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Andhra Pradesh Court February 2013 Judgments

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Feb 14 2013

Mother theresa Memorial Christian Minori Vs. the State of A.P., Reptd ...

Court: Andhra Pradesh

Decided on: Feb-14-2013

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.24093 o14. 02.2013 Mother Theresa Memorial Christian Minority Educational Society, Proddatur, Reptd by its Correspondent-Smt K.C.Babamma The State of A.P., Reptd by its Principal Secretary,(Revenue-LA), Hyderabad and four others. Counsel for the Petitioner: Sri C.V.Mohan Reddylearned Senior Counsel for Sri G.Purushotham Reddy Counsel for Respondent Nos.1 to 3: Special Government Pleader ^Counsel for Respondent Nos.4 & 5: GP for Roads and Buildings : ?CITATIONS:2011. 5) ALT 8.The Court made the following: ORDER: This Writ Petition is filed for a Mandamus to set aside declaration, dated 22.07.2011, issued under Section 6 of the Land Acquisition Act, 1894 (for short 'the Act') as unconstitutional. The petitioner is running a group of educational institutions over an extent of Acs.5-00 of land in Survey Nos.482/1, 483 and 484 of Peddasettipalli Village, Proddatur Mandal, Kadapa District. Respondent No.3 issued notification under ...


Feb 14 2013

K. Suresh Kumar Reddy Vs. Krishna University, Andhra Jateeya Kalas

Court: Andhra Pradesh

Decided on: Feb-14-2013

THE HON'BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.3969 o14. 02.2013 K. Suresh Kumar Reddy Krishna University, Andhra Jateeya Kalasala Campus,Rajupeta, Machilipatnam, Krishna District, rep.by its Registrar. Counsel for Petitioners: Sri K. Rathangapani Reddy Counsel for Respondents:Dr.P.B. Vijaya Kumar S.C. respondent HEAD NOTE: ?Cases referred 1. 1993 Supp (2) SCC 61.2. (1997) 4 SCC 1.3. (2011) 9 SCC 43.4. (1990) 2 SCC 66.ORDER: The question that arises for consideration in this writ petition is whether or not the petitioner, who was not qualified with a Ph.D. Degree as on the date of Notification/last date for submission of applications, but who acquired the qualification later, can be considered as qualified for consideration and appointment as Assistant Professor.2. On 23.04.2011 the respondent-University issued Recruitment Notification inviting applications for appointment of Professors, Associate Professors and Assistant Professors in various departments of the University. The l...


Feb 14 2013

Dr. Javvaji Koti Nagaiah Vs. 1. the Hon'ble the Chief Justice, High

Court: Andhra Pradesh

Decided on: Feb-14-2013

THE HON'BLE Ms. JUSTICE G. ROHINI AND THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR WRIT PETITION No.2824 OF 201.14.02.2013 Dr. Javvaji Koti Nagaiah 1. The Hon'ble the Chief Justice, High Court of Andhra Pradesh, Hyderabad, and two others. Counsel for the Petitioner: Sri Potti Venkata Ramana Rao Counsel for respondents: Sri P. Venugopal, Standing counsel for AP High Court (GIST: (HEAD NOTE: Cases cited:1. 2004 (8) Suprem2. 2000 (1) SCALE 45 = (2000) 2 SCC 39.3 AIR (ALL421. 4 (1998) 1 SC5. (2010) 10 SCC 32.6 AIR 198.SC 143.7 JT 200.(9) SC 56.8 (1995) 3 SCC 75.ORDER: (Per G. Rohini, J) The writ petitioner is the petitioner No.1 in Contempt Case No.17 of 2012 pending before a learned Single Judge of this Court. On 20.01.2013 the petitioner addressed a letter to the Hon'ble Chief Justice of A.P., High Court requesting to direct the Registrar to post the said contempt case before any other judge or before a Division Bench for the reasons stated therein. Alleging that his representation has not be...


Feb 14 2013

B.Sarojamma Vs. the Revenue Divisional Officer and Other

Court: Andhra Pradesh

Decided on: Feb-14-2013

THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.4393 o14. 02-2013 B.Sarojamma The Revenue Divisional Officer and others. Counsel for the Petitioner: Sri N.Ranga Reddy Counsel for Respondents: G.P. for Civil Supplies : ?Citations:1. 2008 (1) ALD 52.ORDER: The 3rd respondent was appointed as a dealer for a fair price shop at Bommireddipally Village, Nallacheruvu Mandal, Anantapur District on 08.01.2003. A news item was published alleging that the 3rd respondent has indulged in diversion of rice meant for public distribution. The Tahsildar of the Mandal, the 2nd respondent herein, submitted a complaint and the Station House Officer, Nallacheruvu Police Station registered Crime No.32 of 2004. The appointing authority, the 1st respondent herein, issued a show cause notice, dated 03.02.2004, and has placed the 3rd respondent under suspension pending enquiry. In the place of the 3rd respondent, the petitioner herein was appointed as in- charge dealer. The criminal Court, which trie...


Feb 13 2013

Komati Seetha Mahalakshmi and Others. Vs. Gorrepati Nagabhushanam@ Bus ...

Court: Andhra Pradesh

Decided on: Feb-13-2013

THE HON'BLE SRI JUSTICE B. CHANDRA KUMAR M.A.C.M.A. No.86 o13. 2-2013 Komati Seetha Mahalakshmi and others. Gorrepati Nagabhushanam@ Busi and others. Counsel for the Appellants:Sri.Chalakani Venkat Yadav Counsel for respondents: None appeared HEAD NOTE: ?Cases referred: JUDGMENT: This M.A.C.M.A. is filed by the petitioners aggrieved by the order dated 7-12-2012 passed in M.V.O.P. No.140 of 2008 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-Judge, Family Court-cum-IV Additional District Judge, Vijayawada. Appellants herein are the claimants, respondent No.1 is the driver, Respondent No.2 is the owner and Respondent No.3 is the Insurance Company of the vehicle, which was involved in an accident. There is no need to give notice to the respondents in this appeal and this appeal can be disposed of at the admission stage itself. Notice was not served on respondent No.2. Paper publication was ordered as a substitute service. It appears that the petitioners failed to file th...


Feb 13 2013

Marugu Narayana Vs. State of A.P. Rep. by Inspector of Polic

Court: Andhra Pradesh

Decided on: Feb-13-2013

THE HON'BLE MR JUSTICE R. KANTHA RAO CRL.A.No. 1948 OF 200.13.02.2013 Marugu Narayana State of A.P. rep. by Inspector of Police ACB, Hyderabad Counsel for the Appellant: Mr D.Purnachandra Reddy Counsel for respondents: Standing Counsel for ACB HEAD NOTE: Cases referred:1. (2002) 9 SCC 53.2 2004 CRI.L.J.620 JUDGMENT: This appeal by the sole accused arises out of the judgment dated 16.12.2005 passed by the IV Additional Chief Judge, City Civil Court, Hyderabad - cum- Principal Special Judge for SPE & ACB Cases, Hyderabad in C.C.No.12 of 2001, whereby and whereunder the appellant was convicted for the offences punishable under Sections 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 (for short "the Act") and sentenced to under go rigorous imprisonment for a period of one year for the offence under Section 7 of the Act and to pay fine of Rs.1,000/- and also sentenced to undergo rigorous imprisonment for a period of two years for the offence under Sect...


Feb 13 2013

Yachamaneni Rajaiah Naidu Vs. Yachamaneni Munikrishnaiah and Others

Court: Andhra Pradesh

Decided on: Feb-13-2013

HONOURABLE SRI JUSTICE L. NARASIMHA REDDY SECOND APPEAL No.1425 OF 201.13-02-2013 Yachamaneni Rajaiah Naidu Yachamaneni Munikrishnaiah and others Counsel for the Appellant: Sri S. V. Muni Reddy Counsel for the Respondents : None : ?Cases referred: JUDGMENT: The appellant filed O.S. No.514 of 2005 in the Court of the Principal Junior Civil Judge, Srikalahasthi, against the respondents for the relief of perpetual injunction in respect of eight items of agricultural lands, aggregating to an extent of Acs.2.29 cents of land in different survey numbers of Kanamanambedu Village, Buchinaidu Kandriga Mandal, Chittoor District. He pleaded that the suit schedule property was purchased under four registered Sale Deeds, dated 03- 11-2005, 01-12-2005, 05-12-2005 and 08-12-2005 from the original owner and that his name was entered in the 10(1) account and No.2 Adangal in the year 2005. It was alleged that the respondents are trying to interfere with his possession. The respondents, on the other hand...


Feb 13 2013

Bulusu Sundareshwara Murthy and Another Vs. Ravi Kumar and Another

Court: Andhra Pradesh

Decided on: Feb-13-2013

HONOURABLE SRI JUSTICE R. KANTHARAO CIVIL REVISION PETITION No. 3359 OF 201.13-02-2013 Bulusu Sundareshwara Murthy and another ... Petitioners And Ravi Kumar and another ...Respondents Counsel for the Petitioners: Sri Shafath Ahmed Khan Counsel for the respondents: Sri K. Someswara Kumar : ?Cases referred:1. 1987 (1) SCC 68.2. AIR 200.SC 120.ORDER: This Civil Revision Petition is filed by the first defendant in O.S.No. 88 of 2003 on the file of the Court of II-Additional Senior Civil Judge, (FTC), Mahaboobnagar, against the order dated 09.03.2012, in I.A.No. 45 of 2011 in the said suit. 2. I have heard Sri Shafath Ahmed Khan, the learned counsel appearing for the revision petitioner/first defendant and Sri K.Someswara Kumar, the learned counsel appearing for the respondent/plaintiff. 3. The brief facts relevant for considering the present Civil Revision Petition are that the respondent's mother G.V. Ramanamma filed O.S.No.88 of 2003 on the file of the Court of II Additional Senior Civ...


Feb 13 2013

M/S. Agarwal Industries Limited Vs. the Commissioner of Commercial Tax ...

Court: Andhra Pradesh

Decided on: Feb-13-2013

THE HON'BLE SRI JUSTICE GODA RAGHURAM AND THE HONB'BLE SRI JUSTICE M.S RAMA CHANDRA RAO Spl. A No.2 o13. 2-2013 M/s. Agarwal Industries Limited The Commissioner of Commercial Taxes, A P, Hyd. Counsel for the petitioner : Sri S. Ravi, Sr. Advocate Counsel for the Respondents: Sri P. Balaji Varma Spl G.P. for CT : : ?Cases referred: JUDGMENT: (Per Hon'ble Sri Justice M.S.Ramachandra Rao) This Special Appeal is filed under Section 23(1) of the Andhra Pradesh General Sales Tax Act, 1957 (for short "the GST Act") by the assessee challenging the order dated 13.7.2010 of the respondent. The appellant-assessee is a company registered under the Companies Act, 1956 engaged in the manufacture and sale of vegetable oils, vanaspathi. It is registered as a dealer on the rolls of the Commercial Tax Officer, Gowliguda, Hyderabad during the year 2000-01 and at the time of filing this appeal on the rolls of the Commercial Tax Officer, Special Commodities Circle, Saroornagar Division under the ...


Feb 13 2013

The Chairman, Family Benefit Scheme, Indian Medical Association Vs. Ta ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Feb-13-2013

Oral Order: (Sri R. Lakshminarasimha Rao, Honble Member) 1. The opposite party is the appellant. 2. The facts of the case as seen from the complaint are that the complainant is the wife of Dr. T.V.S. Ramakrishna who used to reside Machilipatnam. He was a life member of Indian Medical Association, A.P. State Branch. The medical association had introduced a family benefit scheme for its members and Dr.Ramakrishna became a member of the scheme with membership No.M/1/0022/02252/92 in the year 1992. The complainant was mentioned as nominee of Dr. T.V.S. Ramakrishna. Under the scheme each member has to subscribe `2,100/- every half year before the end of March and September. If payments are not made within the due date the member can pay the subscription with a late fee of `200/- per month. If the dues are not cleared within six months from the date of the bill, the membership would stand terminated as per sub clause 2 of clause V of Constitution of Family Benefit Scheme (FBS for brief). Dr....


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