Andhra Pradesh Court August 2012 Judgments

The Manager, M/S Itc Ltd. Vs. State of A.P., Rep. by P.P. and Another

Court: Andhra Pradesh

(Prayers: Petition Under Section 482 of the Crl.P.C praying that in the circumstances stated in the Petition/Affidavit/Memorandum of grounds filed therewith, the High Court will be pleased to quash the impugned proceedings initiated by the respondent No.2 herein against the petitioner/accused in C.C.No.373 of 2009 on the file of judicial Magistrate of First Class, Special Mobile Magistrate at Kakinada. This Petitioner coming on for hearing, upon perusing the Petition/Affidavit/Memorandum of grounds filed in support thereof and upon hearing the arguments of SRI C.R.SRIDHARAN, Advocate for the Petitioner and of the Public Prosecutor on behalf of the Respondent No. 1 And of Smt. K.Lalitha, SC for Agricultural Market Committee, for the Respondent No.2.) This petition is filed seeking to quash proceedings in C.C.No.373 of 2009 on the file of the Court of Judicial Magistrate of First Class-cum- Special Mobile Magistrate at Kakinada. The petitioner is the accused and the second respondent is ...

R. Indrasena Reddy, S/O Madan Gopal Reddy Vs. M. Prabhavathi W/O D. Ra ...

Court: Andhra Pradesh

This appeal is directed against the acquittal of the accused in C.C.No.274 of 1999 by the I Additional Judicial I Class Magistrate, Warangal on 10.09.2004. The appellant herein is the complainant and he has filed the complaint for the offence under Section 138 of the Negotiable Instruments Act (for short “the N.I. Act”) against the respondent No.1 herein. According to the complainant, he retired as Superintendent of Central Excise and after retirement he received Rs.3,00,000/- towards retirement benefits. The accused was working as teacher in Government Aided Andhra Balika High School and she is a colleague of the complainant’s wife. The accused approached the complainant through his wife and obtained a hand loan of Rs.1,90,000/-  for settlement of the debts of the son of the accused, which he incurred in the Frontier Computers Software Technology with a promise to repay the same within six months but in spite of several demands, the accused began dodging and it ...

Boga Satyanarayana Vs. the Mandal Revenue Officer (Tahasildar) and Oth ...

Court: Andhra Pradesh

Reported in: 2012(5)ALD656

(Prayer: Petition Under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of Mandamus or any other suitable Writ or Order declaring the action of the respondent No. 1 in issuing the show cause notice vide No. B/2325/2012 dated 12-07-2012 purportedly issued A.P.Act 9 of 1977 as vague and without authority in law, illegal, arbitrary and in violation of Principles of Natural Justice and contrary of Fundamental Rights enshrined in Article 14 and 21 R/w A.300 A of Constitution of India and Consequently direct the respondent No.1 and 2 to not to interfere in my peaceful possession and enjoyment of land admeasuring 0-10guntas situated in S.No.735 village Kothapally Haveli of Karimnagar Mandal and District without recourse to due process of law and pass.)  Order: The petitioner purchased Ac.0.10 guntas of land in survey No.735 of Kothapally Village, Karimnagar District, through ...

Seelam Koti Reddy Vs. State of A.P. and Another

Court: Andhra Pradesh

This Criminal Petition is filed under Section 482 Cr.P.C. to quash order dated 26-10-2009 passed in Crl.M.P.No.287 of 2009 in C.P.R.No.227 of 2009 on the file of I Additional Judicial Magistrate of First Class, Nizamabad. 2. Whereas the petitioner herein is the accused the second respondent herein is the complainant in the proceedings before the Court below. For the sake of convenience, I refer the parties as arrayed in the proceedings before the Court below. 3. The facts of the case are as follows: The Accused is the Proprietor of M/s. Seeko Biotics, Krishna Nagar, Tadepalli Mandal, Guntur District, which is the manufacturer and supplier of a drug by name ‘FYTE’. On 20-10-2008 the complainant, being the Drug Inspector, visited the shop of the accused and collected samples of the said drug observing necessary formalities. The complainant sent one of the samples to the Government Analyst, Drugs Control Laboratory, Hyderabad, for analysis and report. Subsequently analyst repo...

Smt. P. Laxmi Vs. Life Insurance Corporation of India, Represented by ...

Court: Andhra Pradesh

(Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ of mandamus or any other appropriate writ, order or direction declaring the actions of the respondent in not paying the Accident Benefit under the said two policies i.e., Policy No.603906389 and Policy No.602624316 of the deceased Life Assured to the Petitioner, the nominee and the rejection of the same vide its letter dt.30-7-2011 as illegal, arbitrary and against the equality and the principles of natural justice and unconstitutional and therefore consequently direct the respondent to pay all the Total entitled amount including the Accident Benefit by deducting the amount of Rs.2,38,384/- already paid to the petitioner.) The petitioner is the wife of one Sri P.Ravinder Reddy. On 05.04.2011, Ravinder Reddy died in an accident He held two policies bearing Nos.603906389 and 602624316 issued by the Life Insurance C...

R.indrasena Reddy, Vs. M.Prabhavathi and Another.

Court: Andhra Pradesh

HON'BLE SRI JUSTICE P.DURGA PRASAD CRIMINAL APPEAL NO. 439 OF 200.17-08-2012 R.Indrasena Reddy, M.Prabhavathi and another. Counsel for the Appellant: Sri P.Nageshwara Rao, Advocate. Counsel for the Respondent No.1: Sri V.Ramachander Goud, Advocate Counsel for the Respondent No.2: Public Prosecutor Gist: Head Note: Cases referred:1. (2009) 1 SCC 49.2. (1999) 7 SCC 51.3. (2001) 8 SCC 45.4. (2006) 6 SCC 3.5. (2009) 2 SCC 51.6. (2010) 11 SCC 44.JUDGMENT: This appeal is directed against the acquittal of the accused in C.C.No.274 of 1999 by the I Additional Judicial I Class Magistrate, Warangal on 10.09.2004. The appellant herein is the complainant and he has filed the complaint for the offence under Section 138 of the Negotiable Instruments Act (for short "the N.I. Act") against the respondent No.1 herein. According to the complainant, he retired as Superintendent of Central Excise and after retirement he received Rs.3,00,000/- towards retirement benefits. The accused was worki...

Madhura Krishnarjuna Rao Vs. Collector and District Magistrate, Khamm

Court: Andhra Pradesh

THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION No.23604 OF 201.17.08.2012 Madhura Krishnarjuna Rao Collector and District Magistrate, Khammam, and others. Counsel for petitioner: Sri Nimmagadda Satyanarayana Counsel for Respondents : GP for Revenue HEAD NOTE: ?Cases referred ORDER: The petitioner is an Ex-serviceman. He was assigned an extent of 5 acres of land in Sy.No.1228 of Aswaraopet Village and Mandal, Khammam District, through proceedings dated 30-12-2011 by the Tahsildar, Aswaraopet, the 3rd respondent herein. A news item was published in the District Edition of a Telugu Daily, on 01-01-2012, alleging that the Government land worth Rs.50 lakhs was assigned to the petitioners by the 3rd resondent in collusion with the Village Revenue Officer and Mandal Revenue Inspector. The Revenue Divisional Officer, Palvancha, the 2nd respondent visited the place, and is said to have verified the record. He submitted a report to the District Collector, Khammam, the 1st respondent, poi...

Boga Satyanarayana Vs. the Mandal Revenue Officer (Tahasildar)

Court: Andhra Pradesh

THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION No.25382 OF 201.17.08.2012 Boga Satyanarayana The Mandal Revenue Officer (Tahasildar) and others. Counsel for petitioner: Sri Ghanshyamdas Mandhani Counsel for Respondents : GP for REvenue HEAD NOTE: ?Cases referred 2008 (5) ALD 62.(DB) ORDER: The petitioner purchased Ac.0.10 guntas of land in survey No.735 of Kothapally Village, Karimnagar District, through a sale deed, dated 29.08.2006. He has traced the origin of his title to the land and submits that much prior to 25.07.1958, the land was assigned, and thereafter, several transactions of civil have taken place. According to him, the prohibition contained under Section 3 of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 (for short 'the Act') does not apply to the land, since no condition was imposed prohibiting alienation of the land in survey No.735, when it was assigned. Reference is made to G.O.Ms.No.1406 dated 25.07.1958, through which, conditions prohibiting a...

The Manager, M/S Itc Ltd., KakinadA. Vs. State of A.P., Rep. by P.P. a ...

Court: Andhra Pradesh

THE HON'BLE SRI JUSTICE G.KRISHNA MOHAN REDDY CRIMINAL PETITION No.3596 o17. 8-2012 The Manager, M/s ITC Ltd., Kakinada. State of A.P., rep. by P.P. & another. Counsel for the Petitioner: Sri C.R.SRIDHARAN Counsel for the Respondent No.1: The Public Prosecutor Counsel for the Respondent No.2 : Ms. K.LALITHA, S.C. for Agr.Mrkt.Comt. Gist: Head Note: Cases referred: ORDER: This petition is filed seeking to quash proceedings in C.C.No.373 of 2009 on the file of the Court of Judicial Magistrate of First Class-cum- Special Mobile Magistrate at Kakinada. The petitioner is the accused and the second respondent is the complainant in the calendar case. For the sake of convenience, I refer the parties as arrayed in the calendar case. The case of the complainant is that the accused is doing business of purchasing, processing, storaging, weighing and selling notified commodities i.e. paddy or rice within the notified market area of the Agricultural Market Committee, Kakinada. He obtained lic...

M. Abdul Amjad Khan Vs. the Government of Andhra Pradesh, Repres

Court: Andhra Pradesh

HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.20041 o17. 8-2012 M. Abdul Amjad Khan The Government of Andhra Pradesh, Represented by its Principal Secretary, Backward Classes Welfare Department, Secretariat Buildings, Hyderabad and others Counsel for petitioner : Sri S. Srinivas Reddy Counsel for respondent Nos.1 & 2 : Government Pleader for Social Welfare Counsel for respondent No.3 : -- Counsel for respondent Nos.4 to 6 : Sri D.V. Nagarjuna Babu CASES REFERRED:1. C.A.No.5055/2012, dated 10-7-2012 (arising out of S.L.P.(C) No.7440 of 2012) 2. (2002) 7 SCC 25.3. (2005) 2 SCC 6.JUDGMENT: A total disregard for the procedure prescribed for verification of the community certificate of the petitioner by respondent No.4 to 6 has driven the former to filing this Writ Petition. The brief facts leading to the petitioner approaching this court are stated hereunder: The petitioner belongs to the Muslim community ("Shaik" caste). He has completed his M.B.B.S. course and obtained D...