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Jan 20 2017 (HC)

The Zonal Secretary, Secunderabad and Another Vs. K. Mallikarjuna Rao ...

Court : Andhra Pradesh

1. The respondent Nos.1 and 2 in S.O.P.No.365 of 2016 on the file of I Additional Chief Judge, City Civil Court, Hyderabad, impugning the docket order dated 22.09.2016 in I.A.No.1638 of 2016, maintained the revision. 2. The original petition is filed by the two petitioners by name K.Mallikarjuna Rao and S.Devender against as many as 53 respondents under Section 23 of Andhra Pradesh Societies Registration Act, 2001 (for short the Act ), for the reliefs of declaration and perpetual injunction viz., a) Declaring the electorate, nominated by respondent Nos.1 and 2, during the period 2013-16 i.e., respondents 4 to 53 as incompetent electorate, having nominated by the respondents 1 and 2 by fraudulent means, for the elections for the tenure 2016-19 to be held at South Central Railway Zone, for the Zonal Executive Committee of All India S.C. and S.T. Railway Employees Association, Secunderabad Zone, SCR, Secunderabad, as per the notification dated 16.09.2016. b) Declaring the Election Notifi...

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Jan 20 2017 (HC)

Dhruv Medical Centre, A Partnership Firm Vs. Vijay Shanker Patel and A ...

Court : Andhra Pradesh

1. The revision is maintained by M/s.Dhruv Medical Center, a partnership firm with Office at Vinayak Towers near Bowenpally, Secunderabad, against Vijay Shanker Patel and his wife Smt. Sumanthi Patel. It is impugning the order of the Chief Judge, City Civil Court, Hyderabad dated 08.08.2016 passed in the Tr.O.P.No.312 of 2016 by transferring the arbitration O.P.No.2139 of 2015 pending on the file of IX Additional Chief Judge, City Civil Court, Hyderabad to the file of I Additional Chief Judge, City Civil Court, Secunderabad, to be tried along with E.P.No.32 of 2015 pending on the file of I Additional Chief Judge, City Civil Court, Secunderabad. 2. The contentions in the grounds of revision vis- -vis the submissions of the learned counsel for the revision petitioner supra impugning the transfer order supra are that the impugned order dated 08.08.2016 is opposed to Section 42 of the Indian Arbitration and Conciliation Act, 1996 (for short the Act ) which speaks on jurisdiction that, not...

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Jan 20 2017 (HC)

Naveen Krishna Bothireddy Vs. State of Telangana and Another

Court : Andhra Pradesh

1. The present Criminal Revision Case is filed by Accused No.1 (for short A.1 ) of Crime No.217 of 2016 of Women Police Station, DD, Hyderabad, aggrieved by the order dated 08.08.2016 in Crl.M.P.No.2305 of 2016 passed by the learned XIII Additional Chief Metropolitan Magistrate (Mahila Court), Hyderabad, allowing the petition filed by the State, represented by the Station House Officer, Women s Police Station, D.D., Hyderabad, and directing the petitioner/A.1 to undergo medical test/potency test for Erectile Dysfunction (for short E.D. ) at Osmania General Hospital, Hyderabad, on 22.08.2016, with a further direction to the Investigating Officer, Women Police Station, DD, City Crime Station, Hyderabad, to take necessary steps. 2. The contentions in the grounds of revision vis-a-vis the oral submissions in the course of hearing by the learned counsel for A.1 - revision petitioner are that the impugned order of the Court below is contrary to law, wholly unsustainable and failure of just...

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Jan 19 2017 (HC)

Bypu Subbarao Vs. Dasari sudhakar Babu @ Sudhakar and The State of And ...

Court : Andhra Pradesh

1. This criminal revision case is filed under Sections 397 and 401 Cr.P.C., assailing the order dated 17.1.2013 in Crl.M.P. No.2715 of 2011 rejecting the prayer of the petitioner to discharge him for the offence under Section 326 IPC in C.C. No.865 of 2010 on the file of the Court of Chief Metropolitan Magistrate, Vijayawada, Krishna District. 2. The facts leading to filing of the criminal revision case are succinctly as follows: The first respondent filed complaint under Section 200 Cr.P.C., on the file of the Court of Chief Metropolitan Magistrate, Vijayawada against the petitioner for the offence punishable under Section 326 IPC. On behalf of the complainant, P.Ws.1 to 7 were examined and Exs.P1 to P8 were marked. Basing on the oral and documentary evidence available on record, the trial Court arrived at a conclusion that the material placed before it is prima facie sufficient to proceed against the petitioner and had taken cognizance of offence under Section 326 IPC and numbered th...

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Jan 19 2017 (HC)

United India Insurance Company Limited Vs. N. Jagannath and Others

Court : Andhra Pradesh

Common Judgment: 1. These three appeals are preferred by the self-same Insurer-2nd respondent out of two respondents including owner of Maruthi van bearing No.AP 9 D 8833 in all the three claim petitions viz; O.P.No.682 of 2007(subject matter of MACMA No.915 of 2010) filed by parents of the deceased-Abhilash for compensation of Rs. 5,00,000/-; O.P.No.670 of 2007 (subject matter of MACMA No.209 of 2010) filed by one of the injured claimants-K.Shanth Kumar for compensation of Rs.7,00,000/- and O.P.No.669 of 2007 (subject matter of MACMA No.172 of 2010) filed by another injured claimant-Jagannath for compensation of Rs.2,00,000/- on the file of the learned Chairman, Motor Accidents Claims Tribunal-cum II Addl. Metropolitan Sessions Judge, Hyderabad (for short, the tribunal ) under Section 163-A of the Motor Vehicle Act,1988 (for short, the Act ), impugning the respective awards-dated 02.11.2009 in O.P.No.669 of 2007, since granted compensation of Rs.78,952/- out of Rs.2,00,000/-, dated ...

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Jan 19 2017 (HC)

Preetesh Kumar Vs. The State of Telangana and Another

Court : Andhra Pradesh

1. This petition is filed under Section 482 Cr.P.C. to quash the proceedings dated 24.06.2016 in Crl.R.P.No.111 of 2016 passed by the IV Additional Metropolitan Sessions Judge, Hyderabad, whereby confirmed the order dated 18.04.2016 in Crl.M.P.No.1704 of 2015 in C.C.No.33 of 2014 of the IX Special Magistrate Court, Hyderabad. 2. The petitioner is the accused in C.C.No.33 of 2014 on the file of the IX Special Magistrate Court, Hyderabad, for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short the Act ). The 2nd respondent is the complainant and filed a private complaint against the petitioner/accused for the offence punishable under Section 138 of the Act, contending that there is a legally enforceable debt and that the cheque was issued towards discharge of legally enforceable debt, which was dishonoured on presentation. Thereafter, he issued notice in compliance of Section 138 of the Act demanding the petitioner/accused to pay the amount covere...

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Jan 19 2017 (HC)

T. [email protected] Vs. The State of Telangana and Another

Court : Andhra Pradesh

1. The petitioner/accused maintained the revision impugning the dismissal order of the learned Magistrate dated 26.11.2016 in Crl.MP.No.276 of 2016 in C.C.No.485 of 2013, a case under Section 138 of the Negotiable Instruments Act, during trial sought for sending under Section 45 of the Evidence Act (for short the Act ) Exs.P1 and P2, the so called cheques to the expert to determine the age of the ink. 2.It is based on the defence that the cheques were given in the year 2007 and those were time barred for not encashed and presented for encashment within six months therefrom and those were presented by altering or tampering the dates making as if given on the respective date and month of the year 2012, after more than 6 years and thereby the documents are to be send to the handwriting expert for comparison and determination of age of the writings. The same was since opposed on various grounds of the same is a false defence plea and an afterthought and no purpose be served having not dis...

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Jan 19 2017 (HC)

A. Gurusingh Raio Vs. The State of Telangana, Rep. by its Prl. Secreta ...

Court : Andhra Pradesh

Suresh Kumar Kait, J. Vide present Writ Petition, the petitioner seeks a direction thereby to set aside the order of detention in SB (I) No.299/PD/SI/2016, dated 5.6.2016 passed by the second respondent and set his son-in-law by name Tarun Gupta @ Amrit Sabharwal, S/o Late Uma Shankar Guptha at liberty forthwith. The case of the petitioner is that his son-in-law, by name Tarun Gupta @ Amrit Sabharwal (hereafter referred to as the detenu ) was arrested by the Delhi police on 1.4.2016 in connection with FIR No. 317 of 2016 registered on the file of Station House Officer, Police Station, Saket, New Delhi, for the offence punishable under Section 420 IPC and was remanded to judicial custody. In pursuance of the orders (P.T. Warrant) of the learned Additional Chief Metropolitan Magistrate-cum-Special Metropolitan Magistrate for trial of cases under Labour and Factories Act, Hyderabad, dated 29.04.2016, the Delhi Police brought the detenu to Hyderabad from Rohini Jail, New Delhi and produce...

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Jan 19 2017 (HC)

Siddareddy Venkatanagaraja Reddy Vs. Mir Shahamat Ali Khan

Court : Andhra Pradesh

1. The plaintiff maintained the revision against the defendant of O.S.No.942 of 2011 which is a suit filed in relation to the plaint schedule property of Ac-24-10 guntas with building therein known as Mount Pleasant house bearing Nos.8-2-249 to 267 at road No.3 Banjara Hills, Hyderabad, within boundaries described for the relief of declaration that action of defendant in cancelling irrevocable General Power of Attorney (for short GPA) document No.2119 of 1994 dated 16.09.1994 is illegal and arbitrary and further to declare the plaintiff would continue as GPA holder of the defendant in terms of the document supra and to cancel the cancellation of irrevocable GPA document No.210 of 2011 dated 30.04.2011 and for permanent injunction restraining defendant and persons claiming through him to give effect to said cancellation of GPA dated 30.04.2011 supra of Sub Registrar Khairatabad and such other just reliefs. 2. The averments in support of the plaint in claiming the reliefs are that the ...

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Jan 06 2017 (HC)

Karem Sivajee Vs. J.Prasad Babu and Others

Court : Andhra Pradesh

Common Judgment: (Ramesh Ranganathan, ACJ.) Both W.A. Nos.1220 and 1225 of 2016 are preferred by the 4th respondent and respondent Nos.1 and 2, in W.P. No.14299 of 2016, respectively aggrieved by the order of the Learned Single Judge dated 04.11.2016 setting aside the appointment of the 4th respondent as the Chairman of the Andhra Pradesh State Commission for Scheduled Castes and Scheduled Tribes, vide G.O.Ms. No.45 dated 13.04.2016, on grounds of illegality and procedural impropriety. The parties in these appeals shall, hereinafter, be referred to as they are arrayed in W.P No.14299 of 2016. The petitioners, five in number, filed W.P. No.14299 of 2016 to declare the action of the 1st respondent in issuing G.O.Ms. No.45 dated 13.04.2016 appointing the 4th respondent as the Chairman of the Andhra Pradesh State Commission for Scheduled Castes and Scheduled Tribes (hereinafter called the Commission ) as illegal, arbitrary and violative of Article 14 of the Constitution of India, and to d...

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