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Andhra Pradesh Court December 2012 Judgments

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Dec 10 2012

M/S Kiran Real Estates and Constructions @ Kiran Krishna Real Estates ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-10-2012

Oral Order: (R. Lakshminarsimha Rao, Member) 1. The opposite party is the appellant. 2. The facts of the case as narrated by the complainant are that the opposite party started venture for housing lay out in the name and style of M/s Kiran Krishna Real Estates at Jeevan Nagar, Visakhapatnam. As per the scheme the plot cost of `38,600/- has to be paid in 48 monthly instalments @ `400/- per month. The opposite party has to develop the housing lay out and obtain layout approval from the authorities concerned. The complainant joined as a member on 3.5.1991 by paying an amount of `400/- towards first instalment and paid instalments from 13.7.1991 till 9.6.1995. The opposite party allotted membership No.4037 to the complainant. The complainant paid the entire amount of `38,600/- by 9.6.1995. The opposite party did not develop the land into housing layout within the stipulated period. The complainant requested several times for development of the plots and the opposite party failed to do so. ...


Dec 10 2012

M. Raghupathi Reddy and Another Vs. Sri Penumatsa Varma

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-10-2012

(Smt. M. Shreesha, Honble Member) Aggrieved by the order in C.C.No.27/2011 on the file of District Forum, Vizianagaram, the opposite parties preferred this appeal. The brief facts as set out in the complaint are that the complainant submitted that one Mr.Ch.Rama Mohana Rao joined as a Member in the chit organised by 1st opposite party and participated in the auction and received the prize money and the complainant stood as guarantor along with two others. The complainant submitted that later the prized subscriber failed to pay the periodical amounts and opposite party No.1 filed a suit. The complainant submitted that he is also a Member in a chit for Rs.1,50,000/- and he participated in the auction for a bid loss of Rs.60,000/- and fulfilled all the requirements for payment of the said amount but the first opposite party retained the said amount and on verification came to know that the first respondent had deposited a sum of Rs.53,803/- after long time and in fact opposite party No.1 ...


Dec 07 2012

D. Sudhakar Vs. Panapu Sreenivasulu @ Evone Water Sreeni

Court: Andhra Pradesh

Decided on: Dec-07-2012

THE HON'BLE SRI JUSTICE N.V. RAMANA AND THE HON'BLE SRI JUSTICE P. DURGA PRASAD CRIMINAL APPEAL No. 619 o07. 12-2012. D. Sudhakar Panapu Sreenivasulu @ Evone Water Sreenivasulu and others. For the petitioner: Mr. A. Tulsi Raj Gokul For the Respondents:1. The Public Prosecutor for Respondent No.6 2)Sri M. Rama Rao for respondent Nos.1,3,4 an3. Mrs. D. Sangeetha Reddy, for respondent No.2. : ?CITATIONS:2001. Laws (Kerala) 844 Judgment: (Per Sri. N.V. Ramana, J.) The appellant, who claims to be the brother of the deceased has filed this criminal appeal against the judgment dated 30.11.2011, passed in S.C. No. 34 of 2009, acquitting the respondents-accused Nos. 1 to 5 for the offence punishable under Section 148 I.P.C. and respondents-accused Nos. 3 to 5 for the offences punishable under Section 302 r/w 149 I.P.C. The learned counsel for the appellant submitted that the appellant is the de facto complainant and he being the brother of the deceased and P.W.1 in the case, is a victim, and ha...


Dec 07 2012

Sadasiva Sri Educational Society, Karimn Vs. Gayathri Degree College, ...

Court: Andhra Pradesh

Decided on: Dec-07-2012

THE HON'BLE THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE AND THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR Writ Appeal No.1343 o7. 12.2012 Sadasiva Sri Educational Society, Karimnagar District. Gayathri Degree College, Yellareddypet Mandal,Karimnagar District and others. Counsel for the Petitioner: Sri N. Krishna Sumanth Counsel for Respondent No.1: Sri M.Ravindranath Reddy Counsel for Respondent No.2: Sri AGP for Higher Education Counsel for Respondent No.3: Sri C.Sudesh Anand Counsel for Respondent No.4: Sri Deepak Bhattacharjee : : ?Cases referred: A.I.R. 1976 Madhya Pradesh 76(1) A.I.R (39) 1952 SC 1.A.I.R. 1978 SC 85.Writ Appeal No. 1343 of 2012 Judgment: (per the Hon'ble the Acting Chief Justice Sri Pinaki Chandra Ghose) This writ appeal is directed against the order dated 3.9.2012 passed by the Hon'ble Single Judge in Writ Petition No. 19016 of 2012. The 1st respondent-writ petitioner filed the aforementioned writ petition before the Hon'ble Single Judge seeking for a writ i...


Dec 07 2012

M.Satyanaraya Vs. Asif Jha and 2 Other

Court: Andhra Pradesh

Decided on: Dec-07-2012

THE HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU SECOND APPEAL No.420 o07. 12-2012 M.Satyanarayana....Appellant Asif Jha and 2 others.... Respondents Counsel for the Appellants : Sri N.Ravi Prasad Counsel for the Respondents : Sri V.Srinivas : : ?Cases referred:1. 2009(4) ALT 1 (DB) 2) 2005(5) ALT 63.JUDGMENT : The unsuccessful plaintiff who lost the litigation in both the Courts below filed the second appeal. As the matter now stands, the suit filed by the plaintiff in the trial Court relates to one for perpetual injunction, recovery of possession and mandatory injunction. He seeks perpetual injunction in respect of 121 Sq. yds of site in S.No.57 and Plot No.172 at Sultanvalva village, H/o.Champapet, Saroornagar Mandal, Ranga Reddy District. He seeks mandatory injunction as well as delivery of possession of 11 sq. yards shown in B-schedule lying towards north-western side in plot No.172 in which the defendants have constructed a room. It is the plaintiff's case that he purchased A-s...


Dec 07 2012

Cable Corporation of India Limited,rep. Vs. A.P. Micro and Small Enter ...

Court: Andhra Pradesh

Decided on: Dec-07-2012

THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY Writ Petition No.25088 o07. 12-2012 Cable Corporation of India Limited,rep. by its CFO & Company Secretary, Mr. Surendra Khemka A.P. Micro and Small Enterprises Facilitation Council, Government of Andhra Pradesh,Commissionerate of Industries, A.P., Hyderabad and another Counsel for the petitioner: Sri C.R. Sridharan Counsel for respondents : Sri C. Kodandaram, Sr. Counsel : Citations:1. (2000) 3 SCC 64.2) (1882) 7 AC 34.3) (2010) 10 SCC 42.4) AIR 198.SC 100.5) (2011) 2 SCC 57.6) (2011) 2 SCC 78.7) (2011) 7 SCC 63.8) AIR 195.SC 8.9) AIR 196.SC 55.10) AIR 200.SC 393.11) (1986) 2 SCC 10.12)(2001) 9 SCC 27.13) AIR 196.SC 75.14) AIR 197.SC 20.15) AIR 197.AP 4.JUDGMENT: This writ petition is filed challenging the order dated 31-03-2012, passed by the A.P. Micro and Small Enterprises Facilitation Council (for short 'the Council'), 1st respondent herein, in a claim presented before it, by the 2nd respondent, against the petitioner, under Section 6...


Dec 06 2012

M/S.Truwood Pvt. Ltd., Visakhapatnam. Vs. the Commissioner of Central ...

Court: Andhra Pradesh

Decided on: Dec-06-2012

THE HON'BLE SRI JUSTICE GODA RAGHURAM AND THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO C.E.A.Nos.54; 56 o06. 12-2012 M/s.Truwood Pvt. Ltd., Visakhapatnam. The Commissioner of Central Excise & Customs,Visakhapatnam C.E.A.NO.56 OF 200.M/s.Alpine Panels Private Limited, Visakhapatnam....APPELLANT The Commissioner of Central Excise & Customs,Visakhapatnam....RESPONDENT HEAD NOTE: Counsel for the appellant:Sri Shiv Das ^Senior Standing Counsel for the Revenue : Sri A.Rajasekhar Reddy ?Cases referred 1 It is the admitted case of the parties that the said provisions were amended by substitution with effect from 01-06-2007 by Section 121 of the Finance Act, 2007 and the amended provisions do not apply to the facts of the case. 22004) 1 S.C.C. 287 C.E.A.Nos.54 and 56 of 2008 COMMON JUDGMENT (per Hon'ble Sri Justice M.S.Ramachandra Rao): The appellants in both these appeals filed under Section 35-G of the Central Excise Act, 1944 are assessees engaged in the manufacture of veneers, plywoo...


Dec 06 2012

Smt Nazneen P. Bapooji Rep by Her Gpa Sr Vs. the Ceo, Secunderabad Can ...

Court: Andhra Pradesh

Decided on: Dec-06-2012

THE HON'BLE SRI JUSTICE GODA RAGHURAM AND THE HONB'BLE SRI JUSTICE M.S RAMACHANDRA RAO WP Nos. 10050 of 2012 and Batch 6-12-2012 Smt Nazneen P. Bapooji rep by her GPA Sri K. J. Reddy The CEO, Secunderabad Cantonment Board and others Counsel for the petitioner: Sri S. Malla Rao Counsel for the Respondents: Sri Y.V. Ravi Prasad SC for respondent : : ?Cases referred: WP Nos. 10050,10359,23691,23692,23693 and 34562 of 2012 Common Order : ( per Hon'ble Sri Justice M.S. Ramachandra Rao) Heard Sri D. Prakash Reddy, learned Senior Counsel appearing for Sri S. Malla Rao, Counsel for petitioner in Writ Petition No.10050 of 2012, Sri Krishna Koundinya, learned Senior Counsel appearing for Sri K.Srikanth, counsel for petitioners in W.P.Nos.23691,23692,23693 of 2012, Sri Sunil Ganu, learned counsel representing on behalf of Sri M.Papa Reddy, counsel for the petitioner in W.P.No.10359 of 2012, Sri V.V.N.Narayana Rao, learned counsel for the petitioner in W.P.No.34562 of 2012 and Sri Y.V. Ravi Prasad...


Dec 06 2012

The State of Andhra Pradesh Represented Vs. T. Satyanaraya

Court: Andhra Pradesh

Decided on: Dec-06-2012

THE HON'BLE SRI JUSTICE R. KANTHA RAO CRIMINAL APPEAL No. 1450 o06. 12-2012 The State of Andhra Pradesh Represented by Inspector of Police, Anti-Corruption Bureau, Nellore Range, Nellore district ... Appellant-Complainant T. Satyanarayana... Respondent-Accused Counsel for the appellant: Sri Gani-a-Musa Spl.PP for ACB Cases Counsel for the respondent: Sri M.Venkatanarayana : : ?CITATIONS : JUDGMENT : This criminal appeal at the instance of Anti-Corruption Bureau is filed against the judgment dated 26-2-2005 passed by the Special Judge for Special Police Establishment and Anti-Corruption Bureau Cases, Nellore In CC.No. 6 of 1999 acquitting the respondent-accused of the offence punishable under section 7, 13 (2) read with section 13 (1) (d) of the Prevention of Corruption Act, 1988.2. The brief facts of the case as per the prosecution are the following: The respondent was working as Junior Assistant in District Youth Welfare Office [SETNEL] Nellore on the date of alleged offence. PW-1 Kas...


Dec 05 2012

Katta Ravi Prakasah Vs. the State of A.P. and Others.

Court: Andhra Pradesh

Decided on: Dec-05-2012

THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.17335 o05. 12.2012 Katta Ravi Prakasah The State of A.P. and others. Counsel for the petitioners: Sri Chalakani Venkat Yadav Counsel for respondent No.1: G.P. for Social Welfare ^Counsel for respondent Nos.2 and 3: G.P. for Revenue HEAD NOTE: Cases referred:1. (2012) 3 Supreme Court Cases 400 ORDER: The petitioner is the son of one late Gudiva Appala Narsamma, who was a Schedule Tribe, hailing from Konda Dora community. The father of the petitioner by name Sudhakar Rao is also said to be Konda Dora. In the transfer certificate issued to the petitioner by the Government Junior College, Araku, his caste was mentioned as Konda Dora. The mother of the petitioner intended to executed a deed of gift in favour of the petitioner donating an extent of Ac.0.50 cents of land in Survey No.86/1 in Yandapalli Village, Araku Mandal, Visakhapatnam District. The document was presented for registration before the Tahsildar, Araku Mandal, Visakh...


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