Andhra Pradesh Court November 2011 Judgments
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Ms Anand Agros Limited Vs. V.Yadaiah and anr
Court: Andhra Pradesh
Decided on: Nov-30-2011
G.KRISHNA MOHAN REDDY, J.ORDER:1. This Criminal Petition is filed under Section 482 Cr.P.C. to quash proceedings in Calender Case No.597 of 2008 on the file of the II Additional Metropolitan Magistrate filed under Section 138 N.I. Act for bouncing of two cheques claiming that in connection with business affairs under job work agreement, the petitioner/accused issued the two cheques; one for Rs. 2.00 lakhs and another for Rs. 1.00 lakh drawn on Lakshmi Vilas Limited, Kothapet Branch, Ranga Reddy District in favour of the 1st respondent/complainant and after the expiry of the job work agreement with the 1st respondent, the petitioner entered into another job work agreement with a third party and the petitioner instructed the bank to stop the payment of those cheques under intimation to the respondent No.1 and subsequently, a notice dt. 11.8.2006 was issued by the 1st respondent to the petitioner and the petitioner gave reply to it on 24.8.2006 and after the receipt of the notice, the pet...
Ms. Anand Agros Limited,registered Comp Vs. G. Srinivas and Another
Court: Andhra Pradesh
Decided on: Nov-30-2011
G. KRISHNA MOHAN REDDY, J.ORDER:1. This Criminal Petition is filed under Section 482 Cr.P.C. to quash proceedings in Calender Case No. 598 of 2008 registered for offence punishable under section 138 of N.I. Act, 1881 on the file of the II Additional Metropolitan Magistrate, Ranga Reddy District at L.B. Nagar, on the following grounds :In connection with business affairs under job work agreement, the petitioner/accused issued two cheques; one for Rs. 2.00 lakhs and another for Rs. 1.00 lakh drawn on Lakshmi Vilas Bank Limited, Kothapet Branch, Ranga Reddy District in favour of the 1st respondent/complainant. After expiry of the job work agreement with the respondent, the petitioner entered into job work agreement with a third party. The petitioner instructed the concerned bank to stop payment of those cheques under intimation to the respondent No.1. Subsequently, a notice dated 11.8.2006 was issued by the 1st respondent to the petitioner and the petitioner gave reply on 24.8.2006. After...
Krapa Vidyavathi and Two ors Vs. Life Insurance Corporation of India, ...
Court: Andhra Pradesh
Decided on: Nov-30-2011
K.G. SHANKAR, J.JUDGMENT:1. Whether any mis-statement in the proposal form for obtaining life insurance policy automatically exonerates the Life Insurance Corporation of India (the first defendant) from liability to honour the policy claim is the question of law that falls for consideration in this appeal.2. The first plaintiff is the wife of late Krapa Madhava Rao, insured in this case. He died intestate on 20.09.1982. The plaintiffs 2 and 3 are his sons. The second defendant was the mother of Madhava Rao. She died during the pendency of the suit. Consequently, defendants 3 to 5 were brought on record as the legal representatives of the deceased-second defendant. The third defendant died during the pendency of the appeal.3. When Madhava Rao died, the first plaintiff, who is the nominee of the policy, claimed the sum insured at ` 50,000/-. The first defendant declined to pay on the ground that Madhava Rao suppressed material information and that the policy consequently has become void....
Shiga Venkataiah Vs. V. Jagan Mohan Reddy
Court: Andhra Pradesh
Decided on: Nov-30-2011
G. ROHINI, J.ORDER :1. This Civil Revision Petition is directed against the order dated 18.01.2011 in I.A.No.385 of 2010 in O.S.No.2248 of 2009 on the file of the Court of the II-Additional Junior Civil Judge, Rangareddy District. The revision petitioner is the plaintiff. The brief facts are as under : The suit is filed against the respondent herein/defendant for perpetual injunction in respect of the suit schedule property. The plaintiff also filed I.A.No.1864 of 2009 under Order 39 Rules 1 & 2 of C.P.C. For temporary injunction. The case of the plaintiff is that the suit property was purchased by him from one Anantha Lakshmi under Registered Sale Deed dated 18.09.1997 and since then he has been in possession and enjoyment of the same. It was also pleaded that the plaintiff's vendor Anantha Lakshmi had purchased the said property from one B. Prathap Reddy under a Registered Sale Deed, dated 18.05.1966. Alleging that the defendant who is no way concerned with the suit schedule property...
Nagasamudrala Vasaraiah Vs. Dasam Kondaiah and Others
Court: Andhra Pradesh
Decided on: Nov-30-2011
L.NARASIMHA REDDY, J.JUDGMENT:1. The defendant in O.S.No.197 of 1998 on the file of the Principal Junior Civil Judge, Karimnagar, is the appellant. The respondent filed the suit for injunction in respect of 37 guntas of land in Sy.No.359/B of Algunoor Village, Thimmapur Mandal, Karimnagar District. It was pleaded that the suit schedule property, along with some other extent, was assigned to his father about 30 years ago, and after the death of his father, he has inherited the same. It was alleged that his name was entered in the revenue records, and that part of land was acquired by the Government. Alleging that the appellant is trying to interfere with his possession, he filed the suit for the relief of perpetual injunction.2. The appellant filed written-statement, opposing the suit. He pleaded that the respondent and two others by name, Dasam Parsaiah and Dasam Jampaiah sold an extent of one acre in Sy.No.359/B, including the suit schedule property, way back on 20-09-1992 under an un...
Dr. V. Kalyana Seetharatnaiah Vs. the Principal Katuri Medical College ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Nov-30-2011
Oral Order:(Per Sri R.Lakshmi Narasimha Rao, Honble Member.) 1. The unsuccessful complainant is the appellant. 2. The appellant joined MBBS with the respondent college in the year,2003. The duration of the course is from 2003 till 2008. The appellant has completed his MBBS in the year, 2009. At the time of the admission with the respondent college, the appellant paid tuition fee and other fee as required and he has also paid a sum of `10,000/- towards caution deposit with the respondent college which has to be returned to him after completion of the course. After the completion of the course the appellant requested the respondent college to return the amount of `10,000/- deposited under the head caution deposit. 3. The appellants version is that when he approached the respondent college with a request for return of the caution deposit, the respondent college had taken the receipt on the pretext that the amount would be paid to him and thereafter the respondent college refused to return...
Mahindra and Mahindra Financial Services Ltd. Vs. Avuthu Vijaya Lakhsm ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Nov-30-2011
Oral Order:(Per Sri R.Lakshmi Narasimha Rao, Honble Member.) 1. The first respondent purchased Tractor bearing AP 16BK 5591 on finance for a sum of ` 3 lakh from the appellant company in the month of December 2008. The first respondent entered into loan Agreement dated 22-10-2008 with the appellant company. The loan amount is payable with interest in 12 equated quarterly installments @ ` 38,067/-. The first respondent committed default in payment of the installments as a result of which the appellant company repossessed the vehicle and sold it away to third party. 2. The first respondent contends that she had obtained loan to the tune of `3,00,000/- repayable in quarterly installments @ `38,000/- and the amount of `76,135/- fell due till the month of Jaunary,2010. The appellant seized the vehicle without issuing any notice and subsequently issued notice informing the first respondent to settle the overdue finance installment amount and take back the vehicle. The first respondent paid t...
Dr. G. Koulaiah Vs. J. Srinivas
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Nov-30-2011
(Typed to dictation of Smt.M.Shreesha, Honble Member) Aggrieved by the order in C.C.No.416/1995 on the file of District Forum , Nizamabad the opposite party preferred an appeal before this Commission and the said appeal was dismissed. Aggrieved by the order of this Commission the appellant/opposite party preferred Revision Petition No.2631/2007 before the National Commission. The National Commission vide its order dt.17.8.2011 remanded the case to the State Commission to decide it afresh in accordance with law after taking into consideration the documents cited . The brief facts as set out in the complaint are that the complainant fell down from a tree on 12.3.1995 and he was brought to the opposite party on the same day evening. Opposite party examined him and stated that he sustained fracture to his right hand and advised him to be admitted as an in patient and collected Rs.250/- as his fees and Rs.616.50 ps. towards cost of medicines and materials for putting bandage. Thereafter the...
Veeragandam Venkateswarlu Vs. Nerella Veeraswamy
Court: Andhra Pradesh
Decided on: Nov-29-2011
1. It was not without reason that an adage got currency to the effect that the troubles of a plaintiff in a suit start after the decree is passed in his favour. 2. The petitioner filed O.S.No.397 of 1996 in the Court of I Additional Junior Civil Judge, Ongole against the respondent for recovery of amount, on the basis of a promissory note. The suit was decreed long back and after the decree became final, the petitioner filed E.P.No.315 of 2003 for execution of the decree, dated 17.01.1997. The respondent held shares in M/s.NFC. An order of attachment was passed on 03.03.2006 and the attachment was made absolute on 26.02.2007. The petitioner filed E.A.No.1407 of 2007 with a prayer to send for about 2000 shares of NFC for being sold for recovery of the suit amount. At one stage, the trial Court passed an order directing the garnishee to sell the shares. 3. On 07.02.2008, the garnishee addressed a letter stating that the share certificates are with the respondent and unless they are depos...
Smt. Ramasalamma Vs. Potturi Venkata Srinivasa Raju
Court: Andhra Pradesh
Decided on: Nov-29-2011
JUDGMENT:1. The second appeal is against the judgment and decree in A.S. No.20 of 2006 on the file of the Principal District Judge, Ranga Reddy District, dated 30-04-2009, by which the appeal was dismissed without costs and the judgment and decree in O.S. No.643 of 2001 on the file of IV Additional Senior Civil Judge's Court (Fast Track Court), Ranga Reddy District, dated 29-12-2005 by which the suit was dismissed with costs, were confirmed.2. The parties are referred to herein as they are arrayed in the suit.3. The plaintiff filed the suit for recovery of Rs.2,25,392/- on the basis of four pronotes dated 01-08-1998, 02-09-1998, 01-02-1999 and 05-01-2000 for Rs.40,000/- each executed by the defendant in favour of Peda Basi Reddy, husband of the plaintiff. The defendant was stated to be a family friend of V. Subba Reddy, the plaintiff's brother, leading to the borrowal for his family expenses and constructing a building agreeing to repay the same with interest at 24 per cent per annum. ...
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