Andhra Pradesh Court October 2007 Judgments
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Radha Modern Rice Mill Vs. District Collector and anr.
Court: Andhra Pradesh
Decided on: Oct-05-2007
Reported in: 2008(1)ALD745
ORDERP.S. Narayana, J.1. This Court issued Rule Nisi on 19.6.2006 and granted interim suspension.2. This writ petition is filed seeking a writ of mandamus declaring the order of the second respondent demanding to pay an amount of Rs. 56,000/- equivalent to the stock confiscated in the year 1993 vide proceedings dated 9.6.2005 as illegal, arbitrary and barred by limitation and consequently, to set aside the proceedings of the second respondent dated 9.6.2005.3. It is averred in the affidavit filed in support of the writ petition that on 1.1.1987 the Special Deputy Thasildhar, Check post, Morampally checked a lorry bearing No.CMA 449 and found that the lorry driver was transporting rice of 100 quintals of the petitioner-firm, that the driver on demand produced the permit dated 29.12.1986 issued by the Collector and found that on the reverse side, it was incompletely filled. It is further averred that the stocks and the lorry were released after obtaining cash security of Rs. 6,000/- and ...
Divisional Security Commissioner, Rpf, South Central Railway and ors. ...
Court: Andhra Pradesh
Decided on: Oct-05-2007
Reported in: 2008(2)ALD156
G.S. Singhvi, C.J.1. This is an appeal for setting aside order dated 21.2.2007 passed by the learned Single Judge whereby he allowed the writ petition filed by the respondent - B. Shiv Shankar, indirectly set aside his dismissal from service and substituted the same with reinstatement without back wages.2. The respondent joined as Constable in Railway Protection Force, South Central Railway in 1988. On July 10, 1995, a regular departmental enquiry was initiated against him on the following charges:1. While working at BPQ (OP) involved in smuggling of liquor from BPQ to BPA and KZJ area directly are through some agents. Shri Gaddam Narayana, S/o Gattaiah resident of Vardannapet, Warangal, when caught by GRP/KZJ with 10 full B.P. liquor bottles at KZJ Station. On 27.5.1995, confessed that he was engaged by Constable - 366 for smuggling of liquor by Navjeevan Express. Thus, he violated Rule 3(iii) of Railways Service Conduct Rules, 1966.2. He has misbehaved with ASIPF Shri K.V. Purushotta...
In Re: Spectrum Power Generation Ltd.
Court: Andhra Pradesh
Decided on: Oct-05-2007
Reported in: [2008]146CompCas266(AP)
S. Ananda Reddy, J.1. By this company petition filed by the petitioner, viz., Spectrum Power Generation Ltd., under Section 391 of the Companies Act, 1956 (for short 'the Act') read with Rule 79 of the Companies (Court) Rules, 1959, seeks approval of the scheme of arrangement between the petitioner-company and its secured creditors and members, under which, the debts as well as the capital was proposed to be restructured.2. It is stated that the petitioner-company was incorporated under the pro visions of the Companies Act, as per the Certificate of Incorporation granted by the Registrar of Companies dated October 26, 1992, with its registered office at Plot No. 231, 8-2-293/82/A/231, Road No. 36, Jubilee Hills, Hyderabad-500 033. The authorized share capital of the company, as on March 31, 2006, is Rs. 235,00,00,000 divided into 23,50,00,000 equity shares of Rs. 10 each. The issued, subscribed and paid up share capital of the company, as on March 31, 2006, is Rs. 176,47,68,900 divided...
Oil and Natural Gas Corporation Ltd. Vs. Commercial Tax Officer and or ...
Court: Andhra Pradesh
Decided on: Oct-05-2007
Reported in: (2009)22VST204(AP)
ORDERBilal Nazki, J.1. This writ petition raises a very short question for determination. The petitioner is a public corporation engaged in exploration and exploitation of hydro carbons in the area of Krishna Godavari basin. The petitioner imported truck mounted acid pumping unit from M/s. Hydraulic Power Technology, Texas, U. S. A., for a sum of Rs. 2,23,52,625. The said vehicle reached the petitioner through Chennai Port. It was cleared by customs authorities as no custom was levied. The petitioner approached the Regional Transport Officer, Kakinada, for registration of the said vehicle under the Motor Vehicles Registration Act. The said authority directed the petitioner to obtain and file clearance certificate from first respondent for entry tax. Accordingly the petitioner approached the first respondent by its letter dated July 14, 2003 and the first respondent computed the amount of entry tax payable by the petitioner at Rs. 27,90,468. The amount was paid, according to the petitio...
Syed Ali Murtuza Quadri Vs. Syed Abdul Raoof Quadri and Four ors.
Court: Andhra Pradesh
Decided on: Oct-04-2007
Reported in: 2008(6)ALD522
P.S. Narayana, J.1. The unsuccessful first defendant being aggrieved of the reversing judgment and decree made in A.S. No. 71 of 1991 on the file of the II Additional District Judge, Warangal, had preferred this Second Appeal.2. The first respondent herein is the plaintiff in O.S. No. 950 of 1983 on the file of the II Additional District Munsif, Warangal. Respondent Nos. 2 to 5 herein are defendant Nos. 2 to 5 respectively in the said suit-O.S. No. 950 of 1983. The first respondent herein, as plaintiff, had instituted the said suit for declaration that the plaintiff is Sajjadha of Dargah Hazrath Mashooq Rabbani, situated at Warangal to the extent of Gai Khadeem being the successor of Janishin of late Syed Shah Ali Quadri and for a consequential relief prohibiting the defendants from interfering with the functions carried on by the plaintiff as such. On the strength of the respective pleadings of the parties, having settled the issues, the Court of first instance recorded the evidence o...
Katcherla Venkata Sunil Vs. Dr. Vanguri Seshumamba and ors.
Court: Andhra Pradesh
Decided on: Oct-04-2007
Reported in: 2008CriLJ853
B. Seshasayana Reddy, J.1. State assailed in this Criminal Appeal acquittal of A1-Dr.Vanguri Seshumamba and A2 - Dr. S. Jagadeeswari for the offence under Section 304-A r/w. Section 34 IPC passed in C.C. No. 1 of 1999 on the file of II Additional Judicial Magistrate of First Class, Kakinada.2. A1 is a private medical practitioner and she is running a private nursing home under the name and style of Vasudha Nursing Home at Kakinada. A2 is an Obstetrician and Gynaecologist in Government General Hospital, Kakinada and she was a Professor in Rangaraya Medical College, Kakinada. Dr. Sailaja was a student of P.G. Diploma course in Gynaecology and Obstetrician in Rangaraya Medical College, Kakinada in 1997. She developed a small boil viz., Bartholin Abscess in her vaginal area. She appraised her ailment to A2 and sought for leave for few days for the purpose of undergoing treatment at Visakhapatnam. A2 examined her on 21.5.1997 and diagnosed her ailment as perianal abscess. A2 referred her to...
Padmanabhuni Venkata Chalapathi Rao Vs. Sri Raja Kalidindi Kumara Saty ...
Court: Andhra Pradesh
Decided on: Oct-04-2007
Reported in: 2008(1)ALD604
P.S. Narayana, J.1. On 18.08.1998, this Court made the following order:Heard.This appeal is admitted to consider the following substantial question of law.Whether the appellate Court is not in error in not decreeing the plaintiff's suit for specific performance atleast regarding the half share of defendant No. 1 (since the agreement is an admitted document on both sides,) instead of granting a decree for damages.2. Sri G. Dharma Rao, learned Counsel for appellant, had also pointed out to ground No. 8 of the grounds of Second Appeal and would maintain that the said question may also, have to be decided as one of the substantial questions of law and the said question is as hereunder:Whether the lower appellate Court can decide the case without properly framing the point for determination as per the provisions of Order 41 Rule 31 C.P.C.?The learned Counsel pointed out to the respective pleadings of the parties and the evidence available on record and would maintain that in the light of th...
Ravi Raghunath Reddy and Six ors. Vs. Rekala Ramdas S/O. Hanumanthu an ...
Court: Andhra Pradesh
Decided on: Oct-04-2007
Reported in: 2008(2)ALD316
P.S. Narayana, J.1. The unsuccessful plaintiffs in O.S. No. 33 of 1981 on the file of the Principal District Munsif, Bhongir and A.S. No. 4 of 1992 on the file of the Senior Civil Judge, Bhongir had preferred the present second appeal.2. The first appellant in the second appeal died and the legal representatives were brought on record.3. The following substantial questions of law would arise for consideration in the second appeal.1. Whether respondents 1 and 2 and particularly respondent No. 1 and respondents 9 to 13 are entitled to maintain their possession of the suit land legally while taking the shelter under Section 53A of Transfer of Property Act when as per the findings of both the Courts below, the respondent No. 1 and 9 to 13 failed to pay the balance sale consideration, failed to demand for execution of sale deed and failed to file any suit for specific performance of alleged agreement of sale which has become a dead letter after the expiry of limitation period of three years...
K. Vishnu Kumar Reddy, Member, Nellore Bar Association Vs. Inspector G ...
Court: Andhra Pradesh
Decided on: Oct-04-2007
Reported in: 2008(1)ALD220; 2008(1)ALT36
ORDERP.S. Narayana, J.1. Heard Sri K. Vishnu Kumar Reddy, the party-in-person in the present Civil Revision Petition, and Sri Venkal Narayana, the counsel representing R-4.2. This matter came up for admission on 01.10.2007 and it was recorded as hereunder:It is stated that Mr. Venkat Narayana is entering appearance and a request is made for adjournment. It is stated by the petitioner/party-in-person that the elections are scheduled to be held on 05.10.2007.List the matter on 4.10.07.Thus, this matter is appearing in the list today for admission.3. The Civil Revision Petition is filed under Article 227 of the Constitution of India by the petitioner, the party-in-person, being aggrieved by the order made in IA. No. 563 of 2007 and in O.P. No. 542 of 2007 on the file of Principal District Judge, Nellore. The said application where the relief of a restraint order or stay of elections had been prayed for was dismissed. Being aggrieved of the same, the present Civil Revision Petition is pref...
Venkatapathi Naidu and ors. Vs. State of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Oct-04-2007
Reported in: 2008CriLJ179
ORDERG.V. Seethapathy, J.1. This petition is filed under Section 482 Cr. P.C. by the petitioners A.1 to A.5 seeking to quash the proceedings against them in CC No. 1176 of 2005 on the file of IX Metropolitan Magistrate, Kukatpally, Cyberabad district.2. The 2nd respondent herein is the wife, A2 and A3 are brothers, A4 is the mother and A5 is the sister of A1. The 2nd respondent gave a complaint against the accused alleging the offence under Section 498-A IPC and the same was registered as Cr. No. 8 of 2001 of Balanagar PS. After due investigation, the police filed a charge sheet against all the petitioners for the offence under Section 498-A IPC and the same was taken cognizance by the learned Magistrate. Aggrieved by the same, the present petition is filed seeking to quash further proceedings against them.3. Arguments of the learned Counsel for the petitioners and learned Public Prosecutor appealing for first respondent are heard. None appears for the 2nd respondent though served with...
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