Andhra Pradesh Court June 2009 Judgments

The General Manager, District Co-op. Central Bank Ltd. Vs. P. Balaramu ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

ORAL ORDER: (Per Honble Sri Syed Abdullah, Member.) A joint memo is filed by the counsel for the appellant and respondent seeking for dismissal of the appeal as settled out of court. In the memo, the respondent has agreed to receive interest on the amount awarded at 9% instead of 12% as ordered by the District Forum and prayed for issuance of a cheque. Compromise recorded. Accordingly the appeal is dismissed as settled out of court and the respondent is permitted to file a competent petition for withdrawal of the amount. There shall be no order as to costs....

Vadlakonda Narender and ors. Vs. Station House Officer, P.S. Atmakur a ...

Court: Andhra Pradesh

Reported in: 2009(5)ALT426

ORDERC.V. Nagarjuna Reddy, J.1. In this Writ Petition, the petitioners sought for a writ of Mandamus to declare the inaction of the respondents, in granting Police Protection to them to safeguard their rights over the suit schedule property in Survey Nos. 826/A and 826/K admeasuring Ac. 1-00 gts situated at Atmakur Village and Mandal of Warangal District, as illegal and arbitrary.2. There is a civil dispute between the petitioners and respondent Nos. 4 and 5. The petitioners, evidently, filed O.S. No. 31 of 2009 for permanent injunction and Interlocutory Application No. 45 of 2009 for temporary injunction on the file of the Principal Junior Civil Judge, Warangal. A perusal of the record shows that on 07-01-2009, the Principal Junior Civil Judge, Warangal, granted ad-interim injunction till appearance of respondent Nos. 3 and 4 (sic. 4 and 5) and adjourned the case to 22-01-2009. Though the petitioners have stated that the said interim order was extended from time to time and the same i...

National Insurance Company Ltd. Vs. Union of India (Uoi), Rep. by Gene ...

Court: Andhra Pradesh

Reported in: 2009(6)ALT432

ORDERL. Narasimha Reddy, J.1. Respondents 2 and 3 filed O.A. No. 50 of 1996 before the Railway Claims Tribunal, Secunderabad, claiming compensation for loss of goods, entrusted for transport, to the Railways, the 1st respondent herein. The goods were insured with the petitioner. The insurance claim was settled by the petitioner, with respondents 2 and 3, on condition that they shall be entitled to recover the amount of compensation, that may be awarded against the 1st respondent. In the O.A., the petitioner figured as respondent No. 3. The petitioner filed I.A. No. 230 of 2002 with a prayer to transpose it, as applicant No. 3. The application was rejected by the Tribunal, through order dated 30-11-2005. The same is challenged in this C.R.P.2. Sri Kota Subba Rao, learned Counsel for the petitioner, submits that the insurance claim made by respondents 2 and 3 against the petitioner was settled during the pendency of the O.A., and on payment of the said amount, the petitioner virtually st...

The Sub-post Master Danavaipeta Post Office and Another Vs. the Jampet ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral Order: (Per Honble Justice D. Appa Rao, President) 1) These two appeals are preferred by postal department against the order of the Dist. Forum in separate C.Ds obviously in view of the fact that both matters in between the same parties pertain to same subject matter viz., payment of amount covered under Kisan Vikas Patras (KVPs). 2) The complainant a Co-operative Urban Bank Ltd., purchased two KVPs for Rs. 10,000/- on 31.8.1996 (C.D. No. 219/2005) and two KVPs for Rs. 50,000/- each on 24.10.1995 and two KVPs for Rs. 50,000/- each on 13.12.1995 (C.D. No. 235/2005). The maturity value to be paid after 5-1/2 years. After expiry of the maturity period when the amount was demanded they paid only Rs. 20,000/- as against Rs. 40,000/- and Rs. 2 lakhs as against Rs. 4 lakhs. . Despite their notice they did not pay. Therefore, it claimed the amount covered under the KVPs with interest @ 24% p.a., besides compensation of Rs. 10,000/- and costs. 3) The appellant postal department resisted ...

P.Thomas Vs. the Hcl Infosystems Ltd., Frontline Division and Another

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral Order : ( Per Smt. M. Shreesha, Honble Member) This is an appeal preferred by the complainant against the order of the District Consumer Forum-1, Hyderabad dt.23.5.2008 in directing him to hand over the computer within ten days to the respondents to determine its functioning and if there is any defect to rectify the same, and in case the defect could not be rectified replace it with a new one. The case of the complainant in brief is that he purchased a HCL computer from the dealer (opposite party no.2) manufactured by opposite party no.1 on 5.6.2007 for Rs.42,000/-. Right from the installation, the computer was not working properly. On this complaint, they have deputed service engineer, who after inspection expressed that there was defect. However, the same was not rectified. When there was no response from the respondents, he gave a legal notice on 25.6.2007 for which he did not receive any response. On that he filed the complaint for refund of Rs.42,000/- together with compensa...

Sri G.Srinivas Vs. Margadarsi Chit Fund Limited, Rep. by Its Managing ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral Order (Per Honble Sri K. SATYANAND, MEMBER) This is an appeal filed by the unsuccessful complainant before the District Forum-I, Hyderabad in C.D.No.940/2004. The facts of the case lie within a very narrow compass. The complainant claimed to have subscribed to a chit floated by the opposite party with a face value of Rs.10,00,000/- bearing No. LT 004 XL/5 which was started in the month of February,2000 and was marked to last for 50 months. The subscription was agreed to be paid in monthly instalments. The said chit was put to auction in December, 2002. The father of the complainant participated in the bid as his proxy. There was only one more bidder bearing No.35. The grievance of the complainant was no defaulted subscriber could be allowed to participate in the auction as per the agreement of chit. Inspite of the said fact, ticket No.35 holder was allowed to participate on the strength of a cheque issued by him towards the subscription although the said cheque was not encashed at...

Bhel Rep. by Its Executive Director by General Manager/Mm Vs. P.K. Gop ...

Court: Andhra Pradesh

Reported in: 2009(6)ALT26

1. The Civil Miscellaneous Appeal and the Civil Revision Petition arise out of the common judgment dated 29-10-1999 passed in O.P. No. 43 of 1993 and O.S. No. 241 of 1993 on the file of Senior Civil Judge, Sangareddy, whereby and where under the learned Senior Civil Judge made the award dated 31.7.1993 passed by the arbitrator as a rule of court while dismissing O.P. No. 43 of 1993 filed under Section 30 of Indian Arbitration Act to set aside the award passed by the arbitrator.2. In order to appreciate the controversy raised in the present proceedings, the relevant facts may be stated, in brief:Bharat Heavy Electricals Limited, Ramachandrapuram (hereinafter referred to as the employer) issued tender notice bearing No. SSO/MW/79 for the work of breaking cast iron scrap and loading the same into dumper. In response thereto, P. Gopinathan (hereinafter referred to as the claimant) offered his tender. His tender came to be accepted by the employer, which ultimately resulted in execution of ...

Martinez Montsant Joan Vs. Union of India (Uoi), Ministry of External ...

Court: Andhra Pradesh

Reported in: 2009(5)ALT120

ORDERGhulam Mohammed, J.1. The writ petitioner is Spanish National, holding passport No. X 804029. The petitioner came to India on 19-6-2006 via New Delhi on a student visa valid for a period of five years from 19-6-2006 to 18-6-2011 and got his name registered with Foreign Registration Officer, Gangtok, Sikkim and obtained a residential permit at Sikkim valid till 30-4-2007. The said permit was however, extended up to 30-4-2008. As the petitioner was residing at Sai Kailash Apartments, 7th Floor, Flat No. 701, Puttaparthy, Anantapur District, Andhra Pradesh without informing to the FRO, Anantapur about change of his residence to Puttaparthy from Sikkim and also without extending the residential permit beyond 30-4-2008 and tried to leave India on 1-6-2009 from Bangalore to Bangkok, on the above circumstances, the petitioner was charged with violation of Rules 11 and 12 of the Registration of Foreigners Rules, 1992, and para 7 of the Foreigners Order, 1948 and also under Section 5 of th...

Telecom District Manager and ors. Vs. R. Gopala Rao

Court: Andhra Pradesh

Reported in: 2009(6)ALT390

ORDERV. Eswaraiah, J.1. This writ petition is filed challenging the order of the Central Administrative Tribunal, Hyderabad (hereinafter referred to as 'the Tribunal') in O.A.1327/1994, dated 26.07.2004.2. While the respondent was working as a Junior Engineer, Bapatla, a charge was framed against him in September, 1983 for his unauthorized absence from duty from 01.05.1983 without proper permission. The enquiry was conducted and pursuant to the enquiry report dated 12.07.1984, he was dismissed from service, vide proceedings of the Director, Tele-Communications, Guntur, dated 10.08.1984. Aggrieved by the same, the respondent filed appeal before the appellate authority and the appellate authority i.e. General Manager, Telecom, A.P. Circle, Hyderabad, by order dated 01.06.1985 reduced the punishment of dismissal to that of the compulsory retirement. Aggrieved by the aforesaid orders, the respondent filed O.A. 1327/1994 and the Tribunal by order dated 26.07.2004 allowed the O.A. as under:I...

Smt.Gousiya Begum and Others Vs. the Oriental Insurance Co.Ltd. and Ot ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral Order (Per Hon;ble Sri Justice D. Appa Rao, President) Today the petitioners/complainants filed a full satisfaction memo. A cheque for Rs.46,87,628/- was issued in favour of the petitioners/complainants. In the circumstances, F.S. is recorded. E.A.No.7/2009 is dismissed....