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Andhra Pradesh Court March 2009 Judgments

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Mar 24 2009

K.V.V. Vijaya Kumar S/O. Late K. Sanyasi Rao Vs. the State of A.P. Rep ...

Court: Andhra Pradesh

Decided on: Mar-24-2009

Reported in: 2009CriLJ3406

ORDERK.C. Bhanu, J.1. These criminal petitions are filed under Section 482 Cr.P.C. by A.20, A.21, A. 13 and A. 18 respectively, to quash the proceedings in C.C. No. 59 of 2007 on the file of the Principal Special Judge for SPE & ACB Cases, Hyderabad.2. The Deputy Superintendent of Police, Crime Investigation Department (C.I.D.), Hyderabad laid charge sheet alleging that, it is a case relating to the offence of cheating, impersonation, screening of evidence, forgery, conspiracy to create fake appellate judgments and decrees of the High Court of Andhra Pradesh in land acquisition cases on the file of the Senior Civil Judge, Karimnagar relating to Hasnapur village for misappropriating an amount of Rs. 3.09 crores of Government money and for claiming compensation twice by some of the claimants/accused.3. It is alleged that, A.1, who was working as Typist in Animal Husbandary Department, was the mastermind and instrumental in creation of fake appellate judgments/decrees and for swindling Go...


Mar 24 2009

Guntamukkala Venkata Ramana Murthy Vs. the Mandala Parishad Developmen ...

Court: Andhra Pradesh

Decided on: Mar-24-2009

Reported in: 2009(4)ALT6

ORDERL. Narasimha Reddy, J.1. The elections to the Mandal Parishad, Kurupam Mandal, Vizianagaram District, were held in the year 2006. The petitioner and the 5th respondent filed their nominations for being elected as MPTC members from G. Sivada Segment. The petitioner was declared elected as Chairman, in the elections held on 28.06.2006.2. The 5th respondent filed O.P. No. 1 of 2006, before the Agency Divisional Officer (Revenue Divisional Officer) - cum - Election Tribunal, Parvathipuram (for short 'the Tribunal'). The only ground urged by him was that the petitioner incurred disqualification under Section 19(3) of the A.P. Panchayat Raj Act, 1994 (for short 'the Act'), in as much as he had three children by the date of filing of nomination. The petitioner denied the allegation and contested the O.P. Through its order, dated 05.02.2009, the Tribunal allowed the O.P., and had set aside the election. The same is challenged in this Writ Petition.3. Sri Nandigama Krishna Rao, learned Cou...


Mar 24 2009

Madanapalle Hospitals (P) Ltd. Vs. Government of Andhra Pradesh, Home ...

Court: Andhra Pradesh

Decided on: Mar-24-2009

Reported in: 2009(15)ALT528

ORDERL. Narasimha Reddy, J.1. The land admeasuring Ac.0.33 cents in Survey Nos. 293/1,2 and 3D, and 358 square yards in Survey Nos. 293/1 and 2 of B.K. Palli, which is suburb of Madanapalle Town, Chittoor District was owned by the Commercial Benefit Corporation, the fourth respondent herein. The petitioner is a private limited company undertaking the activity of establishment of hospitals. It purchased the said land through two sale deeds, dated 31.05.1997, and thereafter, constructed a hospital, duly obtaining permission from the authorities concerned.2. The fourth respondent and its sister organizations are involved in the business of finance and chit transactions. On finding that the fourth respondent and its sister concerns have committed default in payment of the amounts to the subscribers, respondents 1 to 3 initiated proceedings against them under the provisions of the Andhra Pradesh Protection of Depositors of Financial Establishments Act, 1999 (for short 'the Act'). The first ...


Mar 24 2009

The Mandanapalle Hospitals (P) Ltd. Vs. the Government of Andhra Prade ...

Court: Andhra Pradesh

Decided on: Mar-24-2009

Reported in: AIR2009AP153

ORDERL. Narasimha Reddy, J.1. The land admeasuring Ac.0.33 cents in Survey Nos. 293/1, 2 and 3D, and 358 square yards in Survey Nos. 293/1 and 2 of B.K. Palli, which is suburb of Madanapalle Town, Chittoor District was owned by the Commercial Benefit Corporation, the fourth respondent herein. The petitioner is a private limited company undertaking the activity of establishment of hospitals. It purchased the said land through two sale deeds, dated 31.05.1997, and thereafter, constructed a hospital, duly obtaining permission from the authorities concerned.2. The fourth respondent and Its sister organizations are involved in the business of finance and chit transactions. On finding that the fourth respondent and its sister concerns have committed default In payment of the amounts to the subscribers, respondents 1 to 3 initiated proceedings against them under the provisions of the Andhra Pradesh Protection of Depositors of Financial Establishments Act, 1999 (for short 'the Act'). The first...


Mar 24 2009

Kovuri Rajalingam Vs. Singareni Collieries Company Ltd. and ors.

Court: Andhra Pradesh

Decided on: Mar-24-2009

Reported in: 2009(5)ALT480

ORDERB. Seshasayana Reddy, J.1. The petitioner was appointed as Attendant in the 1st respondent Company on 24.04.1965. His date of birth was recorded as 20.04.1949 as on the date of entry into the service of the 1st respondent Company. The 1st respondent Company issued a Circular CRP/PER/IR/A/51/728, dated 01.04.2006/ 15.05.2006 for verification of records in respect of employees who have put in/likely to put in more than 42 years of service in the 1st respondent Company. Pursuant to the said circular, the petitioner, who has put in 42 years of service in the 1st respondent Company, was examined by the Apex Medical Board on 09.04.2007. The Apex Medical Board assessed the age of the petitioner as 60 years as on 09.04.2007 since he completed 42 years of service. The basis for the assessment is that the minimum age required for entry into the service of the 1st respondent company is 18 years and if the age of the petitioner as on 24.04.1965 is taken as 18 years, he would be attaining the ...


Mar 23 2009

New India Assurance Co. Ltd. Vs. Suraya Bee and ors.

Court: Andhra Pradesh

Decided on: Mar-23-2009

Reported in: 2009(4)ALT760

ORDERV.V.S. Rao, J. 1. This appeal by New India Assurance Company Limited is against award dated 15-04-2003 in O.P. No. 817 of 2000 passed by Motor Accidents Claims Tribunal-cum-District Judge, Nizamabad.2. Respondent Nos. 1 to 3 herein (claimants) are legal heirs of one Ayyub Khan, who was statedly 25 years and was working as cleaner in lorry bearing No. MWY 6300 (first lorry) and was earning Rs. 3,000/- per month. On 03-03-2000 when he was going on duty as cleaner from Hyderabad towards Nagpoor, first lorry dashed against another lorry bearing No. AP9U 6760 (second lorry) coming in opposite direction. Ayyub khan sustained injuries and died on the spot. Claimants instituted OP claiming Rs. 4,00,000/- as compensation alleging negligence on the part of driver of first lorry.3. Owner of first lorry filed written statement opposing OP. He alleged that accident occurred due to rash and negligent driving of second lorry and therefore, he is not liable for payment of compensation. He also al...


Mar 20 2009

The New India Assurance Company Limited Vs. Petlu Nagaratnam, W/O. Cha ...

Court: Andhra Pradesh

Decided on: Mar-20-2009

Reported in: 2009(3)ALT423

V.V.S. Rao, J.1. Challenge in this appeal by the New India Assurance Company Limited is to the award dated 15.03.2001 in M.V.O.P. No. 559 of 1996 passed by the Motor Accident Claims Tribunal-cum-II Additional District Judge, East Godavari at Rajahmundry. 2. The fact of the matter which is not seriously disputed may be noticed. Garaga Adilakshmi, statedly aged about 60 years and was earning about Rs. 600/- per month as a coolie, was victim of a hit and run accident occurred due to rash and negligent driving of the driver of a jeep bearing No. AP 5 T 2258 on the road between Peddapuram to Jaggampeta. Victim of the accident died on the spot. Her four childen instituted the O.P claiming Rs. 90,000/- as compensation for her death. As generally happens, driver remained ex parte. Owner of the jeep, one Suri Babu, contested the O.P. He admitted that he is the owner of the jeep and that even if driver is negligent it is insurance company which has to pay the am`unt. 3. Insurance Company opposed...


Mar 20 2009

United India Insurance Company Limited Vs. G. Rajeshwar, S/O. G. Shank ...

Court: Andhra Pradesh

Decided on: Mar-20-2009

Reported in: 2009(5)ALT432

V.V.S. Rao, J.1. First respondent in this appeal, aged 18 years statedly an agriculturist, was travelling as a pillion rider on a scooter on 05.02.1996. Lorry bearing No. AAT6887 dashed against the scooter. First respondent received serious injuries. He was admitted at Government Hospital, Nizamabad, for treatment. Thereafter, he was shifted to Osmania General Hospital and again referred to Nizams Institute of Medical Sciences. Alleging that he incurred Rs. 80,000/- for treatment, he filed O.P.No.385 of 1996 on the file of the Motor Accident Claims Tribunal-cum-District Judge, Nizamabad, claiming a sum of Rs. 2,00,000/- as compensation.2. O.P was opposed by the insurer denying the negligence on the part of the driver and on quantum of compensation.3. In view of the dispute, learned Tribunal framed two issues and enquiry was conducted. First respondent examined himself as P.W.1. Doctor who treated him was examined as P.W.2. Exs.A1 to A7 were marked besides Exs.C1 and C2. Ex.A4 is the bu...


Mar 20 2009

State of Andhra Pradesh, Department of Legislative Affairs and Justice ...

Court: Andhra Pradesh

Decided on: Mar-20-2009

Reported in: 2009(3)ALT1; 2009CriLJ2705

B. Prakash Rao, J.1. Since all these matters involve a common questions of law, they are being taken up together for disposal, though each varies on facts.2. In W.A. 1215 of 2008 and W.A. (SR) 109236 of 2008 the State of A.P is the appellant, filed as against the interim orders of suspending the impugned proceedings by the learned Single Judge in W.P.M.P. No. 25088 and 25089 of 2008 in W.P. 19231 of 2008.3. When these appeals came up for hearing, at the request and consent of the counsel on either side, the main writ petition in W.P. 19231 of 2008 itself was taken up for final disposal.4. In W.P. 19231 of 2008 the petitioners are the Margadarshi Financers and Sri Ramoji Rao, who sought for Writ of Mandamus to declare the impugned proceedings in G.O.Rt. No. 315 Law (LA & J. Home-'A2') Department dated 19-02-2007 issued by the State Government purportedly in exercise of powers under Sub-section (8) of Section 24 of Code of Criminal Procedure 1973 appointing the respondent No. 2 as a Spec...


Mar 20 2009

Harikishan Agarwal Vs. Govt. of A.P. Rep. by Its Secretary, Revenue De ...

Court: Andhra Pradesh

Decided on: Mar-20-2009

Reported in: 2009(3)ALT421

ORDERL. Narasimha Reddy, J.1. The petitioner feels aggrieved by the Memo, dated 13.10.2008, issued by the District Registrar, Moosapet, Hyderabad, the third respondent herein.2. The petitioner claims to have purchased Acs.18.00 of land in Survey Nos. 54/2 and 56/1 of Hafeezpet Village, Serilingampally Mandal, Ranga Reddy District, through documents, dated 14.04.1966 and 22.05.1967, from N. Veeraiah and others. In relation to the same property, one Smt. M.E. Prabhakar approached the third respondent, with a request to validate an agreement of sale, dated 27.12.1993. On collecting a sum of Rs. 2,47,500/-, vide challan, dated 11.10.2006, the third respondent issued proceedings, dated 11.10.2006, validating the document purporting to be under Sections 40, 19A and 18 of the Indian Stamp Act.3. The petitioner submitted a representation before the third respondent alleging that respondents 4 and 5 have played fraud upon him (the third respondent), inasmuch as even according to respondents 4 a...


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