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Andhra Pradesh Court February 2012 Judgments

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Feb 29 2012

The New India Assurance Company Limited, Vs. Smt. Mandava Krishna Kuma ...

Court: Andhra Pradesh

Decided on: Feb-29-2012

JUDGMENT:- 1. The appeal is filed by the Insurance Company against the award dated 30-12-2002 passed by the Commissioner for Workmen's Compensation, Eluru in W.C. Case No.18 of 2001. 2. The applicants are the dependents of the deceased-Mandava Ramesh who is said to be a lorry driver and getting a salary of Rs.2,500/- per month including batta from Opposite party No.1. According to the applicants, while the deceased was on duty on 10-04-2001 at about 9.00 A.M at Mangapet village, during the transit of the lorry when he was cooking the food, his lungi caught fired and received severe burnt injuries and succumbed to injuries on 18-04-2001. Accordingly, a claim for compensation of Rs.3 lakh was made. 3. Opposite Party No.1 was served by publication. Opposite Party No.2 who is the appellant herein denied the liability and also the cause of death and claimed that there is no nexus between the cause of death and employment and, therefore, the appellant is not liable to pay the said amount. Th...


Feb 29 2012

A. Ashok Vardhan Reddy and Others Vs. Smt. P. Savitha and anr

Court: Andhra Pradesh

Decided on: Feb-29-2012

COMMON ORDER: 1. The petitioners in Criminal Petition No.7063 of 2008 are accused 1 to 3 in C.C. No.48 of 2008 on the file of the II Metropolitan Magistrate, Cyberabad at L.B. Nagar, Ranga Reddy District. 2. The Woman Sub-Inspector of Police, Saroornagar women police station filed the charge-sheet in the said case alleging that P. Krishna Reddy and P. Kalavathi are the parents of Saritha, the 1st respondent in Criminal Petition No.7063 of 2008. Saritha was married to the 1st accused on 27-08-2005 and on the same day the 1st accused and Saritha left for the United States of America, as Saritha had to report at West Virginia University on 29-08-2005. Soon after arriving at the United States of America, the 1st accused demanded Saritha for money and took away 35 tulas of gold from her. The parents of Saritha visited the United States of America from 12-10-2005 to 07-11-2005 and still the 1st accused harassed Saritha physically and mentally and threatened her and her parents. Saritha gave ...


Feb 29 2012

A. Ashok Vardhan Reddy and Others Vs. Smt. P. Savitha and Another

Court: Andhra Pradesh

Decided on: Feb-29-2012

HON'BLE SRI JUSTICE G. BHAVANI PRASAD Criminal Petition Nos.7063 of 2008 and 2539 o29. 02/2012 A. Ashok Vardhan Reddy and others Smt. P. Savitha and another COUNSEL FOR THE PETITIONERS: Sri T. Pradyumna Kumar Reddy COUNSEL FOR 1ST RESPONDENT: Sri P. Krishna Reddy ^COUNSEL FOR 2ND RESPONDENT: -- Crl.P. No.2539 of 2009: A. Ashok Vardhan Reddy and others ... Petitioners State of A.P. represented by Public Prosecutor, High Court of Andhra Pradesh, Hyderabad and another ...Respondents COUNSEL FOR THE PETITIONERS: Sri Sharad Sanghi COUNSEL FOR 1ST RESPONDENT: -- COUNSEL FOR 2ND RESPONDENT: Sri P. Krishna Reddy CITATIONS:1. 1992 (3) ALT 46.2. 2002 (1) ALT (Crl.) 300 (D.B.) (A.P.) 3. 2008 (TLS) 1227198 4. 2008(2) Crimes 235 (M.P.) 5. 2006 (TLS6. 2009 (2) ALD (Crl.) 155 (AP) 7. 2011 (2) MLJ (Cri8. AIR 199.SC 140.9. 2010(2) ALD (Crl.) 689 (AP) 10. 2007 Crl.L.J.3361 = 2007(2) ALD (Crl.11. AIR 200.SC 89.12. AIR 199.SC 184.13. 2009(1) ALT (Crl.) 285 (A.P.) 14. 2008(2) ALD (Crl.) 1 (AP) 15. 2010 (1)...


Feb 29 2012

The New India Assurance Company Limited, Vs. Smt. Mandava Krishna Kuma ...

Court: Andhra Pradesh

Decided on: Feb-29-2012

THE HONOURABLE SRI JUSTICE N.R.L.NAGESWARA RAO C.M.A.NO.81 OF 201.29-02-2012 The New India Assurance Company Limited, represented by its Branch Manager Smt. Mandava Krishna Kumari and others Counsel for the Appellant : Sri Kota Subba Rao Counsel for the Respondents: Cases referred:2009. ACJ 72.JUDGMENT:- The appeal is filed by the Insurance Company against the award dated 30-12-2002 passed by the Commissioner for Workmen's Compensation, Eluru in W.C. Case No.18 of 2001. The applicants are the dependents of the deceased-Mandava Ramesh who is said to be a lorry driver and getting a salary of Rs.2,500/- per month including batta from Opposite party No.1. According to the applicants, while the deceased was on duty on 10-04-2001 at about 9.00 A.M at Mangapet village, during the transit of the lorry when he was cooking the food, his lungi caught fired and received severe burnt injuries and succumbed to injuries on 18-04-2001. Accordingly, a claim for compensation of Rs.3 lakh was made. Oppos...


Feb 29 2012

Saga Sridevi and Others Vs. the Manager Birla Sun Life Insurance Co. L ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Feb-29-2012

Oral Order (Per Smt.M.Shreesha Honble Member) Aggrieved by the order in C.C.No.63/2008 on the file of District Forum-I, Krishna at Machilipatnam, the complainants preferred this appeal. The brief facts as set out in the complaint are that the complainants are wife and children of late Durga Rao who insured his life with opposite parties for a sum of Rs.2,50,000/- and paid an amount of Rs.50,000/- towards first premium on 19-12-2007. The date of maturity of the policy was 19-12-2015 and complainant No.1 was shown as nominee under the said policy. On 16-4-2008, the insured died due to heart failure and the 1st complainant intimated the death of the policy holder and submitted all the papers. The opposite parties did not choose to settle the claim, therefore, the 1st complainant issued legal notice demanding settlement of the claim but there was no response. Hence the complaint for a direction to the opposite parties to pay Rs.2,50,000/- with interest at 24% p.a. together with compe...


Feb 29 2012

The General Manager (Projects) A.P.R.S.Corpn. Ltd. and Another Vs. Nis ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Feb-29-2012

Oral Order (Per Smt.M.Shreesha Honble Member) Aggrieved by the order in C.C.No.179/2009 on the file of District Forum-II, Hyderabad, F.A.No.396/2010 is filed by opposite party No.2 and F.A.No.638/2010 is filed by the complainant. Since both the appeals arise out of the same C.C. they are being disposed by a common order. The brief facts as set out in the complaint are that the complainant paid a sum of Rs.5,000/- by way of D.D. on 09-4-2007 vide application No.1199002496 towards Rajiv Gruhakalpa Phase-II Housing Scheme which was started by the Government to construct large scale housing complexes for the poor and middle income group people. The complainant submits that opposite party brochure indicates four types of affordable flats at Rs.1 lakh under Indiramma Housing and Rs.2 lakhs and 3 lakhs respectively under Rajiv Gandhi Swagruha scheme and the complainant gave his preference for the 3 bed room i.e. 1468 sq.ft. flat for his requirement. On 17-1-2009 after a period of two years ...


Feb 29 2012

A. Sulochana Vs. the Branch Manager United India Insurance Company Ltd ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Feb-29-2012

Oral Order (As per Sri R.Lakshminarasimha Rao, Honble Member) 1. The unsuccessful complainant is the appellant. The appellant and her husband obtained Medi-claim Insurance Policy bearing number 050882/48/07/97/00000269 from the Respondent Insurance Company through the second respondent company. The sum assured under the insurance policy is `1,00,000/- each to the appellant and `50,000/-to each of her children. The appellant consulted Dr.Mohan Reddy on 9.01.2008 with the complaint of abdominal pain and she was referred to Care Hospital where she was admitted on 10.01.2008 and had undergone surgery on 11.01.2008 and she incurred an amount of `46,326/- of which the respondents arranged for payment of `20,000/- and the appellant got issued notice dated 16.04.2008 claiming the balance amount of `26,326/- 2. The respondent no.1 insurance company resisted the claim on the premise that on receiving intimation from the appellants husband, the second respondent had settled the claim for `20,000/...


Feb 28 2012

Congress of Visakha Steel Workers, Regd. Vs. Government of A.P., Rep. ...

Court: Andhra Pradesh

Decided on: Feb-28-2012

COMMON ORDER: 1. The writ petition is seeking to declare the proceedings No.A/257/2010, dated 06-05-2010 issued by the Joint Commissioner of Labour/Returning Officer directing the petitioner union to contest the union elections without allotment of any symbol, as illegal and to direct the respondents to allot 'Bell' symbol to the petitioner union. 2. The petitioner union claiming to be registered, stated that it has nearly 200 members working in Visakhapatnam Steel Plant and its motive is to protect the legitimate rights and needs of its members and represent before the management. There are 21 trade unions in Visakhapatnam Steel Plant and the management conducts union elections every two years to elect the majority union and in a similar process in 2010, the Joint Commissioner of Labour was appointed as the Returning Officer. He addressed a letter, dated 20-04-2010, on which the representatives of 20 unions including the petitioner attended the meeting on 03-05-2010, in which the elec...


Feb 28 2012

Smt.Anjali JaIn Vs. the Commissioner of Police, Hyderabad

Court: Andhra Pradesh

Decided on: Feb-28-2012

ORDER: 1. O.S. No.193 of 2008 was filed by a lady tenant of a flat seeking perpetual injunction against her landlord. The said suit was decreed in her favour. O.S. No.295 of 2008 filed by the landlord for eviction of the said lady tenant was dismissed. Thereafter, on the intervening night of 11th and 12th March, 2011, the tenant, (petitioner in this Writ Petition), rushed to the police station complaining of trespass, physical assault, attempt to rape and forcible eviction by the landlord (3rd respondent in this Writ Petition). The Investigating Officer, who visited the apartment building (scene of the offence) on 12.03.2011, found the petitioner - tenant's belongings strewn on the pavement outside the apartment building. Without even examining the complainant, and having failed even to note the outcome of the two suits, (both of which ended in favour of the tenant), the Investigating officer, evidently at the behest of the then Assistant Commissioner of Police, Gopalapuram Division, p...


Feb 28 2012

Gaddam Varalaxmi Vs. Smt.Surakanti Gangu

Court: Andhra Pradesh

Decided on: Feb-28-2012

ORDER: 1. This civil revision petition is filed by the plaintiff in O.S.No.14 of 2008 on the file of the learned Senior Civil Judge, Jagtial, feeling aggrieved by the docket order, dated 15.07.2011, in the said suit, whereby the learned Judge has refused to mark the document, dated 22.04.2005, in evidence on the ground that the same is insufficiently stamped promissory note and hence, not admissible even after payment of required stamp duty and penalty. The petitioner filed the suit for recovery of amount of Rs.2,32,603/- from the respondent on the foot of a document, dated 22.04.2005. When he has filed affidavit in lieu of examination-in-chief and filed the said document along with the affidavit, the lower Court has made the following endorsement: "As per Sch.I of Art.49(9)(iii) of A.P.Stamp Act, 1899, in promissory note which exceeds Rs.1,000/-, the required stamp duty is Rs.0.25 ps which is equivalent to Rs.3/- and (10) times penalty is Rs.30/-. Thus, the total amount impounded is R...


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