Andhra Pradesh Court August 1995 Judgments
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Association, Registration No. 822 Rep. by Its General Secretary, South ...
Court: Andhra Pradesh
Decided on: Aug-07-1995
Reported in: 1996(2)ALT278
ORDERP.S. Mishra, C.J.1. Employees of a Central Government establishment in the training institute in the city of Hyderabad, it appears, have formed an association and they have come to the Court questioning the actions of the respondents in proceeding to verify the membership of the unions to ascertain who represents the majority union. The Central Civil Services (Recognition of Service Associations) Rules, 1993, inter alia, by an amendment dated 5-11-1993, provide that 'the verification of membership for the purpose of recognition of a service association shall be done by the check off system in pay rolls at such intervals and in such manner as the Government may by order prescribe'. A learned single Judge has dismissed the Writ Petition. It is urged before us in the appeal that Geological Survey is an industry and the employees who satisfy the definition of workman cannot be subjected to the above Rules. Learned counsel has, for the said purpose, drawn our attention to Rule 2 thereo...
A.P. Housing Board Rep. by Regional Housing Engineer (Executive Engine ...
Court: Andhra Pradesh
Decided on: Aug-07-1995
Reported in: 1996(2)ALT247
ORDERNeelam Sanjiva Reddy, J.1. All these Civil Miscellaneous Appeals and Civil Revision Petitions are filed against the orders of V Additional Judge, City Civil Court, Hyderabad, passed on 28-4-1992 in O. Ps. No. 467, 468, 469, 472, 471, 466, 473, 470, 475 and 474 of 1990, These cases can be conveniently disposed of by a common order as the parties are same and the points that arise for consideration are same or similar.2. In all these matters, Andhra Pradesh Housing Board represented by its Regional Housing Engineer (Executive Engineer), Mahabubnagar ('Housing Board' for short) is the appellant or the petitioner, M. Ranga Rao, Contractor ('Contractor' for short) is the first respondent; and Hon'ble Sri Justice K. Punnayya, Retired Judge, High Court of Andhra Pradesh, sole arbitrator ('arbitrator' for short) is the second respondent. The following agreements were entered into between the contractor and the Housing Board for constructing the houses at Nagarkurnool, Mahabubnagar Distric...
Shah Raichand Chaggan Raj and Co. Vs. Commissioner of Income Tax
Court: Andhra Pradesh
Decided on: Aug-04-1995
Reported in: [1996]219ITR321(AP)
Syed Shah Mohammed Quadri, J.1. The question referred to this Court under s. 256(1) of the IT Act, 1961, at the instance of the assessee, reads thus : 'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the closing stock has to be valued at the market price when the firm is dissolved ?' 2. The assessee's accounting year which ended on 7th Nov., 1980 was the previous year for the asst. yr. 1981-82. The assessee, a partnership firm, was dissolved on that day, i.e., 7th Nov., 1980. It valued its closing stock on average cost basis but that was not accepted by the ITO. He assessed the closing stock as per the market rate on the ground that the business was dissolved on the last day of the accounting year. The assessee's appeal to the CIT(A) having failed, it filed second appeal before the Tribunal. By order dt. 23rd April, 1986 the Tribunal dismissed the appeal upholding the view of the ITO as confirmed by the CIT(A). It is from that orde...
V. Murali Krishna Vs. Servel Traders Rep. by Its Proprietor Sri A. Sud ...
Court: Andhra Pradesh
Decided on: Aug-04-1995
Reported in: 1995(2)ALT807
ORDERP. Venkatarama Reddy, J.1. This C.R.P. under Section 22 of the A.P.Buildings (Lease, Rent and Eviction) Control Act (hereinafter referred to as 'the Act') is filed by the landlord of a building bearing No. 1-2-333/B situate at Gagan Mahal Road, Hyderabad. The original owner of the building was one V.S. Ganapathiram who is the father-inlaw of the 2nd respondent herein. The 2nd respondent in his capacity as proprietor of M/ s Servel Traders (1st respondent) took the building on lease on a monthly rental of Rs. 500/- on 26-4-1974. Alleging that there was default in payment of rent and on certain other grounds which it is not necessary to refer to, Sri Ganapathiram filed an eviction petition under Section 10 of the Act which was numbered as R.C.No. 408/85. The filing of this Rent Control case was preceded by two suits filed by Sri Ganapathiram for possession and recovery ' of arrears of rent. The suits were dismissed so far as the relief of possession was concerned. Thereafter, the pr...
K. Swarna Kumari Vs. M.B. Chowdary
Court: Andhra Pradesh
Decided on: Aug-03-1995
Reported in: AIR1996AP104; 1995(3)ALT534; I(1996)DMC369
ORDERP. Venkatarama Reddi, J. 1. This is an appeal filed by the wife against the order of the learned District Judge, Rangareddy Dist. 'rejecting' her application for grant of divorce and dissolution of marriage under S. 10 of the Indian Divorce Act. The parties are Christians. They were married on 17-5-1972. By the time of marriage, there was age disparity of nearly 20 years between the wife and the husband. They have three children. The eldest among them is about 22 years by now. The petition for divorce was filed on various grounds making very serious allegations against the respondent-husband. Inter alia, it is alleged that the husband was treating her cruelly even going to the extent of forcing her to have sax with others, beating her now and then and locking her up in a room and forcing her to have unnatural sex with him.2. The husband was emphatic in his denial. He said that he was aged about 54 years and he was a chronic diabetic and there was absolutely no reason or possibilit...
S.B.V. Satyanarayana Rao Vs. A. Venkateshwar Rao and anr.
Court: Andhra Pradesh
Decided on: Aug-03-1995
Reported in: 1996(1)ALT(Cri)111; [1997]88CompCas469(AP)
Ramesh Madhav Bapat, J.1. This is an appeal filed by the complainant being aggrieved by the order of acquittal recorded by the learned XIth Metropolitan Magistrate, Secunderabad, in C.C. No. 349 of 1992 acquitting the accused of an offence punishable under section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act'). 2. It can be seen from the record that the complainant had filed a complaint against the accused for an offence punishable under section 138 of the Act. Before filing the complaint, he had issued a notice to the first respondent-accused. The postman had left the intimation at the address of the accused instructing him to collect the registered notice meant for him within a period of seven days. In spite of leaving the intimation at his door, the accused did not claim the notice and, therefore, the complainant filed the complaint when he received back the envelop addressed to the accused which was not claimed by him. Instead of waiting for a period of 15 days, ...
Chinnappa U. Vs. Cotton Corporation of India and ors.
Court: Andhra Pradesh
Decided on: Aug-03-1995
Reported in: 1997(3)ALT556
ORDERP. Venkatarama Reddi, J.1. The question that falls for our consideration in this writ petition is whether a workman employed by a corporation, industry or an authority of State or Central Government can invoke the provisions contained in sub-section (2) of Section 2A of the Industrial Disputes Act (inserted by A.P. Act 32 of 1987), and straightaway file an application before the Labour Court inviting adjudication of the dispute relating to his termination without seeking reference of the dispute by the Central Government under Section 10 of the Industrial Disputes Act (hereinafter referred to as 'the Act'). The petitioner who was a Cotton Purchase Officer in the 1st respondent-Corporation was removed from service on August 3, 1987 as a result of disciplinary enquiry. On appeal, the order passed by the disciplinary authority was confirmed. Thereafter he filed I.D. 73 of 1988 in the Labour Court, Guntur under Section 2A(2) of the Industrial Disputes Act. On a preliminary objection r...
Anjilamma and ors. Vs. Labour Court-iii, Hyderabad and anr.
Court: Andhra Pradesh
Decided on: Aug-03-1995
Reported in: 1995(2)ALT683; (1996)ILLJ733AP
ORDERS.R. Nayak, J.1. The only question which arises for consideration in this writ petition is that whether the legal heirs of a deceased workman whose services were terminated by his employer as a measure of punishment can validly institute an industrial dispute before the Labour Court under Section 2A of the Industrial Disputes Act, 1947, for short 'the Act' questioning the validity of the action of the employer in terminating the services of such workman and claim reliefs as provided under the Act. This question arises for consideration in the backdrop of the following facts; 2. The first petitioner is the widow and the petitioners 2 to 7 are the children of one late Shri Ramdas who was working as a watchman in the establishment of the second respondent Divisional Engineer (Electrical Operations), Andhra Pradesh State Electricity Board, Mahabubnagar, Ramdas was appointed on 20-9-1966 and his services were terminated on 30-3-1989 by the second respondent under Regulation 28(3) of th...
C. Bhaskara Reddy and ors. Vs. the District Collector
Court: Andhra Pradesh
Decided on: Aug-03-1995
Reported in: 1995(3)ALT408
ORDERM.N. Rao, J.1. In this Writ Petition the order of the Collector, Chittoor, dated 12-5-1995 in Roc. No. 2554/95/B4 (Pts), by which the Dandapalli Gram Panchayat which was constituted as far back as on 16-7-1955 was bifurcated into two Gram Panchayats - Dandapalli and Eduru, is challenged.2. The Dandapalli Gram Panchayat, as constituted on 16-7-1955, consisted of the following eleven villages:1. Dandapalli2. Thallapalli3. Vyayalamitta4. Jegindlu5. Varadareddy indlu6. Kurapalli7. Nagireddy palli8. Vemanapalli East9. Vemanapalli West10. Eduru and11. Thammireddypalli3. The two Gram Panchayats that came into being by virtue of the impugned notification are Eduru and Dandapalli. The Eduru Gram Panchayat consists of Eduru, Thammireddypalli and a part of Thallapalli (by naming the same as Diguva Thallapalli). The rest of the areas constituted Dandapalli Gram Panchayat. Section3(1) of the A.P. Panchayat Raj Act, 1994 confers power on the Commissioner to declare any revenue village or hamlet...
Land Acquisition Officer-cum-revenue Divisional Officer, Kamareddy and ...
Court: Andhra Pradesh
Decided on: Aug-03-1995
Reported in: 2003(6)ALT321
Prabha Shanker Mishra, C.J.1. The Land Acquisition Officer, Kamareddy and the District Collector, Nizamabad, have preferred this appeal under Clause 15 of the Letters Patent of the Court against a judgment by a learned Single Judge of this court in the original proceeding under Article 226 of the Constitution of India. The lands belonging to the writ petitioner-respondents, it is not in dispute, were acquired and the proceedings, according to the appellants, finally ended in the award No. A2/929/86 dated 23-9-1986. Writ petitioner-respondents received the compensation amount but objected to the amount of compensation and sought reference for the determination of the court. The Collector under the Land Acquisition Act (hereinafter referred to as 'the Act'), however, refused to refer the matter to the court. Seeking accordingly appropriate directions to the Collector under the Act, petitioner-respondents have come to this court. The court has allowed the petition. Hence the appeal.2. Non...
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