Wednesday, March 31, 2010

AP High Court allows closure of Nagarjuna Finance company

By S A Ishaqui

Hyderabad,March 30: A division bench comprising Justice B. Prakash Rao and Justice R. Kantha Rao on Tuesday gave its nod to wind up Nagarjuna Finance Limited. The bench allowed a company petition filed by the Reserve Bank of India seeking a direction to wind up the company under the provisions of the Reserve Bank of India Act 1934, read with the Companies Act 1956. However, the court refused the plea of Mr Pappula Manohar and others who filed writ petitions seeking a direction to investigate into alleged diversion of funds by promoter directors and to take necessary steps for attachment and sale of the assets acquired in the personal names of the promoter directors.

HC adjourns Mahyco’s appeal

Justice Ramesh Ranganathan of the High Court on Tuesday adjourned a petition filed by Mahyco Monsanto Biotech (India) Ltd seeking a direction to the state government not to determine or interfere with the trait value royalty fee charged by the company for BG-1 and BG-II cotton seeds. While adjourning the hearing to April 22, the judge recorded the statement of Mr D.V. Seetharama Murthy, advocate-general, that the state government had so far got no such proposal and if it gets any such proposal the government will act in accordance with Section 11 of the AP Cotton Seeds Act 2007.

CAT seeks Centre stand on IAS posts

The Hyderabad bench of the Central Administrative Tribunal on Tuesday sought to know the stand of the Centre regarding management of cadre posts of IAS officers by the state government.
The tribunal was dealing with a petition filed Mr A.K. Goel, a senior IAS officer, against the appointment of Mr S.V. Prasad as Chief Secretary.
The tribunal did not agree with the argument of the Centre that it had nominal role in the dispute.

AP High Court allows closure of Nagarjuna Finance company

By S A Ishaqui

Hyderabad,March 30: A division bench comprising Justice B. Prakash Rao and Justice R. Kantha Rao on Tuesday gave its nod to wind up Nagarjuna Finance Limited. The bench allowed a company petition filed by the Reserve Bank of India seeking a direction to wind up the company under the provisions of the Reserve Bank of India Act 1934, read with the Companies Act 1956. However, the court refused the plea of Mr Pappula Manohar and others who filed writ petitions seeking a direction to investigate into alleged diversion of funds by promoter directors and to take necessary steps for attachment and sale of the assets acquired in the personal names of the promoter directors.

HC adjourns Mahyco’s appeal

Justice Ramesh Ranganathan of the High Court on Tuesday adjourned a petition filed by Mahyco Monsanto Biotech (India) Ltd seeking a direction to the state government not to determine or interfere with the trait value royalty fee charged by the company for BG-1 and BG-II cotton seeds. While adjourning the hearing to April 22, the judge recorded the statement of Mr D.V. Seetharama Murthy, advocate-general, that the state government had so far got no such proposal and if it gets any such proposal the government will act in accordance with Section 11 of the AP Cotton Seeds Act 2007.

CAT seeks Centre stand on IAS posts

The Hyderabad bench of the Central Administrative Tribunal on Tuesday sought to know the stand of the Centre regarding management of cadre posts of IAS officers by the state government.
The tribunal was dealing with a petition filed Mr A.K. Goel, a senior IAS officer, against the appointment of Mr S.V. Prasad as Chief Secretary.
The tribunal did not agree with the argument of the Centre that it had nominal role in the dispute.

Saturday, March 20, 2010

AP High Court : Probe awards to top cops

By S A Ishaqui

Hyderabad, March 19: The Andhra Pradesh High Court on Friday pulled up the Centre for awarding Presidential gallantry awards to three IPS officers of the state without ascertaining whether they actually deserved it.

Mr K.N. Rao, a practising advocate of the High Court, filed a petition pointing out that Mr A. Siva Shankar, Mr Sriram Tiwari and Mr Nalini Prabhat, senior IPS officers, got the medals for an encounter with Maoists in which they did not take part.

Three top Maoist leaders Nalla Adireddy alias Shyam, Yerram Reddy Santosh Reddy alias Mahesh and Seelam Naresh were killed in the encounter that took place in Koyyur forest area in Karimnagar district on December 2, 1999.

“This court cannot determine or infer whether the three officers personally participated in the event for which the medals were awarded,” said a division bench comprising Justice Goda Raghuram and Justice G.V. Seethapathy while disposing of the petition.

The bench asked the Centre to examine the issue and take an appropriate decision with due regard to the prestige and honour associated with President’s police medal for gallantry.

According to the judges, the manner in which the Centre dealt with the issue put the prestige and integrity of the medals in jeopardy.

“The Centre has a fiduciary duty in processing the recommendation of the state government for the award of medals and it can neither be abdicated nor outsourced to the state,” said the court. “This however happened.”

Earlier, the state government had conducted a disciplinary inquiry against the same officers but later dropped the charges.

The court, expressing dissatisfaction over the inquiry, however, said that it was not giving any directive as the petitioner did not challenge the decision of the state government to drop charges.


AP High Court : Probe awards to top cops

By S A Ishaqui

Hyderabad, March 19: The Andhra Pradesh High Court on Friday pulled up the Centre for awarding Presidential gallantry awards to three IPS officers of the state without ascertaining whether they actually deserved it.

Mr K.N. Rao, a practising advocate of the High Court, filed a petition pointing out that Mr A. Siva Shankar, Mr Sriram Tiwari and Mr Nalini Prabhat, senior IPS officers, got the medals for an encounter with Maoists in which they did not take part.

Three top Maoist leaders Nalla Adireddy alias Shyam, Yerram Reddy Santosh Reddy alias Mahesh and Seelam Naresh were killed in the encounter that took place in Koyyur forest area in Karimnagar district on December 2, 1999.

“This court cannot determine or infer whether the three officers personally participated in the event for which the medals were awarded,” said a division bench comprising Justice Goda Raghuram and Justice G.V. Seethapathy while disposing of the petition.

The bench asked the Centre to examine the issue and take an appropriate decision with due regard to the prestige and honour associated with President’s police medal for gallantry.

According to the judges, the manner in which the Centre dealt with the issue put the prestige and integrity of the medals in jeopardy.

“The Centre has a fiduciary duty in processing the recommendation of the state government for the award of medals and it can neither be abdicated nor outsourced to the state,” said the court. “This however happened.”

Earlier, the state government had conducted a disciplinary inquiry against the same officers but later dropped the charges.

The court, expressing dissatisfaction over the inquiry, however, said that it was not giving any directive as the petitioner did not challenge the decision of the state government to drop charges.

Friday, March 19, 2010

Writ filed on Residential school admission test

By S A Ishaqui
Hyderabad, May 18: A writ petition has been filed in the AP High Court against withdrawal of the notification for entrance examination for admission in 5th standard in AP Residential Schools.

Mr. Narre Venkanna, a resident of Nalgonda district, filed the petition seeking a direction to conduct the common admission test for 2010-11 academic year.

The petitioner told the court that the state government had issued a notification on March 15 stating that the common admission test woud be held on May 23 for admitting students in AP Residential Educational Institutions, AP Social Welfare Institutions, and AP Tribal Welfare Institutions. He said that the National Commission for Protection of Child Rights had issued a direction to the state government on May 6, to withdraw the notification for the common admission test.

He contended that the action was violative of the Rights of Children to Free and Compulsory Education Act 2009. The petitioner urged the court to suspend the operation of the directive issued by the National Commission for Protection of Child Rights.

Sunday, March 14, 2010

Case filed against BMW for selling defective car

By S A Ishaqui

Hyderabad, March 13: Automobile major BMW India Pvt Ltd is facing a cheating case. The Hyderabad City Central Crime Station has registered a cheating case against the company based on a complaint lodged by GVR Infra Projects Ltd alleging that the car firm had fudged its retail sales figures and sold a defective car.

BMW in turn approached the AP High Court seeking a direction to quash the proceedings. It contended that the dispute did not attract criminal provisions and at the highest relate to a consumer and or civil dispute.

Meanwhile, the court gave a green signal to the police to go ahead with the investigation. It, however, directed them not to arrest any company officials.

According to the police, the managing director of city-based GVR Infra, Mr G. Pavan Kumar, complained that he had purchased a BMW-7 series car from Delta Cars Pvt Ltd here on September 25, 2009. The wheel alignment of the car was defective.

Mr Kumar told the police that his enquiries with the car company revealed that these problems were common with “dynamic drive package” and the company was aware of the issue. Despite this the company was selling cars to unsuspecting customers across the nation, he said.

He also charged that the company was luring customers by publicising false and fudged sales figures. The case will come up for hearing on Monday.

Thursday, March 11, 2010

AP High Cour resents police dabbling in civil disputes

By S A Ishaqui

Hyderabad, March 10: The AP High Court expressed serious concern at the undue interference of the police in civil disputes and asked the director general of police to detail the incidence of such cases cross the state on Wednesday .

Justice C.V. Nagarjuna Reddy also asked the DGP to file an affidavit explaining to the court the measures taken for the implementation of the circulars issued by his office asking cops not to involve themselves in civil disputes.

He was dealing with a petition filed by Ms Farhat Begum alleging that the Humayun Nagar police threatened to foist cases against her if she did not hand over the possession of her house to her relatives.

Mr Janakiram Reddy, counsel for home department, submitted to the court that the DGP issued circulars strictly instructing the police not to involve themselves in civil matters.

“The circular of the DGP appears to be observed more in breach,” retorted the court, while posting the case to March 25.

Notices issued to ex-DGP Mohanty

A division bench of the AP High Court on Wednesday issued notices to the director general of police, Mr R.R. Girish Kumar, and the former DGP, Mr A.K. Mohanty, on two petitions filed by former DGP Mr S.S.P. Yadav.

The bench comprising Justice Ghulam Mohammed and Justice G. Bhavani Prasad was dealing with petitions filed against the orders passed by the Central Administrative Tribunal protecting the apex pay scales of Mr Girish and Mr Mohanty.

The court also issued notice to the state government seeking its reply to the petition.

Order restraining channels extended

Justice C.V. Nagarjuna Reddy of the AP High Court directed the Hyderabad city police commissioner to strictly implement rule 6 of the Cable Television Network Rules 1994, restraining channels from the telecast of provocative speeches, violent incidents and crime-based bulletins.

The judge was dealing with a petition filed by Mr V.V.V.S. Kameswara Rao, an HC advocate.

The court had issued an interim order on December 29, 2009, directing the city police commissioner to take steps to restrain channels from telecast of such visuals.

The judge extended the interim order for three more weeks.

Desam activists seek bail

The Telugu Desam activists allegedly involved in assault on advocates at Indira Park on February 28 approached the High Court seeking bail in the case.

Mr S. Srinivasa Reddy, corporator of Saidabad division, Mr M. Bhanu Prasad and Mr Dinesh Yadav, former corporator, filed the bail application on Wednesday.

They told the court that they were arrested by the police on March 8 and remanded to judicial custody and alleged that their counsel had been obstructed by a group of advocates.

Wednesday, March 10, 2010

AP High Court seeks state’s position on bandhs and rasta rokos

By S A Ishaqui

Hyderabad, March 9: Chief Justice Nisar Ahmad Kakru of the AP High Court on Tuesday sought to know from the state government about the policy adopted by it to deal with bandhs and rasta rokos organised by political parties and other organisations.

The Chief Justice and Justice P.V. Sanjay Kumar were dealing with a public interest litigation (PIL), filed by one Mr C. Narayana, a native of Anantapur district.

He sought a direction to declare the action of the Government of India in not constituting a high-powered committee for the purpose of continuing united state of AP or forming new state or states as illegal. The petitioner also sought a direction that political parities should not call for bandhs and rasta rokos.

Referring to the relief sought by the petitioner to direct the Union government to constitute a high-powered committee, Justice Kakru observed that it was not in their domain.

The bench admitted the petition sought by the petitioner regarding bandhs and rasta rokos.

Mr P.V. Krishnaiah, counsel for the petitioner, while arguing the case, said that the fundamental rights of the citizens were affected due to frequent bandhs, rasta rokos, dharnas and other unconstitutional activities. He told the court that political parties were creating havoc by indulging in violence during bandhs and rasta rokos. The Chief Justice asked the advocate-general, Mr D.V. Seetharama Murthy, what steps were being taken by the government to maintain law and order.

Mr Murthy replied that he had filed a counter affidavit explaining the steps being taken. He said the state law and order machinery was continuously monitoring the developments issuing necessary instructions to all the unit officers to maintain law and order. The police has registered 1,075 cases and 4,219 persons were arrested for being involved in violent incidents.

The court granted a week’s time to the AG to file a report on the government’s policy.

Cops told to proceed with investigation

By S A Ishaqui

Hyderabad, March 9 : Justice L. Narasimha Reddy of the AP High Court on Tuesday disposed of a petition filed against Mr Chanumolu Rajiv, a leader of the Praja Rajyam, with a direction to the police to proceed with investigation.

Mr G.V.N.N.S.N. Murthy, a practising advocate in Vijayawada, filed a police complaint in April 2009, alleging that one Murali Krishna Gangadhar and Chanumolu Rajiv took money from him promising to appoint him to the post of a district judge.

He approached the High Court alleging that the police failed to take action against Rajiv. He sought a direction to the CBI to conduct a probe into the matter.

According to the petitioner, he paid Rs 25 lakh after he saw an important person in a high post connected with the selection process having tea at the residence of Chanumolu Rajiv in Visakhapatnam.

While disposing of the case, the judge observed that the investigation officer is at liberty to refer the matter to the CID or the CBI based on the investigation.