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Andhra Pradesh Court October 2012 Judgments

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Oct 03 2012

Yeturu Sirish Reddy Vs. Sri P. Patahya Naik and Others

Court: Andhra Pradesh

Decided on: Oct-03-2012

This Writ Petition is filed for a Certiorari to quash Order, dated 08-02-2012, in IA.No.197 of 2010 in OPSR.No.206 of 2010, on the file of the A.P.Co-operative Tribunal, Hyderabad (for short ‘the Tribunal’). The petitioner claims to be a member of respondent No.2- Rajiv Co-operative House Building Society. He has filed the above-mentioned OP challenging the election held to the Managing Committee of respondent No.2. Along with the OP, the petitioner filed IA.No.197 of 2010 for condonation of delay of 400 days in filing the said OP. The Tribunal dismissed the said application, by holding that the petitioner failed to explain the delay caused in filing the said OP within the reasonable time after holding the election with cogent and satisfactory reasons and that therefore, there are no justifiable reasons to condone the enormous delay in filing the election petition. When this Writ Petition came up for hearing before this Court on 10-07-2012, this Court has called upon the le...


Oct 03 2012

M/S.Ganesh Cotton Traders., Rep. by Its Proprietor Vs. the General Man ...

Court: Andhra Pradesh

Decided on: Oct-03-2012

This writ petition is filed, seeking directions by way of Mandamus, declaring the action of respondents in freezing the account of the petitioner, as illegal and violative of Articles 19 and 21 of the Constitution of India. The petitioner, a proprietary concern, is engaged in cotton business. Petitioner is having business dealings with M/s.Lakshmi Ganesh Textiles (P) Ltd., Coimbatore in Tamilnadu. In the course of business transactions, M/s.Lakshmi Ganesh Textiles (P) Ltd. has issued a cheque bearing No.726190, dated 05.04.2012, for an amount of Rs.24,15,365/-, towards part payment for the purchases made by the said Firm from the petitioner. The petitioner is an account holder in the 2nd respondent-Bank with account No.022302210002513. It is the case of the petitioner that when he presented the cheque issued by M/s.Lakshmi Ganesh Textiles (P) Ltd., Coimbatore, the said cheque was honoured and an amount of Rs.24,15,365/- was transferred to his account, and subsequently, he issued cheque...


Oct 03 2012

Raghavendra Presteress Products Private Limited Vs. Commissioner of Co ...

Court: Andhra Pradesh

Decided on: Oct-03-2012

(Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction, more particularly in the nature of writ of mandamus, declaring the order dt.31-08-2006 as illegal, inoperative and set aside the same; and (ii) direct the respondent authorities to rectify the assessment and refund the amount of Rs.96,785/-  paid in excess, to the petitioner forthwith; or in alternative, declare the assessment order dt.23-03-2005 for the assessment year 2001-2002 (APGST) to the extent of levy of sales tax on free supply items to a tune of Rs.2001-2002 (APGST) to the extent of levy of sales tax on free supply items to a tune of Rs.96,785/- as illegal, void, inoperative and accordingly set aside the same to the said extent and direct the respondent authorities to refund or adjust the said refundable amount to the petitioner.) Common Order: (M.S. Ramachandra Rao, J.) In t...


Oct 03 2012

M/S. Fizikem Laboratories Pvt. Ltd. and Another Vs. the Drugs Inspecto ...

Court: Andhra Pradesh

Decided on: Oct-03-2012

Common Order: The petitioners 1 and 2/A-1 and A-2 in these batch of criminal petitions are accused of offences punishable under Sections 27(b)(ii) 27(c), 27(d) and 28-B of the Drugs and Cosmetics Act, 1940(in short, the Act) for violation of Sections 18(c), 18(a)(i)/17(B)(d), 17(b) of the Act and Section 26-A read with S.No.56 of notification No.GSR 578(E) dated 23.07.1983. A-1 is Fizikem Laboratories Private Limited, Tadigadapa and A-2 is its Managing Director. Subject matter of these criminal prosecutions is manufacture and sale of capsules of Ozomen, Ozomen Forte and Rapid Forte by the accused through various dealers in the State. After obtaining samples of the said drugs from the retail dealers when they kept the same for sale, in accordance with the procedure prescribed, one of the samples in each case was sent to Government analyst for analysis. In all these cases, Government analyst sent analytical report. Accordingly the respective drugs inspectors filed complaints before the r...


Oct 03 2012

(1) Andhra Pradesh State Road Transport Vs. Mr. B. Samuel

Court: Andhra Pradesh

Decided on: Oct-03-2012

THE HON'BLE Ms. JUSTICE G. ROHINI AND THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR WRIT APPEAL NOs.1069 OF 201.and Batch 03.10.2012 (1) Andhra Pradesh State Road Transport Corporation, Musheerabad, Hyderabad, rep. by its Managing Director, and three others. Mr. B. Samuel Counsel for the appellants: Sri C.R. Sridharan Counsel for respondent: Sri A.G. Satyanarayana Rao (GIST: (HEAD NOTE: Cases cited:1. AIR 196.SC 98.2 (1972) 1 SCC 81.3 AIR 196.SC 175.4 2009 (2) ALT 37.5 AIR 195.SC 30.=1963 SUPP. (1) SCR 22.6 AIR 198.SC 116.WRIT APPEAL NOs.1069, 1070 & 1071 OF 201.AND WRIT PETITION NOs.22369, 22370 & 22382 OF 201.COMMON JUDGMENT: (Per G. Rohini, J) W.A.Nos.1069, 1070 & 1071 of 2012 are filed by the respondents in W.P.Nos.22369, 22370 & 22832 of 2012 (A.P. State Road Transport Corporation) aggrieved by the common order dated 6.8.2012 passed by a learned Single Judge granting interim suspension of the orders impugned in the said writ petitions. Since the issue involved in the wri...


Oct 03 2012

T. Venkata Ramanaiah Vs. the Government of Andhra Pradesh, Repres

Court: Andhra Pradesh

Decided on: Oct-03-2012

HON'BLE SRI JUSTICE G. BHAVANI PRASAD W.P. No.22074 o03. 10/2012 T. Venkata Ramanaiah The Government of Andhra Pradesh, represented by its Principal Secretary, Revenue, Endowments Department, Hyderabad and 5 others COUNSEL FOR THE PETITIONER: Sri Raja Reddy Koneti COUNSEL FOR THE RESPONDENTS: G.P. for Endowments for respondents 1 to 4 Sri V.T.M. Prasad, learned standing counsel for R-5 Sri V. Venu Gopal Rao, learned counsel for R-6 ?CITATIONS: ORDER: Heard Sri Raja Reddy Koneti, learned counsel for the petitioner, Sri P.C. Reddy, learned Assistant Government Pleader for Endowments for respondents 1 to 4, Sri V.T.M. Prasad, learned standing counsel for Endowments for the 5th respondent and Sri V. Venugopal Rao, learned counsel for the 6th respondent. The petitioner claims to be a hereditary Archaka of Sri Eswara and Veerabhadra Swamy temple, Nallagatla village, Allagadda Mandal, Kurnool District since 1992 along with his brother and the petitioner and his brother are claimed to be in po...


Oct 03 2012

M/S.Ganesh Cotton Traders, Guntur, Rep. Vs. the General Manager, Uco B ...

Court: Andhra Pradesh

Decided on: Oct-03-2012

HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.28621 o03. 10.2012 M/s.Ganesh Cotton Traders, Guntur, rep. by its Proprietor. The General Manager, UCO Bank, Kolkata & others. For petitioner: Sri N. Nagaraju, Advocate. For Respondents: Sri E.Sambasiva Pratap, Advocate. : ?CITATIONS:1. 2010 (2) ALD (Crl.) 734 (SC) 2, AIR 198.KARNATAKA 23 C/15 ORDER : This writ petition is filed, seeking directions by way of Mandamus, declaring the action of respondents in freezing the account of the petitioner, as illegal and violative of Articles 19 and 21 of the Constitution of India. The petitioner, a proprietary concern, is engaged in cotton business. Petitioner is having business dealings with M/s.Lakshmi Ganesh Textiles (P) Ltd., Coimbatore in Tamilnadu. In the course of business transactions, M/s.Lakshmi Ganesh Textiles (P) Ltd. has issued a cheque bearing No.726190, dated 05.04.2012, for an amount of Rs.24,15,365/-, towards part payment for the purchases made by the said Firm from the ...


Oct 03 2012

Yeturu Sirish Reddy Vs. Sri P.Patahya Naik and 2 Others

Court: Andhra Pradesh

Decided on: Oct-03-2012

The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.20688 o03. 10-2012 Yeturu Sirish Reddy Sri P.Patahya Naik and 2 others ^Counsel for the petitioner: Sri Peri Prabhakar !Counsel for respondent No.3: GP for Cooperation : ?Cases referred: Order: This Writ Petition is filed for a Certiorari to quash Order, dated 08-02- 2012, in IA.No.197 of 2010 in OPSR.No.206 of 2010, on the file of the A.P.Co- operative Tribunal, Hyderabad (for short 'the Tribunal'). The petitioner claims to be a member of respondent No.2- Rajiv Co- operative House Building Society. He has filed the above-mentioned OP challenging the election held to the Managing Committee of respondent No.2. Along with the OP, the petitioner filed IA.No.197 of 2010 for condonation of delay of 400 days in filing the said OP. The Tribunal dismissed the said application, by holding that the petitioner failed to explain the delay caused in filing the said OP within the reasonable time after holding the election with cogent and s...


Oct 03 2012

M/S.Fizikem Laboratories Pvt. Ltd. and a Vs. the Drugs Inspector Nd An ...

Court: Andhra Pradesh

Decided on: Oct-03-2012

THE HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION Nos.6760of 2012 and Batch 03-10-2012 M/s.Fizikem Laboratories Pvt. Ltd. And another The Drugs Inspector and another Counsel for the Petitioners : Sri P.Gangaiah Naidu for Mr.Ambadipudi Satyanarayana Counsel for the Respondent: Public Prosecutor : : Cases referred:1. 1995(2) CRIMES 86 2. 1975 AIR (SC) 1002 = (1975)3 Supreme Court Cases 706 CRIMINAL PETITION Nos.6760, 6817, 6818, 6819, 6820, 6821, 6822, 6823, 6824, 6825, 6826, 6827, 6828, 6829, 6830, 6861, 6862, 6863, 6864 & 6865 of 2012 COMMON ORDER : The petitioners 1 and 2/A-1 and A-2 in these batch of criminal petitions are accused of offences punishable under Sections 27(b)(ii) 27(c), 27(d) and 28- B of the Drugs and Cosmetics Act, 1940(in short, the Act) for violation of Sections 18(c), 18(a)(i)/17(B)(d), 17(b) of the Act and Section 26-A read with S.No.56 of notification not GSR 578(E) dated 23.07.1983. A-1 is Fizikem Laboratories Private Limited, Tadigadapa...


Oct 03 2012

Sri Mallisetti Venkateswara Rao and Anot Vs. the Chief Commissioner of ...

Court: Andhra Pradesh

Decided on: Oct-03-2012

THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.24553 o03. 10.2012 Sri Mallisetti Venkateswara Rao and another The Chief Commissioner of Land Administration, A.P., Hyderabad and others. Counsel for petitioners: Smt.K.Hema Latha Counsel for Respondents 1 to 3 : GP for Revenue HEAD NOTE: ?Cases referred ORDER: The 1st petitioner is the husband of the 2nd petitioner. It is stated that the father of the 1st petitioner entered into an agreement dated 04.11.1969, with Sri MVSVK Appa Rao, to purchase Acs.36.92 cents of land in different survey numbers of Nuzvid Village, Krishna District, and that a sale deed was registered on 19.10.1982, covering a land of Acs.11.69 cents. Sri Appa Rao held vast extent of land and he submitted declaration under the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act. The Land Reforms Tribunal passed an order to the effect that the declarant is liable to surrender 3.7285 standard holdings of land. The land that was alienated to the family of the...


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