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Andhra Pradesh Court October 2015 Judgments

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Oct 07 2015

Athuluri Ramana Vs. Andhra Bank, Vidyadharapuram, rep. by its Branch M ...

Court: Andhra Pradesh

Decided on: Oct-07-2015

1. This Second Appeal under Section 100 of the Code of Civil Procedure, 1908 ( ˜the Code', for brevity) by the unsuccessful plaintiff/appellant is directed against the decree and judgment dated 04.04.2005 of the learned V Additional Senior Civil Judge, (Judge, Fast Track Court) at Vijayawada of Krishna District passed in A.S.No.70 of 2002. The learned Additional Senior Civil Judge while dismissing the said first appeal had confirmed the decree and judgment dated 13.03.2002 passed in O.S.No.928 of 2000 of the learned III Additional Junior Civil Judge, Vijayawada filed for recovery of a sum of Rs.1,00,000/- against the 1st defendant-Andhra Bank and 2nd defendant-United India Insurance Company Limited. 2. I have heard the submissions of the learned counsel for the appellant/plaintiff ( ˜the plaintiff', for short) and the learned Standing Counsel for the respondents 1 and 2/defendants 1 and 2 ( ˜the defendants 1 and 2', for short). 3. At the time of admission of this seco...


Oct 07 2015

Gugloth Rena Vs. The State of Andhra Pradesh, Rep. by its Public Prose ...

Court: Andhra Pradesh

Decided on: Oct-07-2015

Nooty Ramamohana Rao, J. The sole accused, who has been convicted for the offences punishable under Sections 302 and 201 of the Indian Penal Code and sentenced to undergo imprisonment for life and imprisonment for two years (both sentences were directed to be run concurrently) and also to pay a fine of Rs.500/- and Rs.100/- respectively in S.C. No. 190 of 2009 on the file of the Sessions Judge at Nizamabad, is the appellant herein. Smt. Ammi (hereinafter be referred to as the deceased') was the mother of P.W.5, the husband of the accused. P.W.5 was stated to be working in Dubai and was remitting the money saved by him there for the purpose of meeting the domestic expenses, but however, it appears, the accused was spending the said money very liberally and in particular, for certain vices. During one of those sojourns of P.W.5 to India, the accused could not give a satisfactory explanation for the monies spent away by her. As a consequence of this conduct of the accused, P.W.5 lost conf...


Oct 07 2015

Nalla Raji Reddy Vs. Venkatanantha Chary

Court: Andhra Pradesh

Decided on: Oct-07-2015

This revision is preferred by the plaintiff, whose plaint bearing O.S.S.R No.639 of 2009 has been rejected by the Court of the Senior Civil Judge, Vikarabad, Ranga Reddy District, under Order VII Rule 11(d) of C.P.C. O.S.S.R No.639 of 2009 has been preferred for directing the sole defendant to execute sale deed and to register the same in favour of the plaintiff or his nominees in respect of the land comprising of Ac.33-41 cts situate in various survey numbers of Aloor Village, Chevella Mandal, Ranga Reddy district. The plaintiff also sought for a perpetual injunction for restraining the defendants and his men from causing interference with the peaceful possession and enjoyment over the suit schedule land. It appears, the suit was presented on or around 12.03.2009 and it was rejected by a detailed order passed on 18.02.2015. It is the case of the plaintiff/petitioner that he entered into an agreement of sale with the defendant on 25.01.1992 for purchasing the suit schedule property and...


Oct 07 2015

State Bank of India, Hyderabad Main Branch, Rep. by its Assistant Gene ...

Court: Andhra Pradesh

Decided on: Oct-07-2015

R. Subhash Reddy, J. 1. This writ petition is filed by State Bank of India, Main Branch, Hyderabad, seeking Writ of Certiorary, to quash the order, dated 18.02.2015 (wrongly mentioned as 11.03.2015 in the prayer portion) and the order, dated 11.03.2015 (wrongly mentioned as 15.03.2015 in the prayer portion), passed by the 1st respondent-Debts Recovery Appellate Tribunal, Kolkata, in Appeal No.177 of 2013, by declaring the same as illegal, and consequently allow Application No.311 of 2013 (Old I.A.No.935 of 2012). 2. Respondent No.3 is a Company and respondents 4 to 6 are its Directors and guarantors. They have committed default in repaying the debt due to the petitioner-Bank for the loan facilities granted under Metal Gold Scheme ?. The petitioner-Bank has filed O.A.No.556 of 2011 before the 2nd respondent-Tribunal on 14.11.2011 for recovery of a sum of Rs.18,06,07,335-44 p.s. together with future interest. The petitioner-Bank has also filed another O.A. in O.A.No.490 of 2011 for recov...


Oct 07 2015

G. Neeraja Vs. The State of Telangana Rep by its Chief Secretary, Gene ...

Court: Andhra Pradesh

Decided on: Oct-07-2015

Nooty Ramamohana Rao, J. This writ petition is preferred by the wife of the detenu challenging the correctness and legality of the detention order passed by the Commissioner of City Police on 13.02.2015, which order of detention is confirmed by the State Government through their orders in G.O.Rt.No.1138, General Administration (Law and Order) Department, dated 20.04.2015. The Commissioner of Police in the grounds of detention passed by him has adverted to as many as 9 instances of gold chain snatchings, allegedly indulged in by the detenu. The first of those 9 instances relates to crime No.628/2013 on the file of Ghatkesar Police Station which was registered based upon an incident which took place on 16.12.2013 at about 15.00 hours. The complainant in that case was sitting in her petty kirana shop, when the detenu and his associates came on a bike and informed the complainant that they are taking photographs of all the shops and they will conduct a draw of lots for presenting 2 gold co...


Oct 06 2015

K. Ashok Kumar Reddy Vs. The District Collector, Medak and Others

Court: Andhra Pradesh

Decided on: Oct-06-2015

Nooty Ramamohana Rao, J. This Writ Petition is directed against the judgment rendered by the Andhra Pradesh Administrative Tribunal dismissing O.A. No. 3565 of 2004 instituted by the petitioner herein. The claim of the petitioner for appointment on compassionate grounds due to the death of his father, who was working as a Grade-III Telugu Pandit, who died on 17.04.2000, was denied any such consideration, as, by the time the application was moved by the petitioner, he was 39-year-old and he is a member belonging to the open category and hence, beyond the maximum permissible upper age limit for direct recruitment. Sri Gopala Rao Gandrakota, learned counsel for the petitioner would strenuously submit that the consideration based upon the request of the petitioner, for appointment on compassionate grounds, has been completely misdirected not only by the Collector but also by the departmental officials, inasmuch as the State Government, as a social welfare measure, has introduced a scheme f...


Oct 06 2015

The United India Insurance Company Limited Vs. P. Sunitha and Others

Court: Andhra Pradesh

Decided on: Oct-06-2015

Common Judgment: 1. Aggrieved by the Awards dated 04.03.2008 in OP Nos.61, 83, 63, 59 and 60 of 2005 passed by the Chairman, MACT “cum-VI Addl. District Judge, Ranga Reddy District at Vikarabad (for short the Tribunal') awarding compensation of Rs.3,00,000/- each with costs and interest at 7.5% to the legal representatives of the five deceased, who died in a lorry accident on 17.11.2004, the second respondent, who is the insurer of the crime vehicle, filed the instant MACMAs. 2. Heard Sri N. Mohan Krishna, learned counsel for appellants and Sri K. Lakshman, learned counsel for respondents/claimants. Though Notice was served on the driver-cum-owner, there is no appearance on his behalf and hence treated as heard. 3. Learned counsel for appellant made it that he was only against imposing liability on the insurance company by the Tribunal but not against the quantum of compensation fixed by it. Learned counsel repudiated the liability of insurance company mainly on two arguments; fi...


Oct 06 2015

Vijayawada Municipal Corporation Vs. Y. Ravi Sankar and Others

Court: Andhra Pradesh

Decided on: Oct-06-2015

Nooty Ramamohana Rao, J. Vijayawada Municipal Corporation is the petitioner in this Writ Petition, which was directed against the order passed by the Andhra Pradesh Administrative Tribunal in O.A. No. 1566 of 2015. The 1st respondent herein, who has retired from service as a Deputy Executive Engineer, instituted the said O.A. Sri P.V. Krishnaiah, learned counsel accepted notice on his behalf and hence, with the consent of both the parties, we are disposing of this Writ Petition at the admission stage itself. Ms. Jhansi, learned Standing Counsel for Vijayawada Municipal Corporation would submit that the Andhra Pradesh Administrative Tribunal has allowed the O.A. at the admission stage itself instead of providing a fair chance and a reasonable opportunity to the petitioner Corporation to contest the case. We are a little surprised that the Andhra Pradesh Administrative Tribunal has passed an order allowing the O.A. at the admission stage itself. It is, no doubt, true that the said order ...


Oct 06 2015

P. Surendra Vs. The State of Andhra Pradesh, rep., by its Chief Secret ...

Court: Andhra Pradesh

Decided on: Oct-06-2015

Ramesh Ranganathan, J. A Writ of Habeas Corpus, is sought for the detenu Sri Nimma Mahesh @ Potti Mahesh S/o. Nimma Narayana now detained in Central Prison, Rajahmundry, East Godavari District, to be produced before this Court, and for his being released forthwith after declaring his detention as illegal and unconstitutional. The facts, to the limited extent necessary, are that Sri N. Mahesh was detained in preventive custody by the District Collector and District Magistrate, Chittoor, by proceedings dated 09.02.2015, on the ground that he was a goonda within the meaning of Section 2(g) of the A.P. Prevention of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (Act No.1 of 1986); his activities were dangerous to forest wealth, and prejudicial to the maintenance of public order; and it was necessary to prevent him from further indulging in such type of activities. The order of detention was approved by the Government vide G.O.Rt.No.488...


Oct 05 2015

Nallavelli Ashok The State of Telangana, rep. by its Principal Secreta ...

Court: Andhra Pradesh

Decided on: Oct-05-2015

1. Facts as averred in the affidavit filed in support of writ petition disclose that petitioner is a Secretary of Telangana Parishad Congress Committee. He was appointed as party whip to the elections of Mandal Praja Parishad, Bhiknoor in Nizamabad District. In the elections to Mandal Parishad Territorial Constituencies (MPTC) held in 2014, second respondent in the writ petition was elected as MPTC of Rajampet-1 Constituency of Bhiknoor Mandal as a candidate of Indian National Congress Party. The competent authority convened special meeting of MPTC members on 13.07.2014 to elect President of Mandal Praja Parishad of Bhiknoor Mandal. Petitioner claimed to have issued a whip to all the elected MPTC members belonging to Indian National Congress Party to vote in favour of Smt. Bala Narsavva Pulluri. It appears that in the election held on 13.07.2014, second respondent did not vote in favour of Indian National Congress Party candidate. Accordingly, petitioner lodged a complaint to disqualif...


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