Andhra Pradesh Court June 2010 Judgments
M/S. Prakash Arts. Vs. Mohammed Rafiuddin.
Court: Andhra Pradesh
Decided on: Jun-30-2010
The respondent is the owner of an extent of Acs.4.03 guntas of land in survey No.181 of Shamshabad Village and Mandal, abutting the National Highway. The petitioner is an advertising agency. It approached the respondent to grant licence for erection of unipole hording on his land. Both of them, agreed for terms of licence, and through agreement, dated 11.03.2008, the consideration was agreed to be Rs.19 lakhs per annum payable in monthly instalments, after deducting the income tax at source. Enhancement thereof is provided at 5%, per annum. Disputes arose between the parties. The petitioner issued a notice, dated 10.04.2009, terminating the licence, on the ground that the visibility of the hording is seriously hampered.The respondent filed O.S.No.313 of 2009 in the Court of IV Additional District Judge, Ranga Reddy District, for declaration that the termination of the lease by the petitioner is untenable and for consequential benefit, such as, recovery of arrears of rents. He has also ...
Tag this Judgment!M/S. Prakash Arts. Vs. Mohammed Rafiuddin.
Court: Andhra Pradesh
Decided on: Jun-30-2010
The respondent is the owner of an extent of Acs.4.03 guntas of land in survey No.181 of Shamshabad Village and Mandal, abutting the National Highway. The petitioner is an advertising agency. It approached the respondent to grant licence for erection of unipole hording on his land. Both of them, agreed for terms of licence, and through agreement, dated 11.03.2008, the consideration was agreed to be Rs.19 lakhs per annum payable in monthly instalments, after deducting the income tax at source. Enhancement thereof is provided at 5%, per annum. Disputes arose between the parties. The petitioner issued a notice, dated 10.04.2009, terminating the licence, on the ground that the visibility of the hording is seriously hampered.The respondent filed O.S.No.313 of 2009 in the Court of IV Additional District Judge, Ranga Reddy District, for declaration that the termination of the lease by the petitioner is untenable and for consequential benefit, such as, recovery of arrears of rents. He has also ...
Tag this Judgment!Yempalakula Vijaya Lakshmi Vs. Kadapa and Others
Court: Andhra Pradesh
Decided on: Jun-30-2010
The appellant filed O.S.No.633 of 2001 in the Court of the III Additional Junior Civil Judge, Kadapa for the relief of declaration of title and perpetual injunction in respect of Ac.0.32 cents of land bearing D.No.3/328-2A of Kadapa Town on Kadapa-Renigunta road. She pleaded that the suit property and the vast extent of surrounding land is owned by the Government and her mother raised a small hut, brought into existence, a hotel in the year 1969, and after her death, she has been continuing in possession and enjoyment of the same. She further pleaded that Kadapa District N.G.Os Cooperative House Building Society Limited, respondent Nos.1 and 2 herein, through its office bearers, made claim for it, issued a written notice requiring her to remove the structures and threatened to demolish the hut, etc. The declaration of title was based upon the plea of adverse possession. The suit was mainly opposed by respondent Nos.1 to 4 (for short 'the respondents'). They pleaded that an extent of A...
Tag this Judgment!Telangana Rastra Samithi Vs. Union of India, and Others
Court: Andhra Pradesh
Decided on: Jun-30-2010
The decision of Election Commission of India (ECI) not to hold bye- elections to 28-Vemulawada and 29-Sircilla Assembly Constituencies in State of Andhra Pradesh is in challenge in this writ petition filed by Telangana Rastra Samithi (TRS). The case involves a constitutional question of significance in the matter of bye-elections to casual vacancies in State Legislative Assembly. Election Commission of India (ECI - second respondent herein) contends that bye- election to a casual vacancy cannot be conducted even if a seat has become vacant under Article 190(3)(b) of the Constitution of India, so declared by Notification by the Speaker of the Assembly under Section 150 of the Representation of the People Act, 1951 (RP Act, for brevity). ECI would sustain such an argument from the pendency of Election Petition under Section 80 read with Sections 100 and 101 of RP Act challenging the election of a Member of House of Legislature, who subsequently submitted his resignation. They rely on D....
Tag this Judgment!Apollo Hospital, Vikaram Puri, Secunderabad and One Another Vs. Kumar ...
Court: Andhra Pradesh
Decided on: Jun-29-2010
This Writ Petition has been filed in the nature of writ of Certiorari calling for the records relating to the impugned order dated 29.8.2009 passed by the A.P. State consumer Redressal Commission, Hyderabad in R.P.No. 32 of 2009 in confirming the order dated 8.4.2009 in I.A.No. 529 of 2008 in C.D. No. 67 of 2001 passed by the District Consumer Redressal Forum-I, Hyderabad and quash the same as illegal. Brief facts of the case are that both the petitioners are Apollo Hospital, Vikram Puri, Secunderabad and Apollo Hospital, Jubilee Hills, Hyderabad respectively. Their case is that the first respondent T.S. Anand Kumar, S/o Late Mr. V.T.S. Murthy has filed C.D.No. 67 of 2001 before the District Forum-I, Hyderabad alleging medical negligence and deficiency in medical service against respondents 3 to 5 herein and the said C.D. was dismissed on 7.1.2004. Aggrieved by the said order, the first respondent herein filed F.A.No. 130 of 2004 before the A.P. State Consumer Redressal Commission, Hyd...
Tag this Judgment!Chinta Vijaya Kumar Reddy Vs. Yerraguntla, Kadapa District and ors.
Court: Andhra Pradesh
Decided on: Jun-29-2010
1.This Writ Petition has been filed by Chinta Vijaya Kumar Reddy with a prayer to issue any writ, order or direction, more particularly, one in the nature of writ of Mandamus declaring the action of the respondents 1 to 4 in permitting the respondents 5 and 6 to shift their business premises near to the business premises of the petitioner at Appaipally X Roads, Kamalapuram, Kadapa District, s arbitrary and illegal.2.The Collector and District Magistrate, Kadapa, issued notification on 27.05.2010 calling for tenders for the lease period from 01.07.2010 to 30.06.2012 in respect of various shops situated in Kadapa District. The petitioner submitted tender for Shop No.1 of Kamalapuram and he became the highest bidder having offered Rs.96,00,000/-. Respondents 5 and 6 also participated in the auction and became the highest bidders for Shop Nos.2 and 3 respectively of Kamalapuram. The 5th respondent became the highest bidder for Shop No.2 having offered Rs.95,22,999/-. The 6th respondent bec...
Tag this Judgment!The Union of India, Through Secretary Vs. Ministry of Home Affairs, Ne ...
Court: Andhra Pradesh
Decided on: Jun-29-2010
This writ petition has been instituted by a constable attached tothe Central Industrial Security Force (for short `CISF') seeking for adeclaration that the order passed by the 2nd respondent, the Director General ofthe CISF on 24.1.2003 as illegal and consequently to direct the respondents totreat the intervening period from 30.10.1980 to 19.3.1997 as continuation ofservice rendered by him and for payment of backwages. The facts which are relevant for our inquiry are these: The writ petitioner was appointed as a constable/security guard in the CISF on 17.1.1970. He was subsequently promoted as a Head Constable in August 1978. While he was on duty at the LPG plant of the Indian Oil Corporation Unitat Baroda in the State of Gujarat between 13 Hours to 21 Hours on 21.12.1979, at ruck bearing Registration No. RSB 969 which brought 350 empty cylinders and was to carry equal number of filled in cylinders, was subjected to a check by the officers of the CISF at Gate No. 10 of the plant. They...
Tag this Judgment!Zulfeqar Hussain, S/O.Anwar HussaIn Vs. Margadarsi Chit Fund Limited a ...
Court: Andhra Pradesh
Decided on: Jun-29-2010
1.Aggrieved by the order dated 18.01.2010 passed in I.A.no.1833 of 2009 in O.S.No.3802 of 2008 by the III Junior Civil Judge, City Civil Courts, Hyderabad, the petitioner filed the present Civil Revision Petition, under Section 115 of Code of Civil Procedure, 1908, to set aside the said order. 2.The brief facts of the case are as follows: The first respondent herein is a chit fund company of which the petitioner became a member of chit for Rs.1,00,000/-. He became successful bidder and received chit amount after foregoing a part of it, i.e., about Rs.40,000/-. Learned counsel for the petitioner submits that the petitioner sustained loss in his business as one of the mulgies in which he was doing business was demolished under Land Acquisition proceedings and in the above circumstances, he could not pay monthly instalments of the chit. It is not in dispute that the first respondent filed O.S.No.3802 of 2008 in the Court of the III Junior Civil Judge, City Civil Courts, Hyderabad, for rec...
Tag this Judgment!The Oriental Insurance Co.Ltd Vs. M/S. Sai Boda Hotels, Rep. by Its Ma ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jun-29-2010
(Per Honble Sri Justice D. Appa Rao, President) 1. This is an appeal preferred by the Insurance Company against the order of the District Consumer Forum-III, Hyderabad awarding Rs.3,80,000/- towards damage to the compound wall together with compensation of Rs.20,000/- and costs of Rs.2,000/- 2. The case of the complainant in brief is that it was a proprietary concern doing small business and insured the premises for Rs.1,25,000/- vide Ex.A.1 Standard Fire and Special Perils Policy for the period commencing 10.02.2005 to 09.02.2006. While so, on 25.04.2005 due to the thunderstorm and rain the compound wall of the building was collapsed and he sustained a loss of Rs.3,80,000/- which was assessed by the surveyor, G.Rama Murthy. When he made claim, it was repudiated by letter dated 23.05.2006 on the ground that the compound wall was not covered by the terms of the policy. Thereupon, he filed the complaint claiming Rs.3,80,000/- together with interest, compensation and costs. 3. The Insura...
Tag this Judgment!M/S. Padmaja Constructions and Another Vs. Smt. Tandur Suguna
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jun-29-2010
(As per Sri Syed Abdullah, Honble Member) Being aggrieved by the order dated 12.06.2007 passed in PP 02/2007 in C.C. No. 16/2006 on the file of the District Forum, Mahabubnagar sentencing the respondent to undergo rigorous imprisonment for a period of one year. The respondent/complainant in CC 16/2006 has filed PP 2/2007 alleging that the appellants failed to comply with the directions to complete the works as per the agreement and hand over the flat no. 306 in a living condition on or before 18.12.2006 and pay interest @ 8% on a sum of Rs.3,20,000/- and at 18% pa on Rs.1,95,000/- from 01.03.2006 till handing over the flat. Further directed to pay court expenses of Rs. 1000/- and costs. It is further stated by the respondent/complainant that he took possession of the flat no. 306 on 17.12.2006 and offered to pay a sum of Rs. 20,640/- to the second opposite party but he refused to accept the same. Though the flat was delivered the main door was not fixed, so also, internal seven doors ...
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