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Andhra Pradesh Court March 2014 Judgments

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Mar 20 2014

A.Abrah Vs. the Cement Corporation of India and Two

Court: Andhra Pradesh

Decided on: Mar-20-2014

HONBLE Sr.JUSTICE DAMA SESHADRI NAIDU W.P.Nos.11114 of 2006 and batch 20-03-2014. A.Abraham .PETITIONER The Cement Corporation of India and two others ..RESPONDENTS Counsel for the petitioner:Sr.M. Pandurangarao. Counsel for the respondents:Sr.N. Narasimha Rao. : ?. CITATIONS: 1.1972(1) SCC651 2.1998 (7) SCC379 3.(2001) 7 SCC549 4.(2010) 8 SCC6735.(2013) 3 SCC472HONOURABLE Sr.JUSTICE DAMA SESHADRI NAIDU WRIT PETITION NOs.11114 of 2006 and 1932 of 2006 Common Order: These two Writ Petitions concern themselves with the issue of non-payment of certain terminal and other service benefits to the petitioners by their employer namely the Cement Corporation of India Limited (CCIL for brevity).despite this Court declaring, in its Order dated 6th July, 1999 in W.P.No.10228 of 1998 and batch, that the transferring of the petitioner and other employees to another company i.e., India Cement Limited (ICL for brevity).was illegal and void. The petitioneRs.having attained the age of superannuation in ...


Mar 20 2014

K.Jais Vs. K.Mohan Rao and Anot

Court: Andhra Pradesh

Decided on: Mar-20-2014

The Hon'ble Sr.Justice C.V.Nagarjuna Reddy Appeal Suit (Sr.No.12346 of 2011 20-03-2014 K.Jaisena...Petitioner K.Mohan Rao and another...Respondents Counsel for the petitioner:Mr.P.Keshava Rao Counsel for respondents:--- ?.Cases referred: The Hon'ble Sr.Justice C.V.Nagarjuna Reddy ASMP.No.2426 of 2011 in/& Appeal Suit (Sr.No.12346 of 2011 Dated 20.03.2014 The Court made the following: Common Order: ASMP.No.2426 of 2011 is filed for condonation of delay of 3406 days in filing ASSR No.12346 of 2011. In his affidavit, the applicant, who filed OS.No.46 of 1998 for declaration that he is the exclusive owner of the suit schedule property, stated that the said suit was dismissed on 19-01-2002; that initially he has obtained certified copy of the judgment for the purpose of filing appeal; that after disposal of the suit, the elders in the family and well wishers advised the applicant to compromise with the respondents as they are his brotheRs.that on their advise, the respondents have agree...


Mar 19 2014

Dakarapu Lakshmana S Vs. Maddula Narasimha Rao and Othe

Court: Andhra Pradesh

Decided on: Mar-19-2014

HONOURABLE Dr. JUSTICE B. SIVA SANKARA RAO APPEAL SUIT No.854 of 1998 19-03-2014 Dakarapu Lakshmana Swamy..Appellant Maddula Narasimha Rao and others....Respondents Counsel for the Appellant:Sri A.Ramalingeshwara Rao Counsel for respondents: Sri Y.V.Ravi Prasad HEAD NOTE: ?.Cases referred:1. AIR1957AP3862.1952(2) MLJ-448 3. AIR1961patna Page 158 4. AIR1956SC5935. AIR2012SC17276. AIR1960SC3357. AIR1936PC2648. AIR1954Bombay 95 9. AIR2006SC283210. 2010(3) Scale 569 11. AIR1956SC593para 23 page 602 12. AIR1965SC241at para 17&18 13. AIR1951SC46914. AIR1971Mad 184 15. 1996(1) SCC63916.(2004) 10 SCC63917. AIR1964SC125418. 1993 (4) SCC37519.1997 (7) SCC56720. 1996(8) SCC12821. 1995(6) SCC52322. 2013 (2) ALT268para 7 23. 2008(6) ALD200224. 1976 (2) APLJ page 16 25. AIR1956C47026. AIR1953SC48727. AIR1952Mad.419 28. AIR1957AP page 8 29. AIR2003SC198930 AIR1963SC151631. AIR-2001-SC-965 32. (2003(5)-SCC-89) 33. 1975(1)SCC21234. AIR-1976-SC-634 35. AIR-1969-SC-1144 36. 2011(8) SCALE24037. AIR198...


Mar 19 2014

Md.Rasheed Vs. the Managing Director, Apsrtc,musheeraba

Court: Andhra Pradesh

Decided on: Mar-19-2014

THE HONBLE Sr.JUSTICE DAMA SESHADRI NAIDU W.P.No.16876 of 2006 19-03-2014 Md.Rasheed....PETITIONER The Managing Director, APSRTC,Musheerabad, Hyderabad and others.....RESPONDENTS Counsel for the petitioner: Sr.S.M.Subhan Counsel for respondents : Sr.H.Venugopal : ?.Cases referred: 1. 1985(1) SLR5332. Un-reported judgment in W.P.No.21641 of 2002 decided on 03.09.2013 3. Un-reported judgment in W.P.No.25440 of 2006 decided on 08.10.2013 4. 2009(4) ALD (NOC45 5. 2013(5) ALT1766. (2000) 3 SCC4507. (1998) 3 SCC1928. (2007) 4 SCC6699. 1985 AC374: (1984) 3 WLR117410. AIR1965SC91711. AIR1974SC55512. AIR1997SC338713. (1997) 3 SCC7214. AIR2000SC116315. AIR1999SC62516. AIR2003SC157117. (2003) 3 SCC60518. AIR2003SC371219. AIR1960SC46820. (1990) 2 SCC20321. (2011) 4 SCC58422. (2013) 10 SCC106HONBLE Sr.JUSTICE DAMA SESHADRI NAIDU WRIT PETITION No.16876 of 2006 ORDER: The present writ petition is filed impugning the Award dated 27.12.2005 in I.D.No.86 of 2003 passed by the 3rd respondent-Labour Court...


Mar 19 2014

Poola Ramesh B Vs. the State of A.P., Rep.by Public Prosecu

Court: Andhra Pradesh

Decided on: Mar-19-2014

THE HONBLE Sr.JUSTICE L.NARASIMHA REDDY AND THE HONBLE Sr.JUSTICE M.S.K.JAISWAL CRIMINAL APPEAL No.1862 of 2009 19-03-2014 Poola Ramesh Babu...APPELLANT/ACCUSED tHE sTATE OF a.p., REP.BY Public Prosecutor, High Court of A.P., Hyderabad...RESPONDENT Counsel for the Petitioner:Sr.K.Somakonda Reddy Counsel Counsel for the Respondent:Public Prosecutor : ?.Citation: THE HONBLE Sr.JUSTICE L.NARASIMHA REDDY AND THE HONBLE Sr.JUSTICE M.S.K.JAISWAL CRIMINAL APPEAL No.1862 of 2009 19-03-2014 JUDGMENT : (Per the Honble Sr.Justice L. Narasimha Reddy) The accused in this case if at all, are the policy makeRs.who made the liquor available at every place, almost any time, in The appellant herein, who is from a weaker section of the society, is the sole accused in S.C.No.379 of 2008 on the fil PW.9, the Doctor, who treated her, gave intimation to the P.S.Koilakuntla. After registering a case in Crime No.130 o On behalf of the prosecution PWs.1 to 13 were examined, and Exs.P1 to P11 were filed. MO.1, K...


Mar 19 2014

Gaddati Dharma Vs. State of A.P., Rep. by Its P.P.,high Cou

Court: Andhra Pradesh

Decided on: Mar-19-2014

*THE HONBLE SRI JUSTICE L. NARASIMHA REDDY and THE HONBLE SRI JUSTICE +Crl.Appeal No.1855 of 2009 %19-03-2014 #Gaddati Dharma Raju Appellant-Accused $State of A.P., rep. by its P.P.,High Court of A.P., Hyderabad ...Respondent !Counsel for the Appellant: Smt.B.Vasantha Laxmi ^Counsel for respondent: Public Prosecutor HEAD NOTE: ?.CASES REFERRED : . HON'BLE SRI JUSTICE L.NARASIMHA REDDY AND HON'BLE SRI JUSTICE M.S.K.JAISWAL Criminal Appeal No.1855 of 2009 Dated:19. 03.2014 JUDGMENT: (Per Honble Sri Justice M.S.K.Jaiswal) The sole accused in S.C.No.81 of 2008 on the file of III-Additional District & Sessions Judge, Kakinada is the appellant herein. He was found guilty of committing the offence punishable under Sec.302 IPC and was sentenced to undergo imprisonment for life and to pay fine of Rs.50/-, in default simple imprisonment for ten days.2. Briefly stated, the case of the prosecution is that: Geddati Suryakantam (hereinafter referred as deceased) was married to the accused, more ...


Mar 18 2014

Gujrat Ambuja Cement Limited, Mumbai, Re Vs. Andhra Pradesh Industrial ...

Court: Andhra Pradesh

Decided on: Mar-18-2014

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.10570 OF200618-03-2014 Gujrat Ambuja Cement Limited, Mumbai, Rep. by its Vice-President..Petitioner Andhra Pradesh Industrial Infrastructure Corporation Ltd. Rep. by its Vice Chairman and Managing Director. and others... Respondents Counsel for the Petitioner : Sri M.P.Chandramouli Counsel for the Respondents: Sri P.Roy Reddy : : ?.Cases referred 1. (2009) 1 SCC4752. AIR1997AP2003. AIR1968SC10284. (1996) 7 SCC3395. (2009) 4 SCC3696. (2010) 9 SCC1577. AIR1963SC3958. AIR1966SC13139. (1998) 7 SCC56910.(2001) 8 SCC44311.(2003) 5 SCC413HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.10570 of 2006 ORDER: Heard Sri E.Manohar, the learned Senior Counsel for petitioner and the learned Advocate General, representing Sri P.Roy Reddy, the learned Standing Counsel for respondents.2. The facts in this case are undisputed. The petitioner is a company incorporated under the provisions of the Companies Act, 1956 in the year 1984 an...


Mar 18 2014

B.Vittalaiah Vs. State of Andhra Pradesh Rep. by Its Spec

Court: Andhra Pradesh

Decided on: Mar-18-2014

THE HON'BLE Sr.JUSTICE U.DURGA PRASAD RAO CRIMINAL APPEAL No.1830 of 2005 18-03-2014 B.Vittalaiah....Appellant/Accused State of Andhra Pradesh Rep. by its Special P.P.for ACB,High Court of A.P, Hyderabad...Respondent Counsel for Appellant: Sr.A. Hari Prasad Reddy Counsel for Respondent : Sr.R. Ramachandra Reddy, Special Standing Counsel for ACB : ?.Cases referred: 1) AIR1976SC1497HON'BLE Sr.JUSTICE U. DURGA PRASAD RAO CRIMINAL APPEAL No.1830 of 2005 JUDGMENT: This Criminal Appeal is directed against the judgment dated 24-11-2005 in C.C.No.17 of 1995 passed by the learned Additional Special Judge for SPE & ACB cases, City Civil Court, Hyderabad whereby and whereunder the Accused Officer (A.O) was convicted for the offences under Sections 7 and 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 (for short 'P.C.Act') and sentenced to undergo RI for a period of one year and to pay a fine of Rs.1,000/- in default to undergo SI for a period of three months on two counts. 2) The fac...


Mar 18 2014

The Air Force Officers Co-operative Hous Vs. Government of Andhraprade ...

Court: Andhra Pradesh

Decided on: Mar-18-2014

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.21003 OF2006AND BATCH1803-2014 The Air Force Officers Co-operative Housing Society Limited Vayupuri, Secunderabad, rep. by its Honourary Secretary, and others..Petitioners Government of Andhra Pradesh, rep. by the Secretary Municipal Administration and Urban Development (II) Department, Secretariat, Hyderabad and others.....Respondents Counsel for the Petitioner: Sri V.Hari Haran Counsel for the Respondents: Sri G.P. for MA & UDA. : : ?.Cases referred 1. 2012 (3) SCC7272. 2002 (2) ALT501(D.B.) 3. AIR1995AP2464. 1993 Supp (2) SCC4335. 1997 (3) ALD449(D.B.) 6. (2005) 5 SCC632HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION Nos.21003 and 23099 of 2006 Common Order: Heard the learned counsel for petitioners, the learned Assistant Government Pleader for Municipal Corporation for first respondent, the learned Standing Counsel for respondents 2 and 3 and the learned counsel for respondents 4 and 5 in both the cases.2. The...


Mar 18 2014

C. Sudhaker Vs. Dhl Express India Pvt. Ltd. and Another

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-18-2014

Gopala Krishna Tamada, President 1) Complainant is the appellant and he questions the order dt. 27.6.2013 made in CC 160/2012 whereby the Dist. Forum, Ranga Reddy while holding that there is deficiency of service awarded only an amount of Rs. 10,000/- towards compensation/mental agony as against the claim of Rs. 5 lakhs. 2) The brief facts are that the complainant booked shipment of sari with blouse, artificial bangles and artificial chains weighing 1.50 Kgs in the office of Op1/R1 on 9.5.2012 by paying necessary charges. Despite the same, as they were not delivered to the addressee, the complainant brought it to the notice of Opposite Parties but the Ops stated that they were taken by the customs authorities, and further requested the complainant to collect the same from Customs Department. As it is amounting to deficiency of service and the complainant was made to suffer a lot, he approached the Dist. Forum and raised the said dispute by filing the said complaint. 3) The same was res...


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