Andhra Pradesh Court August 2012 Judgments

Patri Mahesh Vs. State of Andhra Pradesh, Rep. by Its Public Prosecuto ...

Court: Andhra Pradesh

This Criminal Petition has been taken out under Section 482 Cr.P.C. by the accused in C.C.No.100 of 2008 on the file of Judicial First Magistrate of First Class, Ichapuram to quash the order dated 28.4.2010 passed in Crl.M.P.No.48 of 2010. 2. Facts, in brief, are:- The 2nd respondent is the complainant in C.C.No.100 of 2008 on the file of Judicial Magistrate of First Class, Ichapuram. The petitioner approached the complainant for financial assistance for purchase of consumer articles. The complainant provided financial assistance to the accused as per the terms and conditions of the loan agreement. The petitioner issued cheque bearing No.482865, dt.07.01.2008 drawn on State Bank of India, Ichapuram for Rs.3,031/- towards part payment of the loan amount. The complainant presented the said cheque before Andhra Bank, Ichapuram for collection. The Andhra Bank, Ichapuram sent the said cheque for collection to State Bank of India, Ichapuram. The cheque came to be dishonoured on 15.5.2007. Th...

Mounika Sahu Vs. the State of A.P. and Others

Court: Andhra Pradesh

The petitioner submitted an application before the Revenue Divisional Officer, Tekkali Division, 3rd respondent herein under the A.P. (SCs, STs and BCs) Regulation of Issue of Community Certificates Act, 1993 (for short ‘the Act’) with a request to issue her a certificate to the effect that she belongs to Schedule Tribe (S.T.) Community (Bentho Oria). The 3rd respondent passed an order dated 20.07.2012 rejecting the application of the petitioner. According to him, the petitioner belongs to “Oddi/Odiya” but not “Bentho Oria (S.T.)”. Feeling aggrieved by the said order, the petitioner filed an appeal before the District Collector, Srikakulam, 2nd respondent herein under Section 7 of the Act. She has also made a prayer for interim orders. This writ petition is filed for a Writ of Mandamus to declare the action of the 2nd respondent in not passing the orders in the appeal preferred by the petitioner as illegal and arbitrary. Learned counsel for the petit...

T. Srinivas and Others Vs. E. Ravinder and Others

Court: Andhra Pradesh

Reported in: 2012(5)ALD785

(Appeal under Section 96 of CPC against the Judgment and Decree dated 26-4-2012 in E.A.No.264 of 2007 in E.P.No.34 of 2007 in O.S.No.8 of 1996 on the file of the court of the III Senior Civil Judge, City Civil Court, Secunderabad.) Common Judgment: (G. Rohini, J.) These two appeals are preferred under Section 96 of C.P.C. aggrieved by the dismissal of two claim petitions filed under Order 21 Rule 97 of C.P.C. in E.P.No.34 of 2007 in O.S.No.8 of 1996 on the file of the Court of the III-Senior Civil Judge, City Civil Courts, Secunderabad. The appellants herein are the claim petitioners. The respondent No.1 in both the appeals is the decree-holder / plaintiff in O.S.No.8 of 1996 filed for specific performance of an Agreement of Sale executed by the respondent No.2 herein. The said suit was decreed by judgment dated 15.4.2003. Against the said judgment and decree, the defendants filed CCCA.No.340 of 2003. A Division Bench of this Court by judgment dated 15.11.2006 dismissed the appeal and ...

Dr. K. Ramesh Vs. State of Andhra Pradesh, Rep. by Its Public Prosecut ...

Court: Andhra Pradesh

The petitioner is accused of offence punishable under Section 306 I.P.C. He is a canal contractor. The deceased took canal work from the accused on sub-contract basis and was executing the work by engaging coolies and by investing Rs.30,000/- per week. It is alleged that since 4 weeks the accused failed to pay work bills of the deceased to a tune of Rs.1,00,000/- and the coolies were going round house of the deceased for their amounts and that therefore the deceased approached the accused and asked him to pay the amount due for the canal work in order to pay the same to the coolies and that the accused threatened the deceased saying he is not going to pay any amount to the deceased and if the deceased is not in a position to pay the amount to the coolies, the accused instigated the deceased to die himself. According to the prosecution, the said utterances are motive for the offence. Ultimately the deceased became vexed with attitude of the accused and committed suicide by hanging with ...

M/S. Chennakesava Pharmaceuticals, Vijayawada Vs. the Commissioner of ...

Court: Andhra Pradesh

Common Judgment(M.S. Ramachandra Rao): 1. I.T.T.A.Nos.29, 33 and 31 of 2000 are filed under section 260-A of the Income Tax Act, 1961 (for brevity ‘the Act) by M/s.Chennakesava Pharmaceuticals, Vijayawada (herein after referred to as ‘assessee’) against the common orders of the A.P. Income Tax Appellate Tribunal (Hyderabad Bench ‘B’), Hyderabad in I.T.A.Nos.181, 182 and 183/Hyd/93 for the assessment years 1982-83, 1983-84 and 1984-85 respectively. 2. The assessee had filed its return of income declaring income of Rs.53,102/-, Rs.69,930/- and Rs.91,890/- for the assessment years 1982-83, 1983-84 and 1984-85 respectively. An intimation under Section 143 (1) of the Act was sent for the assessment years 1982-83 and 1983-84. 3. During November 1985, the Income Tax Department initiated survey operations under Section 133-A of the Act. The assessee filed revised return declaring an income of Rs.1,33,102, Rs.1,64,930 and Rs.1,76,890 for the assessment years 1982-8...

P.V. Satyanarayana Murthy and Others Vs. the State of Andhra Pradesh a ...

Court: Andhra Pradesh

The petitioners feel aggrieved by the order, dated 20.05.2011, passed by the Joint Collector, Visakhapatnam, the 2nd respondent herein. The facts, in brief, that gave rise to the filing of the writ petition are as under: The petitioners were issued house site pattas, in respect of plots, varying in size from 293 square yards to 355 square yards, in survey No.164 of Chingadila Village, Visakhapatnam Mandal and District, on 31.05.1979. They were also put in possession of the plots. One of the conditions imposed was that, houses must be constructed, within a period of 12 months from the date of allotment. The Tahasildar of the Mandal, the 4th respondent, sought to cancel the pattas, on the ground that houses were not constructed within the stipulated time. The petitioners filed W.P.No.8648 of 1982. An interim order was passed in that writ petition. However, during the pendnecy of that, the 4th respondent issued notices proposing cancellation of the allotment, on the same ground viz., that...

National Insurance Company Ltd. Vs. Sri Krishna and Others

Court: Andhra Pradesh

The insurer, who is the third respondent in M.V.O.P.No.209 of 2006 on the file of the Chairman, Accidents Claims Tribunal-cum-I Additional Chief Judge, City Civil Court, Secunderabad (for short ‘the Tribunal’), impugns the Award dated 08.10.2010 whereunder the learned Chairman awarded compensation at Rs.5,18,000/- together with interest at 7.5% p.a., in favour of the claimants. 2. The deceased initially laid the claim seeking compensation for the injuries sustained by him. He later died. His wife and six children have come on record as petitioners 2 to 8 in M.V.O.P.No.209 of 2006. 3. The deceased by name Krishna was working as a labourer in a construction company owned by the second respondent. In an accident caused by lorry bearing registration No. AP 10 U 4169 owned by the second respondent, the deceased sustained grievous injuries. The accident occurred on 30.01.2003. The deceased underwent treatment at various places. Subsequently, he breathed his lost on 15.04.2004. Co...

Dr.K.Ramesh Vs. State of Andhra Pradesh, Rep. by Its Pub

Court: Andhra Pradesh

THE HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.6309 o27. 08-2012 Dr.K.Ramesh State of Andhra Pradesh, rep. by its Public Prosecutor Counsel for the Petitioners : Mr.Vedula Srinivas Counsel for the Respondent: Public Prosecutor : : Cases referred: (2009) 16 Supreme Court Cases 605 ORDER : The petitioner is accused of offence punishable under Section 306 I.P.C. He is a canal contractor. The deceased took canal work from the accused on sub- contract basis and was executing the work by engaging coolies and by investing Rs.30,000/- per week. It is alleged that since 4 weeks the accused failed to pay work bills of the deceased to a tune of Rs.1,00,000/- and the coolies were going round house of the deceased for their amounts and that therefore the deceased approached the accused and asked him to pay the amount due for the canal work in order to pay the same to the coolies and that the accused threatened the deceased saying he is not going to pay any amount to the dec...

M/S.Associated Biotech and 4 Others Vs. the State Government of A.P. R ...

Court: Andhra Pradesh

THE HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.6019 o27. 08-2012 M/s.Associated Biotech and 4 others The State Government of A.P. rep. by Asst. Director,Incharge Drugs Inspector, Mahabubnagar District, Rep. by its Public Prosecutor Counsel for the Petitioners : M/s.Dilip Kumar Jaiswal Counsel for the Respondent: Public Prosecutor : : Cases referred: (2008)3 Supreme Court Cases (Cri) 20 ORDER : 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...

Patri Mahesh S/O Late Ganapathi Aged Abo Vs. State of Andhra Pradesh, ...

Court: Andhra Pradesh

THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.5315 o27. 08-2012 Patri Mahesh S/o late Ganapathi Aged about 33 years, Occ: Business Ichapuram, Srikakulam District State of Andhra Pradesh, rep. by its Public Prosecutor, High Court of A.P., and another ORDER: This Criminal Petition has been taken out under Section 482 Cr.P.C. by the accused in C.C.No.100 of 2008 on the file of Judicial First Magistrate of First Class, Ichapuram to quash the order dated 28.4.2010 passed in Crl.M.P.No.48 of 2010. 2. Facts, in brief, are:- The 2nd respondent is the complainant in C.C.No.100 of 2008 on the file of Judicial Magistrate of First Class, Ichapuram. The petitioner approached the complainant for financial assistance for purchase of consumer articles. The complainant provided financial assistance to the accused as per the terms and conditions of the loan agreement. The petitioner issued cheque bearing No.482865, dt.07.01.2008 drawn on State Bank of India, Ichapuram for Rs.3,031/- t...