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Andhra Pradesh Court February 1984 Judgments

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Feb 08 1984

Muthavarpu Venkateswara Rao Vs. N. Subbarao

Court: Andhra Pradesh

Decided on: Feb-08-1984

Reported in: AIR1984AP200

Jagannadha Rao, J.1. The question that falls for consideration in this appeal relates to the power of the Court to grant stay under Section 34 of the Arbitration Act. 1940 in cases involving allegations of fraud or allegations affecting professional reputation.2. The respondent filled the suit D. S. No. 580 of 1982 in the Court of the Subordinate Judge, Vijayawada for settlement of accounts of the 1st defendant firm ' Sri Venkateswara Estates' and for rendition of accounts and for allotting to the respondent his share of 10 paise in the property and in amounts that may be found due on settlement of accounts. He also alternatively claimed for dissolution of the said firm and settlement of accounts and for the appointment of a receiver. Originally there was a registered partnership deed dated 27-11-75 which is marked as Ex. B. 1 in these proceedings. The partnership was at will and consisted of 17 partners. One of the partners gave site of 6000 square yards for the purpose of constructio...


Feb 08 1984

Agricultural Market Committee, Anantapur Vs. Kulluru Subbi Reddy and o ...

Court: Andhra Pradesh

Decided on: Feb-08-1984

Reported in: AIR1984AP391

1. These two writ petitions - W. P. No. 10830/83 by the Anantpur District Seeds and Oil Mills Association and W. P. No. 10911/83 by several growers of groundnut and other notified agricultural products within the area of the Andhra Pradesh Agricultural Market Committee - seek a writ of mandamus directing the Anantapur Market Committee 'not to enforce the provisions of S. 7 (6) of the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966 (hereinafter referred to as the 'Act') till regular and pucca facilities are provided by the Anantapur Market Committee.'2. Pending these Writ Petitions, the petitioners prayed in W. P. M. Ps. 14797/83 and 14904/83 for directing the respondent-Market Committee not to insist or force the growers of several villages to sell their products (groundnut shelled or unshelled) in the market yard at Anantapur and to forbear from enforcing the provisions of S. 7 (6) of the Act till infra structure and all facilities are provided. These petitions w...


Feb 07 1984

D.B.R. Mills Ltd. Vs. Appellate Authority, Under Payment of Gratuity A ...

Court: Andhra Pradesh

Decided on: Feb-07-1984

Reported in: (1985)ILLJ181AP

K. Madhava Reddy, C.J.1. These four appeals raise a common question of law as to the mode of computing the amount of gratuity payable to a workman under the Payment of Gratuity Act, 1972 (Act 39/72) (hereinafter referred to as the Act). The D.B.R. Mills Ltd. is a Public Ltd. Company (hereinafter referred to as the Company). The appellant herein is the employer within the meaning of S. 2(f) of the Act and is liable to pay gratuity u/s 4 of the Act to its employees who have been in continuous service as defined u/s 2(c) of the Act. There is no dispute that the appellant Company is the employer and the third respondent in each of these writ Appeals is its employee. Under sub-s.(2) of S. 4 of the Act, for every completed year of service or part thereof in excess of six months the employer is under an obligation to pay gratuity to an employee 'at the rate of fifteen days (wages)' based on the rate of wages last drawn by the employee concerned. The employees claim that in computing the conti...


Feb 06 1984

P. Padmanabha Reddy and anr. Vs. State of Andhra Pradesh and anr.

Court: Andhra Pradesh

Decided on: Feb-06-1984

Reported in: AIR1984AP129

ORDER1. The controversy raised in this writ petition relates to the method of implementation of the rule fo reservation in favour of local candidates, in the matter of admission to Post-Graduate Medical Courses. Since the said rule of reservation is made in several other courses of study as well, the issue has acquired certain general importance.2. Clause (1) of Art. 371-D of the Constitution empowers the President to provide, by order, for equitable opportunities and facilities for the people belonging to different parts of the State in the matter fo public employment and education, having regard to the requirements of the State, as a whole. Sub-clause (b) of clause (2) says that, the President may, while issuing an order under clause (1), specify any part or parts of the State which shall be regarded as the 'local area', inter alia, for the purpose of admission to any University within the State, or to any other educational institution which is subject to the control of the State Gov...


Feb 03 1984

Krishna Coal Site Industry Vs. the Singareni Collieries Co. Ltd. and a ...

Court: Andhra Pradesh

Decided on: Feb-03-1984

Reported in: AIR1984AP208

Y.V. Anjaneyulu, J.1. The petitioner in Writ Petition No. 3947 of 1982 is Krishna Coal Site Industry, Mancherial, represented by its proprietor, Ghansham Das. The petitioner in Writ Petition No. 3948 of 1982 is Jagadamba Coke and Briquette Industry, represented by its proprietor, Chandulal. Sri C. P. Sarathy, learned counsel representing the petitioners in both the writ petitions stated that the facts in both the writ petitions are identical. He dealt with the facts in Writ Petition No. 3947 of 1982 and submitted that the decision of this Court in the said writ petition will also govern automatically Writ Petition No. 3968 of 1982. No separate submissions are made in so far as Writ Petition No. 3948 of 1982. In the circumstances, both the writ petitions are disposed of together. The facts in Writ Petition No. 3947 of 1982 are dealt with and the decision will govern both the writ petitions.2. The petitioner secures supplies of round coal from Singareni Collieries Company Ltd., the 1st r...


Feb 01 1984

Kotla Appalaswamy and ors. Vs. Sub-collector and Land Acquisition Offi ...

Court: Andhra Pradesh

Decided on: Feb-01-1984

Reported in: AIR1984AP381

1. A. S. No. 434 of 1979 is an appeal filed against the decree and order of the Subordinate Judge Vizianagaram made in C. P. 15 of 1974 dated 21st of April 1978. A. S. No. 870 of 1979 is another appeal filed against the decree and the order of the Court of the Subordinate Judge, Vizianagaram, but made in O. P. No. 16 of 1974 dated 21st of April 1978 and A. S. 913 of 1979 is the third in the series filed against the award passed by the learned Subordinate Judge Vizianagaram in O. P. 17 of 1974 dated 21st of April, 1978. All these three appeals arise out of a common order passed by the learned Subordinate Judge Vizianagaram disposing of the above mentioned in O. Ps. Viz. O. Ps. 15, 16 and 17 of 1964, and all of them relate to the disposal of claims of land owners for enhancement of compensation payable to them by the State under the Land Acquisition Act for the land belonging to the appellants and acquired by the Government under the provisions of Land Acquisition Act. The lands in these...


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