Andhra Pradesh Court July 1995 Judgments
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Andhra Pradesh State Electricity Employees Union and anr. Vs. Commissi ...
Court: Andhra Pradesh
Decided on: Jul-21-1995
Reported in: 1995(2)ALT666; [1996]85CompCas625a(AP); (1996)ILLJ939AP
ORDERS.R. Nayak, J.W.P. No. 20642 of 1994 1. The petitioner in W.P. No. 20642 of 1994 is the Andhra Pradesh State Electricity Employees Union bearing Registration No. 1104. In this writ petition it has called in question the validity and legality of the action of the second respondent-Andhra Pradesh Electricity Board, for short, the Board, dated 22-10-1994 according recognition to the respondents 3 and 4 Unions, namely, the Andhra Pradesh State Electricity Board Employees Union and Telugu Nadu Vidyuth Karmika Sangh. Writ Petition No. 21744 of 1994 is field by the United Electricity Employees Union calling in question the validity of the order dated 31-10-1994 passed by the Chief Returning Officer and Joint Commissioner of Labour, Government of Andhra Pradesh, rejecting its claim to participate in the verification ballot to find out the Union enjoying the support of majority of workmen. 2. Few facts which are necessary to be noted for the purpose of disposal of these two writ petitions ...
Radhika Thirumalai A. Vs. Hindustan Aeronautics Limited
Court: Andhra Pradesh
Decided on: Jul-21-1995
Reported in: 1995(2)ALT699
ORDER1. Common law does not oblige an employer to provide appointment to the dependents of a deceased employee. Even the Constitution of India does not specifically oblige any employer to provide compassionate appointments to the legal heirs or the dependents of the deceased employees. In other words, no dependent of an employee who dies in harness can claim compassionate appointment as a matter of right unless a scheme is framed by the concerned employer either under a Statute or in exercise of its executive or administrative power providing such appointments. However, in consonance with the concept of Welfare State, in recent times, the employers both in private and public sectors have evolved schemes providing for compassionate appointments to the legal heirs and the dependents on account of the untimely death of an employee in harness. Accordingly, in the present case the management of the respondent company had evolved a scheme by way of an executive act providing for compassionat...
Master Kartik Being Minor Rep. by His Father and ors. Vs. A.P. State E ...
Court: Andhra Pradesh
Decided on: Jul-21-1995
Reported in: 1996(1)ALT299
ORDERP. Ramakrishnam Raju, J. 1. The first petitioner is the minor son of petitioner Nos. 2 and 3 who is studying 5th class. On 11-1-1994 he came into contact with a live overhead 11000 Volts high voltage electric line passing adjacent to their neighbour's house, the second respondent herein, due to which he suffered severe burns. He was admitted into CDR Hospital immediately, but on account of those burns elbow of the right hand and below knee of the right leg were amputated. The building in which the accident occurred was in existence for over a decade and the H.T. Line in question was installed about one and half years back. The requirement relating to installation of overhead lines is set out in Chapter VIII of the Indian Electricity Rules, 1956 framed under, Section 37 of the Indian Electricity Act, 1910. Sub-rule (2) of Rule 80 of the said Rules prescribes that the horizontal clearance between the nearest conductor and any part of the building shall be at least 1.2 metres or 48'....
Puvvada Nageswara Rao and ors. Vs. the Land Acquisition Officer and Re ...
Court: Andhra Pradesh
Decided on: Jul-21-1995
Reported in: 1996(1)ALT37
ORDERB. Subhashan Reddy, J. 1. This letters patent appeal arises out of the judgment of the learned single Judge arising under the Land Acquisition Act 1894. Land of the claimants was acquired and, of course, there was a dispute with regard to the extent of the land - whether it was Acs. 12-50 cents as claimed by the appellant-claimants or Acs. 9-30 cents. It was held that the land acquired was Acs. 9-30 cents and, as such, notification in that regard was issued. We take it that the land acquired was Acs. 9-30 cents. Section 4(1) notification was gazetted on 16-9-1978. Possession was taken over on 20-11-1978. The Land Acquisition Officer rendered the award on 27-3-1981 and determined the compensation at the rate of Rs. 17,000/- per acre. Dissatisfied with the same, reference under Section 18 was sought for and the Civil Court answering reference by its award on 29-2-1984 enhanced the compensation to Rs. 30,000/- per acre. The appellants not satisfied with the same, have preferred A.S. ...
The Superintending Engineer and anr. Vs. International Constructions C ...
Court: Andhra Pradesh
Decided on: Jul-21-1995
Reported in: 1996(2)ALT572
P. Venkatarama Reddi, J.1. The revision petition and the miscellaneous appeal filed by the Superintending Engineer and the Executive Engineer, Nagarjunasagar Left Canal Division arise out of the judgment in O.S.No. 153 of 1982 and O.P. No. 411 of 1982 respectively on the file of the Addl. Chief Judge-cum-First Addl. Special Judge for SPE Cases, Hyderabad. CS.No. 153 of 1982 was filed by the arbitrators Under Section 14 of the Arbitration Act (hereinafter referred to as the Act') to record the award passed by them on 15-2-1982 and to make it a Rule of the Court. O.P.No. 411 of 1982 was filed by the appellants herein Under Sections 30 and 33 of the Act objecting to the award passed on various grounds. By the award, the panel of arbitrators awarded an amount of Rs. 3,30,200/- in lumpsum with interest at 10% per annum payable from the date of the award. The objections filed against the award were overruled by the trial Court and a decree was passed in terms of the award subject to the redu...
G. Venkata Narasaiah Vs. G. Lakshmi Kantaiah (Died) and ors.
Court: Andhra Pradesh
Decided on: Jul-21-1995
Reported in: 1995(3)ALT605
ORDERB. Subhashan Reddy, J.1. This Letters Patent Appeal raises important point for determination by us. The question involved is as to whether interest is leviable on the usufructuary mortgage even if the possession is not delivered to the mortgagee.2. Mortgagee is the appellant before us. He had laid O.S.No.8 of 1979 in the Court of the District Judge, Khammam for recovery of Rs. 11,000/- lent on mortgage together with interest of Rs. 15,840/- as on the date of the suit. The interest was calculated at the rate of 12% per annum and he even claimed future interest from the date of suit till payment. The suit was decreed against the mortgagor-defendant and a charge was created on the immovable property for the recovery of the amount. The defendants had appealed to this Court in A.S.No.375 of 1980 raising two-fold contention, namely, (1) that the debt of Rs. 11,000/- even though was true, was discharged; and (2) that inasmuch as there was no stipulation for payment of interest, the inter...
Commissioner of Income Tax Vs. Telangana Spinning and Weaving Mills Lt ...
Court: Andhra Pradesh
Decided on: Jul-20-1995
Reported in: (1996)134CTR(AP)346; [1996]86TAXMAN93(AP)
Syed Shah Mohammed Quadri, J. 1. On the application of the Revenue, filed under s. 256(1) of the IT Act, 1961 (for short 'the Act'), the Tribunal referred the following questions of law to this Court, viz. : '(1) Whether, on the facts and in the circumstances of the case, the Tribunal is correct in law in holding that credit balance of Rs. 23,32,377 appearing on the liabilities side of the balance sheet of the distillery unit of the assessee should not be deducted in computing capital for purposes of allowing deduction under s. 80J in the case of the assessee for the asst. yr. 1981-82 (2) Whether, on the facts and in the circumstances of the case, the Tribunal ought to have held that the capital employed in the distillery unit of the assessee should be computed after ascertaining the amount of borrowed funds diverted by the head office to the distillery unit of the assessee and deducting such borrowed funds under s. 80J(1A) for arriving at the capital employed in the distillery unit ?...
Yamsani Janamma Vs. Yamsani Veeresham
Court: Andhra Pradesh
Decided on: Jul-20-1995
Reported in: I(1996)DMC654
P. Venkatarama Reddi, J.1. This appeal is filed against an order in OP 217 of 1983 (on the file of the Subordinate Judge, Karimnagar) granting divorce to the parties under Section 13(1 A)(ii) of the Hindu Marriage Act. Section 13(1 A)(ii) provides for the dissolution of the marriage by a decree of divorce if there has been no restitution of conjugal rights for a period of one year or upwards after the passing of a decree for restitution of conjugal rights. The decree for restitution of conjugal rights was passed on 28.1.1981. Exhibit Al is the certified copy of the decree in OP 146 of 1980 on the file of the Subordinate judge, Karimnagar, granting the decree for restitution of conjugal rights. On the ground that there was no resumption of marital relations after the said decree for more than two years, the present OP was filed in March, 1983. The wife (appellant herein) filed a counter stating that the husband (respondent) did not make any efforts to take her back after the decree was ...
Mayuri Granites Rep. by R.D.K., Aditan Vs. Venkateswara Granites Rep. ...
Court: Andhra Pradesh
Decided on: Jul-20-1995
Reported in: 1995(2)ALT591
Y.V. Narayana, J.1. The plaintiff in O.S. No. 21 of 1995 on the file of the learned Subordinate Judge, Warangal filed this Appeal against the order dated 16-5-1995 made in I.A. No. 294 of 1995 in C.M.A. No. 2 of 1995 by the learned Vacation Civil Judge (Addl. District Judge), Warangal.2. The facts of the case, in brief, are as under: The plaintiff filed the suit for permanent injunction in respect of Ac. 12-00 in S.No. 132 of Keshavapur village, Duggondi Mandal, Warangal District. The plaintiff claims to be the tenant of the respondent under lease agreement dated 21-11-1992 in respect of the said land. The respondent denied about the existing of the lease in favour of the plaintiff in respect of the said land. The trial Court, after hearing both sides, granted temporary injunction in respect of Ac. 3-00 only out of Ac.12-00 and refused to grant injunction in respect of remaining Ac.9-00. Aggrieved by the same the plaintiff carried the matter in appeal. In appeal CMA No. 2/95, the plain...
The Union of India (Uoi), Rep. by General Manager, South Central Railw ...
Court: Andhra Pradesh
Decided on: Jul-20-1995
Reported in: 1995(3)ALT451
B.S. Raikote, J.1. This appeal is preferred by the South Central Railway by its Officers being aggrieved by the judgment and order passed by the III Additional Judge, City Civil Court, Hyderabad, dated 22nd November, 1994 in O.S. No. 97 of 1991. By the impugned judgment, the suit was decreed by appointing Sri M. Markandeya, retired District Judge as sole arbitrator to settle the disputes arisen between the parties to the suit agreement.2. The present appellants were the defendants in the suit. The learned Counsel for the appellants contended that the impugned judgment and decree are illegal, contrary to the arbitration clause. On the basis of the conditions stipulated in the agreement which was entered in to between the appellants and the respondent contractor. The present dispute could not have been referred to the arbitrators. On the other hand, the learned Counsel for the respondent contractor strenuously supported the impugned, judgment and decree.3. In order to appreciate the riva...
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