Andhra Pradesh Court July 2009 Judgments

The Collection Manager Icici Bank, Kavitha Krishna Annexure and Anothe ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral Order: D. Appa Rao, President: 1) This is an appeal preferred by the opposite parties against the order of the Dist. Forum directing them to pay Rs. 25,836/- together with compensation of Rs. 10,000/- and costs. 2) The case of the complainant in brief is that he purchased a Hero Honda motor cycle through Tata Finance Company for Rs. 48,000/-. As per the finance agreement he had to pay Rs. 8,000/- towards initial payment and Rs. 1,615/- for 25 months towards instalments. Accordingly he issued 25 post dated cheques to the finance company. The finance company collected 12 instalments by presenting the cheques. Later he was unaware as to why the remaining cheques were not encashed. While so on 14. 4. 2005 the appellant bank agent came to him and informed that it has a tie up with Tata Finance Company and demanded payment of the balance amount. The tie up agreement was not known to him. In spite of it, he paid Rs. 6,456/- towards four instalments and requested the agent to present the ...

Grama Panchayat Rep. by Its Executive Officer, Now Panchayat Secretary ...

Court: Andhra Pradesh

Reported in: 2009(6)ALT244

ORDERL. Narasimha Reddy, J.1. The first respondent filed A.T.C. No. 24 of 1996 before the Special Officer-cum-Principal Junior Civil Judge, Guntur, against the second respondent, for eviction from the agricultural land of Ac.3.24 cents in D. No. 239/2B of Vatticherukuru Village under Section 16 of the Andhra Pradesh (Andhra Area) Tenancy Act, 1956. It is alleged that the petition schedule land was leased in the year 1992 on a maktha of 17 bags payable by January of every year and that the second respondent committed default in payment of maktha for the years 1994-95 and 1995-96. The A.T.C. was preceded by a legal notice, dated 13-03-1996, got issued by the first respondent demanding the second respondent, to pay maktha. The latter issued a reply admitting the allegation as to nondelivery of maktha to the former, but pleaded that it was paid for the year 1995-96 to Gram Panchayat, the petitioner herein, under receipt. The second respondent opposed the application mostly on the grounds m...

Yerakareddy Anathareddi Vs. Smt. Durba Lakshmi Bhavani

Court: Andhra Pradesh

Reported in: 2009(6)ALT113

ORDERL. Narasimha Reddy, J.1. The petitioner filed O.S. No. 896 of 2000 in the Court of the Principal Junior Civil Judge, Vijayawada, against the respondent, for the relief of specific performance of an agreement of sale. The respondent was set ex parte, and thereafter, an ex parte decree was passed, on 07.06.2001. The respondent filed I.A. No. 1670 of 2003, under Order IX Rule 13 C.P.C., with a prayer to set aside the ex parte decree. The trial Court dismissed the I.A., through order, dated 05.04.2004. The respondent filed C.M.A. No. 67 of 2004 in the Court of I Additional Senior Civil Judge, Vijayawada. The appeal was allowed, on 30.09.2005. The order of the Appellate Court is challenged in this C.R.P.2. Sri C.B. Ram Mohan Reddy, learned Counsel appearing for the petitioner, submits that the lower Appellate Court has gone into the validity of the order, through which substituted service was permitted, and that the same is beyond the scope of the proceedings before it. He contends tha...

Boyapati Veera Raghavaiah Vs. A.P. State Financial Corporation Ltd. an ...

Court: Andhra Pradesh

Reported in: AIR2010AP17; 2009(6)ALT437

ORDERL. Narasimha Reddy, J.1. The 1st respondent filed S.F.C.O.P. No. 242 of 1999 before the Court of II Additional District Judge, Vijayawada, under Section 31 of the State Financial Corporations Act, 1951 (for short 'the Act'), with a prayer to pass an order against the assets of the 2nd respondent-Rice Mill and its Directors. It was pleaded that the 2nd respondent availed the loan facility by executing necessary documents and failed to repay the same. An amount of Rs. 4,75,34,752/- is said to have become due, as on 31-01-1999.2. The application was resisted by the petitioner and respondents 2 to 6. It was pleaded that the entire property, offered as security, was seized in exercise of power under Section 29 of the Act, and O.S. No. 120 of 1999, filed in the Court of Junior Civil Judge, Gannavaram, questioning the auction of the seized properties; was pending. An objection was also raised, as to the liability of the Directors. The trial Court allowed the O.P., through its order, date...

Dr.Smt.Vijaya Vs. Myakala Komuraiah and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

ORAL ORDER: (Per Honble Sri K. Satyanand, Member.) This is an appeal filed by opposite party against whom the District Forum passed an order imposing liability in a sum of Rs.2,00,000/- and odd payable to the complainants within a time frame. The facts of the case are briefly as follows: An young lady by name, Makala Lakshmi, who was the wife of the first complainant and daughter of second and third complainants and mother of fourth complainant was admitted into the nursing home of the opposite party on the eve of an expected confinement. The complainants alleged that at about 8.50 p.m. an operation was conducted by the opposite party and a male baby was born. Soon the mother of the baby (hereinafter referred to as the deceased) developed heavy bleeding and that the kith and kin claimed to have alerted the doctor. The doctor, however, kept herself busy with other patients and did not bestow her attention upon the patient. As a result, the patient ultimately bled to death. According to...

The Branch Manager, Lic of India, Recherla Gate, Giddalur and Another ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral order ;(per Honble Sri Justice D. Appa Rao, President) This is an appeal filed by the opposite parties against whom the District Forum passed an order directing the opposite parties to pay to the complainant the sum assured with interest and other consequential benefits. The facts that led to filing this appeal are briefly as follows: The father of the complainants aged 25 and16 years, both of whom are shown to be minors paving the way for the husband of the first complainant to foist himself as the guardian, took out an insurance policy on his life with the Life Insurance Corporation of India of which opposite parties are functionaries at two levels. The policy was taken by the father, Venkata Rami Reddy, way back in 1995. Soon Venkata Rami Reddy, father of the complainants, left home and remained at large ever since. A report was given to the Police and a case was registered as man missing. The police claimed to have made efforts to trace the said person but without success. Whi...

Kora Krishna Kumari Vs. Chaluvadi Venkateswarlu and ors.

Court: Andhra Pradesh

Reported in: 2009(5)ALT248

ORDERL. Narasimha Reddy, J.1. The 1st respondent (for short 'the respondent') filed A.T.C. No. 59 of 1992 before the Special Officer, Tenancy Tribunal (under the Andhra Pradesh (Andhra Area) Tenancy Act, 1956 (for short 'the Act') - cum - II Additional Junior Civil Judge, Ongole, for the relief of declaration that the sale deed, dated 02.12.1992, marked as Ex.B.1, executed by respondents 2 to 11 herein, in favour of the petitioner, alienating the property mentioned therein, is contrary to the provisions of the Act, and is liable to be set aside. He also claimed the relief of perpetual injunction. He pleaded that the land was leased to him by respondents 2 to 11 and that he has been the tenant of the land, for the past ten years prior to filing of A.T.C. It was also mentioned that the rent is to be enhanced to Rs. 600/-, after completion of the initial period of three years, and to Rs. 1,000/-, three years thereafter. He is said to have spent about Rs. 15,000/- for developing the land, ...

V.V. Rajendsra Prasad S/O Bhaskara Ramaiah Vs. the District Collector,

Court: Andhra Pradesh

Reported in: 2009(5)ALT328

ORDERGoda Raghuram, J.1. The writ petition is fundamentally misconceived. The petitioner is an admitted encroacher of Government land of an extent of Ac. 14.89 cents in S.Nos. 472/2, 472/3, 306 & 473 of Vakapadu village of S. Rayavaram Mandal, Visakhapatnam District. In the encroached lands, he has dug fishponds and pursuing prawn culture. The petitioner stopped prawn culture on account of a potential Naval Alternative Operating Base coming up at Ram-Billy in proximity to the encroached land. His grievance is that the Government has not paid ex-gratia for depriving him of continued occupation of encroached lands.2. The petitioner relies on a Policy of the State Government in G.O.Ms. No. 71 Energy (PR.IV) Department dt. 30.7.1998 wherein, for acquisition of lands for construction of the Simhadri Thermal Power Project, the Government accepted to pay 70% of Rs. 2.25 lakhs per acre to all D-Form Patta holders and to pay 50% of what is payable to the D-Form patta holders to other encroacher...

Akkammagari Bheemamma Vs. Akkammagari Balamma and ors.

Court: Andhra Pradesh

Reported in: AIR2009AP202; 2009(6)ALT364

ORDERL. Narasimha Reddy, J.1. The petitioner filed O.S. No. 31 of 1977 in the Court of Senior Civil Judge, Mahabubnagar, against her mother--the 1st respondent, and 15 others, for the relief of partition and, separate possession of the suit schedule properties. Eleven years, thereafter, she filed I.A. No. 606 of 1988 under sub-section (2) of Section 22 of the Hindu Succession Act, 1956 (for short 'the Act), with a prayer to enable her to exercise the right of pre-emption, in respect of an item of property sold by the 1st respondent in favour of respondent No. 16. It was alleged that the 1st respondent executed a sale deed, dated 21-1-1985, in favbur of respondent No. 16, alienating an item of property, detrimental to the interests of the petitioner. The application was opposed by respondents 1 and 16. Through its order, dated 14-9-1999, the trial Court dismissed the LA. Hence, this C.R.P.2. Heard Sri Vijay Kumar Heroor, learned Counsel for the petitioner, and Sri Section Niranjan Reddy...

T. Yogaiah Naidu and anr. Vs. Mohd. Lateefullah Shareef

Court: Andhra Pradesh

Reported in: 2009(6)ALT181

L. Narasimha Reddy, J.1. These two revisions are between the same parties, and arise out of the same suit. Hence, they are dealt with, under a common judgment.2. The respondent filed O.S. No. 638 of 2006 in the Court of the IV Senior Civil Judge, City Civil Court, Hyderabad, against the petitioners, for the relief of perpetual injunction. The subject-matter of the suit is an item of urban property. The respondent asserted title upon it, and alleged that the petitioners are interfering with his possession over it, without any basis. The petitioners, on the other hand, claimed independent title, in respect of that property, on the strength of a purchase made by their predecessor-in-title, by name Sri T. Ramaiah Chowdary, in an auction conducted by the Rehabilitation Commissioner, Mumbai (for short, 'the Commissioner').3. The petitioners filed I.A. No. 1086 of 2008, under Section 65 of the Indian Evidence Act, with a prayer to permit them to lead secondary evidence, by filing a certified ...