Andhra Pradesh Court February 1994 Judgments

J. Bhasker Vs. Chairman, Agriculture Marketing Committee, Ghanpur and ...

Court: Andhra Pradesh

Reported in: 1994(1)ALT662

ORDERB. Subhashan Reddy, J. 1. This Writ Petition is filed seeking directions to the respondents to allow the petitioner to appear for test and interview for selection to the post of Attender without insisting that he should be sponsored by the employment exchange. In the writ petition, the emphasis is on the past service, though temporary. But, temporary service is not an in-cadre service and that does not give any right to the post. Necessarily, the petitioner has got to be selected on regular basis. For that, he has to participate in writing test and also interview. For participation in the test and consequent interview, the petitioner needs to be sponsored by the employment exchange. That is what was insisted upon by the respondents. The Respondents are the authorities under the Andhra Pradesh Agricultural (Produce and Livestock) market Act, 1966. Aggrieved by the said demand of the respondents that the petitioner should be sponsored by the employment exchange so as to be considere...

S. Moosa Ali Hashmi Vs. the Secretary, A.P. State Electricity Board

Court: Andhra Pradesh

Reported in: 1994(1)ALT236

ORDERImmaneni Panduranga Rao, J.1. The petitioner was appointed as a Lineman in Andhra Pradesh State Electricity Board (hereinafter referred to as 'the respondent' or 'the Board') on 19-2-1958. He was promoted as Line Inspector in 1960 and was further promoted as Supervisor in 1968. Subsequently the post of Supervisor was re-designated as Additional Assistant Engineer. On 31-8-1976 the petitioner applied for leave to proceed to Haj pilgrimage. By memo dated 21-9-1976, he was granted leave with effect from 4-10-1976. The petitioner obtained the Haj pilgrimage Passport and proceeded to Mecca.2. The petitioner's case is that after returning from Haj pilgrimage, he fell ill and applied for extension of leave from time to time upto 14-4-1981; that on 15-4-1981 he asked for posting order; that the respondent did not respond to that letter; that on 17-11-1982 the respondent appointed a Divisional Engineer (Operations) as Enquiry Officer; that on 6-12-1982 the Enquiry Officer issued a charge m...

Municipal Council, Warangal Municipality Vs. A. Sambaiah

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. Inspite of adjourning the case theCounsel for the appellant is not present. We have gone through the records. The latest analysis Ex. X3 report by the Regional Public Health Laboratory shows, Floride content was 1.6 mgs. per litre, as against the maximum permissible limit is 1.5 mgs. per litre. This report is dated 21.1.91. The earlier reports Exs. B1and B2 show that the Floride content was less that 1.5 mgs. per li tre, bu t they are the reports of the year 1989 and 1990. We are therefore inclined to place reliance on latest report Ex. X3. According to the Ex. X3 the Floride content is more than the permissible maximum of 1.5 mgs. Evidently the water is harmful for the people who drink. The case of the municipality is that the said water is being supplied to the locality, not through taps, but from a particular point. The District Forum therefore, rightly placed reliance on the latest report Ex. X3. We, therefore, not inclined to interfere with the ...

Kunala Subbarao and anr. Vs. Padam Nagaratnayamma

Court: Andhra Pradesh

Reported in: 1994(2)ALT1

S. Parvatha Rao, J.1. These two appeals arise out of two connected suits which were disposed of by a common judgment dated 26-8-1982 by the learned Subordinate Judge at Kovvur. A.S.No. 2269 of 1982 is preferred by both the defendants against the judgment and decree in O.S.No. 65 of 1976 on the file of the learned Subordinate Judge who partly allowed the said suit. A.S. No. 162 of 1982 was preferred by the unsuccessful plaintiff in the District Court of West Godavari against the judgment and decree in O.S. No. 46 of 1978 on the file of the learned Subordinate Judge, and the same was transferred to this Court as per order dated 16-12-1983 in Tr.C.M.P. No. 6896 of 1983 to be heard along with A.S. No. 2269 of 1982. That is how these two appeals are heard together and are now being disposed of by a common judgment.2. The parties to the two suits are common and the suits arise out of the same transaction. It is convenient to refer to the parties as arrayed in the suits. The plaintiff in the ...

Suresh Gir Vs. K. Sahadev

Court: Andhra Pradesh

Reported in: AIR1994AP283

ORDER1. This revision petition is directed against the order dated 6-9-1993 passed by the Chief Judge, City Small Causes Court, Hyderabad in R. A. No. 235 of 1993 confirming the order dated 29-3-1993 passed by the III Additional Rent Controller, Hyderabad in R. C. No. 773 ofl991.2. Before the Rent Controller, in R.C. No. 773/-1993 an application under Section 4 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (hereinafter referred to as 'the A.P. Rent Control Act') was filed by the respondent-landlord seeking fixation of fair-rent for the demised premises. The matter was contested by the petitioner-tenant on the ground that this Court in the decision in Md. Ataur Rahman Khan v. Md. Kamaluddin Ahmed, 1987 (1) ALT 216 held that Section 4 of the A.P. Rent Control Act is opposed to Article 14 of the Constitution of India and was, therefore, held as unconstitutional. In view of the said decision, it was contended that the application under Section 4 is not mainta...

Dr. Sr. Y. Philomena, Principal and Correspondent, St. Ann's College f ...

Court: Andhra Pradesh

Reported in: 1994(1)ALT327

ORDERV. Sivaraman Nair, J.1. Petitioner was the Principal of St. Ann's College for Women, Mehdipatnam. She was also correspondent of other colleges of the St. Ann's Convent Society. By order dated 15th and 16th September, 1993, the 16th respondent acting through the 10th respondent, placed the petitioner under suspension from the post of Principal in the former and as correspondent in the latter order. Petitioner Challenges those orders. The reliefs which she seeks in the Writ Petition are-1. A declaration that she is entitled to function as Principal and Correspondent of St. Ann's Degree College for Women, Mehdipatnam and as Correspondent of St. Ann's junior Colleges.2. A declaration that respondents 1 to 6 can transact any matter relating to St. Ann's Colleges with no one except the petitioner in her capacity as Principal and Correspondent of the above colleges and that they should ignore all representations, reports or communications sent to them by any of the respondents 7 to 14 cl...

Labhala Samanthakamani Vs. the Court of District Munsif and ors.

Court: Andhra Pradesh

Reported in: 1994(1)ALT530

ORDERB. Subhashan Reddy, J.1. Having heard Mr. M. Ravindranath Reddy, the learned Counsel for the petitioner and also Ms. M. Vidyavathi, the learned Counsel for the respondents 3 and 4 at length, I am of the considered view that this writ petition can be disposed of even at this stage and both the learned counsel have agreed that the writ petition itself be disposed of as the arguments have been advanced in extcnso even touching upon the terms of the family arrangement.2. One Mr.L. Dharma Saliu was having four pucca stage carriage permits. He died on 21-2-1993 intestate leaving behind him three sons and heirs of a predeceased son namely Dayanidhi. The writ petitioner L. Samanthakamani is the wife of the said Dayanidhi. After the death of Dharma Sahu, under family arrangement dated 15-4-1993, the routes were distributed among the four branches. The branch of Dayanidhi represented by the writ petitioner got the route Ichhapuram to Srikakulam. Pursuant to the family arrangement, respectiv...

Awari Devanna Vs. Divisional Co-operative Officer

Court: Andhra Pradesh

Reported in: AIR1994AP357; 1994(1)ALT363

ORDER1. Heard the learned counsel for the petitioner and the learned Government Pleader for Co-operation.2. This writ petition arises under Andhra Pradesh Co-operative Societies Act, 1964 (hereinafter referred to as 'the Act'). The order dated 10-1-1994, passed by the respondent, i.e., the Divisional co-operative, Officer, Nizamabad, is impugned, as by the said order, the elected Managing Committee is held to have ceased to-be in office for the violation of the Statutory provision contained under sub-section(1) of Section 32 of the Act. In fact, the impugned order is passed not only under Section 32(1)(1A), but also under Section 21AA(4) of the Act. The committee was elected in the year 1992 for a period of three years and that will expire only in the year 1995. Several grounds are stated in support of the impugned order, namely.'(1) That the President has misutilised the funds of the society to the tune of rupees one lakh for his personal gain by drawing amounts as and when required b...

Grandhi Sri Pavana Krishna Murthy Being Minor Rep. by His Father and N ...

Court: Andhra Pradesh

Reported in: 1994(1)ALT290

ORDERB. Subhashan Reddy, J.1. The only point for determination in this case is whether the exemption granted for appearing in school final examination i.e., S.S.C. will also enure to the benefit of further studies. I am of the considered view that any exemption granted will enure to the benefit of candidate only for that particular examination, but the same cannot be extended to other studies or for taking up other career. In the instant case, the petitioner seeks for admission into first year of the medical course which is preceded by the entrance examination in that regard. The cut-off date is 31st December of the year of admission and the minimum age prescribed is 17 years while the maximum age is 22 years. Sri S. Satyanarayana Prasad vehemently contends that his client i.e., the petitioner is a very extraordinary student, and as such, he could complete his S.S.C. examination even before the attainment of 15 years, which was the age prescribed for taking S.S.C. Examination. His cont...

C.W.C. Wines (P) Ltd. and ors. Vs. State of Andhra Pradesh and ors.

Court: Andhra Pradesh

Reported in: [1994]93STC455(AP)

S. Dasaratharama Reddy, J.1. The petitions who are dealers in Indian Made Foreign Liquor at various places in the State seek a writ prohibiting the respective Commercial Tax Officers from levying and collecting turnover tax under section 5-A of the Andhra Pradesh General Sales Tax Act, 1957 (APGST Act), for short 'the Act' as introduced by APGST (Amendment) Act 13 of 1993 on the turnover of liquor on which, tax has been levied at the preceding point of sale, by declaring such levy as illegal, arbitrary and violative of article 14 of the Constitution of India. 2. Under the Sixth Schedule read with section 5 of the Act, all liquors other than toddy and arrack are taxable at every point of sale other than at the point of last sale in the State at 25 per cent and at the point of last sale at the rate of 5 per cent. But under the proviso, in the case of any point of sale other than the first sale or last sale, the turnover will be arrived at by deducting the turnover of such goods on which ...