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Andhra Pradesh Court November 2010 Judgments

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Nov 15 2010

iilapuram Narayana S/O Chinna Bagappa and Another Vs. State of Andhra ...

Court: Andhra Pradesh

Decided on: Nov-15-2010

: 1. This Criminal Appeal is directed against the judgment dated 05.6.2002 passed in S.C.No.327 of 2002 on the file of III Additional District & Sessions Judge, Ranga Reddy District, at N.T.R.Nagar, whereby and whereunder, the learned Additional Sessions Judge found A-1-Iilapuram Narayana and A-2-Iilapuram Kistaiah guilty for the offence under Section 304-II IPC and convicted them accordingly and sentenced each of them to suffer RI for a period of five years. 2. The prosecution case, in brief, is : Iilauram Laxmaiah and Pw-1-Iilapuram Bakkaiah are brothers. A-1-Iilapuram Narayana and A-2-Iilapuram Kistaiah are nephews of Laxmaiah and Pw-1-Bakkaiah. They own fields nearby Edigone Bavi, which is a joint well. Power connection to the electric motor to pump water from the joint well for wetting their fields was obtained in the name of father of A-1. Expenses for installation of motor was shared by A-1, A-2, Laxmaiah and Pw-1. The motor went out of order. The accused got the motor repaired ...


Nov 12 2010

G.Vishnudevendramma and Another. Vs. G.Padmaja and Another.

Court: Andhra Pradesh

Decided on: Nov-12-2010

This appeal is filed by the respondents 1/grandmother and respondent No.3/minor against decree in O.P.No.823 of 2008 on the file of Family Court, Ranga Reddy District at L.B.Nagar, Hyderabad. Parties hereinafter be referred to as they are arrayed in the O.P. O.P.No.823 of 2008 was filed by the petitioner/mother of minor seeking custody of her son from respondent No.1/ the mother of the petitioner and maternal grandmother of the minor. The sister of the petitioner was also impleaded as respondent No.2 as she is also said to be staying with mother-respondent No.1. The minor child-respondent No.3 was born to the petitioner on 30th August, 1994 and was aged about 14 years on the date of filing of the said O.P. and is now aged about 16 years. The petitioner filed O.P.No.823 of 2008 seeking permanent custody of the minor, in the following circumstances as alleged in the petition. The petitioner claims that she was married to one Narayana Reddy on 5-12-1993 and after the petitioner left the c...


Nov 12 2010

Lanka Eswara Reddy and 25 Others. Vs. S.P.Tucker, Principal Secretary, ...

Court: Andhra Pradesh

Decided on: Nov-12-2010

ORDER: This Court passed a detailed interim order on 17.03.2009. In the light of the said order, the Government Pleader for Land Acquisition submitted that the amount of compensation payable to the petitioners has been deposited. To ascertain the said fact, Sri P.Sridhar Reddy, the learned counsel for the petitioners, sought time and submitted the calculation memos. In the light of the said calculation memos, this Court directed the Government Pleader for Land Acquisition to verify as to whether the said amounts deposited and the amounts claimed are the same. Pursuant thereto, the learned Government Pleader also submitted the calculation memos. However, a variance in the amounts is found when the Calculation memos filed by learned counsel for the petitioners are compared with the Calculation memos filed by the learned Government Pleader. Learned counsel for the petitioners submitted that there is no dispute with regard to the amount of compensation, amount of solatium and the amount o...


Nov 12 2010

Balija Raju Vs. N. Lakshmi Bai and Another.

Court: Andhra Pradesh

Decided on: Nov-12-2010

: This Civil Miscellaneous Appeal arises out of Award dated 19.2.2003 in M.V.O.P. No. 1114 of 2003 on the file the VI Additional District Judge-cum-Motor Accidents Claims Tribunal, (For short 'the Tribunal), Visakhapatnam. The appellant is the claimant in the O.P. before the Tribunal. While, the appellant along with another person was repairing the T.V.S. moped by the side of the road margin on 3.2.2001 at about 23.00 hours, a van bearing Registration No. AP 31 U 1492, coming from Narsipatnam and driven by its driver rashly, dashed the appellant and another person. The appellant has filed the O.P. claiming a sum of Rs.2.00 lakhs as compensation for the injuries sustained by him. Respondent No.1 is the owner and respondent No.2 is the insurer of the offending vehicle. The Tribunal has given a finding that the driver of the offending vehicle has driven the vehicle in a rash and negligent manner and was responsible for causing of the accident. The Tribunal has however, declined to award a...


Nov 11 2010

Cherukuri Parvathi Vs. P.S.G. Kumar and Another

Court: Andhra Pradesh

Decided on: Nov-11-2010

: This civil miscellaneous appeal arises out of award dated 21.02.2003 in O.P.No.193 of 1999 on the file of the I Additional District Judge-cum-Motor Accidents Claims Tribunal, Guntur (for short, "the Tribunal"). The claimant in the O.P., who felt dissatisfied with the quantum of compensation awarded by the Tribunal, filed this appeal. Since the quantum of compensation alone is in dispute, it is not necessary to refer to the manner in which the accident has occurred. It will suffice to note that on account of the accident involving the lorry belonging to respondent No.1 and insured with respondent No.2, the appellant has initially claimed compensation of Rs.2,00,000/-. However, on the ground that she has undergone as many as seven operations during the pendency of the O.P., she has enhanced her claim to Rs.3,25,000/- by way of an amendment. The Tribunal has, however, awarded a total compensation of Rs.30,000/- comprising Rs.20,000/- towards pain and suffering and permanent partial disa...


Nov 11 2010

Chicharapu Bangaramma and Others. Vs. Dokkadi Chinna and Others.

Court: Andhra Pradesh

Decided on: Nov-11-2010

: Feeling dissatisfied with the quantum of compensation awarded by the Motor Accidents Claims Tribunal (II Additional District Judge), East Godavari District, Rajahmundry (for short, "the Tribunal") the claimants in M.V.O.P.No.16 of 1999 has filed this appeal. I have heard Sri K.K. Kishore representing Sri N. Siva Reddy, learned counsel for the appellants and Sri G. Venkateswarlu representing Sri P. Ravi Shankar, learned counsel for respondent No.1 and 2. Despite service of notice, no one entered appearance for respondent No.3. For the death of one Chakra Rao in a motor accident involving lorry bearing registration No. ATP 2323 belonging to respondent No.2 and insured with respondent No.3, the appellants herein filed their claim petition claiming compensation of Rs.4,00,000/-. The Tribunal has awarded Rs.2,64,600/- after holding that the accident occurred on account of rash and negligent driving of the driver of the said lorry. At the hearing, the learned counsel for the appellants urg...


Nov 11 2010

R. Varalakshmi Vs. the Sub Collector, Vijayawada and Another.

Court: Andhra Pradesh

Decided on: Nov-11-2010

ORDER: 1.The writ petition is filed to declare the proceedings in Rc.A7/1781/2007, dated 14.7.2008 issued by the 1st respondent viz., Sub Collector, Vijayawada, Krishna District, temporarily suspending the authorization of the petitioner's Fair price shop pending further enquiry purportedly under Clause 5 (5) of A.P. State Public Distribution System (Control) Order, 2008 and 3 (4) of the Annexure appended to the said Control Order, as illegal and without jurisdiction. The petitioner is a Fair price shop dealer in respect of shop No:16 of Morsumilli village, Mylavaram Mandal, Krishna District. The said authorization was granted to her by orders in Rc.A/9095/93, dated 20.11.1995 of the Sub Collector, Vijayawada under the Control Order then in force viz., A.P. Scheduled Commodities (Regulation of Distribution by Card System) Order, 1973. Based on some undisclosed complaint that the husband of the petitioner viz., Ravi Nageswararao was working as a Driver in the A.P.S. R.T.C., (In short "C...


Nov 11 2010

M/S. Gmmco Limited, Plot No.59, Pandt Colony Vs. State of A.P. Rep by ...

Court: Andhra Pradesh

Decided on: Nov-11-2010

ORDER: This revision, under Section 22(1) of the APGST Act, 1957, is preferred against the order of the Sales Tax Appellate Tribunal in T.A. No.376 of 2006 dated 22.12.2006. Facts, to the extent relevant, are that the petitioner is an authorized dealer and service agent of Caterpillar Inc, USA, who are the manufacturers of earth moving equipment. For the year 2001-2002, the petitioner merely sold spare parts of earthmoving machinery, and not backhoe loader equipment. They filed their returns on the basis that the spares of earthmoving equipment fell under Entry 83 of the First Schedule to the APGST Act, and as taxable at the rate of 8%. On the sale of spares to M/s. Singareni Colleries Company Limited (SCCL), the petitioner claimed the benefit of concessional rate of tax of 4% against certificates in terms of G.O.Ms. No.694 dated 10.09.1998. The Commercial Tax Officer, by his assessment order dated 30.09.2004, levied tax on the spare parts at 8%. He also accepted the certificates issue...


Nov 10 2010

V. Chandrasekhara Naidu Vs. the State of A.P.

Court: Andhra Pradesh

Decided on: Nov-10-2010

ORDER: The petitioner prays for a Writ of Quo-warranto, vis--vis the rights of the 3rdrespondent to continue in the post of Public Information Officer (PIO) ofTirumala Tirupathi Devasthanam, Tirupathi. The relevant facts pleaded by himare, as under:The petitioner joined the service of the Devasthanam as an Attender, in the year1970. Thereafter, he acquired the promotions to the post of L.D.C., U.D.C.,Superintendent and Assistant Executive Officer, and retired from service on 31-08-2004. The Devasthanam issued notification on 28-07-2001, invitingapplications for selection and appointment of PIO. The petitioner also appliedfor it. The petitioner was selected and was appointed through orders dated16-02-2002. His appointment was challenged by the 3rd respondent and another,by filing W.P.No.3853 and 5233 of 2002. The writ petitions were allowed. Thejudgment in the writ petitions was confirmed in Writ Appeals, by a DivisionBench, and thereafter,by the Hon'ble Supreme Court in SLPs. As a resu...


Nov 09 2010

Bommidi Madhu Sudhanrao Vs. Kallapu Ramesh and Another

Court: Andhra Pradesh

Decided on: Nov-09-2010

ORDER: 1 Aggrieved by the order dated 16.10.2003 made in SR No.409 of 2002 by the learned II Additional Judicial Magistrate of I Class, Bhimavaram, whereby the learned Magistrate refused to take cognizance of the offences against the respondents 1 & 2 herein, the petitioner approached this court and filed the present revision. 2 Brief facts are that the petitioner filed a private complaint before the court below against the respondents herein for the alleged offences punishable under Section 138 of Negotiable Instruments Act and under section 420 of IPC. The court below referred the same to the police under section 156(3) of Cr.P.C. and the police after investigation referred the same as "Civil in Nature". In the light of the said reference, the petitioner again filed another private complaint against the respondents 1 & 2 for the very same offences and the same was numbered as SR No.409 of 2002. As stated supra, the same was rejected by the court below holding that the same is barred ...


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