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Andhra Pradesh Court March 2013 Judgments

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Mar 14 2013

M/S.Sri Srinivas Enterprises,tarnaka, Se Vs. Sri Narayandas and Others ...

Court: Andhra Pradesh

Decided on: Mar-14-2013

THE HON'BLE SRI JUSTICE M.S. RAMACHANDRA RAO CIVIL REVISION PETITION No.5778 o14. 03.2013 M/s.Sri Srinivas Enterprises,Tarnaka, Secunderabad and another. Sri Narayandas and others. HEAD NOTE: Counsel for Petitioners: Sri B.Nalin Kumar Counsel for Respondents: Smt.Manjari Ganu for Sri M.Papa Reddy. Cases referre1979. 2) APLJ 14...


Mar 14 2013

Vanagala Venkateswara Sastry Vs. Nokia India Pvt., Limited, Rep., by I ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-14-2013

Oral Order: (R. Lakshminarasimha Rao, Member) 1. The complainant being dissatisfied with the order passed by the District Forum for repairing of the mobile phone has filed the appeal contending that the District Forum had not taken into consideration of the pleadings and evidence as also the District Forum failed to consider the gravity of mental tension suffered by the appellant due to improper functioning of the mobile phone. It is contended that on number of occasions the appellant approached the respondents for repair of the mobile phone. 2. The appellant purchased mobile phone from the 2nd respondent on 26.4.2011 for Rs.4,200/-. The respondent offered warranty for one year for the mobile phone. The mobile phone stated to have not functioned from the date of its purchase and often it used to switch off. The respondent No.2 rectified the problem by changing the battery and thereafter other problems continued to exist. The appellant paid an amount of Rs.150/- on 18.10.2011 for extens...


Mar 14 2013

Bajaj Finance Ltd., (Formerly Known as Bajaj Auto Finance Ltd) and Ano ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-14-2013

Oral Order: (R. Lakshmi Narasimha Rao, Member) 1. The opposite parties are the appellants. The appeal is filed challenging the order of the District Forum whereby the appellants are directed to issue clearance certificate and certificate of registration and pay a sum of `1,000/- towards costs to the respondent no.1 2. The 1st respondent purchased Bajaj CT-100 DLX motor cycle from the 2nd respondent for consideration of `35,000/- which was availed as loan from the 2nd appellant. The 1st respondent entered into loan agreement with the appellants on 3.12.2005 for purchase of the vehicle. The monthly instalments payable are @ `1,634/- within a period of 24 months. 1st respondent said to have committed default in payment of monthly instalments and subject to payment of the amount due, the appellants said to have expressed their readiness to issue clearance certificate to the 1st respondent. 3. The 1st respondent had contended that he paid all the instalments inclusive of `2,634/- on 4.2.200...


Mar 14 2013

Race Automotives (P) Ltd., Rep., by Its Managing Director and Another ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-14-2013

Oral Order: (R. Lakshmi Narasimha Rao Honble Member) 1. The appeal is challenge to the order of District Forum which directed the appellants to replace the crane with a new crane and to pay `10,000/- towards compensation and `1,000/- towards costs. 2. The facts of the case as seen from the complaint are that the respondent purchased mobile hydraulic crane Race 12000 model from the appellants for consideration of `10,20,000/- on 26.3.2010 by obtaining loan from the Magna Finance, Vijayawada. The appellants offered warranty on the machine for 1000 hours or six months whichever is earlier. The machine is stated to be posed problems from the date of its purchase and the respondents brought the problems of the crane to the notice of the appellants who used to send service technicians to attend to the repairs. The defects in the machine said to have not been rectified. The vehicle was under repair for 45 days and further 25 days was elapsed in waiting for technicians of the appellants. The ...


Mar 13 2013

Shaik Adam Sharif Vs. the Area Marketing Manager, Bharat Petro

Court: Andhra Pradesh

Decided on: Mar-13-2013

THE HONOURABLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.3739 o13. 03.2013 Shaik Adam Sharif The Area Marketing Manager, Bharat Petroleum Corporation Ltd.,Hyderabad and others Counsel for the petitioner:Sri N.Subba Reddy Counsel for respondent Nos.1 & 2: Sri O.Manohar Reddy Counsel for respondent No.3 : Sri K.Rathangapani Reddy : ?Cases referred: Nil The Court made the following: ORDER: This Writ Petition is filed for a Mandamus to declare the action of respondent Nos.1 and 2 in selecting respondent No.3 for appointment as Retail Outlet Dealer of Somavarappadu Village, Tallur Mandal, Prakasam District, as illegal and arbitrary. I have heard Sri N.Subba Reddy, learned counsel for the petitioner; Sri O.Manohar Reddy, learned Standing Counsel for respondent Nos.1 and 2, and Sri K.Rathangapani Reddy, learned counsel for respondent No.3. In pursuance of the notification dated 15.04.2012 issued by the Bharat Petroleum Corporation Limited (for short 'BPCL'), the petitioner applied ...


Mar 12 2013

Brilliant Bio Pharma Limited, Tgv Mansio Vs. Company Petition No.91 of ...

Court: Andhra Pradesh

Decided on: Mar-12-2013

THE HON'BLE SRI JUSTICE SANJAY KUMAR COMPANY PETITION NOS.90; 91 OF 201.12-03-2013 Brilliant Bio Pharma Limited, TGV Mansion, III Floor, 6-2-1012, Khairatabad, Hyderabad, A.P., represented by its Executive Director, Sri Madan Mohan Rao. COMPANY PETITION NO.91 OF 2012.Brilliant Industries Limited,TGV Mansion, II Floor, 6-2-1012, Khairatabad, Hyderabad, A.P., represented by its Executive Director, Sri Madan Mohan Rao. COMPANY PETITION NOS.90 AND 9.OF 201.C O M M O N ORDER Company Petition No.90 of 2012 is filed by Brilliant Bio Pharma Limited, the demerged company, while Company Petition No.91 of 2012 is filed by Brilliant Industries Limited, the resulting company. By way of these petitions, the two companies seek sanction of this Court under Sections 391 to 394 of the Companies Act, 1956 (for brevity, 'the Act of 1956') apropos their proposed scheme of arrangement, whereby the business divisions of vaccines and wind energy of the demerged company are to be transferred to the resulting c...


Mar 12 2013

The Branch Manager, M/S Kapil Chit Fund (P) Ltd. Vs. Asi Antharyami Re ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-12-2013

Oral Order: (R. Lakshminarasimha Rao, Member) 1. The opposite party has filed appeal challenging the order of the District Forum whereby the appellant-chit fund company is directed to pay an amount of Rs.17,596/- with interest @12% p.a. and Rs.3,000/- towards compensation and Rs.3,000/- towards costs. 2. The respondent joined in the chit group bearing reference no PLT 0111-49 with the appellant for the chit value of Rs.3,00,000/- and the monthly subscription payable for the chit is Rs.5,000/- in duration of 50 months. The chit was commenced in the month of February, 2006 and it was terminated in the month of March, 2010. The monthly subscription was agreed to be paid is Rs.6,000/-.. The respondent contended that he contributed for 45 months an amount of Rs.2,70,000/-. The respondent having agreed to forego Rs.1,15,000/- was declared successful bidder and the appellant issued cheque for Rs.1,37,210/- and retained an amount of Rs.47,596/- for depositing for one year. The respondent was d...


Mar 12 2013

G. Balakrishna Reddy Vs. Abilio Dias Consumer Affairs Officer Colgate ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-12-2013

Oral Order: (Smt. M. Shreesha, Member) 1) Aggrieved by the order in CC No. 11/2012 on the file of District Forum, Chittoor the complainant preferred this appeal u/s 15 of the Consumer Protection Act. 2) The brief facts as set out in the complaint are that the complainant purchased 100 gms of Colgate tooth paste in Op2 shop on 11.12.2011 but the bill was obtained on 28.3.2012 for Rs. 30/-. The complainant submits that as per the terms and conditions mentioned on the wrapper of the colgate tooth paste he was eligible for winning 100 gms of gold, and he addressed registered letters to opposite party on 12.12.2011 and 17.1.2012 but did not get any response. 3) Op1 filed written version stating that the message printed on the carton is Congratulations you have won five golden oral care tips which are as follows : 1) brush two times a day 2) eat foods rich in vitamins and minerals 3) use trusted products 4) visit your dentist every six months 5) replace your tooth brush every three months an...


Mar 11 2013

Baratam Venkata Chengalva Murty(Died) Pe Vs. Ladi Dalappanna and Four ...

Court: Andhra Pradesh

Decided on: Mar-11-2013

THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU SECOND APPEAL No. 149 o11. 03.2013 Baratam Venkata Chengalva Murty(died) per LRs Baratam Lakshmikantham and four others. Ladi Dalappanna and four others. Counsel for Appellants: Sri M.S.R. Subrahmanyam, Advocate Counsel for Respondents: Sri M.V.S. Suresh Kumar, Advocate : ?Cases referred:1. AIR 200.Supreme Court 1284. JUDGMENT: The 1st defendant who lost the suit in both the Courts below is the Appellant. He died after filing of the second appeal and his legal representatives were brought on record. Mother of the plaintiffs 1 to 4 by name Ladi Venkata Narasamma is elder sister of the 1st defendant. The 2nd defendant is younger sister of Venkata Narasamma and the 1st defendant. All of them are children of Baratam Narayana Murty and the 3rd defendant. The plaintiffs 1 to 4 filed the suit in the trial Court for possession of the plaint schedule property, for profits both past and future in respect thereof. The plaint schedule property consis...


Mar 11 2013

Prathipati Jogayyamma Vs. 1. Vobhilineni Veera Venkata Satyanaraya

Court: Andhra Pradesh

Decided on: Mar-11-2013

HON'BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU SECOND APPEAL No.141 o11. 03.2013 Prathipati Jogayyamma 1. Vobhilineni Veera Venkata Satyanarayana And others Counsel for the appellant: Sri M.S.R.Subrahmanyam Counsel for the Respondents: Sri Venkateswara Rao Gudapati : : Cases referred: AIR 200.Supreme Court 2649 JUDGMENT: The then learned Judge admitted this second appeal in view of substantial questions of law raised in ground Nos.9(a) and (b) of the memorandum. Those substantial questions of law are as follows: a) whether on the facts and in the circumstances of the case, the appellant has a right to claim partition of B schedule items in view of the facts that a division could be inferred between the male members-defendants 1 and 2 by reasons of the facts (a) that they were living in separate door numbers, (b) that they were enrolled as votors in two different door numbers and (c) that they have separate ration cards and such admitted facts are inconsistent with their non-division of B ...


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