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Andhra Pradesh Court August 2012 Judgments

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Aug 28 2012

Ramakuri Nageswara Rao Vs. the State of A.P., Rep. by Public Prosecuto ...

Court: Andhra Pradesh

Decided on: Aug-28-2012

P. Durga Prasad, J. This appeal is directed against the conviction and sentence passed in S.C.No.326 of 2007 by the Sessions Judge, Prakasam District on 09.05.2008. The appellant herein is the sole accused and he was prosecuted for the offence under Sections 498-A and 302 of the Indian Penal Code, 1860 (for short “IPC”). According to the prosecution, Ramakuri Rathamma, the deceased, is native of Kondamur village and she married the accused eight years back and she was blessed with a daughter, aged about 3 years. Since three years, the accused is residing with the deceased in Nagarajupalli village of Martur Mandal and doing cultivation. The accused suspected the fidelity of his wife and frequently quarreling with her and subjected her to cruelty and harassment and he decided to do away with the deceased. On 20.01.2006, the deceased purchased two litres kerosene from PW.7 from his fare price shop and took the kerosene container to his land in Nagarajupalli and secreted the sa...


Aug 28 2012

M.K.V. Sharma Vs. the Joint Collector and Others

Court: Andhra Pradesh

Decided on: Aug-28-2012

The petitioner states that he purchased Ac.1.00 of land in Survey No.788 of Kistapur Village, Medchal Mandal, Ranga Reddy District through a sale deed, dated 19.02.1980, from respondent No.4. Long after the said purchase, he filed an application on 27.01.2003 before the Tahsildar, Medchal Mandal, respondent No.3 herein, under Section 5 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (for short ‘the Act’) for mutation of the entries and issuance of pattadar pass book and title deed. Respondent No.3 issued a notice to respondent No.4. The latter denied the execution of sale deed in favour of the petitioner. It also emerged that on 20.06.2002, she transferred her land in favour of her daughters-in-law. Taking note of the same, respondent No.3 rejected the application of the petitioner through order, dated 20.06.2003. The petitioner filed an appeal before the Special Deputy Collector and Revenue Divisional Officer, Ranga Reddy District, respondent No.2 he...


Aug 28 2012

Malichetla Suribabu Vs. the State of Andhra Pradesh, Rep. by Its Publi ...

Court: Andhra Pradesh

Decided on: Aug-28-2012

P. Durga Prasad, J. This appeal is directed against the conviction and sentence passed in S.C.No.165 of 2007 by the IV Additional District and Sessions Judge, Visakhapatnam on 02.07.2008. The appellant is the sole accused and he was prosecuted for the offence under Sections 302 and 309 of the Indian Penal Code, 1860 (for short “IPC”). According to the prosecution, the accused is resident of Matchavanipalem village and husband of the deceased Mallichetla Eswaramma. The accused is a deaf person and he suspected fidelity of his wife and used to beat her. One time he tried to strangulate the neck of his wife with her saree. On 06.04.2007 in the morning the accused and deceased left their village with adda leaves and went to the house of PW.1 and stayed there for two hours. Later they left the house of PW.1 at Kothakota at 11.00 hours. At about 11.30 hours PW.1 received a phone call from his sister PW.6 that the accused stabbed the deceased on her stomach with a knife and he him...


Aug 28 2012

V. Sivaramakrishna Vs. Hindustan Aeronautics Limited (a Government of ...

Court: Andhra Pradesh

Decided on: Aug-28-2012

This writ petition is filed by a former senior officer of the Hindustan Aeronautics Ltd., a Government of India undertaking, seeking directions by way of Mandamus, declaring the action of respondents in not accepting his request for voluntary retirement under the scheme, as illegal, unjust, arbitrary and consequently direct the respondents to treat his resignation as retirement from service under voluntary retirement scheme, 2000 for all purposes and to settle the terminal benefits under the said scheme. 2.   Facts in brief, which are necessary for the purpose of disposal of the writ petition, are as under: The petitioner herein was initially appointed on 6th August 1979 as a Management Trainee (Technical) in Hindustan Aeronautics Ltd., at Hyderabad. The said Company is a wholly Government of India undertaking. The petitioner was promoted as a Senior Manager in the month of July 1996. The Board of the 1st respondent-Company, in its meeting held on 21st of December 1999, had a...


Aug 28 2012

Ramakuri Nageswara Rao,s/O Anjaneyulu @ Vs. the State of A.P., Rep. by ...

Court: Andhra Pradesh

Decided on: Aug-28-2012

THE HON'BLE SRI JUSTICE N.V.RAMANA AND HON'BLE SRI JUSTICE P.DURGA PRASAD CRIMINAL APPEAL NO. 1027 OF 200.28-08-2012 Ramakuri Nageswara Rao,S/o Anjaneyulu @ Anjaiah, Aged 30 years, Nagarajupalli village, Martur Mandal,Prakasam District. The State of A.P., rep. by Public Prosecutor Counsel for the Appellant:Sri K.Suresh Reddy, Advocate. Counsel for the Respondent:Public Prosecutor : ?Cases referred:1. (2010) 5 SCC 45.2. 1994 Supp (1) SCC 53.3. AIR 200.SC 20.4. 1995-SCC-3-831 5. (2002)1 SCC 2.6. (2011)9 SCC 11.JUDGMENT: (per the Hon'ble Sri Justice P.Durga Prasad) This appeal is directed against the conviction and sentence passed in S.C.No.326 of 2007 by the Sessions Judge, Prakasam District on 09.05.2008. The appellant herein is the sole accused and he was prosecuted for the offence under Sections 498-A and 302 of the Indian Penal Code, 1860 (for short "IPC"). According to the prosecution, Ramakuri Rathamma, the deceased, is native of Kondamur village and she married the accu...


Aug 28 2012

V. SivaramakrishnA. Vs. Hindustan Aeronautics Limited (a Governm

Court: Andhra Pradesh

Decided on: Aug-28-2012

HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.12453 o28. 08.2012 V. Sivaramakrishna. Hindustan Aeronautics Limited (A Government of India Undertaking), Bangalore, rep. by its Chairman & another. For the petitioner: Sri G.Ramachandra Rao, Advocate. For Respondents: Ms. V.Uma, Advocate. : CITATIONS:1. AIR 200.SC 276.2.1990 (5) SLR 64.3.(2008) 7 SCC 2.ORDER : This writ petition is filed by a former senior officer of the Hindustan Aeronautics Ltd., a Government of India undertaking, seeking directions by way of Mandamus, declaring the action of respondents in not accepting his request for voluntary retirement under the scheme, as illegal, unjust, arbitrary and consequently direct the respondents to treat his resignation as retirement from service under voluntary retirement scheme, 2000 for all purposes and to settle the terminal benefits under the said scheme.2. Facts in brief, which are necessary for the purpose of disposal of the writ petition, are as under: The petitioner he...


Aug 28 2012

Malichetla Suribabu, S/O Late Veerunaidu Vs. the State of Andhra Prade ...

Court: Andhra Pradesh

Decided on: Aug-28-2012

THE HON'BLE SRI JUSTICE N.V.RAMANA AND HON'BLE SRI JUSTICE P.DURGA PRASAD CRIMINAL APPEAL NO. 1241 OF 200.28-08-2012 Malichetla Suribabu, S/o Late Veerunaidu, Aged about 51 years, Occ: Cultivation, R/o Matchavanipalem Village, Ravikamatam Mandal, Vishakhapatnam District. The State of Andhra Pradesh, rep. by its Public Prosecutor, High Court Bldgs., Hyderabad Counsel for the Appellant: Sri A.Madhava Rao, Advocate. Counsel for the Respondent: Public Prosecutor : ?Cases referred:1. (2005) 3 SCC 11.2. (2010) 10 SCC 43.3. (2010)12 SCC 31.JUDGMENT: (per the Hon'ble Sri Justice P.Durga Prasad) This appeal is directed against the conviction and sentence passed in S.C.No.165 of 2007 by the IV Additional District and Sessions Judge, Visakhapatnam on 02.07.2008. The appellant is the sole accused and he was prosecuted for the offence under Sections 302 and 309 of the Indian Penal Code, 1860 (for short "IPC"). According to the prosecution, the accused is resident of Matchavanipalem villa...


Aug 27 2012

M/S.Associated Biotech and Others Vs. the State Government of A.P. Rep ...

Court: Andhra Pradesh

Decided on: Aug-27-2012

The petitioners 1 to 5/A-1 to A-5 are accused of offences punishable under Sections 27(d) of the Drugs and Cosmetics Act, 1940 (in short, the Act) for violation of Section 18(a)(i)/16 and schedule-II and punishable under Section 27(c) of the Act for violation of Section 18(a)(i)/17B(d) of the Act. A-1 is having approval to manufacture drug viz., Rabpraz from the Licensing Authority, Shimla and A-2 to A-5 are partners of A-1 firm. It is alleged that they are all responsible for the day-to-day activities of the firm. On 05.09.2008 Drugs Inspector, Mahaboobnagar District had drawn sample of Rabpraz tablets from G.M. Medical and General Stores, Atmakur by allegedly following procedure prescribed by law and forwarded sealed portion of the sample drug to the Government Analyst, Drugs Control Laboratory, Hyderabad under registered parcel. On 06.07.2009, analysis report of the sample drug is received in Form-13 from the Government Analyst declaring the sample as not of standard quality for the...


Aug 27 2012

Kotla Hari Chakrapani Reddy and Another Vs. the State of A.P. Rep. by ...

Court: Andhra Pradesh

Decided on: Aug-27-2012

Common Order: These two criminal revision petitions are filed by two accused persons who are impleaded by the II Additional Sessions Judge, Kurnool at Adoni by order dated 04.06.2012 in S.C. No.63 of 2009. This case is a most horrible offence of attacking one group of persons against another group of persons resulting in 11 deaths. After completing investigation, the police filed charge sheet against 46 persons for punishing them for the offences under Sections 147, 148, 324, 326, 307, 302/149 I.P.C and Sections 3, 4 and 6 of the Explosive Substances Act, 1908 and Section 25(1)(B)(b), 27 of the Indian Arms Act, 1959. Out of the said accused, case was split up against 7 of them and rest of the case was committed to the Sessions Court for trial. When trial was going on, the lower Court passed the impugned order. Prosecution evidence was completed and the matter was coming up for examination of the accused under Section 313 Cr.P.C. At that stage, some dramatic incident had happened in the...


Aug 27 2012

Kanala Obula Konda Reddy Vs. Hindustan Petroleum Corporation Limited, ...

Court: Andhra Pradesh

Decided on: Aug-27-2012

Reported in: 2012(6)ALD51

This writ petition has been taken out by Kanala Obula Konda Reddy seeking mandamus declaring the action of the Senior Regional Manager, Hindustan Petroleum Corporation Limited, LPG Regional Office, Anantapur, A.P.-2nd respondent in issuing the proceedings vide Ref.No.SSP/LPG, dated 06.05.2010, disqualifying him as LPG Dealership/Distributorship of Duvvur Village and Mandal, Kadapa District, as illegal and arbitrary. The consequential relief to set aside the letter of intent, dated 09.08.2010, issued in favour of Ms.Arundhathi Gangi Reddy- 5th respondent, has also been sought for. 2. 1st respondent is a Company incorporated under the Companies Act, 1956. It is ‘State’ within the meaning of Article 12 of the Constitution of India. Its function, inter alia, is allotment of grant of LPG Distributorship. An advertisement was issued by the 2nd respondent on 01.10.2007 in EENADU daily newspaper in Andhra Pradesh inviting applications for appointment of LPG Dealership/Distributorsh...


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