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Andhra Pradesh Court January 2010 Judgments

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Jan 28 2010

Kola Satya Rao Vs. Joint Collector and ors.

Court: Andhra Pradesh

Decided on: Jan-28-2010

Reported in: 2010(3)ALT281

ORDERC.V. Nagarjuna Reddy, J.1. This Writ Petition is filed for a Writ of Certiorari for quashing order dt.5.10.2002 passed by Respondent No. 1.2. Heard Sri Gudapati Venkateswara Rao, learned Counsel for the petitioner, and Sri M. Balasubrahmanyam, learned Counsel representing respondent Nos. 3 and 4. No one appeared for respondent Nos. 1 and 2 nor any record has been produced on their behalf.3. The petitioner is the brother-in-law of respondent No. 4 as he has married the latter's sister. The property in question was owned by one Gundu Atchanna, father-in-law of respondent No. 3 and grand-father of respondent No. 4. Prior to 1994, the name of Atchanna was existing in the revenue record as the owner and possessor of the land. After his demise, the name of the petitioner was entered in the record of rights by respondent No. 2 in the year 1994. According to the petitioner, he was brought up by Gundu Atchanna from the age of ten years and given his grand-daughter, i.e., daughter of late S...


Jan 28 2010

A. Balaram Reddy and ors. Vs. K.V. Narasimha Murthy and ors.

Court: Andhra Pradesh

Decided on: Jan-28-2010

Reported in: 2010(2)ALT818

ORDERA. Gopal Reddy, J.1. All these petitions are filed under Article 226 of the Constitution of India seeking to quash the order dated 06.02.2004 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad in O.A. No. 926 of 1997, which was disposed of by the Tribunal along with O.A. No. 1854 of 1998 filed by the 4th respondent in O.A. No. 926 of 1997.2. As all these petitions are filed against the very same order and since the parties in these petitions and the parties before the Tribunal are same, these petitions are heard together and are being disposed of by this common order.3. For the sake of convenience, the parties herein are referred to as they are arrayed before the Tribunal in O.A. No. 926 of 1997.4. Applicant before the Tribunal in O.A. No. 926 of 1997 (1st respondent in all these writ petitions) challenged the proceedings in Dis. No. 2169/96/SC dated 29.10.1996 passed by the Special Court under Andhra Pradesh Land Grabbing (Prohibition) Act, Hyderabad (hereinafter ref...


Jan 27 2010

Anamika Vs. Annamneedi Raja Sekhar

Court: Andhra Pradesh

Decided on: Jan-27-2010

Reported in: 2010(2)ALT669

ORDERB. Seshasayana Reddy, J.1. This transfer C.M.P., under Section 24 CPC, has been filed by the respondent in G.O.P. No. 443 of 2009 on the file of the District Judge, Family Court, at Visakhapatnam to transfer the said O.P to the file of Family Court, at Hyderabad.2. The petitioner and the respondent are wife and husband. They got married on 28.7.1998. They have a male child out of the wedlock on 06.12.2001. Their marriage is a love marriage and they led happy marital life till the year 2005. Some disputes cropped up between them in the year 2005 and thereupon, they fell apart. They filed O.P. No. 1064 of 2007 under Section 13-B of the Hindu Marriage Act, 1955 seeking divorce on mutual consent before the Family Court, Visakhapatnam. The marriage between them came to be dissolved with effect from 30.06.2008. The wife along with the child has been staying at Hyderabad.3. The husband filed G.O.P. No. 443 of 2009 under Section 7(1)(a) of the Guardians and Wards Act to appoint him as gua...


Jan 27 2010

Dr. Y. Madhusudhan Rao S/O Late Y. Rajlingam Vs. the State of A.P., Th ...

Court: Andhra Pradesh

Decided on: Jan-27-2010

ORDERSamudrala Govindarajulu, J.1. This petition is filed by the accused under Section 482 Cr.P.C for quashing proceedings in C.C. No. 408/2006 on the file of Chief Metropolitan Magistrate, Hyderabad relating to offences punishable under Sections 447, 420, 406 I.P.C and Section 86 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (in short, the Endowments Act).2. Subject matter of the case is property which is stated to belong to Patala Hanuman temple in Bondalguda of Bahadurpura, Hyderabad. There is no dispute that the temple is located in 650 Sq. yards of site out of S. No. 8 and T.S. No. 30. According to the Endowments department, as per their books and files, land of 5,566 Sq. yards in T.S. No. 30, Block-F, ward No. 239 of Bondalaguda village and Bahadurpura Mandal is registered in the temple's name. The petitioner claims to be owner of the temple on the ground that it is a private temple founded by their ancestors. The petitioner filed O.S. No. 3613/...


Jan 27 2010

M/S. Kistler Morse Automation Ltd and Another Vs. M/S. Coromandal Ceme ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-27-2010

Oral order : ( as per Sri Syed Abdullah, Honble Member ) The appellants are the unsuccessful Opposite parties in CD 30/2004 before the District Forum, Ranga Reddy where under an order was passed directing them to return a sum of Rs.1,36,532/- with interest at 9% 5.7.2001 till realization with costs . Aggrieved by the impugned order this appeal is filed questioning the legality and propriety of it. The facts of the case in brief are that on oral negotiations the opposite party company agreed to supply electronic weighing machine. The complainant had sent a quotation requesting OP 1 for supply of electronic belt weighers which was accepted on 19.8.99. Subsequently the OPs through letter dated 4.9.21999 had given the offer for supplying the equipment for Rs.1,65,000/- for taxes etc. A purchase order was issued in favour of OP 1 for the said equipment. As per the purchase order, delivery is to be made within three months so also that integrator Master weigher-1 with accuracy 0.05 % ( + or ...


Jan 27 2010

The Post Master Head Post Office Jagtial Post Vs. Ramadugu Ravinder

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-27-2010

Oral order : ( as per Sri Syed Abdullah, Honble Member ) This appeal is filed against the order dated 30th March, 2007 passed in CC 166/2007 by the District Forum , Karimnagar in directing opposite party to pay a sum of Rs.4,570/- towards the value of the garments sent through registered parcel from which the contents of the parcel were missing when the parcel returned back to the sender undelivered for want of correct address of the addressee. The impugned order is assailed as erroneous both on question of fact and law. The facts of the case are that the complainant had sent garments to his brother through postal registered parcel who is residing at Dubai on 08.10.2005 while so the said registered parcel returned undelivered in torn condition on 5.11.2005 and on verifying the contents of the parcel it contained pieces of clothes which was complained to the Opposite party on 27.12.2005 but there was no response at all. The act or omission is attributed as deficiency in service and ther...


Jan 27 2010

M. Eswara Prasad and Another Vs. Air Deccan, Branch Manager Ntr Airpor ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-27-2010

Oral order : ( as per Sri Syed Abdullah, Honble Member ) The appellants are the unsuccessful complainants in CD 161/2007 before the District Forum III, Hyderabad, where under, compensation claimed from the respondents/opposite parties for cancellation of Air ticket booked by them on the date of journey from Bombay to Hyderabad was dismissed Assailing the impugned order as erroneous and sought for the reliefs prayed for in the complaint. The facts of the case in brief are that the complainants are the advocates practicing at Hyderabad. In their return journey from Bombay to Hyderabad they booked Air tickets from OP on 22.6.2006 but they could not perform their journey as it was averted due to the conduct and cancellation of flight. On account of sudden cancellation, the programme of the complainants was very much defeated. Having issued valid air tickets the opposite parties have unilaterally cancelled the flight and it was cancelled even after issuing boarding pass which speaks volumes...


Jan 27 2010

Marripalli Pushpalatha Vs. A. Sudarshan Reddy

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-27-2010

The appellant is the unsuccessful complainant before the District Forum, Karimnagar in CD 197/2004 and on the dismissal of the claim filed to recover the FDR amount of Rs.10000/- due and payable by the respondent/OP Finance company after maturity date, this appeal is filed assailing the order as erroneous and sought it to be set aside. The facts of the case disclose that Opposite Party had established a finance company and invited deposits to pay double the amounts after a period of 5 years by the date of maturity. So the complainant for herself and in favour of her children had invested Rs.2000/- each for a period of 51/2 years and obtained cash receipts from the respondent/OP . According to the complainant even after 24.7.2004 Opposite Party failed to refund it which act or omission is attributed as deficiency in service. The Opposite Party even though served by the notice had remained absent, so was set exparte. During enquiry the complainants had filed Ex. A1 to A5 the respective...


Jan 27 2010

Bade Rama Krishna Reddy Vs. M/S Poshak Feeds Pvt. Ltd., Rep. by Managi ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-27-2010

Oral Order ( As per R.Lakshminarsimha Rao, Member) The unsuccessful complainant is the appellant. The appeal is challenge to the order passed by the District forum, Ongole in C.D.No.254 of 2005. The factual matrix of the case is that the complainant to eke out his livelihood by means of self employment had been running a poultry farm at B.Nidamanur. Except the poultry farm the complainant has no other source of business or income. The opposite parties used to supply feed for about four years to the date of filing of the complaint. The complainant requested the opposite parties to supply the feed S.B. concentrate. The opposite parties supplied super broiler finisher which the complainant administered to the birds in his poultry farm as a result of which the majority of birds died and the remaining birds suffered loss of weight and stunted growth. The complainant informed through letters to the opposite parties the incident and requested them to visit the poultry farm. The opposite parti...


Jan 27 2010

Ruthala Somaiah @ Someswara Rao and Others Vs. My Home Builders Pvt. L ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-27-2010

Oral Order ( As per R.Lakshminarsimha Rao, Member) These three appeals emanate from a single order passed in C.D.No.80 of 2005 by the District Forum-II, Vijayawada. The complainant has preferred F.A.No.1286 of 2006 while the opposite parties no.1 and 2 have filed F.A.No.1372 of 2008 and the opposite party no.3 has preferred F.A.No.1065 of 2009. Briefly stated the facts of the case are that the complainant paid an amount of Rs.50,000/- on 19.11.1997 towards advance for purchase of shop no.9 that was allotted to him. Subsequently the complainant paid an amount of Rs.25,000/- on 29.4.1999 and Rs.25,000/- on 29.11.2000. The opposite parties executed an agreement of sale in favour of the complainant in respect of the shop no.9 and agreed to deliver possession of the shop no.9 with all amenities and specifications mentioned in the agreement of sale. The complainant requested the opposite parties to furnish him a copy of the approved layout plan as he received information that some of the sh...


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