Andhra Pradesh Court December 2010 Judgments
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M/S. Coastal Andhra Power Ltd. Vs. State of Andhra Pradesh.
Court: Andhra Pradesh
Decided on: Dec-22-2010
:ORDER: This revision, under Section 34(1) of the A.P.VAT Act, is preferred against the order of the Sales Tax Appellate Tribunal (hereinafter referred to as "STAT") in T.A.No.344 of 2009 dated 25.3.2010 whereby the order of the Appellate Deputy Commissioner (CT), Guntur, in Appeal No.103/08-09/NNLR dated 28.6.2009, was confirmed. The petitioner registered itself as a dealer, under the Central Sales Tax Act, 1956 (hereinafter called the "Act"), from 1.4.2008 as they intended to develop, distribute and sell electricity along with scrap material. It is in the process of setting up an ultra mega power project at Krishnapatnam in Nellore District. The project involves evolving, designing, developing, constructing and operating a power plant, and allied buildings and support structures to generate, transmit and distribute electricity. The petitioners are also registered under the A.P. VAT Act. They were issued a certificate under Section 8(3)(b) of the Act, read with Rule 13 of the CST (Re...
Syngenta India Ltd. Vs. Goggilla Sreenivasulu Reddy and Another
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Dec-20-2010
D. Appa Rao, President: Oral: 1. This is an appeal preferred by the manufacturer of the seeds OP2 against the order of the Dist. Forum directing it to payRs. 72,000 towards compensation along with its dealer together with interest, compensation and costs. 2. The case of the complainant in brief is that he owns Ac. 4.50 cents of agricultural land in S. Nos. 76 and 77 in Nallaballi village. While so he purchased sunflower seeds viz., Sunbred- 275 variety on 29.11.2003 manufactured by R2 from its dealer R1 when it assured that it would give yield of 10 to 12 quintals per acre on payment of its price. Right from the beginning the growth was not proper. When he complained to R1 at the time of flowering he did not heed. When he complained, the Agricultural Officer inspected the land and informed that due to defect in the seed the crop was failed. He spent about Rs. 4,500 per acre towards agricultural expenses. He sustained a loss of Rs. 72,000, and therefore he claimed the said amount with i...
R. Chandrashekar Reddy Vs. Union of India and Another
Court: Andhra Pradesh
Decided on: Dec-16-2010
:: 1. Unbelievable but a hard fact, that this Writ Petition filed in furtherance of an endeavour to show the door to Sri Justice C. V. Nagarjuna Reddy, a Judge of this Court, originates from anger and annoyance of the Petitioner-Advocate, arising out of refusal by the Judge to be contributory to a call of boycott of the Courts, given by Telangana Advocates Joint Action Committee on 13-09-2010, in support of demand for 42% of total number of posts in the Government services including appointments of Law Officers in the Courts for Telangana-ites. The grouse so registered is reflected by the writ petitioner in the writ petition itself, relevant paragraph whereof is extracted hereunder: " 4) It is submitted that on 13th September 2010 Telangana Advocates started an agitation with regard to 42% of posts existing in judiciary to be given to regional Telangana Advocates...........They continued their fast un-to death ........................ the Telangana Advocates called for boycott of the C...
A. Ranga Bhashyam Vs. the State of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Dec-16-2010
:ORDER: This writ petition is filed for a Mandamus to declare the action of respondent No.2 in insisting on permission from respondent No.1 for mutation of petitioner's name in the revenue records in respect of Acs.2.24 cents in surveyNo.230/1 of Eswarapuram Village, Puttur Mandal, Chittoor District, as illegal, arbitrary and contrary to Section 5 of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 (for short 'the Act'). The petitioner sought for a consequential direction to respondent No.2 to mutate his name in the revenue records in respect of the abovementioned land. The averments contained in the affidavit show that the abovementioned land was initially classified as Gunta Poramboke and that on coming to know about the said classification, the petitioner's father filed a claim petition under Section 11(a) of the Estates Abolition Act, 1948 before the Assistant Settlement Officer, Chittoor, who vide his proceedings dated 20.06.1967 granted ryotwari patta in favour ...
L.Ramesh and Others Vs. the Government of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Dec-16-2010
:ORDER: At the interlocutory stage, the writ petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. This writ petition is filed for a mandamus to declare the action of respondent No.2 in rejecting the petitioners' request for grant of Patta Land Certificate under the A.P. (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948; cancelling the pattadar pass books issued in their favour in purported exercise of power under Section 9 of the A.P.Rights in Land and Pattadar Pass Books Act, 1971 and also directing respondent No.4 to correct the Village Accounts duly making entries in the Prohibitory Order Book in respect of the subject lands and to take possession of the same immediately, as arbitrary, illegal, improper, unjust and in violation of the provisions of the Acts and the principles of natural justice. In the manner, in which, this case is proposed to be disposed of, it is not necessary to record the facts in great de...
Mogilicherla Bhixapathi Vs. the State of A.P. Rep. by Its Public Prose ...
Court: Andhra Pradesh
Decided on: Dec-14-2010
: This Criminal Appeal is preferred by the accused-A1 and A2 against the Judgment dated 21.03.2006 delivered in S.C.No.252 of 2005 by III Additional Sessions Judge, Karimnagar, whereby the accused are found guilty of the offence punishable under Sections 498-A, 302 read with 34 IPC, 304-B IPC and Sections 3 and 4 of Dowry Prohibition Act and convicted and sentenced them to under imprisonment for life and pay a fine of Rs.1,000/- each, in default of payment of fine, they shall undergo Simple Imprisonment for a period of two months each for the offence punishable under Section 302 read with 34 IPC. They are further sentenced to undergo Rigorous Imprisonment for a period of ten years each for the offence punishable under Section 304-B IPC, and further sentenced to undergo Rigorous Imprisonment for a period of two years each and pay a fine of Rs.1,000/- each, in default, to suffer Simple Imprisonment for a period of four months each for the offence punishable under Section 498-A IPC, and f...
Deepthi Avenues Pvt. Ltd. Vs. the State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Dec-14-2010
:: Prelude: A piece of land admeasuring 3000 square yards situated at Road No.3, Banjara Hills, Hyderabad, is the subject matter of dispute in this Writ Petition. While the petitioner claims to be the owner and possessor of the said land, which is hereinafter referred to as "the property", the respondents claim the same as escheat and bona vacantia under the provisions of the Andhra Pradesh Escheats and Bona Vacantia Act, 1974 (for short "the Act") and possession thereof was taken after following due procedure. The background facts:The petitioner has purchased the property admeasuring 3000 square yards, forming part of plot No.8D under registered sale deeds from one Smt.Ameena Begum, widow of Mr.M.A.Razack, and M/s. Mohd.Abdul Aziz, Mohd.Abdul Rasheed and Mohd. Abdul Quddus, sons of late M.A.Razack. The property is stated to bear Municipal Nos.8- 2-272/54/A, 8-2-272/57/1, 8-2-272/57/2 and 8-2-272/57/3, comprised in Survey No.504 New (Survey No.129 Old) and situated at Road No.3, Banjar...
Banoth Basu (A1) Vs. the State of A.P.
Court: Andhra Pradesh
Decided on: Dec-13-2010
: This criminal appeal is filed by Accused No.1 against his conviction and sentence in S.C.No.367 of 2006 vide judgment dated 15.12.2006 on the file of the court of VI Additional Sessions Judge (III-FTC), Warangal at Mahabubabad, wherein Accused No.1 was found guilty of the offences punishable under Sections 498-A, 302 IPC and sentenced him to undergo rigorous imprisonment for three years for the offence punishable under Section 498-A IPC and he was further sentenced to undergo imprisonment for life for the offence punishable under Section 302 IPC. Both sentences were ordered to run concurrently. 2. The case of the prosecution in brief is as follows: A.1 is the husband of the deceased-Banoth Maji and brother of A2 to A4. A1, A3 and A4 are residents of Salar Thanda of Mahabubabad and A2 is a resident of Rajole village. About 15 years ago, the marriage between A1 and deceased took place as per caste customs. PWs.1 and 2, parents of the deceased, gave Rs.10,000/- to the accused on demand....
The Food Inspector, Amadalavalasa Vs. Talluri Ramamohana Rao and 3 ors
Court: Andhra Pradesh
Decided on: Dec-12-2010
SAMUDRALA GOVINDARAJULU, J.JUDGMENT:1. The lower Court recorded acquittal of the respondents 1 to 4/A1 to A4 of the offence under Section 16(1)(a)(i), 7(i) and 2(i)(a)(f) of the Prevention of Food Adulteration Act, 1954 (in short, the Act) and questioning the same, the State filed this appeal.2. The Food Inspector, PW1 took samples of Spik Cola Soft Drinks from shop of the accused by name M/s. Vijayalaxmi Aerated Waters, Amadalavalasa and sent one of the samples for analysis. The Public Analyst after analysis sent Ex.P19 report opining that the sample does not conform to total plate count and yeasts and moulds and also contains E.Coli and is therefore adulterated. After obtaining written consent from the Director, PW1 instituted the complaint before the Magistrate.3. The lower Court recorded acquittal on two grounds namely, that there was no service of notice under Section 11(1)(a) of the Act and that notice issued by the Food Inspector to the accused under Section 13(2) of the Act was...
Kolluri Eswararao Vs. the State Rep. by Its Public Prosecutor
Court: Andhra Pradesh
Decided on: Dec-10-2010
: The appellant is the 1st accused/A-1. A-1 was charged in the lower Court for offences punishable under Sections 498-A and 302 I.P.C. A-2 is father of A- 1. A-2 was charged for the offence under Section 498-A/34 I.P.C. The lower Court i.e., I Additional Sessions Judge, Krishna at Machilipatnam in Sessions Case No.247 of 2005 by judgment dated 30.04.2007 found A-2 not guilty of the charge under Section 498-A/34 I.P.C and acquitted him. A-1 was also found not guilty of the charge under Section 498-A I.P.C. But, A-1 was found guilty of the charge under Section 302 I.P.C and was convicted and sentenced to life imprisonment for the said offence. The deceased Kolluri Bhavani is no other than wife of A-1. Marriage of the deceased with A-1 was performed about five years prior to death of deceased. The deceased died of shock due to extensive burns on 12.12.2004. The deceased sustained burns on 10.12.2004 at about 20.00 hours in her house at Vakkalagadda village of Challapalli Mandal. Immediate...
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