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Andhra Pradesh Court October 2013 Judgments

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Oct 10 2013

M/S.Suryodaya Infra Projects (i) Pvt. Lt Vs. the National Mineral Deve ...

Court: Andhra Pradesh

Decided on: Oct-10-2013

THE HON'BLE Sr.JUSTICE RAMESH RANGANATHAN WRIT PETITION No.23822 of 2013 Dated: 10-10-2013 M/s.Suryodaya Infra Projects (I) PVT.Ltd....Petitioner The National Mineral Development Corporation Limited & 3 Ors....Respondents Counsel for the petitioner: Sr.G.Ramgopal and Sr.Gogineni Vijaya Babu Counsel for respondents 1 to 3: Sr.T.Muralidhar Rao Counsel for respondent No.4: Sr.K.Raghavacharyulu HEAD NOTE: ?. Citations: 1) (2012) 4 SCC4072) (1991 Supp (1) SCC414AIR1990SC22053) AIR1967SC12694) (1978) 1 SCC4055) (1991) 3 SCC386) (2010) 2 SCC4977) (1990) 4 SCC5948) (2010) 9 SCC4969) (2010) 13 SCC42710) (1992) 4 SCC605= AIR1993SC140711) (1989) C.O.D.466 12) (1980) 1 W.L.R.582, 59 13) (2008) 16 SCC40514) (1989) 2 SCC11615) (1989) 1 WLR52516) (2007) 2 SCC58817) (1990).SCC28018) AIR1952SC1619) (2007) 14 SCC51720) (2010) 8 SCC4921) AIR1975SC26622) AIR1978SC93023) (1989) 1 SCC22924) (1979) 3 SCC48925) (2007) 6 SCC8126) (1991) 1 SCC21227) AIR2005SC46928) (2000) 1 SCR50529) Judgment of the S.C.in ...


Oct 10 2013

Smt. Bommidipati Madha Vs. the State of Andhra Pradesh Rep.by Publi

Court: Andhra Pradesh

Decided on: Oct-10-2013

HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR CRIMINAL PETITION No.9065 OF201210-10-2013 Smt. Bommidipati Madhavi....Petitioner/accused The State of Andhra Pradesh rep.by Public Prosecutor, High Court of A.P., Hyderabad and another....Respondents Counsel for Petitioner/accused:Sri E.Venkata Reddy Counsel for Respondent No.1 : Public Prosecutor Counsel for Respondent No.2 : Sri G.Ram Gopal HEAD NOTE: ?.Cases referred:1. (2002) 5 SCC6612) 1992 Supp (1) SCC3353) 1997(2) SCC6994) (2011) 5 SCC708 (2011) 2 SCC (Crl) 764 5) (2008) 17 SCC1476) (1984) 4 SCC3527) (2000) 1 SCC18) 2011(3) SCC351HONOURABLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.9065 OF2012ORDER: This Criminal Petition, under Section 482 of Criminal Procedure Code, 1973 (for short 'the Cr.P.C.'), is filed by the petitioner - accused who is proprietress of M/s. Sai Santhosh Constructions ( for short 'the firm'), seeking to quash the proceedings in C.C.No.170 of 2012 on the file of the Metropolitan Magistrate, Bheemunipatnam, Visa...


Oct 10 2013

Kommineni Harib Vs. Tahsildar, Chandragiri Mandal, Chittoor

Court: Andhra Pradesh

Decided on: Oct-10-2013

THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.22974 of 2013 Dated:10-10-2013 Kommineni Haribabu...Petitioner Tahsildar, Chandragiri Mandal, Chittoor District and others ..Respondents ^Counsel for the Petitioner: Sr.Malladi Pavan Kumar Aditya !Counsel for respondent Nos.1 to 3: AGP for Revenue Counsel for respondent No.4: Sr.N.Bharat Babu Head note: ?.Cases referred: The Court made the following: ORDER: This writ petition is filed for certiorari to quash proceedings bearing R.Dis.No.D4/6818/2011, dated 10.07.2013, of respondent No.3, whereby he has dismissed the petitioner's revision petition for default. The facts leading to filing of this writ petition are as under: The petitioner claims ownership and possession in respect of Ac.0.01 cents in Sy.No.661/3, Ac.0.01 cents in Sy.No.661/6, Ac.0.03 cents in Sy.No.662/2J.Ac.0.22 cents in Sy.No.662/2K, Ac.3.04 cents in Sy.No.370, Ac.1.09 cents in Sy.No.673/11, Ac.1.10 cents in Sy.No.688/5, Ac.1.00 in Sy.No.731/1B, totally admeas...


Oct 09 2013

Founder and Secretary Nova Group of Institutions and Another Vs. Peddi ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Oct-09-2013

Oral Order: (M. Shreesha, Member) 1) Aggrieved by the order in CC No. 11/2013 on the file of the Dist. Forum, Machilipatnam, the opposite parties preferred this appeal and along with it the above application to condone delay of 140 days in filing the appeal on the ground that the order was passed in the month of April, 2013 and the same was brought to the notice of petitioners upon receipt of notice in PP No. 4/2013 in CC No. 11/2013 filed by the complainant. Thereafter the petitioners obtained a certified copy of the order on 2.8.2013 and later efforts were made to prefer the appeal but due to Samakya Andhra Agitation they could not prefer the appeal immediately. The delay is neither wilful nor wanton but for the aforementioned reasons and therefore prayed that the delay may be condoned. 2) In the light of the fact that delay is an inordinate 205 days without any material whatsoever to substantiate the delay, we do not wish to order any notice to the respondent as no improvement could...


Oct 09 2013

The Chief Manager Andhra Bank MaIn Road, Srikakulam and Another Vs. At ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Oct-09-2013

Oral Order: (M. Shreesha, Member) 1) Aggrieved by the order in CC No. 89/2012 on the file of the Dist. Forum, Srikakulam, the opposite parties preferred this appeal and along with it the above application to condone delay of 170 days in filing the appeal on the ground that the order copy despatched by the Dist. Forum on 4.12.2012 has not been received by the bank and they came to know about the order only when the complainant enquired about non-compliance of order of the Dist. Forum. Immediately they applied for certified copy of the order and obtained the same on 12.4.2013. The petitioner submits that on receipt of copy of the order they contacted their controlling authority which in turn directed to prefer the appeal as they have got fair chances of succeeding the matter. The delay in preferring the appeal is neither wilful nor wanton and therefore prayed that the delay may be condoned. 2) The respondent/complainant filed counter resisting the application contending that the petition...


Oct 09 2013

Sri Nikhil NavIn Satra and 2other Vs. the State of A.P. Rep.by Public ...

Court: Andhra Pradesh

Decided on: Oct-09-2013

THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR CRIMINAL PETITION No.4928 OF201309-10-2013 Sri Nikhil Navin Satra and 2 others.....PETITIONERS/ACCU The State of A.P. rep.by Public Prosecutor, High Court of A.P., Hyderabad......RESPONDENTS/COMPLAINANT Counsel for Petitioners/Accused: M/s. Shyam S. Agarwal Counsel for Respondents/Complnt: M/s. K.Prabhakar Reddy GIST : HEAD NOTE : ?.Cases referred :2011. 5) SCC7082007(1) ALT (Crl.)293 A.P. 1998(1) ALT(Crl.) 1(A.P.) 2007(1) ALT (Crl) 293 (AP) (2005)(2) ALT (Crl)463 (AP) 2008 Crl.L.J, 4092 2003(11) SCC1262011(11)SCC301HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION NO.4928 OF2013ORDER : The present application under Section 482 Cr.P.C. is filed by the accused 1 to 3 questioning the investigation in Crime No.49 of 2013 of Women Police Station, Saroornagar, Cyberabad, which was registered for the offences punishable under Sections 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act.2. The allegations in the report would disclose that t...


Oct 09 2013

Mir Alamdara Vs. the Joint Collector-i, Hyderabad and Oth

Court: Andhra Pradesh

Decided on: Oct-09-2013

THE HON'BLE Sr.JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION Nos.29204 of 2013 and batch dated: 09-10-2013 Mir Alamdar Ali.Petitioner The Joint Collector-I, Hyderabad and others .Respondents Counsel for the Petitioner: Sr.Vijay B.Paropkari for Sr.S.Sanjeeva Reddy Counsel for respondent No.1: Assistant Government Pleader for Revenue Counsel for other respondents: -- : : ?.Cases referred: 1. (1996) 3 SCC3642. (2000) 7 SCC5293. (2012) 1 SCC83Common Order: These writ petitions have been filed against the orders passed by respondent No.1, whereby he has declined to condone the huge delay in filing the appeals against the orders granting Occupancy Rights Certificates (ORCs) in favour of the private respondents in these writ petitions. The Revenue Divisional Officer (East Division).Ranga Reddy District, has granted ORCs in favour of the private respondents on different dates between the years 1978 and 1993. The father of the petitioner, who claimed to be the owner of the lands in question, has co...


Oct 09 2013

M/S. Deccan Cements Ltd., Hyderaba Vs. the Commissioner of Income Tax ...

Court: Andhra Pradesh

Decided on: Oct-09-2013

THE HONOURABLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON'BLE SRI K.C. BHANU REFERRED CASE NO.3 OF1996dated:09-10-2013 M/s. Deccan Cements Ltd., Hyderabad... Petitioner The Commissioner of Income Tax Andhra Pradesh Hyderabad ... Respondent COUNSEL FOR PETITIONER: Sri S. Ravi COUNSEL FOR RESPONDENT: Sri S.R. Ashok GIST HEAD NOTE: ?.CITATIONS1 [1997]. 107 ITR1952. [2009]. 317 ITR218(SC) 3. [1963]. 48 ITR1234. [2003]. 262 ITR2785. [1948]. 16 ITR3256. [1955]. 27 ITR1(SC) HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND HON'BLE SRI JUSTICE K.C. BHANU R.C.No.3 of 1996 ORDER: (Per Hon'ble the Chief Justice Sri Kalyan Jyoti Sengupta) This case has been referred under Section 256 of the Income Tax Act, 1961 (hereinafter referred to as 'said Act') by the learned Income Tax Appellate Tribunal, Hyderabad Bench, for opinion of this Court, on the following questions:1. Whether on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the a...


Oct 09 2013

Government of A.P.and Oth Vs. K.Naveen Kumar and Anot

Court: Andhra Pradesh

Decided on: Oct-09-2013

THE HON'BLE Sr.JUSTICE L.NARASIMHA REDDY AND THE HON'BLE Sr.A.RAJASHEKER REDDY WRIT PETITION No.30482 of 2010 dated:09-10-2013 Government of A.P.and others...PETITIONERS K.Naveen Kumar and another...RESPONDENTS COUNSEL FOR THE PETITIONER :G.P.for Services-1 ^COUNSEL FOR THE REPSPONDENTS:Sr.M.Surender Rao : ?.CASES REFERRED: 1.(2007) 4 scc 669 2. (2010) 1 scc (L&S)129 ORDER: (per the Hon'ble Sr.Justice L.Narasimha Reddy) This writ petition is filed by the respondents in O.A.No.2706 of 2008 on the file of the A.P.Administrative Tribunal against the order, dated 22.10.2010 passed therein. The 1st respondent (for short 'the respondent') filed the O.A.challenging the order, dated 16.10.2006, passed by the 3rd petitioner herein removing him from service. The Tribunal allowed the O.A.and has set aside the order impugned therein. The respondent was appointed as Sub-Inspector on 02.05.2005 through direct recruitment and he was under probation. He was posted at Pembi Police Station, Adilabad...


Oct 08 2013

Shankar Mazumder Vs. M/S. Aliens Developers (P) Ltd. and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Oct-08-2013

(Smt. M. Shreesha, Incharge President) The brief facts as set out in the complaint are that the complainant was approached by the marketing executives of the opposite parties builder and attracted by their representations, he decided to buy a flat in SPACE STATION-II in Sy.Nos.204/A, 210, 211, 212, 213, 220/A of Tummuur Village, Maheswaram Mandal Ranga Reddy District and he agreed to purchase flat No.702 for a total sale consideration of Rs.28,01,942/- and accordingly entered into an agreement of reservation of flat dated 11-9-2008. In pursuance of the said agreement, the complainant paid the following amounts towards advance sale consideration:S.No.Amount depositedDate of deposit1.Rs.2,50,000/-11-9-20082.Rs.1,70,466/-15-11-2008The complainant submitted that subsequent to the receipt of the said amounts, opposite parties informed that the project had run into problems and is not likely to be completed within the stipulated time and requested the complainant for the allotment to be tran...


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