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Andhra Pradesh Court January 2012 Judgments

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Jan 25 2012

K. Ravi Kumar Reddy and Another Vs. M/S. I.C.D.S. Limited,represented ...

Court: Andhra Pradesh

Decided on: Jan-25-2012

HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY C.R.P.No.774 o25. 1-2012 K. Ravi Kumar Reddy and another M/s. I.C.D.S. Limited,Represented by its G.P.A. Holder H.K. Sreedhar ^Counsel for petitioner : Sri Vedula Venkataramana !Counsel for respondent : Sri K.V. Subrahmanya Narsu ?CASES REFERRED:1. AIR 198.S.C....


Jan 25 2012

Jasti Purnachandra Rao and Another Vs. Jasti Leela Kumari and 3 Others

Court: Andhra Pradesh

Decided on: Jan-25-2012

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY Civil Revision Petition No.3291 o25. 01-2012 Jasti Purnachandra Rao and another Jasti Leela Kumari and 3 others Counsel for the petitioners: Sri P.R.Prasad Counsel for the 1st respondent: Sri G.Dharma Rao Counsel for respondents 2 to 4: None. Order: This civil revision petition arises out of the order dated 14-6-2011 in I.A.No.664 of 2011 in O.S.No.62 of 2009 on the file of the learned District Judge, Guntur. 2. The petitioners are defendants 1 and 5 in O.S.No.62 of 2009 instituted by respondent No.1 for partition and allotment of her share in the suit schedule properties. The petitioners have filed I.A.No.664 of 2011 for summoning one Somavarapu Sambasiva Rao as a witness for the purpose of confirmation of original sale deed No.2970/1993. The said application having been dismissed by the Court below, the petitioners filed the present civil revision petition. 3. In support of the order dismissing the petitioners' application, the Court below has ...


Jan 25 2012

M/S. V.i.P. Emporium, Rep. by Its Propri Vs. M/S. Tci Finance Ltd., Se ...

Court: Andhra Pradesh

Decided on: Jan-25-2012

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY Civil Revision Petition No.4959 o25. 01-2012 M/s. V.I.P. Emporium, Rep. by its Proprietor Mr. Vinay Purush and another M/s. TCI Finance Ltd., Secunderabad, Rep. by its duly authorized and constituted agent Sri Rajendra Falor, Senior Manager (Finance and Accounts) Counsel for the petitioners:Sri N.Siva Reddy Counsel for the respondent: Sri S.Niranjan Reddy, Rep. Sri V.M.M.Chary Order: This civil revision petition arises out of the order dated 08-9-2011 in I.A.No.1483 of 2009 in O.S.No.2 of 1998 on the file of the learned I Additional District Judge, Guntur. 2. I have heard Sri N.Siva Reddy, learned counsel for the petitioners and Sri S.Niranjan Reddy, learned counsel, instructed by Sri V.M.M.Chary, learned counsel for the respondent. 3. The petitioners are defendants in the suit filed by the respondent for recovery of certain amounts on the basis of mortgage. The suit was decreed in favour of the respondent. The respondent thereupon filed I.A.No.1...


Jan 25 2012

Ali Jaffar S/O. R.A. Mahmood Vs. V. Venkat Reddy S/O. Narsimha Reddy

Court: Andhra Pradesh

Decided on: Jan-25-2012

HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY C.R.P.No.4825 o25. 1-2012 Ali Jaffar s/o. R.A. Mahmood V. Venkat Reddy s/o. Narsimha Reddy Counsel for petitioner : Sri D.V. Srinivasa Rao Counsel for respondent : -- CASES REFERRED:1. AIR 201.Madra2. (1997) 9 SCC 21.3. AIR 198.S.C....


Jan 25 2012

K. Venkat Ratnam and Another Vs. S.V. Nageswara Rao

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-25-2012

(Typed to dictation of Smt.M.Shreesha, Honble Member) Aggrieved by the order in C.C.No.158/2008 on the file of Dist Forum, Ranga Reddy Dist., the opposite parties preferred this appeal. The brief facts as set out in the complaint are that the complainant entered into an agreement dt.14.11.2007 for purchase of a flat no.203 in 2nd floor of Sadguru Krupa Residency with a total plinth area admeasuring 1310 sq. ft. including common areas with an undivided share of land admeasuring 40 sq.yds. out of the total land admeasuring 375 sq.yds. on H.No.11-11-13 on plot no.15, S.No.9/1/G situated at Telephone Colony, R.K.Puram, Saroornagar Mandal, Ranga Reddy Dist for a sale consideration of Rs.30,50,000/- and the complainant paid Rs.6,00,116/- towards advance. Thereafter the opposite parties were not willing to perform their part of obligation despite repeated oral reminders. The opp.parties refused to furnish a copy of the approved plan to the complainants despite their repeated requests for the ...


Jan 24 2012

Salem Venkata Ramana Vs. Mellacheruvu Umamaheswar Rao and anr

Court: Andhra Pradesh

Decided on: Jan-24-2012

C.V.NAGARJUNA REDDY, J.ORDER:1. This Civil Revision Petition is filed against order, dated 11.07.2011, in I.A.No.262 of 2011 in O.S.No.32 of 2009 on the file of the learned Judge, Family Court-cum-Additional District Judge, Khammam.2. Even though notice is served on both the respondents and proof of service is filed vide U.S.R.No.1701 of 2011, no one appeared for the respondents.3. I have heard Sri Chetluru Srinivas, learned counsel for the petitioner and perused the record.4. The petitioner is the plaintiff in O.S.No.32 of 2009 filed for specific performance of agreement of sale. The respondents who are defendants in the suit filed I.A.No.262 of 2011 for framing additional issues. The petitioner filed a counter-affidavit resisting the said application. However, by the order impugned in this Civil Revision Petition, the lower Court has allowed the application filed by the respondents. A perusal of the order under revision shows that no reasons whatsoever have been assigned by the lower...


Jan 24 2012

Kambala Venkanna Naidu Vs. the Andhra Bank, Rep.by Its Authorised

Court: Andhra Pradesh

Decided on: Jan-24-2012

ORDER: (Per the Hon'ble Sri Justice V.V.S.Rao) 1. A short question of considerable significance in the enforcement of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereafter, the SARFAESI Act or the Act), would arise for consideration in this Writ Petition filed by a borrower of Andhra Bank, Royapet Branch, Narsapur, West Godavari District. The question is whether the Branch Chief Manager (BCM) of Andhra Bank, Palakol Branch, is competent to issue a demand notice under Section 13 (2) of the said Act when the loan was sanctioned by the Royapet Branch. 2. The brief undisputed fact of the matter is as follows. M/s.Kambala Subba Lakshmi and two others availed agricultural loan in July 2006 from Royapet Branch. The petitioner herein as co-obligant, executed a guarantee agreement and mortgaged his immovable property to secure the loan. The Royapet Branch filed O.S.No.158 of 2009 on the file of the Court of Senior Civil Judge, Narsap...


Jan 24 2012

Nuziveedu Seeds Pvt. Ltd.,rep. by Its Dy Vs. Protection of Plant Varie ...

Court: Andhra Pradesh

Decided on: Jan-24-2012

COMMON JUDGMENT (Per Sri Justice Sanjay Kumar) 1. The Writ Appeals on hand turn upon the maintainability of the writ petitions filed by Nuziveedu Seeds Pvt. Ltd., the appellant company. Two learned Judges of this Court separately held against the appellant company and dismissed its three writ petitions on the ground of territorial jurisdiction. The fate of Writ Petition No.27663 of 2010, subsequently filed by the appellant company, would depend upon our decision in the appeals. 2. These cases arise against the backdrop of The Protection of Plant Varieties and Farmers' Rights Act, 2001 (for brevity, 'the Act'). This legislation was promulgated by the Parliament for protecting the intellectual property rights of plant breeders and farmers over plant varieties developed by them. The scheme of the Act provides for the authority constituted thereunder, viz., the Protection of Plant Varieties and Farmers' Rights Authority (hereinafter, 'the competent authority') to entertain and process appl...


Jan 24 2012

Syed Yakub and Another Vs. Bee Amma Begum and anr

Court: Andhra Pradesh

Decided on: Jan-24-2012

C.V.NAGARJUNA REDDY, J.ORDER:1. The petitioners, who are defendant Nos.1 and 2 in O.S.No.14 of 2010 filed by respondent No.1, filed this Civil Revision Petition feeling aggrieved by order, dated 03.11.2010, in I.A.No.523 of 2010 in O.S.No.14 of 2010, whereby the learned Judge, Family Court-cum-Additional District Judge, Khammam partly allowed the said application. The facts in brief which are relevant for the purpose of disposal of this Civil Revision Petition are stated as under: -2. The petitioners are the sons of respondent No.2 and brothers of respondent No.1. Respondent No.1, a married woman and living with her husband separately, filed the above-mentioned suit for partition and allotment of 1/5th share of the suit schedule properties to her. Respondent No.1 filed I.A.No.523 of 2010 in the said suit for appointment of a Receiver to take possession of the suit schedule properties and manage the same during the pendency of the suit, by conducting lease/auction of suit 'A' schedule m...


Jan 24 2012

Nuziveedu Seeds Pvt. Ltd.,Rep. by Its Dy Vs. Protection of Plant Varie ...

Court: Andhra Pradesh

Decided on: Jan-24-2012

THE HON'BLE THE CHIEF JUSTICE SHRI MADAN B.LOKUR AND THE HON'BLE SHRI JUSTICE WA NOS.651 OF 2010.537 OF 201.& 539 OF 201.AND WP NO.27663 OF 201.24-01-2012 Nuziveedu Seeds Pvt. Ltd.,Rep. by its Dy.General Manager, Mr.S.Sartaj Mohammed Khan. Protection of Plant Variety & Farmers'Rights Authority, The Registrar, National Academy of Agricultural Sciences,(N.A.S.C.Complex), Opp. Village Todapur, DPS Marg, New Delhi 012. and others. Counsel for appellant/petitioner : Sri S.Niranjan Reddy Counsel for respondents : Sri Ponnam Ashok Goud, Assistant Solicitor General for India, Sri C.V.Mohan Reddy, Senior Advocate for Sri Lakshmikumaran & Sri Sridharan. CASES REFERRED:1. (1979) 118 ITR 91.(AP) 2) (1990) 1 SCC 32.3) (2000) 7 SCC 64.4) (2002) 1 SCC 56.5) (2004) 6 SCC 25.6) (2007) 11 SCC 33.7) (2010) 2 SCC 53.8) (2006) 6 SCC 20.9) (2007) 6 SCC 76.10) (1993) 5 Sac LJ 1. 11) 1987 (1) AC 46.12) (2006) UKHL 4 13) AIR 201.DELHI 17 14) 1926 S.C. (H.L.15. 164 (2009) DLT 53.DB 16.19 R. 665, 668...


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