Andhra Pradesh Court September 2009 Judgments
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Hindustan Petroleum Corporation Ltd. Rep. by Its General Manager and a ...
Court: Andhra Pradesh
Decided on: Sep-08-2009
Reported in: 2009(5)ALT762
D.S.R. Varma, J.1. Heard the learned Counsel appearing for the appellants as well as the learned Counsel appearing for the respondent.2. This Writ Appeal is directed against the order, dated 17.02.2009, passed by a learned single Judge, allowing Writ Petition No. 7235 of 2009.3. Appellants are the respondents and the respondent is writ petitioner in the writ petition.4. For the sake of convenience, the appellants and the respondent will be referred to as the Corporation and the writ petitioner, respectively.5. The Writ Petition was filed seeking writ of Mandamus declaring the proceedings dated 07.03.2008, terminating the licence as arbitrary, illegal and violative of principles of natural justice.6. The facts, which are not in dispute, are that the Corporation had conducted an inspection on 16.03.2007 at the outlet belonging to the writ petitioners, that it was routine inspection in which no lapses or any irregularities were found, that the next inspection, which is random in nature, w...
K.B.K. Rao Vs. Chairman and Managing Director, Shipping Corporation of ...
Court: Andhra Pradesh
Decided on: Sep-07-2009
Reported in: 2009(6)ALT130
ORDERG. Rohini, J.1. The petitioner herein was recruited as Immigration Clerk on 6.11.1975 in the office of the Shipping Corporation of India Limited, Mumbai, which is a Government of India Enterprise. Later he was promoted as Purser Officer.2. It is pleaded that while on-board the ship, the petitioner had an accidental fall in the bath-room on 28.5.2005 and sustained injury to the right hip joint which ultimately resulted shortening of his right leg. That apart, in the process of treatment which involved multiple major and minor operations the petitioner had developed chronic Osteomyelitis right hip psoas abscess/ Paravertebral abscess D8-D9/Potts diseases of spine D8-D9 and was declared permanently unfit for Sea service by the Medical Officer, Chennai on 27.8.2008. In the meanwhile, though the petitioner was paid by the Corporation the injury wages, after he was declared unfit for Sea service, by order dated 11.11.2008 the petitioner's services were terminated w.e.f. 27.8.2008. Howev...
Pendyala Sudha Rani Vs. Basava Janakiramayya and ors.
Court: Andhra Pradesh
Decided on: Sep-07-2009
Reported in: 2010(1)ALT222
ORDERL. Narasimha Reddy, J.1. Both the revisions are filed by the same petitioner and against the same respondent. Hence, they are disposed of through a common order. For the sake of convenience, the parties are referred to, as arrayed in C.R.P. No. 1458 of 2006.2. The father of the petitioner, by name, Ram Mohan Rao, owned Ac.3.50 cents of land in Penumalla Village of East-Godavari District. Out of that, he is said to have gifted an extent of 66 cents under a document dated 17-10-1989, and sold 84 cents, under a sale deed dated 23-10-1989, in favour of the petitioner. The respondent was said to be the tenant over the said Ac.1.50 cents of land, ever since 1985, and the tenancy was attorned to the petitioner, in the year 1989.3. The respondent filed A.T.C. No. 2 of 1995 before the Special Officer-cum-Principal Junior Civil Judge, Kakinada, against the petitioner and two others, for a declaration, that he is a cultivating tenant, in respect of the land, and for enforcement of his rights...
Karthik Service Station Reptd. by Sri Ambi Sambaraju S/O Yellaiah, Ind ...
Court: Andhra Pradesh
Decided on: Sep-03-2009
Reported in: 2009(6)ALT288
C.V. Nagarjuna Reddy, J.1. This Appeal under Clause 15 of the Letters Patent arises out of order, dated 10-7-2009, in Writ Petition No. 12588 of 2003, whereby the learned single Judge dismissed the Writ Petition filed by the appellant.2. The facts, which are necessary for disposal of this Writ Appeal, are summarized hereunder:The Andhra Pradesh Small Scale Industrial Development Corporation Limited (for short 'the APSSIDC') owned about 5071 square meters of land in Warangal, which is presently a Municipal Corporation. As some portions of the said land were in occupation of the encroachers, the APSSIDC offered to sell a part of the said land. The Indian Oil Corporation (for short 'the IOC') purchased the land at the rate of Rs. 3,230/- per square meter. The appellant established a retail outlet on the said land purchased by the IOC. The remaining land of 3,742 square meters was still available with the APSSIDC. The APSSIDC went into liquidation and respondent No. 1, the Official Liquida...
The Government of Andhra Pradesh Rep. by Its Principal Secretary, I an ...
Court: Andhra Pradesh
Decided on: Sep-03-2009
Reported in: 2010(1)ALT256
Vilas V. Afzulpurkar, J.1. This appeal is filed by the State of Andhra Pradesh and two others against the judgment and decree of the learned Chief Judge, City Civil Court, Hyderabad in O.S. No. 306 of 2008 dated 22.01.2009.2. The appellants, who are defendants in the suit, are aggrieved by the judgment and decree aforesaid whereunder the defendants were directed to pay to the plaintiffs the suit claim of Rs. 78,49,052/- within a period of 60 days from the date of judgment and in default to pay interest on the said sum at 6% per annum from 05.09.2007 till the date of realization. The parties are referred to herein as they are arrayed in the suit for the sake of convenience.3. The facts, in brief, are as follows:(a) The plaintiffs filed the aforesaid suit alleging that the second defendant acting on behalf of the first defendants entrusted three different works for excavation and formation Embankment at different stretches of kilometers of Kakatiya Canal under Sri Ram Sagar Project and d...
K. Rajasekhar Vs. Vice-chairman and Managing Director, Apsrtc and anr.
Court: Andhra Pradesh
Decided on: Sep-03-2009
Reported in: 2009(6)ALT194
ORDERG. Rohini, J.1. The petitioner herein is working as a Conductor with the respondent - A.P. State Road Transport Corporation. In the month of November, 2008, the Corporation issued a Notification for recruitment to the post of Traffic Supervisor (Trainee) and Mechanical Supervisors (Trainee). Having submitted his application to the post of Traffic Supervisor (Trainee) in Hyderabad Zone, the petitioner had appeared for the written test as well as the interview on 26.2.2009 as a Departmental candidate. The selection list was released on 28.2.2009 in which it was found that one P. Srinivasa Rao was selected to the post of Mechanical Supervisor (Trainee) under the Departmental quota. Similarly one M. Vijaya Kumar was selected to the post of Traffic Supervisor (Trainee) under Departmental quota in Hyderabad zone. However, subsequently the selection of M. Vijaya Kumar as Traffic Supervisor (Trainee) was cancelled having found that he was not a Departmental candidate. Challenging the same...
Sannidhi Krishna Murthy and anr. Vs. Ponipireddy Venkata Rao and ors.
Court: Andhra Pradesh
Decided on: Sep-03-2009
Reported in: 2009(6)ALT498
ORDERV.V.S. Rao, J.1. As a similar point is involved in these cases, they are being disposed of by this common order. The petitioner in C.R.P. No. 2529 of 2009 is the father of petitioner in C.R.P. No. 2530 of 2009. Father filed O.S. No. 382 of 1997 and obtained decree for payment of money against Sri Gulipalli Ganapathi Rao. He filed Execution Petition (EP) against Legal Representatives (LRs) of judgment debtor therein (respondents 2 to 5 herein). Similarly, son filed O.S. No. 384 of 1997 against Sri Gulipalli Ganapathi Rao and obtained decree for payment of money. He filed E.P. No. 204 of 2007. In the meanwhile, first respondent herein filed suit being O.S. No. 103 of 1998 and obtained decree against the same judgment debtor. In E.P. No. 406 of 2005, he got the properties attached, which were sold in Court auction. Therefore, father filed E.A. No. 307 of 2008 and son filed E.A. No. 306 of 2008 in E.P. No. 406 of 2005 in O.S. No. 103 of 1998 under Sections 73 and 151 of the Code of Ci...
Konidena Venkata Naga Durga Prasad Vs. the State of A.P.
Court: Andhra Pradesh
Decided on: Sep-03-2009
Reported in: 2010CriLJ692
R. Kantha Rao, J.1. The appellant (Kondidena Venkata Naga Durga Prasad @ Prasad) who is the sole accused before the VIII Additional Sessions Judge (Fast Track Court), Vijayawada is the appellant herein. He was tried for the charges under Sections 302, 451 and 380 of IPC and was convicted by the learned Additional Sessions Judge for all the charges.2. In respect of conviction for the offence under Section 302 of IPC, the, appellant was sentenced to undergo imprisonment for life. In respect of conviction for the offences under Sections 451 and 380 of IPC, he was further sentenced to undergo rigorous imprisonment for a period of two years and also to pay fine of Rs. 5,000/- under each count. All the sentences were directed to run concurrently.3. Challenging the said order of conviction and sentence, the appellant preferred this appeal.4. The prosecution case in a nutshell is as follows:On the intervening night of 10/11.06.2002 at about 1.30 a.m. LW-3 Gurkha (Dhan Bahadur) informed PW-1 (R...
Maganti Raja Babu Vs. Vijaya Bank Rep. by Its Branch Manager and ors.
Court: Andhra Pradesh
Decided on: Sep-02-2009
Reported in: 2010(1)ALT91
B. Prakash Rao, J.1. In this appeal filed under Section 96 of the Civil Procedure Code, the appellant who is defendant No. 2 in the Court below, seeks to assail the correctness of the judgment and decree dated 5.4.1999 in O.S. No. 10 of 1991 on the file of the III Additional Senior Civil Judge, Vijayawada, Krishna district decreeing the suit filed by the first respondent-Vijaya Bank for recovery of a sum of Rs. 5,27,227.24 Ps against the defendants 1 to 5/partners and so far as defendants 6 and 7 are concerned from the estate of late Koganti Kesava Rao, along with interest at 18 % per annum from the date of suit till the date of realization and costs.2. The brief version as can be made out from the pleadings in the Court below, is that in the suit, the case of the plaintiff was that it is a corporate body/a bank and the husband of the first defendant by name Mr Koganti Kesava Rao and defendants 1 to 3 constituted a firm viz., M/s. Sai Krishna Films, Gandhinagar, Vijayawada-3 and applie...
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