Andhra Pradesh Court March 2011 Judgments
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The Commissioner of Customs and Central Excise, Vs M/S. H.B. Cargo Ser ...
Court: Andhra Pradesh
Decided on: Mar-30-2011
1.This appeal, under Section 130 of the Customs Act, 1962, is preferred against Order No.470/2010 in Customs Appeal No.357/2009 on the file of the Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench, Bangalore (CESTAT) dated 17.2.2010 whereby the order of the Commissioner of Customs and Central Excise, Hyderabad dated 12.12.2008, revoking the CHA licence issued to the respondent under Regulation 20 of the Custom House Agent Licensing Regulations, 2004 (CHALR), was vacated. 2.The respondent herein was authorized to transact business as a Customs House Agent (CHA) vide License No.02/2002 with effect from 6.6.2002. The partner and authorized signatory of the CHA submitted four shipping bills, (No.2952 to 2955 dated 17.3.2004), on behalf of M/s. Globle Fashions (Exim) India, Goa at the ICD, Hyderabad for export of goods declared as "Ladies Nightwear" valued at Rs.1,15,96,832/- (FOB). On the basis of these four shipping bills M/s Globle Fashions claimed DEPB credit at 11% ...
M/S.Bilasraika Sponge Iron Pvt.Vs M/S.Devi Trading Company
Court: Andhra Pradesh
Decided on: Mar-30-2011
1.The respondent in this appeal filed an Arbitration Original Petition (O.P.) under Section 9 of the Arbitration and Conciliation Act, 1996 (for short 'the 1996 Act') for a direction to the appellant herein to furnish security for US $ 797951.42 equivalent to Rs.3,63,06,789-81 Ps., (at the rate of Rs.45-50 ps., per US $). Along therewith it filed an application under Section 9 of the 1996 Act read with Order XXXVIII Rule 5 and Section 151 of the Code of Civil Procedure, 1908 (for short 'the CPC') for a direction to the appellant herein to furnish security for the aforesaid amount within three days and for a simultaneous order of conditional attachment of the petition schedule properties, pending disposal of the O.P. 2.As the concerned Court, of the learned Chief Judge, City Civil Court, Hyderabad was in vacation, the respondent moved this Court under Section 33 of the Andhra Pradesh Civil Courts Act, 1972 (for short 'the 1972 Act') read with Section 151 CPC by way of Receive and Trans...
M/S Mallikarjuna Transport and ors Vs the Singareni Collieries Company ...
Court: Andhra Pradesh
Decided on: Mar-30-2011
1.In this batch of writ petitions, common question arises for consideration.Hence, they are disposed of, through a common judgment. 2.The petitioner in W.P.No.11107 of 2009 is M/s Mallikarjuna Transport, and in all other writ petitions, it is Sri Srinivasa Transport. The petitioners were assigned the contract by M/s Singareni Collieries Company Ltd., (for short 'the Company') for transporting of coal from an Incline to the dumping units, for different periods. 3.In every contract, the particulars as to lead, Kilometers, approximate quantity of coal to be transported, the rate per tonne for each of the destinations, and, ultimately, the total value of the contract are furnished. It is also stipulated that, it shall be the obligation of the contractor to engage machines or trucks, workmen, and to make contributions under different enactments. 4.The Company made deductions of different kinds from the bills payable to the petitioners. One such deduction is the contribution to Coal Mines Pr...
M/S.Bilasraika Sponge Iron Pvt. Vs. M/S.Devi Trading Company
Court: Andhra Pradesh
Decided on: Mar-30-2011
1. The respondent in this appeal filed an Arbitration Original Petition (O.P.) under Section 9 of the Arbitration and Conciliation Act, 1996 (for short 'the 1996 Act') for a direction to the appellant herein to furnish security for US $ 797951.42 equivalent to Rs.3,63,06,789-81 Ps., (at the rate of Rs.45-50 ps., per US $). Along therewith it filed an application under Section 9 of the 1996 Act read with Order XXXVIII Rule 5 and Section 151 of the Code of Civil Procedure, 1908 (for short 'the CPC') for a direction to the appellant herein to furnish security for the aforesaid amount within three days and for a simultaneous order of conditional attachment of the petition schedule properties, pending disposal of the O.P. 2. As the concerned Court, of the learned Chief Judge, City Civil Court, Hyderabad was in vacation, the respondent moved this Court under Section 33 of the Andhra Pradesh Civil Courts Act, 1972 (for short 'the 19...
thella Pavani Vs. United India Insurance Company Ltd., Rep. by Its Bra ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Mar-30-2011
Oral Order (Per Smt.M.Shreesha, Honble Member.) Aggrieved by the order in C.D.No.75/2006 on the file of District Forum, Prakasam Dist at Ongole, the complainant preferred this appeal. The brief facts as set out in the complaint are that the opposite party approached the complainant and explained about the accidental policy and the complainant has taken accidental policy of opposite party which is for students of professional colleges and paid Rs.600/- towards premium amount and later she joined in Chirala Engineering College Hostel by paying the mess bill and accommodation charges. The complainants father who is an Andhra Bank employee died on 10.4.2003 due to heart attack and the complainant informed the same to the opp.party insurance company, but the insurance company kept silent without giving any reply. The complainant made written representations dt.30.4.2003, 10.1.2004, 13.6.2004, 15.7.2005 and 14.9.2005 to the opp.party for which there is no response given. Hence the complaint ...
Yanamala Purushotham Vs. the Managing Partner Sai Chaitanya Real Estat ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Mar-30-2011
Oral Order (As per Sri R.Lakshminarsimha Rao, Honble Member) 1. The appeal is filed against the order of the District Forum, Tirupathi in C.C.No.65 of 2010. The complainant is the appellant. The appellant purchased a plot admeasuring 200 sq.yards for a consideration of `1,39,000/- in Sri Lakhsmi Venture floated by the respondent at Kotramangalam Village of Renigunta Mandal. The appellant had paid `250/- towards admission fees as also the cost of plot. The respondent executed an undertaking dated 29.6.2007 assuring the appellant that he would execute registered sale deed after obtaining approval from Tirupati Urban Development Authority. In the course of time the cost of the plot in increased to `750/- per sq.yard. The appellant has got issued notice dated 23.6.2010 with a demand for execution of the sale deed. 2. The respondent has resisted the claim contending that one R.Munikrishna Reddy purchased the land in question, who in turn purchased it through registered sale deed dated 1...
Nagaraju and ors Vs K. Rami Reddy and ors
Court: Andhra Pradesh
Decided on: Mar-29-2011
1.The 1st respondent filed O.S.No.118 of 2001 against the petitioners in the Court of Junior Civil Judge, Yemmiganur, for recovery of certain amount. After the decree became final, the 1st respondent filed E.P.No.98 of 2002. He prayed for sale of an item of landed property, in Sy.No.529 of Dharmapuram. The description of the property was furnished in the E.P., as well as the sale proclamation. The property was attached and thereafter, it was brought to sale. The 2nd respondent emerged as the successful bidder. A sale certificate, delivery warrant and delivery receipt were issued in favour of the 2nd respondent, by the Executing Court.2.The respondents filed E.A.No.77 of 2008, under Section 153 and Order VI Rule 17, read with Section 151 C.P.C., with a prayer to amend the schedule in the sale roclamation, sale certificate, delivery warrant and delivery receipt, to incorporate the name of 'Halaharvi' in the place of 'Dharmapuram'. They pleaded that due to inadvertence, the name of the Vi...
Nagaraju, and ors.Vs. K. Rami Reddy, and ors.
Court: Andhra Pradesh
Decided on: Mar-29-2011
1. The 1st respondent filed O.S.No.118 of 2001 against the petitioners in the Court of Junior Civil Judge, Yemmiganur, for recovery of certain amount. After the decree became final, the 1st respondent filed E.P.No.98 of 2002. He prayed for sale of an item of landed property, in Sy.No.529 of Dharmapuram. The description of the property was furnished in the E.P., as well as the sale proclamation. The property was attached and thereafter, it was brought to sale. The 2nd respondent emerged as the successful bidder. A sale certificate, delivery warrant and delivery receipt were issued in favour of the 2nd respondent, by the Executing Court. 2. The respondents filed E.A.No.77 of 2008, under Section 153 and Order VI Rule 17, read with Section 151 C.P.C., with a prayer to amend the schedule in the sale proclamation, sale certificate, delivery warrant and delivery receipt, to incorporate the name of 'Halaharvi' in the place of 'Dharmapuram'. They pleaded that due to inadvertence, the name of th...
Nagaraju and Others Vs K. Rami Reddy and Others
Court: Andhra Pradesh
Decided on: Mar-29-2011
1. The 1st respondent filed O.S.No.118 of 2001 against the petitioners in the Court of Junior Civil Judge, Yemmiganur, for recovery of certain amount. After the decree became final, the 1st respondent filed E.P.No.98 of 2002. He prayed for sale of an item of landed property, in Sy.No.529 of Dharmapuram. The description of the property was furnished in the E.P., as well as the sale proclamation. The property was attached and thereafter, it was brought to sale. The 2nd respondent emerged as the successful bidder. A sale certificate, delivery warrant and delivery receipt were issued in favour of the 2nd respondent, by the Executing Court.2. The respondents filed E.A.No.77 of 2008, under Section 153 and Order VI Rule 17,read with Section 151 C.P.C., with a prayer to amend the schedule in the sale proclamation, sale certificate, delivery warrant and delivery receipt, to incorporate the name of 'Halaharvi' in the place of 'Dharmapuram'. They pleadedthat due to inadvertence, the name of the V...
K.Nivedan and ors Vs the State of A.P. and Onr
Court: Andhra Pradesh
Decided on: Mar-29-2011
1.Petitioners preferred this Criminal Petition seeking to quash the order passed by the learned Additional Judicial First Clas Brief facts of the case are as follows: The second respondent-de facto complainant joined as E.1 Cadre Duty Medical Officer in BHEL and promoted to E2 Cadre w.e.f. On the basis of the said complaint, a case in crime No.347 of 2009 is registered against the petitioners for the offence un The learned Magistrate after perusal of the said petition, passed the following docket order on 10.02.2010:" Complainant present. Heard the counsel for the complainant. Call for records as prayed for. Petition is accordingly all In pursuance to the said docket order, the learned Magistrate also addressed two letters in Dis.Nos.577 and 578 of 2010 to The said order is under challenge in this Criminal Petition.The learned counsel appearing on behalf of the petitioners submitted the following points for consideration:2.When the crime is registered and investigated by the Police and...
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