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Andhra Pradesh Court December 2008 Judgments

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Dec 18 2008

S. Bheem Prasad and ors. Vs. State of A.P., Rep. by Its Secretary to G ...

Court: Andhra Pradesh

Decided on: Dec-18-2008

Reported in: 2009(3)ALT193

ORDERGhulam Mohammed, J.1. These batch of writ petitions are filed by the petitioners seeking a Writ of Certiorari to quash the common judgment dated 28.7.2008 passed in O.A. No. 562 of 2007 and batch on the file of Andhra Pradesh Administrative Tribunal and the impugned Government Memo No. 8477/Ser.1.2/2006-9, dated 20.1.2007 with a direction to the respondents to consider the case of the petitioners for promotion to the post of Deputy Executive Engineer and other higher categories basing on the ranking assigned in APPSC.2. These batch of writ petitions are disposed of by this common order as the cause in all these writ petitions is same.3. Brief facts of the case are that the petitioners are direct recruitees as Assistant Executive Engineers, on selection by the A.P. Public Service Commission in the year 1989 and 1990. Subsequently, they were promoted as Incharge Deputy Executive Engineers. It is stated that the petitioners were not indicated that they need to pass the departmental t...


Dec 18 2008

Post Master General and Others Vs. Siddabhathuni Venkata Madhavi and A ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-18-2008

D. Appa Rao, President: 1. This is an appeal preferred by the postal authorities when they were directed to pay the amount covered under the postal life insurance policy with interest @ 9% p.a., together with compensation and costs. 2. The case of the complainant in brief is that complainant No. 1 is the mother and complainant No. 2 is the sister of deceased S. Sai Bhaskar Pavan Kumar. During his lifetime he obtained Rural Postal Life Insurance Policy for Rs. 1 lakh. He paid premium of Rs. 821 at Branch Post Office, Sanjeevaraopet, Giddalur mandal of Prakasham District. They were shown as nominees in the policy. The Post Master sent the proposal on 6.3.2004 to R3 and the same was accepted on 31.3.2004 however communicated by registered post on 7. 7. 2004. After his death on 26.4.2004 they requested to settle the claim, however, the postal authorities did not pay the amount as such they filed the complaint claiming the amount covered under the policy together with Rs. 10,000 towards com...


Dec 17 2008

State Bank of India, Rep. by Chief General Manager and ors. Vs. B.V. B ...

Court: Andhra Pradesh

Decided on: Dec-17-2008

Reported in: 2009(1)ALT610

Anil R. Dave, C.J.1. This appeal is directed against the order dated 02.4.2008 passed in Writ Petition No. 460 of 2006, whereby the learned Single Judge has allowed the writ petition filed by the respondent - original petitioner, setting aside the orders dated 29.7.2004 and 20.10.2005 passed by appellants No. 3 and 2 herein respectively and has remanded the matter to appellant No. 3 for fresh consideration and disposal in accordance with law. The learned Single Judge has also directed that the original petitioner should be reinstated into service forthwith with all benefits up to date.2. The brief facts of the case are that the respondent herein was appointed as a Senior Assistant in State Bank of India. While he was working at Proddatur Branch of the bank, a departmental enquiry had been initiated against him on the ground that he had committed several irregularities. The enquiry officer submitted his report on 21.4.2004 with a finding that all the charges, except one, levelled agains...


Dec 17 2008

Prakash Road Lines Ltd. and Others Vs. Gopal Automobiles and Another

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-17-2008

Mrs. M. Shreesha, Member: Oral: 1. Aggrieved by the order in CD No.126/2005 dated 28.10.2005 on the file of District Consumer Forum, West Godavari District at Eluru, opposite parties 1 to 3 preferred this appeal. 2. The brief facts as set out in the complaint are the complainant has booked three consignments with the 1st opposite party to be delivered at the office of S.R.M.T., Akiveedu on 7.10.2004, 17.11.2004 and 14.12.2004. The value of the goods and the consignment details are as follows:S. No.DateConsignment Note No and Freight Charges.Value of the goods1.7.10.20042499743, Rs. 1675Rs.54,8282.17.11.20042502796, Rs. 1285Rs.38,7723.14.12.20042513567, Rs. 2510Rs.87,785The complainant submits that at the time of taking delivery of goods at Akiveedu, the freight charges have to be paid as mentioned in the consignment note. As opposite parties 1 to 3 failed to deliver the consignment note to the complainant, the complainant approached opposite party No. 4 and he was informed to pursue th...


Dec 16 2008

Lanco Kondapalli Power Private Ltd., a Company Incorporated Under the ...

Court: Andhra Pradesh

Decided on: Dec-16-2008

Reported in: 2009(162)LC181(AP); 2009(242)ELT340(AP)

ORDERP.V. Sanjay Kumar, J.1. The petitioner challenges the invocation of its Bank Guarantee during the pendency of the stay petition in the statutory appeal filed by it under the Customs Act, 1962 (for brevity, 'the Act of 1962').2. The petitioner, a power generation and distribution company, was subjected to levy of customs duty, interest and penalty in respect of certain product imports by the order-in-original dated 05.05.2008 passed by the Commissioner of Central Excise and Customs, Visakhapatnam, respondent 3 herein. Aggrieved thereby, the petitioner took recourse to the statutory remedy available to it, filing an appeal before the Customs, Excise and Service Tax Appellate Tribunal (for brevity, 'CESTAT'), Bangalore, under Section 129-A of the Act of 1962. The petitioner also filed a petition for stay and dispensation of the deposit of the duty, interest and penalty payable, under the provisions of Section 129-E of the Act of 1962 and the said stay application is stated to be pend...


Dec 16 2008

Adarsh Vidyalaya, Recognized School (a Service Unit of the GraIn and S ...

Court: Andhra Pradesh

Decided on: Dec-16-2008

Reported in: 2009(15)ALT519

ORDERL. Narasimha Reddy, J.1. The petitioner is an educational institution established in the year 1974 by the Association of Grain and Seeds Merchants, Zaheerabad. Initially, it was functioning in a rented building. In the year 1977, it purchased an extent of Ac.2-00 of land vide registered document No. 808 of 77 from the then municipality, which is now called as 'Nagarpanchayat'- the first respondent herein. The adjoining land of an extent of Ac.6-00 was being used by the school as play ground and for allied purposes.2. The petitioner made repeated representations to the Municipality for transfer of Ac.6.00 of land. Through a resolution dated 20.6.1981, the Municipality resolved to allot and transfer Ac.6-01gt. land in favour of the petitioner. This was preceded by an assurance given by the then Minister of Municipal Administration on 2.5.1981. The Municipality addressed a letter, dated 3.8.1981 to the Government in Municipal Administration Department-the fourth respondent for accord...


Dec 16 2008

Professional Courier and Another Vs. Balkrishna

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-16-2008

D. Appa Rao, President: Oral: 1. Having heard the learned Counsel for the appellants and having perused the record, we are of the opinion that the matter could be disposed of at the stage of admission. 2. The case of the complainant in brief is that he sent a cover containing certificates and interview card to Chandarbhan Jaimini, H.No. 7/408, New Mahavir Colony, Sonepat District, Haryana on 4.4.2008 through the appellants couriervide receipt Ex. A3. The appellants instead of sending it to Sonepat District, sent it to Hyderabad. Later when questioned, they have informed that they have sent it mistakenly to Hyderabad address, however, he was informed that it would be sent to Sonepat but it did not reach Sonepat and the cover was returned on 23.4.2008 without service. In fact the date of interview was 22.4.2008 and though his wife attended the interview for the post of Librarian at Defence Research and Development Organization at Bangalore without certificates, she was not selected. She ...


Dec 12 2008

E. Giri Yadav. M.A. Vs. Union of India (Uoi) Rep. by Its Secretary, La ...

Court: Andhra Pradesh

Decided on: Dec-12-2008

Reported in: 2009(3)ALT304

ORDERP.V. Sanjay Kumar, J. 1. Recent events involving the higher judiciary highlighted by the Press and the Media seem to have spurred the petitioner, a member of the legal fraternity, professed social worker and a self-proclaimed sentinel of judicial independence, to file the present writ petition. His prayer in the writ petition is in the following terms:.this Hon'ble Court may be pleased to issue an appropriate writ, order or direction more particularly, one in the nature of Writ of Mandamus declaring that no authority be it constitutional or statutory has any power to order enquiry or investigation and call for a report against any Judge of any High Court or Supreme Court of India and that no investigating agency or police or other authorities shall have any power to investigate, enquire and submit any report against any sitting Judge of the High Court or the Supreme Court of India except as provided by the Constitution of India, i.e., by way of impeachment only, as it would be vio...


Dec 12 2008

Reheemunnissa Vs. District Consumer Forum and ors.

Court: Andhra Pradesh

Decided on: Dec-12-2008

Reported in: AIR2009AP100

ORDERG. Rohini, J.1. This writ petition is filed seeking a declaration that the Order passed by the District Consumer Forum Prakasam District dated.26-04-2007 in E.P. No. 3 of 2007 in C.D. No. 116 of 2000 prohibiting the petitioner from transferring or creating any charge over house bearing No. 8-1-402/409 Gulshan Colony, Shaik pet, Hyderabad, by sale, gift or otherwise as arbitrary and illegal.2. The petitioner claims to be the absolute owner and possessor of the house in question having purchased the same under a registered sale deed dated 30-11-2005 from the respondent No. 6 herein. By notice dated.04-04-2007 issued by the District Consumer Forum Prakasam District, the petitioner was called upon to appear before the Forum on 26-04-2007 and to show cause as to why the house in question should not be attached in E.P. No. 3 of 2007 filed by 2nd respondent in execution of the order passed in C.D. No. 116 of 2000 under Sections 25 and 27 of the Consumer Protection Act, 1986 (for short 't...


Dec 11 2008

Sri Vemula Bhaskar and anr. Vs. Govt. of A.P. and ors.

Court: Andhra Pradesh

Decided on: Dec-11-2008

Reported in: 2009(2)ALT299

ORDERL. Narasimha Reddy, J.1. One Syed Habib Khadri owned an extent of Ac.365.00 of land in Survey No. 19/2 of Peddireddigudem Village of present Chandragonda Mandal, Khammam District. The grand father of the 5th respondent herein, by name Korivi Veeraswamy, a tribal was declared as a protected tenant in respect of Ac.12.12 guntas of that land under the A.P. (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (for short 'the Act'). He was also issued a certificate under Section 38-E of the Act. The grand father of the first petitioner, by name Vemula Subbaiah is said to have purchased that land on 06.01.1961 under an unregistered sale deed from Veeraswamy. 2. On a complaint made by Veeraswamy that the alleged sale in favour of Subbaiah is contrary to the provisions of the Andhra Pradesh Schedule Areas Land Transfer Regulation 1 of 1959 (for short 'the Regulation'), the Special Deputy Collector, Paloncha, the 3rd respondent herein took up the matter as L.T.R. Case No. 147 of 1977....



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