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Andhra Pradesh Court June 2014 Judgments

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Jun 16 2014

Dr. M.S.N.R Vs. State of A.P., Rep. by Public Prosecutor

Court: Andhra Pradesh

Decided on: Jun-16-2014

HONBLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.2903 of 2014 16-6-2014 Dr. M.S.N.Reddy Petitioner/Accused State of A.P., Rep. by Public Prosecutor, High Court of A.P., Hyderabad; and another Respondents Counsel for the Petitioner: Sri T.Niranjan Reddy, Senior Counsel Counsel for Respondent No.1: Public Prosecutor, High Court of A.P., Hyderabad. Counsel for Respondent No.2: None : ?. Cases referred:1. (2013) 5 SCC6152. (2001) 2 SCC633HONBLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.2903 of 2014 Date:16. 6-2014 Order: The sole petitioner seeks for quashment of C.C.No.254 of 2014 on the file of the II Additional Junior Civil Judge cum XIX Metropolitan Magistrate, Cyberabad, Kukatpally. The petitioner alleged that the 2nd respondent, who is the de facto complainant, laid the complaint, which was taken on file as C.C.No.254 of 2014 without recording the sworn statement of the 2nd respondent. Sri T.Niranjan Reddy, learned Senior Counsel for the petitioner, submitted that the learned M...


Jun 16 2014

Dasari Satyanarayana Vs. the State of Andhra Pradesh,rep.by Publi

Court: Andhra Pradesh

Decided on: Jun-16-2014

THE HONBLE Dr.JUSTICE B.SIVA SANKARA RAO Crl.P.No.6158 of 2014 16.06.2014 Dasari Satyanarayana ...Petitioner/A.3 The State of Andhra Pradesh,Rep.by Public Prosecutor,High Court, Hyderabad....RESPONDENT COUNSEL FOR THE petitioner: - T.V.Sridevi COUNSEL FOR RESPONDENT: - The Public Prosecutor : ?.CITATIONS: THE HONOURABLE Dr.JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.6158 of 2014 ORDER: This Criminal Petition is filed under Sections 437 and 439 Cr.P.C by the petitioner/accused No.3 in Crime No.107 of 2009, on the file of the Station House Officer, Kovvur Rural Police Station, West Godavari District registered against him for the offences punishable under Section 489(B) and 489(C) IPC. 2. Heard the Learned Counsel for the Petitioner, the Learned Additional Public Prosecutor for the Respondent-State and perused the material placed on record. 3. This accused is No.3 among 2 other accused in the above crime registered against them for the offences punishable under Section 489(B) and 489...


Jun 16 2014

The Oriental Insurance Com Ltd Vs. G.Nagaraju and Anoth

Court: Andhra Pradesh

Decided on: Jun-16-2014

THE HONBLE SRI JUSTICE M.S.RAMACHANDRA RAO M.A.C.M.A.No.1834 of 2012 16-06-2014 The Oriental Insurance Com Ltd...APPELLANT G.Nagaraju and another ...RESPONDENTS #G.Nagaraju..APPELLANT $Ch.Laxman Rao and another ..RESPONDENTS !Counsel for the Appellant in M.A.C.M.A.No.2833 of 2013 and for respondents in M.A.C.M.A.No.1834 of 2012: Sri N.Ashok Kumar ^Counsel for the Respondent No.2 in M.A.C.M.A.No.2833 of 2013 and for the appellant in M.A.C.M.A.No.1834 of 2012: Sri E.Venugopal Reddy. HEAD NOTE: ?. Cases referred AIR1958S.C.881 2 AIR1997S.C. 432 3 (1996) 4 S.C.C. 255 4 (1997) 7 S.C.C. 638 5 AIR2009S.C. 2599 6 2013 (139) FLR911= (2013) III LLJ163P&H7LAWS (KAR)-2012-1-33 = 2012 KLT1068 2012 ACJ2339 2012 (6) SCC42110 2014 (2) SCC73511 (2013) 9 SCC54THE HONBLE SRI JUSTICE M.S. RAMACHANDRA RAO M.A.C.M.A.Nos.1834 of 2012 and 2833 of 2013 COMMON JUDGMENT Both these appeals have been filed under Section 173 of the Motor Vehicles Act, 1988 challenging the judgment and decree dt.31-12-2011 in M...


Jun 13 2014

The Branch Manager, United India Insuran Vs. Arekatike @ Sara Nagaraju ...

Court: Andhra Pradesh

Decided on: Jun-13-2014

HONBLE Sr.JUSTICE B. CHANDRA KUMAR M.A.C.M.A.No.1393 of 2005 13-06-2014 The Branch Manager, United India Insurance Company Limited, Sangareddy Branch, Medak District and another.Appellants Arekatike @ Sara Nagaraju and two otheRs.Respondents Counsel for the Appellants:Sr.V. Srinivasa Rao Counsel for the Respondents: --- : : ?.Cases referred: HONBLE Sr.JUSTICE B. CHANDRA KUMAR M.A.C.M.A.No.1393 of 2005 JUDGMENT: The insurance company filed this appeal challenging the award dated 29.03.2005 passed in O.P.No.286 of 2002 by the Motor Accident Claims Tribunal-cum-II Additional District and Sessions Judge (FTC) Medak at Sangareddy (for short the Tribunal).The claimant filed the claim petition claiming a compensation of Rs.1,00,000/- for the injuries sustained by him in motor accident. The parties hereinafter referred to as arrayed before the Tribunal for the sake of convenience. The brief facts of the case are as follows: On 23.02.2000, the claimant along with his family members was travelin...


Jun 13 2014

The National Insurance Company Ltd., Rep Vs. Gundu Jangamma and Othe

Court: Andhra Pradesh

Decided on: Jun-13-2014

HONBLE Sr.JUSTICE B. CHANDRA KUMAR M.A.C.M.A.No.1060 of 2005 13-06-2014 The National Insurance Company Ltd., Rep. by its Branch Manager, L.B.Nagar Branch Office, Dilsukhnagar, Hyderabad..Appellant Gundu Jangamma and others....Respondents Counsel for the Appellant: Sr.A. Veeraswamy Counsel for the Respondent No.1: Sr.Kiran Palakurthi : : ?. Cases referred: 1.2004(1) ALD98(SC) HONBLE Sr.JUSTICE B. CHANDRA KUMAR M.A.C.M.A.No.1060 of 2005 JUDGMENT: This appeal is directed against the award dated 09.08.2004 passed in O.P.No.1311 of 2002 by the Principal Motor Accident Claims Tribunal, Nalgonda (for short the Tribunal).The parties hereinafter referred to as arrayed before the Tribunal for the sake of convenience. The brief facts of the case are as follows: The 1st claimant is the wife and claimant Nos.2 to 4, are the minor children of the deceased. Their brief case is that on 14.10.2002 the offending lorry bearing No.AP-24-U-434 being driven by its driver in rash and negligent manner at high...


Jun 13 2014

Avaula Surendra B Vs. Movva Bhikshavathi and Ano

Court: Andhra Pradesh

Decided on: Jun-13-2014

THE HONBLE Sr.JUSTICE L. NARASIMHA REDDY C.R.P.No.1838 of 2012 13-06-2014 Avaula Surendra Babu ..petitioner Movva Bhikshavathi and another..Respondents Counsel for the petitioner: Sr.T. Sharath Counsel for the Respondents : -- HEAD NOTE: THE HONBLE MR JUSTICE L. NARASIMHA REDDY C.R.P.No.1838 of 2012 ORDER: The petitioner filed O.S.No.197 of 2009 in the Court of XI Additional District Judge (Fast Track Court).Guntur at Tenali, against the respondents for recovery of amount on the strength of an agreement dated 10-04-2007. The respondents entered appearance and filed a written-statement. Later on, they filed I.A.No.152 of 2011, under Section 151 of C.P.C., with a prayer to collect stamp duty and penalty on the document. According to them, though the document is styled as agreement, it is a bond, as defined under Section 2(5) of the Indian Stamp Act (for short the Act).and the document cannot be received in evidence, unless stamp duty and penalty is collected. The application was opposed ...


Jun 13 2014

The National Insurance Company Ltd., Rep Vs. Polagani Bharathamma and ...

Court: Andhra Pradesh

Decided on: Jun-13-2014

HONBLE Sr.JUSTICE B. CHANDRA KUMAR M.A.C.M.A.No.1061 of 2005 13-06-2014 The National Insurance Company Ltd., Rep. by its Branch Manager, L.B.Nagar Branch Office, Dilsukhnagar, Hyderabad..Appellant Polagani Bharathamma and otheRs.Respondents Counsel for the Appellant: Sr.A. Veeraswamy Counsel for the Respondent No.1: Sr.Kiran Palakurthi : : ?. Cases referred: 1.2013 (9) SCC54HONBLE Sr.JUSTICE B. CHANDRA KUMAR M.A.C.M.A.No.1061 of 2005 JUDGMENT: This appeal arises out of the award passed by the Tribunal dated 09.08.2004 in O.P.No.1310 of 2002 by the Principal Motor Accident Claims Tribunal, Nalgonda (for short the Tribunal).The parties hereinafter referred to as arrayed before the Tribunal for the sake of convenience. The brief facts of the case are as follows: On 14.10.2002 the offending lorry bearing No.AP-24-U-434 being driven by its driver in rash and negligent manner at high speed dashed against the car bearing No.AP-10-N-7222 as a result of which the lorry turned turtle and the per...


Jun 13 2014

Pathan Sabirabi W/O. Kalesh Vs. Shaik Rasool S/O.Late Baji Sa

Court: Andhra Pradesh

Decided on: Jun-13-2014

HONOURABLE SRI JUSTICE L. NARASIMHA REDDY SECOND APPEAL No.839 of 2012 13-06-2014 Pathan Sabirabi W/o. Kalesha.... Petitioner Shaik Rasool S/o.Late Baji Saheb Respondent Counsel for the Appellant: Ms.Kumari G.K.V.D. Counsel for the Respondent:Sri N. Sriram Murthy : ?.Cases referred : [2011]. SCCR739HONOURABLE SRI JUSTICE L. NARASIMHA REDDY SECOND APPEAL No.839 of 2012 JUDGMENT: The plaintiff in O.S.No.285 of 2007 on the file of the Principal Senior Civil Judge, Tenali, is the appellant. She filed the suit against her brother, the defendant, for the relief of declaration of title in respect of the suit schedule property, a house constructed covering an area of 47.3 square yards in Tenali Town, described in the suit schedule, and for recovery of possession thereof. It was pleaded that the father of the appellant and the respondent had purchased an extent of 108.6 square yards through a document, dated 05.10.1968, and thereafter gifted an extent of 61.3 square yards to the respondent in t...


Jun 12 2014

Bhukya Shankar Vs. the Oriental Insurance Co. Ltd. Rep. by Its Regiona ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jun-12-2014

Oral Order: (R. Lakshminarsimha Rao, Member) 1. The unsuccessful complainant is the appellant. He filed complaint seeking for indemnification of the cost of his Motor Cycle bearing registration number AP 09 AZ 1470 which was insured with the appellant under insurance policy bearing number 431100/31/2011/10490 valid for the period from 11.10.2010 to 10.10.2011 for a sum of Rs.30,000/-. The respondent has submitted that the vehicle was taken by Sali Nageswara Rao from his parents house on 27.02.2011. He has submitted that Nageswara rao requested his parents to give the Motor cycle to him to go to Yellandu to meet his wife and believing his words the appellants parents gave the motor cycle to Nageswara rao who had not returned the vehicle and the appellant lodged complaint with JMFC, Yellandu who forwarded the same to the police, Karepalli. The appellant lodged claim with the respondent insurance company on 18.03.2011 and the respondent repudiated the claim consequent to which the complai...


Jun 12 2014

M/S. Priyadarshini Spinning Mills Ltd.,h Vs. Commissioner of Income-ta ...

Court: Andhra Pradesh

Decided on: Jun-12-2014

HON'BLE SRI JUSTICE L. NARASIMHA REDDY AND HON'BLE SRI JUSTICE T. SUNIL CHOWDARY REFERENCE CASE No.82 of 1999 12-06-2014 M/s. Priyadarshini Spinning Mills Ltd.,Hyderabad Applicant Commissioner of Income-tax AP-I, Hyderabad.... Respondent !Counsel for the Applicant: Sri S. Ravi Counsel for the Respondent :Sri S.R. Ashok : ?.Cases referred :1969. AIR267HONOURABLE SRI JUSTICE L. NARASIMHA REDDY AND HONOURABLE SRI JUSTICE T. SUNIL CHOWDARY REFERENCE CASE No.82 of 1999 JUDGMENT: (Per Honble Sri Justice L. Narasimha Reddy) The Finance Act, 1998 brought about substantial changes in the Income Tax Act, particularly, in the regime of depreciations. Till then, depreciations used to be allowed on individual assets, held by an assesee, whether an individual or an industry or a business undertaking. Through the amendment, the concept of block assets was introduced. The expression block assets is defined under Section 11 of Section 2 of the Income Tax Act, 1961, (for short the Act) as, pool of tangi...



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