Court : Andhra Pradesh
..... basis of conviction unless it is corroborated. the rule requiring corroboration is merely a rule of prudence. (v) where the dying declaration is suspicious, it should not be acted upon without corroborative evidence. (vi) a dying declaration which suffers from infirmity such as the deceased was unconscious and could never make any statement cannot form the basis of ..... deceased as alleged by the prosecution. the sessions judge has recorded a finding that the charge that a.1 poured kerosene and lit fire was established and the said act of the a.1 amounts to offence punishable under section 302 ipc and further recorded a finding that a.2 is liable for punishment under section 302 read with ..... and if the said dying declarations are disbelieved, a.2 has not committed any offence. the sessions judge has not given any finding with regard to the specific overt acts of a.2 to hold him guilty for the offence under section 302 read with 34 ipc. the oral dying declaration given by the deceased to p.ws.5 .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Oral Order (Sri R.Lakshminarasimha Rao, Honble Member) 1. The opposite parties no. 1 and 2 have filed appeal contending that the respondent has to pay balance sale consideration of `2,00,000/- and get the plot registered in his name and the District Forum ought not to have directed for refund of the amount and that the respondent is a defaulter and that as per the contents of the agreement of sale, the respondent has to pay an amount of Rs.2,00,000/- to the first respondent on or before 28.02.2009. It is contended that the complaint is not filed within the period of limitation and that the respondent is not a consumer as also that there was no deficiency in service on the part of the appellants. 2. The case of the respondent is that he paid an amount of Rs.4 lakh towards the cost of the plot measuring 200 sq.yards @`3,000/- per square yard, to the appellants during the month of November,2007 and as no development work was commenced, the respondent demanded the appellants to return the ...
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... liable to be set aside. however, the removal of the respondents name was made in contravention of the provision, section 20(1) and (2) of the a.p. chit funds act and as such the appellant-chit fund company is liable to pay a sum of `5,000/- towards compensation to the respondent. thus, the amount payable by the appellant-chit ..... /- towards damages for breach of contract and incidental charges, the amount stated to be payable to the respondent is `92,594/-. 11. section 20 of the a.p.chit funds act lays down that the removal of name of a subscriber has to be made in accordance with section 20(1) and (2) of the ..... act and in terms of the chit agreement and it reads as under: 20. removal of defaulting subscribers:-- a non-prizedsubscriber who defaults in paying his subscription in accordance with the .....
Tag this Judgment!Court : Andhra Pradesh
..... does not augur well, either for him, or for the administration, of which, he is a part. the discussion undertaken above discloses that respondents 2 and 3 have acted in a patently illegal, highhanded, capricious manner, and in a way, have exhibited the conduct, which is unbecoming of persons, holding such posts. the writ petitions are ..... necessary to mention here that nowhere in his report dated 29-03-2011, the 3rd respondent stated that there was any violation of procedure prescribed under the act and rules, while pattadar pass books and title deeds were issued to the 2nd petitioner. after referring to the reply submitted by the petitioners, the 2nd ..... respondent has made a serious attempt, to justify his recommendation for initiating disciplinary proceedings against the sub-registrar. he places heavy reliance on section 81 of the registration act. in their counter-affidavit, the respondents 4 to 6 submit that with the purchase of land by them, in the year 1995, they have acquired title, .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... service on the part of the appellant-insurance company. 5. the appellant-insurance company had contended that the police imposed fine under sections 177 r/w 184 of m.v.act and as such the respondent is not entitled to claim damage from the appellant. the surveyor deputed by the appellant to assess the loss, requested the respondent to get dismantled .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... considered. therefore the question of granting compensation towards mental agony and inconvenience will not arise when amount has been paid as per the provisions of carrier by air act and warsaw convention. the very same decision holds good. we agree with the contention of the airlines in this regard. 10) in the result the appeal ..... is vitiated by mis-appreciation of fact or law? 8) it is an undisputed fact that the appellant airlines paid the amounts as per carriers by air act obviously the statute has prescribed the above compensation after considering not only the loss but also mental agony and inconvenience caused for loss of baggage. when the ..... however, payment of said amount has no relevancy for the inconvenience and mental agony caused for loss of baggage. the complainants have indeed remedy under the consumer protection act for claiming compensation towards mental agony suffered by them which the dist. forum quantified at rs. 50,000/- and directed the airlines to pay the said amount .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... . b9 legal notice to the consignee as well as respondent transport company claiming the amount, and that it being a commercial transaction, excluded from the provisions of the consumer protection act and consequently dismissed the complaint. 6) aggrieved by the said order the complainant preferred the appeal contending that the dist. forum did not appreciate either facts or law in correct ..... the decision of honble supreme court in madan kumar vs. dist. magistrate, sultanpur reported in (2009) 9 scc 79 and that the dispute attracts the provisions of the consumer protection act, and therefore prayed that the complaint be allowed. 7) the point that arises for consideration is whether the order of the dist. forum is vitiated by mis-appreciation of fact .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... 19) the doctor no doubt filed the affidavits of attestars of ex. b1, the dist. forum after going through the record opined: as per section 73 of the indian evidence act, the court (forum) can compare the disputed signature with admitted signature on a document to come to a just conclusion as to the genuineness. in that way, when this forum ..... matter was reported to the caste elders, upon which they convened a meeting on 27.12.2008 in the said meeting the opposite party has agreed that due to his act the complainant has lost his vision. as such he is prepared to pay the compensation and took away all the original documents such as original discharge ticket. later he ..... unable to run his business properly. when he reported the matter to caste elders they convened a meeting on 27.12.2008 wherein the doctor admitted that due to his acts he lost his vision and prepared to compensate. so saying he took away all the original documents. later he changed his mind by stating that he could do whatever .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... was renewed for a period of twenty years i.e. from february 5, 2000 to february 4, 2020. again, there was no endorsement as required by section 3 of the act. a specific plea was taken by the insurance company but the authorities held the insurance company liable which could not have been done. the reasoning and conclusion arrived at by .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Oral Order: (Sri R.Lakshminarasimha Rao, Honble Member) 1. The unsuccessful complainants are the appellants. They filed complaint with the averments that the husband of first appellant was a technician, organ player and musician with M/s Anna Audio Lab Hyderabad and used to earn a sum of `20,000/- per month. He visited Khammam, his native place on 8.11.2004 and developed stomach-ache and he was taken to the respondent no.1 hospital where he was admitted and initially diagnosed with suffering from acute pancreatitis. The respondents advised for ultrasound scan of abdomen which indicated pancreatic outline. Serum analysis test was carried out on 8.11.2004 which revealed abnormal level. Initially, the fourth respondent had examined the first appellants husband. 2. The appellants have contended that the fourth respondent is not a qualified doctor and the third respondent failed to carry out required diagnostic tests and allowed the fourth respondent to monitor the condition of the patient ...
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