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Andhra Pradesh Court July 2010 Judgments

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Jul 27 2010

Bathina ChennammA. Vs. Bathina Venkata Subbaiah.

Court: Andhra Pradesh

Decided on: Jul-27-2010

1. The appellant filed O.S.No.255 of 2004 in the Court of III Additional Junior Civil Judge, Kadapa, against the respondent for the relief of declaration of title in respect of the suit schedule property and for recovery of possession thereof, as well as a sum of Rs.3,000/- towards arrears of rent. She pleaded that the schedule property, being house and surrounding plot of land was given to her husband, an employee in the Chemmumiahpet Gram Panchayat, by the Government, and that he constructed a house thereon. It is stated that after his death, the appellant succeeded to the property. She pleaded that the respondent was a tenant in the premises on a monthly rent of Rs.250/-, but he failed to pay the rent from January 2003 onwards, and started disputing title of the appellant. The respondent filed a written-statement, opposing the suit. He disputed the right, title and entitlement of the appellant over the land. He denied the existence of relationship of tenant and landlady, between him...


Jul 27 2010

Konda Ranga Reddy Vs. Galiveedu Raja Reddy

Court: Andhra Pradesh

Decided on: Jul-27-2010

The respondent filed O.S.No.98 of 1999 in the Court of Principal Junior Civil Judge, Rayachoty, against the appellant for recovery of certain amount, on the basis of a promissory note, dated 24-06-1996. The appellant opposed the suit and denied the execution of the promissory note. The trial Court dismissed the suit on 23-03-2001. The respondent filed A.S.No.4 of 2001 in the Court of Senior Civil Judge, Rayachoty. The appeal was allowed on 27-09-2005. Hence, this Second Appeal. Sri L.J. Veera Reddy, learned counsel for the appellant submits that the trial Court dismissed the suit by taking into account, the report of the handwriting expert, which is to the effect that the signature on the promissory note, marked as Ex.A-1, is forged, and the lower Appellate Court has reversed the judgment of the trial Court, without any basis. He further submits that Ex.A-1 was not proved, as required under law, much less, the respondent established that Ex.A-1 is supported by consideration. The trial...


Jul 27 2010

Y. Ranganadh Goud Vs. State Rep .

Court: Andhra Pradesh

Decided on: Jul-27-2010

1).This petition is filed by the petitioner/A-2 under Section 482 Cr.P.C., for quashing proceedings in P.R.C.42 of 2005 on the file of Additional Judicial Magistrate of the First Class, Venkatagiri relating to offences punishable under Sections 355, 306/107 IPC. 2) The deceased Salapakshi Gopi was studying Senior Intermediate course in S.B.M College, Venkatagiri in the year 2004. The 2nd respondent/defacto- complainant is father of the deceased boy. A-1, A-3 and A-8 are brothers. A-7 is son of A-8. A-9 is son of A-1. A-2, A-5, A-10 and A-11 are stated to be friends of A-11. A-4 is related to A-1. It is alleged that the deceased started teasing Gollapalli Bhargavi who is A-1's daughter studying Senior Intermediate course in the same college as that of the deceased and that on 05.08.2004 at about 11.15 hours, the deceased entered into class room of Bhargavi and threatened her by indecent words and demanded her to marry him and proclaimed that he would kill her and kill himself if she ref...


Jul 27 2010

P.Shibu Kumar, S/O. Prabhakaran Vs. Group Centre, Chennai and Another.

Court: Andhra Pradesh

Decided on: Jul-27-2010

This Writ Petition has been instituted calling in question the order passed by the Commandant of the 42nd Battalion of the Central Reserved Police Force (for short 'CRPF'), Brakes, Hyderabad, suggesting to the writ petitioner to apply for grant of No Objection Certificate (for short 'NOC') for securing passport after the departmental enquiry initiated against him is completed. The writ petitioner is presently working as a Sub Inspector with the CRPF, an Armed Force of the Union. On the ground that he wants to meet his wife, who was working as a Physical Education Teacher at Sharja, the writ petitioner solicited permission to obtain a passport. Therefore, he submitted a representation seeking grant of NOC, to enable him to apply for securing a passport. That representation has been dealt with by the Commandant of the Force suggesting to the writ petitioner to renew his request after the disciplinary proceedings initiated against him and pending as at the time, are concluded. It is alleg...


Jul 27 2010

Mohd. Ghouse Vs. Smt Shareefunnisa

Court: Andhra Pradesh

Decided on: Jul-27-2010

This Writ Petition is filed assailing the orders, dated 04-05-2010 passed in L.G.C.No.11 of 2009 on the file of the Special Court under A.P.Land Grabbing (Prohibition) Act, Hyderabad ("Special Court" for brevity) whereunder the Court declined to accept an unregistered gift deed presented by the petitioner as evidence.The petitioner claims to be the absolute owner and possessor of land, measuring an extent of Ac.1.10 guntas situate in Sy.Nos.139 and 140, corresponding to T.S.No.3, 4, 5 and 7, Ward No.6, Block-N of Panchamulaguda, Yellareddyguda, Hyderabad. It is his claim that one Mohd.Sadiq Ustad, son of Rehman Saheb was the original owner of the said land by virtue of a patta granted by the then Office of Aval Taluqdar, Atraf Balda. The said pattedar was a bachelor and he, out of love and affection towards the petitioner, gifted the land to the petitioner and executed a gift deed, dated 09-03-1971. The petitioner thus assumed and remained in possession of the said land till 2006. As t...


Jul 27 2010

National Insurance Company Limited Vs. Sanjay Mahajan

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jul-27-2010

Oral Order (Per Honble Sri Justice D. Appa Rao, President) 1. This is an appeal preferred by the opposite party Insurance Company against the order of the District Forum directing it to pay a sum of Rs.80,000/- with interest at 9% per annum from the date of order till realization. 2. The case of the complainant in brief is that his vehicle Toyota Qualis was insured with the appellant Insurance Company covering the period from 19.08.2005 to 18.08.2006. While so, on 12.12.2005 it met with an accident for which he submitted claim. On that a surveyor was appointed. He got his vehicle repaired by spending an amount of Rs.1,57,245/-. The appellant had unilaterally settled the claim on 4.7.2006 at Rs.42,312/- without verification and therefore, he sought Rs.1,57,245/- towards damages. 3. The Insurance Company resisted the case. While admitting the issuance of policy and the accident, however it alleged that one Mr. K.Vasu was appointed to conduct spot survey, who submitted his report dt. 26....


Jul 27 2010

Smt Sethumadhavi Nukala Vs. M/S Narne Estates Private Limited

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jul-27-2010

Oral Order (As per R. Lakshminarsimha Rao, Member) The complaint is filed u/s 17(a)(1) of the C.P. Act seeking direction to the Narne Estates Private Limited, Secunderabad to register the plot No.169 in Central Park-II Layout situated in Sy.No.218/4, 218/5 of Kondapur Vilalge, Serilingampally Mandal, R.R.District in favour of the complainant and `3 lakhs towards compensation and costs. The averments of the complaint are that the complainants friends son Mr.Johann Christopher purchased a plot No.169 admeasuring 235 sq.yards at Central Park-II layout at Kondapur village, Serilingampalli Mandal R.R.Dist. After some time as the said Johann Christopher was not interested he requested the opposite party by letter dated 12.4.2006 to transfer the plot in the name of the complainant and the same was accepted by the opposite party by its letter dated 3.7.1996. The total cost of the plot was `1,17,500/- including development charges. Thereafter the complainant paid `22,500/- on 3.5.1996 and also...


Jul 27 2010

D.V.S. Phanindhra Vs. K. Babu and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jul-27-2010

Syed Abdullah, Member: The appellant is the unsuccessful complainant in CC 30/2008 before the District Forum II, Tirupathi and on the dismissal of the complaint, this appeal is filed questioning that the order is erroneous both on question of fact and law. The facts of the case as set out in the complaint are that the complainant, who is a B-Tech student of Siddartha Engineering College, Puttur, approached second opposite party for financial assistance for prosecuting his higher studies and to purchase a computer. The second opposite party sanctioned loan for Rs.45,000/- under loan Account Bearing no. UEL 1578. The loan is payable with interest at 9% pa out of the said loan a sum of Rs.20,000/- was given to meet educational fees. The remaining amount of Rs.25,000/- was issued in the form of pay order bearing No. 328688 dated 14.09.2005 in the name of the first opposite party for supply of Intel Computer worth Rs.30,000/- . The complainant had already paid Rs.5000/- towards advance paym...


Jul 27 2010

Pothala Kondamma Vs. the Manager, Life Insurance Corporation of India

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jul-27-2010

Oral Order (As per R. Lakshminarsimha Rao, Member) The appeal emanates from the order in C.C.No.141/08 on the file of District Forum-I, Visakhapatnam. The facts of the case are that the husband of the complainant during his life time obtained Endowment Insurance Policy for a sum of Rs.1,00,000/- for a period of 10 years. The husband of the complainant opted for Voluntary Retirement from service on 26.7.1971 and he died on 23.11.2001. The 2nd Opposite party neglected to pay the premium. The 1st Opposite party had not informed the complainant about the non-payment of the premium. The Opposite parties refused to pay sum assured where on the complainant has got issued Legal Notice for which a reply was tendered by the opposite party that the complainant would be heard later. The 1st Opposite party remained exparte. The 2nd Opposite party contested claim denying the material allegations of the complaint and contended that there is no privity of contract between the 2nd Opposite party and ...


Jul 27 2010

M. Harinath Vs. the New India Assurance Company Ltd

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jul-27-2010

Oral Order (As per R. Lakshminarsimha Rao, Member) Dissatisfied with the order of the District Forum dated 24.1.2008 in C.C.No.142 of 2006, the complainant filed this appeal. The brief facts as set out in the complaint are that the complainant in order to eke out his livelihood purchased three wheeler goods Carrier Ape Cargo D.600 Pick up Van bearing No. AP 26W 3984 by obtaining loan of Rs.70,000/- from money lenders. The said vehicle was insured with the opposite party by praying premium of Rs.3,225/- on 12.6.2004 for a sum of Rs.1,15,000/- and the period of insurance is from 12.6.2004 to 11.6.2006. The vehicle bearing No.AP 26W 3984 was missing from 4.6.2006 along with its driver Kota Ramanaiah. The complainant lodged complaint with the police Gudur Rural Police Station which was registered as FIR no.54 of 2005 for the offence u/s 406 IPC. The complainant also intimated the missing of the vehicle to the opposite party. It was found that the driver of the vehicle was murdered at Sang...


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