Andhra Pradesh Court December 1988 Judgments
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Administrative Staff College of India, Hyderabad Vs. D.P. Seshachalam
Court: Andhra Pradesh
Decided on: Dec-30-1988
Reported in: (1990)ILLJ575AP
Jayachandra Reddy, J.1. This writ appeal is directed against the order of our learned brother P. A. Chowdhary. J. The writ petition was filed seeking a writ or order or direction in the nature of Mandamus declaring the order of termination of the petitioner's service dated 23rd October, 1979 as illegal and void and without jurisdiction, and to direct the respondent, viz., the Administrative Staff College of India, to reinstate him in service. 2. A preliminary objection was taken on behalf of the Administrative Staff College that the writ is not maintainable in as much as the Administrative Staff College of India is not an authority as to come within the meaning of 'State' under Article 12 of the Constitution of India. The learned single Judge, after referring to various decisions, held that the Administrative Staff College of India should be regarded as 'State' within the meaning of Article 12 of the Constitution and is thus amenable to writ jurisdiction, and then he quashed the impugn...
Cherukuri Venkat @ Kotha Venkadu Vs. State of A.P. Through Public Pros ...
Court: Andhra Pradesh
Decided on: Dec-26-1988
Reported in: 1992(3)ALT515
Jayachandra Reddy, J.1. Two accused were tried in Sessions Case No. 23/87 on the file of the II Additional Sessions Judge, Vijayawada. They were convicted under Section 302 read with Section 34 and Section 120-B of the Indian Penal Code. They were sentenced to undergo imprisonment for life for the offence punishable under Section 302 read with Section 34 I.P.C. No separate sentence was awarded for the offence punishable under Section 120-B, I.P.C. A-2 was further convicted under Section 201 I.P.C. and sentenced to undergo rigorous imprisonment for three years. Both the sentences imposed on A-2 shall run concurrently. A-1 preferred this appeal.2. It is alleged that they caused the death of Thotapalli George on the night of 25th June, 1986 at Vyra at about 10-30 p.m. by throttling, beating, pushing him against a wall with force and by kicking him on the chest. A-2 is the wife of the deceased, they were married at a very young age. Thereafter they started living separately. A-1 who is a r...
Union of India (Uoi) and anr. Vs. Sohoun Constructions
Court: Andhra Pradesh
Decided on: Dec-22-1988
Reported in: AIR1989AP350
1. The appellants-Railways entered into an agreement with the respondent-company and entrusted certain construction work of bridges in Kottavelasa-Kirandole section. In the execution of that construction work, disputes arose between the parties. The respondent-contractor filed the suit (out of which this appeal arises) O.S.No. 112/80 on the file of Principal Subordinate Judge, Visakhapatnam under Section 20 of the Arbitration Act for a direction to the appellant to file agreement dt. 31-3-1973 into the court and for referring the disputes to arbitrator in accordance with the arbitration clause in the said agreement. The appellants contested the suit on the ground that the respondent-company could not complete the work as stipulated, consequently the appellants had to get the work executed through some other agency and that no amount was due to the respondent-plaintiff which is evident from the fact that it gave a no claim certificate on 15-5-1976 (Ex.B.3). It was further stated that th...
New India Assurance Co. Ltd. Vs. S. Ramulamma and ors.
Court: Andhra Pradesh
Decided on: Dec-15-1988
Reported in: I(1990)ACC168
G. Radhakrishna Rao, J. 1. Lorry bearing No. APT 5045 belongs to Mohd. Jahangir, 1st respondent in the O.P. The 2nd respondent Mogili Narsimlu drove the vehicle on the date of the accident, i.e., on.9.6.1981. The lorry was insured with the New India Assurance Co. Ltd., and Exh. 3-1 is the policy. The lorry was placed by the owner at the disposal of the District Collector for the use in the Panchayat Samithi elections. The Government delegated Mr. Harbhagwan Singh, counsel for the Haryana Urban Development Authority to put forth the plea of limitation against the claimant, in so far as this respondent was concerned on the ground that the Haryana Urban Development Authority had been impleaded as a party after the period of limitation for the filing of the claim application had expired. This is indeed a contention devoid of merit. The record would show that no such objection was pressed before the Tribunal and at any rate, once it was impleaded as a party, it will be deemed that it was im...
Employees' State Insurance Corporation Vs. Gopi Prints
Court: Andhra Pradesh
Decided on: Dec-08-1988
Reported in: (1989)ILLJ569AP
1. The only question which arises in this civil miscellaneous appeal is whether the respondent is an 'establishment' within the meaning of Section 1(5) read with Section 2(12) of the Employees' State Insurance Act, for short 'the Act'. 2. The respondent is engaged in printing and dyeing of sarees. The premises where the manufacturing process is being carried on has an overhead tank. Water is pumped into the tank with half Horse-Power electric motor. On survey, the appellant-Corporation sent to the respondent a communication dated 6th May 1983 stating that the petitioner-factory/establishment is covered by the Act with effect from 11th May 1982. That was challenged by the respondent before the Employees' State Insurance Court in E.S.I. Case No. 46/83. By its judgment dated February 1, 1984 the E.S.I. Court held that though the number of persons were ten, the manufacturing process was not being carried on with the aid of power. In that view of the matter, it held that the coverage of the...
B. Venkata Rao and anr. Vs. Principal, Andhra Medical College, Visakha ...
Court: Andhra Pradesh
Decided on: Dec-01-1988
Reported in: AIR1989AP159
ORDER1. The first petitioner is the son and the second petitioner Chenchu Naidu is the father. The first petitioner sought for and was provisionally admitted in the First Year M.B.B.S. Course on Oct. 9, 1980 as a Scheduled Tribe (Konda Kapu) on the basisof the caste certificate issued by the Tahsildar, Anakapalle on Aug. 7, 1980 and the Transfer Certificate dt. Oct. 3, 1980 issued by the Anakapalle College. The matter was referred to the Director of Tribal Welfare-2nd respondent for enquiry and report about the genuineness of the social status of the first petitioner.2. The petitioners, at the threat of disciplinary action, appeared before the Director of Tribal Welfare on June 24, 1983 and furnished the unattested copy of the report about the caste verification of the second petitioner issued by the District Collector, Visakhapatnam, dt. July 2, 1964 claiming that he is a Konda Kapu (also known as Kondavalu, Kodu Valu and Koyas). Their Tribe has no sub-tribes; their family belongs to ...
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