Andhra Pradesh Court April 1994 Judgments
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J. Nageswara Rao Vs. the Chairman-cum-managing Director, Visakhapatnam ...
Court: Andhra Pradesh
Decided on: Apr-25-1994
Reported in: 1994(2)ALT162
ORDERT.N.C. Rangarajan, Adv.1. This writ petition seeks to quash the order of removal passed by the disciplinary authority, and for a declaration that the petitioner is entitled to be reinstated as a supervisor in the Visakhapatnam Steel Plant.2. The petitioner was initially appointed in Hindustan Steel Limited on 29-7-1967 and later transferred to the Visakhapatnam Steel Plant on 23-10-1980. Since 8-8-1984, he had been working in Jaggayyapeta Lime Stone Quarry, a unit of Visakhapatnam Steel Plant. On 8-5-1986, he was elected as the General Secretary of the Mines Employees Union at Jaggayyapet. Thereafter, he made certain complaints on 17-10-1986 to the Secretary, Steel and Mines, as well as the Prime Minister regarding the misuse of the public funds of the plant, and also filed writ petition No. 16849 of 1988 as a public interest case. On 12-12-1989, he resigned the post of General Secretary of the Employees Union. On 17-2-1990, a complaint was made by Sri V. Ravi Kumar, and on 19-2-1...
A.P.S.R.T.C. Represented by Its General Manager, Hyderabad Vs. B. Kris ...
Court: Andhra Pradesh
Decided on: Apr-23-1994
Reported in: I(1996)ACC277; 1995ACJ983; AIR1995AP65; 1994(2)ALT338
ORDER1. In a collision that took palce on 15-7-1983 at 7.45 p.m., between the bus bearing No. APZ 8566 belonging to A.P.S.R.T.C. (for short 'the RTC') and a car bearing No. AAC.8114, the driver of the car died instantaneously. He was aged 24 years, unmarried and left behind him his elder brother aged 30 years and elder widowed-sister aged 34 years. The brother and sister of the deceased claimed compensation of Rs. 1,00,000/- (Rs. 85,000/- towards loss of dependency, Rs. 10,000/- towards loss of expectation of life and Rs. 5,000/- towards mental agony, grief and suffering) allegingrash and negligent driving by the driver of the RTC. The RTC opposed the claim denying rash and negligent driving by its driver. The RTC also contested that the claimants being neither dependents nor the legal representatives of the deceased are not entitled to compensation. It has also challenged the amount claimed as excessive.2. The Tribunal found that the accident occurred due to rash and negligent driving...
T. Balaiah Vs. Abdul Majeed and Another
Court: Andhra Pradesh
Decided on: Apr-23-1994
Reported in: AIR1994AP354; 1994(2)ALT435
In an accident that took place on 22-4-1986 in the early hours at 3 a.m., at Toomukunta on the route Koratla to Hyderabad, the double bullock cart driven by the appellant was hit by bus bearing No. AAZ. 6725 belonging to A.P. S.R.T.C., (for short 'the RTC). According to the appellant, the accident was caused due to the rash and negligent driving of the bus by its driver and was injured in his head, back and right hand and the two bulls died and the cart was damaged. The appellant claimed Rupees 50,000, towards compensation comprising of Rs. 19,000/- towards pain and suffering, loss of pleasure and amenities of life; Rs. 10,000/-towards loss of future earnings; Rs. 14,000/-towards compensation for bulls and cart; Rs. 1,000/- towards damages to clothing and watch; Rs. 4,000/- for extra nourishment; Rs. 500/- towards transport to hospital and Rs. 1,500/- towards loss of past earnings. The RTC opposed the claim saying that in the bullock cart, a crane of heavy weight was being carried, pro...
G. Chandrakanth Vs. Guntur Dist. Milk Producers' Union Ltd.
Court: Andhra Pradesh
Decided on: Apr-23-1994
Reported in: 1994(2)ALT253; (1995)ILLJ668AP
ORDERS.R. Nayak, J. 1. This writ petition is directed against the proceedings culminating in the impugned order bearing proceedings No. 3752/A1/2-91 dated 5-8-1992 removing the petitioner from the services of the Guntur District Milk Producers' Co-operative Union Limited. Vadlamudi. 2. When the petitioner was working as Assistant Manager (Stores) in the office of the Sangam Dairy, Guntur district he was charged with certain misconducts under the relevant Bye-laws by issuing a charge memo dated 27-11-1991. The Management, not being satisfied with explanation offered by the delinquent petitioner proceeded to hold the delinquent petitioner proceeded to hold departmental enquiry against the petitioner. Accordingly, the disciplinary authority appointed an advocate as enquiry officer on 18-1-1992. The Enquiry Officer held an enquiry and submitted his report to the Disciplinary Authority on 6-5-1992. After receipt of the enquiry report the Disciplinary Authority issued final show cause notice...
M. Chenchu Rami Reddy Vs. General Court Martial of Ex-army Eme Centre ...
Court: Andhra Pradesh
Decided on: Apr-23-1994
Reported in: 1994(2)ALT68; 1994(2)ALT(Cri)103
ORDERJ. Eswara Prasad, J.1. The petitioner joined the Indian Army on 29-9-1975 and he was serving as Sepai/Clerk (GD) in the combined work shop, EME Centre, Secunderabad. He applied for casual leave for 20 days on 12-5-1988 and did not report to duty by 31-5-4988 when the leave expired. The petitioner was apprehended on 20-9-1988 by the Civil Police and was handed over to the Army authorities. The General Court Martial was convened on 10-9-1990 and the petitioner pleaded guilty of the charges of desertion. The General Court Martial convicted the petitioner and imposed a sentence of 7 years rigorous imprisonment. The petitioner questions the sentence of imprisonment in this writ petition.2. The learned Counsel for the petitioner submitted that subsequent to the filing of the writ petition, the Army Act, 1950 was amended by inserting Section 169A of Army (Amendment) Act, 1992 and in accordance with the said provision, the period during which the petitioner spent in Civil or Military cust...
A. Prabhavathi and ors. Vs. P. Sambasiva Rao and ors.
Court: Andhra Pradesh
Decided on: Apr-23-1994
Reported in: 1994(2)ALT349
ORDERS. Dasaradharama Reddy, J.1. On 26-6-1984, one Atluri Jayapal, when he was going on cycle, was knocked down by lorry bearing No. AAK 5959, owned by the first respondent and insured with the second respondent, on Grand Trunk Road at Martur. He was admitted in Government General Hospital at Guntur where he succumbed to the injuries on 28-6-1984. He left behind his widow, four sons aged 10,7,5 and 2 years and his parents - father aged about 70 years and mother 50 years. The widow and the four minor sons filed claim petition O.P. No. 182 of 1989 before the Motor Accidents Claims Tribunal alleging rash and negligent driving by the driver of the lorry claiming Rs. 75,500 later restricted to Rs. 75,000/- as follows:Loss of future earnings Rs. 50,000Loss of amenities Rs. 5,000Pain and suffering Rs. 5,000Loss of consortium Rs. 10,000General damages Rs. 5,000Damages to cycle Rs. 500They also claimed interest at the rate of 12 per cent per annum from the date of filing of the petition to the...
Madduri Padmavathi Vs. Chintala Abbai
Court: Andhra Pradesh
Decided on: Apr-23-1994
Reported in: 1994(2)ALT477
ORDERSyed Shah Mohammed Quadri, J.1. This C.R.P. is directed against the order of the learned Subordinate Judge, dated July 5,1993 in LA. No. 465 of 1993 in O.S. No. 40 of 1993 on the file of the Subordinate Judge, Peddapuram, granting stay of execution of the decree, obtained by her, in E.P. No. 3/91 in O.S. No. 27/87 on the file of the Sub-Court, Peddapuram.2. Sri Ramachandra Rao, learned counsel for the petitioner, contends that the trial Court acted in excess of jurisdiction in granting stay of sale of plaint schedule property under Section 151 C.P.C. read with Section 94(c) having reached the conclusion that no order could be granted under Order 39 Rule 1 C.P.C. He urges that in view of Section 41(b) of the Specific Relief Act, 1963 no injunction can be granted restraining a person from executing the decree. Sri Subba Rao, learned counsel for the respondent, contends that the decree obtained by the petitioner is a collusive decree and the execution of such a decree will cause inju...
A. Prabhavathi and ors. Vs. P. Samabasiva Rao and ors.
Court: Andhra Pradesh
Decided on: Apr-23-1994
Reported in: 1995ACJ999
S. Dasaradha Rama Reddy, J.1. On 26.6.1984, one Atluri Jayapal, when he was going on cycle, was knocked down by lorry bearing No. AAK 5959, owned by the first respondent and insured with the second respondent, on Grand Trunk Road at Martur. He was admitted in Government General Hospital at Guntur where he succumbed to the injuries on 28.6.1984. He left behind his widow, four sons aged 10, 7, 5 and 2 years and his parents-father aged about 70 years and mother aged 50 years. The widow and the four minor sons filed claim petition O.P. No. 192 of 1984 before the Motor Accidents Claims Tribunal alleging rash and negligent driving by the driver of the lorry claiming Rs. 75,500/- later restricted to Rs. 75,000/- as follows:Loss of future earnings Rs. 50,000/-Loss of amenities Rs. 5,000/-Pain and suffering Rs. 5,000/-Loss of consortium Rs. 10,000/-General damages Rs. 5,000/-Damages to cycle Rs. 500/-They also claimed interest at the rate of 12 per cent per annum from the date of filing of the ...
Andhra Pradesh Tax Bar Association and anr. Vs. Central Board of Direc ...
Court: Andhra Pradesh
Decided on: Apr-22-1994
Reported in: (1994)118CTR(AP)281
The Court 1. Prima facie, we are satisfied that it is a fit case for granting interim stay. When a client engages an advocate, prima facie we are of the view that the relationship of the advocate and the client is not one of contract falling within the ambit of s. 194C of the IT Act. It is an accepted fact that legal profession is not a business. When an advocate receives fees from his client, it is difficult to view it, prima facie, as remuneration received by the advocate pursuant to a contract between him and the client as envisaged in s. 194C of the IT Act. 2. In the circumstances, there shall be interim stay as prayed for....
National Dairy Development Board Vs. Commercial Tax Officer and ors.
Court: Andhra Pradesh
Decided on: Apr-22-1994
Reported in: [1996]100STC287(AP)
M.N. Rao, J.1. An order of assessment made under the Central Sales Tax Act, 1956 on March 14, 1985 is challenged in this writ petition by the National Dairy Development Board. Admittedly, the Central Sales Tax assessment order, dated March 14, 1985, was not challenged by way of an appeal or revision and the assessment order, therefore, became final. 2. In respect of the assessment year 1983-83, there was an agreement between the petitioner and a Calcutta based Corporation called Mother Dairy for supply of 120 tonnes of while butter. The petitioner in turn asked M/s. Guntur District Milk Producers' Co-operative Unite Limited (popularly known as 'Sangam') - fourth respondent herein to supply the same to Mother Dairy, Calcutta. Accordingly, the requisite quantity of white butter was supplied by the fourth respondent to Mother Dairy Calcutta. The case of the petitioner is that when the goods were in transit, documents were transferred in favour of Mother Dairy, Calcutta; consequently, the ...
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