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Andhra Pradesh Court February 2010 Judgments

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Feb 04 2010

Chowdary Kamala Bai Vs. District Election Authority-cum-district Colle ...

Court: Andhra Pradesh

Decided on: Feb-04-2010

Reported in: 2010(3)ALT185

ORDERL. Narasimha Reddy, J.1. Election to the Laxmipur Gram Panchayat, of Adilabad District was held on 29-07-2006. The petitioner and respondents 5 and 6 contested for the office of Sarpanch. The petitioner secured 213 votes, the 5th respondent, 206 votes, and the 6th respondent 134 votes, and accordingly, the petitioner was declared as elected.2. The 5th respondent filed O.P. No. 22 of 2006 before the Election Tribunal-cum-Junior Civil Judge, Sirpur (for short 'the Tribunal'). The principal ground urged against the petitioner was that she had four children by the date of election, and thereby incurred disqualification under Section 19 of the A.P. Panchayat Raj Act (for short 'the Act'). The petitioner opposed the O.P. She contended that her husband Ganapathi, was married to another woman and begot two children, and thereafter he married her, and through their wedlock, two children were born. Her contention was that all the four children of her husband are being treated as though, all...


Feb 04 2010

Lakshmi Bai and ors. Vs. Tahsildar and ors.

Court: Andhra Pradesh

Decided on: Feb-04-2010

Reported in: 2010(3)ALT325

ORDERC.V. Ramulu, J.1. This writ petition is filed seeking a Mandamus declaring the order passed by the first respondent in his proceedings No. B/328/2008 dated 16.5.2008 as arbitrary, illegal and without jurisdiction.2. Petitioners are four in number. Third petitioner filed affidavit in support of the writ petition. According to him, his late father Mallanna was the protected tenant in respect of land bearing Sy. No. 3 admeasuring Ac.24-03 guntas situated at Tadgur Khurd village, Madnoor mandal, Nizamabad district. Respondents 3 to 6 were the pattedars of the said land. The possession of the land was delivered to the father of third petitioner and he was in possession of the same since several decades. After his death, third petitioner and his brothers viz., husband of first petitioner, father of second petitioner and father of fourth petitioner were in possession of the property. It appears, during the lifetime of Mallanna, he was granted ownership Certificate under Section 38-E of A...


Feb 04 2010

Mukkara Narasimhudu Vs. M/S Narne Estate Pvt Ltd., Rep. by Its Managin ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Feb-04-2010

Oral Order ( As per R.Lakshminarsimha Rao, Member) The complainant filed the appeal being dissatisfied by the order passed by the District Forum, Nalgonda in C.C.No. 37 of 2007 whereby the opposite party was directed to execute and register the sale deed in favour of the complainant for Plot NO.33 (CP) in Block-II, Sector-IV, admeasuring 280 sq.yards in East City Venture situated at Bibinagar in Nalgonda District and in the alternative to execute sale deed in respect of the Plot No.88 in Block-G, Sector-V admeasuring 290 sq.yards situated in East City Venture at Bibinagar in Nalgonda District by collecting the extra amount of Rs.1500/- for extra extent of 10 sq.yards at the rate of 150/- per sq.yards and also pay to the complainant Rs.1500/- towards costs. Briefly stated the facts of the case are that the appellant paid an amount of Rs.4700/- on 20.1.1995 out of which Rs.4500/- was adjusted towards first instalment and Rs.200/- was paid towards membership charges. The remaining amount ...


Feb 03 2010

i. Renuka (Smt.) and anr. Vs. Collector and ors.

Court: Andhra Pradesh

Decided on: Feb-03-2010

Reported in: 2010(2)ALT789

ORDERL. Narasimha Reddy, J.1. The first petitioner was granted quarry lease over an extent of 2.00 hectares of land in Survey No. 171/1 of Maddulapally Village, Khammam District vide proceedings dated 04.02.2005 for extracting black granite. The lease is valid till 2023. The 2nd petitioner was granted lease in the immediate neighbourhood in the same survey number over an extent of one hectare on 05.05.2007 for a period of 20 years for the same purpose. The 7th respondent is the Sarpanch of the Village. The land in Survey No. 171 belongs to Government and it is vast in extent. An idol of Kaalikamaatha was installed in a part of the land in Survey No. 171 in the year 1995. Disputes arose as to the installation thereof and correspondence ensued. A Trust for the maintenance of the Temple came into existence and the 6th respondent is its Chairman.2. Respondents 6 and 7 made a representation to the District Collector, Khammam, with a request to alienate Ac.0.08 guntas of land in Survey No. 1...


Feb 03 2010

Kalyan Roller Flour Mills Pvt. Ltd. Rep. by Its Managing Director, S. ...

Court: Andhra Pradesh

Decided on: Feb-03-2010

ORDERC.V. Ramulu, J.1. In all these writ petitions, common questions of fact and law arise for consideration; therefore, they are disposed of by this common order.2. W.P. No. 4724 of 2006 is filed with prayer as follows:For the reasons stated in the accompanying affidavit, the petitioners herein pray that this Hon'ble Court may be pleased to issue an order or orders, writ more particularly one in the nature of writ of Mandamus declaring the letter of 1st respondent issued vide Lr. No. 1810/A3'/2005 dated 16.9.2005 cancelling the eligibility certificate issued to the petitioner for availing power tariff concession/market cess exemption as arbitrary, illegal and in violation of the principles of natural justice and also Article 14 of the Constitution of India and pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice.3. W.P. No. 4725 of 2006 is filed with prayer as follows:Petition under Article 226 of the constitution of India praying th...


Feb 02 2010

Bmm Ispat Ltd. Vs. Asstt. Commr. of Cus.

Court: Andhra Pradesh

Decided on: Feb-02-2010

Reported in: 2010(253)ELT719(AP)

ORDERGoda Raghuram, J.1. The order of the learned Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench at Bangalore dated 3-4-2009 dismissing the COD Application No. 64 of 2009 in Customs Appeal No. 173 of 2009, communicated to the petitioner on 4-8-2009 is assailed in this writ petition.2. The petitioner a company registered under the Companies Act engaged in the business of export of iron ore fines had filed shipping bill No. 21 dated 29-5-2007 before the 1st respondent for export of 10,000 MTs of iron ore fines.3. Under the Customs Tariff Act, 1975, the export duty on iron ore and concentrates is specified at Rs. 300/- per MT. However, the Central Government issued a notification dated 3-5-2007 by way of an exemption in terms whereof iron ore fines of Fe content of 62% and below is subjected to export duty of Rs. 50/- per MT as against the tariff rate of Rs. 300/- per MT. An inspection agency namely M/s. Inspectorate Griffith India Pvt. Ltd., had certified the FE co...


Feb 02 2010

Lankalapalli Malleswara Rao @ Malli S/O Ramana Rao, Vs. the State of A ...

Court: Andhra Pradesh

Decided on: Feb-02-2010

ORDERB. Chandra Kumar, J.1. This Criminal Revision Case is directed against the orders dated 22.01.2010 passed by the Metropolitan Sessions Judge, Vijayawada, in Crl. M.P. No. 38 of 2010 in Crl. M.P. Nos. 1447 and 1448 of 2009 in Crime No. 601 of 2009 of Law and Order, I-Town Police Station, Vijayawada.2. Heard the learned Counsel for the petitioners and the learned Additional Public Prosecutor.3. The learned Metropolitan Sessions Judge, Vijayawada, granted bail to the petitioners on 31.12.2009 vide Crl. M.P. Nos. 1447 and 1448 of 2009 and while granting bail a condition was imposed directing the petitioners/A1 to A4 to appear before the Station House Officer, Law and Order, I-Town Police Station, Vijayawada, on every day between 9.00 AM and 11.00 AM until further orders.4. The State, represented by the Inspector of Police, I-Town Police Station, Vijayawada, filed Crl. M.P. No. 38 of 2010 for cancellation of the said bail alleging that the petitioners did not report before the Station ...


Feb 02 2010

The Secretary, Vasireddy Venkata Sunil Memorial Sevashram, Near Loyala ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Feb-02-2010

Oral Order ( As per R.Lakshminarsimha Rao, Member) The opposite party is the appellant. The appeal is filed challenging the order of the District Forum, R.R. District in C.C.No.30 of 2006 whereof the appellant was directed to refund the amount of Rs.72,000/- and a sum of Rs.15,000/- towards compensation and costs of Rs.2,000/-. The factual matrix of the case as narrated in the complaint is that the complainants being attracted with the publicity made by the opposite party by their brochure, paid an amount of Rs.50,000/- on 3.12.1999 for construction of a double bed room portion in the first floor of the opposite party sevashram. The complainants have paid amount of Rs.22,000/- on 26.5.2000 towards the deposit of which Rs.16,000/- was treated as general deposit and Rs.6000/- was being the furniture deposit. The opposite party assured the complainants that the amount collected from them would be deposited in a Nationalised Bank. The complainants used to get about 10% interest per annum ...


Feb 01 2010

Mr.G.V. Ramanaiah Vs. M/S Crystal Agritech Ltd., Rep. by Its Managing ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Feb-01-2010

Oral Order(Per Smt.M. Shreesha, Honble Member) Aggrieved by the order in C.C.No.722/2006 on the file of District Forum-II, Hyderabad, the complainant preferred this appeal. The brief facts as set out in the complaint are that the opposite party approached the complainant in the month of December, 2005 and offered to sell plots in Dream land situated at Gollahalli Village, Nelamangala Taluk, Bangalore Rural District, Karnataka State. In pursuance of the said offer, the complainant agreed to purchase plot No.39 admeasuring 2400 sft. i.e. 266.66 sq. yds. in Dream land situated at Gollahalli Village, Nelamangala Taluk, Bangalore Rural District, Karnataka State and paid a total sale consideration of Rs.2,00,000/- through a cheque bearing No.837398 drawn on Andhra Bank, Malakpet, Hyderabad. After receipt of the cheque from the complainant, opposite party issued a receipt vide credit voucher No.013 dated 15-12-2005 advising the complainant to get ready for registration and promised the compla...


Feb 01 2010

Pulivarthi Sambrajyam Vs. United India Insurance Company Ltd., Rep. by ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Feb-01-2010

Oral Order(Per Smt.M. Shreesha, Honble Member) Aggrieved by the order in C.D.No.239/2004 on the file of District Forum, Guntur, the complainant preferred this appeal. The brief facts as set out in the complaint are that the complainants husband during his life time insured his life with the opposite party under Janata Personal Accident Insurance Policy bearing No.150800/47/51/00187/97 by paying an amount of Rs.1250 under receipt No.17-11-1997 for a sum of Rs.5,00,000/- covering the risk for the period from 17-11-1997 to 16-11-2007. The complainant submitted that her husband died on 18-12-1999 due to fire accident on 06-12-1999 at mid night. The dying declaration of the insured was noted by the Magistrate and the Arundelpet P.S. has registered a case under Section 174 of Cr.P.C. The death of the insured was informed to the opposite party by the complainant in the month of January, 2000 personally as well as in writing and submitted all the required documents. It is the case of the compl...


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