Andhra Pradesh Court December 1996 Judgments
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P. Manoj Kumar and ors. Vs. Govt. of A.P. Rep. by Its Prl. Secretary, ...
Court: Andhra Pradesh
Decided on: Dec-09-1996
Reported in: 1997(1)ALT715
ORDERG. Bikshapathi, J.1. Both the Writ Petitions can be disposed of by a common Order.2. The Writ Petitions are filed seeking Writ of Mandamus directing the Respondents Nos. 3 and 4 to abide by the ceiling of fee stipulated in G.O.Ms. No. 304, dated 30-12-1993 in respect of left over seats from N.R.I. quota and to forbear from demanding additional tuition fee over and above the ceiling fixed by the Government.3. The petitioners were admitted to B.E. Course under the 3rd Respondent Engineering College which is established by the 4th Respondent Society. In pursuance of the directions of the Supreme Court from time to time, the State Government have been issuing the orders in respect of fee structure. The Government issued G.O.Ms. No. 183, dated 18-8-1993 to the effect that the N.R.I. quota seats can be filled up by the management of the college, who were not successful or who did not appear for EAMCET Examination. However, by subsequent G.O.Ms. No. 256 dated 17-11-1993 Government issued...
C. Suresh Patnaik and ors. (Judicial Officers and their Association) V ...
Court: Andhra Pradesh
Decided on: Dec-09-1996
Reported in: 1997(1)ALT732
ORDERS. Parvatha Rao, J.1. All these Writ Petitions except Writ Petition No. 800 of 1995 are preferred by various judicial Officers belonging to Andhra Pradesh Higher Judicial , Service and Andhra Pradesh State Judicial Service seeking directions to the respondents in these Writ Petitions to pay House Rent Allowance (for short 'H.R.A.') to them; some of them in the alternative seek directions to the respondents not to deduct any amount towards rental or maintenance for the houses allotted by the Government and occupied by them.2. Writ Petition No. 800 of 1995 is preferred by the Andhra Pradesh Judicial Officers Association ('the Association' for short) seeking a Writ of Mandamus 'declaring that the Andhra Pradesh Public Employment (House Rent Allowance) Rules, 1988 in so far as they relate to the non-payment of House Rent Allowance to the members of the petitioner-Association are concerned as not applicable and to further declare that the members of the petitioner-Association are entit...
W.S.V. Satyanarayana Vs. Director of Tribal Welfare and Others
Court: Andhra Pradesh
Decided on: Dec-06-1996
Reported in: AIR1997AP137; 1997(1)ALT789
ORDERV. Rajagopal Reddy, J. 1. This writ appeal is brought by the appellant-petitioner, aggrieved by the order passed by the learned single Judge in his W.P. No.11020 of 1992, who dismissed the writ petition and while dismissing the same declared that the petitioner therein was not entitled to be treated as 'Kondakapu', a Scheduled Tribe and that he was also not entitled for the benefits meant for ST. candidates. The learned single Judge also directed that the appellant-petitioner's M.B.A. certificate should also be withdrawn. The appellant-petitioner filed the writ petition questioning the memo dated 9-6-1992 issued by the Principal, University College, Nagarjuna University (R3), as illegal and without jurisdiction.2. The question of some importance that arises is how to determine the social status of the appellant-petitioner, who is un off-spring born out of the wedlock between a couple, one of whom is a member of Scheduled Tribe; whether-the off-spring takes automatically the caste ...
Surapaneni Ram Prasad Vs. V. Ramesh Chandra Bau and ors.
Court: Andhra Pradesh
Decided on: Dec-06-1996
Reported in: 1997(1)ALD(Cri)180; 1997(1)ALT78; 1997(1)ALT(Cri)528; 1997CriLJ677
V. Rajagopala Reddy, J.1. Challenging the order of a learned single Judge in W.P. No. 6353 of 1996 quashing the Government Order and setting aside the appointment of the 3rd respondent-appellant as Additional Public Prosecutor (for short A.P.P.) in the Court of the Additional District and Sessions Judge-cum-Metropolitan Sessions Judge, Vijayawada, this writ appeal is brought under Clause 15 of Letters Patent. 2. The following few facts have to be stated for the disposal of this appeal : The term of the petitioner-1st respondent expired on 20-8-1994 as A.P.P. to the Court of the Addl. District & Sessions Judge-cum-Metropolitan Sessions Judge, Vijayawada. The appointment to the post of the A.P.P. is required to be made in accordance with Section 24 of the Code of Criminal Procedure (for short, 'the Code'). In the panel sent by the District Magistrate in August, 1994, the Government, the 2nd respondent herein, the petitioner-1st respondent figured at Sl. No. 2. The panel was not acted upo...
Media Communications Vs. Government of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Dec-06-1996
Reported in: [1997]105STC227(AP)
T.N.C. Rangarajan, J.1. This batch of writ petitions challenges the constitutional validity of sections 5F, 5G and 5H of the Andhra Pradesh General Sales Tax Act, 1957 and the Rules thereunder. History of taxation of works contracts : 2. Entry No. 54 of List II of the Seventh Schedule of the Constitution of India reads as follows : 'Taxes on the sale or purchase of goods other than newspapers, subject to the provisions of entry 92-A of List I. Entry 92-A of List I is : Taxes on the sale or purchase of goods other than newspapers, where such sale or purchase takes place in the course of inter-State trade or commerce.' 3. Thus, the State was enabled to tax the sale where the taxable event occurs inside the State whereas the Centre was entitled to tax the sale or purchase if it is in the course of inter-State trade or commerce. The question arose as to whether works contract could be taxed by the State by enlarging the definition of 'sale' in the sales tax legislation. The Supreme Court h...
Pandu A.N. Vs. Management of Bharat Heavy Electricals Ltd. and ors.
Court: Andhra Pradesh
Decided on: Dec-06-1996
Reported in: 1997(2)ALT296; (1998)IIILLJ842AP
ORDERV. Raja Gopal Reddy, J. 1. The order of the learned Single Judge in W.P. No. 1442 of 1989, quashing the award of the 1st Respondent, Labour Court, and holding the 3rd Respondent-appellant guilty for the misconduct of theft of cement and awarding punishment of stoppage of one increment with (sic. without) cumulative effect for three years, is under challenge in this Writ Appeal.2. Few facts need to be stated :The 3rd Respondent-appellant was the store-Keeper in the petitioner-1 st Respondent Management viz., Bharat Heavy Electricals Ltd., Hyderabad. There was some theft of cement bags on January 5, 1992. The appellant was suspected of the theft and was proceeded against by the Management. Accepting the enquiry officer's report, the disciplinary authority awarded punishment of withholding one annual increment with cumulative effect. The appellant moved the Labour Court by filing LD. No. 130 of 1983. The Labour Court allowed both the parties to produce their evidence and on appreciat...
Smt. A. Bharathi (Teacher) Vs. Smt. A. Rama Rani (Teacher) and anr.
Court: Andhra Pradesh
Decided on: Dec-06-1996
Reported in: 1997(1)ALT12
V. Rajagopala Reddy, J. 1. An order of transfer dt.27-5-1995, transferring 1st respondent-writ petitioner to APR School, Vahgara, Karimnagar District, vice Smt. A. Bharati the appellant herein (2nd respondent in the writ petition), who was transferred and posted at APR School (Girls), Hasanparthy, Warangal District, was quashed, by the learned single Judge, by the Judgment in W.P.No. 11227 of 1995, which is under appeal in this writ appeal, filed under Clause 15 of Letters Patent.2. The parties are mentioned herein as they are arrayed in the writ petition.3. The petitioner Smt. A. Rama Rani was working as Trained Graduate Teacher in Telugu in APR School for Girls, Hasanparthy, Warangal District. Her husband is working as Secondary Grade Teacher at an aided High School at Hanumakonda, Warangal District, which is not a transferable post. She was appointed and posted at Hasanparthy in 1987. Except for a few days, she has been working for over a period of 7 years at Hasanparthy. She was co...
Hon'ble Secretary and Correspondent, Badruka College of Commerce and A ...
Court: Andhra Pradesh
Decided on: Dec-05-1996
Reported in: AIR1997AP179; 1996(4)ALT1103
ORDERB. K. Somasekhara, J. 1. The order of dismissal of W.P.M.P. No. 287.19/95 in W.P.M.P.(SR) No. 116983/95 in W.P. No. 8394 of 1989 dated 18-6-1996 passed by the learned single Judge questioned in this appeal having a tinge of dealing with such matters arising out of proceedings under Art. 226 of the Constitution of India applying the provisions of the Code of Civil Procedure and the Limitation Act confronts us with these questions to lay down the correct law settled so far in this regard.1. Whether (a) the provisions of the Code of Civil Procedure (in short, the Code) and (b) the provisions of Limitation Act, 1963 (in short, the Act) are applicable to the proceedings under Arts. 226 and 227 of the Constitution of India (in short, the Constitution)? 2. If not, what is the effect of Rules 20, 24 and 25 of the Writ Proceeding Rules of Andhra Pradesh, 1977 (in short, the Rules)? 2. The Amendment Act of 1976 of the Code was brought into force with effect from 1-2-1977. Section 141 of the...
Afsar Khan Vs. Col. Govindacharyula Narsing Rao, Rep. by Gpa Sri Govin ...
Court: Andhra Pradesh
Decided on: Dec-05-1996
Reported in: 1997(2)ALT211
P. Ramakrishnam Raju, J.1. The unsuccessful defendant is the appellant. The respondent-plaintiff filed the suit for declaration of his title and for possession of Plot No. 7 admeasuring 383.75 sq. yards of vacant site situated in Survey No. AD 51/4 and 51/2 of Bagh Amberpet, University Road within the limits of Municipal Corporation of Hyderabad, and for consequential relief of mandatory injunction to demolish the existing building in the suit site at the cost of the defendant.2. The case of the respondent is that his father Sri Govindacharyula Ramarao purchased the plaint schedule site under a registered sale deed dt. 24-6-1963 from one P.V.P. Vithal Prasad. His father bequeathed the said property to him by his will dated 28-12-1975 which was duly probated in O.P. No. 243 of 1978. The respondent being the executor of the said will is competent to file the suit to safeguard the interest of himself and his brothers. As the appellant-defendant under ostensible plea of purchase from one R...
Oriental Insurance Co. Ltd., Rep. by Its Branch Manager Vs. Murari Lak ...
Court: Andhra Pradesh
Decided on: Dec-05-1996
Reported in: 1997(3)ALT813
B.K. Somasekhara, J.1. The Insurer of the vehicle No. TMU 2304 Involved in motor vehicle accident, which is found to be due to the negligence of the driver by the Motor Vehicle Accidents Claims Tribunal, Ongole in O.P. No. 114 of 1989, suffering an award dated 11-11-1990 to pay a sum of Rs. 12,000/- by way of compensation under no fault liability (Section 92-A of the Motor Vehicles Act, 1939 (for short 'the Act') has questioned the correctness of the award in fixing so much of compensation.2. There is no representation for the respondents.3. Heard Mr. Kota Subba Rao, learned Advocate for the appellant.4. It was a personal injury claim case filed by the Respondent No. 1 alleging that he suffered injuries and permanent disability and thereby claimed Rs. 30,000/- by way of compensation under Section 110-A of the Motor Vehicles Act, 1939. Although the Tribunal found that the accident occurred on 27-11-1988 while the claimant was travelling in the Van No. TMU 2304 and the claimant suffered ...
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