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Andhra Pradesh Court January 2014 Judgments

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Jan 03 2014

Ashoktraders, Rep. by Prop.Bhavirisett Vs. Ankar Motors and Tractors, ...

Court: Andhra Pradesh

Decided on: Jan-03-2014

THE HON'BLE MR JUSTICE L. NARASIMHA REDDY C.R.P.No.3871 OF201203-01-2014 Ashok TradeRs.rep. by Prop. Bhavirisetty Bhaghya lakshmi (died) and another..petitioners ankar Motors & TractORS.rep. by its Proprietor,Gadiyaram Viswakumar..Respondent Counsel for the petitioner: Sr.G. Pedda Babu Counsel for the Respondent: HEAD NOTE: ?.Cases referred THE HON'BLE Sr.JUSTICE L. NARASIMHA REDDY C.R.P.No.3871 OF2012ORDER: Acclaimed jurists and accomplished Judges keep on warning that, unless adjudication is tempered with grace and kindness and if a purely mechanical approach is adopted, there is every likelihood of the very sheen of the great institution of judiciary being lost. Negative approach be never treated as virtue of a Judge. Exhibition of undue harshness in a case, which demands pity and compassion, would certainly lead to injustice. At the same time, nobody would expect a Judge to act contrary to law, in his anxiety to be kind in an otherwise demanding situation. The point in this reg...


Jan 03 2014

Kondaveeti Venkataappa Vs. Kondaveetijagan Mohan

Court: Andhra Pradesh

Decided on: Jan-03-2014

THE HON'BLE MR JUSTICE L.NARASIMHA REDDY C.R.P.No.3411 of 2012 03-01-2014 Kondaveeti Venkata Appa Rao..petitioner Kondaveeti Jagan Mohan Rao ..Respondent Counsel for the petitioner: Sr.P.S.P.Suresh Kumar Counsel for the Respondent: Sr.T. Muralidhar Reddy HEAD NOTE: ?.Cases referred THE HON'BLE MR JUSTICE L. NARASIMHA REDDY C.R.P.No.3411 of 2012 ORDER: The respondent filed O.S.No.300 of 2008 in the Court of Principal Junior Civil Judge, Sattenapalli, Guntur District, against the petitioner for recovery of a sum of Rs.60,000/-, on the strength of a promissory note dated 07-12-2005. The suit was decreed ex parte on 18-11-2009. Thereupon, the petitioner filed an application under Order IX Rule 13 C.P.C., with a prayer to set aside the ex parte decree. Since there was delay of 283 days in filing that application, he filed I.A.No.1336 of 2010, under Section 5 of the Limitation Act. He pleaded that soon after receiving the summons in the suit, he engaged an advocate, and for the past 4 yeaRs....


Jan 03 2014

N.Seetharam R Vs. Dr.B.R.Ambedkaropen University, Hyderab

Court: Andhra Pradesh

Decided on: Jan-03-2014

THE HON'BLE Sr.JUSTICE DAMA SESHADRI NAIDU WRIT PETITION No.24213 of 2006 03-01-2014 N.Seetharam Reddy..Petitioner Dr.B.R.Ambedkar Open University, Hyderabad...Respondent Counsel for the Petitioner: Sr.T.P.Acharya Counsel for Respondent: Standing Counsel : : ?.Cases referred: 1. 2005 (3) ALT6322. (2010) 13 SCC4943. (2010) 2 SCC7724. 2009 (8) SCJ5425. AIR2001SC3436. 2008(5) ALD427THE HON'BLE Sr.JUSTICE DAMA SESHADRI NAIDU WRIT PETITION No.24213 of 2006 ORAL ORDER: The present writ petition is filed assailing the proceedings, dated 19.10.2006, issued by the respondent University terminating the services of the petitioner on the ground of unauthorized absence, which, in terms of the university regulations, is a major misconduct. The facts, in brief, are that the petitioner initially secured employment in the respondent University as an attender on 26.07.1991 and continued to work thereafter till recently when his services were terminated. On 05.11.2005, the University Engineer, in whose d...


Jan 03 2014

Vgtm Uda, Rep. by Its Vice Chairman Governorpet, Vijayawada-ii Vs. M.S ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-03-2014

Oral Order: (R. Lakshminarasimha Rao, Incharge President) 1. The opposite party has filed appeal challenging the order passed by the District Forum whereby it was directed to pay an amount of Rs.57,470/- with interest on the amount of Rs.4,68,178/- and costs to the respondent. 2. The respondent purchased 704 sq. yards of land in R.S.No.176/ 2A situate at Kanuru village under registered sale deed dated 23.01.2001 for consideration of Rs.2,81,000/- and on being directed by the official of the appellant authority, he submitted an application for regularization of the plot under A.P.Regulation of unapproved and illegal lay out Rules, 2007, and paid an amount of Rs.10,000/- through pay order dated 20.01.20109 and thereafter the official of the appellant authority demanded him to pay an amount of Rs.4,69,950/- which he paid through demand draft dated 21.09.2010. 3. The appellant issued notice dated 6.07.2011 informing the respondent that his application for regularization was rejected as it ...


Jan 03 2014

President/Head of Central Operations Undertaking Reliance Life Insuran ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-03-2014

Oral Order: (R. Lakshminarasimha Rao, Incharge President) 1. The opposite parties are appellants. The first respondent filed complaint seeking for direction to the appellants to pay the sum assured under life insurance policy bearing number 16364089 with interest thereon and costs. 2. The first respondent obtained life insurance policy for premium term of 30 years under contract number 16364089 appointing the second respondent as her nominee. The appellants on receipt of premium amount of Rs.3,280/- issued insurance policy in favour of the first respondent on 17.02.2010. The first respondent died on 12.04.2010. The second respondent submitted claim which was repudiated on the ground that the first respondent suffered from Ewings sarcoma, a rare disease in which cancer cells are found in bone or soft tissue and non-disclosure of cancer was material to issuance of the insurance policy.The appellants were proceeded exparte. 3. The second respondent filed his affidavit and the affidavit of...


Jan 03 2014

Rajendra Prasad Naidu Managing Director Venkata Padmavathi College of ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-03-2014

R. Lakshminarsimha Rao, Incharge President The opposite parties are the appellants. The complaint is filed seeking for a direction to the appellants to issue hall ticket to the respondent and direct the appellants to allow the respondent appear for the first year examination, to pay a sum of Rs.10,00,000/- towards compensation and litigation expenses of Rs.5000/. The case of the respondent is that he joined the course of Master of Physiotherapy in the appellants college under Management quota and at the time of admission, he was informed that the course fee will be Rs.75,000/-. The respondent submitted that he informed that he will pay Rs.10,000/- in the first instance and the remaining Rs.65,000/- in three instalments. The respondent submitted that on account of demand, the appellants started demanding Rs.1 lakh for allotment of seats under management quota and the respondent was asked to pay excess of Rs.5,000/- and he paid the same by 03-7-2010. The respondent submitted that he was ...


Jan 03 2014

The Icici Lombard Insurance Company Ltd., Rep. by Its General Manager ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-03-2014

R. Lakshminarsimha Rao, Incharge President The appellant-insurance company was proceeded exparte before the District Forum and has filed the appeal contending that the cause of death of the insured was not covered by the terms of the policy and thereby it has supported the repudiation of the claim. Heard both sides. The learned counsel for the respondents has agreed to the proposal that the matter be remitted back to the District Forum giving opportunity to the appellant-insurance company for the District Forum to pass orders on contest of the case by both the parties. As the contention of the appellant- insurance company is in regard to coverage of the terms and conditions of the insurance policy as to the claim lodged by the respondents, the ends of justice would be met if both parties are given liberty to adduce evidence in support of their rival contentions. Therefore, we are of the opinion that the matter can be remanded to the District Forum for disposal afresh on merits, in acco...


Jan 03 2014

Chaitanya Godawari Grameena Bank Nalanda Engineering College Branch Si ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-03-2014

Oral Order: (R. Lakshminarasimha Rao, Incharge President) 1. The first opposite party is the appellant. The first respondent filed complaint claiming a sum of `64,000/- towards compensation and `30,000/- towards damages as also an amount of Rs.130/- towards court fee. 2. The first respondent worked as professor and vice principal of the second respondent-college. The second respondent-college has account with the appellant-bank and as per the instructions of the second respondent-college, the appellant used to remit the salaries of its employees from the account of the second respondent-college to the respective accounts of its employees. 3. The appellant-bank remitted an amount of Rs.64,000/- on 17.03.2012 as per the instructions of the second respondent-college, an amount of Rs.64,000/- into the account bearing number 706510025000122 of the first respondent. The appellant-bank on 19.03.2012 reverted the entry as to the amount to the account of the second respondent-college. The first...


Jan 02 2014

M/S. T.A. Infra Projects Ltd.,a Public L Vs. Infrastructure Corporatio ...

Court: Andhra Pradesh

Decided on: Jan-02-2014

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY W.P. No.31216 OF201302-01-2014 M/s. T.A. Infra Projects Ltd.,a Public Limited Company, registeredunder Companies Act, 1956,having its registered office at1-11-251/4/B, 6th floor, Tirumala Heights,Begumpet, Hyderabad,rep. by its Chairman, Taher Ali. ... Petitioner Infrastructure Corporation of Andhra Pradesh Ltd.,Rep. by its Chairman, Hyderabad and another. ... Respondents Counsel for the Petitioner: M/s.Indus Law Firm Counsel for the Respondents: The Advocate General HEAD NOTE: ?.Cases referred 1 (1994) 6 Supreme Court Cases 651 2 (2012) 8 Supreme Court Cases 216 3 (2012) 6 Supreme Court Cases 464 HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY W.P. No.31216 OF2013ORDER: This writ petition is field seeking writ of mandamus declaring the action of the respondents in incorporating condition No.14.2 (The bidder who have applied for corporate debt restructuring (CDR) in the last 2 financial years (2011-12 and 2012-13) shall not be considered for bid qual...


Jan 02 2014

The Managing Director, Apsrtc, Musheerab Vs. Bandaru Venkata Narsamma ...

Court: Andhra Pradesh

Decided on: Jan-02-2014

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO M.A.C.M.A.No.3062 OF201102-01-2014 The Managing Director, APSRTC, Musheerabad, Hyderabad....Appellant Bandaru Venkata Narsamma and 5 others.... Respondents Counsel for the Petitioner : Sri P.Harinadh Gupta Counsel for the Respondents: Sri V.Brahmayya Chowdary : : ?.Cases referred:1. (2011)8 SCC1422. 2013(1) ALD644(FB) 3. 1965(1) All. E.R - 563 4. 1963(2) All. E.R - 432 5. 1969(1) All. E.R - 555 6. 1955 ACJ366(SC) 7. 2009 ACJ12988. (2001)8 SCC1979. 2013(4) ALT35(SC) 10. 2011(8) SCALE24011. (1988)3 SCC112. 2013(1) ALD644HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO M.A.C.M.A.No.3062 OF2011JUDGMENT: The Managing Director, A.P.S.R.T.C-3rd respondent filed this appeal, having been aggrieved by the Order/Award of the learned Chairman of the Motor Accidents Claims Tribunal-cum-I Additional District Judge, Khammam,(for short, 'Tribunal') in M.V.O.P.No.452 of 2009 dated 07.02.2011, awarding compensation of Rs.3,29,000/-(Rupees three lakhs twenty nine thousa...


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