Andhra Pradesh Court January 2013 Judgments
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Tirumala Music Centre (P) Ltd. Rep. by Its Md, Lenanine Estate, Abids, ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jan-29-2013
Oral Order: (T. Ashok Kumar, Member) 1. This appeal is preferred by the 1st opposite party as against the orders dated 17.11.2011 in CC 993/2010 on the file of the District Forum I, Hyderabad. The parties as arrayed in the complaint are referred to as under : 2. The brief facts of the complaint are that the complainant purchased one Onida A.C. Split S 185PD5 with opposite party no. 1 on 18.04.2010 by paying Rs.28,500/- which includes the cost of Unit with stabilizer and installation charges. Despite assurance to install within 24 hours and several calls both the opposite parties did not install the AC and his parents left his native place unable to bear the summer heat at Hyderabad. Even on 26.04.2010 after 9 days of the purchase of the Unit, Op. 2 installed the Unit but within one day found there was water leakage from the Unit continuously and that the AC was used to stop. When contacted on 29.04.2010, OP. 2 sent their mechanic on 30.04.2010 who found that the stabilizer is defective...
R.V. Ramgopal Vs. Shriram Transport Finance Company Limited
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jan-29-2013
(Smt. M. Shreesha, Incharge President) Since all these appeals deal with similar facts, they are being disposed of by a common order. F.A.No.912/2011: Aggrieved by the order in I.A.No.182/2011 in C.C.No.167/2010 on the file of District Forum-II, Vijayawada, the complainant preferred this appeal. The brief facts as set out in the complaint are that the complainant applied for a vehicle loan of Rs.9,23,000/- and was sanctioned the same by opposite party on 22-11-2004 and was informed that the interest being levied on the said loan would be 5.13% p.a. The said vehicle loan account was subsequently re-scheduled vide fresh agreement dated 16-3-2009 on an enhanced interest rate of 9% pa. for payment of few overdue instalments. The complainant submitted that he was compelled to avail personal loan of Rs.1,00,000/- @ 24% p.a. in April, 2010. The complainant submitted that the opposite party has not paid a single rupee out of the aforesaid amount of Rs.6,00,000/- to the complainant herein on th...
Mahindra and Mahindra Financial Services Ltd., Rep. by Its Branch Mana ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jan-29-2013
Order: (Smt. M. Shreesha, Incharge President) Aggrieved by the order in C.C.No.122/2008 on the file of District Forum, Karimnagar, the opposite party preferred this appeal. The brief facts as set out in the complaint are that the complainant purchased a car TATA INDICAB (S-II) AC bearing registration No.AP-15-W-6887 in July, 2004 under hypothecation through opposite party by borrowing an amount of Rs.2,36,000/-. The said amount along with finance charges and interest has to be paid in 36 equal monthly instalments @ Rs.7,982/- per month and he paid the instalments regularly. The complainant submitted that in September, 2006 he was bed ridden due to ill health and could not pay the instalments from September, 2006 to January, 2007. Taking advantage of his helpless position, the opposite party seized the vehicle from the complainant without informing him and providing him an opportunity to clear off the balance loan amount and at that point of time the complainant had to pay only 5 instal...
Kapadam Sangalappa and 5 Others Vs. Kamatam Sangalappa and 2 Others
Court: Andhra Pradesh
Decided on: Jan-28-2013
HON'BLE SRI JUSTICE K.G. SHANKAR Review C.R.P.M.P.No.2854 of 2012 in C.R.P.No.5224 o28. 01-2013 Kapadam Sangalappa and 5 others Kamatam Sangalappa and 2 others Judgment Debtors: The Gram Panchayat,Sanjeevapuram Village,Bathalapalli Mandal, Anantapur District Counsel for the petitioners: Sri T.Bali Reddy, Senior Counsel. Counsel for the Respondents: Sri K.G.Krishna Murthy,Addl. Advocate General. : Cases referred:1. (2000) 6 SCC 22.2. (2009) 14 SCC 66.3. (2009) 10 SCC 46.4. 2010 (1) ALD 36.(DB) 5. AIR 200.SC 163.6. AIR 199.SC 45.7. AIR 198.SC 204.8. AIR 197.SC 150.9. (1997) 8 SCC 71.Order: This review petition is laid by the respondents 1 to 6 in C.R.P.No.5224 of 2005 assailing the order dated 06-01-2012. The petitioners in the revision are the respondents 1 to 3 herein. The 7th respondent in the revision petition is arrayed as respondent No.4 in the review petition. The 4th respondent herein is Gram Panchayat, Sanjeevapuram Village, which is more or less a disinterested person in the di...
M/S.Jayanth Pharma Chem Vs. M/S.Kekule Pharma Ltd.,
Court: Andhra Pradesh
Decided on: Jan-28-2013
THE HON'BLE SRI JUSTICE SANJAY KUMAR COMPANY PETITION NO.93 OF 201.28-01-2013 M/s.Jayanth Pharma Chem M/s.Kekule Pharma Ltd., HEAD NOTE: Counsel for petitioner: Dr.P.Bhaskara Mohan Counsel for respondent:Sri S.Ravi, learned senior counsel for Sri V.Kishore, learned counsel for respondent. ?CASES REFERRED:1. (1994) 2 Mah LJ 171.ORDER: M/s.Jayanth Pharma Chem, Hyderabad, a registered partnership firm represented by its Managing Partner, Smt.Rambathri Hema, filed this petition under Sections 433(e) & (f), 434(1)(a) and 439 of the Companies Act, 1956 (for brevity, 'the Act of 1956') r/w Rule 95 of the Companies (Court) Rules, 1959, to wind up M/s.Kekule Pharma Ltd., Hyderabad, the respondent company. It is the case of the petitioner firm that the respondent company entered into a trade contract with it under letter dated 08.04.2010, whereby it agreed to pay 1% on its net turnover (excluding taxes, duties, etc.) towards charges for the services rendered by it to the company. These servi...
M/S Rakshana Steels Limited and Its Cons Vs. the Union of India,rep. b ...
Court: Andhra Pradesh
Decided on: Jan-28-2013
THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition Nos.21956 of 2010; 31370 of 2010; 22525 of 2012 and 25114 o28. 01-2013 M/s Rakshana Steels Limited and its Consortium, rep. by its Director, Sri U. Kondala Rao and another The Union of India,rep. by the Secretary, Ministry of Mines,New Delhi & others Counsel for the petitioners: Sri B. Narayana Reddy Counsel for respondents : Sri Ponnam Ashok Goud, for R-1 G.P for Mines and Geology for RRs 2 and 3 Sri V. Subrahmanyam for R-4 : Citations:1. AIR 195.SC 67.2) AIR 195.SC 101.3) AIR 195.SC 60.4) AIR 199.AP 1 (FB) COMMON JUDGMENT: There are deposits of considerable volume of iron ore, in an area of about 1,50,000 acres spread over different villages of Bayyaram, Garla and Nelakondapally Mandals of Khammam District and the neighbouring Mandal of Gudur in Warangal District. The land is part of scheduled area. According to Section 11(5) of the Mines and Minerals (Development and Regulation) Act, 1957 (for short 'the Act'), a) prospecti...
Uppala Suryanarayana Murthy S/O. Lakshma Vs. State of Andhra Pradesh R ...
Court: Andhra Pradesh
Decided on: Jan-28-2013
THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO.40115 OF 201.28-01-2013 Uppala Suryanarayana Murthy S/o. Lakshmana Murthy, R/o. Chodavaram Village and Mandal, Visakhapatnam District. State of Andhra Pradesh rep. by its Principal Secretary to Government Endowments Department, Saifabad, Hyderabad and three others Counsel for the Petitioner: Sri P. Rajasekhar Counsel for the respondents: Sri V.T.M. Prasad for fourth respondent GP for Endowments : ?Citations:1. AIR 195.SC 36.2. AIR 195.SC 34.(1) 3. (1990) 1 SC 19.4. (1996) 5 SCC 6.5. (2005) 13 SCC 47.ORDER: This writ petition is instituted seeking a writ of mandamus for declaring the order passed on 7.4.2010 by the Deputy Commissioner of Endowments in OA No. 135 of 2007 as illegal and without jurisdiction. An open site of 0.74 cts of land situate in Sy No. 82, Block No. 18, Chodavaram (V&M), Visakhapatnam District belongs to the 4th respondent - temple. With the consent and approval of the 4th respondent - temple, the fa...
Amalakanti Lakshmi Saroja Vs. Chaluvadhi Raghavamma and Others
Court: Andhra Pradesh
Decided on: Jan-28-2013
HON'BLE SRI JUSTICE G. KRISHNA MOHAN REDDY C.R.P.No.6193 o28. 01-2013 Amalakanti Lakshmi Saroja Chaluvadhi Raghavamma and others Counsel for the petitioner: Sri V.V.L.N. Sarma Counsel for Respondents: Sri A. Subhash Chandra Bose : Cases referred:1. 2009(5) ALD 37.(DB) 2. 2010(1) L.S3. AIR 197.SC 242.4. 2008(8) SCJ 19.5. 1997(2) ALT 69.(DB) 6. AIR 199.BOMBAY 34 7. DLR 200.AP 58.8. 2006 SAR (Civil9. 2006 (2) ALD 23.10. (2005) 6 SCC 14.11. 2010(5) alt 597 (DB) 12. (2008) 13 SCC 11.13. AIR 199.HIMACHAL PRADESH 3 14. 1998 (3) ALT 49.15. AIR 195.MADRAS 37 16. AIR 197.AP 22.17. AIR 195.AP 18.18. (1972) 2 SCC 73.19. AIR 193.MADRAS 5 ORDER: This Civil Revision Petition (CRP) is filed against order dated 05-11-2012 passed in C.M.A. No.21 of 2011on the file of the Court of IV Additional District Judge, Kakinada (CMA) confirming order passed in E.A. No.177 of 2010 in E.P.No.249 of 2005 in O.S.No.242 of 1988 on the file of the Court of II Additional Senior Civil Judge, Kakinada (EA).2. The petition...
Kukku Venkataratnam. Vs. K.Sujilabai and Others.
Court: Andhra Pradesh
Decided on: Jan-28-2013
THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.4709 o28. 01.2013 Kukku Venkataratnam. K.Sujilabai and others. Counsel for the petitioner : Sri Nimmagadda Satyanarayana Counsel for respondents : Sri J.M.Naidu HEAD NOTE: ?Cases referred:1. 2010(6) ALT 12.ORDER: The petitioner filed O.S.No.20 of 2003 in the Court of Additional Senior Civil Judge, Tirupati, for the relief of specific performance of two agreements of sale, dated 29.07.1991 and 01.12.1992. During the trial of the suit, the petitioner sought to file the agreements referred to above. An objection was raised stating that the agreements are not properly stamped and not registered. Therefore, the petitioner filed an application to send the documents to the Collector under the Indian Stamp Act for collection of stamp duty and penalty. It is stated that the authority, to whom the documents were marked, refused to impound them by observing that the property covered by the agreements belongs to Sri Swamy Hathira...
M/S Saree Mandir Rep. by Its Proprietor Sri Jogesh Sadh Vs. M/S Gati L ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jan-28-2013
Oral Order: (Sri R.Lakshminarasimha Rao, Honble Member) 1. The unsuccessful complainant is the appellant. The appellant filed complaint claiming an amount of `27,550/- towards cost of 29 handloom sarees along with interest @24% from 2.12.2009 and `50,000/- towards compensation for suffering mental agony and loss and `3,000/- towards costs. 2. The case of the appellant is that the appellant is a proprietary concern and the proprietor of the appellant firm has to maintain huge family. The appellant firm is engaged in doing business in sale of sarees under the name and style Saree Mandir at Sultanbazar locality of Hyderabad city. The respondent is a courier having its branches across the country and one branch at Secunderabad in Anhdra Pradesh. The appellant placed order with M/s Hirawat, Jaipur for sending 128 handloom sarees worth of `1,12,650/- M/s Hirawat had sent two parcels on 02.12.2009 weighing 92.3 kgs containing 128 handloom sarees worth of `1,12,650/-. The consignment reached d...
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