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Andhra Pradesh Court January 2014 Judgments

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Jan 20 2014

Smt.B.Vasundh Vs. B.Aswarthanarayanarao

Court: Andhra Pradesh

Decided on: Jan-20-2014

THE HON'BLE Sr.JUSTICE L. NARASIMHA REDDY AND THE HON'BLE Sr.JUSTICE M.S.K.JAISWAL C.M.A.No.442 of 2009 20-01-2014 Smt.B.Vasundhara...Appellant B.Aswarthanarayana Rao !Counsel for the Appellant...Sr.K.Murali Krishna Counsel for Respondent:Sri.J.Janakirami Reddy : ?.Cases Referred: JUDGMENT: (per the Hon'ble Sr.Justice L.Narasimha Reddy) The marriage between the appellant and the respondent took place on 24.01.2004 at Mahanandeeswara Kshetram, Karivena Brahmana Sathram, Mahanandi Mandal, Kurnool District. The respondent filed M.O.P.No.14 of 2005 in the Court of Principal Senior Civil Judge, Nandyal against the appellant under Section 5 (i) and 11 of the Hindu Marriage Act (for short 'the Act').He pleaded that just three months after the marriage, the appellant left his company without any intimation and on enquiries, the respondent came to know that the appellant was married to one Sr.Bhaskar Sharma S/o.Sathavelli Dattatreya Sharma of Ramulakolanu Village, Simhadripuram Mandal, Kadapa D...


Jan 20 2014

The National Insurance Co. Ltd.Rep by It Vs. 1) Puttakala Bala Obanna

Court: Andhra Pradesh

Decided on: Jan-20-2014

THE HON'BLE Sr.JUSTICE U.DURGA PRASAD RAO M.A.C.M.A No.170 of 2009 and batch 20-01-2014 The National Insurance Co.Ltd.Rep by its Branch Manager,Sundaracharlu Street, Proddatur Town and Mandal....Appellant 1) Puttakala Bala Obanna 2) C. Pedda Obula Raju....Respondents Counsel for Appellant: M/s.A.Veera Swamy Counsel for Respondent No.1: Sr.K. Rathanga Pani Reddy : ?.Cases referred: 1) 2004 ACJ18812) 2012 (1) ALT2733) (2013) 2 SCC414) (2011) 3 SCC6465) 2004 (5) ALT398= 2005 ACJ1532THE HONOURABLE Sr.JUSTICE U.DURGA PRASAD RAO M.A.C.M.A.Nos.170 and 184 of 2009 COMMON JUDGMENT: MACMA Nos.170 and 184 of 2009 arise out of a common judgment dated 15-02- 2008 in MVOP Nos.201 and 209 of 2003 respectively passed by the Motor Accidents Claims Tribunal-cum- II Additional District Judge, Kadapa (for short ".the Tribunal".).2) The factual matrix of the case is thus: a) The claimants in those two MVOPs were injured when a tractor-cum-trailer in which they and some others were travelling from...


Jan 20 2014

G.L.Ani Vs. G. Narsingh Rao Andanot

Court: Andhra Pradesh

Decided on: Jan-20-2014

THE HON'BLE Dr. JUSTICE B.SIVA SANKARA RAO M.A.C.M.A.No.114 of 2011 20-01-2014 G.L.Anil. .. Appellant G. Narsingh Rao and another.. Respondents Counsel for the appellant:Sri P. Ramakrishna Reddy. Counsel for Respondent No.2: Sri S. Venkateswarlu. GIST HEAD NOTE:1. 2013 AAC24152 1965(1) A11. E.R-563 3 1963(2) All.E.R-432 4 1969(1)A11.E.R -555 5 1995 ACJ366SC)-CA Nos.1799 &1800 of 1989 with SLP(Civil) 4586 of 1989 6 2013(1) ALD68(SC) 7 2011 ACJ18 (2005) 6 SCC2369 2013(4)ALT35SC) 10 (2005) 6 SCC23611 2013(4)ALT35SC) THE HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO M.A.C.M.A.No.114 of 2011 JUDGMENT The injured-claimant, who filed the claim petition against respondents 1 and 2- owner and insurer of the crime vehicle bearing No.AP29T5557claiming compensation of Rs.3,00,000/-for the accident dated 14.07.2008, having been aggrieved by the award of the Tribunal dated 10.08.2010 in O.P.No.2076 of 2008 awarding compensation of Rs.85,000/-with interest at 7% per annum, filed the appeal impugning ...


Jan 20 2014

Kande Srinivasulu Andanoth Vs. Yellamraju Venkata Raju and Two Other

Court: Andhra Pradesh

Decided on: Jan-20-2014

THE HON'BLE Sr.JUSTICE B.CHANDRA KUMAR CIVIL REVISION PETITION No.1134 of 2010 20-01-2014 Kande Srinivasulu and another....Petitioners Yellamraju Venkata Raju and two others...Respondents Counsel for the Petitioner: Sr.M.Venkatanarayana Counsel for Respondents: None appeared : : ?.Cases referred: HON'BLE Sr.JUSTICE B.CHANDRA KUMAR CIVIL REVISION PETITION No.1134 of 2010 ORDER: Heard the learned counsel for the petitioner. No representation for the respondents. This revision is filed by the petitioners challenging the order dated 04.03.2010 in I.A.No.861 of 2009 in O.S.No.1463 of 2004 on the file of the I Additional Junior Civil Judge, Nellore. The brief facts of the case are as follows: The petitioners 1 and 2 herein are the respondents 1 and 3 in the main suit and the third respondent is second defendant in the suit. The petitioners herein filed I.A.No.868 of 2009 under Order V Rule 3 CPC seeking to summon the fiRs.plaintiff to appear before the Court and to give evidence. The main co...


Jan 20 2014

Kommisettiamma Vs. Kommisetti Butchaiah(Died) and Othe

Court: Andhra Pradesh

Decided on: Jan-20-2014

THE HON'BLE Sr.JUSTICE L.NARASIMHA REDDY AND THE HON'BLE Sr.JUSTICE M.S.K.JAISWAL L.P.A.No.225 of 2001 20-01-2014 Kommisetti Ammaji ...appellant. Kommisetti Butchaiah (died) and others....Respondents Counsel for appellant: Sr.V.Rajagopal Reddy Counsel for Respondents : None HEAD NOTE: ?.Cases referred THE HON'BLE Sr.JUSTICE L.NARASIMHA REDDY AND THE HON'BLE Sr.JUSTICE M.S.K.JAISWAL L.P.A.No.225 of 2001 JUDGMENT: (Per the Hon'ble Sr.Justice L.Narasimha Reddy) This Letters Patent Appeal is filed against the judgment, dated 15.10.1999 rendered by a learned Single Judge of this Court in A.S.No.435 of 1978, which, in turn, arose out of a judgment and decree dated 13.11.1975, passed by the Court of Subordinate Judge, Eluru, in O.S.No.159 of 1971. Many of the original parties are no more and quite good number of legal representatives have contested the matter. For the sake of convenience, the parties herein are referred to as arrayed in O.S.No.159 of 1971. Briefly stated the facts are that, K...


Jan 20 2014

Joginipalli Venugopal Rao and 2oThe Vs. the State of Andhra Pradesh, R ...

Court: Andhra Pradesh

Decided on: Jan-20-2014

THE HON'BLE Sr.JUSTICE R.KANTHA RAO CRIMINAL PETITION No.15696 of 2013 20-01-2014 Joginipalli Venugopal Rao and 2 others....Petitioners/A1 to A3 The State of Andhra Pradesh, rep. by its Public Prosecutor, High Court of A.P Hyderabad.....Respondent Counsel for the PetitioneRs.Sr.C.DAMODAR REDDY Counsel for the respondent: PUBLIC PROSECUTOR : ?.Cases Referred: THE HON'BLE Sr.JUSTICE R.KANTHA RAO CRIMINAL PETITION No.15696 of 2013 ORDER: This Criminal Petition is filed under Section 438 of Cr.P.C.seeking anticipatory bail for the petitioners/A1 to A3 in Cr.No.345/2013 on the file of Karimnagar I Town Police Station, Karimnagar District, registered for the offences punishable under sections 143, 353, 290 r/w.Sec.149 of IPC and under Section 3(1) (x) of SC & STs (POA) Act, 1989. Heard the learned counsel appearing for the petitioners/A1 to A3 and the learned Additional Public Prosecutor, representing the State. Petitioner No.1/A1 is a practicing Advocate at Karimnagar, Petitioner No.2/A...


Jan 20 2014

The A.P. Cooperative Housing Society Federation Ltd., Bagh Lingampally ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-20-2014

Oral Order: (R. Lakshminarasimha Rao, Member) 1. The opposite party no.1 is the appellant. The first respondent filed complaint on the premise of deficiency in service on the part of the appellant and the second respondent. The first respondent submitted that during his service as police constable at Nizamabad, he was a member of the second respondent society which is constituent of the appellant-society and he availed loan, an amount of Rs.1,00,000/- from the appellant-society on agreement that the loan amount is repayable in 10 equated annual installments @ Rs.10,000/- and he could not repay the loan installments regularly due to his daughter meeting with accident which resulted in loss of vision in her left eye. 2. The first respondent submitted that he met with a motor vehicle accident in the month of October, 2001 and for his treatment he incurred huge expenditure. He represented to the appellant-society that due to financial stringencies and his inability to repay the loan amount...


Jan 20 2014

Dr. Mobile, Rep. by Its Proprietor M. Naveen Kumar Goud Vs. Royal Sund ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-20-2014

Oral Order: (R. Lakshminarasimha Rao, Member) 1. This is a complaint filed u/s 17(1)(A)(i) of the Consumer Protection Act for a direction to Opposite party no.1 to settle the claim of the complainant of Rs.21,14,100/- with interest @ 18% p.a., and direct Opposite party no.2 to settle his loan account of Rs.5 lakhs and direct the Ops to pay Rs.5 lakhs towards compensation and Rs.20,000/- towards costs. 2. The case of the complainant in brief is that he is dealing in Mobile phones sales and services. He had availed loan from Opposite party no.2 bank and got his premises insured by obtaining Standard Fire and Special Perils Policy covering the contents at Rs.7,77,600/- and Specifically Covered Property at Rs.11,84,000/- in all Rs.19,61,000/- for the period from 10.2.2011 to 9.2.2012. On 10.4.2011 at about 10.00 p.m. when the shop was closed fire broke out in the premises and the total contents in the premises were burnt into ashes. One Mr. Vaseem gave information about the fire accident t...


Jan 20 2014

Dr. Manjul Chaudhary and Others Vs. M/S Aliens Developers(P) Ltd, Rep. ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-20-2014

Oral Order: (R. Lakshminarasimha Rao, Member) 1. Since all the four complaints bear similar facts and obtained from same circumstances, they are being disposed of by a common order. C.C.No.147 of 2013 is taken as lead case. 2. The complaint is filed under Section 17 of the Consumer Protection Act, complaining deficiency in service against the opposite parties no.1 and 2 and claimed a sum of Rs.15,67,500/- towards the amount paid and an amount of 2.12.2009 to 31.08.2013/-towards interest and for subsequent interest @ 24%p.a. from the date of filing of complaint till payment and a sum of Rs.10,00,,000/- towards compensation as also the costs of Rs.50,000/-. 3. The opposite parties entered into development agreement under documents bearing nos.23198/2006 and 23230/2006 on 23.06.2007 and development cum general power of attorney in favour of the first opposite party-company with the owners of land for development of their land measuring Ac.19.26 gts., in Sy.No.384, 385 and 426A at Telapur ...


Jan 20 2014

Mondi Murali Krishna Vs. Maijo Joseph, Managing Director Georg Maijo I ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-20-2014

R. Lakshminarsimha Rao, Member 1. The complaint is filed seeking for replacement of Combine Harvester Model 41Z 2.0 with new one of the same model or to refund the cost of the Harvester, an amount of Rs.12,96,750/-, Rs.5,00,000/- towards value of Lorry purchased for transportation of the combine harvester from one place to another place and a sum of Rs.5,00,000/- towards compensation and Rs.18,50,000/- towards loss of earnings due to non-working of the Combine Harvester. 2. The complainant submitted that he purchased Combine Harvester Model 41z 2.0 from the opposite party no. on 30.12.2011 for Rs.12,96,750/- and on the same day the opposite parties no.1 to 3 delivered the combine harvester to the complainant. The complainant got insured the combine harvester machine with M/s United Insurance Company Ltd on payment of premium of Rs.13,903/- for the period of the insurance from 19.01.2012 to 18.01.2013. 3. The complainant submitted that the opposite parties arranged for an operator and o...


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