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Andhra Pradesh Court July 2009 Judgments

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Jul 31 2009

T. Kumar Babu Vs. Government of A.P., Law (L) Department Rep. by Its S ...

Court: Andhra Pradesh

Decided on: Jul-31-2009

Reported in: 2009(4)ALT707

C.V. Nagarjuna Reddy, J.1. The petitioner, who is an Advocate by profession, filed this writ petition assailing appointment of respondent Nos. 2 to 11 (herein referred to as the private respondents) vide G.O.Rt. No. 958, dated 16.06.2009 as Government Pleaders of this Court as being arbitrary and contrary to the Andhra Pradesh Law Officers (Appointment and Conditions of Service) Instructions 2000 (for short, 'the Instructions') published in G.O.Ms. No. 187, dated 06.12.2000.2. In his affidavit, the petitioner averred that he is an applicant for the post of Law Officer in the High Court of Andhra Pradesh, that by the impugned G.O., respondent No. 1 appointed 29 Government Pleaders for the High Court, Andhra Pradesh Administrative Tribunal, Special Court established under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 and the Andhra Pradesh State Consumer Disputes Redressal Commission, Hyderabad for a period of 3 years commencing from 16.06.2009 and that the private respondents...


Jul 31 2009

idpl Employees Cooperative House Building Society Ltd. Rep. by Its Pre ...

Court: Andhra Pradesh

Decided on: Jul-31-2009

Reported in: 2009(6)ALT43

ORDERB. Chandra Kumar, J.1. Heard the learned Counsel.2. Since all these Applications are interconnected, they are being disposed of by this common order.3. The brief facts of the case are as follows:In the suit in C.S. No. 14 of 1958 filed by one Dildarunnisa Begum and others for partition of Matruka properties of Khurshid Jah Paiga, a preliminary decree was passed on 28-06-1963. The parties in Application No. 729 of 2007 have compromised the matter out of the Court. Accordingly, they have filed a compromise memo along with a plan signed by all the parties and consequently the compromise had been recorded on 23-08-2007.4. M/s. IDPL Employees Cooperative House Building Society Ltd., Hyderabad (hereinafter referred to as 'IDPL Housing Society') had filed Application No. 728 of 2007 along with a plan showing A-schedule property to pass final decree in C.S. No. 14 of 1958 to the extent of Ac.58-00 out of out of Ac.65-00 in Sy. No. 163 of Hydemagar Village, Balanagar Mandal, Ranga Reddy Di...


Jul 31 2009

Deputy Manager (Engg.), Food Corporation of India, Engineering Divisio ...

Court: Andhra Pradesh

Decided on: Jul-31-2009

Reported in: 2009(6)ALT186

D.S.R. Varma, J.1. Heard the learned Counsel appearing for the appellants as well as Sri P.S. Narasimha, the learned Senior Counsel, representing the learned Counsel appearing for the respondents.2. This Civil Miscellaneous Appeal is directed against the order and decree, 11-10-2004, passed by the Senior Civil Judge, Gudivada, dismissing the petition O.P. No. 65 of 2000, filed under Section 30 of the Arbitration Act (Act 10 of 1940) (for brevity 'the 1940 Act') read with Section 34 of the Arbitration and Conciliation Act (Act 26 of 1996) (for brevity 'the 1996 Act'), seeking to set aside the award, dated 06-09-1999, passed by the learned Arbitrator, Justice K. Punnaiah.3. Appellants are the Deputy Manager and the Managing Director of Food Corporation of India, respectively, and the respondents are the claimants.4. The facts, in brief, are that there was an agreement entered into between the parties in connection with certain works; that the original agreement was entered into on 24-04-...


Jul 31 2009

inhabit M/S.R.K. and Company Vs. Rahul Razdan

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jul-31-2009

ORAL ORDER: (Sri K. Satyanand, Hon'ble Member .) Aggrieved by the order passed against it, the opposite party filed this appeal challenging the order of the District Forum directing it to pay Rs.45,000/- as also costs for the deficiency in service manifest in supplying a defective sofa set. As a matter of fact, this order came to be passed setting the opposite party exparte, obviously on account of its non appearance. The opposite party is a proprietorship concern. The order of the District Forum is assailed contradicting the allegation of deficiency in service and contending that the opposite party never informed the complainant that the sofa was of leather. The opposite party also mentioned that they collected only Rs.50,000/- from the complainant by giving a huge concession while its true value was Rs.90,000/-. Heard both sides. The point for consideration is whether there are any good grounds to interfere with the order of the District Forum? The basic facts attracting the jurisd...


Jul 30 2009

Kaveri Agencies Vs. Pawan Financiers

Court: Andhra Pradesh

Decided on: Jul-30-2009

Reported in: 2010(1)ALT431

ORDERP.S. Narayana, J.1. These matters are coming up for admission.2. Sri K. Sita Ram having lodged caveat on behalf of the respondent entered appearance in C.R.P. 3207 of 2009.3. The Revision Petitioner filed the Civil Revision Petition No. 3207 of 2009 i.e., defendant in the suit, being aggrieved by an order dated 15-04-2009 made in I.A. 192 of 2009 in O.S.71 of 2004, on the file of the Senior Civil Judge, Adoni.4. The said application was filed under Section 151 of Code of Civil Procedure (hereinafter in short referred to as 'Code') for the purpose of convenience, to reopen the matter. The petitioner filed another application to summon T.G. Sainath as court witness. The learned Senior Civil Judge, Adoni after referring to the respective stands taken by the parties in the light of the dismissal of the application LA. 193 of 2009 i.e., summoning of T.G. Sainath, dismissed the application in I.A. 192 of 2009 also.5. Likewise, the C.R.P. 3175 of 2009 is preferred by the self-same petiti...


Jul 30 2009

Sree Rama Apartments Welfare Association Rep. by Its President G. Rama ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jul-30-2009

Oral Order: ( Honble Justice D. Appa Rao, President) 1) The complainant moved this Commission by way of this petition u/s 27 of the Consumer Protection Act to punish the respondent builder (R1) for not complying the order of this Commission Dt. 13.9.2004. 2) The complainant is Sree Rama Apartments Welfare Association represented by its President. He alleged in his complaint that R1 the builder failed to comply the various deficiencies to be attended by it and this Commission by its order Dt. 13.9.2004 directed R1 to secure water connection from Hyderabad Metropolitan Water Works and Sewerage Board within a period of 8 weeks and further to pay Rs. 1,60,000/- towards compensation and Rs. 5,000/- towards costs besides adhering to the terms and conditions of the joint compromise agreement entered into by them on 13.7.2001. 3) Aggrieved by the said order R1 preferred W.P. No. 5839/2005 before the High Court. It was dismissed on 16.9.2005 giving four weeks time to prefer an appeal before t...


Jul 30 2009

A. Vasantha Vs. Managing Director, Sudha Finance and Another

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jul-30-2009

ORAL ORDER: (Per Sri K. Satyanand, Hon'ble Member .) This is an appeal filed by the complainant/Petitioner in P.P. assailing the order of the District Forum in P.P.No.16/2005 in C.D.No.281/2002. The facts of the case briefly stated are as follows: The District Forum passed an order in C.D.No.281/2002 dated 25-4-2004 directing the respondent No.1 (opposite party No.2 is made a party to the appeal even while stating that he was not a necessary party) to pay to the complainant an amount of Rs.11,000/- with interest at the rate of 9% p.a. from 20-5-2002 as also an amount of Rs.500/- towards costs within a period of one month from the date of receipt of its order. As the respondent did not comply with the said order by making payment to the penalty petitioner, she filed the P.P. The said petition was dismissed by the District Forum as against respondent No.2. It, however adjudicated the liability of respondent No.1 i.e. opposite party No.1 in the C.D. Opposite party No.1/respondent, therefo...


Jul 29 2009

J.L. Babu Vs. S. Gowri Shankar and anr.

Court: Andhra Pradesh

Decided on: Jul-29-2009

Reported in: AIR2009AP203; 2009(5)ALT415

ORDERL. Narasimha Reddy, J.1. The petitioner filed O.S. No. 1401 of 2007 in the Court of V Senior Civil Judge, City Civil Court, Hyderabad, against the respondents, for the relief of specific performance of an agreement of sale, dated 26.07.2004. It was pleaded that the respondents executed the agreement of sale and have received part of sale consideration under receipts, dated 26.07.2004 and 27.07.2004. The respondents filed a written statement, disputing the genuineness of the agreement of sale as well as receipts.2. The 1st respondent filed I.A. No. 1011 of 2008 under Section 45 of the Evidence Act (for short 'the Act), read with Section 151 C.P.C., with a prayer to send the agreement of sale and receipts, referred to above, for the opinion of a handwriting expert. The petitioner opposed the application, stating that it is too premature to send the documents for opinion of the expert, at that stage. It was contended that before sending the document, the Court itself may undertake an...


Jul 29 2009

Md. Adli Khan Vs. Bharat Petroleum Corporation Ltd.

Court: Andhra Pradesh

Decided on: Jul-29-2009

Reported in: 2009(6)ALT528

R. Kantha Rao, J.1. This appeal is directed against the judgment and decree, dated 30.12.2002 in S. No. 1459 of 1999 passed by the IV Senior Civil Judge, City Civil Court, at Hyderabad.2. The unsuccessful plaintiff is the appellant herein. The mother of the appellant Smt. Fateh Khatoon was the owner of the schedule mentioned premises measuring 7900 square feet situate at Goshamahal road, Hyderabad. She leased out the premises to Burma Shell Oil Storage and Distributing Company of India Limited under a registered lease deed of 1962 for a period of 20 years with an understanding that it can be renewed for a further period of ten years. Originally the rent was agreed at Rs. 650/- per month and subsequently it was enhanced to Rs. 750/- per month. After the death of Smt. Fateh Khatoon on 19.02.1987 intestate, the appellant became entitled to schedule mentioned premises under family arrangement. The ownership of the appellant was also acknowledged by the Company after the death of his mother...


Jul 29 2009

M/S.Excel Agencies, Rep. by Its Manager, Sri B. Satyanarayana Eluru Vs ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jul-29-2009

ORAL ORDER: (Per Hon'ble Sri Syed Abdullah, Member .) A memo is filed by the counsel for the appellant seeking withdrawal of the appeal by reserving his contentions against opposite parties 2 to 4. Memo is recorded. The appeal is accordingly dismissed as withdrawn. The appellant is permitted to withdraw the statutory amount by filing a competent petition....


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