Court : Andhra Pradesh
..... rights. third category is the one that deals with substantive as well as procedural aspects. for instance, the specific relief act, under which the relief of specific performance can be claimed or the transfer of property act, that inter alia, provides for different kinds of transfer of immovable properties are substantive in nature without any traces of ..... the same, on the basis of a doubt or suspicion. questions of this nature generally arise in relation to the conferment of jurisdiction on special courts or tribunals, by denuding the regular civil courts, of such jurisdiction. even in such cases, emphasis is to assert jurisdiction by the concerned forum. there is also a ..... line of thought, which suggests that the provisions excluding the jurisdiction of a civil court and conferring the same on authorities and tribunals other than civil courts must be construed strictly. reference in this context may be made to the judgment of the supreme court in abdul waheed khan versus .....
Tag this Judgment!Court : Andhra Pradesh
..... o.p.no.686 of 2008 filed this appeal; having been aggrieved by the order/award of the learned chairman of the motor accidents claims tribunal-cum-principal district judge, karimnagar (for short, 'tribunal') dated 06.09.2011, awarding compensation of rs.8,25,000/-(rupees eight lakhs twenty five thousand only) with interest at 7.5% ..... has not been any violation of the aforesaid terms and conditions of the policy. the respondent insurance company has also failed to point out violation of any act, rules or conditions of insurance. the insurance company has no legal justification to deny the payment of compensation to the claimants. in the light of the foregoing ..... to use of the vehicle use only for carriage of passengers in accordance with permit (contract carriage or stage carriage) issued within the meaning of the motor vehicles act, 1988. this policy does not cover:1. use for organized racing, pace making, reliability trial, speed testing.2. use whilst drawing a trailer except the towing .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... state commission had considered the preliminary objections raised by the appellant that the claim of the respondent was barred by time. according to the complaint filed by the respondent, the cause of action arose when, according to the respondent, possession was ..... filing the complaint within the period of two years from the date on which the cause of action had arisen. the section debars any fora set up under act, admitting a complaint unless the complaint is filed within two years from the date of which the cause of action has arisen. neither the national commission nor the ..... between date of sale deed and date of filing the complaint exceeding 6 years against the limitation period of 2 years prescribed by section 24-a of the consumer protection act. he has placed reliance on the decision of the honble supreme court in haryana urban development authority vs b.k.sood? reported in (2006)i scc 164. .....
Tag this Judgment!Court : Andhra Pradesh
..... .474 of 1958 on the file of the i additional judge, city civil court, secunderabad. the 2nd defendant filed a written statement, almost supporting the case of the plaintiff and claiming a share in the suit schedule properties for herself and her children, defendants 3 and 4. she further pleaded that she is residing in item 2 of the suit schedule ..... . assuming that ex.b.1 is not surrounded by the suspicious circumstances, it needs to be seen as to how far it has been proved. section 68 of the evidence act, 1872 requires that any document, which is required to be attested, can be proved only by examining at least one of such attestors.the procedure to be followed, in the .....
Tag this Judgment!Court : Andhra Pradesh
..... .act. the 6th respondent i.e., claim petition 3rd respondent insurer of the moped of the deceased stated that there is no liability to the insurer fixed as no claim can be passed against the owner of the bike other than any claim of personal insurance accidents claim if at all for policy claimed outside the purview of the claims tribunal, ..... thereon is enforceable and executable in the same manner as provided in section 174 of the act for enforcement and execution of the award in favour of the claimants. (x) where on adjudication of the claim under the act the tribunal arrives at a conclusion that the insurer has satisfactorily proved its defence in accordance with ..... the provisions of section 149(2) read with sub-section (7), as interpreted by this court above, the tribunal can direct that the insurer is liable to be .....
Tag this Judgment!Court : Andhra Pradesh
..... 2007 dated 11.08.2009 on the file of the learned chairman of the motor accidents claims tribunal-cum-iii additional chief judge, city civil court, hyderabad (for short, 'tribunal') under section 166 of the motor vehicle act, 1988 (for short, 'the act').2. heard sri a.ramakrishna reddy, learned standing counsel for the insurer and sri k. ..... xviii) the supreme court in subsequent judgments have not treated the previous judgments including swaran singh (supra) as laying down unexceptionable principle that in every claim brought before the tribunal, the insurance company should be directed to pay compensation amount first even though its defence was found accepted, as evident from some of the later ..... kamala23 at page 41 that the defense available to the insurer to indemnify the insured or not (any) of a third party claim under section 149 of the act includes the license claim as genuine is fake. in that case on facts found the license possessed was fake and it was even renewed by the regional .....
Tag this Judgment!Court : Andhra Pradesh
..... the high court in the case of mrs.khorshed shapoor chennai versus assistant controller of estate duty8. on account of the conflict of decisions, the tribunal in exercise of its power under section 257 of the act, referred the question to the opinion of the supreme court. the question referred to the hon'ble supreme court is as follows: ".whether, on the ..... the assessee to get refund of the excess tax paid and such refund shall be made to the asssessee even without his having to make any claim in that behalf. section 244(a) of the act entitles the assessee to get interest on the refund amount and such interest is payable from the date of payment of tax or payment of penalty ..... the supreme court reported in ramabai versus cit3. 4) on the other hand sr.j.v.prasad, learned senior standing counsel for income tax would submit that the right to claim interest by the assess is dependent on an order being passed under section 240 and 244 of the income tax and in that view of the matter, the right to .....
Tag this Judgment!Court : Andhra Pradesh
..... of2011judgment: the bajaj allianz general 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-ii additional district judge, east godavari at amalapuram (for short, 'tribunal') in m.v.o.p.no.195 of 2007 dated 07.10.2010 ..... vs. kamala13 at page 41 that the defense available to the insurer to indemnify the insured or not (any) of a third party claim under section 149 of the act includes the license claim as genuine is fake. in that case on facts found the license possessed was fake and it was even renewed by the regional ..... justice would be sub-served in giving such a direction to pay and recover having regard to the scope and purport of sections 149 read with 168 of the mv act,1988. xii) in another judgment of two judges bench in national insurance company limited vs. parvathneni & another26, the apex court doubted the correctness of the directions .....
Tag this Judgment!Court : Andhra Pradesh
..... personal cultivation, it cannot be given credence and the decision relied upon sivakumaran chengal rao vs. p.paramasivappa1 showing for initial burden is on the debtor claiming the debt abated or deemed discharged under act as a small farmer is by producing 10-i account and adangals and when discharged with burden, the burden shifts on the plaintiff to plead and ..... or more prior to the debt contracted and even date thereafter she is not entitled to the benefit of act, 7 of 1977 amended by act, 45 of 1977 and act, 2 of 1990 respectively.10. now coming to whether the rate of interest claimed or even granted by the trial court in the preliminary decree at 18% p.a. is excessive and ..... 1990 and also of the amended act 4 of 1938 and the mortgage even if true thus gets abated, that the plaintiff and 2nd defendant are business people and as such they are not entitled to the benefits under debt relief laws and hence to set aside said decree and judgment by dismissing the suit claim with costs. 4(b). .....
Tag this Judgment!Court : Andhra Pradesh
..... rivers, streams, tanks, ponds, canals, lakes etc., which would otherwise vest in the government. this observation was made after noticing that the decree holders are claiming villages after villages in rangareddy district and localities after localities of twin cities of hyderabad and secunderabad and that apart from the state, there could be thousands of ..... chakiri yanadi30. in that case, the supreme court upheld change in shares made after preliminary decree in a partition suit by applying the hindu succession amendment act,2005 stating : ".a preliminary decree determines the rights and interests of the parties. the suit for partition is not disposed of by passing of the preliminary ..... therein that alienation was not bonafide. the observation in pannala renuka (3 supra) that an alienation pending suit violates s.52 of the transfer of property act, 1882 and such alienee has no enforceable right, is in my opinion, not correct in law. this is because s.52 makes an alienation pendente lite .....
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