Andhra Pradesh Court April 2009 Judgments

Bgr Energy Systems Limited, Formerly Gea Energy System (India) Limited ...

Court: Andhra Pradesh

Reported in: (2009)25VST391(AP)

Ramesh Ranganathan, J.1. The order of the assessing authority dated 31.1.2009 is under challenge in this writ petition, among others, for the reason that the show cause notices preceding it do not mention the basis on which the turnovers mentioned therein were sought to be taxed and that, as a result, the petitioner was denied an opportunity of effectively putting forward their defence thereagainst.2. Facts, to the extent relevant, are that the Assistant Commissioner (CT), Nellore Division issued notice dated 20.10.2008 proposing assessment for the period ending June, 2008 on the ground that the petitioner had failed to produce the requisite documents in time. A fresh notice dated 6.12.2008 was issued estimating the turnover at 100% of the works contract turnover, the gross and net turnover was fixed at Rs. 901.78 Crores and Rs. 766.51 Crores respectively and tax thereon, for a sum exceeding Rs. 95.81 Crores, was proposed to be levied. Thereafter, the petitioner furnished information. ...

Ch. Ravindra Babu Vs. State of A.P.

Court: Andhra Pradesh

Reported in: 2009CriLJ4620

ORDERB. Chandra Kumar, J.1. This Revision Case has been preferred by the Appellant in Crl.A. No. 77 of 2002 on the file of the III Additional Sessions Judge, Guntur.2. The trial Court, through the judgment, dated 15-2-2002 in C.C. No. 152 of 2001, convicted the petitioner herein for the offence under Section 304-A of IPC and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/-, in default to suffer simple imprisonment for six months. On Appeal, the learned III Additional Sessions Judge, Guntur, dismissed the Appeal, confirming the conviction and modifying the sentence to three months from one year and enhancing the fine amount from Rs. 500/- to Rs. 4,000/-, in default to suffer simple imprisonment for four months. Being aggrieved by the same, the petitioner preferred the present Revision Case.3. The graveman of the charge against the petitioner is that on 22-08-1999 at about 11-30 a.m., he had driven the tractor bearing No. AP 5T 7609 at L.N.S, Colony,...

The Regional Director, E.S.i. Corporation Vs. Kera Sinter Limited

Court: Andhra Pradesh

Reported in: [2009]150CompCas390(AP)

ORDERNooty Ramamohana Rao, J.1. This appeal has been preferred by the Regional Director of the ESI Corporation, Hyderabad questioning the validity of the notice of admission/rejection of proof of debt passed by the Official Liquidator in Form No. 69 on 30.9.2008, admitting a sum of Rs. 74,366.54 ps as an unsecured debt of M/s. Kera Sinter Limited towards the appellant corporation. The Official Liquidator rejected the rest of the claim in a sum of Rs. 69,863.46 ps.2. By an order dated 28.6.1999, this court answered the reference made by BIFR in RCC No. 9 of 1992 and ordered for winding up of M/s. Kera Sinter Limited. By virtue of the provisions contained under Section 449 of the Companies Act, the Official Liqudiator attached to this court became the liquidator of the said company. During the course of winding up proceedings of the company, by an order passed on 10.8.2005 made in CA No. 633 of 2005, this court permitted the Official Liquidator to invite claims from the creditors of the ...

Mohd. Ahmedullah Khan and anr. Vs. Joint Collector and ors.

Court: Andhra Pradesh

Reported in: 2009(3)ALT598

ORDERL. Narasimha Reddy, J.1. The petitioners approached the Revenue Divisional Officer (Inams Tribunal), Hyderabad Division, with a request to grant Occupancy Right Certificate (O.R.C) in respect of the land admeasuring Ac. 10.5 guntas, in Sy. No. 32 of Asifnagar Revenue Village and Mandal, Hyderabad. Through the proc L-.rngs dated 30-7-2003, the Revenue Divisional Officer granted O.R.C in favour of the petitioners, under the A.P (Telangana Area) Abolition of Inams Act, 1955 (for short 'the Act'). Feeling aggrieved by the same. Mohd. Azam Khan, the 2nd respondent herein, filed an appeal under Section 24 of the Act, before the Joint Collector, Hyderabad District, the 1st respondent herein. Respondents 3, 4 and 5 herein got themselves impleaded in the appeal. However, the 2nd respondent has filed a petition, on 23-4-2005, proposing to withdraw the appeal, on the ground that a settlement has been arrived at, between him and his opponents. He prayed for the dismissal of the appeal, as not...

G. Chakrapani Vs. Govt. of A.P. Rep. by Its Secretary, Revenue Dept. a ...

Court: Andhra Pradesh

Reported in: 2009(5)ALT139

ORDERV. Eswaraiah, J.1. Heard the learned Counsel for the petitioner and the learned Counsel for the respondents.2. It is the case of the petitioner that he was initially appointed as Junior Assistant in the month of August, 1965 in the Registration Department, thereafter he was promoted as Senior Assistant in the year 1980 and as Sub Registrar in the year 1985. The date of birth of the petitioner was entered in the school record as well as in the Service Record as 01.08.1941. However, after completing 16 years of service and that, too, after getting two promotions, the petitioner made applications to the Director of School Education on 28.3.1981 and on 4.12.1995 stating that he has studied in Government Upper Primary School, Hanumkonda and though his date of birth was noted in the Admission Form as 1.8.1945, his date of birth was entered in the admission register vide its No. 2524 as 1.8.1941. The Director of School Education called for remarks from the District Educational Officer, W...

A. Lakshmi Devi and ors. Vs. C. Sudhakar Reddy

Court: Andhra Pradesh

Reported in: 2009(5)ALT655

ORDERP.S. Narayana, J.1. These Civil Revision Petitions are filed by the unsuccessful petitioners/defendants being aggrieved of the orders made in I.A. No. 1446/2008 and I.A. No. 1447/2008 in O.S. No. 531/2007 on the file of Senior Civil Judge, Kurnool.2. The petitioners filed I.A. No. 1446/2008 under Section 151 of the Code of Civil Procedure (hereinafter in short referred to as 'Code' for the purpose of convenience) to reopen the plaintiff's evidence and to recall P.W.1 to P.W.3 for further cross-examination. Likewise, I.A. No. 1447/2008 was filed by the petitioners/defendants to recall P.W.1 to P.W.3 for further cross-examination. The learned Principal Senior Civil Judge, Kurnool after referring to the respective stands taken by the parties in brief, formulated the following Point for consideration at para-3 : Whether the petitioners made out a case to reopen plaintiff's side to recall P.W.1 to P.W.3 for further cross-examination?. The learned Judge recorded certain reasons at para-...

Dr. T. Dasaradha Rama Reddy Vs. P. Ramesh Babu and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

D. Appa Rao, President: Oral: 1. A case of medical negligence. 2. Aggrieved by the order of the Dist. Forum awarding Rs. 15,000 towards expenses and Rs. 10,000 towards compensation, a surgeon the appellant/R2 preferred this appeal. 3. The case of the complainant in short is that he is a police constable working in Afzulgunj Police Station. While so on 13.3.2004 when he was on duty he met with an accident at about 9.00 p.m., wherein he sustained dislocation of Proximal Inter Phalangeal joint middle and ring finger (PIP). He was admitted in R2 Yashoda Super Speciality Hospital, Somajiguda. The appellant, an orthopaedic surgeon conducted the operation on 14.3.2004 and was discharged on 19.3.2004. The X-ray revealed that the joint of middle finger was not united properly. When he complained that movement of middle finger was not normal even after removal of K.A. wire which was fixed at the time of operation, the appellant assured that it would become normal. He advised physiotherapy. In sp...

Yasa Padma Vs. Lic of India and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

R. Laxminarsimha Rao, Member: Oral: 1. This appeal is filed against the order of District Forum Nalgonda in C.D. No. 71 of 2004. 2. The factual matrix that led to filing of this appeal is that the husband of the appellant during his life-time obtained insurance policy on 28.2.2000 from the respondent No. 1 for a sum assured Rs. 25,000 with accident benefit and the policy was issued for the period from 28.2.2000 to 28.2.2019. The husband of the appellant died on 16.2.2001 and she requested the respondents to pay the amount with benefits under the insurance policy. When the respondents failed to pay the said amount, the appellant had approached the District Forum by filing C.D. No. 65 of 2002 claiming the benefits conferred by the insurance policy. The District Forum dismissed the complaint giving opportunity to the appellant to lodge claim with the respondents. The appellant had lodged her claim along with the documents; death certificate, policy bond and claim forms A, C. The responden...

Kpraganji Chinnamanaidu (Died) and ors. Vs. Basavarsu Rambai (Died) an ...

Court: Andhra Pradesh

Reported in: 2009(3)ALT520

ORDERVilas V. Afzulpurkar, J.1. This revision is preferred by the tenants questioning the order passed by the Special Officer under the Andhra Pradesh (Andhra Area) Tenancy Act, 1956 (for short 'the Act') in ATC. No. 3 of 1983 dated 12.07.1991 as confirmed in Tenancy Appeal being ATA. No. 2 of 1991 by the District Judge, Vizianagaram, dated 25.04.1996. The subject matter of the aforesaid ATC is dry land situated in Patta No. 2313 of Sy. No. 52/1 of Gollalavalasa Village, comprising of various items 1 to 13 on various extents.2. I have heard Sri K.V. Subrahamanya Narusu, learned Counsel for the petitioners, who has very strenuously and meticulously, as usual, raised several questions on law in support of the revision. Learned Counsel for the respondents, Sri E. Srinivas, has also made elaborate submissions with reference to the facts of the case to contend that the said questions of law do not arise on the facts of the case.3. In order to appreciate the rival contentions it is necessary...

Poloji Veeraiah S/O Ramaiah Vs. the Returning Officer

Court: Andhra Pradesh

Reported in: 2009(3)ALT600

ORDER1. The petitioner filed his nomination on 30.03.2009 seeking to contest in the ensuing General Legislative Assembly Elections as an independent candidate from 110-Pinapaka (ST) Assembly-Constituency, Khammam District. He filed an attested copy of his caste certificate bearing L.Dis. No. B3/2484/84 dated 18.09.1984 issued by the Tahsildar, Manuguru indicating that he belonged to Koya Community, a Scheduled Tribe. It is stated that at the time of scrutiny of the nomination, the Returning Officer of the Constituency asked him to submit the latest Caste Certificate, whereupon the petitioner claims to have produced the original of the Caste Certificate dated 18.09.1984 along with certificates issued by various educational institutions certifying his community. It is further stated that the petitioner informed the Returning Officer that the Caste Certificate issued in the year 1984 had not been cancelled and continued to be in force.2. Notwithstanding the same, the Returning Officer by ...