Andhra Pradesh Court August 2012 Judgments

Shri Chalasani Venkateswara Rao, Vijayaw Vs. Income Tax Officer, Ward- ...

Court: Andhra Pradesh

HONOURABLE SRI JUSTICE GODA RAGHURAM AND HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO I.T.T.A.No.70 o03. 08.2012 Shri Chalasani Venkateswara Rao, Vijayawada Income Tax Officer, Ward-IV, Vijayawada GIST: HEAD NOTE: Counsel for Appellant: Sri Y.Ratnakar Senior Standing Counsel for Respondent: Sri J.V.Prasad Cases referred [1] (1968) 068 I.T.R. 0240 (S.C.) [2] (1971) 079 I.T.R. 0594 (S.C.) [3] (1983) 141 ITR 067.[4] (1988) 171 ITR 012.[5] (1973) 91 ITR 39.(Guj) [6] (1987) 165 ITR 16.(SC) JUDGMENT (per Hon'ble Sri Justice M.S.Ramachandra Rao): This appeal is filed by the appellant/assessee under Section 260-A of the Income Tax Act, 1961 challenging the order dated 08-02-2000 of the Income Tax Appellate Tribunal, "B" Bench, Hyderabad in I.T.A.No.1529/Hyd/94 for the assessment year 1989-90.2. The appellant was a partner in a firm by name M/s.Theatre Radha, a registered firm at Vijayawada along with one Y.Kalyana Sundaram under a partnership deed dated 06-07-1976 with retrospective ...

Narne Gopikrishna and Another Vs. State of A.P. Rep by Public Prosecut ...

Court: Andhra Pradesh

THE HON'BLE SRI JUSTICE N.V. RAMANA AND #THE HON'BLE SRI JUSTICE B.N. RAO NALLA CRIMINAL APPEAL No. 1051 o03. 08-2012. Narne Gopikrishna and another State of A.P. rep by Public Prosecutor,High Court, Hyderabad. For the appellants : Smt D. Sangeetha Reddy For the Respondent: Public Prosecutor Gist: Head Note: CITATIONS:1. AIR 196.SC 2.2. AIR 195.SC 34.3. AIR 197.SC 6.4.AIR 199.SC 296.5. AIR 197.SC 124.6. (1985) 1 SCR 9.Judgement: (Per Sri. N.V. Ramana, J.) This criminal appeal is directed against the judgement dated 08.08.2008, passed by the VIII Additional District and Sessions Judge (FTC), Visakhapatnam, in S.C. No. 5 of 2008, convicting the appellants-accused for the offences under Section 302 read with Section 34 IPC and sentencing them to undergo imprisonment for life and to pay fine of Rs.500/- each, in default to undergo simple imprisonment for two months each, and further convicting them for the offence under Section 379 IPC and sentencing them to suffer imprisonment for a pe...

P. Venkateswarlu Vs. Ramanavathi R Yadav and Another

Court: Andhra Pradesh

1 Claimant is the appellant herein. Not being satisfied with the award dated 19.04.2004 made in O.P.No.1290 of 1999 on the file of the Motor Accidents Claims Tribunal, R.R. District at L.B.Nagar, whereunder an amount of Rs.4,67,859/- was awarded towards compensation out of the total claim of Rs.11,82,000/- on account of the injuries sustained by him in a road accident, filed the present appeal. For the sake of convenience, the parties to this appeal are referred to as they are arrayed in the O.P. 2 The facts, in brief, that led to the filing of the present appeal are as follows: The petitioner was working as driver in APSRTC. On 29.04.1998 at about 4.00 PM, while he was proceeding on the bus bearing No.A.P.9 Z 7191 from Hyderabad to Narsaraopet, at Malkapur village limits near Maisamma temple, a lorry bearing No.MH 04 H 5939 (Tanker) came in opposite direction, driven in a rash and negligent manner and dashed the RTC bus driven by the petitioner due to which the petitioner re...

The Karimnagar Co-operative Urban Bank Limited. Vs. B. Hanumanlu and O ...

Court: Andhra Pradesh

Reported in: 2012(5)ALD792

(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 issue a Writ or  order or direction, especially one in the nature of Writ of Mandamus - i) declaring the Impugned Order/Proceeding No.40104/99-L1 dated 9/11/2000 issued by R.IV and Consequential Order Proc.No.2031/96-2 dt.28/11/2000, issued by the R-III, as illegal, arbitrary and set aside the same; ii) Consequently, direct R.III to conduct a fresh enquiry under Sec.60 of the Co-op. Societies Act, as per the rules and regulations, affording due opportunity to all parties, including the petitioner or in the alternative, entrust the responsibility of conducting the Enquiry U/s. 60 to an independent authority, and complete the same, after affording due opportunity to all the parties, including the petitioner;) The petitioner is a Co-operative Urban Bank Limited, functioning at Karimnagar. The 1st respondent was functio...

Nagamuthula Kondaiah Vs. State of A.P., Rep. by P.P. and Another

Court: Andhra Pradesh

Criminal Petition No.4140 of 2010 1.   This petition is filed under Section 482 Cr.P.C. seeking to quash proceedings in D.V.C.No.1 of 2010 (D.V.C.) on the file of the Court of II Additional Judicial Magistrate of First Class, Kothagudem. 2.   The petitioner is the respondent and the second respondent is the complainant in the DVC case. The respondent filed the complaint under Sections 12, 18, 19, 20, 21 and 22 of the Protection of Women from Domestic Violence Act, 2005 (for short ‘the Act’) against the petitioner herein with a plea to restrain him from dispossessing her from shared household and also to pay compensation. 3.   For the sake of convenience, I refer the parties as arrayed in the DVC. It is pleaded and alleged in the complaint as follows. 4. (a) The complainant is the legally wedded wife of Chembeti Chinna Koteshwar Rao, whereas their marriage took place as per Hindu Rites and Customs on 15.11.2008. In fact, her husband was first ma...

United India Insurance Co. Limited Represented by Its Divisional Manag ...

Court: Andhra Pradesh

Common Judgment: These two appeals though arising out of different accidents where the claimants were subjected to different disabilities, the question of law which arises for consideration being common, the learned counsel for the appellants and the respondents requested for hearing these two matters together as both the learned counsel are appearing for both the parties. The appeal viz., CMA No. 4594 of 2004 is filed by the Insurance Company against the award of the Commissioner in W.C.No. 28 of 2003 dated 16.10.2004 whereas the appeal viz., CMA No. 4719 of 2003 also preferred by the Insurance Company against the award in W.C. No. 86 of 2002 dated 29.10.2002. These appeals are hereinafter referred to as ‘first and second case’ respectively for convenience. In the first case, the claimant who was a driver of an auto suffered an accident, which ultimately resulted in loss of vision of his right eye. The said claimant was employed by opposite party No. 1 and the vehicle admi...

K. Devendra Mohan Vs. M/S. Sic Corporation (Regd.), Rep. by Its Partne ...

Court: Andhra Pradesh

Common Order: Heard Sri C.Ram Prasad, learned counsel for the petitioner and Sri T.Janardhan Rao, learned counsel for the respondent. 2. The judgment debtor by name K.Devendra Mohan is the petitioner in both these revisions, though they arise out of different execution proceedings in two suits. C.R.P.No.5768 of 2009 is filed against the order dated 29.09.2009 in C.F.No.9711 of 2009 in E.P.No.243 of 2001 in O.S.No.1222 of 1999 on the file of the court of Principal Junior Civil Judge, Chittoor (executing court) and C.R.P.No.391 of 2010 is filed against the order dated 04.11.2009 in E.A.No.85 of 2009 in O.E.P.No.250 of 2001 in O.S.No.1223 of 1999 on the file of the court of I Additional Junior Civil Judge, Chittoor (executing court). The point raised in both is one and the same. Hence, they can be disposed of by this common order. 3. The petitioner suffered a money decree in O.S.No.1223 of 1999 on the file of the court ofI Additional Junior Civil Judge, Chittoor. The plaintiff in that sui...

Y.V. Anuradha, Managing Director, Andhra Pradesh Womenand#8217;s Co-op ...

Court: Andhra Pradesh

(Prayer: Petition Under Section 482 of Cr.P.C. praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to quash the Criminal proceedings against the petitioner/ 2nd accused in C.C. No. 399 of 2009, on the file of XVIII Addl. Chief Metropolitan Magistrate, Hyderabad, relating to the offence under Sec. 138, N.I.Act.) 1. The petitioner sought for quashment of C.C.No.399 of 2009 on the file of the XVIII Additional Chief Metropolitan Magistrate, Hyderabad. The petitioner is the 2nd accused in the case. 2. An allegation is made by the 2nd respondent that two cheques were issued in discharge of the amounts due to the 2nd respondent and that when both the cheques were presented for collection, they bounced with an endorsement “funds insufficient”. Considering that the Andhra Pradesh Women’s Cooperative Finance Corporation Private Limited (the Corporation, for short), Hyderabad and the then Managing Director of the said Co...

Yeduwaka Thata Babu Vs. Allu Prasad, S/O. Appalanaidu and Others

Court: Andhra Pradesh

(Appeal under Section 173 of Motor Vehicles Act, against the order in O.P.No.524 of 1997, dated 04-03-1999 on the file of the court of the Chairman, Motor Accidents Claims Tribunal-cum-Additional District Judge, Vizianagaram). V. Eswaraiah, J. The claimant is the appellant herein filed OP No.524 of 1997 on the file of Motor Vehicle Accidents Claims Tribunal-cum-Addl. District Judge, Vizianagaram, claiming compensation of Rs.1,20,000/- for the injuries sustained by in the accident on 25-2-1997 while he was travelling in a jeep bearing registration No.AP 31E 8568 driven by its driver in a rash and negligent manner and the said jeep hitting a tree and turned turtle. 2. The Tribunal below considering the oral and documentary evidence adduced held that the accident occurred due to the rash and negligent driving of the jeep in question by its driver who is respondent no.1, owned by respondent no.2 and insured by the respondent no.3. The Tribunal below taking into considering the avocati...

Y.V.Anuradha, Managing Director, Andhra Vs. the State of A.P., Rep. by ...

Court: Andhra Pradesh

HON'BLE SRI JUSTICE K.G.SHANKAR Criminal Petition No.11127 o02. 8-2012 Y.V.Anuradha, Managing Director, Andhra Pradesh Women's Cooperative Finance Corporation Ltd., Yousufguda, Hyderabad The State of A.P., Rep. by the Public Prosecutor, High Court of Andhra Pradesh, High Court Bldgs, Hyderabad and another Counsel for the petitioner: Sri T.Nageswara Rao Counsel for respondent No.1: Public Prosecutor,High Court of A.P. Counsel for respondent No.2: Smt. V.Dyumani : : Cases referred:1. (2005) 8 SCC 8.2. (2010) 3 SCC 33.3. 2002 (3) A.P.HIGH COURT LAWS 8 4. AIR 200.SC 235.5. AIR 200.SC 1682(1) Order: The petitioner sought for quashment of C.C.No.399 of 2009 on the file of the XVIII Additional Chief Metropolitan Magistrate, Hyderabad. The petitioner is the 2nd accused in the case. 2. An allegation is made by the 2nd respondent that two cheques were issued in discharge of the amounts due to the 2nd respondent and that when both the cheques were presented for collection, they bounced with an e...