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Andhra Pradesh Court November 2011 Judgments

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Nov 29 2011

Madduru Papaiah (Died Per Lrs) Vs. Ch. Ramakrishna and ors

Court: Andhra Pradesh

Decided on: Nov-29-2011

L.NARASIMHA REDDY, J.JUDGMENT:1. Legal representatives of the sole plaintiff in O.S.No.540 of 1995 on the file of the Court of Junior Civil Judge, Hyderabad West and South, Ranga Reddy District, are the appellants. For the sake of convenience, the parties are referred to, as arrayed in the suit. The suit was fled for the relief of perpetual injunction in respect of 7 guntas of land in Sy.No.43 of Chandanagar Revenue Village, Ranga Reddy District. The case of the plaintiff was that his father, by name, Seethaiah was pattadar of 21 guntas of land in Sy.No.43 and that the name of his father was entered in various records, including the basic record of Khasara Phahani for the year 1954-55. It was also his case that after the death of his father, the property devolved upon himself and his brother, Anjaiah, and that since Anjaiah died issueless, he became the absolute owner of the property. He alleged that the defendants started interfering with his possession over the suit schedule property...


Nov 29 2011

M/S. Navya Chaitanya Housing (P) Ltd., Rep. by Its Managing Director V ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Nov-29-2011

(Typed to dictation of Smt. M. Shreesha, Honble Member) Aggrieved by the order in C.C.No.294/2007 on the file of District Forum-II,Krishna Dist . at Vijaywada , the opposite party preferred this appeal. The brief facts as set out in the complaint are that the complainant joined as a Member in the Housing Scheme promoted by the opposite party under the name and style of Sai Laxmi Nagar situated at Gollapudi Village, Krishna District. On 31.5.1997 he purchased a house plot of 200 sq.yards. The opposite party issued a Pass Book no.153 and allotted a plot no.1 in the said Sai Laxmi Nagar and the complainant deposited total amount of Rs.59,000/- by the end of December,2003. In June, 2005 the complainant was ready and willing to deposit the remaining balance in lumpsum and he requested the opposite party to register the plot. The complainant along with other subscribers by names A.Durga Prasada Rao, Battu John Rajesh Kumar, Battu Anne Sumalatha, Annavarapu Ammaji etc. demanded the opposite p...


Nov 28 2011

M/S.Bakelite Hylam Limited, Hyderabad Vs. the Commissioner of Income T ...

Court: Andhra Pradesh

Decided on: Nov-28-2011

V.V.S.RAO; B.N.RAO NALLA, J.ORDER:1. This is a reference under Section 256(1) of the Income Tax Act, 1961 (the Act). The following two questions have been referred to the opinion of this Court at the instance of the assessee with reference to the assessment years 1985-1986 and 1986-1987. Assessment Year 1985-1986 Whether on the facts and in the circumstances of the case, the Appellate Tribunal was correct in law in holding that the rentals amounting to Rs.2,80,259/- being the expenditure incurred for hiring space at various locations, shall be considered for the purposes of computation of disallowance u/s.37(3A) of the Income Tax Act, 1961, despite the fact that rentals are allowance u/s.30 of the Act?2. Assessment Year 1986-1987 Whether on the facts and in the circumstances of the case, the Tribunal was correct in holding that excise duty is a direct cost of manufacture even after recording a finding of fact that the moment goods are produced the levy is fastened?3. The second questio...


Nov 28 2011

Thallapalli Ramulu and Another Vs. the State of Andhra Pradesh Represe ...

Court: Andhra Pradesh

Decided on: Nov-28-2011

A. GOPAL REDDY; R.KANTHA RAO, JJ.JUDGMENT:1. This criminal appeal is filed against the judgment dated 19.12.2007 passed by the II Additional Sessions Judge, Karimnagar at Jagityal in Sessions Case No.365 of 2007.2. The appellants 1 and 2 were tried by the leaned Additional Sessions Judge for causing the death of Tallapalli Erra Narsaiah, deceased No.1 and Thonti Padda Gangaiah, deceased No.2 intentionally by beating them with deadly weapons viz. axe and iron rod and committing the offence punishable under Section 302 IPC. At the conclusion of the trial, the learned trial Court found both the accused guilty of the charge under Section 302 IPC, convicted them for the said charge and sentenced each of them to undergo imprisonment for life and to pay fine of Rs.2,000/-.3. Challenging the said order of conviction and sentence, the appellants preferred this appeal.4. We have heard Sri Nazeer Khan, learned counsel appearing for the appellants and the learned Additional Public Prosecutor repre...


Nov 28 2011

The Oriental Insurance Company Limited, Represented by Its Branch Mana ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Nov-28-2011

Oral Order (As per Sri R.Lakshminarasimha Rao, Honble Member) 1. The appeal is filed by the Oriental Insurance Company Ltd questioning the legality of the order directing it to pay an amount of `1,06,064/- with interest @9% p.a. and costs. 2. The respondent insured his Ambassador Car (Maxi-Cab) bearing registration No.AP-03/V 9221 with the appellant under policy No.432702/31/2009/366, valid from 24-04-2008 to 23-04-2009. The respondent is the owner-cum-driver of the vehicle. The respondent due to his personal work engaged a driver on his car. On 19.5.2008 while returning from Palamaner towards Chittoor along with two passengers B.Chengamma and Gnaneswari, the driver of the vehicle in order save an animal lost control over the steering of the vehicle resulting the car turned turtle. The car was badly damaged. The S.I. of Yadamari Police Station registered a case in Crime No.41/2008. 3. The respondent intimated the accident to the appellant and the appellant deputed a surveyor to assess ...


Nov 25 2011

A. Salija Venugopal, Proprietrix Vs. Muralidhar and Another

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Nov-25-2011

(Typed to dictation of Smt.M.Shreesha, Honble Member) Aggrieved by the order in C.C.No.186/2006 on the file of District Forum-II,Visakhapatnam, the opposite party preferred this appeal. The brief facts as set out in the complaint are that the complainants entered into a Construction Agreement for construction of Flat no.512 in the Fifth Floor of Theerthu Towers , M.V.P.Colony, Visakhapatnam which was registered with the sub Registrar, Visakhapatnam on 26.10.04 and the opp.party received Rs.9,47,500/- towards the consideration for the said flat and the complainants became absolute owners of the said flat through registered Sale Deed vide document no.4675/2004 dt.26.10.2004. The complainants submit that as per the agreement entered into with the opposite party, the opposite party has to provide all common facilities within 6 months and also finish the apartment in all respects as agreed upon including all facilities. But the opposite party handed over the semi finished to the complainan...


Nov 24 2011

G. Madhukar Reddy Vs. Canara Bank, Having Its Office at 3-5-168-1234, ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Nov-24-2011

(Typed to dictation of Smt.M.Shreesha, Honble Member) Aggrieved by the order in C.C.No.260/2010 on the file of District Forum-III, Hyderabad , the complainant preferred this appeal. The brief facts as set out in the complaint are that the complainant is a Business Man and is the Chairman and Managing Director of the retail pharmacy being run under the name and style of Medplus. The complainant opened an account with opp.party vide S.B.Account no.0649101040972 and he was issued a Cheque Book facility and he has been personally operating the bank account. On 23.12.2008 he noticed in the statement of account issued by the Bank that there were three illegal withdrawals from his account, the details of which are given hereunder: a).Rs.5,10,000/-withdrawn vide Cheque No.041225 on 15.6.2007 b).Rs.6,30,000/- withdrawn vide Cheque No.041233 on 16.6.2007 c).Rs.7,50,000/- withdrawn vide cheque no.041234 on 18.6.2007 . The complainant immediately informed the opposite party orally. The officials o...


Nov 24 2011

The Managing Director/General Manager, Sibar Institute of Dental Scien ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Nov-24-2011

(Typed to dictation of Smt. M. Shreesha, Honble Member) Aggrieved by the order in C.C.No.238/09 on the file of Dist. Forum-II, Krishna Dist.,opposite party no.1 preferred F.A.No.946/2010 and the complainants preferred F.A.No.136/2011. The brief facts as set out in the complaint are that the first complainant is the daughter of the second complainant and she joined in a 5 years BDS course by paying capitation fee on 19.7.2007 of Rs.4 lakhs cash and another amount of Rs.7,50,000/- on 1.6.07 vide voucher signed by Sri Krishna Mohan who was an authorized signatory. The complainant/student submits that she could not pass the first year course even after three attempts due to deficient coaching by the college staff and she sought to withdraw from the course and requested the opposite parties 2 and 3 to return the original certificates. The second opposite party obtained an undertaking vide letter from the first complainant that she was not eligible for any refund of fees. Thereafter she met ...


Nov 23 2011

E. Santhosh Rao Vs. Indian Institute of Hotel Management and F.T.Rep b ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Nov-23-2011

(Typed to dictation of Smt.M.Shreesha, Honble Member) Aggrieved by the order in C.C.No.156/07 on the file of Dist Forum, R.R.Dist. the complainant preferred this appeal. The brief facts as stated in the case are that the complainant approached opposite party no.1 and joined P.G.Diploma in Hotel Management and paid an amount of Rs.36,500/- towards course fee and was allotted an I.D.Card and placed in Aryan College of Hotel Management (OP.3) which is a part of opp.party no.2 Hotel Management College. The complainant was sent for Industrial Training as part of the course for 22 weeks where he suffered serious ill health. The course was not completed within the stipulated time and when the complainant questioned opposite party no.1 he was informed that the examination was to be conducted by O.U./Setwin. Vexed with their attitude, the complainant got issued notice to the opp.parties to refund his fees but did not receive any response. The complainant submits that he lost his career opportun...


Nov 23 2011

Kursheed Jahan Begum Vs. State Bank of India, Edi Bazara Branch (08026 ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Nov-23-2011

(Typed to dictation of Smt.M.Shreesha, Honble Member) Aggrieved by the order in C.C.No.598/2009 on the file of District Forum-II, Hyderabad, the complainant preferred this appeal. The brief facts as set out in the complaint are that the complainant, her husband Khaja Aliuddin and her son Khaja Ahmed Raziuddin are joint account holders of Savings Bank A/c.No.10114941377 (old a/c.No.01190016033) of opp.party no.1 since several years. Opposite parties offered insurance coverage under Super Suraksha for the account holders of State Bank of India and the complainants son obtained policy no.82001228910 annexed to his account no.10114941377 and he authorized opp.party no.1 to directly debit from his said account number for first premium and all the premiums every year on the Annual Renewal Date(ARD) . Opposite parties 2 and 3 issued Certificate of Insurance valid w.e.f. 30.9.2004. Opposite party no.3 handed over the brochure of the policy to the complainants son which clearly stipulates that ...


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