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Andhra Pradesh Court October 2015 Judgments

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Oct 27 2015

The Indur District Co-operative Marketing Society Ltd. Vs. M/s. Microp ...

Court: Andhra Pradesh

Decided on: Oct-27-2015

Common Order: The Indur District Cooperative Marketing Society Limited, Nizamabad, is the petitioner in W.P.Nos.35872 and 35879 of 2012 while the Karimnagar District Cooperative Marketing Society Limited, Karimnagar, is the petitioner in W.P.Nos.39497 and 39504 of 2012. M/s. Microplex (India) Limited, Hyderabad, is the first respondent in W.P.Nos.35872, 35879 and 39497 of 2012, and M/s. Nagarjuna Agroo Chemicals Private Limited, Hyderabad, is the first respondent in W.P.No.39504 of 2012. The second respondent in all the writ petitions is the Andhra Pradesh Micro and Small Enterprises Facilitation Council, Hyderabad, (for brevity, the Council'). W.P.Nos.35872 and 35879 of 2012 were filed challenging the individual orders dated 25.08.2012 passed by the Council in Case Nos.13/IFC/2011/126 and 13/IFC/2011/125 respectively and seeking writs of certiorari to quash the same as illegal and without jurisdiction. W.P.Nos.38497 and 39504 of 2012 were filed seeking writs of prohibition directing t...


Oct 26 2015

Hameeda Begum Vs. State of Telangana Rep. by its Secretary Home Depart ...

Court: Andhra Pradesh

Decided on: Oct-26-2015

Nooty Ramamohana Rao, J. This writ petition is instituted by the wife of the detenu challenging the validity of the orders passed by the Commissioner of Police on 28.05.2015 preventively detaining her husband by name Sri Hamza Bin Omer @ Zaffer Pehalwan S/o Omer Bin Mohd. The Commissioner of Police, Hyderabad City, in exercise of power available to him under Sub Section 2 of Section 3 of the Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders and Land-Grabbers Act, 1986 (henceforth for brevity referred to as Act'), passed the order on 28.05.2015 for preventively detaining Sri Hamza Bin Omer @ Zaffer Pehalwan S/o Omer Bin Mohd., aged about 62 years R/o Rahmath Nagar, Yakuthpura, Hyderabad. In the grounds of detention passed on the same day, the Commissioner of Police has referred to 6 different instances of involvement of the accused in one crime or the other, for purpose of recording his subjective satisfaction t...


Oct 26 2015

M/s. New India Assurance Company Limited rep. by its Divisional Manage ...

Court: Andhra Pradesh

Decided on: Oct-26-2015

1. Aggrieved by the Award dated 24.03.2008 in MVOP No.293 of 2006 passed by the Chairman, M.A.C.T-cum- I Additional Chief Judge, City Civil Court, Secunderabad (for short the Tribunal ?), the 2nd respondent/New India Assurance Company preferred the instant appeal. 2. The factual matrix of the case is thus: a) On 20.02.2006 at about 4.00 pm when the deceased ”Mohd. Muneeruddin was proceeding in a jeep bearing No. ADY 1064 as a passenger along with others from Adikicherla to Hyderabad on Chevella-Hyderabad road and when the vehicle reached near Appareddyguda gate at Moinabad Mandal, the jeep driver drove the same in a rash and negligent manner and thereby the jeep turned turtle causing instantaneous death of deceased. It is averred that jeep driver was responsible for accident and due to the sudden demise of deceased, the claimants became destitutes. On these pleas the claimants who are wife and children of the deceased, filed M.V.O.P.No.293 of 2006 under Section 166 of Motor Vehic...


Oct 14 2015

Bukke Hima Bindu Vs. State of A.P. rep. by Chief Secretary, GAD (LandO ...

Court: Andhra Pradesh

Decided on: Oct-14-2015

PC: The petitioner claims to be the wife of Bukke Nagendra Naik. The petitioner prays for writ of Habeas Corpus for release of Bukke Nagendra Naik (hereinafter referred as the detenue') by declaring detention order Rc.No.C2/1425/2015 dated 28.03.2015, as illegal and void ab initio. The facts and the contentions relevant fort the disposal of writ petition are as follows: The 2nd respondent through order in Rc.No.C2/1425/2015 dated 28.03.2015 directed detention of the detenue under Section 3(2) of the Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (for short, the Act'). The grounds of detention referred to a series of crimes registered against the detenue in different police stations under the A.P. Forest Act, A.P. Sandalwood and Red Sandalwood Transit Rules, 1969, Wild Life (Protection) Act, 1972, Biological Diversity Act, 2002 and under the provisions of the Indian Penal Code. The...


Oct 14 2015

Durga Prasad Panigrahi Vs. The Registrar, University of Hyderabad and ...

Court: Andhra Pradesh

Decided on: Oct-14-2015

1. It is the case of the petitioner that he was appointed as Junior Office Assistant through Direct Recruitment based on the selection held in the year 1986 through proceedings No.R/Dev/Rctt/86/NT, dated 24.05.1986 and that he was kept on probation for two years with effect from 07.06.1986 and his services were confirmed through proceedings No.UH/Estt/II/89/1215, dated 16.03.1989. As he was fully eligible and qualified for the post of Office Assistant, applied in response to the notification UH/R/Rctt/89/NT/10, dated 11.09.1989. He was asked to appear before the Departmental Promotion Committee (for short DPC') on 15.09.1989 and based on performance in the interview, he was promoted as Office Assistant with effect from 15.09.1989 through proceedings UH/R/Rctt/NT/89/488, dated 17.10.1989 and his services as Office Assistant were confirmed through proceedings No.UH/Estt/II/91/5133, dated 21.12.1991. The post of Office Assistant is the feeder cadre for the post of Senior Assistant and the...


Oct 14 2015

Mohd. Saber Vs. Rafiunnisa Begum (died) per LRs and Others

Court: Andhra Pradesh

Decided on: Oct-14-2015

1. This appeal, under Section 100 of the Code of Civil Procedure, 1908 ( ˜CPCfor brevity), by the unsuccessful defendant is directed against the decree and judgment dated 03.09.2010 of the learned XIII Additional Chief Judge (Judge, Fast Track Court), City Civil Court, Hyderabad passed in A.S.No.534 of 2006. The learned Additional Chief Judge while dismissing the said appeal of the defendant had confirmed the decree and judgment dated 04.09.2006 of the learned Principal Rent Controller-cum-XII Junior Civil Judge, Hyderabad passed in O.S.No.956 of 2001 filed by the sole plaintiff (since died) for recovery of possession of the premises bearing No.10-3-7/1, Mehdipatnam, Hyderabad, morefully described in the schedule annexed to the plaint, for mesne profits @ Rs.6,000/- p.m. from 01.03.2001 till the date of delivery of possession and costs and had further directed the defendant to vacate and handover the vacant possession of the said property to the plaintiff. 2. I have heard the sub...


Oct 14 2015

The United India Insurance Co. Ltd Vs. Mohd. Khaleel Khan and Others

Court: Andhra Pradesh

Decided on: Oct-14-2015

1. This civil miscellaneous appeal is preferred under Section 30 of the Workmen's Compensation Act, 1923, assailing the order dated 12.5.2005 in W.C. No.133 of 2004 passed by the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour “I, Hyderabad. 2. For the sake of convenience, the parties to this appeal will hereinafter be referred to as they are arrayed before the lower authority. 3. The factual matrix leading to filing of the present appeal is succinctly as follows: The claimants filed the application under the provisions of Workmen's Compensation Act claiming a compensation of Rs.3,50,000/- for the death of K.Yadagiri (hereinafter referred to as, the deceased) in a motor vehicle accident that occurred on 04.7.2004 out of and in the course of his employment. Opposite party No.1 engaged the deceased as a driver on the auto bearing No.AP 23V 4351 on a monthly wages of Rs.3,500/-. The auto, which belongs to opposite party No.1, was insured with opposite pa...


Oct 14 2015

The Manager, Singareni Collieries Co. Ltd and Another Vs. Arkati Gattu ...

Court: Andhra Pradesh

Decided on: Oct-14-2015

1. This civil miscellaneous appeal is preferred under Section 30 of the Workmen's Compensation Act, 1923 (the Act), assailing the order dated 31.3.2005 in W.C.No.4 of 2002 passed by the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Adilabad. 2. For the sake of convenience, the parties to this appeal will be referred to as they are arrayed before the lower authority. 3. The facts leading to filing of the present appeal are briefly as follows: The applicant No.1 is the wife and applicant Nos.2 to 4 are the children of one Arkati Rajaiah @ Rajamallu. Arkati Rajaiah (hereinafter referred to as the deceased') died while working as Lineman in SRP-3 Incline Sreerampur of Singareni Collieries Company Limited (SCCL). On 24.5.2001 the deceased attended first shift in the mine and at about 2.45 PM due to suffocation he suffered cardio respiratory arrest and died in course of his employment. The Station House Officer, Sreerampur Police Station registered a case in C...


Oct 14 2015

Ande Koteswara Rao Vs. The Director of Civil Supplies, Hyderabad and O ...

Court: Andhra Pradesh

Decided on: Oct-14-2015

The petitioner is the fair price shop dealer of Makthapuram Village (consisting of Makthapuram and Girijanawada), Sangam Mandal, Nellore District. The total number of cards allotted to the petitioner is 471, out of which 436 were white cards and 35 were pink cards. The petitioner specifically pleaded that out the said 436 white cards, 20 cards pertain to the residents of Girijanawada, which according to him is situated at a distance of two furlongs from Makthapuram Village. As a new shop was created by bifurcating the existing shop, the petitioner filed W.P.No.11121 of 2007. This Court, by interim order, dated 30.05.2007, in W.P.M.P.No.13890 of 2007, suspended the bifurcation order, dated 16.03.2007, passed by respondent No.2. However, the said writ petition along with a batch of other writ petitions was disposed of by this Court, by common order, dated 04.10.2007, on the short ground that under G.O.Ms.No.25, dated 18.03.1998, the petitioner has a remedy of appeal. Accordingly, the pet...


Oct 14 2015

Tangirala Ramana Reddy Vs. M. Srinivasa Rao, Revenue Divisional Office ...

Court: Andhra Pradesh

Decided on: Oct-14-2015

This Contempt Case is filed alleging willful disobedience of order dated 15-12-2014 in W.P.No.37203 of 2014. The facts leading to the filing of this Contempt Case, briefly narrated, are as under: The petitioner is the permanent fair price shop dealer of Shop No.35 of Perurupadu village, Bollapalli Mandal, Guntur District. His authorization was suspended by respondent No.1 vide proceedings in Rc.No.5014/2014-B, dated 1-10-2014, on the following allegations : (i) That the F.P.Shop Dealer has not maintained the F.P. Shop records properly which lead to found shortage of Q. 8.22 kg of rice and 61 Kgs of sugar and an excess of 4 litres of kerosene oil with reference to book balance thus he contravened Clause 22(viii) of the A.P. State Public Distribution System (Control) Order, 2008. (ii) That the F.P. Shop dealer has not distributed PDS stocks properly in the month of September, 2014 to the cardholders and diverted the same into black market by making fake entries in the sales/stock registe...


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