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Andhra Pradesh Court December 2011 Judgments

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Dec 23 2011

Praveen Kumar Reddy Sirupa Vs. Study Overseas India Pvt. Ltd. and Anot ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-23-2011

R. Lakshminarasimha Rao, Member: Oral: 1. Dissatisfied by the order of the District Forum, the appellant filed the appeal. 2. The facts of the case are that the respondent No. l a operating educational consultancy situated at Hyderabad, Andhra Pradesh, collects fees from the students and sends them abroad for higher academic studies to various Universities and also sends to respondent No. 1s University as its agent. Attracted by the advertisements made by the respondent Nos. 1 and 2 in the News papers and Television and as he was interested in pursuing his higher studies approached the respondent No. 1 and enquired about the fees structure and the details of the course i.e. Masters in Public Health and paid a sum of 8,200 English Pounds to the respondent No. l which is equivalent to Indian Rs. 7,30,000 and with reference to this two receipts one for 4,350 English Pounds vide No. 3392 dated 26.6.2008 and another for 3,850 English Pounds with receipt No. 3453 dated 22.7.2008 issued by re...


Dec 22 2011

Hotel Soorya International Vs. the Secretary to Government and ors.

Court: Andhra Pradesh

Decided on: Dec-22-2011

Heard Ms.P.T.Asha, learned counsel for the petitioner and Mr.S.V.Durai Solaimalai, learned Additional Government Pleader appearing for the respondents. 2. Praying to quash the proceedings of the 2nd respondent in Rc.No.P&E 2(1)/6887/2007, dated 18.01.2008 and forbear the respondents from demanding the privilege fee @ Rs.1,50,000/- per annum on the basis of the two star category for the period 2000-2008, the petitioner has come up with the present writ petition. 3. The petitioner would state that they are running a Hotel under the name and style of 'Hotel Soorya International' in Mettupalayam under Licence No.FL 3 6/96-97. In the year 1996, they applied for classification of their Hotel under two star category and the same was duly accorded to them on 08.07.1996 on the recommendations of the Hotel and Restaurant Approval and Classification Committee (HRACC). The above classification was accorded to them by the Convenor, HRACC, Regional Director for Southern Regional Office, Indi...


Dec 22 2011

Daram Vasantha Kumar Vs. State Bank of India Rep. by Its Agm V

Court: Andhra Pradesh

Decided on: Dec-22-2011

GHULAM MOHAMMED; RAMAMOHANA RAO, J.ORDER:- (As per Hon'ble Sri Justice Ghulam Mohammed)1. This writ appeal is directed against the Judgment and Order passed in Writ Petition No.16019 of 2010. The writ petitioner/appellant was working as a Customer Relation Associate with the State Bank of India at its M.V.P. Colony Branch at Visakhapatnam. Through an order dated 09.06.2010, he has been transferred to Rajam Branch and accordingly, he was relieved of his duties at the closing of business hours on 09.06.2010 with instructions to report before the Branch Manager, State Bank of India, Rajam Branch on 10.06.2010 without availing joining time. That gave rise to the writ petition.2. It is contended by the petitioner that he has studied M.Sc. (Computer Science) and M.A. (Public Administration) prior to joining the service of State Bank of India on 03.03.2008. With a view to pursue Ph.D course, the petitioner submitted an application seeking 'No Objection' for pursuing his Ph.D course. Though, s...


Dec 22 2011

Topara Rajender and Others Vs. Govt. of A.P.,rep.by Its Secretary to G

Court: Andhra Pradesh

Decided on: Dec-22-2011

ORDER: (PER HON'BLE THE CHIEF JUSTICE SHRI Madan B. Lokur) 1. In this writ petition the prayer is that the proceedings dated 20.4.2008 and 2.5.2008 be declared as illegal. By the aforesaid proceedings, the land belonging to the husband of respondent No.3, which was acquired in 1965 under the provisions of the Land Acquisition Act, 1894 was re-conveyed to her. 2. According to learned counsel for respondent No.3, the writ petition is said to have been filed in public interest, but it is intended to subserve only a private interest and, therefore, it should be dismissed on this ground alone. 3. In our opinion, the contention of learned counsel ought to be rejected for two reasons. Firstly, it seems to us that the description of the petition as having been "filed in public interest and in good faith" does not make it a public interest litigation, even though respondent No. 3 and the Registry of this Court may have understood it as such. To describe the writ petition as a public interest li...


Dec 22 2011

Topara Rajender and Others Vs. Govt. of A.P.,rep. by Its Secretary to ...

Court: Andhra Pradesh

Decided on: Dec-22-2011

MADAN B.LOKUR. J.ORDER: (PER HON'BLE THE CHIEF JUSTICE SHRI Madan B. Lokur)1. In this writ petition the prayer is that the proceedings dated 20.4.2008 and 2.5.2008 be declared as illegal. By the aforesaid proceedings, the land belonging to the husband of respondent No.3, which was acquired in 1965 under the provisions of the Land Acquisition Act, 1894 was re-conveyed to her.2. According to learned counsel for respondent No.3, the writ petition is said to have been filed in public interest, but it is intended to subserve only a private interest and, therefore, it should be dismissed on this ground alone.3. In our opinion, the contention of learned counsel ought to be rejected for two reasons. Firstly, it seems to us that the description of the petition as having been "filed in public interest and in good faith" does not make it a public interest litigation, even though respondent No. 3 and the Registry of this Court may have understood it as such. To describe the writ petition as a publ...


Dec 22 2011

Revappa Vs. the Govt., of A.P., Rep., by Its Princip

Court: Andhra Pradesh

Decided on: Dec-22-2011

C.V. NAGARJUNA REDDY, J.ORDER:1. This Writ Petition is filed for a Mandamus to direct respondent No.3 to pay compensation to the petitioner in respect of the land admeasuring Ac.0.27 guntas in Sy.No.40 of Gopanpally Village, Bichkunda Mandal, Nizamabad District (for short, "the subject land"), in terms of award, dated 07.04.2010, passed by him.2. I have heard Sri V. Ravi Kiran Rao, learned counsel for the petitioner and the learned Assistant Government Pleaders for Land Acquisition and Endowments representing respondent Nos.2 and 3 and respondent No.4 respectively.3. The subject land was notified for acquisition for construction of Lendi Inter State Project. The land was notified in the name of the wife of the petitioner. The petitioner averred that during the pendency of the acquisition proceedings, his wife died and that he has pursued the acquisition proceedings. The petitioner has narrated several steps taken by the Land Acquisition Officer in the course of acquisition proceedings ...


Dec 22 2011

Hanuman Das and Another Vs. A.P. Central Power Distribution Co., Ltd

Court: Andhra Pradesh

Decided on: Dec-22-2011

C.V. NAGARJUNA REDDY, J.ORDER:1. This Writ Petition is filed for a Mandamus to declare the action of the respondent in not paying compensation of Rs.5,00,000/- for the death of petitioners' son Abhijit due to electrocution on account of its negligence, as illegal and arbitrary.2. The petitioners, who are the unfortunate parents of Abhijit, who died due to electrocution on 10.12.2010 in a playground nearby his school, have lodged a complaint before the Makthal Police Station, Mahaboobnagar District, which in turn registered a criminal case as Crime No.164 of 2010 under Section 174 Cr.P.C. The petitioners made representation, dated 01.02.2011, to the respondent for payment of compensation of Rs.5,00,000/-.3. The learned counsel for the petitioner submitted that as the boy died on account of the negligence in maintaining transformer wires, which fell on the earth causing his death, the respondent is liable to pay compensation. The learned counsel placed reliance on a Division Bench judgme...


Dec 22 2011

Ahmed Shah Khan Vs. Smt. Muneerunnisa Begum @ Sultana and Ot

Court: Andhra Pradesh

Decided on: Dec-22-2011

L. NARASIMHA REDDY, J.JUDGMENT:1. The appellant filed O.S.No.3690 of 1993 in the Court of the VI Junior Civil Judge, City Civil Court, Hyderabad, for the relief of specific performance of an agreement of sale against the 7th respondent herein in respect of 150 square yards of land in Survey No.284 of 2011, Gudimalkapur. It was pleaded that the 7th respondent executed an agreement of sale on 23-01-1976, delivered possession of the plot, but did not execute the sale deed inspite of repeated requests. The suit was decreed on 20-08-1997. The appellant filed EP No.161 of 1999 for execution of the decree. Since the 7th respondent did not come forward to execute the sale deed, the Court itself executed the document deed of conveyance on 21-04-2000. When steps were initiated for recovery of possession of the property, resistance was offered by the respondents 1 to 6 herein.2. On noticing that steps were initiated for dispossessing them from the property, the respondents 1 to 6 (for short 'the ...


Dec 21 2011

Thumurouthu Mallikarjuna Rao and Another Vs. the State of Andhra Prade ...

Court: Andhra Pradesh

Decided on: Dec-21-2011

C.V.Nagarjuna Reddy, J.Order:1. The petitioners, whose family is subjected to acquisition of properties for the second time, filed this Writ Petition seeking intervention of this Court by restraining the respondents from perpetrating injustice on them. The family of the petitioners appeared to be once very wealthy in terms of agricultural lands. This appeared to have, obviously, made them a soft target for the respondents to take away their lands whenever they contemplate acquisition. The petitioners have pleaded before respondent Nos.4 and 5 that during the lifetime of their father as much as Ac.40-93 cents of land was acquired for providing house sites and that therefore, there is no justification for acquiring further land, which will virtually reduce them to the status of small farmers. In order, dated 26-12-2009, passed by respondent No.4, disposing of the petitioners' objections, a finding is rendered by him that earlier an extent of Ac.27-13 cents belonging to the petitioners' f...


Dec 21 2011

Sanka Ravi Gopal and Others Vs. the State of A.P., Through the Food In ...

Court: Andhra Pradesh

Decided on: Dec-21-2011

K.G.SHANKAR, J.ORDER:1. M/s. Cadbury India Private Limited along with its officers who are arrayed as A1 to A4 in C.C.No.429 of 2009 on the file of the I Additional Chief Metropolitan Magistrate, Vijayawada seeks for quashment of the charge sheet. The Food Inspector who inspected the shop of the 1st respondent on 25-05-2007, purchased Cadbury 5 Star Chocolates from the 1st petitioner. The sample was sent for analysis. The Public Analyst issued opinion on 07-07-2007 that the sample contained vegetable oil and also contained Benzoic Acid, which was not declared on the label. The Public Analyst opined that the sample was both adulterated and misbranded. On the basis of the report of the Analyst, a case was booked against the four petitioners.2. Sri M.S. Srinivasa Iyengar, learned counsel for the petitioners/accused contended that in view of Appendix-B Clause A.25.03 of the Prevention of Food Adulteration Rules, 1956 ('the PFA Rules' for short) and in view of Rule 32 (b) read with proviso ...


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