)ALT(Cri)205
B. Seshasayana Reddy, J.1. This criminal appeal is directed against the judgment dated 17.09.2001 passed in C.C.No.2 of 1998 on the file of the Judicial Magistrate of First Class, Nuzvid, Krishna District, whereby and whereunder the learned Magistrate found accused Kadam Kandoji not guilty for the offence under Section 138 of the Negotiable Instruments Act, 1881, (for short, 'the N.I.Act'), and acquitted him accordingly.2. The appellant is the complainant and the first respondent is the accused in C.C.No.2 of 1998. The parties hereinafter referred to as the complainant and the accused. 3. It is the case of the complainant that the accused took a hand loan of Rs.25,000/- from him in October, 1997. The accused issued Ex.P1 cheque dated 05.11.1997 for Rs.25,000/- drawn on State Bank of Hyderabad, Nuzvid Branch, towards discharge of hand loan. The complainant presented the cheque for collection and thereupon the cheque came to be dishonoured on the ground of insufficient funds. The complai...
Md. HasnuddIn Vs. the State of A.P. Rep. by the Chief Registrar (Birth ...
Court: Andhra Pradesh
Decided on: Dec-04-2007
Reported in: 2008(3)ALD26
ORDERP.S. Narayana, J.1. Heard Sri G.Rajesham, the Counsel representing the writ petitioner and the learned A.G.P. for Medical and Health.2. The matter is coming up for admission.3. The Writ Petition is filed for a Writ of Mandamus declaring the action and interpretation of the 2nd respondent in his proceedings in REF:HY/TA/EO/2007, dt.17-11-2007, as illegal, arbitrary and consequently set aside the same and direct the 2nd respondent herein to enter the name of the petitioner son's as Mentioned.Moizuddin in the Birth Register and issue Birth Certificates in the name of petitioner's son in the interest of justice.4. It is stated by the petitioner that his son by name Md. Moizuddin was studied B.Com., (Computer) from Osmania University, Hyderabad in the year 2007 and that he applied for VISA for further studies in foreign countries and his date of birth was recorded in all the certificates as 5-12-1984. The petitioner further averred that his son was born on 5-12-1984 in the Hospital and...
Shivshankar Talkies Rep. by Its Proprietor Setti Pedda Veeranna and an ...
Court: Andhra Pradesh
Decided on: Dec-04-2007
Reported in: 2008(4)ALD119; 2008(2)ALT102; IV(2008)BC408
ORDERC.Y. Somayajulu, J.1. This petition is filed seeking review the judgment dated 07.07.2006 in A.S. No. 114 of 1991.Second petitioner for and on behalf of the first petitioner, which is a cinema theatre, borrowed money from the first respondent Bank for construction of the first petitioner theatre, by depositing their title deeds as security for the amount borrowed and as they failed to discharge the said debt, first respondent filed the suit for recovery of the amount by sale of the hypothica, in which first petitioner filed a written statement, which was adopted by the second respondent, inter alia contending that inasmuch as they are agriculturists within the meaning of Andhra Pradesh (Andhra Area) Agriculturists Relief Act, 1938 (the 1938 Act), they are entitled to benefits of that Act and if not as agriculturists they are entitled to reduction of interest in view of the provisions of the Usurious Loans Act, 1918 (the Act). The trial court accepting the contention of the petitio...
Pamu Padmavathi Vs. Perati Yakub Reddy
Court: Andhra Pradesh
Decided on: Dec-04-2007
Reported in: 2008(3)ALD669; 2008(2)ALT483
ORDERGopala Krishna Tamada, J.1. This Civil Revision Petition is directed against the order dated 13-7-2007 made in I.A. No. 4 of 2005 in O.S. No. 67 of 2001 on the file of the Senior Civil Judge, Mahabubabad, whereby, the trial Court refused to send the suit promissory note dated 5-12-2000 to an expert for comparing the signature on the promissory note with the admitted signature of the defendant, who is the petitioner herein.2. The brief facts of the case are that the respondent-plaintiff instituted O.S. No. 67 of 2001 for recovery of money on the foot of the promissory note. At a stage when the trial was in progress, the defendant i.e., the petitioner herein, filed the present application stating that expert's opinion is required for comparison of his signature, and the trial Court, as stated above, dismissed the petition.3. Heard the learned Counsel for both the parties and perused the material placed on record.4. In spite of the fact that the respondent-plaintiff was served with t...
Ramana Kumar D., S/O D.V. Subbaiah, Regional Labour Commissioner (Cent ...
Court: Andhra Pradesh
Decided on: Dec-04-2007
Reported in: (2008)ILLJ981AP
ORDERD.S.R. Varma, J.1. Heard learned Counsel for the petitioner, learned Counsel for first respondent, and the Assistant Solicitor General appearing for the Central Government.2. This Writ of certiorari is filed seekingto quash the order of the Central Administrative Tribunal, Hyderabad Bench, Hyderabad (for brevity 'the Tribunal'), passed in MA. No. 397 of 2007 in O.A. No. 765 of 2007, dated November 28, 2007, suspending the proceedings of transfer in Office order No. 31 of 2007, dated November 12, 2007, passed by the second respondent therein viz., the Director, Ministry of Labour and Employment, Government of India, New Delhi.3. The facts, in brief, are that respondent No. 1 was working as Regional Labour Commissioner (Central), at Hyderabad. While so, certain transfers were effected by the competent authority i.e., third respondent herein, by Office order No. 31 of 2007, dated November 12, 2007, transferring five incumbents from one place to another, including the writ petitioner ...
Sri K. Pavan Raj Vs. the Municipal Corporation of Hyderabad Reptd. by ...
Court: Andhra Pradesh
Decided on: Dec-03-2007
Reported in: 2008(1)ALD792
ORDERC.V. Nagarjuna Reddy, J.1. This Writ Petition is one and hopefully the last of the multiple rounds of the litigation, which the petitioner's father earlier and the petitioner later subjected themselves. 2. Briefly narrated, the facts are as under:One late Abdul Aziz Khan was pattadar of various agricultural lands comprised in Survey Nos.784 and 786 of Malkajgiri and Survey Nos.192, 198, 102 and 227 of Lalaguda village. After the death of the said pattadar, the properties were mutated in the name of Mr.Mohiuddin Khan and Ors. , who are the legal heirs of the original pattadar, vide Proceedings No.291 dated 27-4-1955. An extent of Ac.33.03 guntas was acquired out of the said land by the Railways for construction of Railway Staff Quarters and Award dated 17-2-1960 was passed under the provisions of the Land Acquisition Act, 1894. The petitioner claims that the balance land was converted into house plots by the legal heirs of the original pattadar and one such plot, admeasuring 660 Sq...
Vellanki Leasing and Finance Pvt. Ltd. Rep. by Its Manager-cum-account ...
Court: Andhra Pradesh
Decided on: Dec-03-2007
Reported in: 2008(1)ALD(Cri)467; 2008(1)ALT(Cri)259
C.Y. Somayajulu, J.1. Appellant filed the complaint under Section 138 of the Negotiable Instruments Act (the Act) against respondents 1 to 3 alleging that second respondent, as the director of the first respondent, entered into a bill discounting agreement dated 07.08.1995 with it and executed a demand promissory note for Rs.20,15,197=50 in its favour on 07.08.1995 as collateral security for discharging its liability under the aforesaid discounting bill discounting agreement and issued a cheque for Rs.20,15,197=50 dated 06.11.1995, drawn on Vijaya Bank, M.G. Road, Secunderabad in its favour signed by the second respondent on behalf of the first respondent towards discharge of the liability of the first respondent to the appellant. As per the instructions of the second respondent, that cheque was presented for payment in November 1995. But it was returned with an endorsement 'exceeds arrangement'. When that fact was intimated to him second respondent requested the appellant to present t...
T. Seshu Babu Vs. the State Bank of India, MaIn Branch Rep. by Its Bra ...
Court: Andhra Pradesh
Decided on: Dec-03-2007
Reported in: 2008(2)ALD774
ORDERP.S. Narayana, J.1. Heard Sri A.P. Venugopal, learned Counsel representing the writ petitioner and Smt. Ch. Lakshmi Kumari, learned Counsel representing the respondent. 2. The writ petition is filed for a writ of Mandamus declaring the action of the respondent in retaining the title deeds pertaining to M/s. Asbestos & Cement Concrete Products and M/s. Manoj Castings, Vijayawada, though the accounts have been closed, as arbitrary and illegal, and consequently to direct the respondent to forthwith release all the title deeds given as security for the loan amounts availed by the above said firms.3. In the affidavit filed in support of the writ petition, it is stated that the petitioner is a partner of M/s. Asbestos and Cement Concrete Products and M/s. Manoj Castings, registered firms, and the Managing Partner of the firms was late Sri T. Hanumantha Rao. It is further stated that one Adam Saheb was also a partner for M/s. Asbestos and Cement Concrete Products and that the said T. Han...
V. Mangamma Vs. the State of A.P.
Court: Andhra Pradesh
Decided on: Dec-03-2007
Reported in: 2008(1)ALD(Cri)356; 2008(1)ALT(Cri)164; 2008CriLJ1365
L. Narasimha Reddy, J.1. The appellant figured as A.1 in S.C. No. 398 of 2002 on the file of III Additional Sessions Judge, Tirupati. Herself and another, by name P. Sivakumar Reddy (A.2), were accused of committing murder of the husband of the appellant, by name V. Meghavarnam Reddy, on 29.06.2002. During the trial, A.2 died and the case was proceeded against the appellant alone. Through its judgment, dated 22.11.2004, the trial Court found the appellant guilty of the offence under Section 302 of I.P.C., and sentenced her to undergo imprisonment for life. She was also fined a sum of Rs. 1,000/-, and was directed to undergo simple imprisonment for a period of one month, in default of payment of fine. The appellant was also convicted for the offence under Section 201 read with 34 I.P.C., and for this offence, she was sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs. 1,000/-, in default, to suffer simple imprisonment for one month. Both the sentences we...
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