Andhra Pradesh Court December 2008 Judgments

Reckitt and Benckiser (India) Ltd. and anr. Vs. the State of Andhra Pr ...

Court: Andhra Pradesh

Reported in: 2009(2)ALT562; 2009CriLJ2346

ORDERV.V.S. Rao, J.1. Reckitt and Benckiser (India) Limited, manufacturer among others of disinfectant 'Lizol' (Pineol Shakti Disinfectant) Phenolic type cleaner, is before this Court for a writ of Mandamus declaring the proceedings in calendar case No. 449 of 2004 on the file of Court of the XI Metropolitan Magistrate, City Civil Courts, Hyderabad, as illegal, unwarranted and unjustified. In effect, the writ petition is for quashing criminal complaint in exercise of this Court's power under Article 226 of Constitution of India.2. The following is the admitted factual background. Petitioner, an incorporated company, has its registered office at Okhla Industrial Area, Phase- III, New Delhi. Its business is to manufacture and sale of pharmaceutical and other products including disinfectant cleaner 'lizol'. Petitioner obtained licence under Drugs and Cosmetics Act, 1940 (the Act, for brevity) and its operations are regulated inter alia by provisions of the Act as well as Drugs and Cosmeti...

M. Rama Krishna S/O Late M. Seshagiri Rao and anr. Vs. the Government ...

Court: Andhra Pradesh

Reported in: 2009(2)ALT330

V.V.S. Rao, J.1. An interesting question falls for consideration in these two writ petitions. The question is regarding right of District Judge Grade I (DJ), who is appointed as Upa-Lokayukta under Andhra Pradesh Lokayukta and Upa-Lokayukta Act 1983 (Lokayukta Act, for brevity), to claim Dearness Allowance or Dearness Relief (DA/DR) on the pension payable to Upa-Lokayukta after remitting office after completion of term of five years. Petitioners in these two cases, who held office of Upa-Lokayukta contend that a District Judge who is appointed as Upa- Lokayukta is entitled to claim DR on pension drawn as DJ as well as Upa- Lokayukta. The Government admits entitlement of petitioners of DA on pension payable as District Judges but oppose payment of DA on pension payable as Upa-Lokayukta. Whether they are entitled to two pensions and two DAs or two pensions and one DA is contentious issue in these matters and hence this common order. 2. The fact of the matter is not in dispute. Petitioner...

Salla Eswaramma Vs. C. Subba Reddy

Court: Andhra Pradesh

Reported in: 2009(2)ALT59

ORDERV. Eswaraiah, J.1. The petitioner is the plaintiff who filed the suit O.S. No. 288 of 2004 on the file of the Additional Senior Civil Judge, Chittoor for grant of permanent injunction restraining the respondent herein from interfering with her possession and enjoyment of the suit schedule property situated in Sy. No. 246/1 of Irala village and Mandal, Chittoor District in an extent of Ac.0-07 cents out of Ac.1-54 cents with well and bore well therein with 5 HP Motor and pump set connected to the Service Connection No. 438 within the specified boundaries.2. The said suit was originally filed in the Court of II-Additional Senior Civil Judge, Chittoor, thereafter, it was transferred to the Court of Additional Senior Civil Judge, Chittoor. It is stated that the respondent/defendant in the said suit also filed O.S. No. 94 of 2004 on the file of the Additional Senior Civil Judge, Chilttoor against the petitioner herein and one Cheekala Kannaiah Reddy for grant of permanent injunction, r...

Shri Ram Transport Finance Company Ltd., a Company Regd Under the Comp ...

Court: Andhra Pradesh

Reported in: 2009(2)ALT710

ORDERV.V.S. Rao, J.1. An interesting question of importance arises in the writ petition. Whether the owner who obtained release of confiscable motor vehicle allegedly involved in the commission of an offence under Section 13(2) of Andhra Pradesh Prohibition Act, 1995 (Prohibition Act, for brevity) is obliged to honour the Bank Guarantee (BG), (furnished as per the orders of the Court) after lapse of some time when for obvious reasons value of vehicle seized and confiscated as per law depreciates to a lesser value than BG amount?2. M/s. Sriram Transport Finance Company Limited having its registered office at Chennai in Tamil Nadu, advanced loan to one Ch. Sarada (hirer, for brevity) for purchase of TATA Goods Vehicle bearing No. AP 26 T 2039 under an agreement, dated 05.06.1996. During subsistency of such agreement, vehicle was seized on 28.07.1996 by the Excise Officials for involvement in a commission of offence under Prohibition Act. The lorry was found carrying 360 full bottles of I...

M. Venkataramudu and ors. Vs. District Collector and ors.

Court: Andhra Pradesh

Reported in: 2009(2)ALT768

ORDERV.V.S. Rao, J.1. Five petitioners herein are residents of Regatipalli village. They filed present writ petition seeking a writ of Mandamus declaring action of respondents (District Collector, Ananthapur, Revenue Divisional Officer (RDO), Dharmavaram, and the Tahasildar, Dharmavaram Mandal) in finalizing list of beneficiaries for assignment of agricultural lands in the village as illegal and arbitrary.2. The affidavit in support of writ petition filed by first petitioner contains the following main allegations. It is submitted that the petitioners are landless poor persons and they eke out their livelihood by doing agricultural work and the petitioners are entitled for assignment of agricultural land in terms of the government orders which are in vogue. The respondents have proposed to grant agricultural land available in Regatipalli village, Dharmavaram Mandal in favour of landless poor persons. The 3rd respondent has notified the list of eligible persons through his proceedings i...

National Insurance Co. Ltd. Vs. Rajala Lakshmi (Died) and ors.

Court: Andhra Pradesh

Reported in: 2009ACJ58

G. Yethirajulu, J.1. This appeal has been filed by the insurance company against the order dated 10.10.2006 in W.C. Case No. 41 of 2004 on the file of the Assistant Commissioner of Labour, Circle I, Visakhapatnam.2. The respondent No. 1 is the wife of the deceased Simhachalam. She filed the said application under Workmen's Compensation Act claiming compensation of Rs. 2,07,980. The deceased Simhachalam worked as driver since two years on the tractors bearing Nos. ABP 5910 and ABP 5911 belonging to the owner of the tractor and trailer, opposite party No. 1. The vehicles were insured with the appellant and the policy is valid from 24.3.1998 to 23.3.1999. On 10.12.1998 at about 8 p.m., on the instructions of the owner, deceased took the tractor and trailer for ploughing the land of one Vijaya Narayana Raju and when he was driving the same, the tractor and trailer suddenly turned turtle and the deceased fell down and died on the spot, therefore, the wife of the deceased filed the applicati...

Castle Constructions Vs. Bobbili Rama Krishna

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Mrs. M. Shreesha, Member: Oral: 1. Aggrieved by the order in C.D. No. 682/2004 on the file of District Forum-II, Visakhapatnam, opposite party preferred this appeal. 2. The brief facts as set out in the complaint are that the complainant entered into an agreement of sale with opposite party on 27.8.2002 for construction and delivery of flat No.13 in Mercury Castle situated at S.No. 42/5, Chinnagadili village within Municipal Corporation limits of Visakhapatnam. Opposite party received an amount of Rs. 4,29,050 in all from the complainant. The complainant submitted that as per Para 2 Page 3 of the agreement, opposite party has to complete the construction of the said flat and handover possession of the same within 18 months from the date of agreement i.e. 27.8.2002 and the opposite party has to deliver the flat to her by 26.2.2004 and thus there is deficiency of service. The complainant, therefore, got issued a legal notice dated 12.4.2004 demanding Rs. 10,000 per month for the delayed ...

Lalitha Real Estates Vs. Syndicate Finance and Chit Firm

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

D. Appa Rao, President: Oral: 1. This is an appeal preferred by the opposite party against the order of the District Forum-I, East Godavari at Kakinada in C.D. No. 110/2004 in allowing the complaint and directing it to refund the amount paid by the complainant towards the scheme. 2. The case of the complainant in brief is that he joined as a member of the appellant in the venture Sree Lalitha Nagar started by him wherein he had to pay Rs. 1,000 each for 60 months on which an extent of 200 sq. yds. will be allotted. Accordingly he paid the amount regularly. However, he did not pay the 37th instalment due in July, 2001 on the ground that the agent did not come and collect the instalment. Thereupon he issued a legal notice dated 21.7.2003 requesting that he would withdraw the membership and requested the appellant to refund the instalments paid by him with interest at 24% p.a. for which he received a reply with untenable allegations. Therefore, he prayed for refund of the amount paid by h...

M. Srinivasa Raju S/O Subba Raju Vs. the State of Andhra Pradesh Rep. ...

Court: Andhra Pradesh

Reported in: 2009(2)ALT203

ORDERG. Rohini, J. 1. This writ petition is filed seeking a Certiorari to call for the records relating to C.C. No. 57 of 2004 pending on the file of the Court of the Principal Special Judge, ACB Cases, Hyderabad, and to quash the same. 2. While the petitioner herein was working as Assistant Director in the Agriculture Department of the Government of Andhra Pradesh, a crime was registered against him on 20.06.1997 under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988 alleging that he acquired huge assets by corrupt and dubious means. Pursuant thereto, searches were conducted and the incriminating material relating to the assets were seized and after completing the investigation the Inspector of Police, ACB, City Range-II, Hyderabad filed the charge-sheet and accordingly C.C. No. 57 of 2004 has been registered in the Court of the Principal Special Judge for SPE & ACB Cases, City Civil Court, Hyderabad, on 9.12.2004 for prosecution of the petitioner.3. ...

Yadla Bhaskara Rao Alias Bhtchibabu and ors. Vs. State of Andhra Prade ...

Court: Andhra Pradesh

Reported in: 2009CriLJ1502

1. This Criminal Appeal is preferred by the appellants-A-1 to A-3 against the judgment, dated 27-07-2006, in S.C. No. 306 of 2005 on the file of the VI Additional Sessions Judge (Fast Track Court), East Godavari District, Rajahmundry, wherein A-1 to A-3 were found guilty for the offence punishable under Section 302 r/w 34 of the Indian Penal Code, 1860 (for brevity 'IPC') and accordingly, convicted and sentenced them to suffer life imprisonment and to pay a fine of Rs. 500/- each, in default to suffer rigorous imprisonment for three months.2. The brief facts that are necessary for disposal of the Criminal Appeal may be stated as follows:PW 2 is the mother of the deceased. A-1 and A-3 are the sons of A-2. The deceased and the accused belong to Peddipalem. The deceased owned 12 acres of land. About one year prior to the date of the incident, he mortgaged four acres of land to A-2 for a period of three years and obtained a loan of Rs. 75,000/- from him. There was also an understanding tha...