Court : Andhra Pradesh
Decided on : Mar-08-2006
Reported in : 2006(3)ALD148; 2006(2)ALT742
..... gazette, dated 25-11-1991. therefore, the petitioner's land was never proposed for acquisition by duly declaring the intention by way of declaration under section 6 of the act. the petitioner is claiming compensation for government land, which was assigned in 1969 and which submerged in the tank. as per the orders of the ..... second respondent submitted draft declaration limiting acquisition to patta land admeasuring ac.83.14 gts. but, the government requested to send draft errata for notification under section 4(1) of the act approved earlier and accordingly, a revised draft notification was submitted for acquiring land admeasuring ac.83.14 gts. the land of the petitioner was not ..... name of the petitioner is mentioned as occupier of the land in survey no. 441/33 situated at burgampad village. after publication of notification under section 4(1) of the act, the land was surveyed by the assistant director of survey and land records. as per the survey, the patta land under the alignment is ac .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-08-2006
Reported in : 2006(1)ALD(Cri)767; I(2007)DMC373
..... if the entire evidence is accepted, there is no case against a-2 to a-4 and thus their convictions and sentences for the offences under section 498a, ipc and section 4 d.p. act are unsustainable and accordingly they are liable to be acquitted of the same. his further submission is that the statement made by the deceased to p ..... according to him, the accused had asked his wife that is the deceased, to demand money from him. again the evidence is not admissible under section 32 of the evidence act. therefore, conviction under section 498a, i pc also cannot sustain and is set aside.in the second cited decision, a division bench of karnataka high court has held when the ..... was told by the deceased to them with respect to the harassment meted out to her by her husband. none of these statements comes within the purview of section 32 of the evidence act. therefore, these statements, in view of the judgment of the supreme court referred to above, are not at all admissible in evidence. there is not a .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-08-2006
Reported in : [2007]135CompCas599(AP); [2007]78SCL242(AP)
..... to all, are directors/officers in charge of the company with all the relevant files to which the complaint relates. by virtue of the provisions of section 166 read with section 210 of the act, accused nos. 1 to 11 were required to hold its first annual general meeting in respect of the first financial year by july 19, 1998, ..... managing director and therefore in the absence of any specific allegation it cannot be said that the petitioner is also the officer in default of the company under section 5 of the act. learned counsel for the petitioner further submits that the petitioner has resigned from the post of director on january 27, 1999, and informed the same to ..... directors and officers in charge of the a1 company failed to file the said annual returns and therefore they are liable to be punished under section 162 read with sections 159 and 161 of the act. it is stated that the complainant has issued a notice to the accused to show cause why action should not be initiated for contravention .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-08-2006
Reported in : III(2007)BC437
..... party. this court is of the considered opinion that the criminal liability cannot be fastened on a2 for the offence punishable under section 138 of the act. it is needless to say that the ingredients under section 138 of the act are not satisfied so far as the wife is concerned. in the peculiar circumstances of the case, this court is well ..... in c.c. no. 315 of 2004 filed cri.m.p. no. 839 of 2004, praying for discharge of the offence under section 138 of the negotiable instruments act, 1881, hereinafter in short referred to as 'the act' for the purpose of convenience. it is stated that on 28.10.2002 both the wife and husband borrowed rs. 30,000/- for ..... instead of filing criminal revision case, it would have been appropriate to file criminal petition under section 482 of cr.p.c. however, inasmuch as the high court of judicature is exercising powers both under section 482, cr.p.c, and under section 397 read with section 401 of cr.p.c, this court is inclined to decide the matter on merits. .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-09-2006
Reported in : AIR2006AP269; 2006(3)ALD522; 2006(3)ALT168; II(2006)DMC553
..... , after the solemnization of the marriage, treated the petitioner with cruelty; or'17. the omission of the words, which described 'cruelty' in the unamended section 10 of the hindu marriage act, has some significance in the sense that it is not necessary to prove that the nature of the cruelty is such as to cause reasonable apprehension in ..... . the conduct of the respondent-wife caused mental agony and thereby the appellant-husband chose to file o.p. no. 104 of 1992 under section 13(1)(ia) of hindu marriage act seeking divorce on the ground of cruelty.3. respondent-wife filed written statement denying the allegations made against her. it is the case of the ..... at saroornagar, hyderabad in o.p. no. 104 of 1992, whereby the learned subordinate judge dismissed the petition filed by the appellant-husband under section 13(1)(ia) of the hindu marriage act, 1955.2. the marriage between the appellant and respondent was solemnized on 1 -8-1990 at lalaguda, secunderabad as per hindu rites and customs. .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-09-2006
Reported in : 2006(4)ALD180; 2006(3)ALT499
ORDERN.V. Ramana, J.1. The petitioner joined the services of the respondent-APSRTC as Driver in 1988. While working as such, on 23-5-1993, the bus driven by him on the route Patancheru-Kesaram met with an accident, in which a 14-year-old boy sustained grievous injury to his left leg, resulting in its amputation. A case of rash and negligent driving was registered against the petitioner. A departmental enquiry was initiated against the petitioner. The charges of rash and negligent driving and driving of the vehicle with lack of anticipation, having been proved in the enquiry, he was removed from service by order dated 19-10-1993 of respondent No. 3. Assailing the said order of removal, he preferred an appeal before respondent No. 2, who vide his order dated 23-3-1994 allowed the same, set aside the order of removal and ordered his reinstatement into service fixing his salary at the minimum scale.2. While so, the criminal case in C.C. No. 456 of 1993 on the file of the Principal Munsif M...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-09-2006
Reported in : 2006(3)ALD766
L. Narasimha Reddy, J.1. The petitioner challenges the order dated 22-9-2005 passed by the Court of Junior Civil Judge, Kodad.2. Petitioner filed O.S. No. 260 of 2003 against the 5th respondent herein, for the relief of partition of the suit schedule properties into two equal parts and allotment of a share to her. A preliminary decree was passed on 12-2-2004, Thereafter, the petitioner filed I.A. No. 244 of 2004 for final decree. The trial Court appointed an Advocate Commissioner, and he, in turn, submitted a report, and the parties did not file any objections to it. The trial Court passed a final decree on 6-10-2004, in terms of the report of the Commissioner.3. Respondents 1 to 4 herein filed an application before the trial Court, for impleading them as defendants 2 to 5, in the suit. They claimed interest in the suit schedule property, and intended to oppose the proceedings. Through the order under revision-, the trial Court allowed the I.A. Hence, this C.R.P.4. Sri Brahmaiah Chowda...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-10-2006
Reported in : 2007(3)ALD631; [2007(114)FLR925]
..... ,000/-. as already noted above, the age of the deceased is 18 years and as per schedule iv to section 4 of the workmen's compensation act, 1923, the factor to be applied is 226.38. the claimants are granted an amount of rs. 2,26 ..... the minimum wages of rs. 1,167/- has to be awarded under the minimum wages act, is not tenable and hence the same is rejected.15. in the present case admittedly, no documentary evidence is produced. ..... present case. prior to the amendment, the minimum amount of compensation is rs. 2,000/-. therefore, when the workmen's compensation act, 1923 itself provides for minimum amount that is to be awarded, the contention of the learned counsel for the insurance company that ..... pleadings, the commissioner framed the following issues for consideration:1. whether the deceased worker is a workman within the meaning of the act and whether he died during the course of employment under opposite party no. 1 ?2. if so what was the monthly .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-10-2006
Reported in : 2006(3)ALD436
..... after recording certain reasons confirmed the findings and dismissed the appeal. aggrieved by the same, the landlords had preferred the present c.r.p., under section 22 of the act.contentions of sri vilas afzalpurkar:3. sri vilas afzalpurkar, the learned senior counsel representing the petitioners-landlords made the following submissions:the learned counsel pointed ..... that there is no hard and fast rule that merely perversed concurrent findings had been recorded no interference is called for before the revisional court under section 22 of the act. the learned counsel no doubt, would comment that normally in ordinary course when concurrent findings relating to factual aspects had been recorded the revisional ..... eviction but in vain and finally refused on 10-2-1999, hence the cause of action arose on the above date.8. the particulars under section 28(3) of the act also had been furnished as hereunder:1. door number of the building and name if any : 22-6-169 with portion2. street and municipal, .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-13-2006
Reported in : [2007]135CompCas597(AP); [2007]79SCL280(AP)
..... 4. the learned standing counsel for the second respondent contended that the petitioner has not submitted the annual returns as required under subsection (3) of section 220 of the companies act and therefore, he is liable for prosecution. he further contended that the registered office of the petitioner's company is situated at hyderabad only which ..... 6. with regard to period of limitation, whether it is continuous offence or not is required to be decided during the trial. the inherent powers can be exercised under section 482 of the cr.p.c. for the following reasons : (1) to carry out the orders passed under this code, (2) to prevent miscarriage of justice ..... powers does not arise. since the allegations in the complaint made out prima facie case under section 220(3) of the companies act as the accused fails to submit the annual returns which is an offence punishable under section 220 of the companies act, there are no grounds to interfere with the same.7. accordingly, the criminal petition .....
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