Andhra Pradesh Court December 1999 Judgments

G.M., Venkateshwara Hatcheries Ltd. and Another Vs. Vanapalli Simhacha ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. We find that the District Forum erred in allowing the complaint failing to notice that there was no consumer dispute involved. The complainant, who is the respondent in the appeal, approached the District Forum for refund of the amount paid by him to the opposite parties, who are the appellants before us, on the ground that they committed breach of contract as they did not supply the broiler chicks as agreed to by them. There is no dispute that the amount was received by the appellants for supply the chicks and that they did not supply the chicks. The question is whether the claim for refund of the amount for breach of contract of supply would lie before the Tribunals under the Consumer Protection Act, 1986. The question is no longer res-integra because it is settled by two decisions of the National Commission which are on all fours with the facts of the present case General Co-operative Group Housing Society Ltd. v. J.K. Cement Works and Anr., I (1991) C...

Syed Muneer Raza Vs. Chairman, Railway Board, New Delhi and Others

Court: Andhra Pradesh

Reported in: 2000(1)ALD689

ORDER1. This Batch of wit petitions can be disposed of by a common order, as the point involved in all the writ petitions is one and the same.2. All these writ petitions are filed by the mango traders who export mangoes from Nuzvid to New Delhi under a consignment entrusted to Railway administration to transport and deliver the same at its destination at New Delhi.3. The petitioners have questioned the action of the respondent No.9, The Chief Goods Supervisor, Northern Railways, Jhansi, Uttar Pradesh, in issuing re-weighment particulars by arriving overweight vide the order dated 5-6-1998 and consequently collecting the under charges of Rs.4,97,767/- from the petitioner in VP No.9796 of 1999 (vide money receipt Nos.777628 to 777635 by the third respondent-The Chief Parcel Supervisor, Naya Azadpur Railway Station, New Delhi); Rs.85,387/- from the petitioner in WP No.9830 of 1999 (vide money receipt Nos.777623 to 777639 by the third respondent); Rs.91,193/- from the petitioner in WP No.9...

Khaja MasiuddIn Vs. Andhra Pradesh State Road Transport Corporation an ...

Court: Andhra Pradesh

Reported in: 2000(2)ALD370

ORDER1. This writ petition is filed seeking a writ of mandamus declaring the orders passed by the fifth respondent dated 4-7-1998, as confirmed by respondents 4 and 3 by their orders dated 18-8-1998 and 28-10-1998 respectively, accepting the voluntary retirement of the petitioner after receipt of withdrawal application, as illegal, unjust and contrary to law.2. The facts of the case are that the petitioner has joined the services of the respondent-Corporation on 23-9-1964 and served in different capacities, and ultimately promoted as Traffic Inspector Grade-I. While so, owing to some domestic problems, he submitted an application for voluntary retirement on 10-6-1998 giving one month notice. Subsequently, he changed his mind and submitted an application on 28-6-1998 withdrawing his application for voluntary retirement. The said application of withdrawal addressed to the Deputy Chief Traffic Manager, Ranga Reddy Region, was acknowledged by the Office of the Regional Manger, Ranga Reddy ...

M. Sai Venkata Ramana Vs. Regional Transport Authority, Kakinada

Court: Andhra Pradesh

Reported in: 1999(5)ALD523

ORDER1. This is the second successive writ petition filed by the petitioner. In this writ petition, the petitioner is challenging the proceedings issued by the respondent in Memo No. 27822/A1/97 dated 25-4-1998. The petitioner made an application for pucca stage carriage permit on the existing town service route Venkatanagar to Patavala. The said application was rejected by the respondent. Against the said rejection the petitioner filed an appeal before the State Transport Appellate Tribunal in AP No.380 of 1996. The said Tribunal after considering the matter allowed the appeal on 18-3-1997 and directed the authorities to issue permit to the petitioner on the route in question. It as the case of the petitioner that he purchased the bus in pursuance of an order of the appellate authority and kept the vehicle ready to ply the same on issue of permit. But,however, the Andhra Pradesh State Road transport Corporation filed Writ Petition No.6010 of. 1997 challenging the order of the Tribunal...

Nutech Agros Ltd. and ors. Vs. Ch. Mohan Rao and anr.

Court: Andhra Pradesh

Reported in: 2000(1)ALD(Cri)255; 2000(1)ALT(Cri)305

Chelameswar, J.1. This is a petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying that an order dated July 15, 1999, passed by the learned Special Judge for Economic Offences at Hyderabad in Crl. M. O. No. 527 of 1999 in C. C. No. 7 of 1999 be quashed. The petitioners herein are the accused while the first respondent herein is the complainant in the above-mentioned C. C.2. The first respondent filed a complaint under Sections 205 and 207 of the Companies Act, 1956 (hereinafter referred to as the 'the Act') against the petitioners herein. According to the complaint, the first respondent is a shareholder in the first petitioner-company holding 46,600 shares. Petitioners Nos. 2 to 4 are the directors of the first petitioner-company. The first petitioner declared a dividend of 10 per cent, for the accounting year 1994-95 in the annual general body meeting held on December 30, 1995. By virtue of the said decision, the first respondent is entitled to a sum of Rs. ...

R.P. Dube Vs. Government of A.P., Home Department and ors.

Court: Andhra Pradesh

Reported in: 1999(6)ALT738

ORDERRamesh Madhav Bapat, J.1. This petition is filed by the petitioner invoking the jurisdiction under Article 226 of the Constitution of India with a prayer to issue a Writ of Certiorari or any other appropriate Writ, order or direction calling for the records relating to the orders passed by the fourth respondent in O.A.No. 6837 of 1999 dated 19-11-1999 and quash the same.2. The writ affidavit filed by the petitioner herein shows that the petitioner was appointed as Sub Inspector of Police in the year 1972 and on consequential promotion now the petitioner is acting as a Deputy Superintendent of Police. He was transferred and posted as Deputy Superintendent of Police, Civil Supplies Department in one of the existing vacancies vide G.O.Rt.No. 226 Home (Police-E) Department dated 1-2-1999. It is further stated by the petitioner that the issue of the orders by the Government is based on the recommendation made by the Director General and Inspector General of Police. The petitioner repor...

Pola Gourinaidu Vs. National Insurance Co. Ltd.

Court: Andhra Pradesh

Reported in: 2001ACJ907; 2000(1)ALT185

ORDERD.S.R. Varma, J.1. This Civil Revision Petition is filed against the order in I.A. No. 1342 of 1999 in MV OP No. 672 of 1997, dated 31-8-1999 on the file of the Additional District Judge's Court, Vizianagaram, refusing the relief sought by the petitioner to withdraw an amount of Rs. 75,000/- besides eligible amounts, from out of the total compensation amount granted in favour of the petitioner-injured. 2. Heard the learned Counsel for the petitioner. 3. The record reveals that O.P. No. 672 of 1997 was filed by the petitioner, the same was decreed and a total compensation of Rs. 1,34,660/-, together with interest at 12% p.a., and proportionate costs was awarded which comes to Rs. 1,74,346/-. The said MV OP was disposed of on 29-12-1998. Subsequently, in compliance with the said order, it appears that the total compensation amount of Rs. 1,74,346/- has been deposited by the respondent. 4. The petitioner filed I.A. No. 1342 of 1999 seeking permission of the Court to withdraw an amoun...

P. Rama Rao and Others Vs. High Court of Andhra Pradesh and Others

Court: Andhra Pradesh

Reported in: 2000(1)ALD298; 2000(1)ALT210

ORDERP. Venkatarama Reddi, J 1. The petitioners herein are the defendants in suit OS No.4767 of 1996 filed by the 3rd respondent in the City Civil Court. The 3rd respondent-plaintiff is said to be the Mutawalli of a Wakf governed by the Wakf Act, 1995. The suit was filed for ejectment and recovery of mesne profits. The suit which was filed on 6-11-1996 long after the Wakf Act, 1995 came into force is pending in the Court of XIX Junior Civil Judge, City Civil Court, The trial had commenced and PW1 was examined. At that stage, the writ petitioners raised an objection that the suit cannot be continued in the civil Court inasmuch as the civil Court has no jurisdiction to deal with the matter falling within the purview of Wakf Tribunal constituted under the said Act. This contention was not accepted by the learned trial Judge, basing on the circular of the High Court in Roc.No,2960/El/98, dated 13-7-1999. Paras 2 and 3 of the Circular read as follows:'The suits or other proceedings involvin...

P. Muthuswamy (Died) by Lrs. and Others Vs. Janakiram (Died) by Lrs. a ...

Court: Andhra Pradesh

Reported in: 2000(1)ALD463; 2000(2)ALT269

1. This CRP is directed against an order passed on an application for restitution filed under Section 144 CPC.2. The petitioners herein are the legal representatives of late P. Muthuswamy who was the sole plaintiff in OS No.28 of 1994 on the file of the Court of the Principal District Munsif, Hyderabad, East and North, Rangareddy District, whereas the respondents are the legal representatives of late Janakiram who was the sole defendant in the said suit. The said suit was filed for eviction of the defendant from the suit schedule property which is a building situate in Malkajgiri, Secunderabad, on the allegations that the plaintiff purchased the suit property from the original owner B. Sampatlal by and under a registered sale deed dated 15-6-1983, that the defendant, who was then in occupation of the suit property as a tenant, was attorned to the plaintiff and that the defendant failed to vacate the same inspite of a notice to quit. The suit was resisted by the defendant denying and di...

G. Sai Babu Vs. V. Madhava Rao

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. Counsel for the appellant is not present to day also. He was not present on 26.4.1999, 10.6.1999, 16.6.1999 and 19.7.1999. We heard the learned Counsel for the respondent/complainant. 2. This is an appeal preferred by the 2nd opposite party in O.P. No. 145 of 1996 questioning the order of the Hyderabad District Forum-II in that O.P. dated 13.10.1998 directing opposite parties 1, 2 and 4 in that O.P. to repay to the complainant Rs. 20,000/- with interest at 18% per annum from 1.5.1995 till repayment. The complaint was dismissed against opposite party No. 3 with costs of Rs. 200/- payable by the complainant to her. The respondent in the appeal is the complainant. Opposite parties 1 and 4 did not prefer any appeal against the order of the District Forum. 3. The respondent/complainant filed cross-objections on 27.9.1999 but they are not maintainable as held by the National Commission in National Insurance Company Limited v. Om General Stores, III (1992) CPJ 6...