Andhra Pradesh Court January 2011 Judgments
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P. Kanakabhushanam Vs. S. Vijaya Lakshmi and Others
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jan-21-2011
ORAL ORDER: (Per Honble Sri Justice D.Appa Rao, President.) 1) This is an appeal preferred by Op2 land owner against the order of the Dist. Forum directing the Commissioner, Tirupathi Municipal Corporation and the Vice-Chairman, TUDA, Tirupathi, Ops 3 and 4 respectively to remove the existing two rooms in the stilt floor by taking necessary action against the appellant and desist from letting out the flat No. 201 for commercial purpose, and further refund Rs. 68,000/- with interest @ 9% p.a., from the date of complaint along with Op1 builder together with compensation and costs. 2) The parties are described as arrayed in the complaint for felicity of expression. 3) The case of the complainants in brief is that they are owners of flat Nos. 202 and 303 respectively in Sridevi Apartments. R1 is the builder. R2 appellant herein is the owner of the plot. R1 after getting approval for construction of apartments from R3 and R4 dt. 16.2.1999 constructed Sridevi Apartments consisting of 3 floor...
Yerram Vinod Vs. the State of A.P.
Court: Andhra Pradesh
Decided on: Jan-20-2011
:Oral order:1. This Criminal Petition under Section 482 of the Code of Criminal Procedure (Cr.P.C.) is filed to quash the orders passed by the Principal Sessions Judge, Khammam in Crl.R.P.No.1 of 2007 dated 18-09-2007, whereby he dismissed the revision filed by the petitioner upholding the orders of the Judicial Magistrate of First Class, Bhadrachalam awarding maintenance to the major daughters in M.C.No.2 of 2006 dated 14-12-2006. 2. Heard the learned counsel for the petitioner and learned Public Prosecutor for respondent No.1. In spite of service of notice none appears for the respondents 2 to 4. 3. Learned counsel for the petitioner contends that the respondents 3 and 4 who are major daughters are entitled to maintenance under the personal laws, viz., Hindu Adoptions and Maintenance Act, 1956 (for short "the Act") but not under Section 125 Cr.P.C. Learned counsel also contends that the Magistrate cannot award maintenance under Section 125 Cr.P.C. to the major daughters, who are enti...
S.Ramu Vs. Govt.OfA.P.
Court: Andhra Pradesh
Decided on: Jan-20-2011
:Oral order:1. This Criminal Petition under Section 482 of the Code of Criminal Procedure ('Cr.P.C.') is to quash the proceedings initiated against the petitioner/accused in C.C.No.11 of 2006 on the file of Special Judge for CBI Cases, Hyderabad for the offence punishable under Section 13(2) r/w 13(1) (e) of the prevention of Corruption Act, 1988 ("PC Act" for brevity) and Sections 109, 468 and 471 of the Indian Penal Code ('IPC'). 2. The petitioner while working as Additional Director of Income Tax (Investigation) in Mumbai was found to be in possession of assets disproportionate to his known sources of income. Basing on the said information, the Superintendent of Police, CBI, Hyderabad directed the Inspector of Police, CBI/SPE, Hyderabad to register a case and investigate into the same. After thorough investigation, the Inspector of Police filed the charge sheet, which was taken on file in C.C.No.11/2006.3. To quash the same the present petition has been filed contending that the pro...
The Commissioner of Central Excise Vs. M/S.Sri Chaitanya Educational C ...
Court: Andhra Pradesh
Decided on: Jan-19-2011
:: (Per Hon'ble Sri Justice V.V.S.Rao) 1. This appeal is filed by the Revenue under Section 35G of the Central Excise Act, 1944 against the stay order dated 14.6.2010 of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT) whereby and whereunder the respondent's application for waiver of pre-deposit, under Section 35F of the Central Excise Act, was allowed and recovery of service tax was stayed.2. The brief facts, relevant for this case are, as follows. The respondent runs various coaching centres in Andhra Pradesh and other States in India. Coaching is imparted for various courses like Intermediate (10 + 2), Engineering And Medical Courses Entrance Test, and other admission tests. For the four years i.e., 2003-04 to 2006-07, the respondent allegedly charged monetary consideration from students to the tune of Rs.823,20,45,019/-. The respondent's activity of commercial training or coaching service attracts levy of service tax under Sections 65 (26) and (27) read with sub-sectio...
Raj Kumar Khatri, S/O.Motilal Vs. the Deputy Commissioner of Transport
Court: Andhra Pradesh
Decided on: Jan-19-2011
:ORDER: 1. The petitioner is owner of Tata Indica Car bearing Registration No.KA-01-MC 8332. He had purchased the car in the State of Karnataka with the financial assistance provided by Reliance Capital, Bangalore. He paid life tax of Rs.39,463/- vide challan No.CF/3092133, dated 25.8.2007 and obtained registration of his vehicle from the Assistant Regional Transport Officer, Bangalore (Central). In the Registration Certificate his address is shown as M/s.Mahima Silk Sarees, 12/2/Saibaba Market, O.K. Road, Bangalore which is his cloth business shop.2. It appears that he also had a branch, of his cloth business, at Puttaparthy, Andhra Pradesh. He, admittedly, regularly visits Puttaparthy for his business. On 16.4.2010 when he was proceeding to Puttaparthy in his car from the workshop at Anantapur, the second respondent checked the vehicle and also his cell phone numbers. In the Vehicle Check Report (VCR), the second respondent alleged that, on enquiry, it was found that the petitioner w...
R. Venkateswarlu Vs. Reliance General Insurance Company Ltd. and Anoth ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jan-19-2011
Oral Order: (Per Honble Justice D. Appa Rao, President) 1) Unsuccessful complainant preferred the appeal against the order of the Dist. Forum in dismissing his complaint on the ground that he has no locus standi. 2) The case of the complainant in brief is that he purchased a car in the name of his son R. Dilip Kumar covered by an insurance policy issued by the respondent. While so on 17. 2. 2010 when he was returning from Hyderabad at about 5.00 p.m. there was heavy wind. It met with accident wherein the car was damaged. He was on pilgrimage between 17.2.2010 and 24.2.2010 and after his return immediately he gave a report to the police as well as to the insurance company. On that one Mr. Sukumar Kalab was appointed as surveyor who directed Mr. Mahender Reddy a mechanic to repair the vehicle, after obtaining claim form, policy copy, registration copy, driving license, estimate of repairs etc. Though the surveyor promised to pay the amount, however, when he went to the office, on 8.3.201...
Gellela Thirupalu Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Jan-18-2011
:: 1. This Criminal Appeal, under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, "Cr.P.C."), is directed against the judgment, dated 11.06.2007, in Sessions Case No.557 of 2005 on the file of the Sessions Judge, Anantapur, whereunder and whereby, the appellant/sole accused was found guilty of the offence punishable under Section 302 of the Indian Penal Code, 1860 (for short, "I.P.C.") and accordingly, convicted and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.1,000/-. 2. The brief facts that are necessary for disposal of the prosecution case may be stated as follows: The deceased, Gellela Durgaiah, was an Auto Driver by profession and he was residing in Sundaraiah Colony, Anantapur Rural Mandal. The accused and PW4 were also Auto Drivers. On 14.11.2004 at about 5:30 PM, the accused and PW.4 went to witness a movie by name 'Apparao Driving School' in Triveni theatre at Anantapur. At 9:30 PM, after witnessing the movie, they both went to a...
M.Rama Krishna Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Jan-18-2011
:: 1. This appeal is preferred by the appellant-sole accused under Section 374(2) of the Code of Criminal Procedure,1973 (for short "Cr.P.C") against the judgment, dated 29.03.2007, in S.C.No.61 of 2006 on the file of the court of Principal Sessions Judge, East Godavari District at Rajahmundry whereunder and whereby the sole accused was found guilty of the offence punishable under Section 302 of the Indian Penal Code,1860 (for short "IPC") and accordingly he was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs.500/- in default to suffer simple imprisonment for one month. 2. The facts, in brief, that are necessary for the disposal of the prosecution case are as under:-The accused and Puppala Siva Ramakrishna @ Sivaji (hereinafter referred to as 'the deceased) are residents of Bolleddupalem, Korukonda Mandal of East Godavari District. The deceased is maternal uncle of P.Ws.1 and 2. The deceased was having some agricultural land and he mediated certain disp...
Lt. Col. Brij Nath Singh Tyagi (Retd) Vs. the Manager, Punjab National ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jan-17-2011
Oral Order (As per Sri R.Lakshminarasimha Rao, Honble Member) 1. The complainant has filed the appeal challenging the order of the District forum whereby his complaint was dismissed on the ground that as there was insufficient funds in his account and the Bank was justified in return the cheque. 2. The factual matrix of the case is that the complainant is the account holder of the opposite party no.1 Bank bearing A/c No.3160000100124022 for about 15 years. The opposite party no.2 is responsible to debit the cheques in the accounts maintained by the opposite party no.1. The opposite party no.3 is the supervisory authority. The complainant submitted that he issued the cheque bearing No.881971 for `5,400/- to one Brig. P.S.P.Sarma(Retd) which was returned vide memo dated 8.9.2007 issued by the Syndicate Bank that no sufficient funds were there in his account. Though there was sufficient amount in the account as on 8.9.2007 the opposite parties returned the cheque. The action of the opposi...
S. Mallikarjunaiah Vs. the Divisional Manager United India Insurance C ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jan-17-2011
Oral Order: (Per Honble Justice D. Appa Rao, President) 1) This is an appeal preferred by the complainant dis-satisfied with the order in granting Rs. 1,50,000/- as against his claim of Rs. 3 lakhs. 2) The case of the complainant in brief is that he is a registered owner of vehicle A.P. 26 W 7236. He got it insured for the period from 20.4.2005 to 19.4.2006 for a sum of Rs. 3 lakhs. While so, on 4.1.2006 at about 6.00 a.m., it met with an accident and a case in Crime No. 3/2006 u/s 304-A IPC was registered. When the said fact was informed to the respondent insurance company a spot survey was conducted. Later it was brought to M/s. M.G. Brothers, Nellore an authorized dealer where he got it repaired. When claim was submitted the insurance company repudiated the same by its letter dt. 14.3.2007 on the ground that the cleaner drove the vehicle, and he was not authorized to drive. In fact the police after investigation filed charge sheet against the driver of the vehicle who caused acciden...
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