Andhra Pradesh Court August 2009 Judgments

D. Krishnaveni and ors. Vs. Mohd. Sikander and anr.

Court: Andhra Pradesh

Reported in: 2009(6)ALT620

R. Kantha Rao, J.1. M.A.C.M.A. No. 2489 of 2007 was filed by the claimants challenging the finding of the Tribunal that the Tribunal having specifically held that the claimants are entitled for an amount of Rs. 4,06,000/- as compensation, restricted to the amount of Rs. 3,00,000/- which was actually claimed in the claim petition and that the same is not in accordance with law. M.A.C.M.A. No. 2368 of 2007 is filed by the second respondent-New India Assurance Company Limited challenging the quantum of compensation as well as the finding of the Tribunal that the appellant/insurance company is liable to pay compensation to the claimants.2. Since both the appeals arise out of the award passed by the Motor Accident Claims Tribunal-cum-7th Additional Metropolitan Sessions Judge, City Criminal Court, Nampally, Hyderabad-cum-21st Additional Chief Judge, City Civil Court, Hyderabad in O.P. No. 1242 of 2006 and the common questions of law and fact would arise for consideration, they are being dis...

Smt.P.Kiran Kumari Vs. M/S. Mahesh Rural Co-operative Housing Society ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral Order :(Per Honble Justice Sri D. Appa Rao, President) None appears for the appellant despite the fact that the matter is posted under caption of dismissal. Appeal is dismissed for non prosecution . No costs....

Dr.P. Swarup, of Swarup Eye Colony and Anothers Vs. Mohammed Ateeq Ahm ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

ORAL ORDER: (Per Sri K. Satyanand, Hon'ble Member .) These two appeals, one by the sole opposite party and the other by the complainant arise out of the same order passed by District Forum-I, Hyderabad. Hence they are being disposed of by a common order. The facts that lead to filing these appeals-one by the doctor to absolve him of the charge of deficiency in service and the other by the complainant for enhancement of compensation, are briefly as follows: The complainant claimed to have approached the opposite party for cataract operation of left eye and the opposite party agreed to perform the operation and accordingly got him admitted as inpatient on 2-9-2005 at opposite party hospital. The complainant claimed that the opposite party conducted the operation on the left eye in negligent manner and caused large hole and two small slit tears inferior to the inferotemporal vein in the left eye and there was huge bleeding and he was unable to control the same. The complainant asserted th...

Misala Lakshmi Narayana Rao Vs. M. Madhusudana Rao and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral Order :(Per Honble Justice Sri D. Appa Rao, President) The learned counsel for the respondent filed a memo said to have been served on him by the complainant mentioning that the matter was compromised and therefore he is withdrawing the appeal. At any rate the appellant is called absent . None appears for him though the matter is posted under the caption of dismissal. In the circumstances appeal is dismissed for non prosecution....

P.V. Raghavender Rao Vs. Vasavi Coop. Urban Bank Ltd. and ors.

Court: Andhra Pradesh

Reported in: 2009(7)ALT702

ORDERP.S. Narayana, J.1. This Court ordered notice before admission on 22-6-2009 and made the following interim order:The proceedings as scheduled may go on. However, no final orders shall be passed. 2. 1st respondent filed counter affidavit.3. Sri Y. Krishna Mohan Rao, learned Counsel representing writ petitioner had taken this Court through the contents of the affidavit filed in support of the writ petition and the stand taken in the Counter affidavit and would maintain that the 1st respondent never move any appropriate application for reopening the matter. However, the Co-operative Tribunal, Hyderabad ( herein after referred to as 'The Tribunal' for the purpose of convenience) had exercised suo-motu power in the light of the decision of the Apex Court in State Bank of India and Ors. v. Jaspal Kaur 2007(3)SCJ 448 and this approach adopted by the Tribunal being illegal and without jurisdiction and the same is liable to be set aside. Learned Counsel also placed strong reliance on certa...

Smt.Y.P. Vijaya Rao Vs. the Brnach Manager, Andhra Bank (652) and Othe ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

ORAL ORDER: (Sri K. Satyanand, Hon'ble Member .) This is an appeal filed by the unsuccessful complainant as the legal heir, whose insurance claim on the foot of Abhaya Gold Insurance Policy taken by her late husband was repudiated. The facts of the case are briefly as follows: The husband of the complainant was a doctor. On 14-2-2000 the deceased attended to the Primary Health Centre, Ardageri and was returning back to Kodumur on motor cycle. On the way, the deceased was attacked by some miscreants and killed. They committed theft of the wrist watch, portable radio and other valuables belonging to the deceased. After investigation, the complainant herself was suspected to have conspired to kill the deceased and a charge sheet was lodged. However, the criminal case against the complainant and others ended in acquittal. According to her , the police filed a false case at the instance of her enemies. The complainant informed opposite party No.1 orally about the death of her husband immedi...

Mayank Bohra Vs. State of A.P.

Court: Andhra Pradesh

Reported in: 2010CriLJ152

B. Seshasayana Reddy, J.1. This Criminal Appeal is directed against the judgment dated 17.10.2006 passed in Sessions Case No. 206 of 2002 on the file of the Metropolitan Sessions Judge, Hyderabad, whereby and where under the learned Metropolitan Sessions Judge found A1-Mayank Bohra guilty for the offences under Sections 302, 397, 364-A, 307, 506-Part II of IPC and 25(1B)(a) of Arms Act and convicted him accordingly and sentenced him to suffer life imprisonment and to pay a fine of Rs. 100/- for the offence under Section 302 IPC; life imprisonment and fine of Rs. 100/- for the offence under Section 364-A IPC; rigorous imprisonment for seven years for the offence under Section 307 IPC; rigorous imprisonment for seven years for the offence under Section 397 IPC; rigorous imprisonment for three years for the offence under Section 506-Part II IPC and rigorous imprisonment for two years for the offence under Section 25(1B)(a) of the Arms Act while recording acquittal of A2 Khurminal Doungel ...

Vallurupalli Jagedeeswara Rao Vs. Vytla Satyanarayana and ors.

Court: Andhra Pradesh

Reported in: 2009(5)ALT401

ORDERL. Narasimha Reddy, J.1. The petitioner filed A.T.C. No. 5 of 1982 before the Special Officer (Andhra Tenancy)-cum-Principal District Munsif, Tadepalligudem, under Section 16(1) of the A.P. (Andhra Area) Tenancy Act (for short 'the Act'), with a prayer to declare that he is the cultivating tenant, in respect of about Acs.9.00 of land, mentioned in the schedule. He pleaded that the land was owned by one Mr. Pattabhi Ramaiah, father of the 1st respondent, and he gave the same on lease, in the year 1974, on yearly rent of Rs. 900/-, per month. It was pleaded that the rents were being paid to Pattabhi Ramaiah regularly, till he died in 1978, and thereafter, his legal representatives, the respondents herein, not only refused to receive the rents, but also are trying to evict him, without taking recourse to law. The A.T.C., was opposed by the respondents by filing counters.2. Even while A.T.C. No. 5 of 1982 was pending, respondents 5 to 11 herein filed A.T.C. No. 14 of 1988 under Sectio...

Sri Sangameswara Swamy Varu, Rep. by Its Executive Officer Vs. Dokisee ...

Court: Andhra Pradesh

Reported in: 2009(5)ALT413

ORDERL. Narasimha Reddy, J.1. This revision is filed against the order, dated 09.09.2008, passed by the Court of the Junior Civil Judge, Repalle, Guntur District in E.A. No. 18 of 2007 in E.A. No. 80 of 2005 in E.P. No. 32 of 2005 in O.S. No. 32 of 1974.2. The first respondent was the tenant in respect of an extent of Acs. 1.80 cents of land in Survey Nos. 123/5 and 129/2 of Sangam Village, Vangara Mandal, Srikakulam District. He filed O.S. No. 32 of 1974 in the trial Court for the relief of declaration of his rights as tenant of the land and for perpetual injunction. The suit was decreed on 31.10.1977 and the decree became final.3. Nearly 30 years after the date of decree, the first respondent filed E.P. No. 32 of 2005 under Order 21 Rule 37 C.P.C. for arrest of the petitioner herein alleging that he tried to interfere with the possession of the land on 06.07.2005. He also filed E.A. No. 80 of 2005 for temporary injunction. An order of temporary injunction is said to have been granted...