Andhra Pradesh Court February 2008 Judgments
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Bitla Gangaram Vs. the State of A.P. Represented by Its Public Prosecu ...
Court: Andhra Pradesh
Decided on: Feb-22-2008
Reported in: 2008(1)ALD(Cri)782; 2008(2)ALT(Cri)1
L. Narasimha Reddy, J.1. The appellant-A1, his father-A2 and mother-A3, were tried by the Court of IV Additional District and Sessions Judge (Fast Track Court), Siddipet in S.C. No. 295 of 2005, on three charges. The first charge was that all the accused have subjected Naveena, the wife of A1, to cruelty by demanding additional dowry and thereby, committed an offence punishable under Section 498-A IPC. The second charge was that the appellant committed the murder of his wife Naveena on the intervening night of 17/18.04.2004, by throttling her neck with saree. In the alternative, all the accused were charged with the offence of committing dowry death of the deceased and thereby committed an offence punishable under Section 304-B IPC. Through its judgment, dated 25.01.2006, the trial Court acquitted A2 and A3. The charge under Section 498-A IPC was held not proved against the appellant. However it convicted the appellant, of the offence punishable under Section 302 IPC and sentenced him,...
K. Susheela Vs. Ministry of Communications, Department of Posts and or ...
Court: Andhra Pradesh
Decided on: Feb-22-2008
Reported in: AIR2008AP179; 2008(3)ALT258
ORDERG. Yethirajulu, J.1. This Writ Petition has been filed by the petitioner seeking to declare the action of the first respondent in issuing the proceedings dated 02.09.2000 denying the interest on the deposits made by the petitioner beyond the limit provided under the Rules, as arbitrary, illegal and unconstitutional.2. The petitioner's husband by name Rajamallu made deposits in multiple accounts at Mancherial, Ramakrishnapuram and Mandamarri Post Offices by opening 12 accounts under Post Office Monthly Income Scheme (P.O. M.I.S.) for a total amount of Rs. 6,18,000/-. Subsequently, the said accounts were converted into joint accounts. Though her husband deposited the amounts in different Post Offices, none of the respondents' office staff have informed that one should not invest beyond an amount of Rs. 4,08,000/- in joint account, in which event, the depositor will not get any interest on the excess amount deposited. Some of the agents acting on behalf of the respondents persuaded t...
Government of Andhra Pradesh Rep. by Its Principal Secretary to Govt., ...
Court: Andhra Pradesh
Decided on: Feb-22-2008
Reported in: 2008(4)ALD88; 2008(3)ALT414
ORDERD.S.R. Varma, J.1. Since these two writ petitions are interrelated, with the consent of both the parties, they are heard together and being disposed of by this common order.2. Heard the learned Government Pleader for Services-I, appearing for the petitioners, as well as the learned Counsel appearing for the respondent.3. Both the W.P. Nos. 1227 and 3275 of 2006 are directed against the common order, dated 02-08-2007, passed by the Andhra Pradesh Administrative Tribunal, Hyderabad (for brevity 'the Tribunal'), allowing the applications O.A. Nos. 6015 and 1381 of 2006, respectively, setting aside the orders, passed by the Principal Secretary to Government, Home (WNT) Department, Secretariat, Hyderabad, in Memo No. 26992/WNT/A1/2005, dated 13-02-2006, and Memo No. 8795/WNTA1/2006-1, dated 24-04-2006, impugned before it, and consequently directed the respondents therein to consider the case of the applicant therein for appointment as Police Constable, if he possesses the qualification...
Dilshad HussaIn and ors. Vs. Alloju Mallikarjun Rao
Court: Andhra Pradesh
Decided on: Feb-22-2008
Reported in: 2008(3)ALD515; 2008(3)ALT739
ORDERL. Narasimha Reddy, J.1. The respondent is the owner of premises bearing No. 9-2-2, J.P.N. Road, Warangal, and the petitioners are tenants thereof. The respondent filed O.S. No. 1045 of 2003, in the Court of Principal Junior Civil Judge, Warangal, for eviction of the petitioners. The subject matter of the suit was settled between the parties, through medium of Lok Adalat, and an award came to be passed on 29.1.2004. It was agreed that the petitioners shall be entitled to continue as tenants, up to 31.12.2006, on revised rents, with periodical enhancement.2. Alleging that the petitioners did not vacate the premises even after 31.12.2006, the respondent filed E.P. No. 17 of 2007. The E.P. was opposed by the petitioners, on the ground that though the revised terms of tenancy were agreed, in the award passed by the Lok Adalat, the consequence of the violation thereof, was not provided for. Through its order, dated 23.8.2007, the executing court allowed the E.P., and issued a warrant f...
G. Venkat Reddy and Co., Engineers and Contractors Vs. Vice-chairman a ...
Court: Andhra Pradesh
Decided on: Feb-22-2008
Reported in: 2008(4)ALD130
ORDERRamesh Ranganathan, J.1. This application is filed, under Section 11 of the Arbitration and Conciliation Act, 1996, for appointment of an Arbitrator to resolve the disputes, referred to in the applicant's letter dated 27.6.2006, arising out of the agreement dated 31.1.2000.2. The applicant, a registered partnership firm and a special class contractor, entered into an agreement with the respondent on 31.1.2000 for excavation and removal of overburden and production of Barytes Ore (ROM), loading, transportation, unloading and levelling at Mangampeta Barytes Project, Mangampeta Village, near Koduru Railway Station, Cuddapah District. The scheduled date of completion of the work, under the agreement of three years duration, was extended upto 8.3.2005. On completion of the work, and after receiving final payment on furnishing a 'no claim certificate', the applicant, in their letter dated 27.6.2006, consolidated their claims for Rs. 22 crores with interest thereon. They requested the re...
Bikku Bhukya Vs. Kakatiya University Rep. by Its Registrar and anr.
Court: Andhra Pradesh
Decided on: Feb-22-2008
Reported in: 2009(2)ALT617
ORDERR. Subhash Reddy, J.1. This writ petition is filed by the petitioner, who is working as an Academic Consultant in the first respondent-University, seeking a writ of Mandamus and the prayer reads as follows:To issue a writ of Mandamus declaring the action of the respondent No. 1 in not considering the service certificate issued by the Department of Informatics in the University Post Graduate College, at Khammam as an Academic Consultant, as service rendered as lecturer for considering the candidature of the petitioner for the post of Associate Professor in Informatics, which is a backlog ST post, notified vide notification No. 1 of 2007 dated 07-07-2007, as bad in law, illegal, arbitrary and consequently to direct the respondents to consider the case of the petitioner for appointment as Associate Professor under S.T. Backlog post in Informatics by considering his case along with other eligible candidates by taking the service certificate issued by the Department of Informatics in t...
Golla Sankaraiah (A1) S/O. Kalappa and Eight ors. Vs. the State of And ...
Court: Andhra Pradesh
Decided on: Feb-21-2008
Reported in: 2008(1)ALD(Cri)830; 2008(2)ALT(Cri)39
L. Narasimha Reddy, J.1. A1 to A13 were tried by the Court of the I Additional Sessions Judge, Nellore, in Sessions Case No. 113 of 2000 on several charges. The case against A3 and A10 abated on account of their death, during the pendency of the case. First charge was against accused Nos. 1, 2, 4 to 13 for the offence punishable under Section 148 of the Indian Penal Code (IPC). Accused Nos. 1, 2, 4 to 9 and 11 were found guilty of the said charge and they were sentenced to rigorous imprisonment for one year. Accused Nos. 12 and 13 were acquitted of that charge. Second charge was against accused Nos. 1, 2, 4 to 13 for the offence punishable under Section 307 read with 149 IPC for attempting to cause the death of P.W.1. In the same charge, accused Nos. 2 to 5, 7, 8, 11 and 12 were accused of causing hurt to P.W.2. The trial Court found the said accused guilty of the offence punishable under Section 324 IPC and imposed sentence of rigorous imprisonment for one year. The third and grave ch...
AshwIn Agro Tech Pvt. Ltd. Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Feb-21-2008
Reported in: 2008(3)ALD665
ORDERC.Y. Somayajulu, J.1. As common questions of fact and law arise in both the writ petitions, they are being disposed of by a common order.2. WP No. 14789 of 1999 is filed to declare Clause (b) of B.P. (Oppn. & Comml.) Ms. No. 1, dated 3.4.1997 issued by the Transmission Corporation of A.P. (A.P. TRANSCO) (4th respondent) as illegal, arbitrary, unjust and contrary to the policy of the Government contained in CO. Ms. No. 108, Industries and Commerce (IP.II) Department, dated 20.5.1996 and consequently set aside the same and declare , that the petitioner is entitled to 25% rebate on the power tariff for a period of three years with effect from 19.12.1997 in terms of the eligibility certificate dated 16.11.1998 issued by the General Manager, District Industries Centre, Guntur (3rd respondent).3. WP No. 1631 of 2001 is filed to direct the Transmission Corporation of A.P. (A.P. TRANSCO) (1st respondent) and its employees mentioned as other respondents in the writ petition to extend the b...
Varalaxmi Charka Alias Renuka Vs. Satyanarayana Charka
Court: Andhra Pradesh
Decided on: Feb-20-2008
Reported in: AIR2008AP134; 2008(2)ALD785; 2008(2)ALT474; II(2008)DMC43
Nooty Ramamohana Rao, J.1. This appeal is preferred against the judgment and decree rendered by the Family Court, Hyderabad in OP No. 43 of 1997 instituted by the respondent-husband under Section 13 of the Hindu Marriage Act seeking annulment of the marriage that took place between them on 15-11-1989. This tragic case unfolds the grave impact, an otherwise innocuous piece of information not being put forth at the very beginning, will have, upon the conjugal life of two highly qualified individuals.2. The respondent-husband who hails from Hyderabad City has pursued his career in a performing art - a dance form of India. His mastery over this Fine art has taken him to shores as far as New York City where he settled down in 1981 and eventually became a citizen of the United States of America. Upon an informal introduction by a common friend, they came in close contact with each other facilitating exchange of views and then agreed to get united in wedlock. By then both the parties are beyo...
The Continental Construction Company (incorporated Under the Indian Co ...
Court: Andhra Pradesh
Decided on: Feb-20-2008
Reported in: 2008(4)ALD95; 2008(4)ALT209
B. Seshasayana Reddy, J.1. This Civil Miscellaneous Appeal is filed under Section 39 of the Indian Arbitration Act, 1940 questioning the order dated 5.1.20.00 passed in O.P.No.14 of 1990 on the file of 1st Additional Senior Civil Judge, Visakhapatnam, whereby and where under the learned Additional Senior Civil Judge allowed the application filed under Section 30 of the Indian Arbitration Act, 1940 and set aside the award dated 25.9.1989 and directed the appellant herein to pay seigniorages fee and cess amounting to Rs. 27,84,617.10 together with interest @ 12 percent from 23.6.1988.2. Back ground facts of the case, in brief, are:Visakhapatnam Port Trust (hereinafter referred to as Claimant) invited tenders for execution of C2 and C3 contract works. They are land based works at Lova Gardens, and Marine Works and break water construction. Continental Construction Company (hereinafter referred to as the Contractor) submitted tender and the same came to be accepted after due negotiations. ...
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