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Andhra Pradesh Court July 2013 Judgments

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Jul 29 2013

Rameja S Vs. the Regional Passport Officer,secundera

Court: Andhra Pradesh

Decided on: Jul-29-2013

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.21807 o29. 07-2013 Rameja Syed.. Petitioner The Regional Passport Officer,Secunderabad.. Respondent HEAD NOTE: Counsel for the petitioner: Sri Ramesh Babu Viswanatham Counsel for respondent : Sri K. Prabhakara Rao, Additional Standing Counsel for Central Government ?CASES REFERRED : Nil THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.21807 of 2013 Dated :29. h July, 2013 The Court made the following: ORDER: This Writ Petition is filed for a mandamus to declare the inaction of the respondent in issuing fresh Passport on the petitioner's application dated 19-2- 2013. The petitioner pleaded that she was issued Passport bearing not G9363041 wherein her date of birth was entered as 18-8-1959. She has allegedly sent an application on 19-2-2013 addressed to the respondent requesting for issue of fresh Passport with correct date of birth i.e., 18-8-1979. Feeling aggrieved by the alleged inaction of the respondent in correcting the entry in ...


Jul 29 2013

Dr. Ramalingam, M.D., D.G.O. Vs. Rapolu Kode Nageswara Rao and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jul-29-2013

Oral Order: (R. Lakshminarsimha Rao, Member) 1. The opposite party no.2 is the appellant. The appeal is challenge to the order of the District Forum whereby the appellant is directed to pay a sum of Rs.3 lakh with interest thereon to the respondent no.1. The respondent no.1 filed complaint claiming a sum of Rs.10 lakhs towards compensation on account of death of his wife and he claimed the amount on the premise of deficiency in service on the part of the appellant. 2. The case of the first respondent as seen from the averments of the complaint is that his wife Rapolu Sailaja was pregnant and used to visit the hospital of the appellant during her pregnancy period. The appellant and the respondent no.2 informed the first respondent that his wife was in a fit condition for safe delivery. On completion of nine months and when the first respondents wife developed labour pain, she was admitted in the hospital of the appellant at 4.20 p.m. on 13.6.2008 and she delivered a female child the nex...


Jul 29 2013

M/S. Janachaitanya Housing Limited Rep. by It’s Chairman and Mana ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jul-29-2013

Oral Order: (R. Lakshminarsimha Rao, Member) 1. The opposite party has filed appeal challenging the order of the District Forum whereby the appellant was directed to allot 2 plots to the respondent and in the alternative to refund the amount paid by the respondent, a sum of Rs.1,60,000/- with interest @ 24% p.a from the date of last payment till realization and the District Forum further directed the appellant to pay an amount of Rs.25,000/- on each plot as compensation and an amount of Rs.2,000/- towards costs. The District Forum had put rider imposing interest on failure of the appellant to pay the amount. 2. The respondent filed complaint before the District Forum seeking direction to the appellant- company to register plots bearing number 365 and 366 each admeasuring 200 sq.yards in Sai Surya, Venture at Nidamanaur, near Vijayawada covered by pass book nos. 365 and 366 and for payment of Rs.5,00,000/- towards compensation and Rs.2,000/- towards expenses. 3. The respondent entered i...


Jul 29 2013

Shriram General Insurance Co.Ltd., Rep., by It’s Authorized Signa ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jul-29-2013

Oral Order: (R. Lakshminarasimha Rao, Member) 1. Shriram General Insurance Company Ltd which is the opposite party no.2 has filed the appeal. The 1st respondent filed complaint seeking for indemnification of the cost of his vehicle, Tractor bearing registration number AP 07 L 2382 which was insured with the appellant under insurance policy bearing number 10000/31/11/019461 valid for the period from 26.03.2011 to 25.03.2012 for a sum of Rs.3 lakh. The 1st respondent has submitted that the vehicle was stolen by unknown persons on 26.11.2011 from the place in front of his house and after searching for the vehicle he lodged compliant with the police, Chotuppal on 3.12.2011 and the police registered case in Cr.No. 267 of 2011. The 1st respondent lodged claim with the appellant through the second respondent and the appellant repudiated the claim on 20.12.2011 on the ground that it was belatedly informed of the theft of the vehicle on 16.12.2011. The 1st respondent questioning repudiation of ...


Jul 29 2013

M/S Narne Constructions (P) Ltd., Rep. by Its Managing Director Col.(R ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jul-29-2013

Oral Order: (R. Lakshminarasimha Rao, Member) 1. The opposite party is the appellant and the appeal is filed against the order of the District Forum whereby the applicant was directed to refund the ULC Caution Deposit of Rs.1,83,000/- with interest @ 6% per annum together with costs of Rs.2,000/-. 2. The respondents purchased a plot no.220 in Sy.No.218/4 and 218/5 in the extent of 305 sq.yards in Central park Phase No.II of Kondapur Village, Serilingampally Mandal, R.R.District. The respondents paid an amount of Rs.4,66,000/- towards cost of plot, registration and other charges and Rs.1,83,000/- towards caution deposit of ULC on 20.6.2007. The appellant company issued receipt dated 20.6.2007 in favour of the respondent. The appellant registered the sale deed in favour of the respondents on 25.7.2007 in respect of the plot. The respondents obtained approval of layout in the month of March 2009, under land regulation scheme by paying an amount of Rs.74,700/- towards land regulation charg...


Jul 29 2013

The Managing Director Charitasri Hospitals Limited, Rep. by Dr.K. Vija ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jul-29-2013

Oral Order: (R. Lakshminarsimha Rao, Member) 1. The opposite parties no.1 and 2 are the appellants. The first respondent filed complaint claiming an amount of Rs.11,00,000/- on the premise that the appellants did not exercise due care and skill in rendering treatment to her at the respondnet.no.1-hospital. 2. The case of the respondent no.1 as seen from the averments of the complaint is that she was undergoing treatment for back pain at the hospital of Gurnadha Rao at Khammam which did not yield any result and she approached the 1st respondent hospital on 30.04.2008 where the second appellant diagnosed her from suffering from prolapse of intervertebral Disc L4-5 and impigment on the Cal Sac2 lateral recess. She was admitted in the 1st respondent hospital on 01.05.2006 and the 2nd appellant conducted laminectomy and discectomy upon her on 03.05.2008 and she was discharged on 12.05.2008 with advice to attend for review a month later. 3. The 1st respondent developed pain, oozing of pus an...


Jul 29 2013

indusind Bank Ltd., Rep. by Its Authorised Signatory and Others Vs. T. ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jul-29-2013

Oral Order: (R. Lakshminarsimha Rao, Member) 1. The opposite parties no.1 to 3 are the appellants. The respondent no.1 filed complaint seeking for compensation of Rs.19,03,494/- and to furnish statement of account of the sale process and to furnish auction particulars. 2. The respondent no.1 purchased Volva EC 290 Excavator for consideration by raising loan a sum of Rs.32 lakh from the M/s Likitha Constructions Pvt Ltd. The respondent no.1 paid margin money of Rs.3 lakh and the remaining amount of Rs.29 lakh was borrowed from the first appellant under loan agreement dated 5.8.2008. The loan amount was repayable with interest @ 8.91% per annum in EMI @ Rs.1,00,006/- for 36 months ending on 7.7.2011. 3. The respondent no.1 paid 8 monthly instalments to the first appellant and fell due four instalments. The first appellant repossessed the excavator without intervention of the court and operated it illegally. The first appellant issued notice on 30.10.2009 to the respondent no.1 and the gu...


Jul 26 2013

Sri.B.Jagganna Dora (Died) and Ot Vs. Somi Estates and Housing Private ...

Court: Andhra Pradesh

Decided on: Jul-26-2013

THE HON'BLE Sr.JUSTICE L.NARASIMHA REDDY CIVIL REVISION PETITION No.1009 of 2013 26-07-2013 Sri.B.Jagganna Dora (Died) and others..PETITIONER Somi Estates and Housing Private Limited..RESPONDENT Counsel for the Petitioner:Smt.Bharathi Kumari Counsel for Respondent:Sr.M.HaMs.Raj : ?.Citations: ORDER: The sole respondent herein filed O.S.No.246 of 2006 in the Court of the I Additional District Judge, Visakhapatnam against the petitioners herein for the relief of specific performance of agreement of sale, dated 04.12.2003, in respect of the suit schedule property. Being the father of petitioners 2 to 4, the deceased 1st petitioner filed written statement on 20.06.2007 and the same was adopted by the other petitioneRs.The 1st petitioner died on 27.07.2007. However, without taking any formal steps to bring the legal representatives of the deceased 1st petitioner on record, the trial Court proceeded and passed an ex parte decree, dated 07.09.2009. E.P.No.5 of 2012 was filed for execution of ...


Jul 24 2013

M/S. Swathi Constructions, Rep. by Its Prop. Padatri Badrinath Vs. Smt ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jul-24-2013

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 obtain occupancy certificate from the Municipal Commissioner Guntur and to pay an amount of Rs.50,000/- towards compensation and a sum of Rs.5,000/-towards costs. 2. The respondent filed complaint before the District Forum seeking direction to the appellant to obtain occupancy certificate and hand over possession of Flat bearing number 305 as also to pay an amount of Rs.55,000/- towards damages and expenses. The respondent submitted that the appellant entered into Development Agreement with the land owners, Kidambi Srinivasacharyulu for development of the land and raising building thereon under the name and style Kidamby Residency. The respondent purchased Flat bearing Door Number 305 from the appellant and at the time of sale of the Flat, the appellant promised the respondent that it had not furnished occ...


Jul 23 2013

theA.P.Mahesh Co-op. Urban Bank and Oth Vs. 1.thedivisional Co-operati ...

Court: Andhra Pradesh

Decided on: Jul-23-2013

THE HON'BLE SRI JUSTICE M.S. RAMACHANDRA RAO W.P.Nos.21151 o23. 07-2013 The A.P.Mahesh Co-op. Urban Bank and others....Petitioner. 1.The Divisional Co-operative Officer, Golconda and others......Respondents. HEAD NOTE: Counsel for the petitioner-Bank:Sri Muralinarayan Bung and Sri V.Srinivas, Counsel for the 1st respondent:Learned Government Pleader ^Counsel for the respondents 2 to 6 : Sri M.R.K.Chakravarthi, Advocate representing Sri M.V.Durga Prasad ?Cases referred THE HON'BLE SRI JUSTICE M.S. RAMACHANDRA RAO W.P.Nos.21151, 23718 of 2008 & 13216 of 2009 COMMON ORDER : As common issues arise in these writ petitions, they are being disposed of by this common order.2. One C.Nageswara Rao (for short, "borrower") owned a house bearing No.8-3- 967/92 situated at Salivahana Nagar, Srinagar Colony, Hyderabad. He created an equitable mortgage of the above property in favor of LIC Housing Finance on 11- 09-1995 by depositing with it, the title deeds relating to it.3. Subsequentl...


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