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Andhra Pradesh Court January 2013 Judgments

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Jan 28 2013

Sampa Biswas Vs. Icici Bank Ltd., Rep. by Its Manager Bangalore Branch ...

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. She filed complaint claiming a sum of `10 lakh on the premise of loss of reputation, suffering mental agony and deficiency in service and unfair trade practice against the respondents. 2. The facts of the case as seen from the averments of the complaint are that the appellant availed personal loan of `5 lakhs in the month of August, 2005 from the first respondent bank by keeping 18 blank cheques as security and she obtained from the second respondent bank primary credit card bearing number 4477463856438003 and add on card bearing number 4477463856438102 for the period from September,2003 to September,2006. The appellant has never used the add on card. The appellants spouse expired within 22 days of the marriage. The appellant paid the amount due to the first respondent-bank and requested for issue of NCC and the first respondent informed her that the NCC would be delivered to her t...


Jan 28 2013

Ramesh Chandra Binjrajka and Others Vs. Union of India, Rep. by Its Se ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-28-2013

Oral Order: (T. Ashok Kumar, Member) 1. These appeals are preferred by the complainants and opposite party respectively as against the orders dated 30.11.201 in CC 02/2011, CC 03/2011, CC 04/2011 and CC 05/2011 on the file of the District Forum I, Hyderabad. Since common questions of facts and law are involved and the opposite parties are one and the same, we are inclined to dispose of the same by a common order and CC No 02/2011 pertaining to FA No. 225/2012 is taken as lead case. The parties as arrayed in the complaint are referred to as under : 2. The brief facts of the complaint are that the complainant along with his brothers purchased Indira Vikas Patras from the Post Master of Secunderabad Post office, 4th opposite party, for a period of five and half years for Rs.4,65,000/- on 30.03.1995 and 06.04.1995 and the maturity date was 30.09.2000 and that he placed the same in his wooden almirah by wrapping in a cover. While white washing the complainants house, the above said wooden a...


Jan 24 2013

National Insurance Co. Ltd. Vs. Malhota Laxmi and Others

Court: Andhra Pradesh

Decided on: Jan-24-2013

THE HON'BLE MR JUSTICE R. KANTHA RAO C.M.A.No.3223 o24. 01.2013 National Insurance Co. Ltd. Malhota Laxmi and others Counsel for the Appellant: Mrs M.Bhaskara Lakshmi Counsel for respondents: Sri V.Rvinder Rao HEAD NOTE: ?Cases referred:1. 2009 ACJ 129.JUDGMENT: This appeal is at the instance of the National Insurance Company Limited/third respondent before the Tribunal against the order dated 30.01.1999 passed by the Motor Accident Claims Tribunal-cum- District Judge, Adilabad in O.P.No.417 of 1996.2. I have heard Mrs M.Bhaskara Lakshmi, learned counsel appearing for the insurance company and Sri V.Ravinder Rao, learned counsel appearing for the respondents/claimants.3. The respondents/claimants filed a claim case under Section 166 of the Motor Vehicles Act seeking compensation of Rs.7 lakhs on account of the death of the deceased M.Ramulu, who was working as driver in the Cement Corporation of India Limited which was the 4th respondent before the Tribunal in a motor vehicle accident ...


Jan 24 2013

E.Venkataiah Vs. the State of A.P. Rep. by Its Special Pu

Court: Andhra Pradesh

Decided on: Jan-24-2013

HON'BLE SRI JUSTICE R.KANTHA RAO Crl.A.No.1726 OF 200.24.01.2013 E.Venkataiah The State of A.P. rep. by its Special Public Prosecutor for ACB Cases, High Court of A.P., Hyderabad. Counsel for appellant: Sri Dittakavi Venkateswara Rao Counsel for respondent : Sri M.B.Thimma Reddy,Standing Counsel-cum-Special Public Prosecutor for ACB Cases. HEAD NOTE: ?Cases referred: JUDGMENT: This appeal is filed by the appellant (A-1) in C.C.No.15 of 1996 on the file of the Additional Special Judge for SPE & ACB Cases, City Civil Court, Hyderabad.2. The appellant/A-1-E.Venkataiah who was the Senior Assistant on the date of trap i.e. on 20.08.1994 in the office of the Mandal Revenue Officer, Maheswaram, Ranga Reddy District and A-2, Junior Assistant in the same office were tried by the learned Special Judge for the offences under Sections 7 and 13(1)(d)(i)(ii) r/w Sec.13(2) and under Section 12 of the Prevention of Corruption Act, 1988. After trial and on hearing either side, the learned Special J...


Jan 24 2013

S.T. Ranganathan Vs. M/S Margadarsi Chit Fund (Pvt.) Ltd., and

Court: Andhra Pradesh

Decided on: Jan-24-2013

THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY C.R.P. No.169 o24. 01-2013 S.T. Ranganathan M/s Margadarsi Chit Fund (Pvt.) Ltd., & others Counsel for the Petitioner: Sri V. Shiv Shankar Counsel for respondents : : ORDER: The 1st respondent filed O.S.No.194 of 2009 in the Court of Additional Senior Civil Judge, Chittoor, against the petitioner (defendant No.4) and respondents 2 to 6, for recovery of certain amount covered by a chit transaction. The petitioner filed written-statement and the trial of the suit is in progress. PW-1 was examined and Exs.A-1 to A-11 were marked. At that stage, the petitioner filed I.A.No.313 of 2012 under Section 151 C.P.C., with a prayer to dismiss the suit as not maintainable. The reason mentioned by him is that the authorization said to have been given to one, Smt. Sailaja to file the suit on behalf of the 1st respondent is not valid, and thereby the suit was not validly instituted. The 1st respondent opposed the same by filing a counter. The trial Court d...


Jan 24 2013

Andhra Pradesh State Financial Corporati Vs. Employees' Provident Fund ...

Court: Andhra Pradesh

Decided on: Jan-24-2013

THE HONOURABLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.1775 o24. 01.2013 Andhra Pradesh State Financial Corporation, A body corporate Incorporated under the State Financial Corporations Act (Act 63/1951), rep., by its Assistant General Manager, Ranga Reddy (East) Branch, 5-9-194, Chirag Ali Lane, P.B.No.165, Hyderabad Employees' Provident Fund Organisation,Regional Office, Hyderabad, represented by the Recovery Officer, Bhavishyanidhi Bhavan,Barkatpura, Hyderabad and another Counsel for Petitioner: Sri Y.N.Lohitha Counsel for Respondent No.1: Sri R.N.Reddy, learned Standing Counsel for EPF HEAD NOTE: CITATIONS: ORDER: This writ petition is filed for a Mandamus to declare the action initiated by respondent No.1 for sale of the property of respondent No.2 for recovery of provident fund dues, as illegal and arbitrary. I have heard Sri Y.N.Lohita, learned counsel for the petitioner, and Sri R.N.Reddy, learned Standing Counsel for Employees' Provident Fund appearing for respondent ...


Jan 24 2013

The Public Information Officer, Life Insurance Corporation of India, R ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-24-2013

Oral Order: (Smt. M. Shreesha, Member) 1) Aggrieved by the order in C.C.No.153/2011 on the file of District Forum,Vizianagaram, the opposite party preferred this appeal. 2) The brief facts as set out in the complaint are that the complainant wife of late Komma Govind @ Govinda Rao, who worked in Uma Jute Mills, Kothavalasa had taken policy No.693359522 for a sum assured of Rs.35,000/- on 28-10-2004 from the opposite party. The complainant submitted that her marriage was performed on 18-4-2008 and subsequent to their marriage, her husband died on 31-7-2009 in a Rail accident leaving behind the complainant and his mother as legal heirs. After the death of her husband, the complainant submitted that her mother-in-law at the instance of her elder son Srinivasa Rao tried to withdraw the claim amount without consent and knowledge of the complainant by suppressing the marriage. Therefore, the complainant filed S.O.P.No.2/2009 on the file of Junior Civil Judge, Kothavalasa and it was subseque...


Jan 24 2013

V. Bali Reddy Vs. M/S. Censo Widex Hearing Centre, Rep. by Its Manager ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-24-2013

Oral Order: (S. Bhujanga Rao, Honble Member) The unsuccessful complainant filed the appeal against the order dt.21.6.2011 of the District Forum-II, Hyderabad made in C.C.No.501/2010, which is filed by the appellant/complainant, seeking direction to the opposite parties to pay an amount of Rs.1,10,000/- towards the cost of the hearing aids and to pay an amount of Rs.2 lakhs towards compensation to the complainant and for costs. For the sake of convenience, the parties are described as arrayed in the complaint. The brief case of the complainant as set out in the complaint is as follows: On 7.3.2006 he approached and consulted Dr.K.R.Meghanath, E.N.T.Specialist in Vasavi E.N.T. and Cancer Institute, Lakdikapool, Hyderabad. The Doctor tested both his ears and opined that there is no clinical problem and referred to Audiology Department. The Audiology Technician tested both the ears of the complainant and gave a report to the effect that both the right and left ears Belatural Mild Medicatio...


Jan 23 2013

K. Ganga Reddy Vs. M/S Telco Construction Equipment Co.Ltd. and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-23-2013

Oral Order: (Sri R.Lakshminarasimha Rao, Honble Member) 1. The unsuccessful complainant is the appellant. The appellant filed complaint before the District Forum seeking for return of `8,26,127/- towards the cost of Proclainer and for payment of `7,75,000/- towards damages for keeping the vehicle idle and for payment of `4,800/- towards transportation charges of the proclaimer as also a sum of `2,30,873/- towards punitive damages. 2. The facts of the case as seen from the contents of the complaint are that the appellant purchased proclaim bearing machine model number JD315V on 5.05.2004 from the first respondent for excavation of loose soil on finance arranged by the second respondent which is sister concern of the first respondent to the extent of `12,82,000/- and he paid the margin money of 25% to the extent of `4,28,027/-. The loan amount was repayable @`52,350/- in 29 monthly installments with first installment amount being a sum of `53,500/-. The appellant paid the installments ti...


Jan 22 2013

Md.Ammanu Allah Ghouri Vs. the Government of Andhra Pradesh Rep. by

Court: Andhra Pradesh

Decided on: Jan-22-2013

THE HON'BLE SRI JUSTICE GODA RAGHURAM AND THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION Nos.6814 of 2009 and Batch 22-01-2013 MD.AMMANUALLAH GHOURI THE GOVERNMENT OF ANDHRA PRADESH REP. BY ITS SECRETARY, MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, HYDERABAD & OTHERS. GIST HEAD NOTE: Counsel for Petitioner: Sri N.V.Sumanth Counsel for Respondent: Learned Advocate General ?CASES REFERRED:1. AIR 196.SC 154.2 AIR 196.SC 110.3 1974 (1) SCC 59.4 1977 (2) SCC 45.5 1977 (3) SCC 9.6 1978 (2) SCC 14.7 AIR 198.SC 48.8 AIR 196.SC 104.9 AIR 196.SC 117.10 (2002) 2 SCC 67.11 (1997) 1 SCC 37.12 2003 (3) SCC 5.13 AIR 199.SC 8.14 AIR 199.SC 178.15 AIR 195.SC 25.16 AIR 199.SC 175.17 AIR 197.SC 133.18 2003 (3) SCC 32.19 2008 (7) SCC 73.20 2008 (7) SCC 74.21 AIR 195.SC 34.22 [1956] 1 All ER 85.23 2007 (5) SCC 21.24 (1991) 4 SC25. (1985) 3 SCC 26.26 AIR 198.SC 110.: (1987) 2 SCC 29.27 (2009) 6 SCC 17.28 (2000) 8 SCC 60.29 (2006) 13 SCC 38.30 2010 (3) ALD 50.(DB20...


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