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Andhra Pradesh Court January 2014 Judgments

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Jan 21 2014

C.Subbamma (Died) and OThe Vs. C.Nuchamma (Died) and Another ...Respon ...

Court: Andhra Pradesh

Decided on: Jan-21-2014

THE HON'BLE Sr.JUSTICE L.NARASIMHA REDDY AND THE HON'BLE Sr.JUSTICE M.S.K.JAISWAL L.P.A.Nos.180 of 2002 AND BATCH2101-2014 C.Subbamma (died) and others....APPELLANTS C.Nuchamma (died) and another ...RESPONDNETS Counsel for the Appellants:Sr.V.L.N.G.K.Murthy Counsel for Respondents:Sri.B.Adinarayana Rao : ?.Cases Referred: THE HON,BLE Sr.KJUSTICE L.NARASIMHA REDY AND THE HON,BLE Sr.JUSTICE M.S.K.JAISWAL L.P.A.NPS.180 & 182 OF2002DT.21-01-2014 COMMON JUDGMENT: (per the Hon'ble Sr.Justice L.Narasimha Reddy) These two L.P.As. arise out of O.S.No.100 of 1983 on the file of Additional Subordinate Judge, Guntur. For the sake of convenience, the parties are referred to as arrayed in the suit. The 1st plaintiff is the mother of the 2nd plaintiff. They filed the suit for partition and separate possession of plaint 'A' and 'B' schedule properties, against the defendants. The background of the case in brief is that Sr.Subba Reddy and Sr.Yerra Reddy are the sons of one Sr.Veera Reddy. The 1st p...


Jan 21 2014

Desai Krishnamurt Vs. Pinjari Moula Ali Sa

Court: Andhra Pradesh

Decided on: Jan-21-2014

THE HON'BLE SRI JUSTICE R.KANTHA RAO CIVIL REVISION PETITINO No.1818 of 2013 21-01-2014 Desai Krishnamurthy....Petitioner Pinjari Moula Ali Sab.....Respondent Counsel for the Petitioner:Sri SURENDRA DESAI Counsel for the Respondent:Sri B.VIJAYABHASKAR : ?.Cases Referred:1. 2004(5) Supreme 772 2. AIR1957SC3573. 2010(2) Civ.C.R.435 (A.P) 4. 2008(4) Supreme 435 THE HON'BLE SRI JUSTICE R.KANTHA RAO CIVIL REVISION PETITION No.1818 of 2013 ORDER: This Civil Revision Petition is filed under Section 115 of Code of Civil Procedure against the order dated 07.03.2013 passed in I.A.No.164/2008 in A.S.No.119/2007 on the file of the Court of the II Additional District Judge, Kurnool at Adoni.2. I have heard Sri Surendra Desai, learned counsel appearing for the petitioner/defendant and Sri B.Vijayabhaskar, learned counsel appearing for the respondent/plaintiff.3. The revision petitioner is the defendant and the respondent is the plaintiff in the suit. For the sake convenience, the parties are referre...


Jan 21 2014

M/S United India Insurance Company Limit Vs. Survi Pochaiah and Othe

Court: Andhra Pradesh

Decided on: Jan-21-2014

HONOURABLE Dr.JUSTICE B.SIVA SANKARA RAO M.A.C.M.A. No.214 of 2011 21-01-2014 M/s United India Insurance Company Limited....Appellant Survi Pochaiah and others....Respondents Counsel for the Appellant : Sri E.Venugopal Reddy Counsel for respondents 1 to 4 :Sri G.Anandam Counsel for respondent No5 :None Appeared HEAD NOTE: ?.Cases referred: -Nil- HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO M.A.C.M.A.No.214 OF2011JUDGMENT: The M/s United India Insurance Company Limited-2nd respondent, in the claim petition, filed this appeal having been aggrieved by the Order/Award of the learned Chairman of the Motor Accidents Claims Tribunal-cum-I Additional Chief Judge, City Civil Court, Secunderabad,(for short, 'Tribunal') in M.V.O.P.No.317 of 2006 dated 30.12.2006, awarding compensation of Rs.3,12,000/- (Rupees three lakh twelve thousand only) with interest at 7.5% p.a. as against the claim of the claimants viz., father, brothers and sister of the deceased by name Survi Swaroopa out of Rs.4,00,000/-(R...


Jan 21 2014

M/S Kapil Chit Fund (P) Ltd., Rep. by Its Branch Manager Vs. Mahmood K ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-21-2014

R. Lakshminarsimha Rao, Member 1. The opposite party-chit fund company is the appellant. The respondent filed compliant seeking direction to the respondent-chit fund company to return an amount of Rs.62,755/- with interest @ 24% p.a. and Rs.50,000/- towards compensation. 2. The appellant joined in the chit group bearing reference no. VL03J-27 with therespondent-chit fund company for the chit value of Rs.5 lakh and the monthly subscription payable is Rs.12,500/- in duration of 40 months. The appellant joined the chit group on 28.07.2008 and he participated in the auction conducted on 27.02.2009 as also he was declared successful bidder having agreed to forego Rs.1,75,000/- out of chit value of Rs.5,00,000/-.. The respondent stated to have furnished 6 sureties as required by the appellant-chit fund company. 3. The respondent submitted that his name was removed from membership list on the premise of irregular payment of installments and the appellant informed him about the removal of his ...


Jan 20 2014

Nambaru Ramu and 3 OThe Vs. Sri M.R.Prasanna Kumar, Regional Joint D

Court: Andhra Pradesh

Decided on: Jan-20-2014

HON'BLE Dr.JUSTICE K.G.SHANKAR Contempt Case No.1771 of 2013 20-01-2014 Nambaru Ramu and 3 others..Petitioners Sr.M.R.Prasanna Kumar, Regional Joint Director of School Education, Kakinada, East Godavari District; and another..Respondents Counsel for the petitioners:Sr.S.Gopal Rao Counsel for respondents 1&2: Government Pleader for School Education : : ?.Cases referred: Nil. HON'BLE Dr. JUSTICE K.G.SHANKAR Contempt Case No.1771 of 2013 Date: 20-01-2014 Judgment: The petitioners seek to punish the respondents 1 and 2 for committing contempt of Court. Orders were passed in W.P.No.26481 of 2009 on 21-8-2013 directing the respondents 1 and 2 herein to consider approving the appointments of petitioners 1 to 3 as Secondary Grade Teachers and petitioner No.4 as Hindi Pundit (Grade-I) in the school of the 5th respondent in the writ petition. Contending that the same had not been complied with, the present contempt case is laid. 2. Counter was filed by the 1st respondent contending that the ...


Jan 20 2014

M/S. Royal Sundaram Alliance Insurance C Vs. Syed Gayaz Chist

Court: Andhra Pradesh

Decided on: Jan-20-2014

THE HON'BLE Sr.JUSTICE U.DURGA PRASAD RAO M.A.C.M.A No.39 of 2009 20-01-2014 M/S.Royal Sundaram Alliance Insurance Company Limited, Rep. By its Branch Manager,Chennai Business Unit....Appellant Syed Gayaz Chisty...Respondent Counsel for Appellants: Sr.Kota Subba Rao. Counsel for Respondent:Sr.M.S.R Chandra Murthy : ?.Cases referred: 1) 2013 (6) ALD3222) 2012 (3) ALD112(SC) THE HONOURABLE Sr.JUSTICE U.DURGA PRASAD RAO M.A.C.M.A.No.39 of 2009 & Cross Objections (Sr.No.56089 of 2012 Common Judgment: Both the Insurance Company and the claimant have challenged the award dated 15-09-2008 in MVOP No.852 of 2004 passed by the Motor Accidents Claims Tribunal-cum-III Additional District Judge, (Fast Track Court) Nellore (for short ".the Tribunal).the former in the form of instant appeal and the latter in the form of cross-objections. 2) The factual matrix of the case is thus: a) The claimant works as clerk in Railway Traction in South Central Railway, Nellore. He is the owner of Hero Ma...


Jan 20 2014

M.V.Prabhakar Reddy and Anoth Vs. Apsrtc, Rep. by Its Md, Musheerabad, ...

Court: Andhra Pradesh

Decided on: Jan-20-2014

HON'BLE Dr.JUSTICE K.G.SHANKAR Writ Petition No.13333 of 2002 20-01-2014 M.V.Prabhakar Reddy and another... Petitioners APSRTC, Rep. by its MD, Musheerabad, Hyderabad; and 4 others... Respondents Counsel for the petitioners:Sri G.Vidya Sagar, Senior Counsel Counsel for respondents 1&2: Sri K.V.Subba Reddy Counsel for respondents 3&4: None Counsel for respondent No.5: Sri A.G.Satyanarayana Rao : : ?. Cases referred:1. (2010) 3 SCC3142. AIR2004SC3517HON'BLE Dr. JUSTICE K.G.SHANKAR Writ Petition No.13333 of 2002 Date:20. 01-2014 Order: The question of seniority of the petitioners is the subject matter of the present Writ of mandamus. The petitioners challenge the Final Seniority List of Class-I Junior Scale Officers notified on 14-7-2002 as illegal and contrary to the Andhra Pradesh State Road Transport Corporation Employees' (Service) Regulations, 1964 (the Regulations, for short), seek to place the petitioners in the inter se seniority of Class-I Junior Scale Officers in terms o...


Jan 20 2014

G.Nage Vs. the Additional Industrial Tribunal-cum-a

Court: Andhra Pradesh

Decided on: Jan-20-2014

HON'BLE Dr. JUSTICE K.G.SHANKAR Writ Petition Nos. 24725 of 2002 20-01-2014 G.Nagender..Petitioner The Additional Industrial Tribunal-cum-Additional Labour Court, Rep. by its Presiding Officer, Hyderabad; and another.. Respondents Counsel for the petitioner:Sri B.G.Ravindra Reddy Counsel for respondent No.1: None Counsel for respondent No.2: Sri C.R.Sridharan : : ?.Cases referred:1. 1963 (II) LLJ638(SC) 2. 1967 (II) LLJ883(SC) 3. 2001 (1) LLN758(SC) 4. (2000) 5 SCC655. 1997 (75) FLR22(SC) 6. 2000-II LLJ1653(SC) 7. 2001 (3) L.L.N. 862 8. (2000) 2 SCC4559. 1996 (1) ALD304(D.B.) 10. 2006 SCC (L&S) 644 11. 2007 (4) SCJ11112. (1983) 4 SCC61113. (1985) 4 SCC20114. (1993) 3 SCC25915. 2001-I- LLJ7(SC) 16. (1994) 2 SCC38HON'BLE Dr. JUSTICE K.G.SHANKAR Writ Petition Nos. 24725 of 2002 and 22913 of 2004 Common Order: Both these writ petitions are disposed of through this common judgment.2. The employer (Bharat Heavy Electricals Limited-BHEL) filed Writ Petition No.24725 of 2002 assailing the ...


Jan 20 2014

Mesram Chinnu and Another Vs. M.Doulath Rao and Anothe

Court: Andhra Pradesh

Decided on: Jan-20-2014

THE HON'BLE Sr.JUSTICE U.DURGA PRASAD RAO M.A.C.M.A.No.202 of 2009 20-01-2014 Mesram Chinnu and another....Appellants M.Doulath Rao and another...Respondents Counsel for Appellants : Sr.S. Surender Reddy Counsel for Respondents : Sr.Ravi Shankar Jandhyala : ?.Cases referred: 1) AIR2008SC1032) (2001) 8 SCC1973) (2009) 14 SCC14) 2007 ACJ160SC5 2008 ACJ1405SC6 2005 ACJ99SC7 2007 ACJ1003(AP) HON'BLE Sr.JUSTICE U. DURGA PRASAD RAO M.A.C.M.A.No.202 of 2009 JUDGMENT: Challenging the award dated 28.11.2008 in M.V.O.P.No.477 of 2005 passed by the Chairman, Motor Accidents Claims Tribunal-cum- District Judge, Adilabad (for short ".Tribunal".).the claimants preferred the instant M.A.C.M.A on the ground that compensation awarded by the Tribunal as low and inadequate. 2) The factual matrix of the case is thus: a) The claimants are the parents of deceased boy- M. Nagender, aged 5 years and they are residents of Muthnoor Village, Indervelli Mandal of Adilabad District. Their case is that on...


Jan 20 2014

O.Ramasudarshana Reddy, S/O.Peddasubba Vs. Sri Venkateswara University ...

Court: Andhra Pradesh

Decided on: Jan-20-2014

HON'BLE Dr.JUSTICE K.G.SHANKAR Writ Petition No.7478 of 2002 20-01-2014 O.Ramasudarshana Reddy, S/o. Pedda Subba Reddy, R/o. Nandyal, Kurnool District.... Petitioner Sri Venkateswara University,rep.by its Registrar, Tirupati,Chittoor District, and 3 others....Respondents Counsel for the petitioner:Sri M. Panduranga Rao, Counsel for the petitioner Counsel for the Respondents: Sri P. Govind Reddy, S.C. for respondent-University : ?.Cases referred:1. 1994 (2) ALT2532. 2006 (1) ALD823FB3 (2013) 3 SCC734. (2011) 13 SCC5415. (1972) 4 SCC6186. (1989) 2 SCC177. (1995) 6 SCC7498. (1999) 1 SCC759HON'BLE Dr. JUSTICE K.G. SHANKAR Writ Petition No.7478 of 2002 Date:20. 01.2014 ORDER: The sole petitioner seeks for a Writ of Certiorari to set aside the order dated 03.11.2000 appointing the fourth respondent as Enquiry Officer by the first respondent-University and also to set aside the order dated 11.02.2002 removing the petitioner from service on the ground that the orders are illegal, violative of ...


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