Andhra Pradesh Court June 2012 Judgments

i.Sudershan Rao and Others Vs. Evershine Builders Private Limited Mumb ...

Court: Andhra Pradesh

THE HON'BLE SRI JUSTICE GODA RAGHURAM AND THE HON'BLE SRI JUSTICE N.RAVI SHANKAR CIVIL MISCELLANEOUS APPEAL No.1362 o20. 06-2012 I.Sudershan Rao and others Evershine Builders Private Limited Mumbai and another Counsel for the Appellants: Sri K.Ramakrishna Reddy Counsel for the Respondents : Sri Sunil Ganu : : Cases referred 1. (2005)2 Supreme Court Case2. (2004)1 Supreme Court Case3. 2010(3) R.A.J.363 (Del) 4. 2010(1) R.A.J.659 (Guj) 5. 2008 (2) ALD 69.6. 2004(3) ALD 22.(DB) JUDGMENT: (per THE HON'BLE SRI JUSTICE N.RAVI SHANKAR) Appellants in this miscellaneous appeal who are 33 in number are respondents 1 to 33 in Arbitration O.P. (AOP) No.750 of 2011 on the file of the court of II Additional District Judge, Ranga Reddy District at L.B.Nagar, Hyderabad (trial court). The cause title of the appeal shows that appellants 1 to 31 are represented by their General Power of Attorney holders who are appellants 32 and 33. That application (AOP) was filed under Section 9 of the Arbitration and ...

Dr. M. Varalakshmi and Another Vs. Nagaram Kavitha and Another

Court: Andhra Pradesh

The petitioners 1 and 2/A.1 and A.2 are accused of offences punishable under Sections 385, 354 and 506 Part II IPC.  It is alleged that on 16.05.2012 at 11:30 A.M., when the 1st respondent/ de facto complainant was at Primary Health Centre, Yalal, A.1 and A.2 approached her and requested her to go for Panchayat along with them to Sub-Divisional Police Officer, Vikarabad where they have arranged the compromise in the previous criminal case.  Previous criminal case in Cr.No.31 of 2012 relates to offences punishable under Sections 498-A, 497, 509, 323 and 506 Part II IPC.  It is further alleged that when the 1st respondent refused to accompany them, A.1 and A.2 picked up quarrel with her, threatened her with dire consequences, pulled her tuft of hair, beat her indiscriminately and torn her blouse while patients and staff of Primary Health Centre were present and thereby insulted her modesty.  Truth or otherwise of the said allegations is a question of fact, which this ...

Nagapuri Sadanadam Vs. Paleti Aruna Kumari and Others

Court: Andhra Pradesh

Reported in: 2012(5)ALT104; 2012(5)ALD468

This Civil Revision Petition arises out of order dated 18-6-2009 in I.A.No.241/2009 in O.S.No.126/2006 on the file of the learned Junior Civil Judge, Madhira. The petitioner filed the above mentioned suit for recovery of certain amount from the respondents towards the liability incurred by the husband of respondent No.1 and father of respondent Nos.2 and 3. The said suit was decreed exparte on 20-11-2006 in the following terms: “1. That the defendant do pay to the plaintiff a sum of Rs.68,800/- with costs and future interest @ 6% p.a. on Rs.40,000/- from the date of filing of the suit till the date of realization. 2. That the defendants do pay to the plaintiff a sum of Rs.4416-00 towards costs of the suit.” I.A.No.241/2009 was filed by the respondents for amendment of the said decree on the plea that there is an accidental slip and omission in the decree. The respondents sought for addition of the words to the decree to the effect that the decree shall be executed against t...

M/S. Aparna Constructions, Hyderabad Vs. Reg P.F. Commissioner, Hydera ...

Court: Andhra Pradesh

Reported in: 2012(5)ALD677

(Prayer: Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order direction or writ particularly one in the nature of writ of mandamus or any other appropriate writ (i) declaring the impugned order No.AP/RO/HYD/ 50575/ENF-1/T2/2012/132 dated 01/06/2012, passed by the 1st respondent is illegal, arbitrary, unjust and in gross violation of principles of natural justice, in the interest of justice.)The respondents initiated proceedings against the petitioner as regards contribution of provident fund for contract employees engaged by it. On receiving the notice, the petitioner submitted its representation stating that the contract labour were supplied by various employers and unless it is found that the contribution of provident fund was deducted from the salaries of the employees by their employers, the petitioner cannot be required to deposit the same.  Respondent...

Sri Koganti Venkata Siva Ramesh Prasad Vs. Hindustan Petroleum Corpora ...

Court: Andhra Pradesh

M/s. Lakshmi Narayana Traders, Tenali of Guntur District, a Partnership Firm (for short ‘the firm’), is appointed as a dealer of Hindustan Petroleum Corporation Limited, the 1st respondent herein, to run a petroleum outlet at Tenali.The father of the petitioner, by name Vishnu Vardhana Rao, and respondents 5 to 7 were its partners.Vishnu Vardhana Rao died, on 07.08.2010.The petitioner, his mother -3rd respondent, and sister - 4th respondent, are the legal heirs. On account of the disputes among them, the petitioner is said to have filed O.S.No.284 of 2010 in the Court of V Additional District Judge, Guntur, for partition of the properties mentioned therein.The right to succeed to the partnership rights in the petroleum outlet was shownin schedule - B of the plaint. The 4th respondent filed an application before the Senior Regional Manager, Hindustan Petroleum Corporation Limited, the 2nd respondent herein, with a request to approve her inclusion as a partner in the fi...

M/S. Jai Hind Cycle Company, Rep. by Its Partner Sri Pannalal Vs. Damo ...

Court: Andhra Pradesh

Common Order: These three Civil Revision Petitions arise out of three separate Rent Appeals between the same parties in respect of the same premises. Hence, they are heard and disposed of together. I have heard Sri Shyam.S.Agrawal, learned Counsel for the petitioner, and Sri MVS.Suresh Kumar, learned Counsel for the respondent. The respondent is the landlord of the premises bearing No.15-9-466/3, Mahboobgunj, Ghansiram Building, Hyderabad. The premises is in occupation of the petitioner from the year 1967 wherein it has been carrying on wholesale business in sale of bicycles. To start with, the rent was Rs.130/- per month. The respondent has filed RC.No.544 of 2002 under Section 4 of the A.P.Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short ‘the Act’), for fixation of fair rent. The said RC was disposed of, after contest, by the learned Rent Controller on 14-07-2005, by fixing the fair rent at Rs.2480/- and granting two months’ time to the petitioner t...

Smt. Javer Ben N Shah Vs. Smt. Vijaya Lakshmi Sharma and Others

Court: Andhra Pradesh

Reported in: 2012(5)ALD230

(Prayer: CRPMP 2169/2012: Petition under section 151 of CPC praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order of staying all further proceedings in the suit in OS.No.1829 of 2008 on the file of the III Junior Civil Judge, CCC., Hyderabad pending disposal of the above revision.) This civil revision petition arises out of order, dated 06.03.2012, in I.A.No.124 of 2012 in O.S.No.1829 of 2008, on the file of the learned III Additional Junior Civil Judge, City Civil Court, Hyderabad. At the hearing, there is no representation for the petitioner. I have heard Sri Chintala Ramesh, learned counsel for respondent No.1, and perused the record. Respondent No.1 filed the above-mentioned suit for mandatory injunction.  The petitioner is defendant No.1 in the said suit.  At the instance of the petitioner, an Advocate Commissioner was appointed to note down the physical features of the suit schedule property.  The ...

Chalasani Ramesh Vs. United India Insurance Co. Ltd.

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Honble Sri Justice D. Appa Rao, President Complainant, Chalasani Ramesh and representative of respondent present. The respondent has deposited an amount of Rs.14,52,876/- towards full satisfaction of the amount. The learned counsel for the petitioner endorsed that the entire amount has been deposited and that P.P. may be closed. Memo recorded. P.P. is closed. The petitioner is entitled to the amount deposited and the same be paid on filing an cheque application....

P.V. Satyanarayana Vs. Icici Lombard General Insurance Company Limited ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Honble Sri Justice D. Appa Rao, President This is an appeal preferred by the unsuccessful complainant against the dismissal of his complaint for default. The complainant alleges that after closure of evidence of both sides and after opposite party No.2 has submitted his arguments, the District Forum posted the matter to 11-10-2010 for continuation of arguments of O.P.2. However, on the said date, it dismissed the complaint. A perusal of docket order dated 11-10-2010 reads as follows: The complainant is called absent for want of representation. Whereas the learned counsel for the contesting O.P. i.e. 2nd O.P. reports ready. But a perusal of the case record reveals that the written arguments of the complainant are not submitted so far. Number of adjourments already granted for facilitating the complainant to submit, turn up and proceed with the case, but of no use. It goes without saying that the complainant is not diligent in prosecuting his claimed covered by this case and as such no u...

Meherunnisa Vs. Greater Hyderabad Municipal Corporation, Hyderabad and ...

Court: Andhra Pradesh

The petitioner, whose application for her impleadment in O.P.No.80 of 2011 relating to reference proceedings under Section 30 of the Land Acquisition Act, 1894 (for short “the Act”) was dismissed, filed this Civil Revision Petition, feeling aggrieved by the refusal of the learned I Senior Civil Judge, City Civil Court, Hyderabad to allow her to come on record. I have heard Mr. M.A.K. Mukheed, learned counsel for the petitioner and perused the record. In response to the notice under Sections 9(3) and 10 of the Act, Smt. Taherunnisa-sister of respondent No.2, filed a claim petition wherein it is stated that she has filed O.S.No.1920 of 2007 in the Court of the learned VII Senior Civil Judge, City Civil Court, Hyderabad for partition and that she is also entitled to compensation in the acquired land. The Land Acquisition Officer of respondent No.1 Corporation passed award No.A/401 of 2007 dated 14.08.2008 wherein he has stated that as there are claims and counter claims and th...