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Andhra Pradesh Court December 2009 Judgments

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Dec 10 2009

Salarjung Museum and anr. Vs. Design Team Consultants Pvt. Ltd. and an ...

Court: Andhra Pradesh

Decided on: Dec-10-2009

Reported in: 2010(1)ALT435

ORDER1. This revision petition under Article 226 of Constitution of India is filed by Salarjung Museum, Hyderabad (SJM), and its Chairman. Petitioners are aggrieved by the order of the Court of Chief Judge, City Civil Court, Hyderabad, directing return of O.P. (SR) No. 5177 of 2009 filed by petitioners seeking to set aside the award dated 26.12.2008 passed by second respondent (hereafter, arbitral Tribunal) in the matter of arbitration between first respondent, namely, Design Team Consultants Pvt. Ltd., (DTCPL, for brevity) and petitioners herein.2. SJM, proposed to construct extension buildings for its museum. Be it noted that the contract of construction was entrusted to National Building Construction Corporation (NBCC). In connection thereto, DTCPL (its predecessor M/s. Design Team) was selected to design, make detailed architectural drawings and supervise the construction. The parties entered into contract/ agreement on 17.2.1991. The contract, vide Clause 5, provided payment of 4%...


Dec 10 2009

Superintendent, Government General Hospital and Others Vs. P. Moulali ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-10-2009

Oral Order : (Per Smt. M.Shreesha, Honble Member ) Aggrieved by the order in C.D.No.146/2004 on the file of District Forum, Kurnool, the complainant preferred F.A.No.1059/2007 and opposite parties preferred F.A.No.1046/2007. The brief facts as set out in the complaint are that the complainant is a 15 year old minor boy studying 9th class and on 6.6.2002 on account of stomach pain he was admitted into the Government General Hospital, Kurnool for treatment, the hospital doctors examined the patient and the opposite party no.2 conducted appendicitis operation after which the complainant went into an unconscious state and after a couple of days he came to consciousness but his hand, mouth, legs were paralysed. The neurology doctors concluded that the complications arose due to operation of appendicitis and excess dosage of anesthesia. On the advise of doctors the complainant joined in Viswabharathi Private Nursing Home, Kurnool for better treatment, but did not recover. The complainants pa...


Dec 10 2009

The Steel City Securities Limited, Rep. by Its Managing Director, Havi ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-10-2009

Oral Order ( As per R.Lakshminarsimha Rao, Member) The appeal is filed by the opposite party no.2 in C.C.No.58 of 2006 passed by the District Forum, Chittoor. The factual matrix of the complaint is that opposite party no.1 is an agent and sub-broker working under the control of opposite party no.2 and engaged in doing stock broking business in equity market, options and future at Chittoor. The complainant was holding transaction with the opposite parties under client A/c No.0350128 demat A/c No.10231478. The complainant held transaction in futures and options from 2.3.2002 to 8.6.2005 by paying a sum of Rs.70,000/- in three instalments towards margin money advance. The opposite parties fell due a sum of Rs.75,979/- till 8.6.2005 to the complainant as per the statement of accounts issued by the opposite party no.2. The opposite party no.1 had issued contract slips (transaction particulars slips) for the transactions held from 2.3.2005 to 11.3.2005 without affixing any official signatur...


Dec 10 2009

The Vice –chairman A.P. Housing Board, Gruhakalpa and Another Vs. ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-10-2009

Aggrieved by the order in C.D.No.82/2005 on the file of District Forum, Nizamabad , the opposite parties preferred this appeal. The brief facts as set out in the complaint are that upon the application made by the complainant on 13.2.2002, opposite parties have allotted H.NO. 131 MIG I Category No. 131/MIG/KNTR/E5/EE /NZB/2003 dt.22.10.2003 under phase II of notification No.122/E3/EO/02 dt.9.1.2002. Opposite parties have fixed the tentative cost of the house at Rs.3,20,000/- and the mode of payment of the said amount is in instalments . The complainant paid Rs.43,000/- on 28.1.2004 and Rs.80,000/- on 27.2.2004 being 25% cost of the house totaling to Rs.1,28,000/- towards 40% of the cost of the house excluding Rs.5000/- which is the earnest money deposit and the remaining 60% cost of the house is to be paid in 40 equal quarterly instalments with interest as per the terms of the allotment order. While so the opposite party no.1 changed mode of payment and requested the complainant to pa...


Dec 10 2009

The Branch Manager Chittoor District Vs. Smt Doramma and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-10-2009

Oral Order (R. Lakshminarsimha Rao, Member) The opposite parties are the appellant. The appeal is filed challenging the order of the District Forum, Chittoor in C.C.No.52 of 2006. The factual matrix of the case is that the respondent no.1 is the wife and respondents nos.2 and 3 are the children of Yesu who died in a road accident on 21.8.2004 in Tamil Nadu leaving behind him the respondents as his legal heirs. Yesu during his life time had a savings Bank A/c No.207906 with the appellants bank. The appellants introduced Andhra Bank Abhaya Gold Savings Scheme for coverage of risk on the life of their customers who included the husband of the respondent no.1 herein. After the death of Yesu, the respondents lodged claim with the appellant for a sum of Rs.one lakh as provided by the Andhra Bank Abhaya Gold Savings scheme. As the claim was not settled, the respondents filed the complaint alleging deficiency in service on the part of the appellants. The appellant had filed written version ad...


Dec 10 2009

Mrs.Varanasi Vasanthi Vs. Bajaj Allianz Life Insurance Co. Ltd., Rep. ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-10-2009

(Sri K. Satyanand,Honble Member) Dissatisfied with the quantum of relief she got before the District Forum, the complainant preferred this appeal obviously seeking full relief she sought in the complaint. The facts that led to filing this appeal are briefly as follows: The complainant is the nominee/widow of the insured, by name, late V.Mohan Rao. It seems the insured was a medico working as Joint Director, Health Department in the Government of Andhra Pradesh. He obtained a LIC ULP policy valid from 28-4-2007 for an amount of Rs.5,00,000/-. It seems the insured taken ill being afflicted with lung cancer technically called Non small cell carcinoma of right lung with multiple bone metastasis and ultimately died on 01-4-2008 due to the said disease. Subsequently the complainant had put up her claim to the opposite party in her capacity as a nominee and the wife of the deceased insured. The opposite parties who represent the same Bajaj Allianz Life Insurance Co. Ltd., at various levels re...


Dec 09 2009

The Chief General Manager and O, Npdcl., Warangal and Others Vs. Rehan ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-09-2009

(Sri K. Satyanand,Honble Member) This is an appeal filed by the opposite parties assailing the order of the District Forum that imposed liability against them to a tune of Rs.30,000/- with interest at the rate of 9% p.a. and also costs of Rs.1,000/-. The facts of the case stated briefly are as follows: The complainants, mother and her minor son, claimed to have visited on 4-9-2004 the house of the first complainants husbands brother by name, Mujahid Khan residing in the house bearing No. 6-1-186/A of one Pappula Ganga ram situated at Pochammawada, Jagtial, as a tenant, during the year 2003-2004. It appears the second complainant, a child of 11 years had gone to the top of the building to play with kites. There his kite was stuck up with live electric wires. He tried to retrieve his kite but soon, there was a big bang and the power was cut off. Soon the locality people came out and found that the boy caught amidst intense sparks and flames. He was thrown down on the floor inside the par...


Dec 09 2009

The Chief General Manager P and O, Npdcl., Warangal and Others Vs. Reh ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-09-2009

(Sri K. Satyanand,Honble Member) This is an appeal filed by the opposite parties assailing the order of the District Forum that imposed liability against them to a tune of Rs.30,000/- with interest at the rate of 9% p.a. and also costs of Rs.1,000/-. The facts of the case stated briefly are as follows: The complainants, mother and her minor son, claimed to have visited on 4-9-2004 the house of the first complainants husbands brother by name, Mujahid Khan residing in the house bearing No. 6-1-186/A of one Pappula Ganga ram situated at Pochammawada, Jagtial, as a tenant, during the year 2003-2004. It appears the second complainant, a child of 11 years had gone to the top of the building to play with kites. There his kite was stuck up with live electric wires. He tried to retrieve his kite but soon, there was a big bang and the power was cut off. Soon the locality people came out and found that the boy caught amidst intense sparks and flames. He was thrown down on the floor inside the par...


Dec 08 2009

Sisiragiri Agro Farms Pvt. Ltd. and ors. Vs. Union of India (Uoi), Min ...

Court: Andhra Pradesh

Decided on: Dec-08-2009

Reported in: 2010(1)ALT1

ORDERL. Narasimha Reddy, J.1. The petitioners were issued notices dated 15-9-2009 by the Adjudicating Authority under Prevention of Money Laundering Act, 2002 (for short 'the Act') third respondent herein, directing them to appear on 5-11-2009. This was in relation to the proceedings that came to be initiated on the basis of a complaint submitted by the Deputy Director, Directorate of Enforcement/fourth respondent herein. The basis is the proceedings instituted against Mr. B. Ramalinga Raju and others of M/s. Satyam Computers & Services Limited.2. The grievance of the petitioners is that the notices are not clear as to the nature of the allegations made against them. It is alleged that though the proceedings can be instituted before the third respondent against the persons who are guilty of the offence under Section 3 of the Act or those who are in possession of proceeds of the crime, nothing is stated in this regard and they are handicapped in the matter of framing their defence.3. He...


Dec 08 2009

Loyala School Rep. by Its Principal Vs. Megha Kumar and anr.

Court: Andhra Pradesh

Decided on: Dec-08-2009

Reported in: 2010(1)ALT556

ORDERV.V.S. Rao, J.1. The petitioner is defendant in O.S. No. 42 of 2009 on the file of the Court of the V Senior Civil Judge, City Civil Court, Hyderabad. The suit was filed by respondents for recovery of possession of suit schedule property and for past and future mesne profits as well as compensation for use and occupation of suit schedule property, which is a house situated at Vijayanagar Colony, Hyderabad, wherein the petitioner is running Loyola School. The petitioner filed application being I.A. No. 415 of 2009 under Section 8(1) of Arbitration and Conciliation Act, 1996 (the Act, for brevity) to refer the dispute to arbitration in terms of Clause 11 of the rental agreement dated 27-6-1994 executed by and between Mrs. Manju Kumar and the petitioner herein. The said application was dismissed by the Court below on 18-8-2009. Aggrieved by the same, defendant filed the present revision petition under Article 227 of Constitution of India.2. The brief background facts are as follows. ...


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