Andhra Pradesh Court February 1996 Judgments
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D.S.P. Rao Vs. the A.P.S.R.T.C. and ors.
Court: Andhra Pradesh
Decided on: Feb-26-1996
Reported in: 1996(1)ALT922; (1996)IILLJ243AP
P.S. Mishra, C.J.1. Heard learned counsel for the appellant and learned counsel for the respondents,2. We do not propose to enter into the merits of the matter, as there is a clear violation of the principle as enunciated by the Supreme Court in Managing Director, ECIL v. B. Karunakar (1994-I-LLJ-162). The appellant is an Assistant Depot Clerk in the establishment of the respondent - corporation, which it is not in dispute, is an Industry. He was subjected to a domestic enquiry into the charges levelled against him. A notice calling upon him to show cause against the proposed punishment was given to him and later he has been punished. It has transpired, however, that before deciding to serve the notice of proposed punishment upon the appellant, a copy of the report of enquiry was not served upon him and he was not called upon to comment upon or explain the findings of the Enquiry Officer. Learned Counsel for the respondent -Corporation has not disputed the requirement of serving a copy...
Canara Bank Officers Congress, Rep. by Its Secretary Vs. the Govt. of ...
Court: Andhra Pradesh
Decided on: Feb-26-1996
Reported in: 1996(2)ALT459
ORDERG. Bikshapathy, J.1. The Canara Bank Officers Congress represented by its Secretary filed the present Writ Petition challenging the Memo No. 31/93 dated 2-3-1993 issued by the 2nd Respondent in respect of promotion policy for the years 1991 to 1994 from the cadre of Junior Management Grade Scale-I(J.M.G.S-I) to Middle Management Grade Scale -II (M.M.G.S-II) and Middle Management Grade Scale-II to Middle Management Grade Scale-III(M.M.G.S.-III) as arbitrary and illegal.2. The facts leading to the Writ Petition are that the petitioner is a Trade Union and affliated to Indian National Banks Officers Congress. The Apex body of the Banks in the country recognised only three AH India Officers Organisations out of four for the purpose of negotiation with regard to the service conditions of the Banks Officers. Though the petitioner union is affiliated to the recognised union at All India Level, yet it is not allowed to participate by the local level management. Ineffect the contention is ...
K. Chandrasekhar Vs. Jawaharlal Nehru Technological University, Rep. b ...
Court: Andhra Pradesh
Decided on: Feb-26-1996
Reported in: 1996(2)ALT370
ORDERB.S. Raikote, J.1. This writ petition is filed for a writ of mandamus directing respondent No. 1 to promote the petitioner as Special Category Stenographer in the pay scale of Rs. 1330 - 2630 with all consequential benefits, by treating him as person holding the substantial post of U.D. Stenographer. This Court while issuing notice, passed an interim order directing the Respondent No. 1 not to fill up the post of the Special Category Stenographer pending further orders on the writ petition, vide orders in W.P.M.P. No. 1962 of 1989. The respondent-University filed a vacate stay petition in W.P.M.P.No. 2143 of 1989 stating that one C. Janakirama Raju has already been appointed as Special Category Stenographer. Therefore interim order has become infructuous, and this Court vide order dated 29-11-1989 vacated the interim order granted on 4-7-1989. Thereafter, the petitioner has filed W.P.M.P.No. 20172 of 1995 for amendment of the writ petition praying to quash the order in G.O.Ms.No. ...
Bharat Heavy Electricals Ltd. Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Feb-23-1996
Reported in: [1996]102STC345(AP)
P. Venkatarama Reddy, J.1. Bharat Heavy Electricals Limited (hereinafter referred to as 'BHEL'), Ramachandrapuram, Hyderabad, is the petitioner in all these tax revision cases preferred under section 22 of the Andhra Pradesh General Sales Tax Act read with section 9(2) of the Central Sales Tax Act. The appeals in the Tribunal arose out of the revisional orders passed by the Deputy Commissioner of Commercial Taxes for the assessment years 1977-78, 1978-79, 1979-80 and 1980-81 and the appellate orders passed by the Deputy Commissioner (Appeals) for the years 1983-84, 1984-85 and 1985-86. Those appeals before the Deputy Commissioner were preferred against the provisional assessment orders for the said three years. For the assessment years 1977-78 to 1980-81, the Deputy Commissioner set aside the assessments made by the Commercial Tax Officer, Sangareddy, who accepted the returns of the petitioner with slight modifications and as a result of such revision, the Deputy Commissioner enhanced ...
Bharat Heavy Electricals Ltd. and anr. Vs. Commercial Tax Officer and ...
Court: Andhra Pradesh
Decided on: Feb-23-1996
Reported in: [1996]102STC367(AP)
P. Venkatarama Reddi, J.1. In these seven writ petitions, Bharat Heavy Electricals Limited (hereinafter referred to as 'BHEL') having its manufacturing unit at Ramachandrapuram, Hyderabad, has sought for a writ of certiorari quashing the assessments made under the Central Sales Tax Act by the Commercial Tax Officer, Sangareddy, Medak district, for the assessment years 1977-78 to 1980-81 and the provisional assessments made for the years 1983-84 to 1985-86. 2. There is an obvious mistake in the prayer in Writ Petitions Nos. 18397 to 18400 of 1989. For those years, the petitioner is aggrieved by the revised assessments made by the Deputy Commissioner (Commercial Taxes), Nizamabad, but not by the assessment orders passed by the Commercial Tax Officer. Even the dates on which the Deputy Commissioner passed the revisional orders are not correctly mentioned in the memoranda of writ petitions. 3. We may also point out that the prayer made in the writ petitions does not tally with what has bee...
The Special Deputy Collector, Reh.Cum.L.A. Unit Vs. Gattepalli Nagabhu ...
Court: Andhra Pradesh
Decided on: Feb-23-1996
Reported in: 1996(3)ALT580
1. This appeal by the Land Acquisition Officer is directed against the judgment and decree of the learned Subordinate Judge, Warangal in O.P.No. 117 of 1983 whereby the learned Subordinate Judge has enhanced the compensation payable to the claimants in respect of their lands which were acquired for the purpose of excavation of Kakatiya canal. The total extent involved is Acs.22-06 guntas in Chinthagattu village of Warangal Taluk. The notification Under Section 4(1) of the Land Acquisition Act was published in the Gazette on 5-3-1979. The Land Acquisition Officer, by his award dated 28-3-1980, fixed the market value of Bhagayat lands (dry lands) at Rs. 3,100/- per acre and of wet lands at Rs. 4,200/- per acre. The Land Acquisition Officer also fixed the compensation for the trees (Sendhi and Palmyrah) at Rs. 48-40 per tree. In the lands belonging to the claimants 6 and 7 there were two wells for which the Land Acquisition Officer fixed the compensation at Rs. 51,165/- for the 6th claima...
New India Assurance Co. Ltd., City Branch and anr. Vs. Salapuriappa an ...
Court: Andhra Pradesh
Decided on: Feb-23-1996
Reported in: 1996(2)ALT330
1. The appellants in this Letters Patent Appeal question the enhancement of the compensation of Rs. 15,000/- awarded by the Motor Accidents Claims Tribunal-cum-Additional District Judge, Madanapalle Under Section 92-A of the Motor Vehicles Act, 1939 ('the Old Act' for short) to Rs. 25,000/- by the learned Single Judge by his order dated 29-11-1989 in A.A.O.No.93 of 1988. Relying on the decision of a Division Bench of this Court in T. Srinivasulu Reddy v. C. Govardana Naidu, : AIR1990AP289 (NRC), the learned Single Judge held that the appellants herein (respondents in the A.A.O) where eliable to pay Rs. 25,000/- instead of Rs. 15,000 in view of the amendment'. It is obvious that the learned Single Judge was referring to the change brought about by Section 140 of the Motor Vehicles Act, 1988 ('the New Act' for short) which came into effect from 1-7-1989 repealing the old Act.2. In T. Srinivasulu Reddy's case, : AIR1990AP289 , the Division Bench held that Section 92-A, which was introduce...
Mir Taher Ali Khan Vs. Chairman, A.P. Housing Board Through Competent ...
Court: Andhra Pradesh
Decided on: Feb-23-1996
Reported in: 1996(2)ALT674
D.H. Nasir, J.1. This appeal is directed against the Judgment and decree dated 12-2-1987 passed by the Additional Chief Judge-cum-I Additional Special Judge for SPE and ACB cases, City Civil Court, Hyderabad in OSNo. 277 of 1984 (Old OSNo. 106 of 1976). The present appellant was the plaintiff and the respondents were the defendants in the suit.2. The appellant's father Nasab Mir Hasan Ali Khan was the owner and possessor of the suit land known as Ali Cottage at Mukaramjahi Road, Hyderabad, ad-measuring 1,300 Sq.yds. Nasab Mir Hasan Ali Khan gave possession of the said cottage to the appellant on 14th Amardad 1345 fasli by an oral gift. The appellant had been in possession of the said plot of land since then as its owner. Mir Hasan Ali Khan also executed an agreement dated 30th Meher 1347 fasli in favour of the appellant, and the appellant was in possession thereof continuously since 14th Amardad 1345 fasli corresponding to 19-6-1936. Prior to the appellant, Mir Hasan Ali Khan was in po...
New India Assurance Co. Ltd. and anr. Vs. Salapuriappa and ors.
Court: Andhra Pradesh
Decided on: Feb-23-1996
Reported in: 1997ACJ914
S. Parvatha Rao, J.1. The appellants in this Letters Patent Appeal question the enhancement of the compensation of Rs. 15,000/- awarded by Motor Accidents Claims Tribunal-cum-Additional District Judge, Madanapalle under Section 92-A of the Motor Vehicles Act, 1939 ('the old Act' for short) to Rs. 25,000/- by the learned single Judge by his order dated 29.11.1989 in A.A.O. No. 93 of 1988. Relying on the decision of a Division Bench of this Court in T. Srinivasulu Reddy v. C. Govardhana Naidu : AIR1990AP289 , the learned single Judge held that the appellants herein (respondents in the A.A.O.) were 'liable to pay Rs. 25,000/-instead of Rs. 15,000/- in view of the amendment'. It is obvious that the learned single Judge was referring to the change brought about by Section 140 of the Motor Vehicles Act, 1988 (for short 'the new Act') which came into effect from 1.7.89 repealing the old Act.2. In T. Srinivasulu Reddy's case : AIR1990AP289 , the Division Bench held that Section 92-A, which was...
New India Assurance Co. Ltd. and ors. Vs. Salapuriappa and ors.
Court: Andhra Pradesh
Decided on: Feb-23-1996
Reported in: I(1997)ACC167
S. Parvatha Rao, J.1. The appellants in this Letters Patent Appeal question the enhancement of the compensation of Rs. 15,000/- awarded by the Motor Accidents Claims Tribunal-cum-Additional District Judge, Madanapalle under Section 92-A of the Motor Vehicles Act, 1939 ('the Old Act' for short) to Rs. 25,000/ - by the learned Single Judge by his order dated 29.11.1989 in A.A.O. No. 93 of 1988. Relying on the decision of a Division Bench of this Court in T. Srinivasulu Reddy v. C. Govardana Naidu : AIR1990AP289 , the learned Single Judge held that the appellants herein (respondents in the A.A.O) where 'liable to pay Rs. 25,000/- instead of Rs. 15,000/- in view of the amendment'. It is obvious that the learned Single Judge was referring to the change brought about by Section 140 of the Motor Vehicles Act, 1988 ('the New Act' for short) which came into effect from 1.7.1989 repealing the old Act.2. In T. Srinivasulu Reddy's case, the Division Bench held that Section 92-A, which was introduc...
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