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Andhra Pradesh Court May 2008 Judgments

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May 28 2008

Dogga V. George Vs. Government of A.P. Rep. by Its Principal Secretary ...

Court: Andhra Pradesh

Decided on: May-28-2008

Reported in: 2009(1)ALT493

L. Narasimha Reddy, J.1. The appellant is a minor, aged 10 years. He is studying in St. George High School, Kothavalasa of Vizianagaram District. It is stated that while he was prosecuting 2nd class in that school, the school authorities have promoted him to 5th class, in the academic year 2005-06, on account of his extraordinary brilliance, and in classes 5th and 6th also, he secured almost 90% marks. Being confident of his ability, he wanted to appear in the SSC examination, on completion of 6th class itself. According to the prevailing Rules, a candidate must not be less than 14 years of age, as on 1st August of the concerned year, to appear in SSC examination.2. A representation was made by the School, to the Principal Secretary, Education (SE-Exams) Department, the 1st respondent herein, on behalf of the petitioner, with a request to relax the minimum age limit. The same was rejected, vide memo dated 17.11.2007, stating that a policy decision was taken by the Government on 8.6.200...


May 28 2008

Regional Provident Fund Commissioner and Another Vs. Feroza Bee and Ot ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: May-28-2008

Mrs. M. Shreesha, Member: 1. Aggrieved by the order in C.D. No. 43/2005 on the file of the District Consumer Forum, Kurnool, the opposite parties preferred this appeal. 2. The brief facts as set out in the complaint are that the husband of the first complainant while working as Beedi Worker died on 30.9.1997. The second opposite party issued Pension Payment Order PPO No. A.P./CDP/9942. Thereafter, the first complainant was getting widow pension since 1.10.1997. As per the Employees Pension Scheme, 1995. Two children of the deceased member shall be entitled to children pension up to the age of 25 years in addition to pension to widow/widower. Accordingly, after the death of the member, Pension Payment Orders were issued by the second opposite party which clearly shows the ages of the family members. Thereafter, the second opposite party did not sanction the children pension on the ground that the date of birth certificates of the children below the age of 25 years are required. The comp...


May 21 2008

i. Balamani Vs. Senior Superintendent of Post Offices, Hyderabad City ...

Court: Andhra Pradesh

Decided on: May-21-2008

Reported in: AIR2008AP181; 2008(4)ALD401

ORDERNooty Ramamohana Rao, J.1. This writ petition has been instituted seeking a writ of mandamus by directing respondents 1 and 2 to accord registration of the journal 'Law Animated World' published by the petitioner. The petitioner has also solicited compensation to be paid for the intransigence of the respondents 1 and 2.2. The petitioner seems to have taken to publication of a journal titled 'Law Animated World' with a view to report importance decisions rendered by various Court across the globe. The Registrar for Newspapers of India had accorded the necessary Certificate of Registration on 2.4.2007. Thereafter, in terms of Section 9 of the Indian Post Office Act, the petitioner had applied for registration of the journal so as to avail the concession of duty of postage. By a communicated dated 21.5.2007, the 1st respondent has declined to accord the postal registration as (1) The magazine solicited donation of Rs. 50/- or more by printing on its right side top cover and (2) the e...


May 21 2008

Balamani Vs. Senior Superintendent of Post Offices, Hyderabad City Div ...

Court: Andhra Pradesh

Decided on: May-21-2008

Reported in: 2008(4)ALT232

ORDERNooty Ramamohana Rao, J.1. This writ petition has been instituted seeking a writ of Mandamus by directing respondents 1 and 2 to accord registration of the journal 'Law Animated World' published by the petitioner. The petitioner has also solicited compensation to be paid for the intransigence of the respondents 1 and 2.2. The petitioner seems to have taken to publication of a journal titled 'Law Animated World' with a view to report important decisions rendered by various courts across the globe. The Registrar for Newspapers of India had accorded the necessary Certificate of Registration on 2-4-2007. Thereafter, in terms of Section 9 of the Indian Post Office Act, the petitioner had applied for registration of the journal so as to avail the concession of duty of postage. By a communication dated 21-5-2007, the 1st respondent has declined to accord the postal registration as (1) The magazine solicited donation of Rs. 50/- or more by printing on its right side top cover and (2) the ...


May 14 2008

R. Mallaiah and ors. Vs. the Deputy Inspector General, Nizamabad and M ...

Court: Andhra Pradesh

Decided on: May-14-2008

Reported in: 2008(2)ALD(Cri)257; 2008(4)ALT626; 2008CriLJ3428

ORDERC.V. Nagarjuna Reddy, J.1. In this writ petition, the petitioners sought for issue of a Writ of Mandamus to declare the registration of First Information Report (for short, 'the FIR') in Crime No. 82 of 2008 of Gajwel Police Station, Gajwel Mandal and Taluq, Medak District, as illegal, arbitrary and unconstitutional.2. The petitioners, who are three in number, are police constables attached to Gajwel Police Station. On 08.04.2008, respondent No. 6 filed a complaint before Gajwel Police Station wherein it was alleged as under:That he has taken on hire agricultural lands of B.Kishan Reddy resident of Mutrajpally Village six months back, that Sri B.Venkat Reddy son of Gopal resident of Banglavenkatapur, Laxmi wife of Venkat Reddy and Banoth Padma have been working as agricultural labourers for six months, that at 00.30 hours on 6/7.04.2008 petitioner No. 1 went to the complainant's agricultural fields in drunken condition and started abusing the labour in filthy language and beating ...


May 14 2008

Mandakini Restaurant and Bar Vs. Deputy Commissioner of Prohibition an ...

Court: Andhra Pradesh

Decided on: May-14-2008

Reported in: 2008(4)ALD188; 2008(4)ALT359

ORDERC.V. Nagarjuna Reddy, J.1. This writ petition is filed for a writ of mandamus to declare order passed in Rc. No. 928/2006/A5 dated 29.9.2007 by respondent No. 2, wherein he declined to renew Form-2B licence under the A.P. Excise (Grant of Licence of Selling by Bar and Conditions of Licence) Rules, 2005 (for short, 'the Rules'), as illegal. The petitioner also sought for a consequential direction to respondent No. 2 to consider its application for renewal of bar licence.2. The facts in a nutshell are as follows:The petitioner was a lessee of the premises in question, namely, Door No. 26-3-128 NRP Road, Ghandi Nagar, Vijayawada, in which it was running a bar and restaurant. It approached respondent No. 2 for renewal of its bar licence for the year 2007-2008. While the petitioner's application for renewal was pending, respondent No. 2 received representation dated 16.6.2007 from respondent No. 3, wherein the latter objected to the petitioner's application for grant of renewal on the ...


May 14 2008

Andhra Pradesh State Road Transport Corporation Rep. by Its Executive ...

Court: Andhra Pradesh

Decided on: May-14-2008

Reported in: 2008(5)ALD787; 2008(5)ALT87; 2009LC(AP)790

C.V. Nagarjuna Reddy, J.1. In all these Writ Petitions, the common question viz., whether Clause 12 of Regulation 2 of 2006 and Appendix-3 to the said Regulations are applicable to the petitioners, arises for consideration. Hence, all these Writ Petitions are heard together and being disposed of by this common judgment.2. All the petitioners established non-conventional power generating plants and they hold separate Agreements for Wheeling/Wheeling-cum-Power Purchase, as the case may be. Such agreements were initially entered into with the A.P. State Electricity Board (for short 'the APSEB') and with the creation of A.P. Transmission Corporation (for short 'the APTRANSCO') under the provisions of the Andhra Pradesh Electricity Reform Act, 1998 (for short 'the 1998 Act'), which came into force with effect from 29-7-1998, these Agreements were got transferred in the name of APTRANSCO, being the successor of the APSEB. Subsequently, with the creation of four distribution companies in the ...


May 02 2008

Seelam Ramadevi Vs. Gadiraju Yanadi Raju

Court: Andhra Pradesh

Decided on: May-02-2008

Reported in: 2008(4)ALD366; 2008(4)ALT438; IV(2008)BC518

ORDERG. Rohini, J.1. This Civil Revision Petition is directed against the order dated 6.12.2007 in E.A. No. 187 of 2007 in E.P. No. 17 of 2007 in O.S. No. 223 of 2004 on the file of the Court of the Junior Civil Judge, Rajampet.2. The Revision petitioner is the decree-holder in whose favour a money decree dated 22.11.2006 was granted in O.S. No. 223 of 2004. Pursuant thereto, she filed E.P. No. 17 of 2007 under Order 21 Rule 37 of C.P.C. for execution of the decree by arrest and detention of the judgment-debtor in civil prison. In the said Execution Petition, the judgment-debtor/respondent herein filed E.A. No. 187 of 2007 under Section 151 of C.P.C. with a prayer to grant installments at the rate of Rs. 800/- per month. Though the decree-holder/Revision petitioner opposed, the said application was allowed by the Court below by order dated 6.12.2007 permitting the judgment-debtor to pay the decretal amount in installments at the rate of Rs. 1,000/- per month. Aggrieved by the same, the...


May 02 2008

Gajula Exim (P) Ltd. Vs. Authorised Officer, Andhra Bank, MaIn Branch ...

Court: Andhra Pradesh

Decided on: May-02-2008

Reported in: AIR2008AP184; 2008(4)ALD385; 2008(3)ALT619; IV(2008)BC274; [2009]149CompCas489(AP)

ORDERG. Yethirajulu, J.1. This is a revision petition filed by the petitioner in S.A. No. 25 of 2006 on the file of the Debts Recovery Tribunal, Visakhapatnam, challenging the order dated 13-09-2007 passed by the said Tribunal.2. The petitioner made an Application before the Debts Recovery Tribunal to set aside the possession notices, dated 10-03-2006, 25-03-2006 and 26-04-2006 issued by the respondent-bank, to declare that the said notices are illegal and contrary to law and to direct the respondents to pay compensation for illegally taking possession of the properties. The applicant is a private limited company having its administrative office at Visakhapatnam. It is engaged in the process of procuring and exporting seafood for various countries.3. The company was sanctioned Rs. 275 lakhs under PC/PCFC running account facility and Rs. 150 lakhs under FDBP/FUBD/RVBA. The seafood industry suffered set back. Therefore, the industry faced serious problems. The company paid substantial re...


May 02 2008

In Re: Crips Laboratories Ltd. (In Liquidation) Rep. by the Official L ...

Court: Andhra Pradesh

Decided on: May-02-2008

Reported in: [2008]145CompCas357(AP); (2008)4CompLJ376(AP)

ORDERRamesh Ranganathan, J.1. The questions which arise for consideration, in this application, are (1) Whether the sum available, from the sale proceeds of the security of a secured creditor, after meeting the principal dues of the secured creditor with interest at the contracted rate till the date of winding up, and the dues of the workmen, can be utilized to pay the secured creditor interest at the contracted rate from the date of winding up till the date of sale of the secured assets or should it be applied for repayment of the principal dues of the unsecured creditors and, only thereafter, for payment of interest at 4% p.a. to all creditors, both secured and unsecured? and (2) the rate of interest payable to the workmen, along with their principal dues, in the absence of an agreement for payment of interest?2. The company in liquidation availed a loan from State Bank of India, (S.B.I.) for Rs. 160 Lakhs against the mortgage of immovable properties comprising of land and buildings ...


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