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Andhra Pradesh Court March 2014 Judgments

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Mar 18 2014

Chalapathi Chit Fund Private Ltd., Rep. by Its Manager Vs. G. Geetha S ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-18-2014

Oral Order: (S. Bhujanga Rao, Member) This appeal arose out of the order dt.07.06.2013 of the Dist. Consumer Forum at Kurnool made in C.C.No.17/2013 filed by the Respondent/complainant alleging deficiency in service on the part of the appellant/opp.party. The appellant is the opposite party and the respondent is the complainant in C.C.No.17/2013. For the sake of convenience, the parties are described as arrayed in the complaint. The brief case of the complainant as set out in the complaint is that her husband Sri.G.Madhusudan joined as a subscriber in the chit bearing no.LT2 ZA-18 for a sum of Rs.10 lakhs run by the opposite party. The complainants husband paid some instalments to the opposite party and thereafter he was missing and a crime no.156/2007 was registered in Parigi Police Station of Ranga Reddy Dist. and the police issued a certificate dated 11.11.2010 stating that the said person was undetected and final report was filed on 29.04.2009 and the same was informed to the opp...


Mar 18 2014

Sri B.Ompra Vs. M.Gangadhar and Anot

Court: Andhra Pradesh

Decided on: Mar-18-2014

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL APPEAL No.833 OF200618-03-2014. Sri B.Omprakash..APPELLANT M.Gangadhar and another...RESPONDENTs Counsel for the appellant: Smt T.V. Sridevi Counsel for the respondents : Public Prosecutor : ?. CITATIONS:2001. (1) ALD561AP2013(1) SCC177HONBLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL APPEAL No.833 of 2006 JUDGMENT : The complainant, who filed C.C.No.119 of 2000 on the file of the Additional Judicial First Class Magistrate (Special Mobile), Nizamabad (Originally numbered as C.C.No.511 of 1998 and on transfer to the Spl. Mobile court re-numbered as C.C.No.119 of 2000); based on Ex.P.2-cheque issued by the accused dated 07.12.1997 for Rs.2,50,000/- which debt is covered by earlier Ex.A.1- promissory note borrowing of said amount, dated 06.06.1997 and from the legal notice after dishonour of the cheque when presented covered by Ex.P.4, bank cheque return memo, dated 03.04.1998 by Ex.P-3 notice dated 13.04.1998, that notice for not claimed r...


Mar 14 2014

P.V.V. Satyanarayana Vs. the Managing Director, Analytical Technologie ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-14-2014

Oral Order: (Justice GopalaKrishna Tamada, President) The complainant is the unsuccessful complainant before the District Forum and he approached this Commission by filing the present appeal against the order dated 19-2-2013 in C.C.No.104/2011 on the file of District Forum-II, East Godavari at Rajahmundry whereby his complaint filed U/s.12 of Consumer Protection Act, 1986 was dismissed on the ground that he is not a consumer to attract the provisions of Consumer Protection Act, 1986. The brief facts are that the appellant is a qualified lab technician and he is the Proprietor of Sri Satya Sai Lab. He purchased Hematology Analyzer Model No.2062 for the purpose of clinical examination of blood samples etc., from the respondents herein for a total consideration of Rs. 2,00,000/- and paid an amount of Rs.1,47,000/- and undertook to pay the balance amount of Rs.53,000/- after installation. As per the complainant, the said equipment never functioned properly after installation and on account...


Mar 14 2014

Chilumur Venkata Subba Re Vs. Ponnapureddy and Othe

Court: Andhra Pradesh

Decided on: Mar-14-2014

HON'BLE Sr.JUSTICE C.V.NAGARJUNA REDDY C.M.S.A.No.3 of 2008 14-3-2014 Chilumur Venkata Subba Reddy.Appellant Ponnapureddy and others..Respondents Counsel for appellant : Sr.R. Dheeraj Singh Counsel for respondent Nos.1 & 2 : Sr.K. Sai Rama Murthy CASES REFERRED: 1. (2009) 7 SCC3632. 2001(2) SCC6523. 2005(6) SCC2024. 2009(17) SCC7965. 2012(6) SCC430HON'BLE Sr.JUSTICE C.V.NAGARJUNA REDDY C.M.S.A.No.3 of 2008 Date : 14-3-2014 The Court made the following : JUDGMENT: This Civil Miscellaneous Second Appeal arises out of judgment and decree dated 11.07.2007 in A.S.No.47 of 2003 on the file of the learned II Additional District Judge, Kadapa, at Proddatur, whereby he has confirmed the order dated 30.04.2003 in I.P.No.61 of 1999 on the file of the learned Senior Civil Judge, Proddatur. No one appeared for the respondents at the hearing. I have heard Mr.R.Dheeraj Singh, learned counsel for the appellant and perused the record. Respondent Nos.1 to 7 filed I.P.No.61 of 1999 on the file of the...


Mar 14 2014

Md. Yousuf S/O. Shaik a Vs. State of A.P., Rep. by Public Prosecutor

Court: Andhra Pradesh

Decided on: Mar-14-2014

HON'BLE SRI JUSTICE L. NARASIMHA REDDY AND HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL APPEAL No.1825 OF200914-03-2014 Md. Yousuf S/o. Shaik Alam Appellant State of A.P., rep. By Public Prosecutor, High Court, Hyderabad Respondent Counsel for the Appellant: Sri A. Tulsi Raj Gokul Counsel for the Respondent :Public Prosecutor : ?.Cases referred: NIL HONOURABLE SRI JUSTICE L. NARASIMHA REDDY AND HONOURABLE SRI JUSTICE M.S.K. JAISWAL CRIMINAL APPEAL No.1825 of 2009 JUDGMENT: (Per Honble Sri Justice L. Narasimha Reddy) The sole accused in S.C. No.557 of 2008 on the file of the VI Additional District & Sessions Judge, Medak at Siddipet, is the appellant herein. He was alleged to have harassed his wife Rajiya Sulthana Begum for dowry and murdered her. The trial Court convicted him for the offences punishable under Section 498-A and 302 IPC. Sentence of rigorous imprisonment for three years and fine of Rs.500/-, in default to suffer simple imprisonment for three months was imposed for the ...


Mar 13 2014

Neelam Chittemma, W/O.Suryanarayana and Vs. Tirlangi Appa Rao, S/O.Lat ...

Court: Andhra Pradesh

Decided on: Mar-13-2014

HONOURABLE SRI JUSTICE T.SUNIL CHOWDARY SECOND APPEAL No.290 of 2005 13-03-2014 Neelam Chittemma, W/o.Suryanarayana And others... Appellants/Appellants/Respondents-7 and 9 to 11 Tirlangi Appa Rao, S/o.late Appalaswamy (died) per L.Rs (R9 to R12)And others... Respondents 1 to 12/ Respondents/Petitioner & Respondents 1 to 6 and 8 Counsel for the Appellants: Mr.K.Sita Ram Counsel for respondents 9 to 12: Mr. M.V. Pratap Kumar Representing Mr.M.V.S. Suresh Kumar Counsel for respondents 6 & 7 : Sri G.Ronald Raju Counsel for respondents 4 & 5 : Dismissed for default Respondent No.8 : Not necessary party. HEAD NOTE: ?.CASES REFERRED:1. AIR1965SC13252.AIR1963SC9923.AIR1977SC292THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY SECOND APPEAL No.290 of 2005 March 14, 2014 THE HON'BLE SRI JUSTICE T. SUNIL CHOWDARY SECOND APPEAL No.290 OF2005JUDGMENT: This second appeal is preferred by the respondent Nos.7 and 9 to 11 challenging the decree and judgment dated 03.09.2004 passed in A.S.No.45 of 20...


Mar 13 2014

The New India Assurance Company Ltd,rep. Vs. Y.Pothu Rajuand Others

Court: Andhra Pradesh

Decided on: Mar-13-2014

THE HON'BLE Sr.JUSTICE U. DURGA PRASAD RAO M.A.C.M.A No.391 of 2009 13-03-2014 The New India Assurance Company Ltd,Rep. by its Divisional Manager,Daba Gardens, Visakhapatnam....Appellant Y.Pothu Rajuand others....Respondents Counsel for Appellant: Sr.Kota Subba Rao Counsel for Respondents 1 & 2: Sr.Jayanthi S.C.Sekhar : ?.Cases referred: 1) 2001 (1) ALT4952) (2008) 1 Supreme Court Cases 423 3) LAWS (HPH)-2008-1-6 = ACJ20082529 4) (2004) 2 SCC15) 2011 (5) ALT611(D.B.) 6) 2013 (3) ALD2467) 2007 (5) ALD6778) 2004 (5) ALD2289) AIR2000Supreme Court 235 (1) 10) 2002 (8) Supreme 594 THE HONOURABLE Sr.JUSTICE U.DURGA PRASAD RAO M.A.C.M.A.No.391 of 2009 JUDGMENT: Aggrieved by the award dated 24.11.2003 in M.V.O.P.No.1683 of 2000 passed by Motor Accident Claims Tribunal-cum-I Additional District Judge, Visakhapatnam (for short, 'the Tribunal').the 2nd respondent-Insurance Company preferred the instant M.A.C.M.A.2) The appellant herein is the 2nd respondent in the O.P; respondents 1 and 2 her...


Mar 13 2014

M.K. Ravi Rao Vs. Axis Bank Limited, Rep. by Its Vice President P. Des ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-13-2014

Oral Order: (S. Bhujanga Rao, Member.) The Revision Petition No.11/2014 arose out of the order of the District Forum-II. Hyderabad dated 19-3-2013 made in I.A.No.258/2011 in C.C.No.242/2011 and the Revision Petition No.12/2014 arose out of the order of the District Forum-II. Hyderabad dated 19-3-2013 made in I.A.No.259/2011 in C.C.No.242/2011. The revision petitioner is the petitioner/complainant in I.As 258/2011 and 259/2011 and the respondents in both the petitions are the respondents in the R.Ps. Since the parties to the revision petitions are one and the same and their contentions are also the same, both the revision petitions are heard together and are being disposed of by this common order. The brief facts that led to the filing of these revision petitions are as under: The revision petitioner filed consumer complaint in C.C.No.242/2011 on the file of District Forum-II, Hyderabad against respondent No.1/opposite party i.e. Axis Bank for repayment of a sum of Rs.47,330/- alleging ...


Mar 13 2014

Bajaj Allianz General Insurance Co.Ltd., Rep. by Its Branch Manager an ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-13-2014

Oral Order : (Gopala Krishna Tamada, President) 1) The Opposite Parties in CC 163/2012 are the appellants and they challenged the orders passed by the Dist. Forum on 30.4.2013 wherein the Dist. Forum, Warangal while allowing the complaint filed by the respondent herein directed the appellants to pay an amount of Rs.15,27,890/- to the complainant with interest @7.5% p.a. from the date of filing of the complaint till the date of realization. 2) The brief facts that led to filing of the complaint are: The complainant got his Tata Hitachi Excavator Model ZX 200LC insured with the appellant insurance company by obtaining Vehicle Package Policy for an amount of Rs. 24 lakhs valid from 24.4.2009 to 19.4.2010. During the subsistence of the policy i.e., on 3.12.2009 between 8.00 and 9.00 a.m., when the operator of the excavator stationed the vehicle at Hindustan Construction Canal Earth Work, Navegavpanda village of Chandrapur District in Maharashtra State, the loose soil was sunk and disturbed...


Mar 13 2014

Oriental Bank of Commerce Rep by Its Chairman and Another Vs. P.S. Ram ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-13-2014

Oral Order: (Gopalakrishna Tamada, President) This is an appeal preferred by the opposite parties 1 and 2 against the order of the District Consumer Forum-I, Hyderabad, dated 14.03.2013 in C.C.No.1048/2011, whereby the said Forum was pleased allow the complaint partly. For the sake of convenience, the parties are referred to as arrayed in the complaint before the District Forum. The complainant worked with erstwhile M/s. Global Trust Bank since 17,07.1994 and subsequently the said bank was amalgamated with the opposite parties i.e. Oriental Bank of Commerce. Subsequent to the merger also, the complainant worked with the opposite parties bank and in the year 2005 he resigned to the bank and the same was accepted by the opposite parties bank. Despite the acceptance of his resignation, his retirement benefits such as Provident Fund, Gratuity, Leave Encashment, etc. were not settled till 10.09.2009. He was paid only in the month of September, 2009. Therefore, he approached the District For...


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