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Andhra Pradesh Court March 2013 Judgments

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Mar 21 2013

P. Ravinder Reddy Vs. Nalamalapur Subba Reddy and Another

Court: Andhra Pradesh

Decided on: Mar-21-2013

THE HON'BLE SRI JUSTICE K.G.SHANKAR CRIMINAL PETITION No.5557 o21. 03.2013 P. Ravinder Reddy Nalamalapur Subba Reddy and another Counsel for the Petitioner: Sri K.Maheswara Rao Counsel for Respondent No.1: Sri P.Veera Reddy. Counsel for respondent No.2: The Public Prosecutor. : : ?Cases referred: ORDER: There is no representation for the first respondent, although the first respondent entered appearance. The learned counsel for the petitioner contended that as the case offends Section 200 Cr.P.C., the petitioner is entitled to acquittal. 2. The petitioner is the sole accused in C.C.No.460 of 2009 on the file of the learned II Additional Judicial First Class Magistrate, Ongole for the offence under Section 138 of the Negotiable Instrument Act, 1881 (for brevity, 'the Act'). The docket order, dated 04.12.2009, shows that the sworn statement of the de facto complainant was received and the case was taken on file under Section 138 of the Act. The docket thus evidently shows that the sworn ...


Mar 21 2013

M. Karthik Reddy Vs. M/S Pragati Green Meadows and Resorts Ltd., Rep. ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-21-2013

Oral Order: (R. Lakshminarasimha Rao, Member) 1. The unsuccessful complainant is the appellant. He filed the complaint seeking for return of the amount of Rs.11,13,034 with interest registration charges of Rs.41,000/-, Rs.1,00,000/- towards compensation and Rs.10,000/- towards costs. 2. The first respondent-company, a developer floated a venture for sale of plots under the name and style of Pragathi Green Heights and Resorts Ltd at Medipally village, Moinabad Mandal, Ranga Reddy district. The appellants father stated to have been influenced and induced by the representations of the agents of the respondent about the layout, future prospect, world class amenities and potentiality of the venture, applied for two plots, one plot in the name of the appellant and another plot in the name of the appellants sister, Akhila Reddy. The respondents allotted two plots, Plot no.753 in the name of the appellant and plot no.753 in the name of his sister each plot measuring 500 sq.yards . Cost of each...


Mar 20 2013

i.Aga Reddy and Others. Vs. S.Dharneet Singh and Another.

Court: Andhra Pradesh

Decided on: Mar-20-2013

THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY AND THE HON'BLE SRI JUSTICE C.R.P.Nos.3785 & 3786 of 2011 and C.M.A.No.937 o20. 03.2013 I.Aga Reddy and others. S.Dharneet Singh and another. Counsel for the petitioners: Sri J.V.Suryanarayana Counsel for 1st respondent: Sri Kishore Rai HEAD NOTE: ?Cases referred: C.R.P.Nos.3785 & 3786 of 2011 and C.M.A.No.937 of 2011 COMMON JUDGMENT : (Per LNR,J) These two revisions and appeal arise out of a common order, dated 17.08.2009 passed by the learned Chief Judge, City Civil Court, Hyderabad in O.S.No.379 of 2008. Hence, they are disposed of through a common order. For the sake of convenience, the parties are referred to as arrayed in the revisions. The 1st petitioner had two sons, by name Devender Reddy, the husband of 2nd petitioner and father of petitioners 3 and 4, and Rajender Kumar, 2nd respondent herein. The 1st petitioner is an Advocate, and earlier, he practiced at Karimnagar. He acquired an item of property bearing plot No.1352 situa...


Mar 20 2013

M/S Hinduja Leyland Finance Ltd. and Another Vs. T. Ramesh

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-20-2013

Oral Order: (R. Lakshminarasimha Rao, Member) 1. The opposite party is the appellant. The appeal is challenge to the order of the District Forum whereby the appellant was directed to return Tata LPT 909 bearing registration No. AP 2U 8123 to the respondent along with inventory and pay Rs.70,000/- towards compensation and Rs.20,000/- per month from the date of filing of complaint till the vehicle is delivered to the respondent and a sum of Rs.3,000/- towards costs. The liability of the respondent permitted to continue under the loan agreement. 2. The case of the respondent availed loan an amount of Rs.2,80,000/- from the appellant-company for purchase of Tata LPT 909 vehicle bearing registration number AP2U 8123. The respondent stated to have purchased the vehicle to eke out his livelihood. The appellant deducted an amount of Rs.9,000/- towards processing charges out of the sanctioned amount and released a sum of Rs.2,71,000/-. EMI was fixed at Rs.11,600 which included charges for insur...


Mar 20 2013

Pannalal Bhati and Others Vs. M/S Ge Country Wide Consumer Financial S ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-20-2013

Oral Order: ( Sri R.Lakshminarasimha Rao, Member) 1. The opposite party has filed the appeal challenging the order of the District Forum and the complainants have filed appeal for enhancement of the amount of Rs.10,000/- awarded as compensation by the District Forum. Both appeals are directed against the same order. 2. For the sake of convenience and felicity of expression, the parties are referred to as they are referred in the complaint. 3. The facts of the case as seen from the complaint are that the complainant availed loan of Rs.4,00,000/- from the opposite party-finance company in the year 2003 and the opposite party sanctioned the loan on 30.05.2003 repayable in installments from 30.08.2003 till 01.06.2011. The complainants mortgaged their title deed document bearing number 878/1998 for repayment of the loan amount. The complainants paid the entire loan amount by 02.06.2011. The collection agents of the opposite party demanded over phone and visited the complainants for payment ...


Mar 18 2013

Battula Malakondaiah Vs. Angirekulapadu Gram Panchayat,represente

Court: Andhra Pradesh

Decided on: Mar-18-2013

HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.1146 o18. 3-2013 Battula Malakondaiah Angirekulapadu Gram Panchayat,Represented by its Executive Authority-Cum- Panchayat Secretary, Lingasamudram Mandal,Prakasam District and others HEAD NOTE: Counsel for petitioner : Sri Naram Nageswara Rao Counsel for respondent Nos.1 & 3 : Sri Raju for Sri G. Elisha Counsel for respondent No.2 : Sri G. Ramachandra Rao for Sri G. Pedda Babu ?CASES REFERRED: Nil The Court made the following: ORDER: This Writ Petition is filed for a mandamus to set-aside proceedings Rc.not PS/04/2012, dated 17-1-2013 of respondent No.1 whereby it has rejected the petitioner's representation not to evict him from the land in his occupation in Sy.No.111 of Anneboyinapalle village. The petitioner pleaded that his family is in possession of an extent of Ac.0-10 cents in the above mentioned survey number belonging to respondent No.1. That the petitioner is using the said site for placing hayricks, firewood, dung heaps, te...


Mar 18 2013

Bajaj Allianz Life Insurance Co.Ltd., Rep. by Its Manager Vs. Ganesana ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-18-2013

Oral Order: (R. Lakshminarasimha Rao, Member) 1. The opposite party-insurance company is the appellant. The respondents filed complaint seeking for payment of insurance sum assured along with interest and compensation from the appellant-insurance company. 2. The husband of the first respondent during his life time obtained four life insurance policies bearing nos.1323063, 138859327, 132311785 and 1033487912 respectively and he appointed the first respondent as his nominee for the first three life insurance policies and the second respondent for the fourth insurance policy. The father of the second respondent died on 06.09.2010 and after his death, the respondents submitted claim forms along with the insurance policies and death certificate of the insured. The appellant-insurance company repudiated the claim on 31.09.2010 and the respondents submitted representation to the Claims Review Committee on 28.02.2011. As there was no action taken by the Claims Review Committee, the respondents...


Mar 18 2013

M/S Sree Sai Coastal Techno Links and Another Vs. the General Manager, ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-18-2013

Oral Order: (R. Lakshminarasimha Rao, Member) 1. Unsuccessful complainants are the appellants. They filed complaint seeking relief of refund of the cost of the machine, Rs.9,60,000/-besides damages, compensation and costs. 2. The case of the appellants is that the second appellant has been running the wheel alignment centre, i.e. the first appellant firm for the purpose of eking out his livelihood and they purchased MIGI JBC V3D Ultra Wheel aligner and FOCUS F-90 wheel balancer from the respondents no.1 to 3 through the respondent no.4 for consideration of Rs.9,60,000/- on 28.12.2005 and after it being installed by the engineers of the respondents, the machine developed technical snag which was inspected by the respondents and the machine was replaced with a new machine on 28.09.2006 by extending warranty from 28.09.2006 to 27.09.2008. 3. Further, it is the case of the appellants that the respondents had not furnished rear wheel slip plates at the time of replacement of the machine and...


Mar 18 2013

The Branch Manager, State Bank of India Near Vegetable Market Vs. Gora ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-18-2013

Oral Order: (R. Lakshminarasimha Rao, Member) 1. The opposite party-bank is the appellant. The respondent filed complaint seeking direction to the appellant-bank to pay the amount maturity of the deposit with interest and an amount of Rs.4,78,508/- towards compensation and costs of Rs.10,000/-. 2. The respondent holds savings bank account bearing number 10905185547 with the appellant-bank and he deposited an amount of Rs.50,000/- with the appellant-bank on 23.11.2004 with the agreement for the appellant to credit from time to time the interest accrued on the deposit to his savings bank account. The respondent stood as guarantor for repayment of Rs.50,000/- obtained as loan from the appellant-bank and he executed guarantee deed as also kept the fixed deposit receipt as collateral security with the appellant-bank 3. As per the terms of the loan agreement, the respondents son agreed to repay the loan amount in 84 monthly installments @ Rs.595/- plus Rs.20/- plus interest commencing from 1...


Mar 18 2013

M/S National Insurance Company Limited, Rep. by Its Manager and Anothe ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-18-2013

Oral Order: (Smt. M. Shreesha, Member) 1) Aggrieved by the order in CC No. 130/2010 on the file of District Forum, Kurnool the Opposite Party insurance company preferred this appeal u/s 15 of the Consumer Protection Act. 2) The brief facts as set out in the complaint are that the complainants husband lateMarabuyani Maddaiah obtained Group Janata Personal Accident Insurance Policy from the appellant insurance company through Op1 for a sum of Rs. 3 lakhs covering the period from 31.3.2004 to 30.3.2009 keeping the complainant as nominee. As per the terms of the policy in case of accidental death during the currency of the policy the nominee is entitled to the sum assured. While so, on 30.6.2007 husband of the complainant M. Maddaiah died of snake bite. After coming to know about the policy after issuing legal notice the complainant submitted the claim form along with death certificate issued by MRO, Dhone claiming the amount covered under the policy, however, it was repudiated on the grou...


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