Andhra Pradesh Court July 2010 Judgments
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Maduri Rajeswar S/O. Late Krishnaiah and Others Vs. Molugu Srinivasulu ...
Court: Andhra Pradesh
Decided on: Jul-30-2010
1.The first petitioner is a partnership firm. It was established in the year 1971 and was reconstituted on 08-01-1980. Petitioners 2 and 3 and respondents 1 to 3 are its partners. Disputes arose between the partners of the firm. They were referred to an Arbitrator in the year 1992. The Arbitrator passed an award dated 22-11-1992. O.S. No.19 of 1994 was filed by the Arbitrator in the Court of the III Senior Civil Judge, City Civil Court, Secunderabad under the Arbitration Act, 1940 (for short, 'Old Act') with a prayer to make the award, the Rule of the Court. The said suit was dismissed. 2.The petitioners filed O.S. No.165 of 1996 in the Court of the III Senior Civil Judge, City Civil Court, Secunderabad against respondent Nos.1 to 3, for the relief of dissolution of the firm. The trial Court appointed the 4th respondent, a retired District Judge, as an Arbitrator. Taking into account, the scope of controversy between the parties, respondent No.4 framed 5 issues and 2 additional issues ...
Viswanadhuni Anjaneyulu Vs. Kothamasu Venkata Pitchaiah
Court: Andhra Pradesh
Decided on: Jul-30-2010
1.Since both these Civil Revision Petitions arise out of the interlocutory applications filed consequent on the dismissal of one after the other in the same suit, I deem it appropriate to dispose of the same by this common order.2. Heard learned counsel appearing for the petitioner-defendant as well as learned counsel appearing for the respondent-plaintiff.3. C.R.P.No.5096 of 2008 is filed challenging the order, dated 11.9.2008, in I.A.No.398 of 2008 in O.S.No.1 of 2002, dismissing the application filed under Order 16 Rule 1 C.P.C., seeking to issue summons to the proposed witness, by name Sri Ch.V. Satyanarayana to be examined as a Court witness.4. C.R.P.No.1284 of 2009 is filed challenging the order, dated 18.11.2008, in I.A.No.435 of 2008 in O.S.No.1 of 2002, dismissing the application filed under Order 8 Rule 9 and Section 151 C.P.C., seeking to receive the additional written statement.5. In both the civil revision petitions, the petitioner is defendant and the respondent is plaint...
S.Lachman Singh Vs. S. Satnam Singh
Court: Andhra Pradesh
Decided on: Jul-30-2010
:ORDER: 1.This revision is preferred by the petitioner-tenant aggrieved by the concurrent findings of the learned Rent Controller and the Appellate Authority ordering eviction of the tenant under Section 10-C (c) of the Andhra Pradesh Buildings (Lease, Rent & Eviction) Control Act, 1960, hereinafter referred to as "the Act". 2. For the purpose of convenience and to avoid ambiguity in the discussion, the petitioner and the respondent herein are hereinafter referred to as "Tenant" and "Landlord" respectively. 3. The facts, in brief, are that the landlord under notice Ex.P.3 dated 06.04.2007 called upon the tenant to vacate the premises by specifically alleging as follows: "The landlord is now aged 66 years and he is suffering from acute knee problems and other aged related problems. The youngest son of the landlord by name S. Ravinder Singh Chawla has not settled down in life and the landlord has got responsibility to settle him in business by providing him commercial accommodation. The...
M/S M/S. Arora Enterprises, Boggulkunta, Hyderabad Vs. the Deputy Comm ...
Court: Andhra Pradesh
Decided on: Jul-30-2010
The order of the Sales Tax Appellate Tribunal, Hyderabad (STAT) in A.R. No.38 of 2010 dated 08.02.2010, and the endorsement of the Deputy Commissioner (C.T) dated 29.12.2009 read with the revision order passed by him, under Section 20(2) of the APGST Act, dated 07.07.2008, are under challenge in this writ petition as ultravires and illegal. The petitioner would seek a consequential direction to the Deputy Commissioner (C.T) to entertain the application submitted by them on 20.10.2009 and decide the same. Facts, in brief, are that the petitioner is an assessee on the rolls of the 2nd respondent. For the assessment year 2004-2005, the petitioner returned a turnover of Rs.2,11,45,852/-, representing the first sale of sports goods, and accordingly paid tax of Rs.21,61,357/-. The said turnover, as assessed to tax, comprised of Rs.31,53,116/- for the period from 01.04.2004 to 26.05.2004 and was subjected to tax at 8%. The Deputy Commissioner (CT), (the 1st respondent herein), issued show cau...
M/S Sai Madhav Biotech Vs. Warangal Division, Warangal and Another
Court: Andhra Pradesh
Decided on: Jul-30-2010
The endorsement of the 1st respondent dated 29.3.2010 is under challenge in this Writ Petition as illegal, arbitrary and ultravires Section 72 of the A.P.V.A.T. Act, 2005 (hereinafter referred to as 'the Act'). The petitioner seeks a consequential direction to the 1st respondent to consider his representation dated 11.03.2010, and to redress his grievance.Facts, in brief, are that the petitioner, a registered dealer on the rolls of the 1st respondent, is a partnership firm engaged in the manufacture and sale of organic manure developed on plant wastage namely neem fruits. The petitioner would submit that organic manure is exempt from tax under Entry 26 of the First Schedule read with Section 7 of the Act. Relying on a decision of the Advance Ruling Authority, in "M/s Jyothirmayi Neem Products, Mangalagiri", classifying neem fruit based powder, sold as organic manure, as bio-fertilizers and assessing it to tax at 4%, the 1st respondent issued notice dated 17.2.2009 calling upon the peti...
Shri S. Satish Babu and Others. Vs. M/S. Mishra Dhatu Nigam Limited an ...
Court: Andhra Pradesh
Decided on: Jul-30-2010
The petitioners, 19 in number, are working in the 1st respondent - M/s. Misra Dathu Nigam Limited, a Government of India Enterprise. It is not in dispute that they were initially engaged by a contractor by name M/s. Agnes Utility for the purpose of the Aeronautical Material Testing Laboratory (AMTL) established and being maintained by the 1st respondent. However, pursuant to a Memorandum of Settlement dated 26.6.2001 entered into between the petitioners and the management of the 1st respondent, the petitioners were taken by the 1st respondent on contract basis for AMTL. It is also not in dispute that the 1st respondent has been paying the pay and allowances to the petitioners on par with its employees of the corresponding category at the induction level. Accordingly the petitioners were also issued appointment orders dated 18.8.2001 engaging them as contract employees of the 1st respondent in the pay scale fixed therein and as on today they are continuing as such. While so the 2nd res...
Golden Multi Services Club of Golden Trust Financial Services Vs. Chel ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jul-30-2010
Oral Order (Per Honble Sri Justice D.Appa Rao, President) 1. This is an appeal preferred by opposite party No.1 against the order of the District Consumer Forum, Warangal, directing it to pay Rs.2,00,000/- with interest and costs. 2. The case of the complainant in brief is that his son Chelpuri Mallaiah during his life time took a personal accident insurance policy on 16.07.2005 for the period commencing from 08.08.2005 to 07.08.2010 for a sum of Rs.2,00,000/- While so, he died on 22.09.2005 due to snake bite for which a case in Crime No.176/2005 was registered under Sec.174 Cr.P.C. The Post Mortem examination was conducted at Government Hospital, Narsampet, and the doctor had opined that the death was due to snake bite. When claim was made, it was repudiated on the ground that his death was not due to snake bite. On that the complaint was filed claiming Rs.2,00,000/- towards policy amount and Rs.10,000/- towards damages. 3. The appellant/opposite party No.1 resisted the case. It all...
Andhra Bank, Credit Card Division, Hyderabad Vs. Mrs. Dinas Vervatwala ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jul-30-2010
(As per Sri Syed Abdullah, Honble Member) The unsuccessful first opposite party in CC 152/2007 before the District Forum II, Hyderabad has filed this appeal questioning the legality and propriety of the order in directing payment of Rs. One lakh towards insurance amount and compensation with joint and several liability along with 2nd opposite party insurance company. The impugned order is assailed as erroneous contrary to the facts, evidence on record and law and sought it to be set aside. The facts of the case disclose that the complainant is a Physical Fitness Trainer having a number of clients in her occupation. While so, there was a fire accident at her home and sustained burn injuries, for which, she took treatment and incurred an amount of Rs.5,25,000/-. That she had taken Credit Card issued by OP 1 bank with a tie up with Insurance policy issued by the OP. 2 to cover personal accidents. The complainant applied for payment of insurance claim but the claim was repudiated. The o...
S. Suresh Kumar Vs. Newtonâs Institute of Engineering, Rep. by It ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jul-30-2010
( As per Sri Syed Abdullah, Honble Member ) Being not satisfied with the relief granted by the District Forum in CD 162/2006 before the District Forum, Guntur, this appeal is preferred questioning that the District Forum failed to appreciate the evidence on record in proper perspective. The facts of the case are that the complainant is a Diploma Holder and wanted to take admission in Engineering Course and appeared for E-CET 2001-02 in which he qualified. Thereafter, he made an application seeking admission in B. Tech Course. In the mean while, the opposite party gave an advertisement to admit candidates on spot admission in its institution. The opposite parties after verifying the certificates had collected Rs.26,500/- towards fee and Rs.20,000/- towards donation on 04.01.2002. OP. 1 also collected original certificates. The complainant was regular in attending to the classes and paid examination fee also. The complainant was sanctioned scholarship by the Welfare Department for his ...
Dr. V. Venkateswarlu Vs. Adapa Kumaraiah and Others
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jul-30-2010
(Typed to the dictation of Smt.M.Shreesha, Honble Member.) Aggrieved by the order in C.D.No.12/2005 on the file of District Forum, Khammam, opposite party No.3 preferred this appeal. The brief facts as set out in the complaint are that the complainants son was taken to Primary Health Care Centre of opposite party No.1 on 28-8-2003 since the complainants son was suffering from fever. Opposite parties 1 and 2 examined the patient and prescribed some medicines but thereafter the patient suffered from throat pain and stomach pain and was again was taken to opposite party No.1 hospital. Opposite party No.1 advised the complainant to take their son to Government Hospital, Sattupalli as they are having some urgent work in Bhadrachalam. The complainant submits that without examining the patient, they had advised him to take his son to opposite party No.3 hospital who was working there on contract basis. Opposite party no.3 examined the patient at his wifes clinic and advised the complainants ...
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