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Andhra Pradesh Court March 2012 Judgments

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Mar 19 2012

India Info Line Commodities Ltd. and Another Vs. Jagu Srinivasa Rao

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-19-2012

Oral Order: (per Smt.M.Shreesha, Honble Member) Aggrieved by the order dt.31.8.2010 in C.C.No.272/2009 on the file of District Forum, Guntur, the opposite parties preferred this appeal. The brief facts as stated in the complaint are that opposite party no.2 is doing business of on line buying and selling the commodities under the name and style of India Info Line Commodities Ltd. having branches through out India and opp.party no.1 is one among its branches. Opposite party no.1 offered to open the account in its branch through its Relationship Manager who explained about the buying and selling of gold online like share business. The complainant attracted by the said offer opened account with first opposite party on 12.8.2008 and first opposite party allotted the client I.D. as SRIN JAGU. Opp.party no.2 after verifying the papers from opp.party no.1 allotted the client I.D. to the complainant. On the advise of opp. party no.1, the complainant credited the amounts by way of HDFC drafts i...


Mar 16 2012

Tigiripalli Nirmala Kumari Vs. State of Andhra Pradesh,

Court: Andhra Pradesh

Decided on: Mar-16-2012

O R D E R : 1. This Writ Petition is preferred by a fair price shop dealer of Tirugudumetta Village, Tallapudi Mandal, West Godavari District, challenging the proceedings, dated 23.02.2012 of the Revenue Divisional Officer, Kovvur, who suspended the authorization of the writ petitioner, based upon a report submitted by the Tahsildar, Tallapudi on 21.02.2012 indicating that 180 liters of kerosene oil is suspected to have been diverted by the writ petitioner into open/black market and the alert villagers have lodged a complaint when the diverted stock is being transported by an auto. 2. Clause 5(5) of the Andhra Pradesh State Public Distribution System (Control) Order, 2008 enables the appointing authority of a fair price shop dealer to suspend the authorization of a fair price shop dealer pending enquiry as well. When serious and grave allegations are levelled against a fair price shop dealer, invocation of such a power cannot be faulted at all. Only for trivial or insignificant matters...


Mar 16 2012

Gorrepati Prasada Reddy and Others Vs. the State of Andhra Pradesh Rep ...

Court: Andhra Pradesh

Decided on: Mar-16-2012

Order: 1. The Petitioners 1 To 10 Are Some Of The Accused In S.C.No.39 Of 1993 In The Court Of Special Sessions Judge-Cum-Iv Additional Sessions Judge, Guntur, Relating To Offences Punishable Under Sections 120b, 147, 148, 302, 307 And 201 Read With Section 149 Ipc And Section 3(2)(V) Of Schedule Castes And Schedule Tribes (Prevention Of Attrocities) Act. It Is Popularly Known As Tsundur Carnage Case. 2. It Is Alleged That Along With The Petitioners, 218 Others Also Faced Trial In That Sessions Case. The Special Sessions Judge, After Trial, Convicted Some Of The Accused For Various Offences And Sentenced Them Accordingly, And Also Acquitted Some Of The Accused In That Case. The Accused Persons Who Were Convicted And Sentenced, Filed Criminal Appeal Nos.1021, 1022, 1023, 1024, 1025, 1045, 1046 And 1060 Of 2007 And 470 Of 2011. The State Also Filed Criminal Appeal Nos.389 And 988 Of 2008 Against Those Accused Who Were Acquitted By The Special Sessions Judge. Some Of The Victims/Complaina...


Mar 16 2012

P.Venkateswara Rao and Others Vs. the Andhra Pradesh State Consumer Di ...

Court: Andhra Pradesh

Decided on: Mar-16-2012

Introduction The Consumer Protection Act, 1986 (the Act) which initially provided for appointment of members of the District Forum established under Section 9(a) of the Act, by nomination, was amended by the Central Act No.50 of 1993. Section 10(1A) of the Act was inserted with effect from 18.6.1993. It empowers the State Government to appoint the President and Members of the District Forum on the recommendation of a selection committee consisting of the President of the State Commission The Andhra Pradesh State Consumer Disputes Redressal Commission, and two Secretaries to the Government as indicated therein. In this legal environment two questions in these writ petitions are whether the recommendation of the selection committee under Section 10(1A) of the Act is binding on the State Government and whether a candidate seeking reappointment has any enforceable right to be appointed as a member of the District Forum. Petitioners’ case The background facts in W.P.Nos.4968 and 5061 ...


Mar 16 2012

Dr. Gangireddy Sivasankar Reddy Vs. Dr. Ntr University of Health Scien ...

Court: Andhra Pradesh

Decided on: Mar-16-2012

ORDER: 1. Dr.NTR University of Health Sciences, Andhra Pradesh, Vijayawada called for applications for admission into Super Speciality Courses (DM and M.Ch.) for the academic year 2011-12. The petitioner applied for DM (Gastroenterology). He was not given admission, though he secured 14th rank in the entrance test, on the ground that he was not a local candidate as he studied MBBS and MD (General Medicine) in Karnataka State and the 3rd respondent, who secured lesser rank i.e., 16th rank, was given admission to Super Speciality Course of DM (Gastroenterology). He has, therefore, filed this Writ Petition to declare him as a “local candidate” as per the rank obtained by him in the entrance examination in terms of Para No.4 (1)(b) of “A.P. Educational Institutions (Regulation of Admissions) Order, 1974” (Presidential Order) r/w Para No.3.4.1(b) of prospectus issued by Dr.N.T.R. University of Health Sciences, Vijayawada. 2. Heard Sri M.Panduranga Rao, learned counse...


Mar 16 2012

M/S. Kec International Limited, Worli, Mumbai Represented by Its Manag ...

Court: Andhra Pradesh

Decided on: Mar-16-2012

COMMON ORDER:(Per Hon’ble Sri Justice V.V.S. Rao) These two tax revision cases under Section 22(1) of the Andhra Pradesh General Sales Tax Act, 1957 (the Act) are against the common order dated 20.2.2009 in T.A.Nos.671 and 672 of 2005 passed by the Sales Tax Appellate Tribunal, Hyderabad (STAT). The petitioner and the question involved being common, the two cases are being disposed of by this order. The petitioner is a works contracts company. They are registered dealers on the rolls of the Commercial Tax Officer (CTO)-III, Kurnool under the Act. Their turnover has to be charged to sales tax under Section 5 read with Section 5F of the Act. They however opted for composition of tax payable under Section 5F of the Act. Such benefit is available under Section 5G of the Act. During the assessment years 1998-1999 and 1999-2000, the petitioner executed electrical contracts with the Andhra Pradesh State Electricity Board (APSEB). The CTO-III completed the assessment on 22.1.2001 duly al...


Mar 16 2012

Pedda Mareppa and Others Vs. State of A.P., (Through Public Prosecutor ...

Court: Andhra Pradesh

Decided on: Mar-16-2012

This criminal petition is filed under Section 482 Cr.P.C., by the petitioners/A1 to A7, seeking to set aside the order dated 05.03.2012 in Crl.MP.No.252 of 2012 in Crl.MP.No.149 of 2012 in P.R.C.No.21 of 2011, passed by the I-Addl. Sessions Judge, Anantapur, and relax the condition imposed by the learned Sessions Judge by order dated 13.02.2012 in Crl.MP.No.149 of 2012 in the said P.R.C. by granting another five days time to the petitioners to surrender before the Judicial Magistrate of the First Class, Rayadurg, Anantapur District. On the basis of a private complaint filed by one K. Manekka-the defacto complainant before the Judicial Magistrate of the First Class, Rayadurg, a case was registered for the offences punishable under Sections 324 and 354 r/w 34 IPC, and summons were issued to the petitioners. Since the offences alleged are exclusively triable by the Court of Sessions, the case was numbered as PRC No.21 of 2011, and while committing it to the Court to Sessions, Anantapur, t...


Mar 16 2012

Tigiripalli Nirmala Kumari Vs. State of Andhra Pradesh, Rep. by Its Pr ...

Court: Andhra Pradesh

Decided on: Mar-16-2012

This Writ Petition is preferred by a fair price shop dealer of Tirugudumetta Village, Tallapudi Mandal, West Godavari District, challenging the proceedings, dated 23.02.2012 of the Revenue Divisional Officer, Kovvur, who suspended the authorization of the writ petitioner, based upon a report submitted by the Tahsildar, Tallapudi on 21.02.2012 indicating that 180 liters of kerosene oil is suspected to have been diverted by the writ petitioner into open/black market and the alert villagers have lodged a complaint when the diverted stock is being transported by an auto. Clause 5(5) of the Andhra Pradesh State Public Distribution System (Control) Order, 2008 enables the appointing authority of a fair price shop dealer to suspend the authorization of a fair price shop dealer pending enquiry as well.  When serious and grave allegations are levelled against a fair price shop dealer, invocation of such a power cannot be faulted at all.  Only for trivial or insignificant matters, if t...


Mar 16 2012

Tigiripalli Nirmala Kumari Vs. State of Andhra Pradesh, Rep. by Its Pr

Court: Andhra Pradesh

Decided on: Mar-16-2012

THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.No. 7318 o16. 03.2012 Tigiripalli Nirmala Kumari State of Andhra Pradesh, rep. by its Principal Secretary (Food, Civil Supplies & Consumer Affairs (CS.I) Department, Hyderabad & others Counsel for the petitioner: Sri Mangena Sree Rama Rao Counsel for the respondents: GP for Civil Supplies ORDER : This Writ Petition is preferred by a fair price shop dealer of Tirugudumetta Village, Tallapudi Mandal, West Godavari District, challenging the proceedings, dated 23.02.2012 of the Revenue Divisional Officer, Kovvur, who suspended the authorization of the writ petitioner, based upon a report submitted by the Tahsildar, Tallapudi on 21.02.2012 indicating that 180 liters of kerosene oil is suspected to have been diverted by the writ petitioner into open/black market and the alert villagers have lodged a complaint when the diverted stock is being transported by an auto. Clause 5(5) of the Andhra Pradesh State Public Distribution System (Con...


Mar 16 2012

The United India Insurance Company Repre Vs. G.Manik Prabhu and anr.

Court: Andhra Pradesh

Decided on: Mar-16-2012

THE HON'BLE SRI JUSTICE R. KANTHA RAO CMANo. 4432 OF 200.AND CMANo. 1527 OF 201.(CMA(SR)No.73994 OF 2003.16-03-2012 The United India Insurance Company Represented by its Br.Manager,Armoor, Nizamabad district. G.Manik Prabhu and Anr. Counsel for the Appellant: Sri K.Kishore Kumar Reddy Counsel for the Respondents :Sri A. Rajasekhar Reddy R-1 Appearance R-2 served : : ?CITATIONS :1. (1995) 1 SCC-551 2)(2011) 4 SCC-695 3)(2011) SCC-646 COMMON JUDGMENT : CMA.No. 4432 of 2003 is filed by the United India Insurance Company Limited, which was respondent No.2 before the Claims Tribunal. Whereas CMA.SR.No. 73994 of 2003 is filed by the appellant-claimant (injured) against the award and decree dated 31-07-2003 passed by the Motor Accident Claims Tribunal (District Judge), Nizamabad, in OP.No. 86 of 1995.2. CMA.No. 4432 of 2003 is filed by the United India Insurance Company Limited challenging the award passed by the Claims Tribunal on the grounds. namely that failure of kidney and its subsequent...



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