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Andhra Pradesh Court November 2012 Judgments

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Nov 06 2012

Landmark Developers and Others Vs. Govt. of A.P. and Others

Court: Andhra Pradesh

Decided on: Nov-06-2012

THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NOs.21217 of 2012 and Batch 06.11.2012 Landmark Developers & others Govt. of A.P. & others Counsel for the Petitioner : Sri Hari Sreedhar Counsel for the Respondents: Sri C.V.Mohan Reddy, Senior Advocate : : Cases referred:1. 1996 (1) ALT 10.(D.B.) 2) (2002) 1 Supreme Court Case3. AIR 198.SC 71.4) (2002) 1 Supreme Court Case5. (1998) 3 Supreme Court Case6. AIR 197.Supreme Cour7. AIR 200.Supreme Cour8. AIR 199.Supreme Court 1398 (1) 9) (1990) 1 Supreme Court Case10. 1994 (42) BLJR 52 WRIT PETITION NOs.21217 of 2012, 34216 of 2011, 34372 of 2011 and 26910 of 2012 COMMON ORDER:1. Since the subject matter of all the Writ Petitions is one and the same, they are being disposed of by this Common Order. WRIT PETITION No. 21217 of 2012:2. This Writ Petition is filed seeking to declare the order dated 07.05.2010 in Proceedings No.1343/R6-1/2010 passed by the second respondent-Director of Mines and Geology, Hyderabad on the basis of the orde...


Nov 06 2012

Andhra Pradesh State Road Transport Corp Vs. K. Mahesh @ Raj Kumar, S/ ...

Court: Andhra Pradesh

Decided on: Nov-06-2012

HON'BLE SRI JUSTICE K.G. SHANKAR MA CMA No.573 o06. 11.2012 Andhra Pradesh State Road Transport Corporation,rep.by its Managing Director, Musheerabad, Hyderabad-20 and another K. Mahesh @ Raj Kumar, S/o. Prabhakar, aged about 26 years, Occ: Vegetable Business,R/o. Shankarpally Village and Mandal, R.R. District. Counsel for the Appellants: C. Sunil Kumar Reddy,SC for APSRTC Counsel for the Respondent: V. Atchutaram : ?Cases referred:1. 2009 ACJ 129.JUDGMENT: The respondents before the Chairman, Motor Accident Claims Tribunal-cum- Chief Judge, City Civil Courts, Hyderabad, assailed the award dated 09.01.2009 granting compensation at Rs.5,72,100/- together with interest at 7.5% per annum from the date of petition till deposit in favour of the sole claimant. 2. The claimant was 23 years old at the time of the accident. On 28.02.2006, the claimant was proceeding in an auto from Sankarapally to Patancheru. By about 5.45 a.m., the auto reached the outskirts of Bhanur village. In the meanwhil...


Nov 06 2012

Bajaj Allianz Life Insurance Company Ltd. Rep. by Its Branch Manger Ka ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Nov-06-2012

ORAL ORDER: (Honble Sri Justice D. Appa Rao, President) 1) This is an appeal preferred by the opposite party insurance company against the order of the Dist. Forum directing it to pay Rs. 3 lakhs with interest @ 9% p.a., from 22.8.2008 the date of repudiation together with costs of Rs. 1,000/-. 2) The case of the complainant in brief is that complainant No. 1 is the mother and complainant No. 2 is the wife of late Nagesh. During his life time he had taken a policy for a sum of Rs. 3 lakhs with accident benefit covering the period between 17.5.2007 and 16.5.2008. Complainant No. 1 was shown as nominee. While so, Nagesh died on 1.5.2008 due to cardiac arrest. When they claimed the amount the insurance company repudiated by its letter dt. 22.8.2008 on the ground of non-disclosure of material facts. He suppressed Gardnerssyndrome with which he had suffered for five years. Assailing the repudiation they filed the complaint claiming the amount covered under the policy with interest from the ...


Nov 05 2012

Boina Golla Bagamma and Others Vs. Smt.C.Padmaja and Others.

Court: Andhra Pradesh

Decided on: Nov-05-2012

THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.5030 o05. 11.2012 Boina Golla Bagamma and others Smt.C.Padmaja and others. Counsel for petitioners: Sri E.Manohar Counsel for Respondent No.1 : Sri V.S.R.Anjaneyulu ^Counsel for Respondent No.2: Sri Kasa Jagan Mohan Reddy ^Counsel for Respondent No.3: Sri E.Ajay Reddy HEAD NOTE ?Cases referred ORDER: This revision is filed under Section 91 of the A.P. (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (for short 'the Act'). The petitioners challenge the order, dated 23.04.2001, passed by the Joint Collector, Ranga Reddy District, in an appeal preferred by the respondents herein, under Section 90 of the Act. The appeal, in turn, was directed against the order, dated 11.11.1997, passed by the Revenue Divisional Officer, Chevella, Ranga Reddy District (RDO). The facts that are relevant for the purpose of this case are: The 1st petitioner is the wife of Mallaiah, and petitioners 2 to 4 are their children. One Mohd. ...


Nov 05 2012

National Insurance Company Limited, Rep. Vs. Barla Bhadraiah, and 4 Ot ...

Court: Andhra Pradesh

Decided on: Nov-05-2012

HON'BLE SRI JUSTICE K.G. SHANKAR C.M.A. No.560 o05. 11.2012 National Insurance Company Limited, rep.by its Divisional Manager,611, VI Floor, Babukhan Estate, Basheerb Bagh, Hyderabad Barla Bhadraiah, and 4 others Counsel for the Appellant: T. Ramulu Counsel for the Respondents: A. Prabhakar Rao T. Rajanikanth Reddy : Cases referred:1. 1996 ACJ 117.2. 2009 ACJ 129.3. 2012 ACJ 200.JUDGMENT: Respondent No.3 before the Chairman, Motor Accident Claims Tribunal, Warangal, filed this appeal primarily questioning the quantum of compensation awarded by the Tribunal. Respondents 1 and 2 herein are the claimants. They sought compensation at Rs.3,00,000/- under Section 166 of the Motor Vehicles Act, 1988 and Rules thereunder for the death of their son-V. Chendra Sekhar @ Sekhar. After recording evidence and considering the respective claims, the Tribunal awarded compensation at Rs.1,55,671/- together with interest at 9% per annum from the date of petition till deposit.2. When the deceased was trav...


Nov 05 2012

Konda Varamma Vs. the District Judge, P.S.R. Nellore Distr

Court: Andhra Pradesh

Decided on: Nov-05-2012

THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY W.P. No. 29406 o05. 11.2012 Konda Varamma The District Judge, P.S.R. Nellore District and others. Counsel for the petitioner: Sri P. Rajasekhar Counsel for the respondents: GP for Revenue HEAD NOTE: ?Cases referred ORDER: Till recently, the Government and in particular, the Revenue and Forest Departments used to ensure that a perfect mechanism is maintained in the matter of land use. Forests were protected with utmost care. Even where the lands are classified as revenue, a decent balance used to be maintained between agricultural lands, water bodies, grazing porambokes and lands for other communal uses. However, not only the politicians, but also the bureaucrats contributed to the disturbance of the balance. The result is that irrigation tanks, their ayacuts, substantial extents of forests have disappeared. The policies that are followed would indicate that the cattle and the grazing lands have no relevance. The place that is specifically assi...


Nov 05 2012

The Depot Manager, Apsrtc, Zaheerabad Bu Vs. 1. B. Narasimhulu and Ano ...

Court: Andhra Pradesh

Decided on: Nov-05-2012

THE HONOURABLE Ms. JUSTICE G. ROHINI and THE HONOURABLE SRI JUSTICE C.PRAVEEN W.A.No.1253 o05. 11-2012 The Depot Manager, APSRTC, Zaheerabad Bus Depot, Medak District, Andhra Preadesh.1. B. Narasimhulu and another. Counsel for the appellant: Sri H. Venugopal Counsel for respondent No.1: Sri V. Narasimha Goud 1 (2009) 9 SCC 60.2 (2005) 2 SCC 36.3 (2006) 1 SCC 47.4 (1984) SUPP. SCC 57.5 (1973) 3 SCC 25.6 (2007) 2 SCC 43.JUDGMENT: (per the Honourable Sri Justice C. PRAVEEN KUMAR) 1. The present writ appeal is directed against an order dt. 9-11-2009 passed in Writ Petition No.28509/1998, wherein and whereunder the learned single Judge allowed the writ petition and directed the A.P. State. Road Transport Corporation to pay back wages which were denied by the Labour Court while passing the order of reinstatement.2. For the sake of convenience, the parties hereinafter will be referred to as they are arrayed in the writ petition.3. The brief facts, which led to the filing of the appeal are as ...


Nov 05 2012

Suvarna Bhoomi Developers P. Ltd. and Another Vs. Syed Aslam Basha

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Nov-05-2012

ORAL ORDER: (Honble Sri Justice D. Appa Rao, President) 1) This is an appeal preferred by the opposite party developer against the order of the Dist. Forum directing it to refund the amount paid towards purchase of plot. 2) The case of the complainant in brief is that when he intended to purchase a plot in Greater Hyderabad Municipal Corporation (GHMC) limits, he approached one of the employees of the appellant company Sri Ali, Marking Executive who in turn explained about the venture Suvarna Kuteer floated by them at Shadnagar. He visited the site and made him to pay Rs. 5,300/- including Rs. 300/- towards membership fee besides a sum of Rs. 30,000/- by way of cheque drawn on ICICI bank towards plot bearing No. 124 in Phase-IV, in Suvarna Kuteer with an assurance that he could cancel if he was not satisfied with the documents. He also informed that it comes under the purview of Hyderabad Metro Development Authority (HMDA). Though he requested, the appellant did not furnish any documen...


Nov 02 2012

Jannathal Mala Vs. S. Bala Ramudu and Another

Court: Andhra Pradesh

Decided on: Nov-02-2012

HON'BLE SRI JUSTICE G.KRISHNA MOHAN REDDY Crl.P.No.9187 o02. 11-2012 Jannathal Mala S. Bala Ramudu and another Counsel for the petitioner: Sri P. Veera Reddy Counsel for Respondents: Smt. P. Rajani Reddy : Cases referred:1. (2009) 1 SCC 72.:2009. CRI.L.J.1109(1) 2. (2009) 14 SCC 68.:2010. 1) SCJ 60.3. (1999) 7 SCC 51.ORDER: This Criminal Petition is filed under Section 482 Cr.P.C. to quash proceedings in S.T.C.No.87 of 2009 (STC) on the file of the Court of Judicial Magistrate of First Class, Jammalamadugu, Kadapa District, registered for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act') in favour of the petitioner herein.2. The petitioner herein is the accused and the first respondent herein is the complainant in the STC. For convenience sake, I refer the parties as arrayed in the STC.3. The complainant filed the complaint under Section 138 of the Act against the accused on the ground that the accused issued cheques in respect of a lega...


Nov 02 2012

New India Assurance Co. Ltd, Rep. by Its Vs. Dongre Sanjeev

Court: Andhra Pradesh

Decided on: Nov-02-2012

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR C.M.A. No.844 OF 200.02.11.2012 New India Assurance Co. Ltd, Rep. by its Branch Manager Branch near New Bus Stand Adilabad Dongre Sanjeev GIST: * HEAD NOTE: Counsel for Appellant: Sri T. Ramulu Counsel for Respondent: Sri Chandra Sekhar Cases referred 1 (2004) 8 SCC 55.2 (1998) 1 SCC 36.3 2007 ACJ 81.4 2002 ACJ 195.(SC2008. (1) ALD 21.6 2007 ACJ 82.7 2008 (1) ALD 15.8 2007 (6) ALD 30.(DB) JUDGMENT:1. This appeal is directed against the order dated 31.03.2003 passed in OP No.229 of 1999 on the file of The Motor Accidents Claims Tribunal - cum - Additional District Judge, Adilabad wherein the claim of the respondent herein was allowed awarding a sum of Rs.54,000/- with interest at 9% p.a. from the date of filing of the petition till the date of realization. 2 The respondent filed the claim petition before the Tribunal claiming compensation of Rs.1.00 lakh on account of injuries sustained by him in an accident that took place on 29.11.1998. Accord...


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