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Andhra Pradesh Court October 1988 Judgments

Oct 25 1988

Transworld Shipping Service India Pvt. Ltd. Vs. Harwan Investment and ...

Court: Andhra Pradesh

Decided on: Oct-25-1988

Reported in: AIR1989AP255

Yogeshwar Dayal, C.J. 1. This is an application filed by M/s. Transworld Shipping Service India Pvt. Ltd. (Petitioner-appellant) for condonation of delay of 466 days in preferring an appeal against the judgment of the learned single Judge (Raghuvir, J., as he then was) dated 20th March, 1987. The application is opposed by M/s. Harwan Investment and Trading Pvt. Ltd. (respondent-plaintiff) which filed the suit, C.S. No. 1 of 1984, against defendants I and 3, the ship and its owner respectively, and the 3rd defendant (petitioner-appellant) who is an agent of the 2nd defendant for a joint and several decree for recovery of Rs. 14,25,000/-with interest. The learned single Judge decreed the suit as prayed for. Against that judgment, the defendants 1 and 2 filed an appeal, but no appeal was filed by the present appellant. 2. The 3rd defendant filed the appeal in this Court on 28th July, 1988. As the appeal was barred by limitation, the present application, C.M.P. No. 14272 of 1988, has been ...

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Oct 16 1988

Coromandel Fertilizers Ltd. Vs. K. Narasimha Murthy

Court: Andhra Pradesh

Decided on: Oct-16-1988

Reported in: [1989(58)FLR822]; (1989)IILLJ334AP; (1989)IILLJ334SC

1. This contempt case has been filed by the writ petitioner - Company against the respondent herein on the ground of alleged wilful and intentional disobedience of the order of this Court passed on 26th May 1987 in W.P.M.P. No. 8625/87 In W.P. No. 6489/87. 2. There was dispute between the writ petitioner - Company and one of its workmen Sri P. Venugopalarao, who has since died. The dispute between the parties is the subject-matter in M.P. Nos. 159, 166, 169, 174 and 183 of 1986 before the Industrial Tribunal-cum-Labour Court. While disposing of the said petition, by order dated 1st May 1987 the said Tribunal passed an order which was described as 'short communication order', the effect of which was that the petitioner-Company became liable to pay a sum of Rs. 2.91 lakhs. It is the case of the petitioner that no reasoned judgment was prepared or pronounced in open Court on that date, thereby precluding the petitioner to seek appropriate remedies in law. The petitioners were compelled to...

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Oct 11 1988

Basheer HusaIn and ors. Vs. the Govt. of A.P. and ors.

Court: Andhra Pradesh

Decided on: Oct-11-1988

Reported in: 1992(2)ALT24

K. Ramaswamy, J.1. The six petitioners were admittedly granted leases in Warangal Division to extract Abnus leaves in terms of the A.P.Minor Forest Produce (Regulation of Trade) Act, 1971 (for short 'the Act) and the A.P. Minor Forest Produce (Regulation of Trade in Abnus Leaves) Rules, 1970 (hereinafter referred to as 'the Rules'). They entered into statutory contracts with the Divisional Forest Officer and deposited certain amounts as security deposits. For one reason or the other, their contracts were terminated. They sought for adjustment of the security deposits towards the amounts due to the Government. Instructions were sought for from the Government in that regard. The Government in the impugned Memorandum No. 48830/For.III/81-8 dated October 4, 1982 clarified that under Rule 31 of the A.P. Forest Contract (Disposal of Forest Produce) Rules, 1977 (hereinafter referred to as the 'Forest Rules') power is only to forfeit the security deposit. That power was given under the provisi...

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Oct 07 1988

Satyanarayana Vs. Dock Labour Board, Visakhapatnam and anr.

Court: Andhra Pradesh

Decided on: Oct-07-1988

Reported in: (1989)ILLJ573AP

ORDER1. The petitioner is a watchman. He who had been residing in the Board's quarters No. T. 1/13 at Kailasapuram, went to quarters No. T/1/14 on 1st October 1984 at about 8.30 p.m. and put off the fan switch and bent the fan blades in the said quarters and he also went to T. 1/15 quarters and called out the inmates by kicking on the door, and thereby he caused damage to D.L.B. Property. Accordingly he was charged for the above misconduct. An Enquiry Officer was appointed. On enquiry it was found by the Enquiry Officer that the petitioner has committed the said misconduct. As a result, in the impugned order dated 24th May 1985, a punishment of withholding two annual increments without cumulative effect was awarded. Assailing the legality thereof, this writ petition has been filed. 2. The contention of Sri V. Venkataramana, learned counsel for the petitioner, is that the Visakhapatnam Dock Labour Board Staff (Recruitment and Conditions of Service) Rules, 1970 (for short 'the Rules') do...

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Oct 06 1988

Y. Veeraiah Vs. Margadarsi Chit Fund Pvt. Ltd.

Court: Andhra Pradesh

Decided on: Oct-06-1988

Reported in: [1990]68CompCas484(AP)

Jayachandra Reddy, J.1. The question that is referred to the Bench is whether the document on construction is to be held a promissory note on demand, or otherwise than on demand, or whether it is merely an agreement? 2. The plaintiff, a chit fund company, filed a suit for recovery of money on the basis of certain documents executed by the defendants. When the document in question which was executed by the defendants was sought to be marked, an objection was taken that it is a promissory note payable otherwise than on demand, and that it is not properly stamped and, therefore, becomes inadmissible in evidence. Learned Principal District Munsif, on a construction of the document, held that it amounts only to an agreement and that, therefore, it is admissible. As against that, the fourth defendant filed a civil revision petition and the learned single judge, after hearing the rival contentions, referred it to a Bench. The learned single judge felt that the observations made in Venkata Sub...

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