Andhra Pradesh Court April 2012 Judgments

M/S. Kamal Wineries and Others Vs. the Sub-registrar of Assurances, Sh ...

Court: Andhra Pradesh

Reported in: 2012(4)ALD662; 2012(5)ALT435

The first petitioner is a partnership firm established in the year 1970 with 15 partners.  Over the period, 12 of them retired up to 25.06.2004.  It is stated that on 27.08.2009, the 3rd petitioner herein joined as a partner and a fresh deed of partnership was executed. On the next day i.e., 28.08.2009, two existing partners i.e., respondents 4 and 5 retired, by receiving a sum of Rs.4,00,00,000/- each. A deed of retirement executed on that day was presented for registration before the 1st respondent. It is stated that the stamp duty, as provided for under Article   41-C of Schedule I-A to the Indian Stamp Act, 1899 (for short ‘the Act’) was paid.  However, the 1st respondent took the view that the document is the one of conveyance and stamp duty under Article 20 of Schedule 1-A to the Act must be paid.  The petitioners state that the stamp duty of Rs.30,00,000/- was paid under protest. The 1st respondent sought opinion of the 2nd respondent.&n...

Venkannagari Naveen Rao and Another Vs. Joint Sub-registrar-i, Sangare ...

Court: Andhra Pradesh

The petitioners intended to purchase Ac.23-01 guntas of land in Survey Nos.120/29, 30 and 32 of Pedda Kanjirla Village, Patancheru Mandal, Medak District. The sale deed was executed in their favour on 18.11.2011 by the vendors by names Raju Kumar Tandon, Shani Tandon, Praveen Dawar, etc. The document was presented before the Joint Sub-Registrar-I, Sanga Reddy-the first respondent. He refused to register the document by stating the reasons through memo, dated 30.01.2012. He stated that the document was presented on 03.12.2011, but before the registration was effected, he received information from one P.Vinod Kumar, Advocate, to the effect that orders of temporary injunction are operative vis--vis the land in two suits being O.S.No.340 of 2011 on the file of the learned Principal Junior Civil Judge, Sanga Reddy and O.S.No.120 of 2011 on the file of the Family Court-cum-VII Additional District and Sessions Judge, Sanga Reddy. The particulars of the Interlocutory applications in which the ...

C. Rama Mohan Reddy Vs. Kusetty Seshamma and Others

Court: Andhra Pradesh

Common Order: CRP.Nos.1792 and 1793 of 2012 are filed against Orders, dated 14-03-12012, in IA.Nos.33 and 31 of 2012 respectively in OS.No.184 of 2008 on the file of the Court of the learned Principal Junior Civil Judge, Proddatur. The parties are common in both these cases. The petitioner filed the above-mentioned suit for permanent injunction against the respondents. After the petitioner’s side evidence was closed and respondent No.1 was examined, the petitioner has filed IA.No.31 of 2012 for reopening the suit for adducing further evidence and IA.No.33 of 2012 for permission to file two sale deeds, dated 27-12-2001 and 25-01-2002. Both these applications were dismissed by the lower Court. The petitioner has stated in his affidavit filed in support of the applications that during the course of evidence of respondent No.1, he has concentrated upon and made certain depositions on the boundaries; that later on, he has searched for and found the documents, which contained the bound...

T. Subramanyam and Others Vs. G.Bhaskar Hussainaiah and Another

Court: Andhra Pradesh

This appeal arises out of the order dated 13.10.2004 passed by the Motor Accidents Claims Tribunal-cum-III Additional District Judge, Kurnool in M.V.O.P.No.201 of 2003. 2. The claimants are the appellants. Originally the first appellant filed the claim petition under Section 166 of the Motor Vehicles Act seeking compensation of Rs.2,00,000/- for amputation of his left leg as a result of the injuries sustained by him in a motor vehicle accident. After the amputation, the injury was not healed up and ultimately it resulted in the death of the first appellant. Subsequent to his death, his wife and children got themselves impleaded in the claim petition as his legal representatives and they prayed for granting compensation on account of the death of the first appellant. They also filed an amendment petition seeking enhancement of claim to Rs.5 lakhs which was allowed by the learned Tribunal. 3. The learned Tribunal made an enquiry into the claim, during the course of which, the wife of the...

Chaitanya Medical Centre Rep. by Its Director and Others Vs. D. Sriniv ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral Order ( As per R.Lakshminarsimha Rao, Member) 1. These cross appeals are preferred by the opposite parties F.A. 403/2010 against granting of compensation while the complainant preferred F.A. 1182/2010 against inadequacy of compensation. 2. The parties are described as arrayed in the complaint in order to avoid confusion in narrating the facts. 3. The respondent filed complaint seeking relief of compensation on the premise that the appellants indulged in medical negligence in conducting pathological tests and by issuing report stating that he was suffering from Adenocarcinoma. 4. The respondent on the advice of doctor K.Ramesh Naidu of Nikita Hospital approached the appellant no.1 of which the second appellant is the consultant pathologist. On 19.06.2008 the tests were conducted at the first appellant diagnostic centre and report was issued with the result that the respondent was suffering from Differentiated Adenocarcinoma and the doctor who advised the respondent for the test inf...

M/S Narne Estates (P) Ltd., Rep.by Its Chairman Managing Director Vs. ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral Order ( As per R.Lakshminarsimha Rao, Member) 1. The opposite party assailed the correctness of the order of the District Forum on the ground that the sale deed could not be executed on account of default committed by the respondent in making payment of cost of the plot, development charges, additional development charges and registration charges. 2. The facts giving rise to filing of these appeal are that the respondent had applied for allotment of a plot measuring 250 sq.yards and the appellant company allotted the plot bearing NO.49 in Block-U, , Sector IV, at East City. The appellant company allotted membership number 16276 in favour of the respondent. The cost of the plot is `27,000/- . The appellant company issued allotment letter dated 10.12.1993 in favour of the respondent. The respondent had regularly paid the installments. The cost of the plot was payable in 32 installments @ `750/- per month. The respondent has paid the final installments. The respondent paid the entire...

Atmakuri Srinivas Rao Vs. Life Insurance Corporation of India Rep. by ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral Order (As per Sri R.Lakshminarasimha Rao, Honble Member) 1. The appellants wife had obtained insurance policy bearing No.691903050 on 28.01.2002 with commencement of the policy from 28.01.2002 for the sum assured `5,00,000/-. The premium was payable at `7,200/- in every three months. The appellant did not pay the premiums and the policy was lapsed. On 12.05.2005 he was permitted to pay the premium with interest for revival of the insurance policy. 2. The version of the appellant is that his wife died on 14.10.2005 due to Gastro Entritis and after the death of his wife he lodged claim with the respondent corporation. The appellant insurance corporation repudiated the claim on the ground that the respondent got treatment for cervical carcinoma and undergone surgery in the month of May,2004 as also she was undergoing radiotherapy at the time of revival of the insurance policy. 3. On behalf of the respondent insurance company it is contended that the insurance policy was revived on th...

Nellore Sakuntalmma W/O Seetharamaiah Housewife Vs. M/S Life Insurance ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral Order ( As per R.Lakshminarsimha Rao, Member) 1. The unsuccessful complainant is the appellant. The appellant filed the complaint seeking following reliefs: i. for payment of the sum assured of `1,00,000/-with interest @18%p.a.thereon. ii. damages of `50,000/- iii. Costs.2. The appellants husband during his lifetime obtained life insurance policy bearing number 840719190 on 10.03.2003 for sum assured of `1,00,000/-and appointed the appellant as his nominee. The appellants husband died due to heart attack on 29.06.2004. The appellant intimated the respondent about the death of her husband and lodged claim by submitting the insurance policy and other relevant documents. The appellants claim was repudiated and subsequently her representation to the zonal office was also rejected. 3. The respondent corporation supported its decision to repudiate the claim on the premise that the appellants husband suppressed his ill health as he was suffering from asthma and hypertension for two years...

Chintakayala Sivaramakrishna Vs. Nadimpalli Venkata Rama Raju and Othe ...

Court: Andhra Pradesh

ORDER OF THE COURT: With the consent of both sides the matter has been taken up for disposal pursuant to an earlier direction of this Court. Heard Sri A.Ramalingeswara Rao, learned counsel for the appellant, and Sri D.Prakash Reddy, learned senior counsel for respondents 1 and 2. 2. Appellant in this appeal is the petitioner in A.O.P.No.35 of 2008, an application filed under Section 34 of the Arbitration and Conciliation Act, 1996 (for short Act) to set aside the award dated 28.08.2007 passed by the third respondent (arbitrator) against him. The Court of IV Additional District Judge, Visakhapatnam (trial court) by its order dated 31.05.2011 dismissed that AOP. Aggrieved, this appeal (CMA) under Section 37(1)(b) of the Act is filed. 3. The appellant is admittedly the vendor under the agreement of sale dated 28.06.2004 which he executed in favour of respondents 1 and 2 (referred to as purchasers). Under the said agreement, he agreed to sell a site of 4000 sq. yards out of Ac.1-00 and 453...

Bodige Padma and Others Vs. Makula Shanker and Others

Court: Andhra Pradesh

Reported in: 2012(5)ALT559; 2012(5)ALD500

1. Heard Sri A. Rajasekar Reddy, learned counsel appearing for the appellants and Sri G.S.Prakash Rao, learned counsel appearing for the third respondent/Insurance Company. 2. This appeal arises out of the order dated 18.12.2002 passed by the Motor Vehicle Accident Claims Tribunal-cum-I Additional District Judge, Karimnagar in O.P.No.188 of 1998. 3. The briefly stated facts of the case under appeal are these: Bodige Anjaneyulu, hereinafter called ‘the deceased’ worked as welder in KTK1 and 1-A incline of S.C.C..Ltd., in Bhupalapalli Mines and was getting wages of Rs.4,400/- per month. He was aged 33 years on the date of accident. On 01.02.1997 he was returning on Bajaj Kawasaki motorcycle bearing No.AP 36 C 7251 along with one Sanjeeva Rao. He was riding the motorcycle and Sanjeeva Rao was sitting on the pillion seat. They were returning from Chelpur to Bhupalapally. While they were on the way, the lorry bearing No.APK 7039 driven in a rash and negligent manner at high spee...