Andhra Pradesh Court November 2009 Judgments

Employees Provident Fund Organization Rep. by Its Regional Provident F ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral Order (R. Lakshminarsimha Rao, Member) This appeal is directed against the order dated 30th day of January, 2008 passed by the District Forum-II, Visakhapatnam whereby the complaint filed by the respondent was allowed directing payment of pension from the very next date succeeding their respective dates of retirement till 17-09-2004, a sum of Rs.500/- towards compensation to each of the complainants and Rs.3,000/- towards the costs. Briefly stated the material facts giving rise to the appeal are: The respondent is Visaka Consumers Education and Service Society certain retired employees of the 5th opposite party who by virtue of stature became the members of the 1st opposite party opted for voluntary retirement from their employer, the opposite party no.5 who remitted their provident fund along with matching contribution to the opposite party no.1 and in turn the opposite party no1.assigned them Provident Fund Account Numbers. Most of such employees left their service on 31st April...

Shaik Kasim and ors. Vs. State Election Commission and ors.

Court: Andhra Pradesh

Reported in: 2010(1)ALT78

ORDERL. Narasimha Reddy, J.1. The petitioners were elected as Councillors of Jaggaiahpet Municipality, in the election held in September 2005. All of them have won the election, on the ticket issued by the Indian National Congress. They are said to have submitted resignation to the primary membership of the political party, in March, 2009.2. The Chairperson of the Municipality was elected as Member of Legislative Assembly (MLA) from jaggaiahpet Constituency. Thereby, the office of Chairperson became vacant.3. The 1st respondent issued election notification on 22-09-2008 (sic. 2009), to fill up the office of Chairperson, and the election was scheduled to take place on 30-09-2009. One Sriram Subba Rao was elected as Chairperson.4. The Presiding Officer of the Election, the 2nd respondent herein, issued notice dated 09-10-2009 to the petitioners, directing them to show cause, as to why it be not declared, that they ceased to be the Councillors, on account of their violating the whip. The ...

State of A.P. Rep. by Its Principal Secretary to Government, Municipal ...

Court: Andhra Pradesh

Reported in: 2010(1)ALT468

ORDERVilas V. Afzulpurkar, J.1. In this batch of cases, the question involved is regarding the authority of the State/Disciplinary Authority to impose penalty on a Government servant, based upon his conduct leading to his conviction on a criminal charge, as provided under Rule 25 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 (hereinafter referred to as CCA Rules). The said issue is no more res integra in view of the pronouncements of the Supreme Court in Dy. Director of Collegiate Education (Admn.) v. S. Nagoor Meera : (1995) 3 SCC 377; Union of India v. V.K. Bhaskar : (1997) 11 SCC 383; Union of India v. Ramesh Kumar : (1997) 7 SCC 514 : 1997 (5) ALT 20 (D.N); K.C. Sareen v. CBI (2001) 6 SCC 584; Haryana State Coop. Supply and Marketing Federation Ltd. v. N.K. Sharma 1997 SCC (L & S) 1766; Noida Entrepreneurs Assn. v. Noida (2007) 10 SCC 385 : 2007 (4) SCJ 839 : 2008 (1) ALT 4.1 (DNSC); apart from a Division Bench judgment of this Court in Munic...

S. Jaya Prakash Narayana Vs. the Branch Manager the Karur Vysya Bank L ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral Order (R. Lakshminarsimha Rao, Member) The unsuccessful complainant is the appellant. The appeal is challenge to the order dated 9.1.2007 passed by the District Forum, Kadapa in C.C.No.23 of 2006. The factual matrix of the case as set out in the complaint is that the complainant purchased the demand draft bearing No.103166 dated 29.04.2003 for Rs.2 lakhs in favour of M/s Bharath Recreation Club, ABN Amro Bank, Chennai, New Account and sent the same to one Mr.C.Kaleeswaran at Chennai for depositing the said D.D in the account of payee. The complainant further states that as the D.D. amount was not given credit in the new account, he approached the first opposite party bank for the issue of duplicate D.D., but the opposite party no.1 after prolonged communication addressed a letter dated 6.10.2004 stating that the amount has been paid to ABN Amro Bank and advised to contact opposite party no.2 Chennai. The complainant came to know that the D.D. was wrongly credited in another accoun...

M/S Super Enterprises Rep. by Noorali S/O Habib Bhai Vs. Asst. Enginee ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral Order (R. Lakshminarsimha Rao, Member) The appellant is the complainant. The complainant filed the appeal being dissatisfied with the order of the District Forum allowing its complaint to the extent of waiver of arrears of Rs.5,004.31 and disallowing the relief for compensation and costs as also relief for refund of the amount of Rs.2,125.80. The factual matrix leading to filing of the appeal is that the appellants father was doing footwear business which subsequently was closed and business in electrical under the name and style of M/s Super Enterprises was commenced. On 8.11.1997 the appellant complained regarding non-supply of power upon which the line man had inspected the service connection and found that the service wire was damaged due to fall of a neem tree whereon the appellant filed W.P.No.9900 of 1999 in the High Court of A.P. An application for interim relief filed in writ petition was dismissed. The appellant was paying minimum bills during disconnection period. The H...

Dr.B.Lakshman, Dr.Lakshman’s Institute of Orthopaedics Vs. A. Sus ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral Order ( As per the Smt Merla Shreesha, Member) Aggrieved by the order in C.D.No.181 of 1998 on the file of District Forum, Karimnagar, opposite party preferred this appeal. The brief facts as set out in the complaint are that the complainant was admitted in opposite party hospital on 8.8.1997 for the treatment of leg fracture and was treated upto 19.8.1997 and failed to look after her properly after the operation resulting in formation of pus and other postoperative complications. The complainant submits that on 19.8.1997 she was discharged in spite of still feeling the pain without giving a discharge certificate. Immediately, she approached Dr.B.Shankar at Jagitial after seeing her seriousness he referred her to Prof.S.Vijaya Rama Rao who in turn referred to Dr.Bixapathi at Sathya Kidney Centre and opined that 3kgs pus was formed and that jaundice had developed and also kidney problem. The complainant submits that all these complications arose only because of the negligence of th...

M. Anjaneyulu Vs. Conservator of Forest and ors.

Court: Andhra Pradesh

Reported in: 2010(1)ALT80

ORDERL. Narasimha Reddy, J.1. These writ petitions are filed by the same individual and in relation to the same subject-matter. The parties are identical in both the writ petitions. Hence, they are disposed of, through a common order.2. The 5th respondent, by name, Bikshapati, was granted saw mill licence in the .year 2002, and accordingly a mill was installed upon the land in Sy. No. 257, Yenkathala Village of Mominpet Mandal, Ranga Reddy District. The licence in his favour was renewed up to 31-12-2006. The petitioner filed an application before the Divisional Forest Officer, Hyderabad, the 2nd respondent herein, with a request to transfer the licence in his name. He stated that the 5th respondent sold the saw mill, together with the land, in his favour. Acting on the same, the 2nd respondent issued proceedings dated 09-05-2007, changing the ownership of the mill in favour of the petitioner, and renewing the licence up to 31-12-2007.3. The 5th respondent filed representation be fore t...

Ariselli Srinivasa Rao Vs. State of A.P. Rep. by Its Principal Secreta ...

Court: Andhra Pradesh

Reported in: 2010(1)ALT291

ORDERN.V. Ramana, J.1. The petitioner states that he was declared as the highest bidder for collection of Asseelu in Hiramandalam Market Yard, auctioned by respondent No. 4-Gram Panchayat for the year 2006-07 and that thereupon, he entered into an agreement with respondent No. 4-Gram Panchayat on 31-03-2006 for collecting the Asseelu. According to him, as per the provisions of Section 104 of the A.P. Panchayat Raj Act, 1994 (hereinafter referred to as 'the Act'), he is entitled to collect fee from the goods and other vehicles entering the area of Hiramandalam Gram Panchayat.2. However, he states that contrary to the provisions of Section 104 of the Act, respondent No. 4-Gram Panchayat, based on the orders dated 25-04-2003 of respondent No. 1 -Government, the orders dated 25-04-2006 of respondent No. 2-District Collector and the orders dated 01-05-2006 of respondent No. 3-District Panchayat Officer, issued orders dated 03-05-2006, directing him not to collect Aseelu/Octroi/Rusumu from t...

T.N.T.Granites, Mfrs of Slabs and Tiles Khammam, Rep. by Its Proprieto ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral Order( Smt.M. Shreesha, Honble Member) The learned counsel for the respondent present. In view of the memo dated 12-11-2009 filed by the counsel for the appellant and as the appellant is in person endorsed that he is withdrawing the appeal, the appeal is dismissed as withdrawn. There shall be no order as to costs....

R. Anuradha Vs. Beam Cable System Rep. by Its Managing Director and An ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

(Sri K. Satyanand, Honble Member) This is an appeal filed by the unsuccessful complainant assailing the order of the District Forum and seeking the relief what she prayed in the complaint. The facts of the case are briefly as follows: The opposite parties are admittedly internet service providers. The complainant secured internet connection provided by the opposite parties on 24-6-2004 by making the initial payment through a cheque. On 15-7-2004 while the complainant was using the internet at her residence, suddenly the computer exploded wiping out the whole data, the value of which according to her ran into lakhs. She, therefore, filed this complaint for damages to a tune of Rs.3,51,950/- comprising the actual damage Rs.1,11,950/- towards the value of the computers and accessories and a further amount of Rs.2,40,000/- towards loss of profit on that two projects she was allegedly working on. The opposite parties filed counter resisting the claim. They ruled out the internet service ca...