Andhra Pradesh Court April 2012 Judgments
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A. Ravinder Vs. the Managing Director, Fci, Barakhamba Lane, New Delhi ...
Court: Andhra Pradesh
Decided on: Apr-27-2012
COMMON JUDGMENT: (Order of the Court) 1. Heard Sri C.Kodandaram, the learned senior counsel appearing for the appellant and Sri B.Anjaneyulu, the learned counsel appearing for respondents. 2. The appellant in this writ appeal is the petitioner in Writ Petition No.16546 of 2010. He filed that writ petition for declaring the disciplinary proceedings initiated against him by the first respondent [Managing Director of the Food Corporation of India (FCI)] through his memorandum dated 15.04.2010 and other consequential proceedings dated 25.05.2010 and a preliminary enquiry proceedings dated 06.07.2010 of the fourth respondent as illegal on the ground of pendency of the criminal case i.e. C.C.No.35 of 2007 on the file of the Court of Special Judge for CBI cases at Hyderabad (criminal court) against him. His plea is both the departmental enquiry and as well the criminal case are based on identical facts and evidence and the charges in the criminal case involve complicated questions...
Smt. Kadali Saroja and Others Vs. Icici Bank Limited, Mumbai and Other ...
Court: Andhra Pradesh
Decided on: Apr-27-2012
COMMON ORDER: V.V.S. Rao These writ petitions are filed either by the borrowers or sureties who entered into loan transactions with banks/financial institutions (FIs). In a couple of cases, the petitions are filed against Securitization and Reconstruction Companies (SRCs) in whose favour the loans were assigned. Similar questions of law that arise necessitating this common order are (1) Whether a writ petition under Article 226 of the Constitution of India would lie against private banks/FIs or SRCs; and (2) Whether it is not necessary for the petitioners to exhaust the effective and efficacious alternative remedy available to them. These questions arise in the context of recovery proceedings initiated by the private bodies for enforcement of security interest under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the SARFAESI Act or the Act). Background Facts It would be suffice to refer to three cases to notic...
P. Anjamma and Others Vs. Sri Nirool Kumar Prasad, Vice Chairman and H ...
Court: Andhra Pradesh
Decided on: Apr-27-2012
This Contempt case is filed alleging willful disobedience of the order of this Court dated 16-9-2011 in W.P.N.25953/2011. The brief facts leading to the filing of the case are stated hereunder: The petitioners were occupants of shop rooms belonging to the Andhra Pradesh Housing Board (for short “the APHB”). They have filed W.P.No.25953/2011 feeling aggrieved by provisional notice/order dated 3-1-2011, order dated 17-5-2011 and final order dated 2-9-2011 passed by the APHB officials and for a consequential direction to continue them as tenants on payment of enhanced rent from September 2011 without prejudice to their right to question the enhanced rent. They have pleaded in their affidavit filed in support of the Writ Petition that petitioner Nos.1 to 10 are the original allottees of the shops in their occupation as mentioned in their affidavit and petitioner Nos.11 to 32 have been paying the rent fixed by the authorities from time to time and that even though there is no tr...
Vanga Narsa Reddy and Another Vs. the Joint Collector, Adilabad Distri ...
Court: Andhra Pradesh
Decided on: Apr-27-2012
ORDER: This writ petition is filed seeking a Certiorari to call for the records relating to the order dated 29.10.2011 passed by the 1st respondent - Joint Collector, Adilabad and to quash the same being arbitrary and illegal. The undisputed facts, in brief, are as under: One Aira Pothanna was the owner of different extents of land situated in Sy.Nos.722, 725 and 63 of Koutla-B Village and Sy.No.128 of Kajri Village of Sarangapur Mandal, Adilabad District. The respondent No.3 herein is his sister. She claimed that her brother Pothanna had gifted her the said land in Sy.Nos.722, 725 and 63 to an extent of Ac.3-20 guntas, Ac.3-20 guntas and Ac.4-25 guntas respectively by executing a Gift Settlement Deed dated 20.07.1979. However, her name was not mutated in the revenue records. In the meanwhile Pothanna died in the year 1982 and the name of his wife Smt. Chinnavva who claims to have acquired title to the property in question by way of succession was mutated in the revenue records. ...
Mohd Nafees and Others Vs. State Bank of India Local Head Office and O ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Apr-27-2012
Oral Order ( As per R.Lakshminarsimha Rao, Member) 1. The complainants are the appellants. The appeal is preferred against the order of the District Forum C.D.No.879 of 2009. 2. The facts of the case as stated in the complaint are that each of the appellants deposited an amount of `20,000/- with the third respondent bank on 30.01.1996 with maturity date 30.07.1998. The appellants, after the maturity period, demanded the third respondent to pay the maturity value of the deposit receipt. The third respondent informed them that Mohd.Shabbir obtained loan from the third respondent bank by offering the deposit receipts pertaining to the appellants. The third respondent bank allowed automatic renewal of the deposit. The appellants filed complaint claiming maturity amount of `20,000/- each with interest and costs. 3. The respondents no.1 and 2 resisted the claim contending that Mohd Shabbir was sanctioned terms loan of `2,30,000/- on 16.12.1996 from the third respondent bank. The appellants e...
The Divisional Manager the National Insurance Co.Ltd. Vs. V. Hanumanth ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Apr-27-2012
Oral Order (As per Sri R.Lakshminarasimha Rao, Honble Member) 1. The opposite party no.2, National Insurance Company Limited is the appellant. The appeal is the challenge to the order of the District Forum in C.C.No.177 of 2008 whereby the appellant is directed to reimburse an amount of `1,62,500/- to the fist respondent towards medical expenses and `5000/- towards compensation and `1,000/- towards costs. 2. The first respondent obtained from the second respondent Insurance Company Hospitalization and Domiciliary Hospitalization Benefit Policy for the period commencing from 18.7.2007 to 17.7.2007. The policy covered the risk mentioned therein on the first respondent and his wife Anjali Devi. The policy was being renewed from time to time for about 3 years. The first respondents wife was admitted in Care Hospital in Hyderabad on 25.4.2008 and she was discharged therefrom on 28.4.2008. The first respondent claimed a sum of `1,62,500/- stated to have been incurred by him for the medical e...
The Manager, Life Insurance Corporation of India Branch Office: Collec ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Apr-27-2012
Oral Order (As per Sri R.Lakshminarasimha Rao, Honble Member) 1. The Life Insurance Corporation of India is the appellant. The respondents husband obtained the life insurance policy bearing policy bearing number 680272798 under the scheme Jeevan Mitra Double Cover Endowment Plan with Profits from the appellant insurance corporation whereunder the policy commenced from 25.03.1989. The insured appointed his mother as nominee and subsequently after his marriage with the respondent, he applied for change of nominee and by an endorsement dated 7.09.1996 the respondent was appointed as the nominee of her husband. 2. The claim of the respondent is that her husband on 3.04.1999 left his house at Adilabad informing her that he would proceed to Ichoda to look after building construction work there and from there he would go to Godavarikhani to know about the status of his case pending before the Tribunal and he would return home on 6.4.1999. As he did not return by the date, the appellant and h...
M. Amarnath and Others Vs. Sivalenka Mallikarjuna Vara Prasad
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Apr-27-2012
Oral Order (As per Sri R.Lakshminarasimha Rao, Honble Member) 1. The respondent filed the complaint before the District Forum seeking the following relief: 2. The District Forum allowed the complaint awarding US$3,700/- and INR of `2,000/- along with interest @9%p.a. from the date of complaint till payment besides USD 300 towards compensation and `25,000/- towards compensation on account of deficiency in service on the part of the appellants and mental tension he had undergone. 3. The respondent and his wife traveled from San Francisco to New York along with their luggage of four suit cases at No.0016 UA-952160, 951427, 951426 and 951875 checked in at SFO and they carried with them two hand bags. The flight arrived at 22.20 hrs at New York and the flights from NYC to DXB was scheduled to depart at 22.40 hrs. When the respondent and his wife started to board the flight, the staff of the Airlines stopped them on the premise that there was no room to accommodate the baggage into the cabin...
National Insurance Company Ltd. Vs. M.A. Annapoornamma and Others
Court: Andhra Pradesh
Decided on: Apr-26-2012
This appeal arises out of the order dated 25.03.2011 passed by the Motor Accidents Claims Tribunal-cum-IV Additional District Judge, Tirupathi in O.P. No. 448 of 2008. 2.The National Insurance Company Limited which is the second respondent before the Tribunal preferred the appeal challenging the order passed by the Tribunal on various grounds; namely the finding of the Tribunal that the accident was due to the rash and negligent driving of the lorry bearing AP-11-W-8029 is erroneous, the quantum of compensation granted is on higher side and the finding that the 4th respondent owner of the offending vehicle and the appellant insurance company are jointly and severally liable to pay compensation is also not correct. 3.Along with the appeal, the appellant filed MACMAMP No.3977 of 2011 seeking stay of the operation of the order passed by the learned Tribunal below and this Court granted stay on condition of the appellant depositing 50% of the award amount together with costs and interest a...
C. Ramakrishna Vs. Electricity Regulatory Commission Employeesand#8217 ...
Court: Andhra Pradesh
Decided on: Apr-26-2012
K.G. Shankar, J. 1. A very peculiar case where the rules do not provide any mechanism to initiate appropriate action against the Director of the Andhra Pradesh Electricity Regulatory Commission, Hyderabad (APERC, for short). The appeal is directed against the orders of the learned single Judge in W.P.M.P.No.31513 of 2011 in W.P.No.18427 of 2009 dated 20-9-2011 through which directions were issued to enquire into the allegations against the appellant herein. 2. The APERC (4th respondent herein) was constituted under Section 3 of the Andhra Pradesh Electricity Reforms Act, 1998 (the Act, for short). In response to the Notification dated 01-01-2003 for the post of the Director (Administration), the appellant applied on 15-02-2003. On the basis of the information furnished by the appellant together with certified copies of the qualifications of the appellant, the appellant was appointed by the 4th respondent-APERC as Director (Administration) through orders dated 28-5-2003. 3. The 1st resp...
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