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Andhra Pradesh Court October 2012 Judgments

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Oct 18 2012

G.N.Murthy and 17 Others Vs. Kakatiya University and Another

Court: Andhra Pradesh

Decided on: Oct-18-2012

THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO. 18640 OF 199.18.10.2012 G.N.Murthy and 17 others Kakatiya University and another Counsel for the petitioners: Mr.P.R.Prasad Counsel for the respondents: Mr.Deepak Bhattacherji,Standing Counsel : CITATIONS:1. AIR 199.SC 275.2 (2010) 2 SCC 1.3 AIR 199.SC 130.4 (2008) 9 SCC 28.5 (2003) 8 SCC 43.ORDER: The writ petitioners, who are all non-teaching staff members, have all retired from the service of the 1st respondent - Kakatiya University on attaining the age of superannuation of 58 years on various dates. However, they seek a writ of mandamus to direct the respondent - University to treat the petitioners to have continued in service of the respondent University till they attained the age of 60 years and on that basis accord all consequential benefits including payment of salary and allowances as also terminal benefits, in accordance with law declared by the Supreme Court in the judgment rendered in CA No. 1107-08/1990 and Civ...


Oct 18 2012

Sri K.Bhaskar Reddy and Others Vs. Ahmed WaseemuddIn and Another.

Court: Andhra Pradesh

Decided on: Oct-18-2012

THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.948 o18. 10.2012 Sri K.Bhaskar Reddy and others Ahmed Waseemuddin and another. Counsel for petitioners: Sri R.Pavan Reddy Counsel for Respondent No.2: Sri M.A.K. Mukheed HEAD NOTE: ?Cases referred ORDER: The 1st respondent filed O.S.No.56 of 2007 before the A.P. State Wakf Tribunal, Hyderabad, against the petitioners and the 2nd respondent for the relief of recovery of possession of an extent of Ac.1.31 guntas of land in survey No.210 of Ibrahim Bagh, Golkonda Mandal, Hyderabad, from the petitioners and for delivery of the same to respondent No.2 and for perpetual injunction, against the petitioners herein. On receipt of summons in the suit, the petitioners entered appearance and filed a written statement. However, the Tribunal decreed the suit through judgment dated 31.10.2009. The petitioners filed an application under Order IX Rule 13 C.P.C., with a prayer to set aside the ex parte decree. Since there was a delay of...


Oct 18 2012

Kosuru Dhanalakshmi and Others. Vs. Mungara Ram Prasad Reddy and Anoth ...

Court: Andhra Pradesh

Decided on: Oct-18-2012

THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.3859 o18. 10.2012 Kosuru Dhanalakshmi and others. Mungara Ram Prasad Reddy and another. Counsel for the petitioners : Sri M.Ravindranath Reddy Counsel for respondent No.1 : Sri P.Ganga Rami Reddy HEAD NOTE: ?Cases referred: ORDER: The petitioners and the 2nd respondent herein filed O.S.No.84 of 1989 in the Court of I Additional Senior Civil Judge, Nellore, for the relief of specific performance of an agreement of sale dated 19.09.1982 against the 1st respondent herein. It was pleaded that suit schedule property was agreed to be sold for a sum of Rs.50,000/- and that initially a sum of Rs.7,000/- was paid as advance and thereafter, balance was paid by the 1st plaintiff i.e., 2nd respondent herein. Though in the plaint, it was pleaded that the possession of the property was delivered to them, mentioning that they lost the possession of the property after filing of the suit, the petitioners filed I.A.No.515 of 2006 for a...


Oct 18 2012

The Executive Engineer (Housing) Office of the Executive Engineer West ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Oct-18-2012

Order (Smt.M.Shreesha, Honble Member) Aggrieved by the order in CC 41/2009 on the file of District Forum, Ranga Reddy District, the opposite parties preferred this appeal. The brief facts as set out in the complaint are that the complainant submitted an application to the opposite parties for allotment of a plot under Phase XV at Kukatpally on payment of 30% of the tentative cost on the condition that the agreement of sale will be executed after the payment of 30% cost, plot numbers will be assigned by drawal of lots and the balance of 70% tentative cost is payable in 40 quarterly instalments. The complainant submits that he paid Rs.27,000/- towards 30% cost of the tentative price of Rs.90,000/- per plot. A draw was held on 18-7-2001 and the complainant was allotted plot No.65/HIG. The revised tentative cost was fixed at Rs.2,03,000/- and he paid the balance of Rs.33,900/- towards 30% of the revised cost of the plot. On 23/30-4-2007 the complainant received a letter intimating the fina...


Oct 17 2012

M/S. Sponge Iron India Limited Represented by Its Chairman-cum-managin ...

Court: Andhra Pradesh

Decided on: Oct-17-2012

Common Judgment: (C. Praveen Kumar) The writ appeals are directed against the order dt. 29-4-2008 passed by the learned single Judge in Writ Petition No.15090/2005 wherein and whereunder a letter dt. 4-2-2005 issued by the respondent in writ petition (M/s. Sponge Iron India Ltd., Hyderabad) was questioned on the ground that it is violative of Arts.14,16,21 and 300-A of the Constitution of India. 2. For the sake of convenience the parties herein are referred to as they are arrayed in the writ petition. 3. The writ petitioner joined the service of the respondent-company on 14-11-1979 as Assistant Engineer and worked in the said organisation for nearly 22 years. On attaining superannuation, he retired from service of the respondent-company on 29-6-2002 as Senior Executive. On 16-8-2002 revision of wages were introduced in the company with effect from 1-1-1997. Claiming arrears, in view of wage revision, the writ petitioner approached the authorities by way of a representation dt. 18-1-200...


Oct 17 2012

Korra Govardhan Vs. State of A.P. Rep. by Public Prosecutor

Court: Andhra Pradesh

Decided on: Oct-17-2012

N.V. Ramana, J. This criminal appeal is directed against the judgment dated 29.03.2008, passed by the VII Additional District and Sessions Judge (Fast Track Court), Visakhapatnam, in S.C. No. 78 of 2008, convicting the appellant-accused for the offence under Section 302 I.P.C. and sentencing him to suffer imprisonment for life and to pay fine of Rs.1,000/-, in default to suffer rigorous imprisonment for three months. The case of the prosecution in brief is that the accused and the deceased are husband and wife. They were married about 13 years back. They were blessed with two daughters and one son. They were living in Jamiguda village and eking out their livelihood by doing cultivation. Mattam Babu Rao (L.W.1), the brother, Mattam Landa (L.W.3), the father and P.W.2, the mother of the deceased are also residentis of Jamiguda. The accused suspected the fidelity of the deceased. Since two months prior to the incident, disputes took place between the accused and the deceased frequently. O...


Oct 17 2012

A.V. Venugopal Rao Vs. the Registrar, Andhra University and Others

Court: Andhra Pradesh

Decided on: Oct-17-2012

The action of the respondents in not issuing LL.M Provisional Certificate to the petitioner is questioned in this writ petition. The petitioner who retired as Deputy Executive Engineer appeared in PGLCET-2007 and qualified for being admitted into LL.M (Two Year) Course. Accordingly, he has joined LL.M (Business Law) in Dr.B.R.Ambedkar College of Law, Andhra University, Visakhapatnam in the year 2008 and has completed the Course. When he applied for Provisional Certificate, he was denied the same by the respondents on the ground that in two subjects, namely, Legal Education and Research Methodology and Law of Export - Import Regulations, in II Semester, he did not get 40% of marks in the theory components of the said two papers. Questioning this action, he has filed this writ petition. I have heard Sri P.Bala Krishna Murthy, learned counsel representing the petitioner, and Dr.P.B.Vijay Kumar, learned Standing Counsel for Andhra University appearing for the respondents. On a careful peru...


Oct 17 2012

ilandfs Engineering and Construction Company Limited Vs. Wardha Power ...

Court: Andhra Pradesh

Decided on: Oct-17-2012

This petition is filed by ILandFS Engineering and Construction Limited, (hereinafter called the “petitioner”), under Sections 391 to 394 read with Sections 78, 100 to 104 of the Companies Act, seeking sanction of this Court for the scheme of arrangement between them and their shareholders and creditors. 2. The petitioner was incorporated on 06.05.1988 as a Private Limited Company under the name and style of “Satyam Construction Private Limited”. On its conversion into a Public Limited Company, its name was changed to “Satyam Construction Limited” on the 1st of July, 1993. Its name was again changed to ‘Maytas Infra Limited’ on 09.02.2007 and, thereafter, its name has now been changed to its present name. The registered office of the petitioner is situated at Hyderabad. The objects of the petitioner company is to take over the business, carried on by “Satyam Construction Company Limited”, as a going concern with all its existin...


Oct 17 2012

Korra Govardhan Vs. State of A.P. Rep. by Public Prosecutor,

Court: Andhra Pradesh

Decided on: Oct-17-2012

THE HONOURABLE SRI JUSTICE N.V. RAMANA AND HONOURABLE SRI JUSTICE B.N. RAO NALLA Criminal Appeal No. 1423 o17. 10-2012 Korra Govardhan State of A.P. rep. by Public Prosecutor, High Court of A.P., Hyderabad. Counsel for the Appellant: Smt K. Lalitha Counsel for the Respondent: Public Prosecutor HEAD NOTE: ?Cases referred 1997 SCC (Crl) 685 Judgment: (Per Sri N.V. Ramana, J) This criminal appeal is directed against the judgment dated 29.03.2008, passed by the VII Additional District and Sessions Judge (Fast Track Court), Visakhapatnam, in S.C. No. 78 of 2008, convicting the appellant-accused for the offence under Section 302 I.P.C. and sentencing him to suffer imprisonment for life and to pay fine of Rs.1,000/-, in default to suffer rigorous imprisonment for three months. The case of the prosecution in brief is that the accused and the deceased are husband and wife. They were married about 13 years back. They were blessed with two daughters and one son. They were living in Jamiguda villa...


Oct 17 2012

V. Muragesh Vs. the Collector and District Magistrate,chit

Court: Andhra Pradesh

Decided on: Oct-17-2012

THE HON'BLE SRI JUSTICE N.V.RAMANA AND THE HON'BLE SRI JUSTICE P.DURGA PRASAD WRIT PETITION No.28654 o17. 10.2012 V. Muragesh The Collector & District Magistrate,Chittoor, Chittoor District, and two others. Counsel for the Petitioner: MR.C. Masthan Naidu Counsel for the Respondents: The Advocate General HEAD NOTE: Cases referred 1 (1988) 1 SCC 28.2 (1990) 2 SCC 1 O r d e r: (Per Sri. N.V. Ramana, J.) The petitioner, who claims to be the son of the detenu, namely Vepagunta Nagaiah, who is now detained in Central Prison, Cherlapally, has filed this writ petition praying the Court to issue a Writ of Habeas Corpus, directing the respondents to produce the detenu before this Court and set him at liberty forthwith. The Divisional Forest Officer, Wild Life Management Division, Tiruputi, informed respondent No.1, namely the Collector and District Magistrate, Chittoor (hereinafter referred to as 'the Detaining Authority') that the detenu since last seven years has been committing forest off...


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