Andhra Pradesh Court June 2010 Judgments
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C. Anuradha Vs. M/S. Abheesta Finance Company and Others
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jun-23-2010
(Per Honble Sri Justice D. Appa Rao, President) 1. Having heard the learned counsel for the appellant and having perused the record, we are of the opinion that the appeal can be disposed of at the stage of admission. 2. Appellant is the complaint. On a complaint filed by her against M/s. Abheesta Finance Company, R.1 and its partners R.2 to R.8 for recovery of the amount covered under Fixed Deposit Receipt, the District Forum after enquiry by its order dated 3.2.2006 allowed the complaint against opposite party No.1 firm, however dismissed against opposite parties 2 to 8 on the ground that the complainant could not establish that they were the partners of opposite party No.1 firm. 3. Three years thereafter the complainant filed petition under Sec.27(a) of Consumer Protection Act impleading opposite parties 2 to 8 although the complaint was dismissed against them on the ground that they were partners of the Firm. The District Forum after considering the order passed earlier dismissed ...
S.V. Subba Reddy Vs. Kurnool District and Another
Court: Andhra Pradesh
Decided on: Jun-22-2010
At the interlocutory stage, the writ petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. This writ petition is filed for a Mandamus to declare proceedings dated 25.08.2007 of respondent No.1, as illegal and arbitrary. The petitioner claims to be an active member of a political party in Allagadda and Nandyal Assembly segments and staunch follower of Ex-Parliament Member Sri B.V. Nagi Reddy. According to him, on account of the factions in the area there is imminent danger to his life and limb from the rival groups of Gangula Prathapa Reddy and B. Rampulla Reddy apart from Naxalite organizations. The petitioner narrated certain instances pertaining to hurling of bombs on the vehicle in which he was traveling in the year 1998. He also pleaded that he was granted armed licence in the year 1992 considering the threat to his life, that he was granted personal security by providing gunmen in the year 1996 and that the same was withdrawn in the...
N.Kamaraju. Vs. State of Andhra Pradesh,
Court: Andhra Pradesh
Decided on: Jun-22-2010
A Lawyer of thirty years practice is aggrieved by the State's inaction in reconstituting Telangana Regional Committee till a consensus is reached between the representatives of Andhra region and Telangana region. The petitioner is represented by a young Lawyer, Sri Ram, reminding us about undoubtful philosophy of constitution of a nation and right of the people to a peaceful governance. The young Counsel of course forgetting the limitations in exercise of judicial review passionately pleads for a direction to the State to reconstitute Telangana Regional Committee. We have heard the Counsel. The issue raised is an issue which lacks adjudicative disposition. It is axiomatic that all decisions and actions (indecisions and inactions) are not justiciable in a Court of law. Political questions or political issues occupy the highest position in the prohibited list. The Counsel in spite of our repeated query has not placed before this Court any law which obliges the State of Andhra Pradesh to ...
Lanka Vani and Another Vs. State of Ap and anr.
Court: Andhra Pradesh
Decided on: Jun-22-2010
The petitioners 1 and 2/A-2 and A-3 in C.C.No.588 of 2009 on the file of II Additional Chief Metropolitan Magistrate, Vijayawada are questioning order dated 04.01.2010 of the lower court passed therein, by which the lower court permitted filing of additional report as prayed for. Originally, on report given by the 2nd respondent/defacto-complainant, Gannavaram police of Vijayawada city registered case in Crime No.283 of 2009 for offence punishable under Section 498-A IPC against A-1 to A-3. A-1 is husband of the defacto- complainant. The petitioners 1 and 2/A-2 and A-3 are parents of A-1. After investigation, the Sub Inspector of Police, Gannavaram police station filed charge sheet against A-1 only as sole accused in the lower court. In the charge sheet/final report, it is stated that the investigating officer who is the Sub Inspector of Police caused enquiries in the neighbourhood at Visakhapatnam where the defacto-complainant lead marital life with A-1, and examined two witnesses and...
Sri D.Ananda Murthy Vs. G.Anasuyamma and Others
Court: Andhra Pradesh
Decided on: Jun-22-2010
Respondent No.1 filed O.S.No.744 of 2008 in the Court of the III Additional Junior Civil Judge, Kadapa against the petitioner and respondent Nos.2 and 3, initially, for the relief of perpetual injunction. Thereafter, the prayer in the suit was amended to be the one for declaration of title and recovery of possession of the suit schedule property. The petitioner, who happens to be defendant No.1, filed I.A.No.310 of 2009 under Order VII Rule 11 C.P.C. with a prayer to reject the plaint. Through its order, dated 10.11.2009, the trial Court dismissed the I.A. Hence, this revision.Sri L.J.Veera Reedy, learned counsel for the petitioner, submits that his client secured possession of the suit schedule property through execution of the decree in O.S.No.1108 of 2007 on the file of the very trial Court and in that view of the matter, the suit filed by respondent No.1 is barred by res judicata.The only basis on which the petitioner seeks rejection of the plaint in O.S.No.744 of 2008 is that resp...
Makkena Balaiah and Others Vs. the State of A.P
Court: Andhra Pradesh
Decided on: Jun-22-2010
1)The petitioners 1 to 5/A-1 to A-5 are accused of offence punishable under Section 306/34 I.P.C in P.R.C. No.12 of 2006 on the file of V Additional Judicial Magistrate of the First Class, Guntur. A-1 and A-5 are brothers and they are sons of A-2. A-3 is wife of A-1. A-4 is wife of A-5. Marriage of the deceased with Ramadevi (witness No.6 as per charge sheet) was performed 10 years prior to the case. It is alleged that when Ramadevi was talking with A-1, the deceased noticed the same and beat A-1 with hands and that fearing for the deceased, Ramadevi went away to some other house and that on 19.03.2006 the deceased gave petition in the police station about missing of his wife alleging that A-1 was responsible and that Ramadevi thereafter went to the police station and from there went to house of Sundaram because of fear for the deceased. It is further alleged that on 20.03.2006 A-1 to A-5 abused the deceased Venkata Rao saying that he is an impotent person and allowed his wife to have ...
Dr. Patel Raju Vs. State of Ap and anr.
Court: Andhra Pradesh
Decided on: Jun-22-2010
The petitioner is accused of offence under Section 304-A IPC in C.C.No.126 of 2005 on the file of Judicial Magistrate of the First Class, Atmakur, Kurnool District. He is working as Anesthesian in the rank of Civil Assistant Surgeon in Government General Hospital, Kurnool. He was one of the Medical Officers who attended camp for family planning button hole operations in Government Hospital, Atmakur on 29.07.2005. It is alleged that as Anesthesian, his duty to give anaesthesia to the patients and that inspite of it, he cut 5 cm on abdomen of the deceased woman with Calpal to a depth of 7.8 cm and that as skin and fat at abdomen of the deceased was of thickness of 3 cm, it resulted in causing damage to small vein resulting in haemorrhage and loss of circulation of blood to heart and that the deceased died.It is contended by the petitioner's counsel that even as per statements of V. Rajaratnam, Male Nuring Assistant, Chowtametla Ramanamma, Health Assistant who were at the medical camp, co...
Smt. M. Shobhana W/O. K.V., Satya Prabhu Vs. K. Satya Prabhu S/O. Late ...
Court: Andhra Pradesh
Decided on: Jun-21-2010
1.The petitioning wife in M.C. No.47 of 2006 on the file of Additional Metropolitan Sessions Judge for the trial of JHCBBC-cum- Additional Family Court, Hyderabad is the petitioner in this revision petition. She filed maintenance case against her husband in the lower Court in the year 2006. After four years, the lower Court mercilessly dismissed her petition on the ground that Hyderabad Court has no jurisdiction and that Secunderabad Court is having jurisdiction. This is highly improper. 2. The lower Court failed to notice basic provision under Section 126 (1) Cr.P.C. relating to procedure to be followed by a Court dealing with a maintenance case, be it a Magistrate or be it a Family Court. 3. Section 126 (1) Cr.P.C. reads as follows: "126. Procedure:-- (1) Proceedings under section 125 may be taken against any person in any district - (a) where he is, or (b) where he or his wife resides, or (c) where he last resided with his wife, or as the case may be, with the mother of the illegiti...
Kollipara Subba Rao Vs. Bheemanapalli Sreenivasa Rao
Court: Andhra Pradesh
Decided on: Jun-21-2010
Appellant is the lessee of the respondent in respect of a shop in Vijayawada town. He established jewellery shop. Mentioning that the appellant committed default in payment of rents, the respondent got issued a quit notice under Section 106 of the Transfer of Property Act (for short 'the T.P. Act'). Stating that his demand was not acceded to, he filed O.S.No.714 of 2005 in the Court of III Additional Junior Civil Judge, Vijayawada, for the relief of, a) eviction of the appellant from the premises, b) recovery of arrears of rent, from 01-11-2004 to 31-03-2005, and c) direction to the appellant to pay the damages for occupation of the premises @ Rs.4,800/- per month, with effect from 01-04-2005, till the date of delivery of premises. The appellant did not dispute the factum of his being the lessee of the premises. However, he pleaded that there are no arrears of rent, and that he is not liable to be evicted. The trial Court dismissed the suit, through its judgment dated 18-09-2006.The re...
The National Insurance Company Ltd Vs. Rena Saritha
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jun-21-2010
(Per Honble Sri Justice D. Appa Rao, President) 1. This is an appeal preferred by the opposite party against the order of the District Consumer Forum, Karimnagar, directing it to pay the amount covered under the policy together with interest and costs. 2. The case of the complainant in brief is that her husband, Rena Sarangapani, joined as a member in Mulkanoor Purushula Podupu Samithi introduced by the Mulkanoor Co-Op. Rural Bank, Mulkanoor, which had insured its Members with the opposite party Insurance Company under policy No. 551300/47/02/9601475 by paying the premium and the nominee will get a sum of Rs.50,000/- in case any member of the said Samithi died. When a wooden log accidentally fell on his right foot, he sustained injuries. Immediately he was shifted to MGM Hospital, Warangal. While undergoing treatment, he died on 19.5.2003. When the complainant lodged her claim, the Insurance Company repudiated it on the ground that no FIR or Post Mortem was submitted. Aggrieved by the...
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