Andhra Pradesh Court January 2012 Judgments
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P.Nageswara Rao Vs. the District Collector, Kurnool District
Court: Andhra Pradesh
Decided on: Jan-06-2012
NOUSHAD ALI, J.ORDER :1. This Writ Petition is filed to declare the order of the 2nd Respondent-Revenue Divisional Officer, Nandyal, Kurnool District, passed in Proceedings Rc.No.A.3113/2011, dated 19-12-2011 suspending the fair price shop authorization of the petitioner, pending enquiry, as illegal.2. The petitioner is a fair price shop dealer of U.Bollavaram Village, Mahanandi Mandal, Kurnool District. On receipt of complaints from the cardholders, the 3rd Respondent-Tahsildar conducted enquiry and submitted a report to the 2nd Respondent-Revenue Divisional Officer that the petitioner was not distributing essential commodities to the cardholders regularly and that he closed the shop during working hours besides failing to remit challan for drawing essential commodities and that the petitioner is working as President of Kurnool District Fishermen Cooperative Society. On a consideration of the said report, the 2nd Respondent initiated proceedings under the Andhra Pradesh State Public D...
Ms Laila Finance Ltd Vs. Ms S.A. Engineering Services and ors
Court: Andhra Pradesh
Decided on: Jan-06-2012
R.KANTHA RAO, J.JUDGMENT:1. This criminal appeal is filed by M/s Laila Finance Ltd, Panjagutta, Hyderabad against the judgment dated 17.04.2006 passed by the XIV Additional Chief Metropolitan Magistrate, Hyderabad, in C.C.No.No.1294 of 2001 acquitting the respondents/accused for the offence under Section 138 of the Negotiable Instruments Act.2. The brief facts necessary for considering the appeal may be stated as follows: The appellant is the company registered under the Companies Act doing business in finance, hire purchase, bill discounting and lease. The second respondent (A2) is the sole proprietor of respondent No.1(A1). Originally Mr Mohd.Akber, husband of the first respondent was the proprietor of M/s National Business Trust. According to the appellant, after the death of Mr. Mohd. Akber, Smt. Saleema Begum, the second respondent apart from succeeding to all his properties became the proprietrix of M/s National Business Trust also.3. Mr Mohd. Akber entered into hire purchase agr...
Sri Gondi Parshwanath Sarvodaya Teerthdh Vs. HabeebuddIn Ahmed
Court: Andhra Pradesh
Decided on: Jan-06-2012
L.NARASIMHA REDDY, J.ORDER:1. The petitioner filed W.P.No.32868 of 2010 against the A.P. Wakf Board, represented by the Chief Executive Officer, challenging the notice, dated 01.12.2010 issued by the respondent under Section 51 of the Wakf Act (for short 'the Act'), in relation to a piece of land under the occupation of the petitioner. The writ petition was admitted and an interim order was passed on 28.12.2010 in W.PM.P.No.41761 of 2010, suspending the notice. This contempt case is filed alleging that the respondent has violated the order of this Court and proceeded to address letters to the District Collector as late as on 04.03.2011 and that the District Collector in turn issued proceedings dated 11.05.2011 directing recovery of the possession of the petitioner. It is stated that the respondent got erected sign boards depicting that the property belongs to Wakf Board and all these acts constitute a deliberate contempt of orders of this Court.2. The respondent filed a counter affidav...
Kamatam Sangalappa and 2 Others Vs. Kapadam Sngalappa and 6 Others
Court: Andhra Pradesh
Decided on: Jan-06-2012
THE HON'BLE SRI JUSTICE K.G. SHANKAR CRP No.5224 o06. 01.2012 Kamatam Sangalappa and 2 others Kapadam Sngalappa and 6 others Counsel for the petitioner: K.G. Krishna Moorthy Counsel for the Respondents: J.Ugra Narasimha N. Aswartha Narayana for R-7 Cases referred:1. AIR 196.SC 15.2. AIR 197.SC 134.3. AIR 198.SC 189.4. AIR 198.SC 44.5. AIR 198.SC 178.6. (1998) 7 SCC 38.7. (2002) 6 SC8. AIR 200.SC 110.9. AIR 196.SC 69.10. (2004) 5 SC11. AIR 193.Privy Counci12. (1899) 22 ILR Mad. 68 (at p.80) 13. (2010) 9 SCC 64.14. 1988 (1) ALT 68.15. (2001) 7 SCC 57.THE HON'BLE SRI JUSTICE K.G. SHANKAR C.R.P.No.5224 of 2005 Date:06. 01.2012 Between: Kamatam Sangalappa, R/o. Yerrayapalli Village, Bathalapalli Mandal, Anantapur District, and 2 others ... Petitioners/ Judgment debtors AND Kapadam Sangalappa, R/o. Gangalakunta Village, Anantapur District, and 6 others ... Respondents/ Decree holders THE HON'BLE SRI JUSTICE K.G. SHANKAR C.R.P.No.5224 of 2005 ORDER: The revision is continuation of age-old lis...
M/S Laila Finance Ltd Vs. M/S S.A. Engineering Services and Others
Court: Andhra Pradesh
Decided on: Jan-06-2012
HON'BLE SRI JUSTICE R.KANTHA RAO Criminal Appeal No.1108 OF 200.06-01.2012 M/s Laila Finance Ltd M/s S.A. Engineering Services and others Counsel for appellant: Sri I. Gopal Reddy Counsel for respondents 1 &2: Sri M.Subba Reddy Counsel for Respondent No.3 : Public Prosecutor Cases referred:1. (2002)6 SCC 42.JUDGMENT: This criminal appeal is filed by M/s Laila Finance Ltd, Panjagutta, Hyderabad against the judgment dated 17.04.2006 passed by the XIV Additional Chief Metropolitan Magistrate, Hyderabad, in C.C.not No.1294 of 2001 acquitting the respondents/accused for the offence under Section 138 of the Negotiable Instruments Act. 2. The brief facts necessary for considering the appeal may be stated as follows: The appellant is the company registered under the Companies Act doing business in finance, hire purchase, bill discounting and lease. The second respondent (A2) is the sole proprietor of respondent No.1(A1). Originally Mr Mohd.Akber, husband of the first respondent was the pro...
The Controller of Estate Duty,andhra Pra Vs. Late Sri M.Gangappa, by a ...
Court: Andhra Pradesh
Decided on: Jan-05-2012
V.V.S.Rao, J.ORDER:1. In this reference at the instance of the Controller of Estate Duty (CED) under Section 64(1) of the Estate Duty Act, 1953 (the Act, for brevity), the following question is referred for the opinion of this Court.2. Whether on the facts and in the circumstances of the case, the ITAT was correct in law in holding that for evaluation of the fair market value of the interest of the deceased partner in a firm at the time of his death under Section 36(1) of the Estate Duty Act read with Rule 7(c) of the E.D.Rules, 1953, valuing of certain assets independently of balance sheet could not be restored to for inclusion in the principal value of the deceased's estate in the instance case?3. The fact of the matter which is not in serious dispute is as follows. In GIR No.G.212, the Assistant Controller of Estate Duty (ACED), Tirupati, passed an assessment order with reference to the statement of account filed by M.Ramana - accountable person (A.P.) wherein the value of the prope...
Duddumpudi Venkatarayudu Vs. Duddumpudi Rajagopal Alias Tatabbai
Court: Andhra Pradesh
Decided on: Jan-05-2012
L. NARASIMHA REDDY, J.ORDER:1. The sole defendant in O.S.No.108 of 2002 is the appellant in this second appeal. For the sake of convenience, the parties are referred to,as arrayed in the suit.2. The 2nd plaintiff is the mother of the 1st plaintiff and the defendant. The suit was filed for the relief of declaration of title in respect of the suit schedule property and for recovery of possession by evicting the defendant therefrom. Alternatively, it was pleaded that if any construction in the schedule property is found to have been removed, then, a sum of Rs.50,000/- be awarded towards value of the removed construction in addition to the recovery of possession. Prohibitory injunction to restrain the defendant from making any construction thereon or from interfering in any manner over the plaint schedule property after possession thereof is delivered to the 1st plaintiff and mandatory injunction directing him to remove new constructions if any made; were also claimed.3. It was pleaded tha...
Andhra Pradesh State Finance Corporation Vs. Ms Godavari Rubber Indust ...
Court: Andhra Pradesh
Decided on: Jan-05-2012
L.NARASIMHA REDDY, J.JUDGMENT:1. The respondent is a private limited company, and it established a small scale industry at Rajahmundry. It appears that it availed loan of about Rs.10 lakhs from the appellants. However, the industry did not function well, and has become sick. The unit was taken over by the District Collector. The circumstances under which, such taken over has occurred, are not immediately before this Court. The consortium of creditors have entrusted the task of rehabilitation of the unit to the appellants. At one stage, the unit was brought to sale and in the auction a sum of Rs.21,50,000/- was fetched. At that stage, the respondent offered to pay Rs.22 lakhs in full and final settlement of the loan account. That was accepted by the appellants. The amount was paid in installments.2. Complaining that the appellants have not issued 'No Dues Certificate', enabling it to assume possession of the property and other assets, the respondent filed O.S.No.58 of 1997 in the Court ...
M. Jayamma Vs. the State of Ap, Rep. by Its Public Pros
Court: Andhra Pradesh
Decided on: Jan-05-2012
B.CHANDRA KUMAR, J.Order:1. This Criminal Petition, under Section 482 Cr.P.C., is filed by the petitioner to quash the docket order dated 12.05.2009 made in C.F. No.1408 of 2009 in C.C. No.Nil of 2009 on the file of Judicial Magistrate of First Class, Dharmavaram, Anantapur district, and consequently direct the Magistrate to register the complaint and try the case as per the provisions of the Protection of Women from Domestic Violence Act, 2005 (for short 'the Act').2. The petitioner herein is the complainant before the lower Court. She filed an application under Section 12 of the Act. The learned Magistrate returned the same with an endorsement "Complaint is to be filed before the Project Officer". Challenging the same, this petition has been filed. Section 12 of the Act is as follows.12.Application to Magistrate:-(1) An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more relief...
Maturi Rangaiah Vs. Mutyala Venkata Lakshamma (Died) and ors
Court: Andhra Pradesh
Decided on: Jan-05-2012
L. NARASIMHA REDDY, J.ORDER:1. The unsuccessful plaintiff in O.S.No.84 of 1989 on the file of the Subordinate Judge, Markapur, is the appellant. He filed the suit for declaration of title and perpetual injunction in respect of the suit schedule properties comprising of Item No.1: a House at Nekhunambad Village and Item No.2: Acs.3-74 cents of land at Salakalaveedu village of Prakasam District. He pleaded that item No.2 and the eastern portion of the item No.1 fell to his share in a partition that took place in the year 1966 and that thereafter, he purchased the western portion of item No.1 from one Mr. Maturi Subbarangaiah and ever since then he is in exclusive possession and enjoyment of the suit schedule properties. According to him, the 1st respondent was the kept mistress and respondent Nos.2 and 3 (defendant Nos.2 and 3) are the daughters, of late Maturi Subbarangaiah. Respondent Nos.4 to 7 are the legal representatives of the 1st respondent.2. The appellant pleaded that the entri...
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