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Andhra Pradesh Court August 2010 Judgments

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Aug 10 2010

Mohammed Afsar Pasha S/O. Mohammed Vs. Noor Us Sohel W/O. Fayaz Afzal ...

Court: Andhra Pradesh

Decided on: Aug-10-2010

1.Respondent is the owner of premises bearing No.12-2-225, situate at Murad Nagar, Hyderabad. She is residing in a substantial part of it. A mulgi, carved out of the premises, was given on rent to the petitioner for non-residential purpose. Respondent filed R.C. No.391 of 2006 before the IV Additional Rent Controller, Hyderbad under Section 10 (3) (c) of the Andhra Pradesh Buildings (Lease, Rent & Eviction) Control Act (for short 'the Act') for eviction by pleading the grounds of wilful default in payment of rents and bona fide requirement of the premises for additional accommodation. The R.C. was opposed by the petitioner. Through judgment dated 17-04-2009, the learned Rent Controller rejected the ground of wilful default, but allowed the case on the ground of additional requirement. Aggrieved thereby, petitioner filed R.A. No.62 of 2009 in the Court of the Chief Judge, City Small Causes Court, Hyderabad. The appeal was dismissed on 18-06-2010. Hence, this revision under Section 22 of...


Aug 10 2010

The Chairman, Munupriya Finance and Permanent Fund and Another Vs. Pid ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Aug-10-2010

(Typed to the dictation of Smt. M. Shreesha, Honble Member.) This Commission by its common order dated 28-11-2008 dismissed the delay excuse petitions FA IA No.2869/2008 and FAIA 2870/2008 and consequently F.A.SR No.6633/2008 and 6632/2008 were rejected. Aggrieved by this order the petitioners preferred W.P.No.312/2009 and the Honble High Court vide its order dated 11-6-2009 allowed the Writ Petition remanded the matter to the State Commission for disposing of the matter afresh on merits after giving opportunity to both sides as expeditiously as possible. The brief facts as set out in C.D.Nos 107/99 and 108/99 are that petitioners/opposite parties 1 to 3 established Manupriya Permanent Fund in the year 1995 and introduced a scheme inviting deposits and the complainant deposited a total amount of Rs.2,21,520/-(C.D.No.107/99) and Rs.1,15,000/- (C.D.No.108/99) respectively which is refundable on demand by the complainant and the opposite parties agreed to pay interest at 18% p.a. on th...


Aug 09 2010

Uppala Venkateswara Rao @ Venkateswarlu Vs. the State of A.P and ors.

Court: Andhra Pradesh

Decided on: Aug-09-2010

1)This criminal petition is filed questioning order dated 20.01.2009 passed by the X Additional Sessions Judge, Krishna at Machilipatnam in Crl.R.P.No.17 of 2008 confirming final order dated 23.02.2008 passed by the Tahsildar and Mandal Executive Magistrate, Pedana Mandal in R.C.B.No.242/2007 making absolute preliminary order dated 30.11.2007 passed under Section 133 Cr.P.C directing the petitioner to remove machines of flour mill, wet rice mill, chilli mill and wet grinder premisis bearing in D.No.15/152-12 of Ward No.12 of Pedana town. 2) When certain members of the public and more particularly the respondents 3 to 5 complained to the Executive Magistrate about flouring mill activity of the petitioner, the Executive Magistrate gave preliminary order under Section 133 Cr.P.C to the petitioner, received his explanation, made enquiry and passed the impugned order confirming the preliminary order issued under Section 133 Cr.P.C. It is contended by the petitioner's counsel that the Mandal...


Aug 06 2010

P.Rajagopal Reddy Vs. the Andhra Pradesh State Road Transport Corporat ...

Court: Andhra Pradesh

Decided on: Aug-06-2010

This is an appeal filed by the claimant assailing the award in O.P.No.19 of 2004, dated 16-11-2005, on the file of the Motor Accidents Claims Tribunal (before the V Additional District Judge), F.T.C., Anantapur, under which the claim petition filed by the appellant seeking compensation under the provisions of Sections 140 and 166 of the Motor Vehicles Act has been dismissed.The appellant/claimant filed the O.P. and sought for compensation of a sum of Rs.1,20,000/- on the ground that he sustained injuries in a road accident that occurred on 04-06-2002 on account of rash and negligent driving of the bus of the respondent/corporation. According to the claimant, on the said date of accident, he along with his friend were proceeding on a motor cycle from Dharmavaram to go to Kotha Cheruvu and when they reached Kanumukkala Village, the bus bearing registration No.AP-10-Z-7534 of which the respondent corporation is the owner, came in the opposite direction, being driven in a rash and neglige...


Aug 06 2010

Srikakulam, Srikakulam District. Vs. Sri Sakhiya Matt, Rep.by Byragi T ...

Court: Andhra Pradesh

Decided on: Aug-06-2010

The petitioner-an Executive Officer, Group Temples, Srikakulam, Srikakulam District, filed this revision under Section 115 of the Code of Civil Procedure, 1908, inter alia, seeking to assail the order dated 15.02.2007 in C.M.A.No.30 of 2004 on the file of the District Judge, Srikakulam, passed against the order dated 18.06.2002 in O.A.No.136 of 1992 on the file of the Deputy Commissioner, Kakinada, in dismissing the petition filed under Section 87 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 {"the Act" for brevity}, for declaration that the Sakhiya Mutt where Anjaneya Swamy temple is situated in Survey No.316/4 corresponding T.S.No.639 of China Bondilipuram, Srikakulam, Srikakulam District, as a private temple intended for worship.The facts, in brief, which are necessary for disposal of this revision, are that in the said application filed by the respondent herein under Section 87 (c) of the Act, he sought a declaration and the same was contested by ...


Aug 06 2010

The Executive Officer Vs. Sri Sakhiya Matt.

Court: Andhra Pradesh

Decided on: Aug-06-2010

B.PRAKASH RAO, J.1. The petitioner-an Executive Officer, Group Temples, Srikakulam, Srikakulam District, filed this revision under Section 115 of the Code of Civil Procedure, 1908, inter alia, seeking to assail the order dated 15.02.2007 in C.M.A.No.30 of 2004 on the file of the District Judge, Srikakulam, passed against the order dated 18.06.2002 in O.A.No.136 of 1992 on the file of the Deputy Commissioner, Kakinada, in dismissing the petition filed under Section 87 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 {the Act for brevity}, for declaration that the Sakhiya Mutt where Anjaneya Swamy temple is situated in Survey No.316/4 corresponding T.S.No.639 of China Bondilipuram, Srikakulam, Srikakulam District, as a private temple intended for worship. The facts, in brief, which are necessary for disposal of this revision, are that in the said application filed by the respondent herein under Section 87 (c) of the Act, he sought a declaration and the sam...


Aug 06 2010

Smt. E. Lalitha and Others Vs. Life Insurance Corporation of India and ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Aug-06-2010

Oral Order (Per Honble Sri Justice D. Appa Rao, President) 1. This is an appeal preferred by the complainants against the inadequacy of the amount granted by the District Forum. 2. The case of the complainants in brief is that the first complainant is the wife and complainants 2 and 3 are the children of late Eswar Goud who took policy for Rs.50,000/- from the opposite parties-Life Insurance Corporation of India covering the period from 28.1.1998 to 29.1.2008. While so, on 29th /30th April, 2001 he met with an accident and admitted into Government General Hospital, in a state of Coma. The family members could pay premium upto January, 2004. However, they could not pay the premium for the year 2005. He died on 10.12.2005. Thereupon a claim was made enclosing all the documents showing they are the nominees of the deceased. The Insurance Company repudiated the claim on the ground that the policy was not in force by the date of death of the insured. Therefore, the complainants filed the c...


Aug 05 2010

Dhannula Govindaraju Vs. the State of Andhra Pradesh and anr.

Court: Andhra Pradesh

Decided on: Aug-05-2010

The petitioner herein was convicted by the learned Assistant Sessions Judge, Amalapuram, East Godavari District, in SC No. 213 of 1998 for the offence under Sec. 354 of IPC and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.1,000/- and in default of payment of fine, to further undergo simple imprisonment for six months. The said judgment dated 19.6.2000 was questioned by the petitioner by filing Criminal Appeal No.237 of 2000 and the learned V Addl. Sessions Judge (Fast Track Court), West Godavari, Rajahmundry, by his judgment dated 3.2.2003, while concurring with the findings recorded by the trial court, had dismissed the appeal. Hence, the petitioner approached this court by filing the present Criminal Revision Case invoking jurisdiction of this court under Sec. 397 and 401 of Cr. P.C.The case of the prosecution in brief is that there are disputes between the families of the petitioner and the parents of PW-1 who is the victim herein and...


Aug 05 2010

United India Insurance Company Limited. Vs. Ahmadi Begum and Others.

Court: Andhra Pradesh

Decided on: Aug-05-2010

1.This appeal under Section 173 of the Motor Vehicles Act, 1988 is filed by the appellant-insurance company against the award, dated 20.03.2003 passed in O.P.No.226 of 1999 by the Chairman, Motor Accident Claims Tribunal-cum-Principal District Judge, Medak at Sangareddy (for short 'the Tribunal'). 2.The brief facts of the case are as follows: On 25.06.1997, Mohd.Mansoor Ali was going in a jeep bearing No.AP-11-C-7529 from Sadasivpet to Koheer and when reached near Kamkole village, on N.H.No.9, the driver of the jeep drove it in a rash and negligent manner at high speed and lost control over the vehicle and thereby the jeep turned turtle, as a result of which, said Mohd. Mansoor Ali sustained grievous injuries and succumbed to the injuries on the next day. Respondents 1 to 6-claimants filed the above said O.P. claiming compensation of Rs.5,00,000/-. The appellant-insurer and the 7th respondent-owner contested the claim by filing counter-affidavits. By the award, dated 20.03.2003, the Tr...


Aug 05 2010

Consumer Interests Protection and Research Association (Cipra) Vs. Apo ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Aug-05-2010

Oral Order: R. Lakshminarsimha Rao, Member: The complaint is filed through the Consumer Council, Consumer Interest Protection and Research Association (CIPRA) Hyderabad seeking direction against the opposite parties, Apollo Gleneagles and five others to pay Rs.10 lakhs towards medical expenditure, Rs.12 lakhs for loss of income and Rs.2 lakhs towards compensation for mental agony, a total amount of RS.24 lakhs with interest thereon. The averments of the complaint are that the complainant had undergone whole body PET CT Scan on 23.7.2007 by making payment of Rs.27,000/- and Rs.21,500/- to the opposite party no1. The opposite parties no.4 and 5 issued report stating that the brain position i.e., cerebral, hemisphere, basal ganglia, verticular system, posterior fossa structure and bony calvaniam are normal. It was reported that every organ of the complainant was normal. On 27.10.2007 the complainant had undergone for whole body PET CT Scan for the second time and this time the CT findings...


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