Andhra Pradesh Court August 2010 Judgments
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Jana Swarnalatha and Others Vs. Dr. K. Anjani Kumar and Another
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Aug-03-2010
Oral Order (As per R. Lakshminarsimha Rao, Member) The unsuccessful complainants are the appellants. The facts leading to filing of this appeal are that the complainant no.1 is the wife, complainants no.2 and 3 are the daughters and the complainant no.4 is the son of late Jana Srinivasulu. On 8.1.2002 the husband of the complainant no.1, Jana Srinivasulu got admitted in the opposite party no.1 hospital due to breathlessness. The opposite party no.1 after examining the patient opined that the problem may be with the lungs and called the opposite party no.2 who after examining the patient stated that the problem was not with the lungs but it is not for the heart. The patient was in the hospital from 9.1.2002 till 11.1.2002 but the opposite parties could not detect the main problem of illness. As the condition of the patient deteriorating the complainants shifted him to Bollineni Super Specialty Hospital, Nellore where after careful examination of the patient the doctors opined that the...
Niveditha Orthopedic Centre and Another Vs. P. Malleshwari
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Aug-03-2010
(Typed to the dictation of Smt. M. Shreesha, Honble Member) Aggrieved by the order in C.D.No.919/2004 on the file of District Forum-III, Hyderabad, opposite parties preferred this appeal. The brief facts as set out in the complaint was that the complainant met with an accident on 15-12-1999 at Kalwakurthy while she was travelling on a Hero Honda as pillion rider. The complainant was brought to opposite party No.2 who diagnosed fracture on the right hand requiring surgery and advised her to be admitted at Vani hospital on 16-12-1999 and conducted a surgery inserting a nail into the right humerus to facilitate the union of fractured bone and the complainant was discharged after 5 days. An x-ray was taken on the 5th day and it showed a gap between the bones but opposite party No.2 assured the complainant that there would be reduction in due course and advised to consult at opposite party no.1 hospital once every week. The complainant that there was pus formation within a fortnight after ...
Govind Rao Vs. Adilabad District and Others
Court: Andhra Pradesh
Decided on: Aug-02-2010
This Writ Petition is filed for a Certiorari to quash the order dated 06.10.2001 of respondent No.1. One Amruthrao Pardikar was the original owner of the property admeasuring Ac.15.20 gts. of Bhainsa Village and Mandal, Adilabad District. Rajeshwar Rao Pardikar was his son. He had two sons by name Shankar Rao and Balwant Rao. Shankar Rao had a son by name Rajeshwer Rao, who is respondent No.3. Balwant Rao had two sons who are petitioner and respondent No.10. Respondent Nos.4 to 9 are the legal representatives of respondent No.3 who has died during the pendency of the litigation. The above mentioned land is admittedly an inam land. Respondent No.3 made an application before respondent No.2 for grant of Occupancy Right Certificate (ORC) for the said land. By his order dated 05.10.1976, respondent No.2 granted ORC in favour of respondent No.3. The petitioner filed an appeal before respondent No.1. Vide his order dated 16.04.1988, respondent No.1 allowed the appeal and remanded the matter ...
Mohd.ilyas Khan, and Others Vs. Abdullah BIn Hussain, and Others
Court: Andhra Pradesh
Decided on: Aug-02-2010
The first respondent is the owner of the premises bearing No.3-5-784/A/2 to 6 situated at King Koti, Hyderabad. The same is let out to the appellants for running a Hotel named M/s. Hi-Line Hotel & Bakery. There is a footpath behind the Hotel. It is alleged that the appellants encroached upon the footpath and put up Haleem Bhattis (ovens) along with tin sheds. The first respondent, therefore, gave a representation on 28.08.2009 to the Officials of the Greater Hyderabad Municipal Corporation (GHMC), in vain. He then filed the writ petition seeking a direction to GHMC and its Officials to cancel appellants' Hotel licence. The writ petition was opposed, inter alia, on the ground that the civil suits are pending between the parties and the writ petition is a ruse to defeat lessees' rights. During the pendency of the writ petition, the Assistant City Planner inspected the area and submitted a report on 08.10.2009. As per the said report the appellants encroached on the footpath for sometime ...
Thumu Srikanth Vs. Akula Babu
Court: Andhra Pradesh
Decided on: Aug-02-2010
The dismissal of the petition in I.A. No.922 of 2007 in O.S. No.192 of 2006 on the file of the Junior Civil Judge's Court, Gajwel by the order dated 15-12-2009 led the unsuccessful petitioner/plaintiff to file the present revision. The petition was filed requesting to obtain the signatures and thumb impressions of the plaintiff and the defendant in the presence of their counsel in open Court and to get them examined and compared by the Regional Forensic Science Laboratory, Hyderabad along with the signatures and thumb impressions in the sale deed document No.2505/2005, registered on 25-04-2005. The petitioner/plaintiff contended that the suit property was purchased by him under the document in question from the defendant, the original document having been filed along with the suit. The defendant pleaded the said document to be sham, fabricated and created by impersonating the defendant and by forging his signature. In view of the said defence arose the request of the petitioner/plaint...
Smt.Deepa Paresh Chedda, Vs. Government of India, New Delhi and Others
Court: Andhra Pradesh
Decided on: Aug-02-2010
1.This writ petition has been filed by Smt. Deepa Paresh Chedda seeking a mandamus declaring the action of the Regional Passport Officer-2nd respondent in detaining/retaining her passport bearing No.A 215091 as arbitrary and illegal. 2.The petitioner claims to be a permanent resident of Hyderabad having been born and brought up therein. The Regional Passport Officer, Secunderabad-2nd respondent issued a passport bearing No.A 215091 to her. The passport is valid up to 22.10.2000. She made an application on 12.12.2000 for renewal of her passport. There being no action on her renewal application, she got issued a legal notice dated 02.01.2006. The office of the Regional Passport Officer issued a reply dated 20.2.2006 stating that the petitioner is involved in Crime No. Rc.No.3/E/99 BS & FC on the file of CBI, New Delhi registered for the offences under Sections 120-B, 409 and 420 IPC and that the C.B.I has not informed them regarding the present status of the case and hence her applicatio...
Thota Srinivasa Rao Vs. Telugu Academy, Hyderabad and Another
Court: Andhra Pradesh
Decided on: Aug-02-2010
The petitioner herein seeks consideration of his candidature for employment with the respondent Telugu Academy in its Office/establishment in the State. It is not in dispute that the respondent Academy has been established by the State for the purpose of promotion of Telugu language and literature. Therefore, the employment in such an organization partakes with it the characteristics of public employment. In accordance with Articles 14 and 16 of our Constitution, every eligible candidate has got a right to compete against the public employment. The Parliament enacted the Employment Exchanges (Compulsory Notification Of Vacancies) Act, 1959 to give statutory effect to the recommendations made by The Training and Employment Services Organization Committee, to the following effect: (a) that employers should be required on a compulsory basis to the Employment Exchanges all vacancies other than vacancies in unskilled categories, vacancies of temporary duration and vacancies proposed to be ...
Pothina Yella Rao Vs. A.P. Ravindranath and Others
Court: Andhra Pradesh
Decided on: Aug-02-2010
The appeal is directed against the award, dated 30-09-1996 in M.V.O.P. No.41 of 1993 on the file of the Motor Accidents Claims Tribunal-cum-II Additional District Judge, Visakhapatnam. The factual background for the appeal is that the appellant, a milk vendor, was proceeding towards Madhurawada as a pillion rider on a scooter, which was dashed against by motor cycle No. AP 31C 8090, driven rashly and negligently, and coming in a wrong direction. He fell down, sustained a compound fracture of right ankle and abrasions on the right leg and was treated at King George hospital, Visakhapatnam. The driver of the motor cycle-the 1st respondent, the owner-the 2nd respondent, and the insurer-the 3rd respondent are, hence, sued for a compensation of Rs.50,000/-. The 1st respondent contested the claim contending that he came on the left side of the road and was negotiating the traffic junction, when suddenly an auto rickshaw came in high speed followed by an ambassador car. To avoid any possible...
Shaik MalikA. Vs. Borre Deva Munemma and Another.
Court: Andhra Pradesh
Decided on: Aug-02-2010
The 1st respondent filed O.S.No.24 of 2001 in the Court of Senior Civil Judge, Kadapa, against the 2nd respondent and his daughter, the appellant herein, for cancellation of sale, deed dated 01-09-1998, executed by the 2nd respondent, in favour of the appellant, by declaring it as a fraudulent transaction. It was pleaded that the 2nd respondent was indebted to the 1st respondent, and several suits came to be filed for recovery of the amount. She pleaded that, in spite of filing of the suit, the 2nd respondent executed sale deed, dated 01-09-1998 in favour of his daughter, the appellant herein, with a view to keep the property away, from being proceeded against. It was her case that she came to know about the alleged sale, only when it was mentioned by the 2nd respondent in a counter filed in I.A.No.278 of 2000, filed under Order XXXVIII Rule 5 C.P.C., for attachment before judgment, in O.S.No.174 of 2000. The 2nd respondent and the appellant contested the matter by filing written- stat...
Rayala Venkataratnam and ors. Vs. Secretariat Buildings, Hyderabad and ...
Court: Andhra Pradesh
Decided on: Aug-02-2010
This writ petition is filed seeking a declaration that the action of the respondents in having declined to pay the interest on additional market value and solatium as provided under Section 23 of the Land Acquisition Act, 1894 to the petitioners as arbitrary and illegal.The facts, which are not in dispute, are as under :By notification dated 5.4.1979 published under Section 4 (1) of the Land Acquisition Act, 1894 (for short, 'the Act'), Ac.24.24 cents of the land belonging to the petitioners situated in Taluvai Village of Jangareddygudem Mandal, West Godavari District was acquired for foreshore submersion of Vengalaraya Sagar Project. After making the enquiry, the Land Acquisition Officer, by award dated 5.6.1985 fixed the market value of the lands acquired at Rs.6,000/- per acre. Being dissatisfied with the quantum of compensation awarded, the petitioner sought reference under Section 18 of the Land Acquisition Act. Accordingly, the matter was referred to the Court of the Senior Civil...
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