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Andhra Pradesh Court November 2009 Judgments

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Nov 06 2009

M. Karthik, Guntur Medical College Vs. N.T.R. University of Health Sci ...

Court: Andhra Pradesh

Decided on: Nov-06-2009

Reported in: 2010(1)ALT156

ORDERL. Narasimha Reddy, J.1. An excellent performance would certainly bring laurels. However, it is not uncommon that, envy and jealousy would make their visits to the performer. While in some cases the envy is easily deflected in rare cases, it deals with a severe blow outwitting the excellent performance. The case on hand presents an instance.2. By any standard, the petitioner is an extraordinary genius. If his performance in the public examination is to be reckoned, he secured 91% in S.S.C. examination, which secured him a seat in Intermediate in a residential college, with exemption of tuition fee. He stood first in the Intermediate Public Examination, held in 2002-04, by securing 96% marks. In the Common Entrance Examination for Medical and Engineering Courses, held in that year, he secured 87th rank, and got admission in the Guntur Medical College. It is stated that his performance was the best in the Guntur District.3. After joining the MBBS course, he stood first in all the fi...


Nov 06 2009

National Insurance Co. Ltd., Rep. by Its Branch Manager, Branch Office ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Nov-06-2009

Oral Order (Per Smt M.Shreesha, Honble Member) Aggrieved by the order in C.C.No.7/2007 on the file of District Forum, Adilabad , the opposite party preferred this appeal. The brief facts as set out in the complaint are that the complainant is the owner of one Mahindra Savari Jeep and on 9.1.2006 he had given his vehicle to his driver by name A.Uttam who has driven the zeep with normal speed and the said zeep reached Muthunur village at about 11.30 p.m. and one Eicher Van being driven at high speed and in a rash and negligent manner came in the opposite direction dashed the vehicle, as a result of which the vehicle was completely damaged. Case was registered and the complainant submits that the zeep was a brand new one and it was in very good and excellent working condition as on the date of the accident and because of this accident he kept the zeep in work shop and incurred expenses of Rs.1,91,045/-. The complainant made a claim for the said amount together with copy of FIR, driving li...


Nov 06 2009

Aviva Life Insurance and Others Vs. Mr.V. Ahalada Rao

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Nov-06-2009

Oral Order (Per Smt M. Shreesha, Honble Member) Aggrieved by the order in C.D.No.125/2006 on the file of Dist. Forum-III, Hyderabad , the opposite parties preferred this appeal. The brief facts as set out in the complaint are that the complainant is a policy holder of opposite party insurance company and each premium payable is Rs.5000/- . Complainant first premium on 27.4.2004, second premium on 27.10.2004 and third premium on 27.4.2005 before the due dates. The current renewal amount of Rs.5000/- has to be paid by the complainant to the opp.parties by due date i.e. 27.4.2005 . Complainant issued a cheque bearing no.603921 dt. 5.4.2005 for a sum of Rs. 5000/- and sent it thorugh courier dt. 5.4.2005 and the said receipt was submitted in the branch office of opp.party no.1. Complainant received a letter dt.9.5.2005 requesting to pay the renewal premium before 27.5.2005 so as to avoid the lapsing of the policy for which the he replied on 1.6.2005 mentioning all the fact of payment of p...


Nov 06 2009

The Proprietor, M/S Annapurneswari Cloth Show Room and Another Vs. the ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Nov-06-2009

(R. Lakshminarsimha Rao, Member) Dissatisfied with the order passed by the District Forum Kurnool in C.C.No.133 of 2005, the complainant has filed this appeal seeking for modification of the impugned order contending that the District Forum had not considered the documentary evidence and thereby it had failed to note the statement of stock. The dispute in a narrow compass is that the appellants had claimed Rs.15,04,000/- with interest @ 12% p.a. towards damages and Rs.50,000/- towards mental agony alleging that the shops M/s Sadguru Sai Vastralayam and M/s Annapurneswari Cloth Showroomn at Pentlavalli village Kollapur Mandal Mahabubnagar District wherein the stocks and accessories in each of the shops were insured with the respondent no.1 for Rs.16 lakhs and Rs.two lakhs respectively for the period commencing from 21.7.2003 to 20.7.2004 and while so on the intervening night of 16/17.11.2003 burglary and fire accident occurred due to which the stock worth Rs.15,04,000/- was lost and da...


Nov 05 2009

Sahithi Nanda and ors. Vs. Government of A.P., Department of Higher Ed ...

Court: Andhra Pradesh

Decided on: Nov-05-2009

Reported in: 2010(1)ALT43

ORDERL. Narasimha Reddy, J.1. The Government of Andhra Pradesh felt that the opportunities for the students, hailing from rural areas, to get admission in professional courses, particularly in the Informational Technology; are inadequate, when compared to those, hailing from urban areas. With a view to remove this imbalance, and to establish a University and International Institutes of Information Technology, one each in three regions of the State, the Legislature enacted Rajiv Gandhi University of Knowledge Technologies Act, 2008 (for short 'the Act'). The objects of the University, the constitution and administration thereof are provided under the Act. As a result, three institutions at Idupulapaya, in Kadapa District, Basara, in Adilabad District, and at Nuziveedu in Krishna District ('Institutions', for short) were established with an intake of 200 students, each. The duration of the integrated course (for short 'the course') is six years. Candidates who have passed 10th Class/S.S....


Nov 05 2009

Kolishetty Venkateswarlu S/O Laxmaiah Vs. Bandaru Venkat Reddy S/O Gop ...

Court: Andhra Pradesh

Decided on: Nov-05-2009

Reported in: 2010CriLJ712

ORDERB. Chandra Kumar, J.1. This revision is directed against the order dated 16.01.2009 passed in Crl.M.P. No. 3410 of 2008 in C.C. No. 241 of 2006 by the learned Judicial Magistrate of First Class, Suryapet.2. The brief facts of the case are as follows. The de facto complainant Kolishetty Venkateswarlu reported to the police on 24.05.2005 that he got admitted his son Uttam Kumar, aged about 11 years, in Hyma Resorts for learning swimming and that he had paid a sum of Rs. 300/- for 15 days learning. On 23.05.2005 at about 6.00 PM he dropped his son at Hyma Resorts and returned to home. Again at about 7.00 PM when he went there to pick up his son, initially the coaches informed him that his son was outside the swimming pool. Then he searched the surroundings of the swimming pool and resort for his son, but he could not trace his son. Again when he insisted the coaches about his son, they dived into the swimming pool and brought out his son who was in unconscious state. He noticed that ...


Nov 05 2009

Shri Shivdatrai Educational and Charitable Trust Rep. by Its Trustee, ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Nov-05-2009

(R. Lakshminarsimha Rao, Member) The appeal is filed by the unsuccessful complainant challenging the order of the District Forum-III Hyderabad in C.D.No.574 of 2004. The facts leading to filing of the complaint are that the appellant, Sri Shivdatrai Educational and Charitable Trust had taken on hire locker no.118 on 26.7.2000 from the respondent bank having executed a deed with instructions to the respondent bank to permit any two of the four trustees who had signed the deed. The Manager of the respondent bank had not allowed the locker being operated. One of the trustees Sri Bilasrai relinquished his trust ship but he had not handed over the key of the locker by stating that it was misplaced. Therefore the appellant trust had requested the respondent to break open the locker in the presence of all the trustees. The appellant trust had got issued legal notice dated 6.4.2004 with a demand to break open the locker and make inventory of the securities kept in lock. The respondent had not ...


Nov 04 2009

G. Venkateswarlu and ors. Vs. Regional Manager, Apsrtc, Mahaboobnagar ...

Court: Andhra Pradesh

Decided on: Nov-04-2009

Reported in: 2010(1)ALT87

ORDERG. Rohini, J.1. These two writ petitions are filed with a common prayer seeking direction for payment of Stagnation Increment. Hence they are heard together and decided by this common order.2. The facts, in brief, are as under:The petitioners in both the writ petitions are the employees of the Andhra Pradesh State Road Transport Corporation. Their sendees were terminated on different dates and challenging the same, they approached the Labour Court by raising Industrial Disputes. The said Industrial Disputes were allowed and by separate awards, reinstatement with continuity of service was ordered. Pursuant thereto, the petitioners were taken into service. However they were not granted the stagnation increment to which they are entitled to as per Circular dated 3/6/1989 after completion of 12 years of service. It is alleged that the Corporation refused to take into consideration the period during which the petitioners were out of service i.e., from the date of termination till the d...


Nov 04 2009

Mohd. TajuddIn Vs. Smt. Muneerunnisa Begum and ors.

Court: Andhra Pradesh

Decided on: Nov-04-2009

Reported in: 2010(1)ALT197

B. Seshasayana Reddy, J.1. This Civil Miscellaneous Appeal is directed against the order dated 12-08-2009 passed in I.A. No. 141 of 2009 in I.A. No. 69 of 2009 in O.S. No. 2142 of 2005 on the file of the IX Additional Senior Civil Judge (FTC), City Civil Court, Hyderabad whereby and whereunder the learned Additional Senior Civil Judge allowed the application filed under Order XL Rule 1 C.P.C. appointing Sri J. Rama Mohan Rao, Advocate, as receiver to take custody/charge of the business of Janta Service Station of Petrol and Diesel and Janta Weigh Bridge.2. The appellant is the 3rd defendant in O.S. No. 2142 of 2005 on the file of the IX Additional Senior Civil Judge (FTC), City Civil Court, Hyderabad.3. For the sake of convenience, the parties herein are referred to as arrayed in the suit.4. The plaintiff filed the suit for partition and separate possession of her 4.38% share in all the suit schedule properties. More precisely, the prayer sought for in the suit reads as hereunder:A dec...


Nov 04 2009

M/S Hdfc Standard Life Insurance Co.,ltd. Rep. by Its Chairman and Man ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Nov-04-2009

Oral Order ( R. Lakshminarsimha Rao, Member) Opposite parties are the appellants. Aggrieved by the order of the District Forum-II, Vijayawada in C.C.No.38 of 2007, the appellants have filed the appeal contending that the District Forum erred in partially allowing the complaint in spite of the fact that the husband of the respondent suppressed material facts at the time of obtaining the policy and that any peculiarity of the facts of the case would be borne by hasty happening of the evidence. The husband of the respondent during his life time obtained insurance policy bearing No.10397860 commencing with effect from 29.10.2005. The husband of the respondent submitted proposal on 13.10.2005 by paying annual premium of Rs.50,000/- through cheque bearing No.505901. The proposal was accepted with the terms and conditions mentioned therein. The insured had also paid additional single premium of Rs.50,000/- in advance through cheque bearing No.505909 dated 3.11.2005. The premium was accepted ...


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