Andhra Pradesh Court June 1994 Judgments
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Chief Regional Manager State Bank of India, Regional Office, Visakhapa ...
Court: Andhra Pradesh
Decided on: Jun-25-1994
Reported in: 1994(3)ALT230; (1995)IILLJ874AP
Lingaraja Rath, J.1. The question that falls for decision in this appeal is whether an employee after his acquittal by a Court of law from a charge under Section 409 IPC can be made to face a departmental proceeding on the same charge and be inflicted with penalty of removal from service. Respondent was holding the post of Officer-in-charge in the office of the appellant and was put on trial on charge of misappropriation of Rs. 17,185-07 said to have been committed during the period from 16-8-1969 to 21-7-1973. The case ended in conviction, but in appeal to this Court, he was acquitted holding the charges as having not been proved. Thereafter, departmental proceedings were started on two heads of charges the first being that the respondent had misappropriate Rs. 17,185-07 during the period 16-8-1969 to 21-7-1973, and the other being that he had received different amounts for credit to the Savings Bank Accounts at the Sub-Office but did not account for the amounts in those offices. Resp...
S. Alwardas and Others Vs. Govt. of A.P. and Others
Court: Andhra Pradesh
Decided on: Jun-24-1994
Reported in: AIR1995AP71; 1994(2)ALT547
ORDER1. The petitioners are the owners of Ac. 4-00 of land situated in S. No. 100/1A in' Sanivada Village, Gajuwaka Mandal, Visakhapatnam District. A draft notification under Section 4(1) of the Land Acquisition Act -- hereinafter called 'The Act', was published in the Andhra Pradesh Gazette on Nov. 4, 1992. The same was also published in two Telugu daily Newspapers on December 3, 1992 and December 6, 1992. This notification is questioned in this writ petition.2. Sri I. A. Naidu, the learned Counsel for the petitioners mainly contended that although a notification was published in the Gazette under the signature of the Secretary, the same was published in two focal Newspapers by the Special Deputy Collector (Land Acquisition) Steel Plant, Visakhapatnam, who has no authority to publish the same, and therefore, the notification is bad and illegal.3. The notification mentioned above shows that by virtue of the notification issued by the president entrusting Government of Andhra Pradesh th...
New India Assurance Co. Ltd. Vs. Guddi Venkanalla Akkamma and ors.
Court: Andhra Pradesh
Decided on: Jun-24-1994
Reported in: II(1995)ACC55; 1996ACJ814; 1995(1)ALT86; [1995]83CompCas449(AP)
G. Radhakrishna Rao, J.1. This letters patent appeal is filed by the New India Assurance Company Limited aggrieved by the order of the learned single judge passed in A.A.O. No. 1401 of 1986 on August 8, 1991. 2. The facts of the case are that the wife and the children of the deceased one Guddi Venkataiah filed O.P. No. 141 of 1983, on the file of the Motor Accidents Claims Tribunal (District Judge), Nizambad, under section 110A of the Motor Vehicles Act claiming a total compensation of Rs. 1,29,900 on the ground that the deceased, who was travelling in the lorry, bearing No. APL 2454, died when the said lorry met with an accident that took place on January 19, 1983, at 12.30 p.m. near Brahmajiwadi Krishnajiwadi Village, Kamareddi Taluk, due to the rash and negligent driving of the driver of the said lorry. 3. The Tribunal awarded a total compensation of Rs. 33,000 fixing joint and several liability on the respondents therein to pay the said compensation to the claimants. 4. On appeal f...
K. Chandrasekar Vs. Labour Enforcement Officer (Central), Ati Compound ...
Court: Andhra Pradesh
Decided on: Jun-24-1994
Reported in: 1994(2)ALT151; 1994(2)ALT(Cri)151; 1995CriLJ3402
ORDER1. These two criminal petitions are filed under Section 482 Cr.P.C., for quashing the prosecution against the petitioners in S.T.C. Nos. 141 of 1993 and 142 of 1993 on the file of the XXI Metropolitan Magistrate, Hyderabad. 2. Sri. A. Gopal Reddy, learned counsel appearing for the petitioners, who accused 1 and 2 in the two cases, contends that the prosecution of the present petitioners (A-1 and A-2) is misconceived and it is not maintainable in view of the specific provision of the Contract Labour (Regulation and Abolition) Act, 1970. The Labour Enforcement Officer inspected the staff quarters of the Canara Bank and initiated action on the basis of his inspection conducted on 19-9-1992. He found that security guards were employed in the staff quarters through a contractor and thus it violates Notification No. 779 (2), dated 9-12-1976 and hence it amounts to violation of Section 10(1) of the Act. In S.T.C. 142 of 1993 the allegation is to the effect that 31 contract labourers were...
Bollini Bhogeswara Rao and ors. Vs. Palakurthi Ramakrishna Rao
Court: Andhra Pradesh
Decided on: Jun-24-1994
Reported in: 1994(3)ALT240
B.K. Somasekhara, J.1. These two appeals arise out of the judgment and decree in O.S.No. 79 of 1979 on the file of the learned Subordinate Judge, Machilipatnam dated 24-3-1982.2. For the sake of convenience, the parties will be referred to as the plaintiff and defendants as arrayed in the trial Court.3. A.S.No.969 of 1985 was filed by the plaintiff whereas A.S.No. 1731 of 1982 was filed by the defendants. Since the two appeals involve common questions of law and fact, they are heard together and being disposed of by means of this common judgment.4. The suit O.S.No. 79 of 1979 was filed by the plaintiff for the recovery of Rs. 30,880/- on the foot of a promissory note dated 27-6-1973 said to have been executed by the defendants and further based on an equitable mortgage said to have been created by the defendants by deposit of title deeds. The defendants contested the suit. Therefore, during the trial, the plaintiff examined himself as P.W. 1 and examined a witness as P.W.2 whereas the ...
B. Satyam Vs. Secretary, State Transport Authority, Andhra Pradesh, Hy ...
Court: Andhra Pradesh
Decided on: Jun-23-1994
Reported in: AIR1994AP327; 1994(2)ALT385
ORDER1. These two writ petitions between the same parties relate to the same subject-matter and they can be disposed of by a common judgment.2. W.P. No. 778/94 is filed by a stage carriage operator seeking for a writ of mandamus to direct the respondents (Secretary and Asst. Secretary of the State Transport Authority, Hyderabad) to implement the order of the State Transport Appellate Tribunal in A.P. No. 29/93 dated 3-1-1994. The Secretary, State Transport Authority, Hyderabad filed W.P. No. 1654/94 praying for a writ of certiorari to quash the order of the State Transport Appellate Tribunal, Hyderabad in A.P. No. 29/93 dated 3-1-1994. The petitioner in W.P. No. 778/94 and the State Transport Appellate Tribunal are the party-respondents in this writ petition. (The petitioner in W.P. No. 778/94 is referred to hereinafter as 'the petitioner').3. Thus, the legality of the order passed by the State Transport Appellate Tribunal (hereinafter referred to as 'the Tribunal') in A.P. No. 29/93 f...
A. Venkatramaiah Vs. Rashtriya Chemicals and Fertilizers Ltd. and anr.
Court: Andhra Pradesh
Decided on: Jun-23-1994
Reported in: 1994(3)ALT363; (1995)ILLJ619AP
Lingaraja Rath, J.1. The Writ Petitioner is the appellant. Against the judgment of the learned single Judge rejecting his claim for promotion as Senior Field Demonstrator, in the respondent-Organisation with effect from 1-1-1977, this appeal has been preferred. 2. The brief facts of the case are that the appellant was appointed as Field Assistant in the respondent-Organisation on 16-10-1971. Prior to it, he had worked as a Field Man for 5 years in the Agricultural Stations, Government of Andhra Pradesh and Andhra Pradesh Agricultural University. Thereafter, he had worked for 3 years as Field Man on Model Agronomical experiments on ryot fields in West Godavari and Guntur Districts and had also worked for one year as Field Man in Pilot Survey on Pests and diseases on paddy in West Godavari District and came to be appointed in the respondent-Organisation with 9 years of experience, and it is his case that in recognition of his past service, he was granted four advance increments in the ti...
Dr. Mallikharjuna Rao, G.P.A. of Nenumal (Died) Per L.Rs. Kishanchand ...
Court: Andhra Pradesh
Decided on: Jun-22-1994
Reported in: 1994(3)ALT301
Lingaraja Rath, J.1. The claim in these two cases relates to evacuee property allotted to one Nenumal, a displaced person on 26-2-1969 under the provisions of the Administration of Evacuee Property Act, 1950 (referred to hereinafter as '1950 Act'). Even though long years have elapsed yet the dispute between the parties has been kept alive by series of litigations spreading over the period and contested at all the levels including in this Court and the Supreme Court, as also before the executive authorities.2. The facts of the case appear in the judgment under the appeals as also in the previous judgments. We are referring to the facts in brief only to elucidate the discussions to be made hereafter.3. The property originally belonged to one Ghulam Mohd. Qureshi who died in 1943 leaving behind two sons viz., Ghulam Mahamood Qureshi and Naziruddin and his widow Jahangirunnisa Begum. For convenience sake we shall refer to the son Qureshi as the junior Qureshi. After his migration to Pakist...
C.M. Ganapathi Vs. T.K. Gokulapalan
Court: Andhra Pradesh
Decided on: Jun-22-1994
Reported in: 1994(3)ALT578
ORDERG. Radhakrishna Rao, J.1. The appellant herein is the plaintiff in O.S. No. 263 of 1987. He filed the suit against the defendant for recovery of money. Along with the suit he also filed an interlocutory application under Order 38, Rules 1 and 5 of C.P.C., for attachment of properties of the defendant. Further, he filed another interlocutory application for appointing an Advocate-Commissioner for making inventory of the movable property. An Advocate-Commissioner was appointed and he made an inventory and filed his report. While so, the plaintiff filed I.A. No. 355 of 1991 under Order 39, Rule 2-A of the C.P.C. to commit the defendant to civil prison complaining that the defendant had disobeyed the temporary injunction order granted on 25-9-1987. The said application was dismissed. Against this order of dismissal the present appeal is filed by the appellant-plaintiff.2. Temporary injunction was granted on 25-9-1987 restraining the defendant from alienating the movable articles. The ...
Dwarampudi Veeraraghva Reddy and ors. Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Jun-20-1994
Reported in: [1995]98STC109(AP)
Syed Shah Mohammed Quadri, J.1. These four tax revision cases relate to the same assessee and raise common questions and are therefore disposed of by this common order. T.R.C. Nos. 120 and 121 of 1991 deal with the question of assessment whereas T.R.C. Nos. 119 and 122 of 1991 deal with the question of levy of penalty. 2. In these cases the Tribunal found that there had been wilful suppression of the turnover and upheld the action of the authorities in imposing the penalty. The Tribunal also noted that the first appellate authority having considered the facts and circumstances of the case reduced the penalty from five times the tax due, to two times the tax due. Taking the view that the appellate authority had been lenient in reducing the penalty, the Tribunal declined to interfere in the appeal. The orders of the Appellate Tribunal are assailed in these T.R.Cs. 3. Two contentions are raised by Shri S. R. Ashok, learned counsel for the petitioners. The point that was urged before the a...
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