Andhra Pradesh Court March 2011 Judgments
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The Commissioner of Customs and Central Excise Vs. M/S H.B. Cargo Serv ...
Court: Andhra Pradesh
Decided on: Mar-31-2011
1. This appeal, under Section 130 of the Customs Act, 1962, is preferred against Order No.470/2010 in Customs Appeal No.357/2009 on the file of the Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench, Bangalore (CESTAT) dated 17.2.2010 whereby the order of the Commissioner of Customs and Central Excise, Hyderabad dated 12.12.2008, revoking the CHA licence issued to the respondent under Regulation 20 of the Custom House Agent Licensing Regulations, 2004 (CHALR), was vacated. 2. The respondent herein was authorized to transact business as a Customs House Agent (CHA) vide License No.02/2002 with effect from 6.6.2002. The partner and authorized signatory of the CHA submitted four shipping bills, (No.2952 to 2955 dated 17.3.2004), on behalf of M/s. Globle Fashions (Exim) India, Goa at the ICD, Hyderabad for export of goods declared as "Ladies Nightwear" valued at Rs.1,15,96,832/- (FOB). On the basis of these four shipp...
Nimrah Estate Private Limited. Vs the Government of Andhra Pradesh and ...
Court: Andhra Pradesh
Decided on: Mar-31-2011
1.The petitioner is a Private Limited Company and it purchased property, bearing No.20-4-62/J to M at Punch Mohalla, Hyderabad. The 3rd respondent is the owner of a plot of 20 x 24 feet, in premises bearing No.20-4-87 and 88, Shalibanda, Hyderabad. The petitioner owns property in three sides of the property of the 3rd respondent. The road in the locality was widened, in which nearly 20 feet in depth, was affected. The 3rd respondent is left with a strip of 20 x 8 feet (according to the petitioner 20 x 5 feet). The Government of Andhra Pradesh and the Municipal Corporation of Hyderabad evolved schemes for the benefit of owners of the properties that are affected in the widening of the road. Relaxation on certain aspects is provided for. 2.The 3rd respondent submitted an application to the Municipal Corporation, the 2nd respondent, seeking permission to construct, in the left over strip of the land. The 2nd respondent forwarded the application to the 1st respondent, for grant of certain ...
M/S. Country Club (India) Limited, Rep. by Amrutha Estates and Another ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Mar-31-2011
Oral Order (Per Smt.M.Shreesha, Honble Member.) Aggrieved by the order in C.C.No.159/2010 on the file District Forum-III, Hyderabad, the complainant preferred F.A.19/2011 and opp.party preferred F.A.18/2011. Since both these appeals arise out of a common complaint C.C.No.159/2010 they are being disposed of by this common order. The brief facts as set out in the complaint are that the complainant on 28.10.2007 purchased plot no.187 and paid the entire amount of Rs.2,06,200/- . The opp.party accepting the offer made by their company representative one Mr.David Raj who offered to sell the club house plot at Golf Village near Gangaon town admeasuring 450 sq. yards plot no.187 adjacent to the park and Golf Course with free club membership and free holiday packages for 5 years and a free trip to Goa for four people. But thereafter vide letter dt.12.6.2008 the opposite party denied all the promises and did not send any free holiday packages, air tickets and also offered to allot another plot ...
M/S Mahindra and Mahindra Financial Services Ltd., Rep. by Its Branch ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Mar-31-2011
Oral Order ( As per R.Lakshminarsimha Rao, Member) 1. The opposite parties are the appellant. 2. The respondent availed a loan of Rs.3 lakh from the appellant no.1 and executed a loan agreement on 29.10.2005. The loan amount was repayable in six equated half-yearly instalments amounting to `3,94,500/- commencing from 29.4.2006 to 29.10.2008. The respondent had paid the first instalment on 6.9.2006. The vehicle was repossessed by the appellant on 15.12.2007 for the default committed by the respondent in payment of the instalments due. 3. The respondent had contended that the appellants had repossessed the vehicle without any prior notice to him as also the appellants had demanded penal interest. It was contended that on account of seizure of the vehicle he lost his income and claimed for an amount of Rs.one lakh with interest towards damages and `20,000/- towards compensation besides seeking a direction for return of five blank cheques as also for return of the tractor. 4. The learned c...
M/S. Gati Ltd., Vs. M/S. Digipro Projections (P) Ltd.
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Mar-31-2011
Oral Order (Per Smt.M.Shreesha, Honble Member.) Aggrieved by the order in C.C.No.245/08 on the file of Dist. Forum-III, Hyderabad, the opp.party preferred this appeal The brief facts as stated in the complaint are that the complainant is a private limited company engaged in supplying audio visual equipment including LCD projectors which are supplied to their clients in different parts of the country. On 16.3.2006 the complainant issued an invoice for Rs.1,04,208/- and booked a consignment with the opp.party to deliver Optoma EP.729 DLP Projector at Kochi . The opp.party charged Rs.305/- towards freight charges payable by the consignee on delivery. After dispatch the consignee was not in a position to take delivery and therefore the complainant recalled the consignment and directed opp.party to redeliver it back to their office on 31.3.2006 for Rs.779/-. Opp.party delivered the sealed parcel on 4.4.06. The complainant submits that the original package was tampered and Digipro Brand Tape...
icici Bank Ltd., Rep. by Its Manager Vs. B.Vijaya Lakshmi
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Mar-31-2011
Oral Order (As per Sri R.Lakshminarasimha Rao, Honble Member) 1. The ICICI Bank Limited Hyderabad has filed the appeal against the order of the District Forum. The District Forum has directed the appellant to return the tractor in roadworthy condition and pay `25,000/- towards compensation to the respondent. 2. The respondent has filed complaint stating that he purchased a tractor bearing registration No.AP22F 7013 for a sum of `3,60,000/- and of the said amount the appellant had financed a sum of `2 lakh repayable at quarterly rests @ `21,000/-. It was stated that the appellant bank on 23.12.2006 repossessed the vehicle with a demand to pay `1,50,000/- by the respondent. The respondent has got issued notice dated 27.6.2007 through his advocate requesting the appellant bank to give back his tractor. 3. The District forum has observed that the service of notice to the appellant bank was sufficient. It was observed: A notice was served on the opposite party which was returned unserved as...
The Commissioner of Customs. Vs. M/S. H.B. Cargo Services.
Court: Andhra Pradesh
Decided on: Mar-30-2011
1. This appeal, under Section 130 of the Customs Act, 1962, is preferred against Order No.470/2010 in Customs Appeal No.357/2009 on the file of the Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench, Bangalore (CESTAT) dated 17.2.2010 whereby the order of the Commissioner of Customs and Central Excise, Hyderabad dated 12.12.2008, revoking the CHA licence issued to The respondent under Regulation 20 of the Custom House Agent Licensing Regulations, 2004 (CHALR), was vacated. 2. The respondent herein was authorized to transact business as a Customs House Agent (CHA) vides License No.02/2002 with effect from 6.6.2002. The partner and authorized signatory of the CHA submitted four shipping bills, (No.2952 to 2955 dated 17.3.2004), on behalf of M/s. Globle Fashions (Exim) India, Goa at the ICD, Hyderabad for export of goods declared as "Ladies Nightwear" valued at Rs.1,15,96,832/- (FOB). On the basis of these four shipping bills M/s Globle Fashions claimed DEPB credit at 1...
The Commissioner of Customs and Central Excise, Hyderabad Vs.H.B. Carg ...
Court: Andhra Pradesh
Decided on: Mar-30-2011
1. This appeal, under Section 130 of the Customs Act, 1962, is preferred against Order No.470/2010 in Customs Appeal No. 357/2009 on the file of the Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench, Bangalore (CESTAT) dated 17.2.2010 whereby the order of the Commissioner of Customs and Central Excise, Hyderabad dated 12.12.2008, revoking the CHA licence issued tothe respondent under Regulation 20 of the Custom House Agent Licensing Regulations, 2004 (CHALR), was vacated. 2. The respondent herein was authorized to transact business as a Customs House Agent (CHA) vide License No.02/2002 with effect from 6.6.2002. The partner and authorized signatory of the CHA submitted four shipping bills, (No.2952 to 2955 dated 17.3.2004), on behalf of M/s. Globle Fashions (Exim) India, Goa at the ICD, Hyderabad for export of goods declared as "Ladies Nightwear" valued at Rs.1,15,96,832/- (FOB). On the basis of these four shipping bills M/s Globle Fashions claimed DEPB credit at 1...
M/S.Bilasraika Sponge Iron Pvt. Ltd. Vs. M/S.Devi Trading Company.
Court: Andhra Pradesh
Decided on: Mar-30-2011
1. The respondent in this appeal filed an Arbitration Original Petition (O.P.) under Section 9 of the Arbitration and Conciliation Act, 1996 (for short 'the 1996 Act') for a direction to the appellant herein to furnish security for US $ 797951.42 equivalent to Rs.3,63,06,789-81 Ps., (at the rate of Rs.45-50 ps., per US $). Along therewith it filed an application under Section 9 of the 1996 Act read with Order XXXVIII Rule 5 and Section 151 of the Code of Civil Procedure, 1908 (for short 'the CPC') for a direction to the appellant herein to furnish security for the aforesaid amount within three days and for a simultaneous order of conditional attachment of the petition schedule properties, pending disposal of the O.P. 2. As the concerned Court, of the learned Chief Judge, City Civil Court, Hyderabad was in vacation, the respondent moved this Court under Section 33 of the Andhra Pradesh Civil Courts Act, 1972 (for short 'the 1972 Act') read with Section 151 CPC by way of Receive and Tran...
M/S Mallikarjuna Transport and Another Vs. the Singareni Collieries Co ...
Court: Andhra Pradesh
Decided on: Mar-30-2011
1. In this batch of writ petitions, common question arises for consideration. Hence, they are disposed of, through a common judgment. 2. The petitioner in W.P.No.11107 of 2009 is M/s Mallikarjuna Transport, and in all other writ petitions, it is Sri Srinivasa Transport. The petitioners were assigned the contract by M/s Singareni Collieries Company Ltd., (for short 'the Company') for transporting of coal from an Incline to the dumping units, for different periods. 3. In every contract, the particulars as to lead, Kilometers, approximate quantity of coal to be transported, the rate per tonne for each of the destinations, and, ultimately, the total value of the contract are furnished. It is also stipulated that, it shall be the obligation of the contractor to engage machines or trucks, workmen, and to make contributions under different enactments. 4. The Company made deductions of different kinds from the bills payable to the petitioners. One such deduction is the ...