Andhra Pradesh Court September 2009 Judgments

Mr.Nimmla Anjaiah Vs. Icici Bank Ltd and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral Order (Per Honble Sri Justice D. Appa Rao, President) The learned counsel for the complainant filed a memo stating that the matter has been settled out of court and requests the court to dismiss the complaint as settled out of court. In the circumstances, the complaint is dismissed as settled out of court. No costs....

Gandipally Srinivas Vs. the State of A.P. Rep. by Public Prosecutor, H ...

Court: Andhra Pradesh

Reported in: 2010CriLJ682

B. Chandra Kumar, J.1. This revision case is filed challenging the judgment dated 22.12.2004 passed in Criminal Appeal No. 60 of 2002 by the learned Sessions Judge, Karimnagar, confirming the judgment dated 01.04.2002 passed by the learned Additional Judicial Magistrate of First Class, Karimnagar, in C.C. No. 1115 of 1999, whereby and where under the revision petitioner/accused was convicted for the offence punishable under Section 304A IPC and sentenced to undergo R.I for a period of two years and to pay a fine of Rs. 2000/-, in default to undergo S.I for two months. In the appeal, though conviction was confirmed, however the sentence of two years rigorous imprisonment was reduced to one year but imposition of fine amount of Rs. 2000/- was confirmed.2. The petitioner will be referred as accused hereinafter. The brief facts of the case are as follows. The deceased Thota Thirupathi, aged about 18 years, was a resident of Maruthinagar, Karimnagar. A Ganesh idol was installed near Hanuman...

Battula Veeraswamy Vs. the Regional Provident Fund Commissioner and or ...

Court: Andhra Pradesh

Reported in: 2009(6)ALT464

ORDERNooty Ramamohana Rao, J.1. This writ petition has been instituted essentially for securing the benefit of coverage under the Employees Pension Scheme, 1995 framed under the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (for short `the Act'). The material facts which are necessary for deciding the controversy in the writ petition are thus:2. The writ petitioner initially joined the services of Accounts Department on 6.11.1959. While he was working as a Section Officer (Accounts), he came on deputation to Mishra Dhatu Nigam Ltd, Hyderabad, a Government of India Undertaking (hereinafter referred to as `Midhani') on 27.1.1995. He came to be permanently absorbed later on in the service of Midhani with effect from 1.8.1976. The Deputy Controller General of Defence Accounts (AN) conveyed through his proceedings No. 29011(85)/74/AN/E, dated 18.1.1977 the sanction of the President to the permanent absorption of the writ petitioner in Midhani. It was made clear in the said...

Sravan Dall Mill P. Limited Rep. by Its Managing Director Vs. Central ...

Court: Andhra Pradesh

Reported in: AIR2010AP35; 2010(1)ALT321

ORDERVilas V. Afzulpurkar, J.1. This writ petition is filed questioning the action of the first respondent bank in issuing notice dated 14.06.2006 under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, (Act 54 of 2002), hereinafter called 'the SARFAESI Act'.2. In normal course we would not have entertained this writ petition inasmuch as no measures under Section 13(4) of the SARFAESI Act have been taken by the first respondent bank but we have heard the writ petition at length after permitting the respondent to file a counter affidavit in view of the fact that the petitioner questions the classification of its account, by the first respondent bank, as a Non-Performing Asset (NPA). The foundation of the writ petition and the basic contention of the petitioner, therefore, is that the declaration of the petitioner's account as NPA is not justifiable and consequently the jurisdictional fact necessary for invocation of Sect...

V. Hanya Naik and ors. Vs. M. Krishna Reddy and ors.

Court: Andhra Pradesh

Reported in: 2009(6)ALT221

ORDERL. Narasimha Reddy, J.1. In the recent past, the prices of land in and around the city of Hyderabad have increased in geometrical proportions. The unprecedented growth has naturally brought along with it, litigation of peculiar nature, divorced from settled principles of law. This tendency is more acute in various Courts in Ranga Reddy District. The case on hand presents an illustration.2. The petitioners filed O.S. No. 150 of 2007 in the Court of Junior Civil Judge, Parigi, Ranga Reddy District, with a prayer to declare that, they are the surviving legal heirs of late, V. Rashya Naik, alias Rasiya, s/o. Puriya, @ Ponia Lambada. No one was impleaded as defendant, and it was filed against 'all concerned'. The suit was decreed on 17-03-2008.3. Respondents 2 and 3 herein filed I.A. No. 222 of 2008 with a prayer to implead them as defendants in the suit. I.A. No. 223 of 2008 was filed under Order 9 Rule 13 C.P.C., with a prayer to set aside the ex parte decree dated 17-03-2008. Since ...

Rani Kamala Devi Vs. Commissioner of Survey, Settlements and Land Reco ...

Court: Andhra Pradesh

Reported in: 2009(6)ALT533

ORDERT. Meena Kumari, J.1. Heard both the counsel.2. As the parties are common and the subject matter is related, both the writ petitions are being disposed of by this common order.3. The petitioner in both the writ petitions is one Smt. Rani Kamala Devi.4. W.P. No. 21487 of 2000 is filed aggrieved by the common order passed by the Commissioner, Survey, Settlements and Land Records, Andhra Pradesh (for short 'the Commissioner') in the revision filed by the Tahsildar, Visakhapatnam in CSS & LR's Case Nos (1) P1/855/90 and P1/880/90 dated 31.1.1998. The dispute in this writ petition pertains to grant of Ground Rent Patta in the year 1958 in favour of the petitioner by the Assistant settlement Officer, Anakapalli, relating to Acs.2-97 cents in T.S. No. 971/1, Acs.9.77 in T.S. No. 971/2 and Acs.38.89 in T.S. No. 11/97 of Waltair Ward (Dibbapalem Village) of Visakhapatnam Municipality.5. W.P. No. 21493 of 2000 is filed aggrieved by the order dated 31.01.1998 in Case No. P1/896/86 passed by ...

Visakhapatnam Urban Development Authority and anr. Vs. Smt. Rani Kamal ...

Court: Andhra Pradesh

Reported in: 2010(1)ALT168

T. Meena Kumari, J.1. Heard both the counsel.2. Since both the appeals arise out of the same judgment passed by the learned single Judge in W.P. No. 2151 of 1988 dated 26.08.1998, they are being disposed of by this common judgment.3. By the impugned order, the learned single Judge quashed the award passed by the Land Acquisition Officer under Section 11 of The Land Acquisition Act, 1894, (for short 'the Act') on the ground that it was not passed within two years from the date of publication of the declaration or at least within two years from the date of commencement of the Land Acquisition (Amendment) Act, 1984, under Section 11-A of the Act and directed for issuance of the fresh Section 4(1) notification and further directed that the date of notification shall be taken as 24.9.1986, since on the said date, the earlier acquisition proceedings stood lapsed by operation of law.4. Aggrieved by the quashing of the award, the respondents in the writ petition - the Visakhapatnam Urban Devel...

Union of India (Uoi) Rep. by the Director General, Department of Posts ...

Court: Andhra Pradesh

Reported in: 2009(5)ALT769

ORDERVilas V. Afzulpurkar, J.1. This writ petition is filed by the Union of India questioning the order of the Central Administrative Tribunal in O.A. No. 383 of 2007 dated 15.07.2008.2. The facts, in brief, are that the respondent herein was originally appointed to the ED cadre and was promoted to the cadre of Postal Assistant on 13.10.1988. He was confirmed in the said post in June 2000. After he passed 3 years diploma course and qualified himself with the AMIE (Civil Degree), the applicant was selected to officiate as Junior Engineer (Civil) on deputation with effect from 09.02.2001. The respondent submitted number of representations requesting the authorities to conduct departmental examinations. But, however, the examinations were not conducted. Ultimately, while the respondent continued to work as Junior Engineer on deputation, a notification, dated 18.04.2007, for filling up of a large number of vacancies i.e. 65 posts was issued by the 1st petitioner herein. The said notificati...

B. Ramulamma and ors. Vs. Venkatesh, Bus Union, Rep. by A.M. Velu Muda ...

Court: Andhra Pradesh

Reported in: 2009(6)ALT784

B. Chandra Kumar, J.1. Since both the Appeals arise out of the same accident and common order, dated 05-01-2004 in O.P. Nos. 595 and 300 of 2006 on the file of the Motor Accidents Claims Tribunal-cum-Additional District Judge, Mahabubnagar, respectively, they are being disposed of by this common Judgment.2. For the sake of convenience, the parties will be referred to as they are arrayed in the Tribunal.Sixteen students including both the deceased were proceeding on eight motor cycles on a holiday trip. The deceased G. Prashanth Reddy and B. Ravi Kumar, both aged about 21 years, were proceeding on a motor cycle bearing No. AP 04/6504 on 01-05-1995 from Tumkur, Karnataka State, to Kemmanannagundi. The deceased Prashanth Reddy was driving the said motor cycle and the deceased Ravi Kumar was the pillion rider. When they reached Guddadapalaym gate and proceeding along with the left side of the national highway at about 3-15 p.m., the tourist bus bearing No. KA 03/5252, owned by the first re...

Mothukur and Velgodu Villages Mosques, Rep., by Its Muthavallia, Parve ...

Court: Andhra Pradesh

Reported in: 2009(6)ALT559

C.V. Nagarjuna Reddy, J.1. This batch of Writ Appeals arise out of common order dated 9-6-2000 in Writ Petition Nos. 1615, 2176 and 3521 of 1997 passed by the learned single Judge.2. While Writ Appeal Nos. 1380, 1381 of 2000 and 78 of 2002 have been filed by the Muthukur and Veligodu Villages Mosques, (for short 'the Mosques'), represented by their Mutawalli; Writ Appeal No. 1485 of 2000 has been filed by the petitioners in Writ Petition No. 2176 of 1997.3. For convenience, the parties are referred to as they are arrayed in the Writ Petitions.4. The facts are briefly summarized hereunder:Certain properties, which belong to the Mosques have been in occupation of the petitioners. Proceedings were initiated under the provisions of Section 36-B of the Wakf Act, 1954 (for short 'the Act') by the Secretary of A.P. State Wakf Board, Hyderabad (for short 'the Board'), by giving requisition to the District Collector, Kurnool, for passing orders of recovery and delivery of possession of the said...