Andhra Pradesh Court April 2013 Judgments
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M. Radhakrishna Reddy Vs. M/S. Gandham Associates and Another
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Apr-24-2013
Oral Order: (R. Lakshminarasimha Rao, Member) 1. The Revision Petitioner has filed the application seeking permission to convert the revision petition into appeal on the premise that this Commission questioned maintainability of the revision petition. 2. The respondent has resisted the petition on the premise that the revision petition cannot be converted into appeal and the petitioner has to file appeal afresh. 3. No evidence is adduced on both sides. 4. Heard the counsel for petitioner and respondent. 5. The point for consideration is whether the petitioner is entitled to the relief sought for? 6. The petitioner/opposite party filed I.A.No.648 of 2009 seeking direction to return the complaint to the complainant for approaching civil court as the subject matter of the complaint and the suit, O.S.No. 27 of 2009 is the same. The respondent/complainant contended that the relief sought for in the complaint is for allotment of two car parking slots as mentioned in the sale deed and compens...
The Regional Provident Fund Commissioner and Another Vs. Sajjan Kumar ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Apr-24-2013
Oral Order: (R. Lakshminarasimha Rao, Member) 1. The respondent filed complaint claiming direction to the appellant to pay monthly pension of Rs.450/- and interest of Rs.1944/- on the pension of Rs.10,800/- and Rs.25,000/- towards compensation for suffering mental tension and Rs.5,000/- towards costs. 2. The District Forum allowed the complaint and directed the appellants to pay an amount of Rs.2,500/- towards damages and Rs.1,000/-towards costs and the amount is directed to be recovered from the concerned officers of the appellants. The District Forum also awarded a sum of Rs.5,000/- towards damages and the relief is not found in the relief portion or operative potion of the order. 3. Paragraphs 11 and 12 of the order of the District Forum which deal with the relief granted by it read as follows: 11. POINT No.2:-The complainant claimed Rs.1944/- as interest and Rs.25,000/- towards mental agony; Rs.25,000/- towards compensation. No doubt if an employee did not get pension in time his ...
T.Hari Pras Vs. the Commissioner of Prohibition and Excise
Court: Andhra Pradesh
Decided on: Apr-23-2013
THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.38320 o23. 04.2013 T.Hari Prasad ...Petitioner Vs. The Commissioner of Prohibition & Excise, Hyderabad and others ...Respondents Counsel for the petitioner: Sri M.P.Chandramouli Counsel for respondents: Government Pleader for Prohibition and Excise : : ?Cases referred: ORDER: This writ petition is filed for a mandamus to declare the action of the respondents in not granting permission to the petitioner to establish A-4 shop at door No.13-1-1091/A, P.K.street, ward No.14, Tirupati Municipal Corporation as illegal and arbitrary. The petitioner sought for a consequential direction to the respondents to permit him to shift the A-4 shop to the abovementioned premises from S.N.puram, Rajeevnagar, Panchayat, Tirupati Urban Mandal. I have heard Sri M.P.Chandramouli, learned counsel for the petitioner, and the learned Assistant Government Pleader for Prohibition and Excise. In response to the notification issued by respondent No.4...
Manoj Kumar Kanuga and 3 Others Vs. Marudhar Power Pvt. Ltd and 18 Oth ...
Court: Andhra Pradesh
Decided on: Apr-23-2013
THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN COMPANY APPEAL No.10 OF 201.23-04-2013 Manoj Kumar Kanuga and 3 others Marudhar Power Pvt. Ltd and 18 others Counsel for the appellants: Mrs. Sangeeta Bhaskar Counsel for the respondents:Sri Ch. Ramesh babu Sri Prabhakar Sripada, Sri S. Siva Shanker, Sri K. Surender : CITATIONS:1. AIR 196.SC 163.2) (2005) 127 Comp Cas 336 (AP-DB) 3) (1999) Vol.35 CLA 9.(DB) 4) (1969) 72 ITR 40.(SC) 5) AIR 195.SC 42.6) AIR 196.SC 10.7) (2012) 4 SCALE 17 8) CO.A. (SB) 9/2011, dated 20.04.2011 (Delhi High Court) 9) (2008) 3 SCC 36.10) AIR 196.SC 115.11) AIR 195.SC 55.12) (2011) 101 CLA 34.(Mad 13) AIR 195.SC 5.14) AIR 197.SC 159.15) [1957] 31 ITR 2.(SC) 16) (1998) 92 Comp Cas 910 (Guj) 17) AIR 199.Delhi 51 (FB) 18) (AIR 196.P & H 4.19) AIR 195.Ca20. (1973) 43 Comp Cas 189 (Del-DB) 21) AIR 197.Del 302 (DB) 22) (1983) 54 Comp Cas 301 (DEL) 23) (1989) 66 Comp Cas 684 (All-DB) 24) (1963) 33 Comp Cas 826) (Bom) 25) (1999) 98 Comp.Cas.806 (AP) 26) AIR 199.SC 315.27...
Ch. Naga Tej Vs. Bmw India Financial Services Pvt Ltd., Rep. by Its Fi ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Apr-23-2013
Oral Order: (R. Lakshminarasimha Rao, Member) 1. The complaint is filed claiming release of BME car by receiving a sum of Rs.5,00,000/- towards pending installments, a sum of Rs.10,00.000/- towards compensation for suffering mental agony and Rs.50,000/- towards costs. 2. The complainant is director of Sri Kaleshwari Travels and availed loan of Rs.34,51,000/- for purchase of BMW car which was later registered with registration number AP16 BY 0005. The car was used by the director of the company for his personal and family necessities. The car was hypothecated with the opposite parties. The complainant started paying the installments from June,2011 to the opposite party. The complainant had been to the USA on 24.01.2012 and returned to India on 24.01.2012. By the date he left India, the complainant paid the entire installments due and he informed the local branch of the opposite party that he would pay the installments after he returned to India. 3. As on 10.02.2012 there were 2 installm...
Smt. G. Padmavathi Vs. M/S Hindustan Motors Ltd., Rep. by Its Managing ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Apr-23-2013
Oral Order: (R. Lakshminarasimha Rao, Member) 1. The unsuccessful complainant is the appellant. She filed complaint claiming replacement of Ambassador car or in the alternative for refund of the amount of Rs.5,78,000/- with interest and a sum of Rs.1,00,000/- towards compensation for suffering mental tension and Rs.3,000/- towards costs. 2. The appellant purchased Ambassador car on availing loan of Rs.5,78,000/- from Andhra Bank on 23.06.2008 and she paid balance sale consideration. The appellant paid consideration of Rs.5,91,503/- to the respondents. The appellant said to have complained of car posing problems relating to engine, AC, power steering and gears. The third respondent stated to have collected an amount of Rs.1328/- for first service on 25.02.2008 and Rs.1406/- on 17.12.2008 during third servicing and did not rectify the problem. The appellant said to have approached M/s Vasishta Motors which said to have collected a sum of Rs.759/- and failed to rectify the problems of the...
M/S. Bajaj Allianz General Insurance Co.Ltd., Rep. by General Manager ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Apr-23-2013
Oral Order: (R. Lakshminarasimha Rao, Member) 1. The opposite party insurance company is the appellant. The respondent company filed complaint seeking for the amount of Rs.8,50,000/- together with compensation and costs. 2. The case of the respondent-company is that it has branch office at Ongole. The respondent-company had taken land on lease from Medishetty Subba Rao for the purpose of running its business and it had obtained from the appellant-insurance company bearing Number 0G09-1802-4095-00000010 for the period from 27.08.2008 to 26.08.2009. There arose dispute between the respondent-company and the land owner and the respondent-company filed suit, O.S.No.466 of 2008 before the Court of Junior Civil Judge, Ongole and obtained interim order and the land owner along with his men armed with weapons entered the premises on 3.10.2008 and caused damage to the electrical and flexi items. 3. The respondent company lodged complaint with the police and a case in crime number 339 of 2008 wa...
M/S. United Steel Allied Industries Priv Vs. M/S. Indian Bank, Corpora ...
Court: Andhra Pradesh
Decided on: Apr-22-2013
HON'BLE SRI JUSTICE N.R.L. NAGESWARA RAO WRIT PETITION Nos.19297 of 2012 & 33655 of 2011 & COMP.A.Nos.1972 of 2011 & 421 of 2013 in C.P.No.215 o22. 04.2013. M/s. United Steel Allied Industries Private Limited ....Petitioner M/s. Indian Bank, Corporate Office, and others ...Respondents Counsel for the Petitioner: Counsel for the Respondents: : : ?Cases referred:1. (2004) 4 SCC 31.2. 2013 LawSuit(SC3. 2012 (2) D.R.T.C. 47 (M.P.) 4. (2006) 134 Comp Cases 267 (Madras) 5. (2005) 127 Comp Cases 85 (Madras) 6. 2004 Comp Case7. (2007) 139 Comp Cases 191 (Madras) 8. 2012 (6) ALD 34.(DB) 9. (2010) 1 SCC 65.10. 2011 (1) L.S. 196 COMMON ORDER:1. All these matters arise out of a common issue. M/s. Laran Sponge & Minerals Private Limited (hereinafter called as borrower) has availed a loan with Indian Bank by hypothecation of the agricultural land and also machinery belonging to the company and also the guarantors, Smt. P. Latha and Sri P. Vara Prasada Raju, who are the Directors of t...
Donthy Reddy Achyuta Reddy Vs. the State of A.P., Through P.P., High C ...
Court: Andhra Pradesh
Decided on: Apr-22-2013
HON'BLE SRI JUSTICE K.G.SHANKAR Criminal Revision Case No.2456 o22. 4-2013 Donthy Reddy Achyuta Reddy The State of A.P., Through P.P., High Court of A.P., Hyderabad; and another Counsel for the petitioner: Sri L.T.Rajagopal Counsel for respondent No.1: Public Prosecutor Counsel for respondent No.2: Party-in-person : : Case referred:1. AIR 197.SC 96.Judgment: The sole accused in C.C.No.490 of 2012 on the file of the XVII Additional Chief Metropolitan Magistrate, Hyderabad, filed the revision questioning the order of the Court dated 10-7-2012 taking cognizance of the case on the protest petition filed by the 2nd respondent herein. The 2nd respondent filed a private complaint before the XVII Additional Chief Metropolitan Magistrate, Hyderabad, against the petitioner. The learned XVII Additional Chief Metropolitan Magistrate referred the same to Musheerabad Police under Section 156(3) Cr.P.C. Consequently, the Police registered the complaint as First Information Report in Crime No.363 of ...
Assistant General Manager Shriram Life Insurance Co.Ltd. and Another V ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Apr-22-2013
Oral Order: (R. Lakshminarasimha Rao, Member) 1. The opposite party insurance company is the appellant. The respondents husband during his life time obtained insurance policy of Shri Plus with the appellant , vide insurance policy bearing number LN081000009444 with its commencement from 11.01.2010 for a sum assured amount of `3,75,000/-. The insurance policy was issued for a period of 15 years with its maturity date on 11.01.2025. He died on 17.01.2011. After the death of her husband, the respondent filed claim with the appellant insurance company which repudiated it on the ground that the insured suppressed the fact that he was suffering from diabetes for 20 years and hyper tension for six years. 2. The respondent contended that the appellant subjected her husband to medical test prior to issuing the insurance policy and obtained medical certificate as to his health condition and that repudiation of claim amounts deficiency in service on the part of the appellant. 3. The appellant res...
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