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Andhra Pradesh Court September 2010 Judgments

Sep 30 2010

Pothureddy Ramesh Babu, S/O.P.Madhava Rao Vs. Inspector of Police, Spe ...

Court: Andhra Pradesh

Decided on: Sep-30-2010

ORDER: This petition under Section 482 of Cr.P.C. is filed to quash the proceedings against the petitioner in C.C.No.354 of 2005 pending on the file of I Additional Chief Metropolitan Magistrate, Visakhapatnam wherein the petitioner was charged for the offences punishable under Sections 120-B r/w 420, 468, 471 IPC and Section 13(2) r/w 13(1)(d) of Prevention of Corruption Act.Learned counsel for the petitioner contends that earlier the C.B.I. filed a charge sheet before the Special Judge for C.B.I. Cases, Visakhapatnam against the petitioner, wherein he was arrayed as A.2 and against one V.S.Prakash Rao- A.1 in C.C.No.5 of 2003. In the said C.C., the first accused filed Crl.M.P.No.159 of 2004 to discharge him from the charges stating that he is a retired Area Manager of L.I.C. and not a public servant. The said application was allowed discharging A.1 from the charges and consequently, the petitioner herein was also discharged. Therefore, once the petitioner was discharged from the said...

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Sep 30 2010

Mamindla Padma and Others. Vs. M/S. Kanakadurga Leasing and Finance Li ...

Court: Andhra Pradesh

Decided on: Sep-30-2010

: 1.The appellants-claimants filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act') against the award, dated 30.05.2003, passed in M.V.O.P.No.807 of 2000 by the learned II Additional District Judge-cum-Chairman, Motor Accident Claims Tribunal, Warangal (for short 'the Tribunal'). 2. On 17.07.2000, at an early hours, while the husband of the first claimant, by name M. Uppalaiah, was bringing fish breed in a mini lorry bearing No.AP 10 U 1522 from Kothapet to Palakurthy village and when it reached Veeravelli village, its driver drove it in a rash and negligent manner and dashed a stationed lorry bearing No.AP 16 U 3456, as a result of which, all the inmates of the mini lorry sustained injuries and the said Uppalaiah succumbed to those injuries. The claimants being wife, minor son and parents of the deceased Uppalaiah filed O.P.No.807 of 2000 claiming compensation of Rs.3,00,000/-against respondent Nos.1 to 4 being owner, driver and insurers respectively...

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Sep 30 2010

Sri K.Venkat Rao. Vs. the Sports Authority of Andhra Pradesh and Anoth ...

Court: Andhra Pradesh

Decided on: Sep-30-2010

ORDER: The petitioner was appointed as a Coach in Gymnastics, by the A.P. Sports Council (for short 'the Council") on 08.10.1971. Thereafter, he was promoted as Assistant Director on 01.07.1982. Ever since then, he is said to be discharging duties on establishment side. The State of A.P. enacted A.P. Sports Authorities Act 1988, bringing into existence, the Sports Authority of A.P. (for short "the Authority") in the place of this Council. Through a notification, issued in G.O.Ms.No.268 Education (NS) Department, dated 01.11.1987, the Council and the other units constituted under it, were abolished. By separate arrangement, the staff and assets of the Council were transferred to the Authority. The petitioner continued to work as the Deputy Director in the Authority also. Through an order, dated 23.11.2002, the Vice Chairman and Managing Director of the Authority, the 1st respondent herein, informed the petitioner that he would attain the age of superannuation of 58 years in April, 2003...

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Sep 30 2010

Shaik Beebi W/O.Shaik HussaIn Peera Vs. B.Venkata Subbamma and Another

Court: Andhra Pradesh

Decided on: Sep-30-2010

: This Civil Miscellaneous Appeal arises out of award dated 31-3-2003 in M.V.O.P.No.107/2000 on the file of the Motor Accidents Claims Tribunal-District Judge, Kadapa (for short "the Tribunal"). The claimant in M.V.O.P.No.107/2000 is the appellant. She filed the said O.P. claiming compensation of Rs.1,70,000/- for the injuries she has suffered due to accident involving Tractor bearing registration No.AP 4T 4470. It is the case of the appellant that on 22-2-1999 at about 12 Noon, when she and her daughter were traveling in auto from Kampalli cross roads to Kadapa, at Nagireddipalli cross roads, the above mentioned Tractor attached with Trailer bearing registration No.AP 4T 4771, came in the opposite direction in high speed and driven in a rash and negligent manner and hit the legs of the appellant causing multiple fractures to left thigh bone. After being taken to Government Hospital, Kadapa, she was advised to go to General Hospital, Kurnool or Tirupathi. However, the appellant is sta...

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Sep 30 2010

The Divisional Manager Vs. Chakka Linga Murthy and Others

Court: Andhra Pradesh

Decided on: Sep-30-2010

ORDER: The Divisional Manager of Oriental Insurance Company Limited, Visakhapatnam, filed this Civil Miscellaneous Appeal against the award dated 17.04.2003 in O.P.No.227 of 1998 on the file of the Motor Accidents Claims Tribunal-cum-I Additional District Court, Srikakulam (for short 'the Tribunal). Respondent Nos.1 to 3, who are the legal heirs of one Chakka Simhachalam (hereinafter referred to as 'the deceased), who died in a motor accident occurred on 20.09.1997 filed O.P.No.227 of 1998 claiming a compensation of Rs.2,00,000/- for the death of the deceased. The deceased was the owner of a two-wheeler of Hero Honda make bearing registration No.AP 30 A 2119. He was stated to be traveling as a pillion rider while respondent No.4 was riding the two-wheeler when the accident occurred leading to the death of the deceased. After finding that the accident occurred on account of the rash and negligent driving of respondent No.4, the Tribunal has passed the award granting in all a sum of Rs.1...

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Sep 30 2010

G.Aravind Kumar Vs. Md Sadat Ali and Another

Court: Andhra Pradesh

Decided on: Sep-30-2010

ORDER: Appellant filed claim petition in O.P.No.1256 of 2002 on the file of the IV Additional Chief Judge -cum- Motor Accident Claims Tribunal, City Civil Court, Hyderabad, seeking compensation of Rs.3,00,000/- under Section 166 of the Motor Vehicles Act, 1988 (for short - 'the Act'), for the injuries sustained by him alleging that on 06.03.2002 while he, along with his friend Shailender, was proceeding on his Hero Honda Motor cycle bearing No.AP-28-AC-54 to college on left side of the road slowly and reached near Raasi Ceramics at about 09.30 AM, a Jeep bearing No.AP-5-T-2571, owned by first respondent and insured with second respondent, came in opposite direction being driven at high speed, in a rash and negligent manner, dashed the motorcycle and caused injuries to both of them. According to him, he sustained fractures to his right leg and crush injuries and other blunt injuries all over the body. He claims that by the time of accident he was studying Engineering III year and was ea...

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Sep 29 2010

Ali Asghar Ceizar Vs. the Commissioner of I.T.-vi

Court: Andhra Pradesh

Decided on: Sep-29-2010

ORDER: This writ petition is filed to have the order passed by the second respondent dated 06.01.2010 quashed, and to consequently declare that the wealth tax demand, relevant to the assessment years 1998-1999 to 2005-2006, be kept in abeyance till the outcome of O.S.No.32 of 1999 on the file of the IV Additional Metropolitan Sessions Judge, Hyderabad. The petitioner claims to own an extent of Acs.2.30 guntas of land, in Municipal Plot No.10 at Banjara Hills, Hyderabad, which was purchased for him by his father Sri Mirza Hussain Ali Ceizar vide sale deed dated 18.05.1965 registered with the Office of the Sub-Registrar of Khairtabad, Hyderabad. The petitioner would allege that a conspiracy was hatched to knock away the property; the said property was sold to M/s.Nagarjuna Construction Company Limited; the second respondent initiated proceedings under the Wealth Tax Act, 1957, (hereinafter referred to as the "Act") for the assessment years 1998-1999 to 2005-2006; pursuant to the notice,...

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Sep 29 2010

M/S.Bramarambha Wines, Vs. K.Devaraj Goud and Others

Court: Andhra Pradesh

Decided on: Sep-29-2010

:ORDER: 1. Shifting of appellant's licensed premises (a retail wine shop) from Ward No.88 Baghlingampally Hyderabad, having become inevitable for the reasons beyond the control of the appellant, consequently an application by him (appellant), seeking shifting of his licensed premises to Ward No.81, Barkatpura, Hyderabad which was granted vide order dated 24.8.2010, by the competent authority, the respondent-Commissioner, Prohibition and Excise, Hyderabad but not to the liking of the competitors respondents 1 and 2 herein (writ petitioners) & another, therefore invocation of extra ordinary writ jurisdiction by the said respondents through W.P.Nos.21399 and 21492 of 2010. Alongside, miscellaneous petitions were also filed, consideration whereof resulted in an interim direction by the writ court, suspending the impugned order of shifting. Being aggrieved, the respondent therein (appellant herein) invoked the appellate jurisdiction of the High Court against the interim direction through Wr...

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Sep 29 2010

Kumari K. Gayathri Vs. the Convenor, Eamcet 2010

Court: Andhra Pradesh

Decided on: Sep-29-2010

ORDER: 1. The present writ petition highlights as to how distressful economic conditions of parents of otherwise meritorious students belonging to socially disadvantaged sections of society will come in their way for prosecuting prestigious professional courses like M.B.B.S. 2. The writ petitioner is a member belonging to the Scheduled Tribes. She has been maintaining a very high academic performance throughout. She has secured 529 out of 600 marks at her Secondary School Examination (X class) and 841 out of 1000 marks at the two year Intermediate Examination (10 + 2 course) conducted by the Board of Intermediate Education, Andhra Pradesh. Like many other aspirants, she also appeared EAMCET Examination 2010, which is the eligibility test for securing admission to the Medical stream of courses. She has secured an over all merit rank of 2944. When she participated in the second phase of counselling that took place on 22nd August 2010, she was allotted a seat under the Scheduled Tribe qu...

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Sep 29 2010

The Oriental Insurance Company Limited Rep. Vs. Dumpa Haritha W/O Late ...

Court: Andhra Pradesh

Decided on: Sep-29-2010

: 1. This Appeal is filed by the Insurance Company, under Section 173 of the Motor Vehicles Act, challenging the order, dated 04-12-2009 in O.P.No.435 of 2007 on the file of the Motor Accidents Claims Tribunal-cum-Family Court, Nellore. 2. For the sake of convenience, the parties hereinafter will be referred to as arrayed before the Tribunal. 3. The brief facts, which are necessary for the disposal of the Appeal, are as follows: The claimants are the wife, daughter and mother of late Seetharami Reddy (hereinafter referred to as 'deceased') respectively, who died in a motor accident. On 18-12-2004 at about 16-30 hours, while the deceased, aged about 26 years, was working at the Campus of NTPC Land Filling Zone-I, Dhibar Village, Patna District, Bihar State, the driver of the offending vehicle bearing No.JH- 10-E-3016 drove the vehicle in a rash and negligent manner and dashed against the deceased as a result of which the deceased sustained grievous injuries and succumbed to the injuries...

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