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Andhra Pradesh Court December 2012 Judgments

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Dec 31 2012

Cairn Energy India Pty Limited, Surasani Vs. Central Board of Excise a ...

Court: Andhra Pradesh

Decided on: Dec-31-2012

HONOURABLE SRI JUSTICE GODA RAGHURAM AND HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO W.P.No.1257 o31. 12.2012 Cairn Energy India Pty Limited, Surasaniyanam, Uppalaguptam Mandal. Central Board of Excise and Customs, New Delhi and 3 others. HEAD NOTE: Senior Counsel for Petitioner: Sri S,Ravi Senior Standing Counsel for the Central Government for the respondents: Sri A.Rajasekhar Reddy Cases referred 1 AIR 197.SC 154.2 AIR 199.SC 305.3 (2002) 140 ELT 5.(P&H) ORDER: (Per Hon'ble Sri Justice M.S.Ramachandra Rao) In this writ petition, the question to be decided is "whether in the absence of a provision for levy of interest for delayed payment of cess under the Oil Industry (Development) Act, 1974, the Revenue can apply the provisions of Section 11-AB of the Central Excise and Salt Act, 1944 and demand interest from the petitioner ".2. The petitioner is one of the four Joint Venture partners who together executed a Production Sharing Contract with the Government of India on 28....


Dec 31 2012

Balla Appa Rao Vs. Government of Andhra Pradesh, Rep. by It

Court: Andhra Pradesh

Decided on: Dec-31-2012

THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.35456 o31. 12-2012 Balla Appa Rao Government of Andhra Pradesh, Rep. by its Principal Secretary to Government, Higher Education Department,Secretariat, Hyderabad and others Counsel for the petitioner: Sri S. Sri Ram Counsel for respondents: Sri K.G. Krishna Murthy, Addl. A.G. Sri P. Ashok Goud, Ass. Sol. Gen. G.P. for Higher Education Dr.P.B. Vijay Kumar : ORDER: The post of Vice-Chancellor of Andhra University, the 2nd respondent herein, fell vacant on expiry of the term of the previous incumbent. As required under the A.P. Universities Act (for short 'the Act'), the Government of A.P., the 1st respondent, issued G.O.Rt.No.847, Department of Higher Education (UE.I), dated 30-10-2012, constituting a Search Committee, comprising of respondents 5, 6 and one, Mr.S.K. Joshi, Former Director General of CSIR, as nominee of University Grants Commission. The petitioner is a Professor in Department of Commerce and Management Studies of ...


Dec 31 2012

Raavi Satish Vs. the State of Andhra Pradesh, Represented

Court: Andhra Pradesh

Decided on: Dec-31-2012

HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.30526 of 2012 and batch (W.P.Nos.24468, 33025, 33461, 34075, 34099, 34545, 34905, 34965, 35338, 35441, 35473, 35598, 35737, 35868, 35997, 36084, 36430, 36471, 36859, 37359, 37906, 28461, 34231, 35505, 38844, 30016, 32176, 33370, 33453, 33535, 33923, 34535, 34596, 34604, 34898, 34959, 35476, 35483, 36918, 36937, 37291, 38067, 39740, 37607, 33282, 33267, 33272, 33872, 34254, 34969, 34523, 35257, 35166, 27915, 32179, 32408, 33956, 34197, 34202, 34513, 34521, 34544, 34559, 34611, 34732, 34820, 34821, 34828, 34830, 35019, 35058, 35156, 35499, 36083, 31426, 32030, 32055, 34774, 35043, 35344, 35559, 35808, 38385, 32690, 33218, 33442, 35225, 34018, 34635, 34662, 35110, 35144, 35165, 35183, 35235, 38221 and 38231of 2012) 31-12-2012 W.P.No.30526/2012 Raavi Satish The State of Andhra Pradesh, Represented by its Principal Secretary, Revenue (Registration & Stamps) Department, Secretariat, Hyderabad and others HEAD NOTE: Counsel for petitioner : S...


Dec 31 2012

Dasari Sainath, S/O.Krishnaiah, Hindu, a Vs. Mareddy Bujanga Bhushanam ...

Court: Andhra Pradesh

Decided on: Dec-31-2012

HON'BLE SRI JUSTICE K.G.SHANKAR Second Appeal No.544 o31. 12-2012 Dasari Sainath, S/o.Krishnaiah, Hindu, Aged about 47 years, residing at Nawabpet, Nellore and another... Appellants/Defendants 3 and 4 Mareddy Bujanga Bhushanam (Died)... Respondent/Plaintiff No.2 Mareddy Parvathamma and 5 others... Respondents/LRs of Plaintiff No.2 Counsel for the appellants: Sri J.Ugra Narasimha Counsel for the Respondents: Sri K.R.Sasidharan Nair : ?Cases referred:1. AIR 197.ANDHRA PRADESH 33 2. AIR 197.ANDHRA PRADESH 18 3. AIR 196.MADRAS 36 Judgment: The only question of law that arises for consideration in the second appeal is the interpretation of Section 15 of the Hindu Succession Act, 1956 (the Act, for short). The suit was laid by the 1st plaintiff seeking for a declaration of her title to the plaint 'B' schedule property, for recovery of possession of the same and other ancillary reliefs. During the pendency of the suit, the 1st plaintiff died. After the death of the 1st plaintiff, the 2nd plai...


Dec 31 2012

D. Sudershan Vs. the State Represented by the Dy. Superin

Court: Andhra Pradesh

Decided on: Dec-31-2012

HON'BLE SRI JUSTICE R. KANTHA RAO CRIMINAL APPEAL No. 1729 o31. 12-2012 D. Sudershan The State Represented by the Dy. Superintendent of Police, Anti-Corruption Bureau, Warangal Range. Warangal. Counsel for the appellant: Sri B. Venkata Ratnam Counsel for the respondents: Sri R. Ramchandra Reddy Spl.Standing Counsel for ACB : : ?CITATIONS : JUDGMENT : This Criminal Appeal is filed against the judgment dated 29-10-2005 passed by the Special Judge for SPE & ACB Cases, City Civil Court, Hyderabad in CC.No. 14 of 2001 whereby and whereunder the appellant-sole accused was convicted for the offence under section 7 and 13 (1) (d) of the Prevention of Corruption Act, 1988 and was sentenced to undergo Rigorous Imprisonment for one year for the offence under section 7 of the Act and also to pay a fine of Rs.1000/- and in default to undergo simple imprisonment for three months and also sentenced to undergo Rigorous Imprisonment for two years for the offence under section 13 (1) (d) of the Act ...


Dec 31 2012

Novopan India Ltd Vs. the Commissioner of Income Tax, A.P. Hyd

Court: Andhra Pradesh

Decided on: Dec-31-2012

THE HON'BLE SRI JUSTICE GODA RAGHURAM AND THE HONB'BLE SRI JUSTICE M.S RAMACHANDRA RAO RC No.58 o31. 12-2012 Novopan India Ltd The Commissioner of Income Tax, A.P. Hyderabad and others Counsel for the petitioner : Counsel for the Respondents: : : ?Cases referred:1. AIR 196.SC 125.2 Sub sections (3A) to (3D) of Section 37 were omitted by the Finance Act, 1985 with effect from 1.4.1986. Order : ( Per Sri MSR, J ) This Reference has been made by the Income Tax Appellate Tribunal, Hyderabad-A Bench, Hyderabad under Section 256 (1) of the Income Tax Act, 1961 ( for short "the Act") for the opinion of this Court on the following question of law arising out of its order dated 13.10.1995 in ITA No.687/Hyd/91 for the assessment year 1985-86 i.e. "Whether on the facts and in the circumstances of the case, the Hon'ble Income Tax Appellate Tribunal, Hyderabad is correct in holding that the daily allowance paid to the employees would partake the character of hotel expenses for the pu...


Dec 31 2012

The Peson In-charge, Mechtech Engineers and Another Vs. L. Chalapathi ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-31-2012

Oral Order: (Sri R.Lakshminarasimha Rao, Honble Member) 1. The opposite parties are appellants. They have assailed the order of the District Forum by way of filing the appeal contending that the District Forum has not considered their contention while passing the impugned order and believed the uncorroborated version of the respondent as gospel truth and it has not considered the fact that the respondent has not filed his affidavit. 2. It is contended that there is no nexus between the appellants and the respondent. Further, it is contended that the District Forum has granted reliefs which were not sought for by the respondent and that the respondent is not a consumer and he has been using the machine for commercial purpose. It is contended that the appellants sold the stone crusher to M/s Ratna Granites and not to the respondent. Further, it is contended that the appellants have no branch office within the jurisdiction of the District Forum and the respondent had not obtained the perm...


Dec 31 2012

A. Bhumanna Vs. Dr. Vidyasagar and Another

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-31-2012

Oral Order: (Sri R.Lakshminarasimha Rao, Honble Member) 1. The complaint is filed seeking compensation against the opposite parties no.1 and 2 a sum of `50,00,000/- with interest @24% p.a. and costs. 2. The averments of the complaint are that the complainant, a government school teacher was proceeding as pillion rider on a Motor Cycle on 21.07.2006 which met with an accident resulting in injury and swelling to the complainants left knee for treatment of which he consulted a local doctor who treated him for two days and thereafter the complainant attended to his duties. In the month of August,2006 the complainant consulted twice Dr.Kauliah and once Dr.Hari Prasad and he was relieved of the pain. On 31.12.2006 the complainant had been to Shirdi and on 4.01.2007 he experienced pain in his left knee and when he consulted Dr.Hari Prasad at Nizamabad he advised the complainant to do some physiotherapy exercise and consult a knee specialist. The complainant had done the physiotherapy exercise...


Dec 31 2012

Cdr Good Health Club Rep. by Its Chairman, Dayakar Reddy Vs. C. Ranga ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-31-2012

Oral Order: (Sri S.Bhujanga Rao, Honble Member) The appeal is directed against the order dated 28-1-2011 made in C.C.No.313/2010 on the file of District Forum-III, Hyderabad. For the sake of convenience, the parties are described as arrayed in the complaint. The brief case of the complainant as set out in the complaint is that the complainant joined as a member in the scheme floated by the opposite party by depositing Rs.20,000/- for a period of 5 years. Apart from that opposite party had issued 4 health cards in the name of the complainant and his family members to avail medical benefits at discount rates to him and his family members. The amount refundable after maturity period is Rs.40,220/-. As per the terms of the said deposit, after lapse of 5 years period i.e. on 14-2-2008, the opposite party is liable to pay the maturity amount of Rs.40,220/- to the complainant. After lapse of 5 years period, the complainant approached the opposite party and requested for repayment of the afore...


Dec 31 2012

Koganti Atchuta Rao and Another Vs. Koganti Triven, Rep by His Mother ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-31-2012

Oral Order: (Sri S. Bhujanga Rao, Honble Member) This is an application filed by the petitioners/appellants/opposite parties seeking condonation of delay of 1197 days in filing the appeal against the order dated 06.04.2009 of the District Consumer Forum-II, Vijayawada, Krishna District made in CC.No.18/2009. The respondent herein filed the complaint in CC.No.18/2009 against the petitioners herein seeking direction to pay a sum of Rs.14,96,915/- with interest stating that the petitioners lured him to make deposits. Believing their words he has made certain deposits under various deposit bonds. All the deposits are matured. In spite of that the petitioners have not chosen to pay the matured amount. An exparte order was passed in the above C.C. directing the petitioners herein to pay Rs.14,97,914/- along with interest at 12% per annum from the date of filing of the complaint till the date of realization and to pay costs of Rs.2,000/- to the complainant. Aggrieved by the said order, the p...



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