Andhra Pradesh Court August 1995 Judgments
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Regional Manager, Central Bank of India, Hyderabad and anr. Vs. Muppid ...
Court: Andhra Pradesh
Decided on: Aug-02-1995
Reported in: 1995(2)ALT836; (1996)ILLJ929AP
ORDERPrabha Shankar Mishra, C.J. 1. Heard. 2. The instant appeal has come before us against an order, which, it seems, has been passed in rather some unfortunate situation. The impugned order shows that inspite of repeated opportunities and service of notice, the appellant failed to appear in the proceeding and pending the writ petition, interim order has been passed, the effect of which order is to put the writ petitioner - Branch Manager of the appellant-Bank in the post in which he has been put under suspension. 3. One of the settled principles of law is that when an employee is charged of any misconduct and is put under suspension under such statutory provision which apply, Courts ordinarily do not interfere as, in the event of final adjudication, the concerned employee can be fully compensated in terms of money. Any employer will have the option to put any employee, off duty. In such a case of suspension from work, however, the employee's contract of service is not suspended. He i...
Municipal Commissioner, Rajendranagar Municipality Vs. D. Susheela and ...
Court: Andhra Pradesh
Decided on: Aug-02-1995
Reported in: 1995(3)ALD150; 1998(2)AnWR744
P.S. Mishra, C.J. 1. Heard 2. It seems there is a total misconception about the application of Section 9 of the Andhra Pradesh (Regulation of Appointments to Public Services and Rationalisation of Staff Pattern and Pay Structures) Act, 1994 (for short 'Act No. 2 of 1994). We have reasons to hold that there is absolutely no basis for any such apprehension to the appellant that Section 9 of Act No. 2 of 1994 shall stand in the way of the award under Section 2A(2) of the Industrial Disputes Act (introduced by the State Amendment Act No. 32 of 1987 with effect from July 27, 1987). Section 7 of Act No. 2 of 1994 provides as follows : '7. Bar for regularisation of services :- No person who is a daily wage employee and no person who is appointed on a temporary basis under Section 3 and is continuing as such at the commencement of this Act shall have or shall be deemed ever to have a right to claim for regularisation of services on any ground whatsoever and the services of such person shall b...
National thermal Power Corporation Ltd. and anr. Vs. S. Partha and ors ...
Court: Andhra Pradesh
Decided on: Aug-02-1995
Reported in: (1996)ILLJ1019AP
Lingaraja Rath, J. 1. The moot submission advanced before us by Mr. K. Srinivasa Murthy, learned counsel appearing for the appellants in assailing the Judgment of the learned Single Judge allowing the Writ Petition No. 16524 of 1991 filed by respondent No. 1 against the appellants is that the letter of resignation submitted by the respondent No. 1 on October 15, 1988 became effective from November 16, 1988 and that there was no necessity of either accepting or making a communication of acceptance of the resignation, and that all correspondences made by the appellants to the 1st respondent in the matter were redundant as having no effect. A subsidiary question has also been raised that even if the resignation of the respondent No. 1 is treated as withdrawn and he becomes entitled for reinstatement, yet the reinstatement can be effected only in the respondent No. 3 Corporation and not in the appellants-Corporation there having been a split and bifurcation of the appellants as a result of...
P. Srinivasa Rao Vs. Vice-chancellor, S.K. University and ors.
Court: Andhra Pradesh
Decided on: Aug-02-1995
Reported in: 1995(2)ALT739
ORDERMotilal B. Naik, J.1. Petitioner, a student of M.B.A. Course studying in S.D.G.S. (Vasavi Institute of Management), Hindupur, is before this Court.2. It is stated by the Counsel for the petitioner that the petitioner who is an Asthama patient, has sought transfer from the said Institute at Hindupur to S.K. University, Anantapur. Counsel further states that the petitioner being a resident of Anantapur, the climate in Hindupur which is about 65 kilo metres away from Anantapur is not suitable to him. The petitioner seems to have made a representation to respondents 1 and 2 on3-2-1995 and 6-4-1995. It is also stated that as per the resolution of B.O.M. meeting on 28-12-1993, the petitioner is also entitled for seeking transfer.3. When the matter came up for admission today, after hearing the counsel for the petitioner, this Court intended directing notice before admission to the respondents, so that after hearing the respondents, an appropriate order could be passed at the admission s...
Hemadri Cements Pvt. Ltd. Vs. Walchandnagar Industries Ltd. and ors.
Court: Andhra Pradesh
Decided on: Aug-01-1995
Reported in: 1995(3)ALT120; 1996(1)ARBLR681(AP)
P.S. Mishra, C.J. 1. The instant appeal is preferred against the judgment in W.P. Nos. 11049 and 12938 of 1990 by a learned Single Judge of this court. Facts leading to the petitioner-respondent invoking this court's jurisdiction under Article 226 of the Constitution of India are in nutshell as follows : A dispute arose between the petitioner-respondent and the appellant herein in course of the execution of a contract for sale of cement manufacturing machinery. In accordance with the arbitration Clause 12(2) of the agreement the parties, nominated their respective arbitrators and the arbitrators appointed the umpire. The arbitrators, however, gave an award on 2.2.1987 granting to the petitioner-respondent Rs. 17,74,858/- together with interest of Rs. 3,05,000/-. They, however, gave no reasons to support their award. The petitioner-respondent 17filed O.S. No. 249 of 1987 in the court of Additional Chief Judge (Temporary), Hyderabad, under Section 14(2) of the Arbitration Act (for short ...
In Re: Vinay Metal Printers Private Ltd.;
Court: Andhra Pradesh
Decided on: Aug-01-1995
Reported in: 1995(3)ALT222; [1996]87CompCas266(AP)
Avinash Somakant Bhate, J. 1. These two Company Petitions Nos. 16 and 17 of 1994 have been filed by Vinay Metal Printers Private Limited and Anand Crown and Seal Private Limited. Vinay Metal Printers Private Limited shall hereinafter be called 'the transferee-company', while Anand Crown and Seal Private Limited is hereinafter be called 'the transferor-company'. The transfer was under section 394 of the Companies Act (1 of 1956) (for short 'the Act'). Both the companies have filed the petitions with a prayer that the scheme of amalgamation of the two companies, namely, the transferee-company and the transferor-company be sanctioned. Petition No. 16 is filed by the transferee-company while Petition No. 17 is preferred by the transferor-company. Both petitions raise common question and are hence disposed of by this common order. 2. The transferee-company in this case was incorporated some time in September, 1987. It was a private company. The registered office of the said company is situa...
District Medical and Health Officer, Khammam and ors. Vs. Boddupalli V ...
Court: Andhra Pradesh
Decided on: Aug-01-1995
Reported in: 1996ACJ1268; 1996(1)ALT12
1. These two appeals are filed by the District Medical and Health Officer, Khammam and the State Health Transport Organisation and the Government of Andhra Pradesh, being aggrieved by common judgment and two separate awards passed by the Motor Accident Claims Tribunal (Additional District Judge, Khammam), dated December 29, 1990, on its file in MAT. OP. Nos. 113 and 192 of 1990. In these two appeals, common questions of facts and law arise. Therefore, I am also disposing of them by this common judgment. 2. On January 30, 1990 the claimant in O.P. No. 113/90, Baddula Srinivasu and another claimant in O.P. No. 192/90 by name Boddupalli Venu were coming on cycle from SSRJ College, Khammam. When they reached NSP auditorium, a jeep bearing NO. ABL 9216 belonging to the 1st respondent was being driven with high speed by Shaik Ghouse Khan, the 1st respondent in the above original petitions (and the 2nd respondent herein). The said jeep dashed against the cycle and as a result both the claiman...
D. Apparao Vs. D. Rama Mohanarao
Court: Andhra Pradesh
Decided on: Aug-01-1995
Reported in: 1995(2)ALT678
ORDERY.V. Narayana, J.1. The defendant in O.S. No. 139 of 1990 on the file of the learned Munsif Magistrate, Ponnur filed this revision petition against the order dated 1-8-1994 in CM. A. No. 6 of 1991 on the file of the learned Subordinate Judge, Bapatla on the ground that the lower appellate Court failed to apply its mind to the facts of the case and committed an error apparent on the face of the record.2. The brief facts of the case are as follows:The plaintiff-respondent filed the suit for permanent injunction against the appellant (sic. petitioner) defendant from interfering with his peaceful possession and enjoyment of the plaint schedule land. It is averred that the grand-mother of the plaintiff .Dasari Durgamma purchased item-2 of the plaint schedule from Y. Seetaramaiah and others under a registered sale deed dated 11-12-1964; that in 1930 she encroached upon item-1 of the plaint schedule property, after the Mathukumalli Malakondarayudu the owner migrated to Tenali; that she h...
T. Ramamohana Rao Vs. Ragati Ramaraju
Court: Andhra Pradesh
Decided on: Aug-01-1995
Reported in: 1995(2)ALT741
ORDERY.V. Narayana, J.1. The appellant in A.S. No. 129 of 1991 on the file of the learned III Addl. District Judge, Visakhapatnam filed this Transfer C.M.P. seeking transfer of the said appeal to this High Court to be heard along with A.S. No. 1150 of 1993 pending in this High Court.2. Necessary facts of the case, in brief, are as follows: The petitioner herein filed O.S. No. 422/83 on the file of the I Addl. Subordinate Judge, Visakhapatnam against the respondent and others for specific performance of sale agreement for sale of a house. The respondent filed O.S. No. 72 of 1984 on the file of the I Addl. Subordinate Judge, Visakhapatnam against the petitioner herein for mesne profits. The learned I Addl. Subordinate Judge tried both the suits together and disposed of the same by a common judgment dated 4-7-1991 dismissing the suit O.S. 422/93 filed by the petitioner herein and decreeing the suit O.S. 72/84 filed by the respondent against the petitioner herein. Aggrieved by the said com...
Kanakala Venkata Rao Vs. Konda Krishnam Raju and ors.
Court: Andhra Pradesh
Decided on: Aug-01-1995
Reported in: 1996(1)ALT838
ORDERK.B. Siddappa, J. 1. The revision is filed against the docket order dt. 25.6.92 passed by the learned Subordinate Judge, Kakinada in OSSR No. 1736/92. 2. Defendants 3 to 5 have entered into an agreement of sale with defendants 1 and 2 in respect of a total extent of Acres 43 - 58 cents for a consideration of Rs. 4 lakhs by an agreement dated 3-1-89. Defendants 1 and 2 executed sale deeds for an extent of Ac. 30-54 cents. They failed to execute the sale deed in respect of remaining extent of Ac. 13-04 cents. The plaintiff filed suit for specific performance of agreement in respect of his share which comes to Ac. 3-26 cents out of Ac. 13-04 cents. The plaintiff's suit is in respect of 1/4th share out of the remaining extent. The learned subordinate Judge held that there are no recitals in the agreement that the execution of sale deed would be as per shares. Therefore he directed to pay Court fee on the value of the remaining extent of Ac. 13-04 cents. Against this order the present ...
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