Andhra Pradesh Court June 1989 Judgments
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Dodla Narayana Vs. Velti Reddemma
Court: Andhra Pradesh
Decided on: Jun-28-1989
Reported in: AIR1990AP147
ORDERAmareswari, J.1. This revision arises out of execution proceedings. Petitioner is the judgment debtor. The respondent filed O.S. 125/73 on the file of the District Munsif, Tadepaltegudem for a permanent injunction restraining the petitioner from interfering with his possession of the suit property which is an open land of 1060 sq. yards. The suit was decreed oh 10-12-1974. The appeal by the defendant was dismissed on 6-2-1979- The respondcnt-decree-holder filed E.P. 344/82 and applied for detention of the judgment-debtor under Or. 21 R. 32, alleging that he interferred with the possession of theplaintiff on IO-7-l82. The E.P. was filed on 20-8-1982. By order dated 6-9-1984, the petition- was allowed and an order was passed directing detention of the judgment debtor into Civil Prison. He was sent to prison on 18-9-1984 and was released by the Superintendent, Central Jail afler three months, i.e. after 17-3-1984. Again, the decree-holder filed E. P. 34/85 for arrest of the judgment-...
Hyderabad Allwyn Ltd. Vs. the Addl. Industrial Tribunal, Labour Court, ...
Court: Andhra Pradesh
Decided on: Jun-27-1989
Reported in: (1990)ILLJ434AP
1. Sri Mahboob Ali, the workman, joined the service of the petitioner-company on 11th July, 1943 as a Fitter. By Proceedings dated June 6, 1978, the workman was intimated that he would retire from service with effect from July 11, 1978 on completion of 35 years of full-time service. Questioning the effect thereof, a reference was sought for under Section 10(1)(c) of the Industrial Disputes Act, 1947 (for short, 'the Act'). Ultimately, by Reference dated 2nd December, 1983, the Government referred the dispute to the Industrial Tribunal-cum-Labour Court thus : 'Whether the retirement of Shri Mahboob Ali from service, after completion of 35 years of service, by the Management of Hyderabad Allwyn Metal Works, Sanatnagar, Hyderabad is justified If not, to what relief he is entitled ?' 2. The Industrial Tribunal-cum-Labour Court by Award dated May 27, 1985 in ID. No. 94/83, held that, on the date when the workman entered into the service of the petitioner-company, there was no age of supera...
V. Venkatram Narsaiah and ors. Vs. Warrangal Dt. Scheduled Castes Serv ...
Court: Andhra Pradesh
Decided on: Jun-27-1989
Reported in: (1990)ILLJ255AP
ORDER1. Three petitioners have been appointed on daily wage basis as Section Writers in the first respondent Society. The first petitioner was appointed on 16th August, 1985 and the second petitioner on 18th November, 1985 and the third petitioner on 2nd June, 1986. According to the petitioners, they have all put in two years continuous service and that they were expecting that their services will be regularised. The 2nd petitioner is a graduate and said to know typewriting while the petitioners 1 and 3 have studied upto graduation. During the strike period of the A. P.N.G.G.O's Association in 1986, the 1st petitioner was deputed to work in the Sub-Collector's Office at Parkal, while the second and 3rd petitioners continued to work under the 1st respondent, when other staff members who were on deputation went of strike. Then the petitioners were not permitted to attend to their duties with effect from 14th June, 1988. Therefore they approached this Court contending that there was viola...
Subbaraya Picture Palace Vs. Regional P.F. Commissioner and anr.
Court: Andhra Pradesh
Decided on: Jun-23-1989
Reported in: (1995)IIILLJ196AP
ORDERSyed Shah Mohammed Quadri, J.1. The writ petitioner seeks a writ of certiorari to call for the records relating to the proceedings dated 26-2-1986 in A.P./I3637/ SRO/BUF/GNT 11/86/235/278 of the Regional Provident Fund Commissioner-(II, Guntur and to quash the same.2. The facts may briefly be stated The petitioner is a partnership firm which came into existence on 23-10-1967. The partners of the firm are (I) Alapati Clialapathi Rao and (2) R.V. Narasimita Rao. The said Ala-pati Clialapathi Rao along with his two sons entered into partnership evidenced by partnership deed dated 29-3-1983 and constructed a theatre by name Srinivasa Picture Palace. For purposes of the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (for short 'the Act'), the Area Provident Fund Inspector informed the petitioner to implement the provisions of the Employees Provident Fund and Employees Deposit Linked Insurance Scheme from 1-12-1983 and Employees Family Pension Scheme...
M.L.L. Kumar Vs. the Divisional Manager, A.P.S.R.T.C. Cuddappah and an ...
Court: Andhra Pradesh
Decided on: Jun-22-1989
Reported in: [1989(59)FLR597]; (1990)IILLJ23AP
ORDER1. The petitioner is working as a driver in A.P. State Road Transport Corporation. Adoni Dept in Kurnool district. The petitioner was suspended and chargesheeted in respect of three charges. The charges are as follows : Charge No. 1. For having maintained irregular attendence from January 1984 to March, 1984 to an extent of 154 days which is a serious offence which constitutes misconduct under Regulation 8(xxxi) of the Andhra Pradesh State Road Transport Corporation Employees (Conduct) Regulations. 1963. Charge No. 2. For having caused inconvenience to the travelling public and consequential loss which constitutes misconduct under Regulation 8(xxxii) of the Andhra Pradesh State Road Transport Corporation Employees (Conduct) Regulations, 1963. Charge No. 3. For having rudely behaved with the Divisional Manager, Kurnool, when you are counselled by him, which constitutes misconduct under Regulation 8(xxxii) of Andhra Pradesh Road Transport Corporation Employees (Conduct) Regulations,...
Mohd. Sultan Vs. A.P. Dairy Development Co-operative Federation Ltd.
Court: Andhra Pradesh
Decided on: Jun-22-1989
Reported in: 1992(2)ALT13; (1999)IIILLJ329AP
ORDERK. Ramaswamy, J.1. The petitioner impugned in this writ petition the proceedings dated September 3, 1986, ordering recovery of Rs. 21,361.45 ps. in 142 instalments at the rate of Rs. 150/- per month and Rs. 61.45 ps. for the last 143rd instalment from the salary every month commencing from September, 1986.2. The contention raised on behalf of the petitioner and argued by the learned counsel for the petitioner Sri Vekataramana, is that the recovery is by way of penalty and therefore the authorities cannot recover the amount from the salary without giving any opportunity of hearing which is violative of the principles of natural justice. It is also further contended that though enquiry relating to misconduct was conducted, with regard to the recovery of the amount, there is no express charge.After the report was submitted by the Enquiry Officer, the Disciplinary authority issued a preliminary show cause notice dated March 3, 1984 indicating the provisional conclusion to recover ten ...
A.V. Swami Vs. Industrial Tribunal-cum-labour Court, Warangal and anr.
Court: Andhra Pradesh
Decided on: Jun-21-1989
Reported in: (1991)IILLJ430AP
1. The writ is filed for the issue of a writ of certiorari calling for the record from the first respondent and to quash the award in I.D. No. 141 of 1986, dated April 3, 1987, on the file of the Industrial Tribunal-cum-Labour Court, Warangal, and for a consequential direction to the second respondent to reinstate the petitioner in service with full backs wages and other a attendant benefits. 2. The petitioner, who was working as a conductor in APSRTC, was conducting the bus on the route Jannaram to Nirmal on January 3, 1984, and on a surprise check he was apprehended by the T.T.I.s at stage No. 17 and after spot inspection it was found that he had not issued tickets to 14 passengers. Thereupon, he was given a charge-sheet on January 13, 1984. The petitioner submitted his explanation and an enquiry was conducted and, ultimately, he was removed from service by an order dated April 29, 1984. The petitioner raised an Industrial Dispute and the matter was referred to the Industrial Tribuna...
Wruttembergische Und Badshce Vereinighe Verisicherung Sgeseli Schaften ...
Court: Andhra Pradesh
Decided on: Jun-19-1989
Reported in: AIR1990AP97
ORDERMrs. Amareswari, J.1. The question involved in this revision is whether the suit should be filed at Kakinada or at Madras or in West Germany.2. The plaintiff M/s. Coromandal Crucibles Industries, Samalkot filed the suit in the ' Munsifs Court at Kakinada. The first defendant is an Insurance Company of Germany represented by its Claims Survey Agents in India M/s. P. E. Hardcastle & Company, Bombay. The second defendant is M/s, P.E. Hardcastle & Company, Bombay. Defendant 3 is the owner of the ship, which brought the consignment. Defendant 4 is the agent of the 3rd defendant having his office at Madras. According to the plaintiff, the consignment fell short by 779 Kgs. He therefore, filed the suit against defendants 1 to 4 to make good the loss sustained by them. The defendants raised a plea that the District Munsifs Court, Kakinada has no jurisdiction and the dispute, if any, has to be decided in a court at Germany. According to the defendants, the bill of lading was executed in Ge...
Public Prosecutor, High Court of Andhra Pradesh Vs. Tota Basava Punnai ...
Court: Andhra Pradesh
Decided on: Jun-19-1989
Reported in: I(1990)DMC466
Patnaik, J.1. This appeal is preferred by the State against the acquittal of the respondents, who were accused in Sessions Case No. 52/1988 on the file of the III Addl. Sessions Judge, Guntur. They were prosecuted for committing the murder of Tata Siva Kumari, wife of the 1st accused and for other offences. The 2nd accused is the father and the third accused is the mother of the 1st accused. 2. The prosecution case is that the deceased Tata Sivakumari, aged about 20 years, was married to the 1st accused about three years prior to the date of occurrence i.e. 26-6-1987. At the time of the marriage the father of the deceased agreed to pay Rs. 6000/- towards dowry to the 1st accused and Rs. 500/- as gift to the sister of A-1 and also agreed to give domestic articles including a cot, but he paid only Rs. 2,000/- out of the dowry at the time of marriage and Rs. 500/- to the sister of A-1, promising to pay the balance of dowry amount within one year after the marriage. As the father of the de...
M/S. Premijit theatres, Secunderabad Vs. M/S Rashi Mehata and Co. and ...
Court: Andhra Pradesh
Decided on: Jun-19-1989
Reported in: AIR1990AP272
ORDERAmareswari, J.1. Plaintiff is the appellant. The appeal is against the judgment and decree dt. 19-3-1984 of the First Additional Judge, City Civil Court, Hyderabad dismissing the suit.2. The facts may briefly be stated :The plaintiff-appellant is a Film Exhibitor. The first defendant is a Film Distributor. Second defendant is a partner of the first defendant. The appellant-plaintiff controls the play time of the theatre Farheen 70 M.M. for exhibiting the pictures. They have four other sister concerns. Pramod Enterprises controls Anand Theatre, Pramod Theatres controls Alka Talkies, Pramod Films controls Sobhana Theatre and Pramod Cinemas controls Sri Ramana 70 M.M. theatre respectively.3. The first defendant acquired the rights of distribution for Hindi Motion Picture by name 'Waqt-Ki-Deewar' for the Nizam Circuit Area. The plaintiff, who is the exhibitor, and the first defendant, who is Distributor, entered into an agreement on 4-3-1981 for playing the picture 'Waqt-Ki-Deewar' fr...
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