Andhra Pradesh Court January 2017 Judgments
Seema Bai Vs. The State of Telangana Rep by its Chief Secretary, GAD, ...
Court: Andhra Pradesh
Decided on: Jan-31-2017
Suresh Kumar Kait, J. 1. Vide present petition, the petitioner seeks direction thereby declaring the detention order dated 01.06.2016 passed by the 2nd respondent in SB(1) No.246/PD/S-1/2016 and approved by the 1st respondent in G.O.Rt.No.1315 dated 10.06.2016 General Administration (Law and Order) Department as illegal. The present petition is filed by the wife of the detenu. 2. The 2nd respondent issued detention order dated 01.06.2016 detaining the detenu in Central Prison, Chenchalguda, Hyderabad on the ground that detenu was carrying activities prejudicial to the maintenance of public order in the area as he is allegedly involved in two criminal cases. The 2nd respondent has furnished grounds of detention order dated 01.06.2016 when the detenu was in jail. 3. Learned counsel appearing on behalf of petitioner would submit that against the same detenu, earlier a detention order dated 24.01.2015 was passed and he was kept under detention, however, same was challenged before this Cour...
Tag this Judgment!Union of India, represented by its Secretary, to the Government of Ind ...
Court: Andhra Pradesh
Decided on: Jan-31-2017
V. Ramasubramanian, J. 1. The Union of India has come up with the above writ petition challenging an order of the Central Administrative Tribunal, Hyderabad Bench, directing the payment of pensionary benefits and the family pension together with all consequential benefits to the 1st respondent herein, whose husband became untraceable and in respect of whom a presumption of death in terms of Section 108 of the Evidence Act was raised. 2. We have heard Mr. B.Narayana Reddy, learned Assistant Solicitor General of India for the petitioners and Mr. S.Seshagiri, learned counsel for the 1st respondent. 3. The 1st respondent s husband was employed as a Gestetner Operator in the office of the Assistant Collector of Central Excise, Eluru Division, Eluru. It appears that from 07-10-1992, he went on earned leave for 3 days. But upon the expiry of the leave, he did not report for duty on 10-10-1992. 4. The 1st respondent lodged a police complaint on 04-9-1994 and a First Information Report was regi...
Tag this Judgment!Buddi Chandra Mohan Vs. The State of Andhra Pradesh, represented by it ...
Court: Andhra Pradesh
Decided on: Jan-30-2017
1. This petition is filed under Section 482 Cr.P.C seeking to quash the proceedings in C.C.No.69 of 2013 on the file of the Special Court for trial of ACB cases in Rayalaseema Region, Kurnool. 2. The facts leading to the filing of the present petition are, briefly, as follows: The petitioner joined the Government service on 05.12.1978 as Probationary Deputy Tahsildar and got promotions from time to time. The petitioner worked as Special Grade Deputy Collector, Srisailam Project with effect from 01.03.2009 to 28.10.2009. The petitioner retired from service on attaining the age of superannuation on 31.12.2010. On receiving credible information, that the petitioner has acquired disproportionate assets, while functioning as a public servant, the Inspector of Police, ACB registered a case in Crime No.11/RCA-KUR/2009 dated 21.11.2012, against the petitioner, for the offences punishable under Sections 13 (2) r/w 13 (1) (e) of Prevention of Corruption Act, 1988 (the P.C.Act). After completion ...
Tag this Judgment!The Principal Commissioner of Income Tax, Guntur Vs. M/s. Bharathi War ...
Court: Andhra Pradesh
Decided on: Jan-30-2017
U. Durga Prasad Rao, J. 1. This appeal is filed under Sec.260-A of Income Tax Act, 1961 (for short I.T. Act) by the Revenue against the order of Income Tax Appellate Tribunal (for short I.T.A.T), Visakhapatnam Bench, Visakhapatnam in I.T.A.No.275/Vizag/2012 dated 19.12.2016 whereby and whereunder the I.T.A.T dismissed the above said I.T.A filed by the Revenue. 2. The assessee firmSri Bharathi Warehousing Corporation, Guntur which was incorporated under a partnership deed dated 21.01.2000 has been receiving rental income and also income from trade of tobacco. The said firm filed returns declaring its total income as Rs.22,74,280/- for the Assessment Year 2008-09. It appears, the A.O in his assessment order noted that during the year under consideration, the assessees sales of tobacco amounted to Rs.3,40,24,250/- and income from rents Rs.3,27,98,587/- as admitted in the Trading and Profit and Loss Account filed by the assessee. The A.O observed, the rental income received by the assessee...
Tag this Judgment!K. Lokaiah and Others Vs. R. Mani Raju and Another
Court: Andhra Pradesh
Decided on: Jan-27-2017
Common Judgment: 1. These three appeals have arisen out of the two awards from the claims of same accident. 1-a. The injured claimant by name K.Lokaiah, the pillion rider of the motor cycle bearing No.AP 03 L 1740 filed O.P.No.174 of 2007 filed u/sec.166 of the Motor Vehicle Act,1988 (for short, the Act ) initially and later amended to Section 166 of the Act, on the file of the learned Chairman, Motor Vehicles Accidents Claims Tribunal-cum-III Addl.District Judge at Tirupati (for short, Tribunal ),against the owner and Insurer of the tractor and trailer bearing No.AP03 V 9516 and 9517 for a claim of Rs.3,00,000/- for the grievous injuries sustained by him while proceeding on the motor cycle supra being ridden by G.Subramanya Raju(deceased) caused by the rash and negligent driving of the driver of said tractor and on contest, the tribunal by its award dated 23.10.2009 granted compensation of Rs.57,000/- with interest at 6%p.a. by fixing liability against both the respondents. Aggrieve...
Tag this Judgment!Agile Security Force Pvt Limited, Kondapur, Ranga Reddy District and A ...
Court: Andhra Pradesh
Decided on: Jan-27-2017
This writ petition is filed questioning the action of the respondents in issuing the letter dated 31.07.2014, forfeiting the EMD amount of Rs.56,00,000/- and further imposing an additional penalty of proscribing the 1st petitioner from participating in any TTD tenders for a period of three years as arbitrary, illegal, without jurisdiction and violative of the principles of natural justice. The averments in the writ affidavit are that the 1st petitioner herein is an ISO Certified 9001:2008 organization specializing in providing high end security, security solutions and top of the line Facility Management Services. The 1st petitioner is the market leader and foremost organization in its field having clients all across the states of Andhra Pradesh and Telangana both in the Government and Private spheres. The 1st petitioner has been providing its Facility Management Services to Government Hospitals in 8 Districts i.e., Hyderabad, Warangal, Adilabad, Ananthapur, East Godavari, Srikakulam, K...
Tag this Judgment!Exotic Granites Exports Vs. State of Telangana, represented by its Sec ...
Court: Andhra Pradesh
Decided on: Jan-27-2017
Common Order: 1. Since these two Writ Petitions are connected, this Court deems it appropriate to dispose of these writ petitions by way of this common order. For the sake of convenience, this Court deems it appropriate to refer to the status of the parties as arrayed in W.P.No.16298 of 2008. 2. W.P.16298 of 2008 is filed under Article 226 of the Constitution of India, for the following relief: To issue writ order or direction more particularly one in the nature of writ of mandamus declaring the proceedings of the 1st respondent vide Memo No.5336/M.II(1)/2008-2 dated 11.7.2008 wherein according permission to the 5th respondent to reject quarry lease application of petitioner and further according permission under Rule 12(5) (b) of A.P.M.M.C.Rules, 1966 to the 5th respondent for overlooking the priority and considering the application of 6th respondent for grant of Quarry lease for quarrying black granite over an extent of 4.916 hectares in Ingurthy Reserve Forest, Warangal District as...
Tag this Judgment!Kale Mariyanna Vs. The State of A.P. rep. by Public Prosecutor
Court: Andhra Pradesh
Decided on: Jan-25-2017
Suresh Kumar Kait, J. This Criminal Appeal is preferred against the judgment dated 08.10.2010 delivered in S.C.No. 395 of 2007 by I Additional District and Sessions Judge, Eluru, West Godavari District whereby the accused was found guilty of the offence punishable under Section 302 IPC and accordingly convicted and sentenced to undergo imprisonment for life and to pay fine of Rs.500/-, in default of payment of fine, he shall undergo Simple Imprisonment for a period of six months. The accused has filed the present appeal on the ground that the learned Additional Sessions Judge erred in convicting him by relying upon the testimony of PWs.2 and 3 treating them as eye-witnesses to the occurrence of the offence. The learned Judge also failed to notice the conduct of PWs.2 and 3 that they did not inform anybody in the village much more to PW1, husband of the deceased - Meramma, till the next day which would throw any amount of suspicion on the truth of their evidence. The place of occurrence...
Tag this Judgment!Kurapati Ranga Raju Vs. The State of Telangana Represented by its Sect ...
Court: Andhra Pradesh
Decided on: Jan-25-2017
1. Validity of a notice issued by the Special Cadre Deputy Registrar of Cooperative Socieites, Khammam-3rd respondent herein vide proceedings Rc.No.1328/2016-D dated 9.1.2017 under Section 34-A of Telangana State Cooperative Societies Act, 1964 is under challenge in the present writ petition. 2. Petitioner herein is the President of Telangana Non-Gazetted Officers House Building Cooperative Society Ltd., Khammam. On the basis of a letter of motion of no confidence moved by five out of seven members of the Managing Committee, earlier the 3rd respondent herein issued a notice vide proceedings Rc.No.1328/2016-D dated 24.11.2016, fixing the date of meeting of the no confidence motion as 14.12.2016. Assailing the said notice, petitioner herein approached the State Government by way of a representation. The State Government by way of Memo bearing No.4782/Coop.II(2)/2016-2 dated 13.12.2016, granted stay of notice dated 24.11.2016 of the 3rd respondent herein. Challenging the validity of the s...
Tag this Judgment!Srinivas @ Pap. Vs. The State of Telangana, rep. by its Principal Secr ...
Court: Andhra Pradesh
Decided on: Jan-23-2017
Suresh Kumar Kait, J. Vide the present petition, petitioner seeks direction thereby quashing the impugned detention order dated 30th May 2016 vide Proceedings No.C3/2399/2016, whereby, the brother of the petitioner is detained under the provisions of A.P.Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986, which is confirmed by the 1st respondent vide G.O.Rt.No.1738, dated 06.08.2016, as illegal, unlawful and contrary to law and consequently direct the respondents to set free the brother of the petitioner from detention. The petitioner is brother of Sri Santhosh Singh @ Santhosh @ Gunna Santhosh @ Gunna Pariwar Santhosh (hereinafter referred to as detenu ). We have heard learned counsel for petitioner and learned Assistant Government Pleader for Home, appearing for respondents. Learned counsel appearing on behalf of petitioner submits that as alleged in the detention order dated 30.05.2016, the dete...
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