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Andhra Pradesh Court June 2010 Judgments

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Jun 09 2010

Yalala Swapna Vs. the Hindustan Petroleum Corporation Ltd., Mumbai and ...

Court: Andhra Pradesh

Decided on: Jun-09-2010

This writ petition is filed for a Mandamus to declare the action of the respondents in disqualifying the petitioner's application by order dated 15.09.2009 as illegal and arbitrary. The petitioner sought for a consequential direction to the respondents to consider her application for HPCL dealership at Shabad, Ranga Reddy District. The petitioner is one of the applicants for appointment as dealer for running a retail outlet at Shabad, Ranga Reddy District in pursuance of the advertisement issued on 08.06.2009 by respondent No.1. One Smt. G. Sushmitha, who is impleaded as respondent No.3 at her instance, also applied for the said dealership. Through letter dated 15.09.2009, respondent No.2 informed the petitioner that her application was not in conformity with the conditions of the advertisement, as she has not submitted a copy of marriage certificate or an affidavit in support of her maiden name and name after marriage along with the application and that therefore her application was t...


Jun 08 2010

Korivi Chinna Poli Reddy and Another Vs. Dadiboina Guraiah

Court: Andhra Pradesh

Decided on: Jun-08-2010

The respondent filed O.S.No.308 of 2002 in the Court of Junior Civil Judge, Badvel, against he petitioners for the relief of perpetual injunction. Subsequently, the suit was amended to add the prayer of specific performance also. The petitioners pleaded that they did not execute the agreements of sale and that they do not have any right over the suit schedule property. The trial Court decreed the suit. Aggrieved thereby, the petitioners filed A.S.No.22 of 2007 in the Court of Additional Senior Civil Judge, Fast Track Court, Badvel. In the appeal, the petitioners filed I.A.No.14 of 2008 under Section 45 of the Evidence Act (for brevity 'the Act') with a prayer to send the agreements of sale dated 21/05/2000 and 27/06/2001 marked as Exs.A-2 and A-3 in the suit for expert's opinion. The respondent opposed the application. Through its order dated 19/06/2008, the lower appellate Court dismissed the IA. Hence, this revision petition. Sri V.R.Reddy Kovvuri, learned counsel for the petitione...


Jun 08 2010

M/S. Gupta Computers, Rep by Its Proprietor Sri S. Jithender Gupta Vs. ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jun-08-2010

Oral Order ( As per Sri Syed Abduallah, Honble Member) These appellants are the unsuccessful opposite parties 1 and 2 in C.C. 29/2007 before the District Forum, Ananthapur, in which, they were directed to replace with new Intel Computer in the place of demonstration model and also new Intel C.D. Writer in the place of Orchid Innovations C.D. Writer and to pay cost of Laptop Power Cord for Rs.50/-, by refunding the excess collection of Rs.505/- and Rs.501/- besides refunding of Rs.250/- collected towards installation charges etc. in total, 2,776/- with compensation of Rs.2000/- and costs. The facts of the case are that the complainant had approached first opposite party on 02.02.2006 to purchase one Intel computer and CD writer. The first opposite party is the dealer and the second opposite party is the supplier of Intel computer. The first opposite party informed that installation charges for software would not be collected. Both opposite parties 1 and 2 falsely represented that Window...


Jun 08 2010

Maneklal Agarwal Vs. the Genreal Manager and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jun-08-2010

Oral Order (As per R. Lakshminarsimha Rao, Member) The complainant is the appellant. He filed the complaint seeking direction to the opposite parties to refund the fare of train tickets amount of Rs.2,700/- with interest @ 24% per annum and Rs.5,000/- towards incidental charges. The complainant purchased eight tickets on 16.1.2007 from the opposite parties no.1 and 2 for his family members to travel in sleeper class from Alahabad Junction to New Delhi. The ticket nos. are 11508809, and 11508810. The reservation on the said tickets was said to have been confirmed. The tickets were said to have been lost and the loss of the tickets was stated to have been reported to the station master at Allahabad Junction who suggested the complainant to contact the TTE on duty in the train. The complainant along with his family members boarded the train no.2417 at Allahabad Junction on 30.1.2007 and informed the TTE who had charged him an excess fare of Rs.2,574/- in lieu of the amount mentioned in t...


Jun 07 2010

Azam Foods Products Pvt. Ltd., Rep. by Its Managing Director, Mr. Mohd ...

Court: Andhra Pradesh

Decided on: Jun-07-2010

ORDERGoda Raghuram, J.1. The Debts Recovery Appellate Tribunal (Chennai Bench) ['the DRAT'] by the order impugned dated 16.07.2008 allowed the appeal RA (SARFAESI)-49/2007, preferred by the 3rd respondent-Bank (a secured creditor) and set aside the order dated 31.07.2007 of the Debts Recovery Tribunal, Visakhapatnam ('the DRT').The chronology of facts:2. The petitioner is a private limited company incorporated under the provisions of the Companies Act 1956, engaged in the business of trading in rice. It has a factory at Gollapalli (v), Zedcherla (M), Mahabubnagar District. The petitioner availed credit facility from the secured creditor, initially in an amount of Rs. 2 crores which was thereafter enhanced to Rs. 2.5 crores, for its business. The petitioner defaulted in payment of the outstanding dues/instalments. The secured creditor by a letter dated 20.12.2004 intimated the petitioner, inter alia that its total liability on the credit account is Rs. 2,51,44,583/-; that as considerabl...


Jun 07 2010

M/S Nagarjuna Construction Company Limited Vs. Government of India, Mi ...

Court: Andhra Pradesh

Decided on: Jun-07-2010

The Circular No. 98/1/2008-ST dated 01-01-2008 issued by the 1st respondent is in challenge.The petitioner is a dealer on the rolls of the Commercial Tax Officer, Srinagar Colony Circle, Hyderabad as well as the service provider, an assessee on the file of the Commissioner of Customs and Central Excise, Hyderabad-II Commissionarate. It carries on the business of execution of civil works including construction of buildings (residential and commercial), roads, bridges, dams, electrical installations etc., throughout the country. The petitioner has been undertaking various civil works 'as a works contract'. It asserts that the works pursued by it fall within the purview of 'works contract' under the respective State enactments dealing with Sales Tax or Value Added Tax, as the case may be and further claims to be paying the taxes under the State Legislations on the material component, in accordance with the State Taxes Legislations including in Andhra Pradesh.The impugned circular issued b...


Jun 07 2010

Bezawada Dasaradharama Reddy and Others Vs. Apritavilla Flat Owners As ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jun-07-2010

(As per Sri Syed Abdullah, Honble Member) The appellants are the opposite parties 1,2 and 4 in CD 51/2004 on the file of the District Forum, Nellore against whom an order was passed directing them to hand over the rooms intended for reading room, recreation room and gym room and to provide all the amenities as mentioned in Ex. A-1 brochure, also directed to pay compensation of Rs.2,000/- with interest at 9% pa and costs. Aggrieved by the impugned order, this appeal is filed questioning the legality and propriety of it and sought it to be set side as erroneous. The brief facts of the case are that the complainant is an association of all the flat owners who formed themselves as Arpita Villa Apartments. The opposite parties are the promoters and vendors of the said apartments developed flats on plot no. 17-22, Red Lands, Dargamitta, Nellore and then sold flats to the purchasers by executing sale deeds 40 flats were built on four floors. Except two in the fourth floor, the remaining 37 f...


Jun 07 2010

Model Constructions and Others Vs. J. Jyothi Kumari and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jun-07-2010

Oral order:(Per Honble Justice Sri D. Appa Rao, President) The appellants filed a compromise memo representing that the matters were compromised wherein an amount of Rs.50,000/- was received by the complainants/respondents towards full and final settlement and therefore requested to dispose of the appeals in the light of the compromise memo. All the parties to the proceedings have signed the compromise and the complainant admitted that he has received Rs.50,000/- (Rs.25,000/- each) by way of D.D. bearing Nos.970658 dated 07-6-2010 in favour of 4th respondent and 970659 dated 07-6-2010 in favour of 3rd respondent evidenced by photostat copies of the D.Ds. In view of the full and final settlement, the appeals are disposed of in terms of the compromise. There shall be no order as to costs. N.B.Ws. issued in P.P.No.28/2009 are recalled....


Jun 07 2010

Mrs. Shamsah Arif Panjwani Vs. the New India Assurance Co. Ltd Divisio ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jun-07-2010

Oral Order (As per Sri Syed Abduallah, Honble Member) The appellant is the complainant in C.C. 355/2007 before the District Forum II, Hyderabad and filed the complaint for recovery of interest on the delayed settlement of insurance policies amount which was dismissed and aggrieved by the impugned order this appeal is filed questioning the legality and propriety of the order and sought it to be set aside as erroneous. The facts of the case disclose that one Arif Sherali Panjwani had taken three separate Janata Personal Accident Insurance policies, i.e., one for a sum of Rs.10lakhs and the other for Rs. One lakh each. The insurance coverage for the first policy was up to 30.06.2013. The second policy was for a sum of Rs. One lakhs for a period of five years which commenced from 01.03.1998 to 28.02.2003 and the third policy was for a sum of Rs. one lakh was valid up to the year 2013 from the date of the policy. These policies are accidental death policies. While so, the insured died on 0...


Jun 07 2010

K. Hari Prasad and Others Vs. M/S. Sai Krishna Constructions and Anoth ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jun-07-2010

(As per Sri Syed Abdullah, Honble Member) These petitions are filed U/s. 27 of Consumer Protection Act to pass orders forfeiting the security deposit of Rs.1,50,000/- deposited by the respondents and to direct them to pay a sum of Rs. One lakh towards balance of rentals and also to pay compensation of Rs. 5 lakhs. Separate Petitions are filed in the above PPs According to the petitioners, who are the complainants in C. D. Nos. 142, 144 and 148 of 2001, they filed the claims against the respondents to direct them for construction of flats by delivering it as per the agreement, so also, to pay the loss sustained towards rent for the delay in delivering the flats. The said complaints were allowed on 17.02.2003 in terms of joint compromise filed by both the parties. Even though, the respondents have agreed to comply with the terms but they failed to comply the same. Thus, they committed default. So the petitioners/complainants filed PP 20/2003, 22/2003 and 23/2003 before the State Commis...



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