Andhra Pradesh Court January 2016 Judgments
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The State of A.P, Rep. by the Public Prosecutor Vs. Shaik @ Mohammed K ...
Court: Andhra Pradesh
Decided on: Jan-19-2016
U. Durga Prasad Rao, J. 1. This Criminal Appeal is preferred by the State against the judgment dt:10.01.2007 in S.C.No.122 of 2006 passed by the Principal Sessions Judge, West Godavari, Eluru, whereby and whereunder the learned Judge acquitted the accused for the charge levelled against him under Section 302 of Indian Penal Code (for short I.P.C ?). 2. The case of prosecution briefly is thus: a) On 15.08.2005, the deceased ”Roshan Baig and his friends demanded the accused for money to consume liquor at Gun Bazar Center, Eluru, as they came to know that accused disposed off his cell phone for Rs.1500/- and when accused refused to pay amount to them, they manhandled the accused on that night. On 19.08.2005, a wordy duel had taken place between the accused and deceased at the house of deceased i.e, at Pension Mahal, Eluru and though the parents of the deceased pacified the matter but the accused had not satisfied with the settlement and bore grudge against the deceased. b) The furth...
Shyamsundar Agarwal and Others Vs. The State of Telangana, represented ...
Court: Andhra Pradesh
Decided on: Jan-19-2016
This writ petition is filed for a mandamus to set aside notice in File No.A1/728/2015, dated 22.09.2015, of respondent No.2. The petitioners pleaded that petitioner No.1 and his brothers and sisters along with their parents have acquired various properties with the joint family funds in the name of different members of the joint family. That on 08.06.1995, the father of petitioner No.1 died intestate and on 09.10.2011, his mother also died intestate, that on 11.05.2015, the petitioners along with other family members have partitioned the joint family properties under a registered partition deed, bearing document No.5590 of 2015, and that on 15.07.2015, the petitioners have made applications to respondent No.2 seeking mutation of their names in the property register in respect of the properties, which have fallen to their respective shares. That under the impugned notice, dated 22.09.2015, the Commissioner of respondent No.2 has returned the said applications by informing that if the pe...
T. Ashok Kumar and Another Vs. The State of Andhra Pradesh, Rep. by it ...
Court: Andhra Pradesh
Decided on: Jan-18-2016
Nooty Ramamohana Rao, J. The 2 petitioners in this writ petition are appointed as members of the Andhra Pradesh State Consumer Disputes Redressal Commission, Hyderabad. The 1st petitioner herein was appointed as such for a term of 5years or up to the age 67years, whichever is earlier by order contained in G.O.Rt.No.65 Consumer Affairs, Food and Civil Supplies (CS.III) Department, dated 21.07.2011. The 2nd petitioner was appointed, subject to similar terms, by the Government through their G.O.Rt.No.12 Consumer Affairs, Food and Civil Supplies (CS.III) Department, dated 25.01.2012. Both of them have assumed charge as members of the State Consumer Disputes Redressal Commission, Hyderabad (henceforth referred to as State Commission ?) and started functioning as such. The Registrar of the State Commission issued Notification No.2 dated 02.04.2015, as per the directions of the 3rd respondent, the President of the Commission, informing all parties and their counsel that the matters earlier ma...
Malathi Bai Vs. State of Telangana., Rep. by its Chief Secretary Gener ...
Court: Andhra Pradesh
Decided on: Jan-12-2016
Nooty Ramamohana Rao, J. The petitioner seeks a writ of Habeas Corpus for setting at liberty Sri Naresh Singh @ Dabba Naresh, S/o Satyanarayana. The Commissioner of Police, Hyderabad City, 2nd respondent passed an order of detention on 02.05.2015 exercising the power available to him under sub-section 2 of Section 3 of Telangana Prevention of dangerous activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act (for short henceforth the Act') on the ground that the detenue was a Bootlegger as defined in Section 2 (b) of the Act and that he has been acting in a manner prejudicial to the maintenance of public order. This order of detention passed by the Commissioner of Police, Hyderabad City was approved, within the time limit of 12days provided for under Section (3) of the Act, by the State Government through their orders contained in G.O.Rt.No.1357 General Administration Department dated 13.05.2015. The State Government has also placed t...
Bhattiprolu Gram Panchayat and Others Vs. The District Collector (Panc ...
Court: Andhra Pradesh
Decided on: Jan-07-2016
Common Judgment: (Dilip B. Bhosale, ACJ.) 1. The question referred to this Bench is whether the provisions contained in Sections 104, 105 and 106 of the A.P. Panchayat Raj Act, 1994, have an overriding effect on the provisions of A.P. (Agricultural Produce and Livestock) Markets Act, 1966, irrespective of non obstante clause contained in Section 30 thereof in view of the provisions of Article 243-G of the Constitution of India?. 2. The question was referred by the Division Bench presided over by the then Chief Justice in Writ Appeal No.1323 of 2003 vide order dated 18.08.2003. 3. The appellants writ petition was dismissed by learned single Judge, placing reliance upon the judgments of two Division Benches of this Court in Agricultural Market Committee, Shankerpally v. Gram Panchayat, Shankerpally, R.R. District and another (1997 (5) ALD 798 (D.B.) and unreported judgment in W.P.No.16733 of 1985, in Agricultural Market Committee, Anantapur, v. Gram Panchayat, Samarladoddi decided on 26....
K. Bhudamma and Others Vs. Vidyadevi and Others
Court: Andhra Pradesh
Decided on: Jan-07-2016
1. Aggrieved by the Judgment and Decree dt.28.06.2001 in O.S.NO.588 of 1999 passed by the learned V Senior Civil Judge, City Civil Court, Hyderabad, granting specific performance decree in favour plaintiff in respect of 42 sq. yds. of site containing one Mulgi and one room situated in Jawaharnagar, Chikkadpally, Hyderabad, the defendants preferred the instant appeal. 2. First defendant is the mother, defendant Nos. 3 to 5 are her sons and second defendant is her daughter-in-law i.e., wife of the deceased son ”Ramalingam. The Plaintiff's case in brief is that the defendants are the owners of the premises bearing No. SRT 344 admeasuring 170 sq.yards in Jawaharnagar, Chikkadpally, Hyderabad and out of the said property, they offered to sell a portion admeasuring 42 sq. yards consisting of one Mulgi and one room and the plaintiff agreed to purchase the said property for Rs.2,15,000/- and the defendants executed an Agreement of Sale dt. 2.8.1997 in favour of plaintiff and received an ...
Consortium of Sai Rama Engineering Enterprises and Megha Engineering a ...
Court: Andhra Pradesh
Decided on: Jan-07-2016
1. The present writ petition is directed against the order of the second respondent dated 19.12.2015 invoking the bank guarantee furnished by the petitioner on the third respondent bank. 2. Petitioner states that he is the successful tenderer, who was awarded the work, in question, under an agreement dated 27.03.2008 with respondents 1 and 2. In terms of the said contract, the petitioner has given performance guarantee as per clause 3.3 of the agreement. Petitioner also submits that the time for completion of the contract was extended up to 31.12.2015 and the respondents had reserved their right to levy liquidated damages for delay in completion of the work. While so, the invocation of bank guarantee is questioned by challenging the impugned letter of the second respondent, primarily, on the ground that the bank guarantee itself is conditional and is only invocable subject to any breach having been committed. Petitioner states that there is no allegation of breach of any term of the co...
Chitikesi Shoba Rani Vs. State of Telangana., Rep. by its Principal Se ...
Court: Andhra Pradesh
Decided on: Jan-07-2016
Nooty Ramamohana Rao, J. This writ petition for Habeas Corpus was moved by the wife of the detenue challenging the correctness of the orders passed by the Collector and District Magistrate, Warangal on 30.06.2015 for the preventive detention of Sri Chittikesi Sadashivudu S/o. Punnam Chander. This order has been passed by the Collector and District Magistrate, Warangal exercising the power available to her under Sub Section 2 of Section 3 of 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 District Magistrate for arriving at subjective satisfaction has relied upon seven grounds. The first of them relates to an incident which took place on 24.02.2011 where the raid conducted yielded to 29 plastic bags each containing about 24 kgs of black jaggery and 1 kgs of alum. Thus, this material is allegedly used for preparation of illicitly distilled liquor. Thus, a ca...
Taghunatha Rao Chakkilam and Another Vs. The State of Telangana, Repre ...
Court: Andhra Pradesh
Decided on: Jan-07-2016
(Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a writ, order or direction, more particularly, one in the nature of writ of mandamus (PIL) declaring 1. the action of the respondents 2 to 4 in not complying with the undertaking given and interim orders passed in PILMP No. 6 of 2015 in PIL 3 of 2015, dt.27.04.2015 and the consequent affidavit filed on 02.11.2015 in PIL No. 3 of 2015 by the 3rd respondent for extension of time granted in PILMP No. 6 of 2015 by another 45 days statutory time as illegal, arbitrary, malafide and against the statutory requirement 2. Consequentially enlarge/extend the time granted for conducting the election to the Greater Hyderabad Municipal Corporation in. PIL 3 of 2015 as the 2nd to 4th respondents failed to comply with the time schedule fixed by this Hon'ble Court.) Common Order: In the circumstances, we are inclined to grant the interim ...
JNTUH and Others Vs. Sarada College of Pharmacy and Others
Court: Andhra Pradesh
Decided on: Jan-07-2016
Common Judgment: (Dilip B. Bhosale, ACJ.) 1. These ten Writ Appeals, filed by Jawaharlal Nehru Technological University (for short, the University'), are directed against the common order dated 07.07.2015, whereby about 110 writ petitions, filed by different institutions/colleges imparting technical education, have been disposed of. In all the writ petitions, basically, the petitioners-institutions/colleges sought Writ of Mandamus declaring the action of the University rejecting affiliation and communicating deficiencies for running different courses in B.Tech and M.Tech degree courses, as illegal, arbitrary and unconstitutional. 2. Writ Petitions were disposed of issuing certain directions to All India Council for Technical Education (for short, AICTE') established under the provisions of All India Council for Technical Education Act, 1987 (for short, AICTE Act') and to the University established under the provisions of Jawaharlal Nehru Technological University Act, 2008 (for short, J...
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