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Andhra Pradesh Court November 2012 Judgments

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Nov 19 2012

Chandrammagari Tippeswamy and Another Vs. the District Registrar,stamp ...

Court: Andhra Pradesh

Decided on: Nov-19-2012

THE HONOURABLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.32889 o19. 11-2012 Chandrammagari Tippeswamy and another The District Registrar,Stamps and Registration Department,District Registrar's Office, Anantapur, and another. Counsel for Petitioners: Sri N. Aswartha Narayana Counsel for Respondents: AGP for Revenue. HEAD NOTE: ?CITATIONS: ORDER: This writ petition is filed for a Mandamus to declare the action of respondent No.2 in not entertaining the gift deed sought to be presented by petitioner No.2 for registration, as illegal and arbitrary. Petitioner No.2 is the assignee of the land admeasuring Ac.5.20 cents in Survey No.205-3 of Yatakallu Village, Setturu Mandal, Anantapur District. Intending to gift the said property in favour of petitioner No.1, who is no other than her own son, petitioner No.2 sought to present the gift deed before respondent No.2 for registration. As respondent No.2 has not received the said document on the ground that the same is an assigned land, the...


Nov 19 2012

M/S.Siddeshwara Trading Company Vs. the District Manager, Food Corpora ...

Court: Andhra Pradesh

Decided on: Nov-19-2012

THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.943 o19. 11.2012 M/s.Siddeshwara Trading Company The District Manager, Food Corporation of India, Near Karimnagar Bus Stand,Karimnagar and others ^Counsel for the Petitioner: Sri A.Prabhakar Rao !Counsel for respondents: Smt.Chintalapudi Lakshmi Kumari Head note: ?Cases referred:1. (2009) 16 SCC 72.ORDER: This writ petition is filed for a mandamus to declare the action of the respondents in deducting a sum of Rs.1,07,791/- from out of Rs.5,00,933/- covered by bill bearing No.14400, dated 15.12.2009, payable to the petitioner towards the recovery of amount payable by M/s.Mayur Traders, Huzurabad C/o.Omkar Modern Rice Mill as illegal and arbitrary. I have heard Sri A.Prabhakar Rao, learned counsel for the petitioner, and Smt.Chintalapudi Lakshmi Kumari, learned Standing Counsel representing the respondents. The petitioner averred that it is a proprietary concern belonging to the deponent of the affidavit, by name, Smt.N.Sujatha,...


Nov 19 2012

The United India Insurance Co.Ltd., Wara Vs. Myadada Latha and 7 Other ...

Court: Andhra Pradesh

Decided on: Nov-19-2012

THE HON'BLE SRI JUSTICE B. CHANDRA KUMAR M.A.C.M.A.No.256 o19. 11.2012 The United India Insurance Co.Ltd., Warangal Myadada Latha and 7 others Counsel for the Appellant: Sri A.Rama Krishna Reddy Counsel for the Respondents 1 to 6 : Sri V.Rama Chandra Rao Counsel for the Respondents 7 and 8: --- : : ?Cases referred:1. 1998 ACJ 12.2. 2004 ACJ 128.3. 2002(6) ALD 13.(DB) 4. 2004 ACJ 93.5. 2012 ACJ 106.6. 2003(5) ALD 12.(DB) 7. 2003(6) ALD 18.(DB) 8. 2003 ACJ 37.9. 2009 ACJ 7.10. 2008(4) ALD 1(SC) 11. 2009 ACJ 21.12. (2009) 6 Supreme Court Cases 121 JUDGMENT: The United India Insurance Co. Ltd., represented by its Manager, who is the third respondent before the Motor Vehicle Accidents Claims Tribunal-cum-District Judge, Karimnagar (for short 'the Tribunal), filed this appeal challenging the Award dated 09.06.2011 in O.P.No.574 of 2008. The parties will be referred to as arrayed before the Tribunal for the sake of convenience. The brief facts of the case are as follows: On 23.04.2008, Myada...


Nov 19 2012

Walia and Co. (Randm;) Group-a,represented by Vs. the Commissioner,inf ...

Court: Andhra Pradesh

Decided on: Nov-19-2012

HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.Nos.19943; 19977 o19. 11-2012 W.P.No.19943/2012 Walia & Co. (R&M) Group-A,Represented by its authorized representative M. Satyanarayana, Hyderabad The Commissioner,Information & Public Relations Dept,Hyderabad and 2 others Counsel for petitioner : Sri D. Prakash Reddy for Smt. G. Vijaya Lakshmi Counsel for respondent No.1 : -- Counsel for respondent Nos.2 & 3 : G.P. for Panchayat Raj Counsel for respondent No.4 : Sri P. Veera Reddy W.P.No.19977/2012 Janahitha Publicities (P) Ltd.,Represented by its Director G.M. Rama Krishna, Hyderabad The Commissioner,Information & Public Relations Department, Hyderabad and 3 others.. Respondents Counsel for petitioner : Sri D. Prakash Reddy for Smt. G. Vijaya Lakshmi Counsel for respondent No.1 : -- Counsel for respondent Nos.2 & 3 : G.P. for Panchayat Raj Counsel for respondent No.4 : G.P. for General Administration Counsel for respondent No.5 : Sri P. Veera Reddy ?CASES REFERRED: ...


Nov 16 2012

Kotte Mining Industries Represented by I Vs. the Government of Andhra ...

Court: Andhra Pradesh

Decided on: Nov-16-2012

THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION No.29812 o16. 11.2012 Kotte Mining Industries represented by its Managing Partner Mr.Kotte Bhaskhar The Government of Andhra Pradesh and others. Counsel for petitioner: Smt.N.Shoba Counsel for Respondents 1, 3 & 4 : GP for Mines and Geology Counsel for Respondents 2 & 5 : GP for Revenue HEAD NOTE: ?Cases referred ORDER: The petitioner is a Partnership Firm and one of its activities is to undertake mining operations. It is stated that the petitioner owns Acs.28.00 of land in survey Nos.188, 692, 693 and 697 of Thamminapatnam Village, Chillakur Mandal, Nellore District. There are deposits of silica sand upon the land. The petitioner submitted an application, on 03.06.2009, before the Deputy Director of Mines and Geology, with a request to grant mining lease for quarrying the silica sand. G.O.Ms.No.181, dated 28.05.1998, issued by Industries and Commerce Department directs that a mining lease can be granted, in respect of any ...


Nov 16 2012

M.Janardhan Vs. State of A.P. Rep. by Its Pp Acb Cases

Court: Andhra Pradesh

Decided on: Nov-16-2012

THE HON'BLE MR JUSTICE R. KANTHA RAO Crl.A.No.1378 o16. 11.2012 M.Janardhan State of A.P. rep. by its PP ACB Cases Counsel for the Appellant: Sri G.V.Shivaji Counsel for respondent: Sri R.Ramachandra Reddy, Standing Counsel for ACB Cases HEAD NOTE: ?Cases referred: JUDGMENT: This appeal is filed at the instance of the accused in C.C.No.10 of 1999 on the file of the Court of Principal Special Judge for SPE and ACB cases-cum-IV Additional Chief Judge, City Civil Court, Hyderabad against the judgment dated 31.08.2005 convicting the appellant for the offences punishable under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 (for short the Act) and sentencing him to undergo rigorous imprisonment for one year for the offence under Section 7 of the Act and to pay fine of Rs.1,000/- and also further sentencing him to undergo rigorous imprisonment for two years for the offence under Section 13(2)(1) of the Act and to pay fine of Rs.2,000/-.2. The indictment agai...


Nov 16 2012

Syed Siddiq Ahmed,s/O. Syed Sayeed, R/O. Vs. the State of A.P.,rep.by ...

Court: Andhra Pradesh

Decided on: Nov-16-2012

HON'BLE SRI JUSTICE K.G. SHANKAR Crl. Petition No.8106 o16. 11.2012 Syed Siddiq Ahmed,S/o. Syed Sayeed, r/o.H.No.8-2-50,Azam Road, Behind Head Post Office,Nizamabad. The State of A.P.,rep.by its Pubic Prosecutor,High Court Buildings, Hyderabad, Through Nizamabad Town-II P.S., and another Counsel for the Petitioner: M. Subba Reddy Counsel for the Respondents: Addl. Public Prosecutor for R-1 Smt. D. Sangeetha Reddy for R-2 : ?Cases referred:1. 1992 Crl. L.J.2231 2.1998 SCC (Crl.3. ALL MR. (Crl.4. 1998 Crl.L.J.NOC 9.(Kerala) ORDER: The reversing of the order of the learned I Additional Judicial First Class Magistrate, Nizamabad in Crl.M.P.No.2372 of 2009, dated 22.12.2009, through orders in Crl. Revision Petition No.5 of 2010, dated 20.07.2010 by the II Additional Sessions Judge [Fast Tract Court (FTC)], Nizamabad is assailed by the respondent before the learned Additional Judicial First Class Magistrate.2. The petitioner was the respondent in Crl.M.P.No.2372 of 2009 and Crl. Revision Pet...


Nov 16 2012

The New India Assurance Co. Ltd.,rep. by Vs. Siddarapu Gangaiah (Died ...

Court: Andhra Pradesh

Decided on: Nov-16-2012

HON'BLE SRI JUSTICE K.G.SHANKAR M.A.C.M.A.No.3250 of 2011 and M.A.C.M.A(SR).No.31192 o16. 11-2012 The New India Assurance Co. Ltd.,Rep. by Divisional Manager, Divisional Office, Kadapa City, Kadapa District Siddarapu Gangaiah (Died per L.Rs)Siddarapu Rambabu and 2 others Counsel for the appellant: Smt. A.Jayanthi Counsel for respondents 1 to 4: Sri K.Ramachandra Reddy Counsel for respondent No.5: None : : Cases referred:1. (2004) 3 SCC 29.2. 2012 (3) ALT 49.3. (2006) 4 SCC 25.4. (2009) 11 SCC 35.5. (2008) 1 SCC 69.6. 2009 (3) ALD 61.7. (2009) 5 SCC 13.Common Judgment: This common judgment disposes of M.A.C.M.A. No.3250 of 2011 as well as M.A.C.M.A(SR).No.31192 of 2012. M.A.C.M.A.No.3250 of 2011 is laid by the 2nd respondent in M.V.O.P.No.771 of 2008 on the file of the Chairman, Motor Accident Claims Tribunal cum III Additional District Judge (Fast Track Court), Rajampet, Kadapa District (the Tribunal, for short). The claimants 2 to 4 therein preferred M.A.C.M.A(SR). No.31192 of 2012. T...


Nov 15 2012

Chaluvadi Murali Krishna and Another Vs. District Legal Service Author ...

Court: Andhra Pradesh

Decided on: Nov-15-2012

HON'BLE SRI JUSTICE V. ESWARAIAH AND HON'BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.22717 o15. 11-2012 Chaluvadi Murali Krishna and another District Legal Service Authority, Prakasam District, Ongole, rep. by its 1st Additional District Judge cum Presiding Judge, Prakasam District, and others. Counsel For the Petitioners: Sri P.V. Krishnaiah Sri Kotagiri Sreedhar Counsel For Respondent Nos.2 to 14: Sri T. Sreedhar : Head Note : CITATIONS :1. (2005) 6 SCC 47.2. (2012) 2 SCC 5.3. (2008) 2 SCC 66.4. 2010 (1) ALD 27.DB ORDER: (per Hon'ble Sri Justice Noushad Ali) 1. Award passed by the District Legal Services Authority, Prakasam District, the 1st respondent herein, dated 18.05.2011 in PLC No.657/2011 in Lok Adalat Case No.870/2011, resolving the dispute based on the compromise arrived at between the petitioners and respondents 2 and 3 herein, is under challenge in this writ petition.2. Several cases are coming up before this Court invoking the extraordinary jurisdiction of this Court und...


Nov 15 2012

Pagadala Bharathi and Another Vs. J.Radha Krishna

Court: Andhra Pradesh

Decided on: Nov-15-2012

THE HON'BLE SRI JUSTICE N.R.L. NAGESWARA RAO SECOND APPEAL No.1459 OF 200.15.11.2012 Pagadala Bharathi and another J.Radha Krishna Counsel for the Appellants: Counsel for the Respondent: JUDGMENT:- The defendants in O.S.No.21 of 1994 on the file of the Court of Senior Civil Judge, Srikalahasti, are the appellants herein.2. The suit was filed for declaration of title and for injunction with regard to item No.1 and for recovery of possession of item No.2.3. The allegations in the plaint go to show that the schedule property belonged to one K.V.G. Murthy having purchased item No.1 from one P.Subba Rao and item No.2 was assigned by the Government. The plaintiff is the brother's son of the said K.V.G. Murthy, who executed a Will on 30.09.1992 bequeathing the schedule properties to the plaintiff and died on 08.10.1992. The plaintiff got possession of item No.1. The 1st defendant is the wife of the second defendant and they have no right over the schedule property. The 1st defendant is an orp...


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