Andhra Pradesh Court November 1990 Judgments
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H. Bhadur Singh Vs. the Divisional Engineer Andhra Pradesh State Elect ...
Court: Andhra Pradesh
Decided on: Nov-27-1990
Reported in: 1991(2)ALT7
Radhakrishna Rao, J.'1. APSEB is laying a 132 KVDC Line from the existing Chandrayana-gutta-Moulali Line to Imbliban Sub-station near APSRTC Central Bus Depot, Gowliguda. 2. In the above process of the execution, the route of the line is approved through the Survey No. 20. 3. It may be noted that there is no damage to the standing cattle grass on account of the above line being laid. The cattle grass can be continued to be grown in spite of the line being laid over and above Survey numbers. Further, it may be noted that the tower locations of the line in the area are fixed to cross in minimum possible cattle gross area. 4. As per the safety requirement in practice, a distance of about 30 feet on either side of the line is to be made as safety zone. But however the area can be continued for use on agricultural purpose, vehicle movements and for formation of roads etc., as the line is laid with proper required clearance above the ground level.' 1. By the said letter, the petitioner al...
Kalagoana Kista Goud and ors. Vs. the Excise Superintendent and ors.
Court: Andhra Pradesh
Decided on: Nov-27-1990
Reported in: 1991(1)ALT363
ORDERSyed Shah Mohammed Quadri, J.1. The petitioners five in number are TFT licence-holders. They say that seven persons were granted TFT licences. The ration for seven TFT licence holders is 1150 Sendhi treis. It is stated that the maximum trees allowable to each TFT licence holders is 160 and the minimum is 30. The Excise Superintendent, Medak (the 1st respondent herein) is said to have (363) granted TFT licences to 31 persons to open additional counters. The grievance of the petitioners is that by granting TFT licences to 31 more persons the ration of the petitioners is reduced below the minimum and that as the grant of licence in favour of 31 persons affects their rights, notices ought to have been given to them by the 1st respondent before taking the proposed action of reducing their ration. In these circumstances the petitioners seek a writ of Mandamus directing the respondents not to reduce the number of trees allotted to TFT licence holders of Dharmajipet toddy shop.2. The Assi...
Loharn and Steel Industries Ltd. Vs. the Govt. of A.P. Rep. by Its Sec ...
Court: Andhra Pradesh
Decided on: Nov-27-1990
Reported in: 1991(1)ALT424
ORDERP. Venkatarama Reddi, J.1. The petitioner is a registered dealer under the Andhra Pradesh General Sales Tax Act doing business in iron and steel products. The petitioner states that it has a re-rolling mill in Karnataka State, that it purchases tax-suffered steel scrap and ingots within the Stale of Andhra Pradesh, takes the said scrap and ingots to Karnataka and after manufacturing finished products like rounds and flats at its re-rolling mill, brings the said finished products to Andhra Pradesh and sells them within the State of A.P. On the basis of representations from re-rollers and traders, the State Government of Andhra Pradesh issued certain notifications under Section 9 of the APGST Act meant to minimise the burden of taxation on the finished products of iron and steel derived out of the tax-suffered raw-material such as scrap and ingots. The petitioner stands excluded from the application of those notifications by reason of the fact that it has no re-rolling mill in the S...
Edupuganti Ramulu Vs. State of Andhra Pradesh, Rep. by the Public Pros ...
Court: Andhra Pradesh
Decided on: Nov-23-1990
Reported in: 1991(1)ALT150
ORDERBhaskar Rao, J.1. This is a revision filed by A-1 against the order of Addl. Sessions Court, Eluru, in Crl. A. No. 144/88 rejecting return of money recovered from him while acquitting him of the offence under Section 411 I.P.C. by allowing his appeal.2. The brief facts necessary for disposal of this revision are : One Subba Rao, examined as P.W. 1, made a complaint to the police alleging that his money, to a tune of Rs. 33,000/-, was committed theft of on 4-5-85 at about 8-30 p.m. when it was kept in a bag left to the cycle of P.W.1 The police during the course of investigation arrested A-2 on 4-6-85 and recovered Rs. 1,200/- from him in pursuance of a confessional statement made by him. In his confessional statement, A-2 involved A-1 and A-3. Therefore, A-1 was also arrested and an amount of Rs. 10,000/-was recovered from him. Thereafter all the three accused were tried for the offence under Section 411 I.P.C. The trail Court convicted all the three accused under Section 411 I.P....
S.S. Zaffar Vs. Labour Court, Hyderabad and ors.
Court: Andhra Pradesh
Decided on: Nov-21-1990
Reported in: (1992)ILLJ653AP
Sardar Ali Khan, J. 1. This writ appeal is directed against the order passed by a learned single Judge in W.P. No. 12807 of 85, dated October 31, 1988, confirming the order of the Labour Court in S.A. No. 21/84 dated October 8, 1985. 2. It would be in the fitness of things to narrate a few salient facts to high-light the controversy arising in the matter. 3. The petitioner prayed for the issue of a writ of certiorari or any other appropriate writ or direction and to quash of the 1st respondent-Labour Court passed in S.A. No. 21/84 dated October 8, 1985. He also prayed for a consequential direction to the Anglo-French Drug Co. (Eastern) Ltd., 3rd respondent-employer to reinstate him into service with full back wages and other attendant benefits in accordance with the order of the 2nd respondent, the authority under Section 41 of the A.P. Shops and Establishments Act (Act 15 of 1966), herein after referred to as 'the Act' passed in S.E. No. 174/83. 4. The undisputed matrix of facts is as...
G. Sundara Babu Vs. Smt. Udaya Bhanu and anr.
Court: Andhra Pradesh
Decided on: Nov-21-1990
Reported in: 1991(1)ALT49; II(1991)DMC211
Bhasker Rao, J.1. This petition is filed to quash the proceedings in M.C. No. 1/89 and also in Crl. M.P. No. 220/90 on the file of the II Additional District Munsif Magistrate Tirupathi.2. The facts of the case are that the petitioner-husband married the respondent on 18-9-1983 at Tiruchanoor, Tirupathi according to the Hindu Customs and Rites. Thereafter, they lived together at Madras at the petitioner's house. Later, the respondent gave birth to a child in her parents' house at Tirupathi on 4-11-1984 and the said child died on 5-11-1984. Since then, the respondent has been living at her parents' house at Tirupathi. The petitioner made several attempts to get the respondent back to his house at Madras, but in vain.3. On 25-11-1987, the petitioner filed O.P. No. 194/88 in the City Civil Court, Madras for restitution of conjugal rights Under Section 9 of the Hindu Marriage Act. The said O.P. was transferred to the file of the Principal Family Court; Madras and renumbered as O.P. No. 180...
The Institute of Chartered Financial Analysts of India, a Society Regi ...
Court: Andhra Pradesh
Decided on: Nov-21-1990
Reported in: 1991(1)ALT87
ORDERRadhakrishna Rao, J.1. The Institute of Chartered Financial Analysts of India, a Society registered under the A.P. (Telangana Area) Public Societies Act, 1350 Fasli represented by its Registrar, and 16 others who are members of the said Society and members of Institute of Chartered Accountants of India, filed this writ petition challenging the Notification dated 3rd August, 1989 and the Explanatory Statement issued by the Council of the Institute of Chartered Accountants of India, the first respondent herein, as unauthorised, invalid and unenforceable and violative of Articles 14 and 19 of the Constitution of India.2. The impugned Notification reads as follows:'NOTIFICATION(Chartered Accountants)August 3, 1989.No. 1-CA (7)/9/89;-In exercise of the powers conferred by Clause (ii) of Part II of the Second Schedule to the Chartered Accountants Act, 1949, the Council of the Institute of Chartered Accountants of India hereby specifies that a member of the Institute, whether in practice...
Avadhesh Alloys Limited, Bollaram, Jinnaram Mandal and ors. Vs. A.P.S. ...
Court: Andhra Pradesh
Decided on: Nov-21-1990
Reported in: 1991(1)ALT75
ORDERRadhakrishna Rao, J.1. The point involved in all these writ petitions is the same and hence they can be disposed of by common order.2. The petitioners are all Private and Public Limited Companies having their factories at various places in Andhra Pradesh and they are consumers of electrical energy being supplied by the Andhra Pradesh State Electricity Board ('the Board' for short). The petitioners in all these writ petitions challenge the action of the Board in negativing their request for the supply of additional load to their respective industries.3. Due to failure of monsoon affecting the generation of power on the one hand and the steep increase in the demand by way of giving connection to new industries on the other, put the State Electricity Board in crisis creating a gap between the demand and the generation. In view of this precarious power position, the Board in consultation with the Industries Department of the State Government had identified certain industries, which re...
Arumakonda Prasad Vs. Dwarampudi Veera Venkata Rama Reddy and anr.
Court: Andhra Pradesh
Decided on: Nov-21-1990
Reported in: 1991(1)ALT20
ORDEREswara Prasad, J.1. The petitioner sought to be impleaded as the 2nd defendant in a suit filed by the first respondent against the 2nd respondent for specific performance of an agreement of sale said to have been executed by the 2nd respondent in favour of the first respondent. The said petition was dismissed by the court below and the petitioner has filed the present revision against the said order.2. The first respondent filed the suit for specific performance of an agreement of sale said to have been executed by the second respondent. The petitioner sought to be impleaded as a party to the suit on the ground that the 2nd respondent executed a registered mortgage deed in respect of the said property in his favour. The Court below dismissed the application holding that the petitioner is neither a proper nor a necessary party to the suit. The learned counsel for the petitioner relied on Razia Begum v. Anwar Begum, : [1959]1SCR1111 Khaja Abdul Khader v. Mahabub Saheb, 1979(2) An.W....
A. Seshagiri Rao, Branch Secretary APSRTC, National Mazdoor Union, Gun ...
Court: Andhra Pradesh
Decided on: Nov-21-1990
Reported in: 1991(1)ALT389
ORDERRadhakrishna Rao, J.1. This petition is filed for the issue of a writ of mandamus declaring the action of the 1st respondent in refusing to refer the dispute raised by the petitioner to the Labour Court for adjudication as arbitrary, illegal and without jurisdiction, and to issue a consequential direction to the 1st respondent to refer the dispute to the Labour Court for adjudication.2. The impugned order reads as follows :'........The Government considers that the above dispute does not merit reference for adjudication since the punishment inflicted by the Management on the workmen was to ensure discipline in the industry'.3. The first respondent took the view that the punishment inflicted by the Management was to ensure discipline in the industry and if so, no reference is called for. It may however be noticed that the petitioner herein was inflicted with certain punishment, and to seek an adjudication whether the punishment so imposed by the Management was justified or not, the...
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