Andhra Pradesh Court January 2010 Judgments

Peram Venkayamma and Others Vs. Dr. P. V. Raghava Sarma, Md, Dm and An ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral order : ( as per Sri Syd Abdullah, Honble Member ) The complainants 1 to 3 are wife and children respectively of the deceased Bayyapureddy ( hereafter referred to as deceased patient) have filed this complaint claiming compensation of Rs.20 lakhs on the ground that on account of wrong diagnosis and treatment given by Opposite Parties to the deceased patient, he died and they gave a treatment for dog bite instead for snake bite. The facts as set out in the complaint are that on 16.4.2006 the deceased patient along with other farmers went to agricultural field and while returning in the evening at 5.00 PM he was bitten by a snake. After bringing him home he was taken to Nanda Hospital at Guntur for treatment but the doctor was not available so he was taken to OPs hospital for treatment appraising that the patient had snake bite. The doctors have commenced the treatment and they noted the details about the treatment given to the patient . As per the treatment details, the patient wa...

Murali D. Kanuri Vs. Debt Recovery Appellate Tribunal ors.

Court: Andhra Pradesh

Reported in: 2010(3)ALT374

ORDERA. Gopal Reddy, J.1. By filing this writ petition under Article 226 of the Constitution of India, petitioner seeks to set aside the judgment of the Debt Recovery Appellate Tribunal, Chennai in R.A. No. 15 of 2006, dated 22.09.2008 by issuing a writ of Mandamus (wrongly prays for Mandamus instead of Certiorari) as it is arbitrary, contrary to law, illegal and nonest in the eye of law and opposed to the relevant provisions of the Indian Stamp Act, Companies Act, Contract Act, Negotiable Instruments Act, Bankers Book of evidence Act etc.Facts in nutshell, which give raise to filing of this writ petition, are as under:1. M/s.Lakshmi Porcelains Limited-R4 herein (for short, 'LPL/R4') was jointly promoted by the Andhra Pradesh Industrial Development Corporation (for short, 'APIDC') as promoters and major share holders, and by the writ petitioner as a technocrat co-promoter as a joint sector venture. In all LPL had ten directors, of whom three were nominated by the APIDC and IDBI, two by...

M.V. Siva Prasad S/O. Subrahmanyam and ors. Etc. Etc. Vs. the Governme ...

Court: Andhra Pradesh

Reported in: 2010(2)ALT777

ORDERRamesh Ranganathan, J.1. As common questions of law arise for consideration, these batch of writ petitions were heard together and are now being disposed of by a common order. It is however convenient to briefly note the facts in each of the writ petitions.W.P. No. 9706 of 2008:2. The memo of the 1st respondent dated 18.04.2008 granting extension of lease of 72 days in favour of the 3rd respondent is under challenge in this writ petition. The District Collector, vide proceedings dated 04.10.2007, issued confirmation orders in favour of the 3rd respondent in respect of Lankapalli Sand Reach, Pamidimukkala Mandal, Krishna District for a period of six months upto 31.03.2008 and directed execution of the lease deed within one month. The 3rd respondent failed to execute the lease deed within time. The Government issued an order dated 07.12.2007 condoning the delay in execution of the lease deed subject to the condition that the bidder agreed to execute the lease document with retrospec...

G. Jayaprakash Vs. Smt. G. Saraswathi (Died Per L.Rs.),

Court: Andhra Pradesh

Reported in: 2010(3)ALT343

B. Seshasayana Reddy, J.1. These two appeals arise out of the common judgment dated 15-12-2006 passed in O.S. No. 4 of 1999 and O.S. No. 89 of 2001 on the file of III Senior Civil Judge, City Civil Court, Secunderabad.2. The material facts may be briefly stated as follows:Smt. Gadepalli Saraswathi and Gadepalli Shankaraiah are wife and husband. They have four sons and a daughter viz., G. Rama Rao, G. Jaya Prakash, G. Kishore, G. Vasudev and V. Lalitha. G. Shankaraiah and his four sons constituted a partnership firm in the name and style of M/s Karunasri Printers under a deed of partnership dated 14.12.1984. The partnership firm came to be reconstituted from time to time. The latest deed of partnership is dated 5.9.1994, copy of which has been exhibited as Ex.P-12. G. Vasudev, the youngest son died in the year 1997. G. Saraswathi purchased a house bearing No. 79/SRT, New Municipal No. 1-8-814, situated at Prakash Nagar, Begumpet, Secunderabad under Ex.A-1 registered sale deed dated 20.1...

T. Veera Venkata Rao S/O. Muniyya Vs. Tikkana Venkata Ramana W/O. Late ...

Court: Andhra Pradesh

Reported in: AIR2010AP88,2010(2)ALT631

ORDERA. Gopal Reddy, J.1. The plaintiff who instituted the suit in O.S. No. 834 of 2001 on the file of Principal Junior Civil Judge, Rajahmundry filed I.A. No. 3417 of 2006 seeking amendment of plaint for the relief of declaration of vested remainder rights etc. in the plaint schedule property. On dismissal of said I.A. through the order, dated 17.6.2009, the plaintiff filed the present revision to revise the same.2. The revision petitioner-plaintiff initially instituted the above suit for permanent injunction restraining the first defendant from alienating or selling away the suit schedule property to third parties and for other reliefs contending that the first defendant is the wife of father of the plaintiff by name Muniyya and they took divorce in or about 1959-60 and later Muniyya married one Tikkana Mangayamma, who gave birth to the petitioner-plaintiff. Muniyya's sister-Binde Mangayamma executed a registered settlement deed, dated 5.8.1968 in respect of the suit schedule propert...

Vuppalamritha Magnetic Components Limited Rep. by Its Managing Directo ...

Court: Andhra Pradesh

Reported in: 2010(174)LC169(AP)

ORDERV.V.S. Rao, J.1. Tejas Network Limited (Tejas), a Bangalore based company lodged an application on 11.1.2009 with Designated Authority (DA), for imposition of anti dumping duty (ADD, for brevity) on SDH (Synchronous Digital Hierarchy) equipment. They alleged that the product is being dumped from China PR and Israel (hereafter, subject countries) that the price reduction is high and that it being a domestic industry their performance deteriorated in terms of profits, return on investment, cash flow and growth besides leaving adverse impact on employment and wages. Acting on said application, DA issued initiation notification dated 21.4.2009 in terms of Rule 5 of the Customs Tariff (Identification, Assessment and Collection of ADD on Dumped Articles and Determination of Injury) Rules, 1995 (the Rules, for brevity) for investigation into the existence, degree and effect of alleged dumping of SDH equipment from the subject countries. M/s. Vuppulamritha Magnetic Components Limited, Hyd...

Nallamilli Veera Nagendra Vs. Ramisetti Veera Raghava Rao (Died) Per L ...

Court: Andhra Pradesh

Reported in: 2010(3)ALT108

ORDERA. Gopal Reddy, J.1. Petitioner-defendant by taking advantage of difference in his name in usage and in official record, put up an objection in the execution proceedings in E.P. No. 20 of 2008 which was filed for due execution of decree passed in O.S. No. 23 of 2005 on the file of Junior Civil Judge, Prathpadu contending that his name is Nallamilli Veera Nagendram and that the decree was passed against Nallamilli Nageswara Rao, and therefore, it is not binding on him.2. The lower Court by the impugned order, dated 29-11-2009 overruled the said objections and ordered the E.P. holding that the Amin served the copy of summons on the petitioner after being identified by the villagers only as Nallamilli Nageswara Rao, and that all the particulars of judgment debtor tallied with each other i.e. the documents filed by the said N. Veera Nagendra with that of particulars furnished by the decree holder in the E.P. i.e. father's name and other address particulars, and that except filing the ...

Gampa Jaya W/O. Late Mallesham and ors. Vs. M. Satya Shanker Rao S/O. ...

Court: Andhra Pradesh

Noushad Ali, J.1. This is an appeal for enhancement of compensation granted in O.P. No. 277 of 1997, dated 31-07-2000 on the file of the Motor Accidents Claims Tribunal (District Judge), (Tribunal in short) Karimnagar. The claimants are the appellants and in this appeal the parties are referred to as the claimants and respondents.2. The claimants filed O.P. No. 277 of 1997 claiming compensation of Rs. 10,00,000/- against respondents 1 to 3 with interest at the rate of 15% per annum and costs. The claimant No. 1 is the wife of the deceased Gampa Mallesham, who died in the accident on 18-06-1996. The claimants 2 to 5 are the children of the deceased Mallesham and the claimants 6 and 7 are the parents of the deceased. It appears that the claimant No. 6 Gampa Narasaiah died during the pendency of the O.P. and the claimants 1 to 5 and 7, who are the legal representatives of the claimant No. 6, were already on record.3. The brief facts are that on 18-06-1996 at about 8.00 AM the deceased was...

Lt. Col. Ajit Kumar Sukumara Pillai Vs. M/S Bantia Steel Industries Pv ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral Order ( As per R.Lakshminarsimha Rao, Member) The complainant filed the appeal being dissatisfied by the order passed by the District Forum-II Hyderabad in C.D.No. 562 of 2008 whereby the opposite party was directed to replace the set of dining table and four chairs and pay compensation , an amount of Rs.3,000/- together with costs of Rs.2,000/-. Briefly stated the facts of the case are that the appellant has been residing in Guahathi on employment with Indian Army while his wife has been residing in Secunderabad. The appellant has purchased on 2nd January,2008 a set of dining table and four chairs which were made of teak and were delivered to him on the same day on payment of an amount of Rs.24,000/-. In the delivery challan it was not mentioned that the table and chairs were made of teak wood and on being questioned the same the employee of the respondent who delivered the furniture replied that it would be mentioned in the bill that would be issued the next day which was not gi...

Kallam Subba Reddy and ors. Vs. District Collector and anr.

Court: Andhra Pradesh

Reported in: 2010(3)ALT52

ORDERC.V. Nagarjuna Reddy, J.1. This Writ Petition is filed for a Mandamus to declare the inaction of the respondents, in issuing ryotwari patta to the petitioners in respect of Ac.5-90 cents of land comprised in Survey No. 190 (old Survey No. RS.127) of Kallamvaripalem Village, Devarapalli, Krishna District, as illegal and contrary to judgment, dated 31-03-1997, in L.P.A. No. 233 of 1986.2. I have heard Sri Kuriti Bhaskara Rao, learned Counsel for the petitioners, and perused the record.3. The petitioners, who were in occupation of certain accreted lands formed on account of change of course of Krishna river, filed O.S. No. 56 of 1975 on the file of the Subordinate Judge, Vijayawada, for declaration that they have acquired legal title and also for permanent injunction restraining the State of Andhra Pradesh and its subordinates from interfering with their peaceful possession and enjoyment thereof. The said suit was dismissed, and therefore, A.S. No. 549 of 1978 was filed by the petiti...