Andhra Pradesh Court July 2009 Judgments

Vora Towers Welfare Association Vs. Janatha Industrial Foundry Works a ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

K. Satyanand, Member: Oral: This is a complaint filed by M/s.Vora Towers Welfare Association alleging deficiency in service on the part of the opposite parties of whom 1 to 6 are the land owners and 7 and 8 were the builders. The facts of the case stated briefly are as follows: The complainant association was formed in the year 2004 and was duly registered under the Societies Registration Act. The building complex in question consisted of 8 blocks, A, B, C, D, E, F, G and H with 9 floors including the ground comprising 64 flats. The said complex was initially built in part by Mr.Vasanth Roy Vora, opposite party No. 2, who represented M/s. Janatha Industrial Corporation (India) renamed as M/s. Janatha Industrial Foundry Works, opposite party No. 1. Apposite parties 3 to 6 are his brothers and sisters. They were in fact the owners of the entire extent of the land upon which the complex was planned. After the construction reached to a certain level, opposite parties 7 and 8 joined the sai...

M. Swarna and anr. Vs. State Bank of India, Warangal Branch and ors.

Court: Andhra Pradesh

Reported in: 2009(5)ALT596

L. Narasimha Reddy, J.1. The 1st respondent filed O.S. No. 87 of 1997 against respondents 2 to 6 for foreclosure of mortgage. The outstanding liability was Rs. 3,59,180/-. A preliminary decree was passed on 19-06-1998. This was followed by a final decree dated 27-09-2001 in I.A. No. 344 of 1999. E.P. No. 30 of 2001 was filed to bring the mortgaged property, i.e. Ac.4.11 guntas of land in Sy. No. 62/AA2 of Gouraram Village to sale. In the auction held on 01-03-2006, the 7th respondent emerged as the highest bidder, for Rs. 10,47,375/-.2. The appellants filed EANo.17 of 2006, under Rules 89 and 92 of Order XXI C.P.C. They pleaded that the schedule property was purchased by them on 27-02-2004 from respondents 3 to 6, and that they did not have the knowledge of the mortgage, created by their vendors. They made a deposit of 5% of the decretal amount, and have taken out a demand draft for Rs. 3,59,180/-, which was payable under the decree to the 1st respondent i.e. the decree-holder, and fil...

V. Bhavani Vs. Manabala Bangaraju and ors.

Court: Andhra Pradesh

Reported in: 2009(5)ALT626

L. Narasimha Reddy, J.1. These four miscellaneous appeals, under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act), and the revision, under Article 227 of the Constitution of India, are filed against the orders passed by the Motor Accidents Claims Tribunals, in different claim petitions. Their common feature is that they arise out of O.Ps., filed in relation to one, and the same accident. The appeals and revision are filed by the owner of the vehicle.2. The relevant facts, in brief, are that, O.P. Nos. 1761, 1762 and 1763 of 2003 were filed before the Motor Accidents Claims Tribunal-cum-III Additional District Judge, Visakhapatnam, by the respective claimants, stating that, they have received injuries, in an accident that took place, on 15.10.2002, involving the tanker, bearing No. AP 35 P 2534, owned by the appellant herein and insured with M/s. United India Insurance Company Limited. O.P. Nos. 1248 of 2004 and 890 of 2006 were filed in the Court of Motor Accidents Clai...

L.G. Polymers India Private Limited Vs. District Registrar-cum-collect ...

Court: Andhra Pradesh

Reported in: AIR2010AP11; 2009(6)ALT262

ORDERL. Narasimha Reddy, J.1. The petitioner presented a sale deed dated 10-07-1987, for registration before the Sub-Registrar, Gopalapatnam, Visakhapatnam District. Stamp duty of Rs. 2,60,00,200/- and registration fee of Rs. 10,50,250/- was paid by taking the value of the property at Rs. 21 crores. The Sub-Registrar took the view that the market value of the property is Rs. 95,86,01,000/-, and on that basis, came to the conclusion that the stamp duty and registration fee would be Rs. 12,25,32,860/-, and Rs. 47,93,255/-, respectively. When the petitioner did not pay the differential amount, the registration of the document was kept pending, and the matter was referred to the Collector, the respondent herein, under Section 47-A of the Indian Stamp Act (for short 'the Act').2. Through order dated 25-07-2007, the respondent decided that the petitioner is liable to pay a sum of Rs. 10,23,60,935/- towards deficit stamp duty and registration charges. Aggrieved thereby, the petitioner filed C...

Manohar Lal Sharma Vs. Union of India (Uoi) and anr.

Court: Andhra Pradesh

Reported in: [2009]152CompCas412(AP)

V.V.S. Rao, J.1. The miscellaneous application is filed under Section 5 of the Limitation Act, 1963, praying this Court to condone the delay of 43 days in filing the appeal under Section 10F of the Companies Act, 1956.2. This Court ordered notice to the respondents, namely, Union of India and Satyam Computer Services Ltd. (hereafter called 'Satyam'). After receiving notice the Union of India appeared through the Solicitor General and Additional Solicitor General. A formal counter affidavit is not filed, but the learned Solicitor General made submissions opposing the application.3. The brief fact of the matter, necessary for appreciating the controversy is as follows. On an application filed by the Union of India under Sections 388B, 397, 398, 402 and 408 of the Companies Act, being Company Petition No. 1 of 2009, the Company Law Board (CLB), Principal Bench, New Delhi, by an order made on January 9, 2009 (Union of, India v. Satyam Computer Services Ltd. [2009] 148 Comp Cas 252), suspen...

Sirima Narasimha Rao Etc. Vs. State of A.P.

Court: Andhra Pradesh

Reported in: 2010CriLJ769

B. Seshasayana Reddy, J.1. These three Criminal Appeals are directed against the judgment dated 10th January, 2008 passed in S.C. No. 242 of 2004 on the file of X Additional Sessions Judge (FTC) of Guntur at Narasaraopet, whereby and where under the learned Additional Sessions Judge found A1-Kalli Veera Rajeswari alias Chinna, A2-Manepalli Bala Koteswara Rao alias Bala alias Balaiah, A3-Manepalli Subbarao, A4 -Sirima Narasimha Rao and A5-Timirisa Krishna Prasad guilty for the of-fence under Sections 120-B r/w 34, IPC and Section 302 r/w 34 IPC and convicted them accordingly sentenced A1 to A5 to suffer RI for two years and pay a fine of Rs. 5,000/- in default to suffer. SI for one month each and. A1 to A4 to suffer imprisonment for life and pay a fine of Rs. 5,000/- in default to suffer. SI for two months each for the offence under Section 302 r/w, 34, IPC and A5 to suffer imprisonment for life and pay a fine of Rs. 1,000/- in default to suffer SI for one month for the offence under Se...

Faruqi Multi Speciality Hospital Rep. by Its Partner Dr.Mrs.Naveed Sir ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral Order: K. Satyanand, Member: This is a consumer complaint filed by a Multi Speciality Hospital against A.P.TRANSCO alleging that the later was guilty of deficiency in service in the following circumstances. The complainant was taking the service of supply of electricity from the opposite party under service connection Nos.X2-4641/II and X2/4630-II. The opposite party, obviously after making an inspection and preparing inspection notes and inspection report, issued an initial assessment notice requiring the complainant to pay a huge sum of Rs.10,00,000/- and odd towards the value of energy pilfered by the complainant. According to the complainant, the allegation of pilferage of electricity was baseless and at no point of time the inspecting officers had ever complained of any defects in the meters or any other illegal activity indulged in by the complainant. The complainant also contended that the maintenance contract was given to a contractor, who was also incharge of the electric...

The Secretary to Govt. Agrl. and Cooperation Dept., Govt. of A.P. and ...

Court: Andhra Pradesh

Reported in: 2009(6)ALT76

V. Eswaraiah, J.1. The sole respondent filed O.A.2807/1996 on the file of the Andhra Pradesh Administrative Tribunal (hereinafter referred to as 'the Tribunal') seeking declaration that he is entitled to be appointed by transfer as Deputy Executive Engineer under G.O. Ms. No. 758 General Administration (Service-D) Department dated 30.10.1976 from the date of his eligibility in the existing vacancies under the reservation quota with all consequential benefits. The said O.A. was disposed of by order dated 10.07.1997 directing the respondents therein i.e. the Secretary to Government, Agriculture and Cooperation Department, and the Commissioner and Director of Marketing, Government of Andhra Pradesh, Hyderabad who are the writ petitioners herein to consider the case of the respondent/applicant for promotion/appointment by transfer to the post of Deputy Executive Engineer in the Central Marketing Fund Service, if there are vacancies of Deputy Executive Engineers as asserted by the responden...

Prof. B.C. Venkata Reddy Vs. the Executive Engineer (Housing) A.P. Hou ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral Order: (Per Honble Justice D. Appa Rao, President) Appellant is unsuccessful complainant. 2) The case of the complainant in brief is that the respondent housing board ( the board) took up the construction of houses at Tirupathi where plot area of MIG houses is 300 sq.yds, plot area of LIG houses is 200 sq.yds. The board took up the construction of 25 MIG, 12 LIG-I and 18 LIG-II houses under phase-III in the year 1982 with the plot area of 200 sq. yds. The complainant was allotted MIG-40 at Rs. 65,500/- after taking initial deposit of Rs. 1,000/-. The plot area under MIG houses was 300 sq.yds. He took possession of the house MIG-40 built in plot No. 25 on 7.1.1989. In the year 1993 the board fixed the final cost of the MIG houses at Rs. 1,21,800/- but on his representation it was reduced to Rs. 96,900/-. After payment of the amount, he requested to register the house. However, the board observed that he was holding excess land of 98 sq.yds and that he encroached it in the year 199...

Sanjana Enterprises Rep. by Its Prop. T. Rakesh Singh and ors. Vs. Gin ...

Court: Andhra Pradesh

Reported in: 2009(6)ALT462

ORDERL. Narasimha Reddy, J.1. The respondent filed O.S. No. 57 of 2001 in the Court of I Additional Chief Judge, City Civil Court, Secunderabad against the petitioners for recovery of about Rs. 10,00,000/- on the strength of a khata said to be existing between the parties. The trial of the suit commenced. During the course of his evidence, the respondent intended to rely upon a document dated 16.08.2001, through which the petitioners are said to have acknowledged the debt, and provided for the arrangement to claim the same in the event of default. The petitioners raised an objection as to the admissibility of the document. The objection was sustained. Thereupon, the respondent filed C.R.P. No. 3215 of 2007 before this Court. The C.R.P. was allowed on 21.09.2007 and the trial Court was directed to pass a reasoned order. It is in this context that the trial Court passed an order, dated 07.03.2008 after hearing both the parties. The learned Judge took the view that the document is more of...