Andhra Pradesh Court December 2010 Judgments
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Arasavalli Tejaswari Vs. Arasavalli Gopala Rao
Court: Andhra Pradesh
Decided on: Dec-31-2010
:ORDER: 1.This civil revision petition arises out of the order dated 29.10.2009 passed in I.A.No.586 of 2009 in O.S.No.214 of 2008 on the file of the learned Additional Senior Civil Judge, Srikakulam. 2. The petitioner is the plaintiff in the suit. She filed O.S.No.214 of 2008 against the respondent, who is none other than her father, for recovery of Rs.2,00,000/- towards expenses for her marriage. During the pendency of the suit, the petitioner's marriage was performed. Therefore, she has filed the above noted I.A. for amendment of the plaint by inserting the necessary pleadings pertaining to performance of marriage and incurring of expenditure. She has also sought for amendment to the extent of quantum of amount to be recovered from the respondent by substituting the sum of Rs.2,00,000/- originally claimed with Rs.2,50,000/-. This application was dismissed by the learned Additional Senior Civil Judge, Srikakulam, on the grounds that the petitioner failed to place any material in supp...
Smt.Suraneni Lakshmi Vs. B.Venkata Durga Rao and Another
Court: Andhra Pradesh
Decided on: Dec-31-2010
:: 1. The wife of the deceased-first plaintiff who is the second plaintiff in O.S.No.191 of 1986 on the file of the court of Senior Civil Judge, Nuzvid, is the appellant herein. The suit was filed by the deceased-first plaintiff for declaration of his title to "A" &"B" schedule properties claiming that he has acquired those properties at different times from his earnings and also from the sale proceeds of the joint family lands. The allegations were made in the plaint that his second sister's daughter was married to him in 1974 and sold away his ancestral house at Borragudem in 1975 and shifted his family to Chandragudem by the end of 1975-1976; he discontinued his self-cultivation and had leased out the properties to several persons. According to the plaintiff, apart from the leases given to others, in May 1976 the plaintiff leased out item Nos.6 to 8 of plaint "B" schedule properties to the second defendant on an annual lease of Rs.750/- for a period of two(2) years and the second de...
Flemingo (Dfs) Private Limited Vs. the Commissioner of Customs
Court: Andhra Pradesh
Decided on: Dec-30-2010
:ORDER:The petitioner is in the business of running duty free shops 'Flemingo' at airports and seaports. This writ petition is filed assailing the Order-in- Original (O-in-O) No.03/2010, dated 30.09.2010, (dispatched on 07.10.2010) of the respondent. By the said impugned O-in-O, the respondent in exercise of powers under various provisions of the Customs Act, 1962 ordered confiscation of sale proceeds of duty free goods diverted to local markets, imposed penalty and ordered cancellation of Private Bonded Warehouse licence (the licence, for brevity). The petitioner had obtained licence dated 10.09.2005 under Section 58(1) of the Customs Act issued by the Assistant Commissioner of Customs (Bonds), Visakhapatnam. The officers of revenue intelligence of customs house gathered information with regard to misuse of licence and improper/ unauthorized removal and sale of goods in the local market in the guise of sales to crew members of foreign going vessels. On 22.01.2008, the merchant vessel ...
K. Bharath Vs. the Collector (Civil Supplies), Chittoor and Others
Court: Andhra Pradesh
Decided on: Dec-30-2010
:ORDER: 1. This writ petition is filed for a Mandamus to set aside the order dated 10.02.2010 of respondent No.3 as confirmed in orders dated 30.04.2010 and 28.09.2010 of respondent Nos.2 and 1 respectively. 2. The petitioner is working as a temporary fair price shop dealer. On the basis of inspection of his shop by the Mandal Revenue Inspector, the following five charges were framed against him, vide show-cause notice dated 02.01.2010: "Charge-1: That the F.P. Shop dealer is not having any appointment order as F.P. Shop dealer of F.P. Shop No.05 of Chittoor Town and running un-authorizedly and thus contravened clause 22(vii) of the A.P. State PDS Control Order 2008. Charge-2: That the F.P. Shop dealer is a student and the shop is run by his family members and thus contravened clause 22 (vii) of the A.P. State PDS Control Order 2008. Charge-3: That the F.P. Shop dealer that there is a variation of 22 Kgs of rice as per stock on ground and per stock register (i.e., as per stock register...
Smt. Nune Varalakshmi Vs. the Joint Collector, Kadapa and Others
Court: Andhra Pradesh
Decided on: Dec-30-2010
:ORDER: 1.This writ petition is filed by the petitioner feeling aggrieved by the order of respondent No.2 dated 18.10.2010, as confirmed in appeal by respondent No.1 vide his order dated 25.11.2010, whereby her fair price shop authorization was suspended and confirmed respectively. 2. I have heard Sri Md. Saleem, learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. 3. The petitioner is a fair price shop dealer of shop No.3 of Masapet, Rayachoty town and Mandal, Kadapa District. On 16.10.2010, the petitioner's shop was inspected by the Deputy Tahsildar along with Food Inspector and Mandal Revenue Inspector, Rayachoty. During the inspection, it was allegedly found that out of the total quantity of 162.75 quintals of PDS and AAY rice, there was a shortage of 3.60 quintals. Apart from initiating proceedings under Section 6-A of the Essential Commodities Act, 1955, departmental proceedings had been initiated against the petitioner. As part of t...
Puppala Naga Malleswara Kumari and Others. Vs. M.Rambabu and Another.
Court: Andhra Pradesh
Decided on: Dec-28-2010
:: 1) The appellants/claimants are dependants of the deceased Venkateswara Rao who was driver of lorry bearing No.AP 16 X 6788 belonging to the 1st respondent and insured with the 2nd respondent/insurance company. The deceased died on 15.10.2005 at about 5.00 A.M near Pudur Railway Gate, Vaniyambadi of Vellore of Tamilnadu State. As the railway gate was closed, the deceased stopped his lorry and thereafter suffered sudden chest pain and collapsed. The deceased died of sudden heart attack. Ex.A-3 Post Mortem certificate of the deceased disclosed that he died of myocardial infraction (Heart Attack). In those circumstances, the claimants approached the Motor Accidents Claims Tribunal-cum-I Additional District Judge, Krishna at Machilipatnam and filed M.V.O.P.No.8 of 2006 claiming compensation of Rs.6,00,000/- for death of the deceased under Section 163-A of the Motor Vehicles Act (in short, the Act). The lower Tribunal negatived the appellants' claim for compensation on the ground that th...
Kalagatla Hasanaiah @ Hasan Vs. the State of A.P
Court: Andhra Pradesh
Decided on: Dec-24-2010
:: Sole accused filed this appeal against the judgment in S.C.No.220 of 2005 on the file of the VI Additional District & Sessions Judge, (Fast Track Court) Markapur, dated 21.02.2007, under which the accused was found guilty for the offence punishable under Sec.302 of the Indian Penal Code, 1860 (in short 'IPC') for committing double murder of his wife and daughter, aged two years and was sentenced to undergo imprisonment for life and to pay a fine of Rs.1,000/- in default to suffer rigorous imprisonment for one year. 2. The substance of the charge against the appellant/accused is that on 14.03.2004 at about 8.30 p.m. at his house situated at Islampeta of Komarole village & mandal of Prakasam District, he committed murder of his daughter by name Kalagatla Moula Bee (hereinafter referred to as 'D1') and his wife by name Kalagatla Khasim Bee (hereinafter referred to as 'D2') by sprinkling kerosene and lit fire with match stick and bolted the door from outside keeping both the deceased ...
S.Anil Kumar Vs. the Commissioner of Panchayat Raj and anr.
Court: Andhra Pradesh
Decided on: Dec-23-2010
:ORDER: Shielding employees, who are alleged to have committed grave and serious offences such as tampering with official documents and falsification of government records, has taken a heavy toll on the system of governance in the State. Let alone initiating criminal proceedings against them, such employees are often showered with the munificence of promotion to higher posts resulting in the lowering of morale amongst those employees who are honest and sincere, and helplessness and frustration among the people at large. This case, as we shall presently see, is but yet another glaring instance of an employee who was, prima facie, found guilty of falsification of government records and tampering with official documents, on the basis of the report of the Forensic Science Laboratory, not only being protected from criminal prosecution, but also being rewarded with a promotion to a higher post. In this Writ Petition the petitioner seeks a declaration that the 2nd respondent has no jurisdicti...
Manyam Kesava Rao and Others. Vs. Land Acquisition Officer
Court: Andhra Pradesh
Decided on: Dec-23-2010
: : This appeal is filed by the claimants against the order, dated 19.3.1999, in O.P.No.92 of 1989 passed by the Additional Senior Civil Judge, Rajahmundry, seeking enhancement of compensation. 2. The claimants are appellants. An extent of Acs.15-95 cents of land belonging to the claimants in Sy.No.85/1 of Mundeswarapuram, Korukonda Taluk was acquired for providing house sites to weaker sections and a notification under Section 4(1) of the Land Acquisition Act, 1894 (for brevity "the Act") was made on 19.3.1979, award enquiry was conducted and award was passed on 31.1.1981 fixing the market value of the acquired land at Rs.4,000/- per acre. The claimants were not satisfied with the compensation and as the matter was not referred, they have approached the this Court in W.P.No.1346 of 1984 and as per the directions of this Court, dated 12.2.1996, reference was made under Section 18 of the Act. The claimants contended that the market value as on the date of acquisition was Rs.50,000/- p...
M/S. Priyadarshini Educational Academy. Vs. Director General of Income ...
Court: Andhra Pradesh
Decided on: Dec-22-2010
:ORDER: The relief sought for in this Writ Petition is to declare the order of the 1st respondent dated 31.03.2009, rejecting the petitioner's application for grant of approval under Section 10(23-C)(vi) of the Income-tax Act (hereinafter called the Act), as arbitrary and illegal, and consequently to direct the first respondent to consider the petitioner's application for exemption under Section 10(23-C)(vi) of the Act. The petitioner is a society registered under the Societies Registration Act vide Registration No.1041 of 1990. They claim to be running a high school, and intermediate and degree colleges. They submitted an application to the 1st respondent on 26.03.2008 claiming exemption under Section 10(23-C)(vi) of the Act for the assessment year 2008-09. The petitioner was afforded a personal hearing on 26.03.2009 whereat they were informed that, against column No.10 of Form 56D, the income of the society only for the preceding two years was shown, and not the income for the previo...
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