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Andhra Pradesh Court February 2012 Judgments

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Feb 22 2012

Ms. Integrated Broadcasting Company Pvt Vs. Ms Nettlinx Ltd, Hyderabad

Court: Andhra Pradesh

Decided on: Feb-22-2012

COMMON ORDER: 1. Company Petition No.209 of 2010 was filed by M/s. Nettlinx Ltd, (a company registered under the Companies Act having its registered office at Hyderabad), under Section 433(e) and (f), 434(1)(a) and 439 of the Companies Act, 1956 read with Rule 95 of the Company (Court) Rules, 1959 for winding up of M/s. Integrated Broadcasting Company Pvt. Limited (I-News) having its registered office at Hyderabad. Notice before admission was ordered on 23.11.2010 and, despite service of notice, none appeared for the respondent company. This Court, after hearing the Counsel for the petitioner company and having perused the petition and the documents enclosed thereto held, in its order dated 11.4.2011, that the material brought on record established that the respondent company became indebted to the petitioner company to a tune of Rs.81,86,349/- as on the date of filing of the petition and, despite service of statutory notice, it did not liquidate the liability. This Court further held ...


Feb 22 2012

M/S. Integrated Broadcasting Company Pvt Vs. M/S Nettlinx Ltd, Hyderab ...

Court: Andhra Pradesh

Decided on: Feb-22-2012

THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN COMPANY APPLICATION No.1537 of 2011 AND COMPANY APPLICATION No.1538 of 2011 IN COMPANY PETITION No.209 OF 201.22-02-2012 M/s. Integrated Broadcasting Company Pvt. Ltd, Hyderabad M/s Nettlinx Ltd, Hyderabad Counsel for the Petitioner: Sri B.V.Subbaiah Counsel for the Respondent: Sri Chetluri Sreenivas Cases referred:1. (1986) 1 SCC 26.2) (1964) 4 SCR 9.3) (2009) 3 SCC 52.4) 1993 Supp (4) SCC 59.5) AIR 195.Ca6. AIR 194.Pa7. AIR 194.Na8. ILR (1926) 1 Luc9. ILR (1929) 4 Luc10. ILR (1932) 7 Luc11. 1955 Ker-LT 45.12) (1996) 5 SCC 55.13) (2010) 10 SCC 55.14) 1991 (70) Company Cases 197 (Punjab and Haryana High Court) 15) 1986 (59) Comp Cas 876 (Punjab and Haryana High Court) 16) 1971 (41) Comp Cas 548, (Madras High Court) 17) (1981) 51 Comp Cas 11 (P & H) 18) (1999) 5 SCC 68.19) 2003 (113) Comp Cas 68 (Delhi High Court) 20) 2003 (117) Company Cases 327 (Delhi High Court) 21) (2008) 16 SCC 77.COMMON ORDER: Company Petition No.209 of 2010 was filed...


Feb 22 2012

Janatha Shoe Mart Vs. Thota Satish and Another

Court: Andhra Pradesh

Decided on: Feb-22-2012

THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY Civil Revision Petition No.4663 o22. 02.2012 Janatha Shoe Mart Thota Satish and another ^Counsel for the Petitioner: Sri B.Sudhakar Reddy !Counsel for the respondents: Sri P.R.Prasad ORDER: This civil revision petition arises out of order, dated 04.04.2007, in R.C.A.No.4 of 2005, on the file of the learned Principal Senior Civil Judge, Tenali, whereby he has confirmed the order, dated 03.10.2005, in I.A.No.1159 of 2004 in R.C.C.No.17 of 2000, on the file of the learned Rent Controller, Tenali. The petitioner is the tenant of the demised premises. One Palempati Sithamma was the landlady, who filed R.C.C.No.17 of 2000 seeking eviction of the petitioner from the demised premises. During the pendency of the RCC, the landlady died. One Thota Satish (respondent No.1 herein) filed I.A.No.1159 of 2004 to permit him to come on record in place of the deceased landlady. The said application was resisted by the petitioner. The learned Rent Controller by o...


Feb 22 2012

M/S.Rouf and Sons Estates (Regd. Firm) Its Vs. Palem Mallikarjuna Redd ...

Court: Andhra Pradesh

Decided on: Feb-22-2012

The Hon'ble Sri Justice C.V.Nagarjuna Reddy Civil Revision Petition No.645 o22. 02-2012 M/s.Rouf & Sons Estates (Regd. Firm) its Managing Partner P.Abdul Rouf Khan and 2 others Palem Mallikarjuna Reddy and 4 others ^Counsel for the Petitioners: Sri AV.Seshasai !Counsel for respondent Nos.1 to 4: Sri SV.Bhatt Cases referred: (1969) 1 SCC 86.Order: This Civil Revision Petition arises out of Order, dated 19-01-2012, in IA.No.23 of 2012 in OS.No.4 of 2006, on the file of the Court of the learned IV Additional District Judge, Kadapa. The petitioners are defendant Nos.1 to 3 in the suit filed by respondent Nos.1 to 4 for specific performance of an agreement of sale. After completion of evidence of plaintiff No.2 as PW.1, the same was closed as no further evidence was let in by the respondents upto 15-12-2011. When the case was posted for defendants' side evidence, the respondents have filed IA.No.23 of 2012 for reopening the evidence, for adducing further evidence, on their behalf. Petit...


Feb 21 2012

Eclat Auto Packs (P) Limited, Rep. by It Vs. the Authority Under Minim ...

Court: Andhra Pradesh

Decided on: Feb-21-2012

Order: 1. In this writ petition, the petitioner is challenging the award passed by the Authority appointed under the Minimum Wages Act, 1948 and Assistant Commissioner of Labour, Hyderabad-I, Hyderabad, in Case No.MW/31/97, dated 31.12.1999. 2. The only contention of the learned counsel for the petitioner is that even before passing the order by the above referred authority, the petitioner and the union have entered into an agreement on 31.03.1999 and as per the said agreement, the Union has agreed to withdraw the case pending before the authority and in spite of giving that assurance, Union has not withdrawn the case and the authority has passed the order. 3. There cannot be any agreement, contract or order against the provisions of any Act or law. The Minimum Wages Act, which is the Central Act or the GOs issued by the State Government have to be implemented by the authorities appointed under the Act. Neither the Management nor the Union or any Union Leader has any power or authority...


Feb 21 2012

The Government of Andhra Pradesh, Rep.by Vs. Shaik Ismail and anr

Court: Andhra Pradesh

Decided on: Feb-21-2012

ORDER (per Hon'ble Sri Justice K.G. Shankar): 1. The petitioners seek for a Writ of Certiorari to quash the orders of the Andhra Pradesh Administrative Tribunal (The Tribunal, for short) in O.A.No.4507 of 2009, dated 29.01.2010. The first respondent, who is an unemployed person, filed O.A.No.4507 of 2009 questioning the propriety of petitioners 2 to 4 herein in not appointing him to a post under the medical invalidation scheme. 2. The father of the first respondent, by name Shaik Chand, was working as Assistant Sub-Inspector of Police, District Crime Branch, Adilabad. On account of health grounds, he decided to retire on medical invalidation. Upon his application, he was directed to appear before the Medical Board. The Medical Board considered that the father of the first respondent herein was medically unfit. He was, consequently, permitted to retire from service. The father of the first respondent accordingly retired from service in December, 2001 on the ground of medical invalidatio...


Feb 21 2012

Smt. S. Narayanamma Vs. the Commissioner and Director of Civil

Court: Andhra Pradesh

Decided on: Feb-21-2012

O R D E R : 1. This Writ Petition is instituted questioning the validity of the orders passed on 25.10.2011 by the Revenue Divisional Officer, Tekkali restoring the authorization of the fair price shop run and managed by the 5th respondent of Srimukhalingam-I. The 5th respondent is an authorized fair price shop dealer of shop No.1 at Srimukhalingam Village of Jalumuru Mandal, Srikakulam District. On 28.11.2004, the Tahsildar, Jalumuru lodged a complaint against the 5th respondent holding that the 5th respondent was selling the essential commodities, namely rice, sugar and kerosene oil at a rate which is higher than the rate prescribed by the State Government. In view of the said complaint made by the cardholders, the Revenue Divisional Officer, Tekkali passed orders on 02.12.2004 suspending the authorization of the 5th respondent. Since an appeal would lie there against, the 5th respondent had carried the matter in appeal before the Joint Collector, Srikakulam, who rejected the same on...


Feb 21 2012

N.Santhi Lakshmi Vs. 1.The State of A.P., Rep. by Its Public

Court: Andhra Pradesh

Decided on: Feb-21-2012

ORDER: 1. This Criminal Petition has been taken out under Section 428 Cr.P.C. by accused-N.Shanthi Lakshmi in C.C.No.742 of 2009 on the file of X Metropolitan Magistrate, Cyberabad at Malkajgiri, Ranga Reddy District, to quash the proceeding therein. 2. 2nd respondent-Kapil Chit Funds Private Limited is a Company registered under the Companies Act, having its registered office at 3-1-631, Vijaya Raghunandan Nagar, Karimnagar, A.P., and has been carrying on business in chit funds. It has branches all over the State and one such branch is situated at Nellore. The petitioner/accused joined as a subscriber in one of the chits of the 2nd respondent/Complainant at Nellore Branch. The total value of the chit is Rs.5,00,000/- and duration of the chit is 40 months. The petitioner/accused became the successful bidder of the chit having agreed to forgo Rs.2,24,000/- out of total chit amount of Rs.5,00,000/-. She received the prized amount. She issued an account payee cheque bearing No.205379, dat...


Feb 21 2012

G.Dayanand Vs. the District Registrar and ors

Court: Andhra Pradesh

Decided on: Feb-21-2012

ORDER: 1. The mother of the petitioner owned property, bearing Nos.9-4-65 to 68, 9-4-64/12 to 25 and 9-4-117, with cellar, ground and first floors, constructed over 513 sq. yards at Tolichowki, Hyderabad. It is stated that after the death of the mother of the petitioner, himself and his two brothers - G. Subhash and G. Satyanarayana, succeeded to it. The two brothers of the petitioner also died and the property is now owned jointly by the petitioner and the legal representatives of his brothers. 2. The petitioner submits that recently the widow of one of his brothers, by name, G. Rajasree, expressed her willingness to release 1/3rd share in the property, in case she is paid Rs.20 lakhs. The petitioner is said to have agreed for that, and accordingly, a release deed was executed by the said Rajasree, in favour of the petitioner. The document was presented before the Sub-Registrar, S.R.O., Golconda, the 2nd respondent herein, on 18-01-2008, for registration. Stamp duty of 1% was paid. Th...


Feb 21 2012

Datla Panduranga Raju and Others Vs. Datla Venkata Krishnam Raju and o ...

Court: Andhra Pradesh

Decided on: Feb-21-2012

ORDER: 1. This Civil Revision Petition arises out of order dated 21-11-2000 in L.R.A.No.58/1995 on the file of Land Reforms Appellate Tribunal-cum-IV Additional District Judge, East Godavari District, whereby she has confirmed order of the Land Reforms Tribunal, in L.C.C.No.1086/APM/75, dated 5-6-1995. 2. The facts in brief, which are necessary for disposal of this Revision, are stated hereunder: One Bangaru Raju was the original owner of the properties. After his death, his wife filed declaration before the Land Reforms Tribunal (for short "the Primary Tribunal") on 11-4-1975. The Tribunal, by its order dated 19-2- 1994 determined that the declarant had surplus land to the extent of 0.2137 Standard Holding (SH). The declarant died on 13-7-1986. Purporting to select the surplus lands for surrender, the Primary Tribunal has issued Form-8 notice on 6-1-1995. On 8-2-1995 the petitioners have filed their objections wherein they have pleaded that they are the holders of vested remainder und...


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