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Andhra Pradesh Court November 2013 Judgments

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Nov 13 2013

Shaik Gousiya Beg Vs. Shaik Hussan and Others.

Court: Andhra Pradesh

Decided on: Nov-13-2013

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY C.R.P. No.2997 OF201313-11-2013 Shaik Gousiya Begum. ..Petitioner Shaik Hussan and others.... Respondents Counsel for the Petitioner: Sri K.Narasimha Chary Counsel for the Respondent: Sri V.Raghu HEAD NOTE: ?.Cases referred 1 AIR1966Andhra Pradesh 295 2 2011 (3) ALD1743 2012 (3) ALD67(SC) 4 AIR2009Supreme Court 1604 5 AIR1980Andhra Pradesh 265(1) HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY C.R.P. No.2997 OF2013ORDER: This Civil Revision Petition is filed aggrieved by common order dated 01.07.2013 in I.A.No.201 of 2013 in O.S.No.234 of 2007 passed by the Junior Civil Judge, Kodad, wherein the Court below dismissed the above petition.2. Brief facts which are necessary for disposal of the Civil Revision Petition are as follows: The petitioner/plaintiff filed suit O.S.No.234 of 2007 on the file of the Junior Civil Judge, at Kodad, on 05.09.2007 and the respondent/defendant filed written statement on 13.12.2007. P.W.1 was examined on 21.01.2011. He wa...


Nov 13 2013

The Divisional Manager, United India Insurance Co.Ltd., Ananthapur Vs. ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Nov-13-2013

Oral Order: (R. Lakshminarasimha Rao, Member) 1. Having heard the learned counsel for the petitioner, and having perused the material on record, we are of the opinion that this matter can be disposed of at the stage of admission. 2. The opposite party no.2 preferred the appeal against the order of the District Forum and along with it the application to condone the delay of 13 days was filed on the ground that the after getting the opinion of the advocate it had preferred the appeal and in the process a delay of 13 days ensued. Therefore the delay is sought to be condoned. The appeal was returned with certain objections which were to be rectified and the appeal to be represented within 10 days. The appeal has been filed with a delay of 1244 days on the premise that the appeal was returned for want of statutory deposit receipt and the same was informed to the Divisional Office at Ananthapur and that the file was forwarded to the Regional Office for filing the appeal whereby the branch of...


Nov 13 2013

National Insurance Companylimitedrep.B Vs. Guguloth Venkanna and Othe

Court: Andhra Pradesh

Decided on: Nov-13-2013

HONOURABLE Dr. JUSTICE B. SIVA SANKARA RAO M.A.C.M.A. No.3214 of 2011 13-11-2013 National Insurance Company Limited Rep.by its Branch Manager, Warangal district....Appellant Guguloth Venkanna and others....Respondents Counsel for the Appellant:Smt M.Bhaskara Lakshmi Counsel for respondent Nos.1 to 6 : Sri A.Prabhakar Rao, Counsel for respondent No.7 : None appeared HEAD NOTE: ?.Cases referred:1. 2007 AIR SCW72802) 1965(1) All.E.R-563 3) 1963(2) All.E.R.432 4) 1969(1) All.E.R.555 5) 1995 ACJ366SC) 6) 2013(4) ALT35SC) 7) 2009 ACJ12988) 2011(8) Scale 240 HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO M.A.C.M.A.No.3214 OF2011JUDGMENT: The National Insurance Company Limited-appellant filed this appeal, having been aggrieved by the Order/Award of the learned Chairman of the Motor Accidents Claims Tribunal-cum-VI Additional District Judge (Fast Track Court), Warangal at Mahaboobnagar (for short, 'Tribunal') in M.V.O.P.No.262 of 2010 dt. 30.06.2011, awarding compensation of Rs.4,54,000/-(Rupees fou...


Nov 12 2013

Bayyarapu Narayana Raidu, S/O. Gopal Rao Vs. Smt. Pagadala Varalaxmi, ...

Court: Andhra Pradesh

Decided on: Nov-12-2013

THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO CMA.No.219 of 2013 12-11-2013 Bayyarapu Narayana Raidu, S/o. Gopal Rao,R/o. Warangal District and another... Appellants Smt. Pagadala Varalaxmi, W/o. P.L.H. Gopal,R/o.Dilsukhnagar, Hyderabad....Respondent HEAD NOTE: Counsel for the Appellants: Sri P. Vinayaka Swamy Counsel for the respondent : Sri M. Papa Reddy ?.Cases referred:1. (2004) 4 SCC262. (2012) 5 SCC5403. (2004) 1 SCC2714. AIR2005SC4407at Pg.4412 5. (2004) 10 SCC7796. AIR1999SC11257. AIR2002SC7718. (2008) 8 SCC4859. 1985 (2) ALT478The Court made the following : [order follows]. THE HON'BLE SRI JUSTICE M.S. RAMACHANDRA RAO CMA.No.219 of 2013 JUDGMENT : This appeal is filed under Order LVIII Rule 1(u) of CPC challenging the order dt.16.11.2012 in AS.No.120 of 2010 of the II Addl. District Judge, Warangal, setting aside the judgment and decree dt.21.07.2010 in OS.No.778 of 2006 of the Prl. Junior Civil Judge, Warangal, and remitting the matter back to the Trial Court for fresh disposal...


Nov 12 2013

Saraswathieducational Society and Five Vs. the Govt. of A.P.Rep., by I ...

Court: Andhra Pradesh

Decided on: Nov-12-2013

THE HON'BLE Sr.JUSTICE NOOTY RAMAMOHANA RAO W.P.No.27535 of 2013 06-11-2013 Jadhav Subhash Rao and another....Petitioners The State of Andhra Pradesh, Rep. by its Commissioner and others....Respondents Counsel for the petitioneRs.Smt.D.Padmavathi Counsel for Respondent No.1 : GP for Endowments Counsel for Respondent No.2 : Sr.Ch. Satish Kuamar Counsel for Respondent No.3 : Sr.M.V.Pratap Kumar HEAD NOTE: ?.Cases referred THE HON'BLE Sr.JUSTICE NOOTY RAMAMOHANA RAO W.P.No.27535 of 2013 ORDER: This Writ Petition is filed by two businessmen challenging the orders passed on 12-09-2013 by the Commissioner of Endowments, according permission to the Executive Officer of Sr.Gnana Saraswathi Devasthanam, Basara Village, Mudhol Mandal, Adilabad District, for extension of licence for maintenance of a hotel / canteen on the upstairs of the shopping complex building of the temple for a period of three yeaRs.commencing from 01-09-2013 in favour of the existing tenant, on an enhanced licence fee of 10...


Nov 12 2013

Dr.M. Srinivas Rao, S/O. Late M. Pochai Vs. Madhura Centre/TiffIn Rep. ...

Court: Andhra Pradesh

Decided on: Nov-12-2013

THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO CRP.No.4274 of 2011 AND BATCH1211-2013 Dr.M. Srinivas Rao, S/o. Late M. Pochaiah... Petitioner/ Plaintiff Madhura Centre/Tiffin rep. by its owner and another...Defendant Nos.1 and 2 /Respondents Counsel for the petitioner/plaintiff: Sri P. Narsing Rao Counsel for Defendant Nos.1 and 2/ Respondents : Sri MVS.Suresh HEAD NOTE: ?.Cases referred:1. AIR2005SC2422. (2013) 4 SCC3333. (1967) 3 SCR886= AIR1968SC1114. (2009) 6 SCC1945. AIR1974AP268(D.B.) The Court made the following : [order follows]. THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO CRP.Nos. 4274 and 3033 of 2011 COMMON ORDER : The petitioner in both these revisions filed under Art.227 of the Constitution of India, is the plaintiff in OS.No.972 of 2006 on the file of XII Junior Civil Judge, City Civil Court, Hyderabad. As the subject matter of both these revisions are inter-related, they are being disposed of by this common order. The parties will be referred to as per their array in CRP.No...


Nov 12 2013

M/S Kotak Mahindra Old Mutual Life Insurance Ltd. Vs. Maddireddy Nagam ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Nov-12-2013

Oral Order: (R. Lakshminarsimha Rao, Member) 1. This is an appeal preferred by M/s Kotak Mahindra Old Mutual Life Insurance Ltd., against the order of the District Forum u/s 15 of C.P.Act along with it an application F.A.I.A.No.2773 of 2013 to condone delay of 131 days on the ground that after obtaining approval on 14.8.2013 it instructed its legal firm in New Delhi to draft the grounds of appeal and the appeal was drafted and was sent for approval on 22.8.2013. It is submitted that the legal firm required certified copy of the order which was not received by the petitioner company from the District Forum and the certified copy of the order obtained by the legal firm was misplaced and as such the petitioner company obtained another CC of the order on 6.9.2013 and in the process a delay of 131 days was ensued. 2. In the light of the fact that delay was 131 days without any material whatsoever to substantiate the delay, we do not intend to order any notice to the respondent as no improve...


Nov 12 2013

Abdul Jaleel(Died) and OThe Vs. Col. Denyl Winston Ferries and Others. ...

Court: Andhra Pradesh

Decided on: Nov-12-2013

THE HON'BLE Sr.JUSTICE L.NARASIMHA REDDY AND THE HON'BLE Sr.JUSTICE M.S.K.JAISWAL L.P.A.No.82 of 1992 12-11-2013 Abdul Jaleel (died) and others .Appellants Col. Denyl Winston Ferries and others.Respondens Counsel for appellants : Sr.Mirza Safiulla Baig Counsel for 1st respondent : Sr.Jagan Mohan Reddy HEAD NOTE: ?.CASES REFERRED : ------- JUDGMENT : (Per LNR,,J.The legal representatives of the sole plaintiff in O.S.No.520 of 1983 on the file of the Additional Subordinate Judge, Ranga Reddy District, are the appellants. For the sake of convenience, the parties are referred to, as arrayed in the suit. The suit was filed for the relief of specific performance of an Agreement of Sale, dated 07.12.1979. The 1st defendant (for short 'the defendant') in the suit i.e., the 1st respondent herein, agreed to sell an extent of Acs.12.35 guntas of land in Survey Nos.14 to 16 of Sikenderguda Village of Rajendranagar Taluk, R.R.District, for a sum of Rs.39,000/-. On the date of the agreement, advance...


Nov 12 2013

Sono Printers Pvt.Ltd., Raghava Ratna to Vs. Registrar of Companies, I ...

Court: Andhra Pradesh

Decided on: Nov-12-2013

THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY AND THE HON'BLE SRI JUSTICE M.S.K.JAISWAL O.S.A.No.47 of 2011 12-11-2013. Sono Printers Pvt.Ltd., Raghava Ratna Towers, Chirag Ali Llane, Abids, Hyderabad, Rep.by its Director - Sri K.Vidyullatha..Appellant Registrar of Companies, II Floor CPWD Building, Kendriya Sadan, Sulthan Bazar, Koti, Hyderabad ..RESPONDENT Counsel for the appellant: Sri V.Ravinder Rao Counsel for the respondent : SRI.Ponnam Ashok Goud : ?.CITATIONS: THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY and THE HON'BLE SRI JUSTICE M.S.K.JAISWAL O.S.A. No.47 of 2011 DATED:12. .11..2013 O.S.A. No.47 of 2011 JUDGMENT:(Per the Hon'ble Sri Justice L. Narasimha Reddy) This appeal is filed against the order, dt.12.07.2011 passed by a learned single Judge of this Court in C.A.No.568 of 2011.2. The background of the case, in brief, is as under: The appellant was incorporated as a Company under the Companies Act, 1956 (for short 'the Act') on 17.11.1989 with its registered office in Hyderabad...


Nov 12 2013

Veluri Raja Rajeswa Vs. Veluri Santhansagar Reddy and Anoth

Court: Andhra Pradesh

Decided on: Nov-12-2013

THE HONOURABLE Sr.JUSTICE B.CHANDRA KUMAR CRP No.4934 of 2010 12-11-2013 Veluri Raja Rajeswari ...Petitioner Veluri Santhansagar Reddy and another ...Respondents Counsel for the Petitioner: Smt.M.Vidyavathi Counsel for the Respondents:Sr.M. Venkata Narayana : ?.Cases Referred: THE HON'BLE Sr.JUSTICE B. CHANDRA KUMAR C.R.P.No.4934 of 2010 Order: This CRP is directed against the order dated 09.02.2010 passed in IA No.815 of 2009 in FCo.No.340 of 2008 by the Judge, Family Court, Nellore, SPSS Nellore District. The brief facts of the case are as follows. The petitioner herein is the wife of the fiRs.respondent herein. The second respondent is the mother of the fiRs.respondent. The petitioner initially filed a suit for return of gold and silver ornaments and the amount given towards household articles etc., amounting to Rs.8,02,500/-. Subsequently, the said suit was converted as FCo.No.340 of 2008. It appears that after the respondents filed counter, issues were framed and both sides eviden...


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