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Andhra Pradesh Court December 2011 Judgments

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Dec 21 2011

Kunji Bai G. Chugani Vs. Fashions, Rep. by Ram Moorjani,

Court: Andhra Pradesh

Decided on: Dec-21-2011

B.CHANDRA KUMAR, J.Order:1. This Civil Revision Petition is directed against the order, dated 10.02.2009, passed by the Additional Chief Judge, City Small Causes Court, Hyderabad (Appellate Authority) in R.A.No.94 of 2008, whereby and whereunder, the Appellate Authority has set aside the orders of the Principal Rent Controller, Secunderabad, passed in R.C.No.137 of 2006, dated 27.03.2008. The parties hereinafter will be referred to as they are arrayed before the Principal Rent Controller for the sake of convenience. The petitioner is a landlady. Her simple case is that she is the owner of the shop bearing No.1-2-74 to 76, admeasuring about 1400 square feet, situated at Parklane, Secunderabad (hereinafter referred to as petition schedule shop). The respondent is her tenant and the agreed rent is Rs.900/- per month. The petitioner's sons and husband are carrying on business under the name and style of "Ramesh Watch Company" from a tenanted shop bearing No.127 and 128 (old) corresponding ...


Dec 21 2011

Dr. G. Jaya Prakash Vs. Sk. Hameed Khan

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-21-2011

(Typed to dictation of Smt.M.Shreesha, Honble Member) Aggrieved by the order in C.C.No.7/2009 on the file of District Forum, Nizamabad, opposite party preferred this appeal. The brief facts as set out in the complaint are that the complainant, a welder, while doing welding work fell down and received a fracture to his right hand and approached opposite party doctor where he was treated from 22-3-2008 to 07-4-2008 and surgery was also done to his right hand and a steel rod was inserted with screws and he was discharged. The complainant submitted that he followed the instructions of the opposite party doctor regularly but even after two months, he wound was not cured and there was pain. The complainant submitted that when he enquired with doctor, he came to know that the rod inserted is inch excess in length than required. On 10-7-2008, the complainant was again admitted in the opposite party hospital and he was informed that the rod had to be removed immediately. The complainant submit...


Dec 21 2011

Kitti Financiers Pvt. Ltd., Jeevan Lal Complex, Hanamkonda Chowrasta V ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-21-2011

(Typed to dictation of Smt.M.Shreesha, Honble Member) Aggrieved by the order in C.D.No.53/2006 on the file of District Forum, Warangal, the opposite party no.1 preferred F.A.No.193/2010 and aggrieved by the order in C.D.No.52/2006 on the file of Dist Forum, Warangal, opposite party no.1 preferred F.A.No.194/2010. As both these appeals are against the same opposite parties they are being disposed of by this common order . F.A.193/2010 : The brief facts as set out in the complaint are that the complainants both husband and wife deposited an amount of Rs.85,000/- on 4.5.98 for a period of seven and a half years, the maturity date being 3.11.2005, for which opposite party no.1 executed a fixed deposit certificate bearing no.123 in the name of both the complainants as collateral security. After execution of FDC, opposite parties 1 and 2 assured the complainant that they would get interest of Rs.1700/- per month i.e. @ 24% p.a. Opp.parties paid interest from 5.5.98 to 4.1.2000 and assured th...


Dec 20 2011

M. Raghunadha Rao and ors. Vs. the State of A.P., and ors.

Court: Andhra Pradesh

Decided on: Dec-20-2011

C.V. NAGARJUNA REDDY, J.ORDER:1. The petitioners, whose lands were proposed to be acquired for providing house sites to the displaced persons of Padthanpalli, Karnamamidi and Kondapalli villages, which got submerged under Sripada Sagar Project, filed this Writ Petition assailing the acquisition proceedings.2. Even though several grounds have been raised seeking invalidation of the acquisition proceedings by the petitioners in their affidavit, Sri Mangena Sreerama Rao, learned counsel for the petitioners, advanced the only contention that the whole acquisition proceedings have lapsed, as the respondents have failed to pass the award within two years of publication of declaration under Section 6 of the Land Acquisition Act, 1894 (for short, "the Act"). The learned counsel argued that even though in Writ Petition No.9486 of 2008 filed by similarly placed persons, an interim order was granted by this Court on 24.06.2008, only to the limited extent of dispossession and that therefore there ...


Dec 20 2011

Mukkala Konda Reddy and Others Vs. the State of A.P., Rep., by Its Sec ...

Court: Andhra Pradesh

Decided on: Dec-20-2011

C.V. NAGARJUNA REDDY, J.ORDER:1. This Writ Petition is filed for a Mandamus to direct the respondents to pay the enhanced compensation as per the common judgment and decree, dated 12.12.2002, in LAOP.Nos.422 to 427 of 1987 on the file of the learned Additional Senior Civil Judge, Guntur (for short, "the Civil Court").2. I have heard Sri G. Dharma Rao, learned counsel for the petitioners and perused the record.3. The lands belonging to the petitioners were acquired and awards were passed. Feeling dissatisfied with the inadequacy of compensation, the petitioners have sought for reference under Section 18 of the Land Acquisition Act, 1894 (for short, "the Act"). Accordingly, the references were made and registered as LAOP.Nos.422 to 427 of 1987 in the Civil Court. By a common judgment and decree, dated 12.12.2002, the references were disposed of by the Civil Court. The petitioners pleaded that dissatisfied with the limited enhancement made by the Civil Court, they have filed A.S.No.671 of...


Dec 20 2011

New India Assurance Company Ltd., Rep. by Its Branch Manager, Nellore ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-20-2011

(Typed to dictation of Smt.M.Shreesha, Honble Member) Aggrieved by the order in C.C.No.123/2007 on the file of District Forum, Nellore, opposite party preferred this appeal. The brief facts as set out in the complaint are that the complainant is doing business in furniture under the name and style of M/s Sai Imported Furnitures at Jonnalagaddavari Street, Nellore. He obtained a Standard Fire and Special Perils policy from the opposite party vide policy bearing No.621101/11/04/0150 with the risk commencing from 31-12-2004 to 30-12-2005 wherein he insured his business stock for a sum of Rs.10 lakhs. On 27/28-10-2005 due to heavy rains at Nellore, the flood water entered into the complainants business premises and caused damage to the stock worth Rs.8,00,000/-. On 28-10-2005 the complainant informed the same to the officials of the opposite party at about 10.30 a.m. and on the same day, the Branch Manager of the opposite party and a surveyor inspected the complainants business premises an...


Dec 20 2011

M/S. Eastern Power Distribution Company of Andhra Pradesh Limited, Rep ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-20-2011

(Typed to dictation of Smt.M.Shreesha, Honble Member) Aggrieved by the order in C.C.No.262/09 on the file of District Forum-II, Visakhapatnam, the opposite parties preferred this appeal. The brief facts as set out in the complaint are That the complainant is a resident of Kandivaram Village, Cheedikada Mandal, Visakhapatnam Dist. and she is doing her profession as Rajaka (washing and ironing the clothes) and earning an amount of Rs.3000/- per month. On 12.8.2008 at about 5.40 a.m. while she is going to get the tea suddenly electrical wire fell on her right leg ankle and because of power in that line her leg was burnt and she became unconscious. Immediately with the help of Mr.Ramamurthy and local persons she was joined in a Chodavaram Govt. Hospital through 108 Ambulance and on the next day i.e. on 13.8.08 she was sent from there to K.G.Hospital Burns Ward for medical treatment. The doctors in K.G.Hospital removed the complainants right leg upto the knee level. On account of deficiency...


Dec 20 2011

Sss Promoters, Developers, Constructions, Marketeers. Rep. by Its Mana ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-20-2011

(Typed to dictation of Smt.M.Shreesha, Honble Member) Aggrieved by the order in C.C.No.516/2009 on the file of Dist Forum-II, Visakhapatnam , the opposite parties preferred this appeal. The brief facts as set out in the complaint are that the complainant approached opposite party for purchase of house plot attracted by the publicity and colorful brochures campaigned by opp.party through publicity for purchase of house plot under VSG Golden Estates Amanam Venture near Tagarapuvalasa Village and paid an amount of Rs.10,000/- on 14.12.2008 for which receipt no.18 dated 14.12.2008 was issued. Subsequently the complainant paid an amount of Rs.90,000/- by way of cheque dt.2.1.2009 for which another receipt no.21 was issued and the said cheque was encashed by the opp.party. Thereafter the complainant approached opposite party and expressed his willingness to pay the balance amount if any to get the plot registered in his name. But the opposite party went on postponing the matter on one pretex...


Dec 19 2011

N. Bayyapu Reddy and 3 Others. Vs. M. Surya Prakash and 5 Others.

Court: Andhra Pradesh

Decided on: Dec-19-2011

1. The revision petitioners are the defendants 14 to 17 in O.S.No.99 of 2002 on the file of the Court of the III-Addl. District & Sessions Judge (FTC), R.R. District at L.B. Nagar. 2. The respondents 1 to 10 herein are the plaintiffs, whereas the respondents 11 to 24 herein are the other defendants to the suit. 3. The suit was filed for partition and separate possession of the plaintiffs' share in the suit schedule properties. Admittedly the suit summons were served and appearance was entered on behalf of the revision petitioners / defendants 14 to 17, However they failed to file their written statements. Hence the defendants 14 & 17 were set ex parte on 6.3.2003, the defendant No.15 was set ex parte on 25.6.2003 and the defendant No.16 was set ex parte on 24.10.2003. 4. Long thereafter, on 19.9.2008 they filed I.A.No.330 of 2008 under Order 9 Rule 7 of C.P.C. to set aside the ex parte orders dated 6.3.2003, 25.6.2003 and 24.10.2003 and permit them to file written statement and...


Dec 19 2011

M.T.V. Murali Krishna and 2 Others Vs. M. Rama Raju and 2 ors

Court: Andhra Pradesh

Decided on: Dec-19-2011

G. ROHINI, J.COMMON ORDER:1. These two Civil Revision Petitions are directed against the common order dated 20.7.2011 passed by the Court of III-Addl. District Judge (FTC), R.R. District in I.A.No.233 of 2011 in A.S.No.157 of 2008 and I.A.No.272 of 2011 in A.S.No.156 of 2008.2. The revision petitioners are the appellants in both A.S.Nos.156 & 157 of 2008. The said appeals were preferred aggrieved by the common judgement, dated 22.7.2008 in O.S.No.935 of 2000 and O.S.No.137 of 2001 on the file of the Court of Principal Junior Civil Judge, Rangareddy District.3. The above said suits were filed by the revision petitioners against the respondents herein for perpetual injunction in respect of the plaint schedule property which was described as 355 sq. yards of land consisting a well situated in Sy.No.31 bearing premises No.7-2-93 situated at Bairamalguda Village, Saroornagar Mandal, Rangareddy District. Both the suits were dismissed by the Trial Court by common judgment dated 22.7.2008. Agg...


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