Andhra Pradesh Court April 2014 Judgments
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The Chairman and Managing Director, Apepdcl ( Operations ) Pnt Colony, ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Apr-17-2014
Oral Order: (S. Bhujanga Rao, Member) 1. This appeal is filed against the order dated 18.06.2013 made in CC 59/2012 on the file of the District Consumer Forum at Vizianagaram. The appellants are the opposite parties and the respondents herein are the complainants in CC No.59/2012. For the sake of convenience, the parties are described as arrayed in the complaint. 2. The brief case of the complainants as set out in the complaint is that on 05.05.2011 at about 4.00 PM, while the deceased Jonnada Suridas was inserting an electrical plug to the switch board in their house he has sustained electrical shock and died of burn injuries. The first complainant, being the wife of the deceased, gave report to the police of Balijipeta Police Station, who, registered the case in Cr. No 32/2011 U/s. 174 of Cr.P.C. The said accident occurred only due to passage of heavy electricity through wires in the house of the deceased and as the men of the opposite parties were negligent and due to their derelict...
The Chief Manager, State Bank of India, MaIn Branch, Prakasam High Roa ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Apr-17-2014
(R. LakshmiNarasimha Rao, Member) 1. The complainant filed the appeal F.A.No.835 of 2013 and the opposite party has filed appeal in F.A.No. 524 of 2013. Both appeals are directed against the same order passed by the District Forum. The parties are referred to, as they are referred in the complaint. 2. The brief facts of the complaint are that the complainants wife on 20.01.2005 availed house loan of Rs.5,74,000/- to be repaid with interest at 8% p.a. and she executed registered mortgage deed mortgaging her plot. The complainant stood as guarantor to the house loan availed by his wife. The repayment of loan was commencing after completion of construction of 18 months and after disbursement whichever is earlier. As the sanctioned loan was insufficient, the opposite party again sanctioned a loan of Rs.1,50,000/- in addition to the loan of Rs.5,74,000/- and in total a loan amount of Rs.7,24,000/- was repayable in 120 equal instalments. The complainant without committing any default was reg...
State Bank of Mys Vs. P.Manoharam
Court: Andhra Pradesh
Decided on: Apr-17-2014
HONBLE SRI JUSTICE G. CHANDRAIAH & HONBLE SRI JUSTICE CHALLA KODANDA RAM WRIT APPEAL No.668 of 2014 17-04-2014 State Bank of Mysore..Appellant P.Manoharamma . Respondent Counsel for the appellant: Sri A.Krishnam Raju Counsel for Respondent: Sri P.Bhanu Prakash : : ?.Cases referred: HONBLE SRI JUSTICE G. CHANDRAIAH AND HONBLE SRI JUSTICE CHALLA KODANDA RAM WRIT APPEAL No.668 of 2014 JUDGMENT:- (Per Honble Sri Justice Challa Kodanda Ram) This writ appeal is filed against the order of the learned Single Judge in W.P.No.21173 of 2008, dated 30-07-2013, directing the appellant bank to extend the benefit of pension to the writ petitioner- respondent under the State Bank of Mysore Employees (Pension) Regulations, 1995.2. The admitted facts are that the writ petitioner is the wife of late P.Munaswamy, who had worked in the appellant bank from 01-05-1958 to 17-03-1991 and died while in service on 17-03-1991. On 30-06-1992, the appellant bank settled his provident fund and other benefits. Th...
Nagula Tulasamma and Ano Vs. Golangi Bhoopathi and Two Oth
Court: Andhra Pradesh
Decided on: Apr-17-2014
THE HONBLE SMT. JUSTICE ANIS CIVIL MISCELLANEOUS APPAL NOs. 970 OF2004and batch 17-04-2014 Nagula Tulasamma and another.Appellants Golangi Bhoopathi and two others. Respondents Counsel for the Appellants: Sri A.Rama Rao Counsel for the Respondent No.3: Sri V.Sambasiva Rao : : ?. Cases referred:1. 2004(5) ALD2312. 2004(5) ALD391THE HONBLE SMT. JUSTICE ANIS CIVIL MISCELLANEOUS APPEAL NOs.970 & 974 OF2004COMMON JUDGMENT: These two appeals are directed against the common award dated 12.11.2003 passed by the Motor Accident Claims Tribunal-cum-I Additional District Judge, Srikakulam in M.V.O.P.Nos.511 of 1998 and 532 of 1998 respectively, which arise out of the same accident that occurred on 22.05.1996 at about 5.30 a.m. near Korlam village on N.H.5 road in Srikakulam District.2. Petitioners in O.P.No.511 of 1998 are the parents of one Nagula Simhachalam Behara and their case is that on 22.05.1996, their son engaged the 2nd respondents van bearing registration No.AP16/W1155at Tekkali to ...
Abdul Waheed Khan Vs. Shriram Transport Finance Co. Ltd. and Another
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Apr-16-2014
Oral Order: (GopalaKrishna Tamada, President) The unsuccessful complainant is the appellant and this appeal is directed against the order dated 05-3-2013 in C.C.No.116/2011 on the file of the District Forum, Adilabad whereby the District Forum dismissed the complaint. The brief facts that emanate from the complaint filed U/s.12 of Consumer Protection Act, 1986 are that the appellant purchased a lorry bearing registration No.MP-17-C-4959 by obtaining a loan of Rs.6,00,000/- from the respondents herein on 25-9-2007. According to him the rate of interest was assured to be fixed at 7% and his signatures were obtained on blank papers. The total amount which has to be paid according to him works out to Rs.7,12,000/-. He paid a total sum of Rs.6,76,200/-. Though he has to pay the balance amount only of Rs.35,800/-, the respondents had claimed a total sum of Rs.5,00,000/- towards the loan and as they are harassing and threatening to seize the lorry, if the said amount was not paid, he approach...
Parakoti Kasim Vs. the Guntur Women Co-operative Urban Bank Ltd., Gunt ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Apr-16-2014
Oral Order: (GopalaKrishna Tamada, President) The appellants approached the District Forum and filed a complaint stating that there was deficiency of service on the part of the first opposite party. However, as there was a delay of 302 days, they filed I.A.No.54/2013 seeking direction to condone the said delay. The District Forum after notice to the opposite parties and also after hearing both the parties, refused to condone the said delay and dismissed the said application by its order dated 27-5-2013. The said order is challenged by the unsuccessful complainant. Heard. Having considered the submissions of the learned counsel for the appellant, Mr.Bhaskara Rao, we are of the view that the said delay of 302 days can be condoned and the matter can be remanded to the District Forum for reconsideration on merits. However, we are unable to do the same for the reason that the property which is in question was already sold by opposite party No.1 in a public auction conducted under A.P.Co-ope...
M/S.Alladi Rock Drilling Equipments (P) Vs. the Commission
Court: Andhra Pradesh
Decided on: Apr-16-2014
HONBLE Sr.JUSTICE G. CHANDRAIAH & HONBLE Sr.JUSTICE CHALLA KODANDA RAM C.E.A.No.1 of 2006 16-04-2014 M/s.Alladi Rock Drilling Equipments (P) Ltd..Appellant The Commissioner . Respondent Counsel for the Appellant: Sr.C.V.Narasimham Counsel for Respondent: Sr.V. Gopala Krishna Gokhaley, S.C.for Customs and Central Excise : : ?.Cases referred: HONBLE Sr.JUSTICE G. CHANDRAIAH & HONBLE Sr.JUSTICE CHALLA KODANDA RAM C.E.A.No.1 of 2006 JUDGMENT:- ( per Honble Sr.Justice Challa Kodanda Ram) The Central Excise Appeal filed under Section 35G of the Central Excise Act, 1944 (for short the Act) arises out of the order dated 08.04.2005 in Appeal No.E/52/02 passed by the CustoMs.Excise and Service Tax Appellate Tribunal (for brevity CESTAT).South Zonal Tribunal, Bangalore. Admitted facts of the case are that the appellant is a manufacturer of DTH hammeRs.button bits and other parts of boring machinery falling under Chapter Heading 84 & 82 of the Central Excise Tariff Act. On 21.09.1996, ...
The National Insurance Company Limi Vs. Thota Kusuma Kumari and Anot
Court: Andhra Pradesh
Decided on: Apr-16-2014
HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO M.A.C.M.A.No.1025 of 2007 16-04-2014 The National Insurance Company Limited..Appellant Thota Kusuma Kumari and another...Respondents Counsel for the Appellant : Smt.Ramani Jonna Counsel for the 1st Respondent: Sri N.V.Anantha Krishna : : ?. Cases referred:1. (2004)8 SCC5532. 2009 ACJ998(SC) 3. 2008 ACJ1441(SC) HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO M.A.C.M.A.No.1025 OF2007JUDGMENT: The appellant-2nd respondenet-insurance company, in the claim petition, filed this appeal having been aggrieved by the Order/Award of the learned Chairman of the Motor Accidents Claims Tribunalcum-III Additional District Judge, Kakinada, (for short, Tribunal) in M.V.O.P.No.43 of 2005 dated 13.03.2007, awarding compensation of Rs.85,000/- with interest at 7.5% per annum as against the claim of the claimant of Rs.1,04,000/- in the claim petition under Section 166 of the Motor Vehicle Act, 1988 (for short, the Act).2. Heard Smt.Ramani Jonna, the learned standing coun...
Dr. Dubbasi Praveen Kumar S/O D Krupanan Vs. Dr. Ntr University of Hea ...
Court: Andhra Pradesh
Decided on: Apr-16-2014
THE HONBLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION Nos.20283 of 2013 and batch 16-04-2014 Dr. Dubbasi Praveen Kumar S/o D Krupanandam Community Health Centre, Marriguda village and mandal Nalgonda District Petitioner Dr. NTR University of Health Sciences,Rep by its Registrar, Vijayawada and another . Respondents !Counsel for the Respondents:1. Sri A.Prabhakar Rao, standing ^counsel for 2nd respondent in W.P.Nos.20362 and 21547 of 2013 and also 1st respondent in W.P.No.20283 of 2013 2) Government Pleader for Medical & Health for respondent No.1 in W.P.Nos.20362 and 21547 of 2013 and also respondent No.2 in W.P.No.20283 of 2013 : : ?. Cases referred:1. AIR1972SC13752. AIR1993SC4773. AIR1996SC13784. Civil Appeal No.4310-4311 of 2010 5. 2006 (1) ALD1(FB) 6. 2004 (6) ALD1(LB) 7. AIR1972SC13758. 2002 (4) ALD389(FB) The Court made the following: HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION Nos. 20283, 20362 AND21547of 2013 Common Order: Petitioners in these writ petitions were unsucc...
The National Insurance Co. Ltd Hyderabad Vs. Mohd. Zakeer and Othe
Court: Andhra Pradesh
Decided on: Apr-15-2014
THE HONBLE Sr.JUSTICE U.DURGA PRASAD RAO M.A.C.M.A No.173 of 2009 15-04-2014 The National Insurance Co.Ltd Hyderabad.....Appellant Mohd. Zakeer and others.Respondents Counsel for Appellant: Sr.A. Veera Swamy Counsel for Respondent Nos.1 to 4 : Sr.K. Jagathpal Reddy : ?.Cases referred: 1) 2009 ACJ1298(SC) 2) 2014(1) ALT512(DB) 3) 2013(9) Supreme Court Cases 54. 4) AIR2003SC674= 2003 ACJ125) 2014 (2) ALD4646) 2006 ACJ13987) 2011 ACJ24188) 2014(2) ALD468HONBLE Sr.JUSTICE U. DURGA PRASAD RAO M.A.C.M.A.No.173 of 2009 JUDGMENT: Challenging the award dated 20.07.2007 in O.P.No.2326 of 2005 passed by the Chairman, M.A.C.T-cum-X Additional Chief Judge, 2) The factual matrix of the case is thus: a) The claimants 1 to 4 are father, mother and sisters of the deceasedMohd. Shakeer. Their case is that on 31.07.2005 at ab b) Respondent No.1 remained ex parte. c) Respondent No.2/Insurance Company filed counter and opposed the material averments in the petition and urged to put the c d) During trial P....
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