Andhra Pradesh Court April 2009 Judgments
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Polam Chenna Reddy Vs. the Industrial Tribunal-cum-Labour Court rep. b ...
Court: Andhra Pradesh
Decided on: Apr-18-2009
Reported in: 2009(5)ALT170
ORDERC.V. Nagarjuna Reddy, J.1. This writ petition is filed for a writ of Certiorari to quash award dated 21-02-2007 in I.D. No. 86 of 2005 and published on 03-07-2007 on the file of respondent No. 1 to the extent of denying continuity of service, back wages and other consequential benefits to the petitioner.2. The petitioner is a conductor of respondent No. 2-Corporation. While he was conducting service on route Parkal-Hanamkonda-Godavarikhani on 27-12-2002, a check was exercised by the checking officials at Stage No. 15/17 leading to issuance of charge sheet, against the petitioner, with the following charges:1. For having collected Rs. 21/- from a passenger and issued the tickets bearing No. 131/541666 of Rs. 40-00 E.1 and 307/190015 of Rs. 7/- deno. E.1 (total Rs. 47/-) who boarded the bus at Parkal and bound for Garapally Ex-stages 7 to 17/27, these tickets are already issued/sold and accounted on the Stage No. 1 at 5.00 a.m vide S.R. No. 8509052 these tickets are reissued, which ...
Dr. D. Bharathi Vs. State of Andhra Pradesh Rep. by Its Principal Secr ...
Court: Andhra Pradesh
Decided on: Apr-18-2009
Reported in: 2009(3)ALT209
ORDERGoda Raghuram, J.1. The sequence of relevant facts:The petitioner lodged a private complaint against the respondents 6 to 8 and others before the X Metropolitan Magistrate, Secunderabad. The complaint was forwarded to the Gopalapuram Police Station, Secunderabad, on 21.10.2001. The complaint was registered as Cr. No. 263 of 2001 Under Sections 420, 463, 465 r/w 34 IPC and investigation taken up. The Gopalapuram P.S forwarded the final report and laid a chargesheet. The investigation revealed that the six accused (including A.1 to A.3, the respondents 6 to 8 herein) committed offences punishable Under Sections 139, 468, 471, 406 and 420 r/w 34 IPC. On the filing of the chargesheet the case was numbered as CC No. 773/03 on the file of the X Metropolitan Magistrate, Secunderabad. The case is pending trial on the file of the II Additional Metropolitan Magistrate, Criminal Courts, Nampally, as CC No. 387/06 (after transfer ordered by the Metropolitan Sessions Judge, in Crl.Tr.M.P. No. ...
Mahalingappa S/O Hanumanthappa and ors. Vs. Kariyanna S/O Hanumanthapp ...
Court: Andhra Pradesh
Decided on: Apr-18-2009
Reported in: 2009(4)ALT564
G. Rohini, J.1. The petitioners herein are the defendants in O.S. No. 205 of 1999 on the file of the Court of the Junior Civil Judge, Madakasira. The said suit was filed by the respondent herein for partition of the suit schedule property and for separate possession of his 1/4th share and other consequential reliefs. The Revision petitioners/defendants contested the suit and during the course of evidence D.W.I was examined on their behalf. An affidavit of D.W.I in lieu of chief examination was filed and thereafter he was also cross-examined by the counsel for plaintiff in part on 19.7.2007 during which Ex.A-3 document was marked. However, D.W.I failed to appear for further cross-examination and consequently by order dated 17.8.2007 his evidence was eschewed.2. Subsequently the plaintiff filed I.A. No. 625 of 2007 under Section 151 of C.P.C. to set aside the order dated 17.8.2007 stating that no sufficient reasons could be shown for non-production of D.W.I for further cross-examination....
P. Nagur Sahib and anr. Vs. Joint Collector and ors.
Court: Andhra Pradesh
Decided on: Apr-18-2009
Reported in: 2009(15)ALT561
ORDERL. Narasimha Reddy, J.1. The petitioners state that they have been assigned Ac.4.50 cents of land each, in Sy. No. 288 of Savikattepalle Village, S.A.K.N. Mandal, Kadapa District, on 04-12-1987. It is stated that they are cultivating the land ever since the date of assignment. The Revenue Divisional Officer, the 2nd respondent herein, cancelled the pattas of the petitioners vide proceedings dated 30-07-2005. The petitioners filed W.P. No. 18920 of 2005. The writ petition was allowed on 12-09-2005, and the matter was remitted to the Joint Collector, Kadapa, the 1st respondent herein, for fresh consideration and disposal.2. The 1st respondent called for the report from the Tahsildar, the 3rd respondent; issued notice to the petitioners, and through proceedings dated 05-12-2007 cancelled the pattas granted in favour of the petitioners, and directed resumption of the land. The said order is challenged in this writ petition.3. The petitioners contend that the findings recorded by the 1...
Mutyala Sri Ranga Rama Srinivas, Secretary-com-correspondent, Sri Kris ...
Court: Andhra Pradesh
Decided on: Apr-18-2009
Reported in: 2009(5)ALT288
ORDERP.S. Narayana, J.1. C.R.P.M.P. No. 927 of 2009 is filed by the respondent to vacate the order of status quo, dated 27.01.2009, granted in C.R.P.M.P. No. 7366 of 2008 in C.R.P. No. 5530 of 2008.2. Likewise, the respondent filed C.R.P.M.P. No. 929 of 2009 to vacate the order of status quo, dated 27.01.2009, granted in C.R.P.M.P. No. 7376 of 2008 in C.R.P. No. 5537 of 2008.3. When these vacate applications were taken up for hearing, the counsel representing the parties made submissions at length in both the civil revision petitions and also further made a request for final disposal of the civil revision petitions themselves. Hence, these civil revision petitions are being disposed of finally by this Court.4. Sri A.V. Sesha Sai, learned Counsel representing the revision petitioner in both the civil revision petitions had taken this Court through the common order made by the learned Principal District Judge, West Godavari District at Eluru, and would maintain that the learned Judge tot...
Venkatarayanakota Krishnappa Raghavendra and Buvanahalli Muniyappa Nag ...
Court: Andhra Pradesh
Decided on: Apr-17-2009
Reported in: 2009CriLJ3168
ORDERA. Gopal Reddy, J.1. The following question of law referred to for an authoritative pronouncement by the Division Bench. Whether the charge sheet, which was filed within 90 days, but was returned for compliance of certain technical objections of not filing the scientific expert's opinion, is a proper compliance under Section 173 Cr.P.C. and whether the same confer any right on the accused to seek bail as a matter of right, as required under Section 167 Cr.P.C.2. The incontrovertible facts that led to reference are that on registering Cr. No. 94 of 2008on the file of PS T.Sundupalli on 28-09-2008 under Section 174 of the Code of Criminal Procedure (for short 'Cr.P.C.')altered to Sections 302, 376, 379, 201 IPC and Sections 25(1)(b) and 27 of Arms Act petitioners/accused 1 and 2 were arrested on 30-10-2008 and remanded to judicial custody on 31-10-2008. Charge sheet was filed before the Additional Judicial Magistrate of First Class, Rayachoty on 29-01-2009 with a list of witnesses n...
S. Gangadhar Goud Vs. Chikkela Laxman and ors.
Court: Andhra Pradesh
Decided on: Apr-17-2009
Reported in: 2009(3)ALT498
L. Narasimha Reddy, J.1. Election to the Jankampet Gram Panchayat of Nizambad District was held in the year 2006. The petitioner and respondents 1 to 4 filed nominations for the office of Sarpanch. The petitioner was declared elected. The 1st respondent filed O.P. No. 2 of 2006 before the Election Tribunal-cum-Junior Civil Judge, Bodhan, challenging the election of the petitioner, on the ground that the latter incurred disqualification under Section 19(3) of the A.P. Panchayat Raj Act (for short 'the Panchayat Raj Act'). It was alleged that the petitioner gave birth to third child on 26-03-1997, and thereby incurred disqualification. It was also mentioned that on an earlier occasion the petitioner filed nomination for the office of Mandal Parishad Territorial Constituency (MPTC), and on an objection raised by the 1st respondent, the nomination of the petitioner was rejected, on the ground that he incurred disqualification under Section 19(3) of the Panchayat Raj Act. He pleaded that th...
Bharat Tubes and Tins Printers a Partnership Firm Rep. by Its Partner ...
Court: Andhra Pradesh
Decided on: Apr-17-2009
Reported in: 2009(4)ALT176
B. Prakash Rao, J.1. The plaintiff who is unsuccessful, is the appellant in this appeal which is sought to be filed against the judgment and decree in O.S. No. 177 of 2000, dated 30-8-2007 on the file of the IX Additional Chief Judge (Fast Track Court), City Civil Court, Hyderabad in dismissing the suit filed by him seeking for declaration as against the document in question namely the alleged deposit of title deeds dated 24-11-1982 as illegal, void and unenforceable and for a permanent injunction restraining the 1st defendant-1st respondent namely the Andhra Pradesh State Financial Corporation Ltd., from interfering with possession and enjoyment over the suit schedule property and for further direction against the defendant No. 1 to pay a sum of Rs. 12,00,000/- with interest at 24% per annum from 9-8-1999 till the date of realization and the costs.2. Heard Sri D. Prakash Reddy, learned Senior Counsel appearing for the appellant and Sri Challa Sitaramaiah, learned Senior Counsel appear...
United India Insurance Company Limited and anr. Vs. Tallapalli RubeIn ...
Court: Andhra Pradesh
Decided on: Apr-17-2009
Reported in: 2009(15)ALT428
R. Kantha Rao, J.1. M.A.C.M.A. No. 3353 of 2005 arises out of O.P. No. 898 of 2003, M.A.C.M.A. No. 153 of 2006 arises out of O.P. No. 897 of 2003 and M.A.C.M.A. No. 268 of 2006 arises out of O.P. No. 902 of 2003.2. The learned Tribunal viz. Motor Accidents Claims Tribunal-cum-II Additional District Judge, at Warangal disposed of all the aforesaid original petitions by its common order, dated 02-07-2005. The father filed O.P. No. 897 of 2003 (M.A.C.M.A. No. 153 of 2006) and O.P. No. 902 of 2003 (M.A.C.M.A. No. 268 of 2006) claiming compensation of Rs. 6 lakhs on account of death of his two daughters in a motor accident. The husband along with his children filed O.P. No. 898 of 2003 (M.A.C.M.A. No. 3353 of 2005) Claiming compensation of Rs. 5 lakhs on account of death of his wife in a motor vehicle accident.3. As against the common award passed by the Tribunal, the appellants/United India Insurance Company filed the aforesaid three appeals questioning the quantum of compensation on the g...
Smt. K. Padmasree Vs. Lotus Aluminium Private Limited
Court: Andhra Pradesh
Decided on: Apr-15-2009
Reported in: [2009]151CompCas51(AP)
ORDERNooty Ramamohana Rao, J.1. This Petition has been moved in terms of Sections 433, 434 and 439 of the Companies Act, 1956, seeking for winding up of M/s. Lotus Aluminium Private Limited and for appointing the Official Liquidator as its Liquidator.2. The Respondent Company was incorporated under the Provisions of the Indian Companies Act, on 14-10-1999 with it's registered office at Secunderabad, Andhra Pradesh. It was established for carrying on business of manufacture, import or for otherwise dealing with Aluminium, Brass, Copper and all non-ferrous metals and their alloys. The authorized share capital of the Company was Rs. 5.00 lacs and the issued, subscribed and paid up share capital as of 31-03-2003, was standing at Rs. 1.00 lac. However, more than Rs. 82.88 lacs is shown as received against allotment of shares. The Petitioner has asserted that at the request of the Respondent Company, between September 1999 to March 2002 she paid a sum of Rs. 3,57,000/- on various dates, thro...
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