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Andhra Pradesh Court August 2012 Judgments

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Aug 31 2012

A.P. Transco, Rep. by Its Joint Managing Director (Hrd and Distributio ...

Court: Andhra Pradesh

Decided on: Aug-31-2012

G. Rohini, J. This appeal is preferred against the order dated 27.09.2011 passed by the learned Single Judge in W.P.No.8300 of 2005. The respondent therein i.e., A.P. Transmission Corporation (for short, AP Transco) is the appellant before us. The writ petitioner/sole respondent herein who was working as an Assistant Engineer in AP Transco was charge-sheeted vide memo dated 23.12.1996 issued by the Superintending Engineer, Enquiry Cell, Hyderabad for the irregularities alleged to have been committed by him while discharging his official duties. After due enquiry, the charges levelled against him were held proved and in pursuance thereof the Member Secretary, A.P.S.E.B. issued a show-cause notice dated 30.01.1999 calling upon the writ petitioner to show-cause as to why the punishment of removal from service should not be imposed. In compliance with the same, the writ petitioner submitted a detailed explanation on 27.05.1999. Thereafter the Director (D and HRD) passed the order dated 6.4...


Aug 31 2012

V. Jyothi Vs. M/S. Pioneer Builders and Another

Court: Andhra Pradesh

Decided on: Aug-31-2012

The unsuccessful claimant preferred the present appeal aggrieved by the order dt. 9-2-2005 passed in MVOP No.262/2001 on the file of Motor Accidents Claims Tribunal-cum-I Additional District Judge, Chittoor. 2. The facts which led to filing of the appeal are as follows: The appellant is the owner of the tractor and trailer bearing registration Numbers AP 21 V 0306 and AP 21 V 0307 respectively. The driver of the said tractor was one Guntappa. He was having driving licence No.5081. While the said driver was driving the tractor slowly from Tirupati to Anjaneyapuram and when the tractor reached Karakambadi, he noticed lorry bearing registration No. AP 02 1835 of the first respondent coming in high speed in a zig zag manner. On seeing the said vehicle, the tractor driver slowed down the vehicle and moved it to the left side of the road. In spite of taking all precautions, the lorry driver who was driving the vehicle in a rash and negligent manner lost control of the vehicle and dashed agai...


Aug 31 2012

Killadi Vera Naga Prasad Rao Vs. the Tadepalligudem Municipality Rep. ...

Court: Andhra Pradesh

Decided on: Aug-31-2012

Pinaki Chandra Ghose, ACJ. This writ petition has been filed under the Public Interest Jurisdiction to issue a Writ of Mandamus declaring the sale of site earmarked for parks, in the approved lay-outs in Tadepalligudem Municipal area in favour of respondents 4 to 7 as illegal, arbitrary, without jurisdiction, unjust, fraudulent, collusive and that the order obtained by the said respondents 4 to 7 in W.P.No.12191 of 2001, dated 14.9.2006 was obtained by playing fraud on the court and by suppression of material facts and by misleading the court with respect to the legal provisions and the proceedings of cancellation by the 2nd respondent and to consequently cancel the sales said to have been effected by the respondent-municipality in favour of respondents 4 to 7 in public auction dated 22.1.1999 in pursuance of the tender cum auction notice in Roc.No.3828/96-G1, dated Nil.1.1999. Heard learned counsel appearing for the parties at length. The facts as pleaded in the writ petition by the w...


Aug 31 2012

Papini Ramulu S/O. Narayana Vs. A. Lavanya D/O. Mandaiah

Court: Andhra Pradesh

Decided on: Aug-31-2012

This revision is filed against the order dated 28.07.2009 in I.A. No.366 of 2009 in O.S. No.336 of 2006 on the file of the Principal Junior Civil Judge, Kothagudem, Khammam District. 2. The revision petitioner is the defendant and the respondent is the plaintiff in the suit in O.S. No.336 of 2006. The suit is filed for recovery of money. The revision petitioner filed the present application under Section 45 of the Evidence Act to send Ex.A.1 - suit promissory note to Hand writing and Finger Print Expert for comparison with admitted signatures of the revision petitioner and to give opinion. 3. The case of the revision petitioner is that the respondent filed the suit against him based on the forged promissory note. The revision petitioner filed his written statement in the suit denying the execution of promissory note in favour of the respondent. To prove the genuineness of the promissory note, it is just and necessary to send Ex.A.1 - promissory note to Hand Writing and Finger Print Exp...


Aug 31 2012

Angati Tatayya S/O. Appanna Vs. Vakada Sanyasirao S/O. China Appanna

Court: Andhra Pradesh

Decided on: Aug-31-2012

This revision is filed against the order dated 12.11.2009 in I.A. No.174 of 2009 in O.S. No.327 of 2001 on the file of the II Additional Junior Civil Judge - cum- Additional Metropolitan Magistrate, Anakapalli. 2. The revision petitioner is the plaintiff and the respondent is the defendant in the suit in O.S. No.327 of 2001. The suit is filed for permanent injunction restraining the respondent and his men from interfering with his peaceful possession and enjoyment over the plaint schedule property. The revision petitioner filed I.A. No.174 of 2009 under Order 6 Rule 17 of Civil Procedure Code for amendment of names of neighbours of southern and western boundaries of the suit schedule property, and for recovery of possession etc. 3. The case of the revision petitioner is that after filing the suit, it was found that in the plaint schedule, the surnames on south and west neighbours were wrongly mentioned due to mistake. The southern neighbours are Somulamma and Golagani Appalanaidu. The ...


Aug 31 2012

R. Rajendran Vs. A.J. Yuvaraj Reddy and Another

Court: Andhra Pradesh

Decided on: Aug-31-2012

This Criminal Revision Case is filed by the petitioner - accused, R. Rajendran, assailing the judgment in Criminal Appeal No.8 of 2007 dated 17-03-2008 passed by the learned Special Judge for trial of offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 - cum - VI Additional Metropolitan Sessions Judge, Secunderabad confirming the conviction and sentence passed against him (accused) for the offence punishable under Section 138 of the Negotiable Instruments Act, 1988 (for short “NI Act”) in C.C. No.762 of 2002 dated 02/05-01-2007 passed by the learned XI Additional Chief Metropolitan Magistrate, Secunderabad. 2. The revision petitioner is accused, respondent No.1 is the complainant and respondent No.2 is the State. 3. For the sake of convenience, the petitioner and respondent No.1 are hereinafter referred to as accused and complainant respectively. 4. The case of the complainant, in brief, is as under: In the month of ...


Aug 31 2012

Kantrapally Durgaiah S/O. Lasmaiah Vs. P. Suryanarayana Raju S/O. Rama ...

Court: Andhra Pradesh

Decided on: Aug-31-2012

This is a claimant’s appeal, which is filed to the extent of disallowed claim in W.C. No.75 of 1999 on the file of the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour, Nizamabad. 2. The claim petition seeking compensation of Rs.3, 00,000/- with interest was filed by the appellant/claimant, who was working as a labourer on the lorry bearing No.ADG 1539 belonging to opposite party No.1 and insured with opposite party No.2. The appellant claimed that an accident occurred on 19.10.1997, while he was travelling in the said lorry during the course of the employment, resulting in grievous and multiple fracture injuries. The present claim petition was filed based upon the permanent disability, as certified by an Orthopaedic Doctor. While the first opposite party did not oppose the claim petition, the insurance company filed a counter generally denying all the averments in the claim petition. The claimant examined himself, as PW.1 and the doctor, as PW.2...


Aug 31 2012

Papini Ramulu S/O. Narayana Vs. A.Lavanya D/O. Mandaiah

Court: Andhra Pradesh

Decided on: Aug-31-2012

HON'BLE SRI JUSTICE B.N. RAO NALLA C.R.P.No.3785 OF 200.31.08.2012 Papini Ramulu s/o. Narayana A.Lavanya d/o. Mandaiah Counsel for the petitioner: Sri Palivela Satyarajababu Counsel for Respondent: --- GIST : HEAD NOTE: ?Cases referred :2009. (1) ALT 379cx ORDER: This revision is filed against the order dated 28.07.2009 in I.A. No.366 of 2009 in O.S. No.336 of 2006 on the file of the Principal Junior Civil Judge, Kothagudem, Khammam District. 2. The revision petitioner is the defendant and the respondent is the plaintiff in the suit in O.S. No.336 of 2006. The suit is filed for recovery of money. The revision petitioner filed the present application under Section 45 of the Evidence Act to send Ex.A.1 - suit promissory note to Hand writing and Finger Print Expert for comparison with admitted signatures of the revision petitioner and to give opinion. 3. The case of the revision petitioner is that the respondent filed the suit against him based on the forged promissory note. The revision ...


Aug 31 2012

Killadi Vera Naga Prasad Rao Vs. the Tadepalligudem Municipality Rep. ...

Court: Andhra Pradesh

Decided on: Aug-31-2012

HON'BLE THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE AND THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.29623 OF 201.31-08-2012 KILLADI VERA NAGA PRASAD RAO THE TADEPALLIGUDEM MUNICIPALITY REP. BY ITS COMMISSIONER, TADEPALLIGUDEM, W.G.DISTRICT AND OTHERS .. Counsel for the petitioner: SRI. K.SARVABHOMA RAO Counsel for the respondents : GOVT. PLEADER FOR MUNICIPALITIES FOR RR 1 TO 3 SRI.I.MAHESWARA RAO FOR RR 4 TO 7 : ?CITATIONS: (2005) 3 SCC 9.(2005) 1 SCC 59.ORDER: (Per THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE) This writ petition has been filed under the Public Interest Jurisdiction to issue a Writ of Mandamus declaring the sale of site earmarked for parks, in the approved lay-outs in Tadepalligudem Municipal area in favour of respondents 4 to 7 as illegal, arbitrary, without jurisdiction, unjust, fraudulent, collusive and that the order obtained by the said respondents 4 to 7 in W.P.No.12191 of 2001, dated 14.9.2006 was obtained by playing fraud on the cou...


Aug 31 2012

R. Rajendran Vs. A.J. Yuvaraj Reddy and Another

Court: Andhra Pradesh

Decided on: Aug-31-2012

THE HONOURABLE SRI JUSTICE B.N. RAO NALLA CRIMINAL REVISION CASE No.777 OF 200.31-08-2012 R. Rajendran A.J.Yuvaraj Reddy & another Counsel for the revision petitioner: Sri Srinivas Mallareddypet(10483) Counsel for respondent No.1: Party - in - person (not appeared) Counsel for respondent No.2: Addl.Public Prosecutor HEAD NOTE: ?CASES REFERRED:1. 2010(2) ALT (Crl.) 95 (SC) 2. (2003) 1 SC3. (2008) 4 SCC 5.4. 2003(2) ALD (Crl.) 219 (AP) 5. 2012(1) ALT (Crl.) 110 (A.P.) 6. 1995 Crl.L.J.560 7. 1997 Crl.L.J.4237 8. 1997 Crl.L.J.1942 9. 2004 Crl.L.J.4107 10. 1997(1) ALD (Crl.) 787 (AP) 11. 2006(1) ALD (Crl.) 300 (AP) 12. 2004(2) ALD (Crl.) 303 (AP) 13. 2005(1) ALD (Crl.) 473 (AP) JUDGMENT: This Criminal Revision Case is filed by the petitioner - accused, R. Rajendran, assailing the judgment in Criminal Appeal No.8 of 2007 dated 17- 03-2008 passed by the learned Special Judge for trial of offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 - cu...


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