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Andhra Pradesh Court October 2009 Judgments

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Oct 20 2009

T. Laxma Reddy Vs. Government of A.P. Rep. by Its Secretary to Home De ...

Court: Andhra Pradesh

Decided on: Oct-20-2009

Reported in: 2010(1)ALT28

ORDERK.C. Bhanu, J.1. Petitioner herein who is the 5th respondent in W.P. No. 18043 of 2004, filed this review petition under Section 114 of the Civil Procedure Code, 1908 (hereinafter referred to as 'CPC') aggrieved by the order dated 24-02-2005, in W.P. No. 18043 of 2004.2. The petitioner herein along with four others filed O.A. No. 7464 of 2002 before the Andhra Pradesh Administrative Tribunal, Hyderabad, with a prayer to direct the respondents to consider the case of the applicants for selection as per the orders issued in O.A. No. 639 of 1999 and batch, dated 18-08-1999 and also O.A. No. 8427 of 2000 and batch, dated 07-06-2002. The Tribunal, by its judgment, dated 27-02-2004 held thus:Therefore, the O.As. are disposed of with a direction to the respondents to consider the claims of the applicants as per the orders issued in O.A. No. 639 of 1999 and batch, dated 18-08-1999 and also O.A. No. 8427 of 2000 and batch, dated 07-06-2002 by setting aside the impugned Memo No. 520/R&T;/Ad...


Oct 19 2009

Danavath @ Ramavath Tarabai Vs. Mudavath Prameela and ors.

Court: Andhra Pradesh

Decided on: Oct-19-2009

Reported in: 2009(6)ALT802

ORDERP.S. Narayana, J.1. On 23.7.2009 this Court initially directed the matter to appear in the list on 31.7.2009 at 2-15 p.m. and till then it was directed that the status quo obtaining as on that day be maintained by the parties. On 31.7.2009 this Court issued Rule Nisi and the status quo granted earlier on 23.7.2009 was extended until further orders.2. The first respondent-contesting respondent filed W.V.M.P. No. 2401 of 2009 praying for vacation of the interim order specified supra.3. Heard Sri C. Raghu, learned Counsel representing the writ petitioner, Sri E. Madan Mohan Rao, learned Counsel representing the first respondent in the writ petition and the learned Government Pleader for Panchayat Raj and learned Government Pleader for Revenue representing respondents 3 to 8.4. The counsel on record at this stage made a request for final disposal of the writ petition and, hence, the writ petition was heard finally by this Court and the same is being disposed of finally.5. The petition...


Oct 15 2009

Andhra Bank, Personnel Department, Rep. by Its General Manager (P) and ...

Court: Andhra Pradesh

Decided on: Oct-15-2009

Reported in: 2010(1)ALT313

P.V. Sanjay Kumar, J.1. Arising out of the common order in Writ Petition Nos. 23410 of 2005 and 16996 of 2007, these two appeals commend disposition to a conjoined adjudication.2. The Andhra Bank, the respondent in the two writ petitions, is the appellant in both the appeals. The issue arises out of the action of the first respondent/writ petitioner (hereinafter referred to as 'the Officer') in seeking voluntary retirement from the service of the Andhra Bank (for brevity, 'the Bank') and his subsequent action in withdrawing therefrom.3. The Officer joined the service of the Bank in the year 1977 as a Rural Credit Officer in Middle Management Grade-II Scale. In the year 2003 he was working as an Assistant General Manager of the Bank at its Bhubaneswar Branch and sought transfer to Hyderabad. Upon his request, he was retained at Hyderabad for four months under the proceedings dated 02.01.2004 and was transferred to Delhi under the proceedings dated 03.04.2004. The Bank refused to accept ...


Oct 15 2009

The Branch Manager M/S.Oriental Insurance Company Limited Vs. Miduthur ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Oct-15-2009

Oral Order( Per SYED ABDULLAH,Honble Member) Aggrieved by the order of the file of District Forum, Kadapa, in C.C.No.13/2007 directing payment of insurance claim pertaining to the Janata Personal Accident Policy, this appeal is preferred by the opposite party contending that the District Forum has passed an erroneous order contrary to the terms and conditions of the policy. The facts of the case are that the complainants husband, namely, Miduthuri Suresh, had taken Janata Personal Accident Policy for an assured amount of Rs.1,00,000/- i.e. policy bearing No.1806/1999 for the period from 31-3-1999 to 30-3-2000 and that the complainant was the nominee under the said policy issued by the opposite party. While the matter stood thus on 30-4-2004, the insured, Suresh, complained of chest pain and was taken to the nursing home at Proddatur where he became unconscious and died. He died due to cardiac arrest. The complainant informed the same to the opposite parties and requested to issue claim...


Oct 15 2009

The Vice Chairman and Housing Commissioner Vs. G.V. Papi Reddy and Oth ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Oct-15-2009

Oral Order( Per Smt.M. Shreesha,Honble Member) Aggrieved by the order in C.D.No.155/2006 on the file of District Forum-III, Hyderabad, the opposite party preferred this appeal. The brief facts as set out in the complaint are that the complainants on seeing the advertisement of opposite party for construction of houses in various places and estimation of costs of MIG, LIG and EWS or LIG II at Rs.50,000/-, 40,000/- and 15,000/- respectively and the applicants must pay earnest money deposit of Rs.1,000/-, Rs.200/- and Rs.100/- respectively, complainants 1 to 3 applied for allotment of MIG houses and the remaining complainants applied for allotment of LIG houses. The complainants 1 to 3 have deposited Rs.1,000/- towards EMD and complainants 4 to 13 paid EMD of Rs.200/- and submitted their applications. The opposite party asked the willingness of complainants on 2-12-1989 for construction of the same type of houses at Pocharam in R.R.District and the complainants gave their consent. On 31-1...


Oct 15 2009

Nizamabad District Co-operative Central Bank Ltd., Nizamabad, Rep. by ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Oct-15-2009

Oral Order( Per Smt.M. Shreesha,Honble Member) This is a petition filed to dispose of the appeal as settled out of court and permit the appellant counsel to withdraw the statutory deposit of Rs.25,000/-. Counsel for petitioners/appellants present. In view of the notarized affidavit given by the respondent No1.1 that she has no other claim and no objection for the petitioners/appellants withdrawing the statutory amount, the petitioners are permitted to withdraw the statutory amount. Office is directed to issue a cheque in favour of the petitioners for Rs.25,000/- under proper acknowledgement and proper identification. Consequently the appeal, F.A.No.1088/2008 is dismissed as settled out of court. There shall be no order as to costs....


Oct 14 2009

Polisetty Satyanarayana and ors. Vs. District Collector and ors.

Court: Andhra Pradesh

Decided on: Oct-14-2009

Reported in: 2009(6)ALT771

ORDERP.S. Narayana, J.1. This Court ordered notice before admission on 18-8-2009.2. 2nd respondent filed counter affidavit and a reply affidavit also had been filed.3. This Court issued rule nisi on 9-10-2009.4. Heard Mr. Srinivas Reddy representing Sri Jitender Rao, the learned Counsel representing writ petitioners, the learned Assistant Government Pleader for Panchayat Raj representing R.1 and Sri M.Prabhakar Rao, the learned Counsel representing R.2 and R.3.5. This writ petition is filed for a Writ of Mandamus declaring the decision of the 3rd respondent - Committee in allotting Z.P. funds for various works as mentioned in Ex.P.1 - the copy of details of works to which sanction of funds from Z.P. funds for the year 2009-10 and Ex.P.2 - the copy of details of works and funds sanctioned from RRM, the action of the 1st and 2nd respondents in implementing the said illegal decision of the 3rd respondent Committee as illegal, arbitrary, unjust and contrary to provisions of A.P. Panchayat ...


Oct 14 2009

D.Vijaya Kumar Vs. M/S.Viskan Drugs and Research Lab Ltd., Rep. by Its ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Oct-14-2009

Oral Order( Per Smt.M. Shreesha,Honble Member) Aggrieved by the order in C.D.No.1/2002 on the file of District Forum-I, Hyderabad, the complainant preferred this appeal. The brief facts as set out in the complaint are that upon the representations of the promoters of the opposite party company on 25-8-1995 and 14-9-1995 respectively, the complainant made an application for allotment of 2,500 equity shares of Rs.10/- each and remitted an amount of Rs.25,000/- towards share capital. On 16-10-1995, the opposite party allotted 2500 equity shares and promised to send the share certificates during the month of December 1995 and represented that the company would go for a public issue in the month of January, 1996 and the first phase of production would begin in the month of February, 1996. Thereafter the opposite parties did not send the share certificates as represented by them and kept postponing the matter on one pretext or the other inspite of the complainant making several requests for ...


Oct 13 2009

P. Leelavathy Vs. P. Sharada Devi @ P. Sumitra and ors.

Court: Andhra Pradesh

Decided on: Oct-13-2009

Reported in: 2010(1)ALT89

L. Narasimha Reddy, J.1. The appellant filed O.S. No. 2034 of 2005 in the Court of II Senior Civil Judge, City Civil Court, Hyderabad, against the respondents, for the relief of declaration of tide, in respect of the suit schedule property. It was pleaded that the suit schedule property, being a house comprising of ground and first floors constructed over 96 square yards of land, was acquired by the husband of the appellant and that the respondents are claiming tide and possession over it.2. The 1st respondent is the daughter-in-law of the appellant and respondents 2 and 3 are her children. The suit was opposed by them, by taking the plea that the property was acquired by the son of the appellant and that the 1st respondent has gifted the same to respondents 2 and 3. Through its judgment, dated 02-07-2009, the trial Court dismissed the suit. Hence, this appeal.3. Sri G.V. Raghava Reddy, learned Counsel for the appellant, submits that though the trial Court did not agree with the conten...


Oct 13 2009

M. China Pullaiah and ors. Vs. Secretary, Medical and Health Departmen ...

Court: Andhra Pradesh

Decided on: Oct-13-2009

Reported in: 2010(1)ALT64

ORDERVilas V. Afzulpurkar, J.1. In these writ petitions the dispute revolves around the eligibility of the rival parties to the post of Health Educator. There is also a controversy as to whether the Diploma in Health Education, which is one of the requirements of eligibility, is a post Graduate Diploma or an undergraduate Diploma and whether such Diploma by any University or Institution is sufficient for claiming the eligibility.2. The back ground facts relating to all these three writ petitions are as follows,The post of Health Educator was incorporated in Andhra Pradesh Public Health Subordinate Service under G.O. Ms. No. 72, dated 20.1.1989 and subsequently it was merged with the post of Multipurpose Health Extension Officer, but for that post Diploma in Health Education was not prescribed. The Government, thereafter, had considered the matter and separated the post of Health Educator from the post of Multipurpose Health Extension Officer and given the same scale of pay as that of M...


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