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Andhra Pradesh Court February 2012 Judgments

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Feb 17 2012

V-guard Industries Limited, Vs. the Controller of Legal Metrology, Hyd ...

Court: Andhra Pradesh

Decided on: Feb-17-2012

ORDER : 1. The petitioner viz., V-Guard Industries Limited is a company having its registered office at Kochi of Kerala State. The petitioner is engaged in the business of purchase/manufacture and sale of consumer products like electronic voltage stabilisers, pump sets etc., There is no dispute that the petitioner deals with goods which are either manufactured by it or procured by purchase from S.S.I units; and all these goods are marked with registered trade mark V- GUARD over which the petitioner holds exclusive right of user. According to the petitioner, it has arrangements with 48 independent S.S.I units spread over in different states of Kerala, Tamilnadu, Karnataka, Andhra Pradesh and Maharashtra for manufacture and supply of voltage stabilisers as per the petitioner's formulation and design and specifications resulting in proto type products; and proto type packaging is also designed, made and supplied by the petitioner to manufacturing units. In the similar fashion, the petitio...


Feb 17 2012

Muslim Welfare Society, Narsapur, Rep.by Vs. the Government of Andhra ...

Court: Andhra Pradesh

Decided on: Feb-17-2012

O R D E R: 1. the respondents 1 to 5 for constituting committee of management for the maintenance of Shadi Khana, shopping complex and its properties situated in Narsapur village. Claim of the petitioner for appointment of management committee is based on G.O.Ms.No.162 Minorities Welfare (MFC) Department dated 09.07.1999 issued by Government of Andhra Pradesh. G.O.Ms.No.162 empowers District Collectors for constitution of committee for the management and maintenance of all matters of Shadi Khanas. It also provides that the management committee shall consist of four local muslims, one muslim woman, a representative of Urdu Academy and local Mandal Revenue Officer as Convenor. It also provides for constitution of management committees where the Government took up construction of Urdu Ghar - Shadi Khanas in the State. The District Collectors were authorised to entrust the work of construction to any Engineering Departments among R&B, Panchayati Raj and APIIC and also allot the lands for c...


Feb 17 2012

Sri Durga Malleswara Educational Society Vs. the District Legal Servic ...

Court: Andhra Pradesh

Decided on: Feb-17-2012

THE HON'BLE SRI JUSTICE V.V.S.RAO AND WRIT PETITION No.27867 o17. 02.2012 Sri Durga Malleswara Educational Society (Regd),Vijayawada, Krishna District. The District Legal Services Authority (Lok Adalath),At Vijayawada, Krishna District, Rep.by its Secretary,and another Counsel for the Petitioner: Sri V.R.Avula Counsel for the Respondent No.1: --- Counsel for the Respondent No.2: Sri C.V.Mohan Reddy,Senior Advocate for Sri K.V.Bhanu Prasad ?Citations:1. 2010 (5) ALD 61.(DB) :2010. 5) ALT 72.(DB) 2) (2006) 8 SCC 36.3) (1973) 1 All ER 135.(1972) 1 WLR 154.(Ch D) 4) (2008) 2 SCC 66.5) (2003) 8 SCC 41.: AIR 200.SC 339.6) AIR 196.SC 45.ORDER: (per Hon'ble Sri Justice V.V.S.Rao) The petitioner assails the award dated 29.09.2011 in Lok Adalat Case No.1890 of 2011 passed by the Lok Adalat, Vijayawada, under Section 19 of the Legal Services Authorities Act, 1987 (the Act). Besides seeking a writ of certiorari to quash the impugned award, a consequential direction is sought to restore the first a...


Feb 17 2012

G. Darshan Vs. the Depot Manager, Apsrtc, Jeedimetla De

Court: Andhra Pradesh

Decided on: Feb-17-2012

THE HON'BLE SRI JUSTICE B.CHANDRA KUMAR Writ Petition No.12830 o17. 02.2012 G. Darshan The Depot Manager, APSRTC, Jeedimetla Depot., Hyderabad and others Counsel for the Petitioner: Sri V. Rajagopal Reddy Counsel for the Respondents: Sri C. Sunilkumar Reddy, Standing Counsel for APSRTC Order: The petitioner has been seeking a direction in the nature of writ, order or direction more particularly one in the nature of writ of Mandamus directing the respondents to create supernumerary alternative post and appoint the petitioner in the alternative post or in the post of Shramik. The petitioner was appointed as a Driver in the APSRTC on 04.08.1989. Even as seen from the counter filed by the respondents not even a single memo was issued to him during his service. Thus, it appears that the contention of the petitioner that he worked to the utmost satisfaction of his superiors has to be accepted. The petitioner was directed to undergo medical examination. He was found unfit for the post of driv...


Feb 16 2012

Ms. Hindustan Agrigenetics Limited. Vs. Special Deputy Collector, Unit ...

Court: Andhra Pradesh

Decided on: Feb-16-2012

ORDER: 1. The petitioner, a limited company owned an extent of Ac.9.311/2 guntas of land in Survey No.355 of Dundigal Village, Quthubullapur Mandal, Ranga Reddy District with building, trees, borewell etc., thereon. The land was within the alignment of the Outer Ring Road, Hyderabd. A notification under Section 4(1) of the Land Acquisition Act (for short 'the Act') was published on 23.04.2005 and one year thereafter, declaration under Section 6 of the Act was published on 02.05.2006. Initially an award in accordance with the provisions of the Act was passed on 03.05.2008 determining the market value for the land at the rate of Rs.4,75,000/- per acre. No compensation was awarded for the building on the ground that the report of valuation thereof was not received yet. 2. The Government issued a G.O. providing for determination of the compensation for the lands acquired for the Outer Ring Road through the medium of Lok Adalat. The petitioner availed that remedy. The Lok Adalat, Ranga Redd...


Feb 16 2012

Bank of India, a Body Corporate Constitu Vs. 1. Development Credit Ban ...

Court: Andhra Pradesh

Decided on: Feb-16-2012

ORDER: 1. Bank of India, the petitioner herein, advanced housing loan of Rs.15,00,000/- as well as overdraft facility of Rs.15,00,000/- to respondents 2 and 3. A house situated at Sainikpuri (hereafter, the secured asset) was mortgaged to secure the loan. When respondents 2 and 3 committed default in repayment, the petitioner issued two notices of demand under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereafter, the SARFAESI Act or the Act), demanding a total sum of Rs.32,65,132/-. The borrowers were called upon to clear the loan within 60 days. They did not pay. The petitioner, therefore, issued possession notice under Section 13(4) of the Act and filed Crl.M.P.No.98 of 2008 under Section 14(1) and (2) of the Act for taking possession. The Court of the Chief Metropolitan Magistrate, Cyberabad at L.B.Nagar, appointed an advocate commissioner to take possession of the mortgaged property. The advocate commis...


Feb 16 2012

Ajmeera Raghavulu Vs. Guguloth Rupla (Died) by His L.R., Gugul

Court: Andhra Pradesh

Decided on: Feb-16-2012

ORDER: 1. This Civil Revision Petition arises out of order, dated 16.03.2011, in O.S.No.15 of 2008 on the file of the Agent to the Government at Khammam. 2. The petitioner is a third party to the above-mentioned suit filed by respondent No.1 for cancellation of alleged sale deed in favour of respondent No.2. Nearly three years after the filing of the suit, the Agent to the Government at Khammam has passed the impugned order appointing the Tahsildar, Chandrugonda, as a Receiver to get the produce deposited under Rule 42 of the Andhra Pradesh Agency Rules, 1924 (for short 'the Rules'), read with Order 40 Rule 1 of C.P.C. with further direction to enforce the performance of his duties in attachment of the schedule property and report compliance. This order is questioned by the petitioner with the leave of this Court. The petitioner's case is that respondent No.1 has sold the suit schedule property to him and that suppressing the said fact, respondent No.1 filed a suit against respondent N...


Feb 16 2012

M/S. Hindustan Agrigenetics Limited. Vs. Special Deputy Collector, Uni ...

Court: Andhra Pradesh

Decided on: Feb-16-2012

THE HONOURABLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.23420 o16. 02.2012 M/s. Hindustan Agrigenetics Limited. Special Deputy Collector, Unit-V, Outer Ring Road, HUDA, Tarnaka, Hyderabad. Counsel for the Petitioner: Sri E.V.V.S.Ravi Kumar Counsel for the Respondent: Sri Y.Ravindra ORDER: The petitioner, a limited company owned an extent of Ac.9.311/2 guntas of land in Survey No.355 of Dundigal Village, Quthubullapur Mandal, Ranga Reddy District with building, trees, borewell etc., thereon. The land was within the alignment of the Outer Ring Road, Hyderabd. A notification under Section 4(1) of the Land Acquisition Act (for short 'the Act') was published on 23.04.2005 and one year thereafter, declaration under Section 6 of the Act was published on 02.05.2006. Initially an award in accordance with the provisions of the Act was passed on 03.05.2008 determining the market value for the land at the rate of Rs.4,75,000/- per acre. No compensation was awarded for the building on the gro...


Feb 16 2012

Bank of India, a Body Corporate Constitu Vs. 1. Development Credit Ban ...

Court: Andhra Pradesh

Decided on: Feb-16-2012

HON'BLE SRI JUSTICE V.V.S.RAO AND THE HON'BLE SRI JUSTICE G.KRISHNA MOHAN REDDY WRIT PETITION NO.26397 OF 201.16.02.2012 Bank of India, a Body Corporate constituted under the Banking Companies Act V of 1970 Bandra Kurla Conplex, Bandra (East), Mumbai-1, And a Branch Office amongst other places at Malakpet Branch, rep.by its Chief Manager. 1. Development Credit Bank Ltd., with its Registered Office at 301, Delta Plaza 414, Veer Savarkar Marg, Prabhadevi, Mumbai 025. and another Counsel for Petitioner: Sri S.Surya Prakasa Rao Counsel for Respondents: Sri Chitluri Srinivas Cases referred 1. (2009) 8 SCC 64.2. (2008) 1 SCC 12.:2007. (3) SCJ 20.3. (2004) 4 SCC 31.4. (2009) 8 SCC 36.5. (2010) 8 SCC 11.: AIR 201.SC 31.6. (2011) 2 SCC 78.:2011. (8) SCJ 48.7. (2003) 10 SCC 73.8. (2002) 5 SCC 11.ORDER: Bank of India, the petitioner herein, advanced housing loan of Rs.15,00,000/- as well as overdraft facility of Rs.15,00,000/- to respondents 2 and 3. A house situated at Sainikpuri (hereafter, the...


Feb 16 2012

The Chairman-cum-managing Director Npdcl of A.P. Near Petrol Pump, War ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Feb-16-2012

Oral Order (Per Honble Sri Justice D.Appa Rao, President) The opposite parties, Electricity Corporation, filed this appeal against the order of the District Forum granting compensation of Rs.3,00,000/- on the death of the deceased by electrocution. The case of the complainants 1 and 2 who are minor children of deceased E.Laxmi was that their mother owns Ac.1.14 guntas of land and that on 17-9-2008 when she went to the fields for ploughing at about 11.30 a.m. she was electrocuted when a live 100 K.V. electric wire fell on the fencing which came into contact with and died on the spot. On a report, the Police registered a case in Crime No.50/2008 U/s.174 Cr.P.C. conducted inquest followed by post mortem. The complainants alleged that their mother was earning Rs.2,00,000/- per annum from agriculture, due to the negligence on the part of the opposite party department, 100 K.V. live electric wire fell due to which she was electrocuted. They got issued a legal notice dated 25-12-20008 and the...



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