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Andhra Pradesh Court July 2007 Judgments

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Jul 10 2007

In Re: on Line Media Solutions Ltd.

Court: Andhra Pradesh

Decided on: Jul-10-2007

Reported in: [2008]82SCL64(AP)

Ramesh Ranganathan, J.1. This petition is filed under Section 101 of the Companies Act, 1956, seeking an order of confirmation from this Court to the reduction of the share capital of the petitioner-company.2. The petitioner was originally incorporated as a private limited company on 24-2-1999, under the name and style of 'Om Web (P.) Ltd.'. Its name was subsequently changed to 'On Line Media Solutions (P.) Ltd.', vide certificate of incorporation dated 30-8-1999. The petitioner was converted into a public limited company and a fresh certificate of incorporation dated 9-9-1999, was issued under the name and style of 'On Line Media Solutions Ltd.'. The main object, for which the petitioner-company was incorporated, is to carry on business in export oriented information technologies and software development utilizing the services of software designers, systems analysts and programmers, etc. The authorised capital of the company, on the date of the filing of the company petition, was Rs. ...


Jul 10 2007

Smt. P. Renuka Vs. Mamatha Chit Funds (P.) Ltd. (In Liquidation)

Court: Andhra Pradesh

Decided on: Jul-10-2007

Reported in: [2008]83SCL309(AP)

B. Prakash Rao, J.1. Heard Sri Ch. Ramesh Babu, learned Counsel for the appellants and also the Official Liquidator.Since all these matters are connected and arise out of common order passed, they have been taken up together for disposal.2. The only question which involves in these appeals is as to whether the objection raised by the appellants herein have come up for consideration before the learned Single Judge.3. Briefly staled the facts of the case are that in the proceedings which arise in liquidation of a company the appellants herein filed a comprehensive affidavit in March 2004 whereas they raised several pleas including as to their entitlement of fee and commission as Advocate from out of the chit amount as mentioned in para 5. That apart, there is a specific plea in totally disowning the very transaction itself and, therefore, no liability can be fastened on him. After contest by the respondent herein the learned Single Judge framed the following issues:1. Whether the 1st res...


Jul 10 2007

A. Raj Kumar Vs. Divisional Security Commissioner, Rpf and ors.

Court: Andhra Pradesh

Decided on: Jul-10-2007

Reported in: 2008(2)ALD844; 2008(4)SLR507

G.S. Singhvi, C.J.1. This is an appeal for setting aside order dated 21.2.2007 passed by the learned Single Judge in Writ Petition No. 18940 of 2007 whereby he declined the appellant's prayer for nullifying his dismissal from service on the charge of unauthorised absence from duty.2. The appellant joined service as Constable in the Railway Protection Force (RPF) in April 1983. In 1992, he was removed from service on the charge of unauthorised absence from duty from 28.8.1991 to 11.6.1992. On appeal, the punishment of removal from service was substituted with that of reduction of his pay for a period of three years. In the first week of April, 1993, the appellant again proceeded on casual leave. He then sent applications dated 5.4.1993, 10.4.1993 and 12.4.1993 for extension of leave on the ground of illness of his wife. He also submitted medical certificates in support of his plea of the wife's illness, but his request was not accepted by the competent authority and vide letter dated 11...


Jul 09 2007

Mohd. MoIn S/O Mohd. SharifuddIn Vs. the Branch Manager, United India ...

Court: Andhra Pradesh

Decided on: Jul-09-2007

Reported in: 2007(5)ALD819

G.V. Seethapathy, J.1. This appeal is directed against order dated 16.10.2000 in O.P. No. 787 of 1996 on the file of Motor Accidents Claims Tribunal-cum VII Additional Chief Judge, City Civil Court, Hyderabad (in short, 'the tribunal'), wherein the claim of the appellant was allowed in part awarding compensation of Rs. 16,000/- with interest at 4% per annum from the date of the petition.2. The appellant filed the claim application before the tribunal seeking compensation of Rs. 80,000/- on account of the injury sustained by him in a motor vehicle accident that occurred on 3.3.1996. According to the claimant, on that day, while he was returning to Vasavi Studio, at about 3 p.m., an auto bearing No. ADT 4385 came from Masab Tank side towards Mehdipatnam with high speed and in a rash and negligent manner and dashed against the claimant resulting in multiple injuries to the claimant. The claimant was shifted to Osmania General Hospital for treatment. A case in Crime No. 52 of 1996 was regi...


Jul 09 2007

Jamparapu Jeevamma W/O Late Balashoury and 5 ors. Vs. Sanapalli Veera ...

Court: Andhra Pradesh

Decided on: Jul-09-2007

Reported in: 2009ACJ938; 2008(1)ALD723

G.V. Seethapathy, J.1. This appeal is directed against the order dated 05.03.2001 in MVOP No. 636 of 1999 on the file of the Motor Accidents Claims Tribunal (District Judge), (for short 'Tribunal') Kadapa, wherein the claim of the appellants was allowed in part awarding compensation of Rs. 2,00,000/- with interest at 12% per annum from the date of petition against the first respondent-owner of the vehicle alone.2. The appellants herein filed claim application before the Tribunal claiming compensation of Rs. 2,00,000/- for the death of deceased Balashowry, who died in a motor vehicle accident that occurred on 2.9.1997. The first claimant is the wife, claimants 2 to 6 are the children of the deceased. According to them, on the morning of 2.9.1997 the deceased and others went to Rajupalem in the tractor-trailer belonging to the first respondent for loading bricks and while proceeding to Reddipalli, the deceased and other coolies sat on the top of the load of bricks on the tractor and at a...


Jul 09 2007

Manisha and Mulay (Jv) Vs. A. Krishna Reddy, Partner Incharge, Akr-coa ...

Court: Andhra Pradesh

Decided on: Jul-09-2007

Reported in: 2007(5)ALD481; 2007(5)ALT745; 2008(1)CTLJ59(AP)

ORDERG.S. Singhvi, C.J.1. This appeal is directed against order dated 13.6.2007 passed by the learned Single Judge in Writ Petition No. 6914 of 2007, whereby he quashed the decision of the State Government to permit Chief Engineer, FFC (SRSP) and SSP, Karimnagar (respondent No. 3 herein) to open the tender of M/s.Manisha and Mulay (JV)(the appellant herein) and consider the same along with other bids.2. The Facts:The Superintending Engineer, SRSP, Circle No. 1 (respondent No. 4 herein) invited tenders through e-procurement platform for the work of formation of Earth Dam, construction of Spillway, Head Regulators on Left and Right Side, Lead Channels, High Level B.T. Road including construction of DLR Bridge, two irrigation canals on both sides including Distributory System up to water course level and other allied works including Investigation, Designing and Estimation of Mothe Vagu Reservoir Designing and Estimation of Mothe Vagu Reservoir with FRL + 318.00 M for storing live capacity...


Jul 09 2007

Ganaparthi Thirupathaiah Vs. District Panchayat Officer and ors.

Court: Andhra Pradesh

Decided on: Jul-09-2007

Reported in: 2007(5)ALD646; 2007(5)ALT366

C.V. Nagarjuna Reddy, J.1. This writ appeal is filed against order dated 22-3-2007 of the learned Single Judge in Writ Petition No. 19419 of 2006 whereby he dismissed the writ petition filed by the appellant.2. There are three water tanks situated in West Veerayapalem village. They are (1) Papanayudu Cheruvu, (2) Venkaiah Cheruru, and (3) Omkara Cheruvu. This case is concerned with the auction of fishing rights in Papanayudu Cheruvu. The controversy arose when the fishing rights in the said Papanayudu cheruvu were purportedly auctioned on 7-7-2006 for a period of three years commencing from 2006-2007 to 2008-2009 in favour of the appellant by the 3rd respondent Gram Panchayat headed by the then Sarpanch. After the leasehold rights were conferred on the appellant by the previous dispensation, elections were held on 2-8-2006 to the West Veerayapalem Gram Panchayat and a newly elected body had taken over with respondent No. 4 heading the Gram Panchayat as its Sarpanch. On 1-9-2006 the Gra...


Jul 06 2007

Dongala Venkaiah and anr. Vs. Dongala Raji Reddy

Court: Andhra Pradesh

Decided on: Jul-06-2007

Reported in: AIR2007AP344; 2007(5)ALD716

ORDERGopala Krishna Tamada, J.1. The Civil Revision Petition is directed against the order dated 16.4.2007 made in E.A. No. 28 of 2004 in E.P. No. 5 of 2003 in O.S. No. 79 of 1999 on the file of the Junior Civil Judge, Sulthanabad.2. A short and interesting point raised by Sri I. Aga Reddy, learned Counsel for the petitioners-defendants is that without there being a decree for mandatory injunction, can the trial Court order execution and direct the bailiff to remove the structures and handover possession of the vacant land?3. Before adverting to the contentions put forth by the learned Counsel for the petitioners as well as Sri Sudhershan Reddy, learned Counsel for the respondent-plaintiff, it is necessary to go into the facts of the case.4. For the sake of convenience, the parties will be referred to as they are arrayed in the original suit.5. The plaintiff filed O.S. No. 79 of 1999 for recovery of possession of Ac.0.06 guntas of land in S. No. 1513 situated in Garrepalli village, Sul...


Jul 06 2007

K. Balaiah Vs. G. Thimmappa and Another

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jul-06-2007

Mrs. Merla Shreesha, I/c President: 1. Aggrieved by the order in CD No. 181 of 2004 on the file of District Forum-Anathapur the complainant preferred this appeal. 2. The brief facts as set out in the complaint are that the complainant is the father of the deceased K. Subramanyam and opposite party No. l is the owner of the jeep which was insured with opposite party No. 2. On 5.4.1999 at about 7.30 p.m. when the deceased was travelling in the said jeep, it met with an accident as a result of which Mr. K. Subramanyam sustained severe injuries and died. A case was registered and post-mortem was also conducted. Opposite party No. l, the owner of the jeep had taken personal accident policy with opposite party No. 2 and paid a premium of Rs. 450 . The policy is valid from 7.4.1998 to 6.4.1999. The said personal accident policy covered the inmates of the jeep and opposite party No. 2 has to pay compensation of Rs. 1,00,000 . The complainant got issued a legal notice to opposite party Nos. 1 a...


Jul 06 2007

Dr. B. Shyamsunder Raj Vs. M. Pandarinath and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jul-06-2007

Mrs. M. Shreesha, Incharge, President: 1. Aggrieved by the order in C.D. No. 82/2001 on the file of District Forum, Ranga Reddy District, opposite party No. 1 preferred this appeal. 2. The brief facts as set out in the complaint are that the complainants daughter, Ms. Kavita, consulted Dr. Sudheer Goje of Bodhan on 7.4.2000 with a complaint of chest pain. After examining the patient, he gave some medicines and advised to undergo some tests but as the patient did not respond to the treatment and on his advice approached Dr. Shyam Sunder of Medwin Hospital, Hyderabad i.e. opposite party No. 1. Opposite party No. 1 treated her as out-patient on 17.4.2000 and as initial diagnosis observed that there are no cervical glands and lungs were normal and advised to use medicines for one week as per O.P. card and come for review after four days without prescribing air-bronchogramme. Blood examination was done on 17.4. 2000 at opposite party No. 3 diagnostic centre revealed that ESR level was on hi...


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