Andhra Pradesh Court February 2008 Judgments
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Paramjit Singh Sadana Vs. State of A.P. Rep. by the Secretary (Legisla ...
Court: Andhra Pradesh
Decided on: Feb-08-2008
Reported in: 2008(1)ALD(Cri)712; 2008(3)ALT74; 2008(2)ALT(Cri)339; 2008CriLJ3432; 2008(2)KLT941
ORDERN.V. Ramana, J.1. Since these two writ petitions filed by the accused in S.C. No. 218 of 2007 on the file Metropolitan Sessions Court, Hyderabad, assail the orders issued in G.O. Rt. No. 1239, dated 03.08.2007 by respondent No. 1-Government of Andhra Pradesh under Section 24(8) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') appointing Sri. P. Satya Murthy, Advocate, as a 'Special Public Prosecutor' for conducting prosecution in the said Sessions Case, as being illegal and arbitrary, they are heard together and are being disposed of by this common order.Brief Facts of The Case2. The facts that gave rise to the filing of these two writ petitions are - At the instance of one Smt. Reena Sadna (hereinafter called as the 'de facto complainant') a case in Crime No. 369 of 2006 on the file of the Police Station, Punjagutta, under Sections 302 and 379 I.P.C. was registered. In the said complaint, the complainant alleged that her husband Sri Jasbir Singh was...
Apsrtc, National Mazdoor Union Rep. by Its State Joint Secretary Vs. A ...
Court: Andhra Pradesh
Decided on: Feb-08-2008
Reported in: 2008(3)ALD558; 2008(3)ALT173; [2008(118)FLR21]; (2008)IIILLJ399AP
ORDERC.V. Nagarjuna Reddy, J.1. The petitioner, a registered trade union sought for issuance of a writ of mandamus to declare notification dated 13.12.2007 issued by respondent No. 1 whereby it called for applications from entrepreneurs for supply of buses on hire scheme for operation on the identified routes in the State of Andhra Pradesh, as illegal, unjust, contrary to law and the written commitment given by the Cabinet Sub-Committee.'2. In the affidavit filed in support of the writ petition, the State Joint Secretary of the petitioner union averred that the petitioner and other unions operating in the Corporation served strike notice dated 27.5.2005, proposing to go on strike from any day on or after 12.6.2005, if the Corporation does not consider the demands submitted by them, that demand No. 13 of the charter of demands submitted by the Joint Action Committee (JAC) related to stopping of hiring of private buses by the Corporation, that when the Corporation did not resolve the dem...
D. Yadamma and ors. Vs. G. Suryanarayana and anr.
Court: Andhra Pradesh
Decided on: Feb-08-2008
Reported in: 2008(3)ALD605; 2008(3)ALT217
ORDERC.Y. Somayajulu, J.1. The first respondent filed the suit against the revision petitioners and the second respondent for injunction restraining them from interfering with his possession over 537.25 sq. yards in Sy. No. 313 of Chandanagar village within the boundaries mentioned in the schedule appended to the plaint which hereinafter will be called as the suit land, inter alia alleging that he purchased the suit land under a registered document in 1967 from one V. Venkat Ramaiah, who had purchased the same in 1965 from the original owners of the land, namely Donti Narsaiah and his sons namely Veeraiah, Shankeraiah, Ramulu and Kistaiah and that those people, i.e., Donti Narsaiah and his sons also sold an extent of 537.25 sq.yards to one V. Radha Krishna Murthy, who is the eastern side neighbour to the suit land and the said Radha Krishna Mutiny developed the property and constructed a residential apartment with the name Balaji Apartment and subsequently, he constructed a compound wa...
Jigender Singh Vs. B. Seshagiri Rao and Sons Ltd. and anr.
Court: Andhra Pradesh
Decided on: Feb-08-2008
Reported in: 2009ACJ51; 2008(3)ALD351; 2008(3)ALT735
Nooty Ramamohana Rao, J.1. This appeal is preferred by the claimant, not being satisfied with the amount of compensation of Rs. 1-00 lakh awarded by the II Additional Chief Judge, City Civil Court, Hyderabad in O.P. No. 261 of 1996.2. The claimant, who was working as a Hamali with Air Road Transport (Assam) Company Limited, Autonagar, Hyderabad, met with an accident involving a lorry chasis, bearing number TR No. BHR 16-9331, between 12-30 and 1-00 p.m. on 4.1.1996, in which accident, he had received multiple grievous injuries and as a result of which, he lost his vision and, consequently, became disabled completely. Though a sum of Rs. 70,000/- was claimed originally, the claim petition has been permitted to be modified enhancing the claim to Rs. 3-50 lakhs.3. Heard Sri Vijay Kumar Heroor for the appellant, Sri Deepak Battacharjee for the 1st respondent and Sri T. Mahender Rao for the 2nd respondent.4. The learned Counsel for the appellant had pointed out that the appellant while proc...
Konda Anuradha and ors. Vs. Gopi Reddy Venkat Reddy and anr.
Court: Andhra Pradesh
Decided on: Feb-08-2008
Reported in: 2009ACJ708; 2008(3)ALD355; 2008(4)ALT34
ORDERNooty Ramamohana Rao, J.1. The appellants are the claimants/petitioners in O.P. No. 411 of 1996 on the file of the Motors Accidents Claims Tribunal-cum-I Additional District Judge at Nalgonda (henceforth referred to as 'the Tribunal'). The 1st claimant is the wife; the 2nd and 3rd claimants are the son and daughter; and the 4th claimant is the mother of one Konda Venkataiah, who is said to have died in a motor accident on 25.12.1994. The claim was laid seeking compensation of Rs. 8.00 lakhs.2. The 1st respondent is the owner of a Tractor and Trailer, while the 2nd respondent is the insurer of the said vehicle. In support of the claim the appellants have examined two witnesses and got marked Exs.A.1 to A. 10. The 1st respondent remained ex parte and the insurance company got marked the copy of the policy as Ex.B.1.3. It is the case of the claimants that the deceased Konda Venkataiah was returning from Rayanigudem Village to Nalgonda on his scooter bearing registration number A.P. 2...
Public Prosecutor, High Court of A.P. Vs. Mirza Amjad Baig
Court: Andhra Pradesh
Decided on: Feb-07-2008
Reported in: 2008(1)ALD(Cri)545; 2008(2)ALT(Cri)51; 2008CriLJ2335
L. Narasimha Reddy, J.1. In S.C. No. 503 of 1998, the Court of the Vth Additional Metropolitan Sessions Judge (Mahlla Court), Hyderabad tried the respondent herein for the offences under Sections 302, 304B and 498A of the Indian Penal Code (IPC). Through its judgment dated 13-3-2001, the trial Court acquitted the respondent of the charge under Section 302, I.P.C., but convicted him of the offences punishable under Sections 304B and 498A, I.P.C. Sentences of seven years rigorous imprisonment for the offence under Section 304B, I.P.C. and three years rigorous imprisonment and a fine of Rs. 500/-, in default to suffer simple imprisonment for three months for the offence under Section 498A, I.P.C. were imposed. The sentences were directed to run concurrently. State preferred this appeal challenging the acquittal of the respondent herein of the offence punishable under Section 302, I.P.C.2. The deceased by name Arun Jyothi was married to the respondent herein. It is said to be a love marria...
General Manager, Indian Government Mint, Industrial Development Area a ...
Court: Andhra Pradesh
Decided on: Feb-06-2008
Reported in: 2008(4)ALD708; 2008(2)ALT354
ORDERD.S.R. Varma, J.1. Heard Assistant Solicitor General of India, appearing for petitioners, learned Counsel appearing for respondent No. 1 and learned Counsel appearing for respondent No. 2.2. This writ of certiorari is filed, under Article 226 of the Constitution of India, seeking to call for the records pertaining to the order, dated 20.09.2006, passed by the Central Administrative Tribunal, Hyderabad Bench at Hyderabad (for brevity 'the Tribunal'), allowing O.A. No. 1147 of 2004, filed by respondent No. 1 herein, with certain directions, and to set aside the same.3. Petitioners are respondent Nos. 1 to 3, respondent No. 1 is applicant and respondent No. 2 is respondent No. 4, in the O.A., before the Tribunal.4. By the impugned order, the Tribunal had directed the petitioners herein to consider the case of respondent No. 1 herein for promotion, as per the recommendations made by the Departmental Promotion Committee (for brevity 'the DPC'), convened in the year 1999, if he was foun...
Kurakula Narayana and Two ors. Vs. State of Andhra Pradesh Rep. by the ...
Court: Andhra Pradesh
Decided on: Feb-06-2008
Reported in: 2008(1)ALD(Cri)813; 2008(2)ALT(Cri)22
L. Narasimha Reddy, J.1. This case presents certain extraordinary facts and thereby the relevant questions.2. The appellants herein were arrayed as A-1, A-4 and A-7 in S.C. No. 298 of 2003 on the file of the learned VI Additional District and Sessions Judge, (F.T.C.), Markapur, together with A-2, A-3, A-5, A-6, and A-8 to A-16. They were tried for various charges, referable to Sections 147, 148, 452, 302, 302 read with Section 149, 506 and 201 of the Indian Penal Code (for short 'IPC'). During the trial, A-14 died and the case against him abated. The trial Court acquitted A-2, A-3, A-5, A-6, A-8 to A-13, A-15 and A-16, but, however, found the appellants guilty of the offences punishable under Sections 302, 201, 148 and 452 IPC.3. For the offence punishable under Section 302 IPC, the appellants herein were sentenced to suffer imprisonment for life and to pay a fine of Rs. 200/- each, in default, to suffer simple imprisonment for two months. Sentence of rigorous imprisonment for two year...
Katta Venkata Mallikarjuna Raju Vs. Authorized Officer, Canara Bank, B ...
Court: Andhra Pradesh
Decided on: Feb-06-2008
Reported in: 2008(3)ALD684
ORDERP.S. Narayana, J.1. This Court ordered notice before admission on 13.11.2007 and granted conditional order of interim stay. It is stated that the conditional order had not been complied with.2. Heard Sri Satyanarayana Nimmagadda, learned Counsel representing the writ petitioner and Sri Deepak Bhattacharjee, learned Counsel representing the respondents.3. The writ petition is filed for a writ of mandamus declaring the action of the respondents in insisting the petitioner to vacate from his residential flat property bearing Flat No. 202 situated in 2nd floor, Rajyuvaraj Towers, 3rd ward, Bhimavaram Town, West Godavari District pursuant to possession notification dated 31.10.2007 published in West Godavari Edition of Eenadu Telugu Daily Newspaper as illegal, irregular, arbitrary, without jurisdiction and violative of the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for brevity 'the Act') and rules framed thereunde...
Government of Andhra Pradesh Rep. by Assistant Director of Horticultur ...
Court: Andhra Pradesh
Decided on: Feb-06-2008
Reported in: 2008(4)ALD634; 2008(4)ALT551; [2008(118)FLR1131]; (2009)ILLJ169AP
ORDERP.S. Narayana, J.1. Heard the learned Government Pleader for Agriculture, representing the writ petitioner and Sri R.N. Reddy, learned Counsel representing the respondents.2. This Court issued rule nisi on 25.10.2007 and granted interim suspension for a period of two weeks in W.P.M.P. No. 29266 of 2007 which is being extended from time to time.3. The writ petition is filed for a writ of certiorari to call for records pertaining to the orders passed by the second respondent dated 05.4.1999 vide orders No. AP/VP/31545/RJY.I/Enf.II/99/3809 as well as the orders passed by the third respondent in A.T.A.No. 343(1)/2005, dated 24.5.2007 and set aside the same, as arbitrary, illegal and against the principles of natural justice and pass such other suitable orders.4. Learned Government Pleader for Agriculture had taken this Court through the contents of the impugned order and would maintain that no reasons had been recorded, much less, convincing reasons. The learned Government Pleader for...
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