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Andhra Pradesh Court December 2015 Judgments

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Dec 03 2015

Priyadarshini College of Engineering and Technology, Rep. by its Corre ...

Court: Andhra Pradesh

Decided on: Dec-03-2015

1. Heard Sri V.Sudhakar Reddy, learned counsel appearing for the vacate petitioners/respondents 1 and 2, Sri G.Jagadeeswar, learned counsel appearing for the 1st respondent/writ petitioner, Sri T.K. Raghavan, learned Standing Counsel for Jawaharlal Nehru Techynological University (JNTU)/respondent No.2 and the learned Government Pleader for Technical Education for the State of Andhra Pradesh appearing for the 3rd respondent. 2. It is submitted by the petitioner in the writ petition that, (a) he was appointed in the respondents 1 and 2-College in the post of Lecturer in Physical Education Department through Priyadarshini Educational Society, Nellore, on ad hoc basis. Subsequently, his services were regularized as Lecturer after 3 years of his appointment and he was being paid regular pay scales. (b) It is further submitted by the writ petitioner that he was discharging his duties without any adverse remarks and he organized several sports competitions in his tenure which have been detai...


Dec 02 2015

State-represented by Special Standing Counsel for SPEandACB Cases for ...

Court: Andhra Pradesh

Decided on: Dec-02-2015

1. This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure (for short, the Cr.P.C.') by the petitioner/A4 (Jerusalem Mathai, S/o Janaiah) out of five accused in Crime No.11/ACB-CR/2015 of Anti Corruption Bureau Police Station, City Range-I, Hyderabad, registered on the report of one Elvis Stephenson, seeking to quash the proceedings in the above crime. 2. A memo is filed in this Criminal Petition by the learned Special Public Prosecutor-cum-Standing Counsel for A.C.B., Telangana, for the petitioner stating that the Criminal Petition is filed seeking to quash the proceedings in Crime No.11/ACB-CR/2015, dated 31.05.2015 on the file of Principal Special Judge for SPE and ACB Cases at Hyderabad and while pending the same, the ACB investigated the matter and filed charge sheet before said Court on 28.07.2015 and in view of the same, this Criminal Petition has become infructuous. 3. This Court, when the matter came up for hearing along with Crl.M.P.No.5527 of 2015...


Dec 02 2015

Lakshmi Kanth Shinde @ L.K. Shinde Vs. The State of Telangana represen ...

Court: Andhra Pradesh

Decided on: Dec-02-2015

1. In the present writ petition, challenge is to the Memorandum No.1697/SC-A/A2/2008-4 dated 22.08.2011 issued by the first respondent State Government. By virtue of the said memorandum, the State Government permitted the Anti-Corruption Bureau to file charge-sheet against the petitioner in the Court of law and the petitioner is also praying for quashment of the proceedings in CC No.16 of 2011, on the file of the Court of the First Additional Special Judge for SPE and ACB cases.2. According to the petitioner, he joined in the State Police Department as a Sub-Inspector on 20.09.1978 and got promotion as Inspector of Police on 08.02.1989 and as a Deputy Superintendent of Police on 09.12.2005. The Deputy Superintendent of Police, Anti-Corruption Bureau, C.I.U, Hyderabad registered Cr.No.33/ACB/CIU-HYD/2008 against the petitioner and another under Sections 7, 13 (2) read with 13 (1) (d) of the Prevention of Corruption Act, 1988 read with Section 34 I.P.C. On the representation made by the ...


Dec 02 2015

Maimoona Begum Vs. G. Sarat Babu and Another

Court: Andhra Pradesh

Decided on: Dec-02-2015

1. The appellant is the claim petitioner in E.A. No.97 of 2007 in E.P. No.5 of 2006 in O.P. No.1711 of 2002 on the file of II Additional Metropolitan Sessions Judge-cum-XVI Additional Chief Judge, Hyderabad. The 1st respondent to the claim petition is the decree holder and the 2nd respondent to the claim petition is the Judgment debtor no other than the son of the claim petitioner. The property undisputedly, originally, belonged to husband of the claim petitioner-cum-father of the judgment debtor. 2. It is in the execution of the motor accident claim decree by the award, the decree holder filed E.P.No.5 of 2006 for attachment of the immovable property claimed that of the judgment debtor, where he undisputedly resides, which is the claim petition schedule property. It is in fact as per the Amin's report what the lower Court find rightly and not even despite from the submissions across the bar by both sides that the property was attachment not affected as there was a resistance caused to...


Dec 01 2015

Fytoken Formulations Ltd., rep. by its Administrative Executive V. Rag ...

Court: Andhra Pradesh

Decided on: Dec-01-2015

1. This writ petition is filed challenging order of second respondent dated 03.01.2003 in P.W.No.08 of 2002. 2. Brief facts leading to this writ petition are as follows: First respondent herein moved the Assistant Commissioner of Labour (for short lower authority ?), Ananthapur, invoking the provisions of Payment of Wages Act, 1936 (for short the Act ?), complaining that petitioner herein has not paid the settled resignation amount, which is Rs.35,977/- as per Rules. The lower authority conducted enquiry and as no counter is filed on behalf of petitioner herein, decided matter on ex parte basis and directed petitioner herein to pay a sum of Rs.35,977/-, which is due to first respondent herein together with penalty of equal sum, thus directed to pay a total sum of Rs.71,954/-. Aggrieved by the said order, petitioner preferred present writ petition contending that lower authority under the Act, has no power to impose such penalty and as per Section 15 of the Act, it can impose only a sum...


Dec 01 2015

P. Jaya Prakash Rao Vs. The State through L.A.O., Mandal Revenue Offic ...

Court: Andhra Pradesh

Decided on: Dec-01-2015

Nooty Ramamohana Rao, J. 1. This is an appeal preferred by the claimant aggrieved by the Award and Order passed by the Civil Court in O.P.No.7 of 1989, which is a reference made by the Land Acquisition Officer under Section 18 of the Land Acquisition Act, 1894 (for short, the Act'). 2. The facts, which are relevant, are as follows: The Collector exercising the power available to him under Sub Section (1) of Section 4 of the Act, published a notification on 24.11.1981 proposing to acquire land to an extent of Ac-5.14 guntas situate in survey Nos.17, 18 and 21 of Huzurabad, Karimnagar District for public purpose, namely for providing house sites to the poor. Possession of the land was taken, however, on 08.01.1982. The Land Acquisition Officer passed an Award on 23.09.1986 fixing the market value of the said land at Rs.4,500/- per acre. The claimant having protested for fixation of market value by the Land Acquisition Officer, sought for a reference to be made to the Civil Court for dete...


Dec 01 2015

Kanamarlapudi Nirmala Devi and Others Vs. Shaik Abdul Razak and Anothe ...

Court: Andhra Pradesh

Decided on: Dec-01-2015

In this appeal the owner of the vehicle was not served and a point arose whether the presence of the owner is necessary in an appeal filed by the claimants seeking enhancement of the compensation. Hence, it has become necessary for this Court to decide the said point, as this point has been arising in a number of appeals pending in this Court. Chapter XII of the Motor Vehicles Act, 1988 (for short, the Act), deals with Claims Tribunals. Section 165 thereof provides for constitution of Motor Accident Claims Tribunal and Section 166 provides for filing an application for compensation arising out of an accident. Subsection (4) thereof provides for treating the report of accidents forwarded to it under subsection (6) of Section 158 as an application for compensation under the Act without there being any need for a separate application by the claimants. Section 167 gives an option to file a claim for compensation either under the Workmen's Compensation Act, 1923 or under the provisions of t...


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