Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... order of the district forum. the opposite party has not complied with the order of the district forum whereon the complainant filed application under section 27 of the consumer protection act in seeking for punishment of the opposite party which was dismissed by the district forum by the following order: amount not deposited though posted under caption dismissal. the complainant is .....
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..... mean that the court has not the power to compare the disputed signature with the admitted signature as this power is clearly available under section 73 of the act". the revision petitioners' counsel also placed reliance on m.rama swarajya lakshmi v. p.satyanarayana2 of this court wherein this court in the light of facts and ..... advising cautious approach in such matters, recognized undoubted power of the court under section 73 of the indian evidence act in the following terms: "38. as a matter of extreme caution and judicial sobriety, the court should not normally take upon itself the responsibility of comparing the ..... an expert as the court itself can undertake such comparison to come to an opinion of its own in exercise of power under section 73 of the indian evidence act, 1872. 8) sheet anchor of the revision petitioners' counsel is ajit savant majagavi v. state of karnataka1 of the supreme court wherein the supreme court while .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... gujarat state financial corporations case, the financial corporation entered into agreement in performance of its statutory duty to advance loan to the respondent company and acting on undertaking, the respondent company proceeded to undertake and execute project of setting of a 4 star hotel. the company incurred huge expenses and suffered ..... premise that supplementary agreement was entered into on the basis of government orders and on misleading the complainants and the mutual understand letter was not acted upon. there is no evidence on record to show that the supplementary agreement was entered into by the first opposite party misrepresenting the complainants ..... . the builder was directed to refund the amount deposited with interest. 70. in hsbc assets case provisions of consumer protection act vis- -vis provisions of arbitration and conciliation act were considered in detail and it was held that consumer dispute before consumer forum is maintainable though the agreement between the parties .....
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THE HON'BLE SRI JUSTICE V. ESWARAIAH AND THE HON'BLE SRI JUSTICE B.N. RAO NALLA A.S. Nos.563; 626 OF 201.01.03.2013 Punumacha Ashok Raju @ Ashok s/o. Sitarama krishnam Raju Indukuri Venkata Gopala Krishnam Raju and two others Counsel for the Appellant:: Mr. Venkateswarlu Chakkilam Counsel for Respondent No.1: Mr.M.Adinarayana Raju HEAD NOTE: Referred Cases:1. (1990) 3 SCC 29.2 (1991) 1 SCC 71.3 2004 (1) ALT 65.42004 (2) ALT 75.5 2004(2) ALT 78.6 2010 (4) ALD 31.APPEAL SUIT Nos.563 AND 62.OF 201.COMMON JUDGMENT: (per Hon'ble Sri Justice B.N. Rao Nalla) These appeals are filed assailing the common order dated 28th June, 2012 in E.A.No.1 of 2012 in E.P. No.1 of 2012 in O.S.No.10 of 2001 (old E.A.No.30 of 2007 in E.P. No.56 of 2006) and E.A. No.4 of 2012 in E.P.No.2 of 2012 in O.S.No.22 of 1999 (old E.A. No.29 of 2007 in E.P.No.55 of 2006) respectively, on the file of the Additional District Judge, West Godavari, Kovvur.2. The appellant filed claim petitions in E.A.No.1 of 2012 and E.A. No...
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..... expectation is not same anticipation. legitimacy of an expectation can be inferred only if it is founded on the sanction of law.22. if the state acts within the bounds of reasonableness, it would be legitimate to take into consideration the national priorities and adopt trade policies. as noted above, the ultimate test ..... online web based "fertilizer monitoring system (fms)". 20% of the price decontrolled fertilizers produced/imported in india is in the movement control under the essential commodities act 1955 (eca) and department of fertilizers will regulate the movement of these fertilizers to bridge the supplies in undeserved areas.3. it is submitted that under ..... answered in the light of the rival contentions, as noted above.14. the fco, issued in exercise of power under section 3 of the essential commodities act, 1955, was issued with a view to regulating equitable distribution of fertilizers and making fertilizers available at fair price by notification in the official gazette, fixed .....
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..... . in wigmore's evidence, 1095 ed., page 1226, the word 'admission' has been defined as follows:- an "admission" in the correct sense is a formal act, done in the course of judicial proceedings, which waives or dispenses with the production of evidence by conceding for the purposes of litigation that the proposition of fact claimed ..... turn back and say that late surya rao and the second defendant were not joint. the word 'admission' has been defined under section 17 of the indian evidence act as follows:- "an admission is a statement, oral or documentary or contained in electric form, which suggests any inferences as to any fact in issue or relevance ..... with hisown funds. as far as additional issue no.4 dated 11.02.1994 is concerned, both the counsel appearing before the court below admitted that benami transactions prohibition act is not applicable to this case. holding so, the court below decreed the suit. aggrieved by the same, the second defendant filed this appeal. heard the arguments .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... 17. thus prior to filing of the appellant filing the complaint before the district forum, the respondents had initiated proceedings under the provisions of sarfaci act and the appellants husband invoked the jurisdiction of debt recovery tribunal where the scope of the subject matter of the present complaint can be examined in ..... is enacted with the clear object that such matters should not be considered and decided by any other court or authority except the tribunal constituted under the above act . 22. since, consumer fora had no jurisdiction to entertain the said complaint, state commission has rightly dismissed the complaint of the petitioner. decision of sardar ..... p.a., nor committed breach of terms of loan agreement. the consumer forum has no jurisdiction to entertain the complaint as proceedings were already initiated under sarfaesi act. 6. the complainants power of attorney holder filed his affidavit and the documents, exs.a1 to a6. on behalf of the opposite parties, its collection .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... of the respondent would continue in terms of the loan agreement which was executed by the respondent. the appellant filed complaint under section 138 of the negotiable instruments act and the case appears to be pending before the court concerned. the respondent cannot evade its liability in terms of the loan agreement and it cannot throw blame ..... to honour the cheque and the cheques had been given to obtain the loan and hence shall be liable to be prosecuted under the provisions of the negotiable instruments act read with the indian penal code and / or under any law applicable to such dishonor for the time being in force. 14. the respondent has not ..... favour of the appellant on 26.09.2008 towards return of the undelivered vehicle was dishonoured and the appellant initiated proceedings under the provisions of the negotiable instruments act against the dealer and unless the amount covered under the cheque is realized the respondent has to pay the amount due and he is entitled to the refund .....
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..... 1908 (5 of 1908) and the indian evidence act, 1872 (1 of 1872)". the question, as to when the dispute can be said to have arisen; is too difficult to be defined. if a given set of ..... offence, decide the dispute. sec.22-d.procedure of permanent lok adalat.- the permanent lok adalat shall, while conducting conciliation proceedings or deciding a dispute on merit under this act, be guided by the principles of natural justice, objectivity, fair play, equity and other principles of justice, and shall not be bound by the code of civil procedure, ..... the permanent lok adalat. filing of such a matter would preclude the parties from seeking adjudication before the court, that has jurisdiction in the matter. section 22-c of the act, which provides for the mechanism, reads, "sec.22-c. cognizance of cases by permanent lok adalat.- (1) any party to a dispute may, before the dispute is .....
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..... conforming to the spirit of that order passed on the solemn undertaking given by their counsel, the contemnors have been guilty of contumacious conduct and their act in publishing trade notices contradicting the trade notice of balram singh amounted to gross violation of the said undertaking. the supreme court has taken this conduct ..... this affidavit, this court would not have enlarged the time. admittedly, the contemnor has breached this undertaking. in my considered opinion, each one of the following acts of the contemnor constitutes contempt of this court : (a) failing to file an affidavit despite his counsel's oral undertaking given on his behalf at the time ..... to punish for contempt must always be exercised consciously, wisely and with circumspection. at the same time, the court should act with seriousness and severity where justice is jeopardized by a grossly contemptuous act of a party. if the judiciary is to perform its duties and functions effectively and true to the spirit with .....
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