Andhra Pradesh Court March 1996 Judgments
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Dr. D. Prabhakara Sarma Vs. State of A.P., Rep. by Its Secretary, Educ ...
Court: Andhra Pradesh
Decided on: Mar-21-1996
Reported in: 1996(2)ALT637
ORDERG. Bikshapathy, J.1. In this present writ petition, the proceedings of the 2nd respondent dated 23-9-1995 in so far as they relate to the transfer of 4th respondent to the 3rd respondent institution is challenged.2. The facts leading to the writ petition are that the petitioner was appointed as Lecturer in the 3rd respondent institution in 1968. He continued to function in the said capacity. While so, one senior most Lecturer by name Sri R. Veerabhadra Sarma, Principal of the 3rd respondent institution retired from service with effect from 30-4-1995. The petitioner being the senior most Lecturer in the said institution was promoted as Principal and appointment orders were issued on 7-4-1995. Thereafter the matter was referred to the 2nd respondent Commissioner of Collegiate Education, Hyderabad for necessary approval. However, it appears that the Commissioner has not passed any orders on the communication sent by the Correspondent of the 3rd respondent institution. While so, the 2...
A. Munaswamy Naidu Vs. J. Ananda and anr.
Court: Andhra Pradesh
Decided on: Mar-19-1996
Reported in: II(1996)ACC167; 1996(1)ALT973
Motilal B. Naik, J.1. The petitioner, an injured person filed MVOP No. 1336 of 1993 on the file of the District Judge-cum-Motor Accidents Claims Tribunal, Chittoor seeking appropriate compensation. 2. The O.P. was decided on merits by an order dated 6-4-1994 awarding a compensation of Rs. 90,000/- together with interest at the rate of 12% per annum from the date of petition till the date of realisation. The court while awarding the above compensation had also directed that the amount could be kept in fixed deposit for a period of five years and the petitioner was permitted to withdraw the costs and interest accrued thereon from the date of filing of the petition to the date of deposit and was also permitted to withdraw the periodical interest. The court while disposing of the O.P. had also permitted the petitioner to move a petition if any further amount is need for medical purposes. 3. The petitioner being an injured person aged about 64 years filed OEP No. 12 of 1995 in MVOP No. 1336...
Smt. K. Rachamma Vs. Smt. Bimal Bai and anr.
Court: Andhra Pradesh
Decided on: Mar-19-1996
Reported in: 1996(2)ALT111
ORDERAvinash Somakant Bhate, J.1. This Revision challenges the order passed in R.A.No. 180/90 which was decided by the Chief Judge, City Civil Court, Hyderabad on 20-9-1994.2. Petitioner herein is the landlady and had filed the eviction petition against the respondents tenant. They shall be referred hereafter as 'petitioner' and 'respondent' respectively. The petitioner initiated the eviction proceedings under the provisions of A,P. Building (Lease, Rent & Eviction) Control Act by R.C.1436/86 before the IV Additional Rent Controller, Hyderabad. By the said eviction petition, eviction was sought on three grounds permitted under the Act. They were (1) Wilful default in the matter of payment of rent of the demised premises for the period between March 1981 to 31st March 1986; (2) Bona fide and reasonable requirement of the demised premises for starting a business by the son of the petitioner and (3) Change of user of the demised premises from the one for which the premises were let out. T...
K. Someswara Kumar Vs. High Court of Andhra Pradesh Through Its Regist ...
Court: Andhra Pradesh
Decided on: Mar-19-1996
Reported in: 1996(2)ALT151
S. Parvatha Rao, J.1. By order in Roc No. 328/92/B.Spl. (SC) dated 1-3-1995, the High Court of Andhra Pradesh, the first respondent herein, found that the appellant was not fit to be retained in the judicial service as a Subordinate Judge and imposed the punishment of compulsory retirement from service. Questioning that the appellant preferred W.P.No. 5896 of 1995 and that was dismissed by a learned single Judge by order dated 28-8-1995. The present Writ Appeal is directed against that judgment.2. The facts are in a narrow compass. The appellant was directly recruited as District Munsif in November, 1979 and was promoted as Subordinate Judge in August, 1988. While working as Subordinate Judge at Cuddapah, he heard and disposed of L.A.O.P. No. 86 of 1988 by award dated 6-8-1990. The land acquired was of an extent of Ac. 15-76 cents. Under Award No. 75 of 1987 dated 21-3-1988 the Land Acquisition Officer awarded Rs. 14,065/- per acre. The appellant enhanced the compensation to Rs. 500/- ...
P. Dharma Rao and ors. Vs. Managing Director, A.P.T.T.D.C. Ltd. and an ...
Court: Andhra Pradesh
Decided on: Mar-19-1996
Reported in: 1996(2)ALT642
ORDERB. Sudershan Reddy, J.1. The petitioners pray for an appropriate writ, order or direction, particularly one in the nature of a writ of mandamus declaring the proceedings of the 1st respondent in Rc.No. 771/P1/Admn./TTDC/94, dated 19-10-1995 as illegal, arbitrary and unjust and consequently direct the respondents to regularise the services of the petitioners in their respective posts together with consequential benefits.2. All the petitioners herein were selected and appointed on 16-11-1987 by the 1st respondent herein as boat drivers and were allotted to work at various places on consolidated amount of Rs. 400/- per month. Immediately after completion of one year, the 1st respondent, by proceedings dated 26-9-1988 enhanced the wages to the petitioners from Rs. 400/- to Rs. 800/ - per month with effect from 1-10-1988 and thereafter there is a further enhancement in the wages from Rs. 800/- to Rs. 1050/- with effect from 1-5-1992 vide proceedings dated 22-10-1992 issued by the 1st r...
M/S. Bhavani Commission and General Merchant and Etc. Etc. Vs. State o ...
Court: Andhra Pradesh
Decided on: Mar-18-1996
Reported in: AIR1997AP113; 1996(2)ALT175
ORDERM. N. Rao, J. 1. Whether the G.O. Ms.No. 190 Agriculture and Co-operation (Mar-keting-I) Department dated 6th April, 1994 issued by the State Government in exercise of its regulatory power under Section 32 of the Andhra Pradesh Agricultural (Produce &Livestock;) Markets Act, 1966 (for short 'the Act') was in breach of the equality clause enshrined in Article 14 of the Constitution of India, is the central question for our conside- ration in this batch of writ petitions filed by licenced Commission Agents carrying on business in various market areas in the State of Andhra Pradesh by virtue of the licences granted under Section 7(1) of the Act by the concerned Market Committees2. By the impugned G.O., all the Agricultural Market Committees in the State have been directed to follow the following procedure for issue of licences to commission agents for their functioning as such :'1) A sum of Rs.20,000/- (Rupees Twenty thousand only) is prescribed as security deposit for the commission...
Union of India and ors. Vs. State of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Mar-18-1996
Reported in: 1996(2)ALT929; [1996]103STC34(AP)
P.S. Mishra, C.J.1. The Union of India along with Collector, Customs and Central Excise, Guntur and Additional Collector of Customs, New Customs House, Port Area, Visakhapatnam has moved this Court under article 226 of the Constitution of India for a declaration that section 2(e) of the A.P. General Sales Tax Act, as amended by Act 18 of 1985, is ultra vires the Constitution of India as well as arbitrary and a consequential direction to refund to them Rs. 4,45,077.38 being the sales tax collected by the respondent - State of Andhra Pradesh. According to them, whenever there are violations of the provisions of the Customs Act, 1962, goods involved are confiscated, they are put to sale and upon the sale of such goods the State Government has been imposing sales tax. They have been paying the tax until, however, they learnt that the Collectors of Customs of Bombay and Calcutta had filed writ petitions in their respective High Courts and the High Courts of Bombay and Calcutta had granted s...
Rama Rao J. Vs. A.P. State Road Transport Corpn. and anr.
Court: Andhra Pradesh
Decided on: Mar-18-1996
Reported in: 1996(2)ALT13; (1998)IIILLJ944AP
M.H.S. Ansari, J. 1. The Appellant-Writ Petitioner filed an application under Section 33C(2) of the Industrial Disputes Act, 1947 (for short 'the Act') claiming the salary for the period he was out of service due to orders of termination passed by the Writ Petitioner-Respondent and which orders of termination were declared to be illegal in the suit O.S.No. 5 of 1983 filed by the appellant before the Court of the VIII Asst. Judge, City Civil Court, Hyderabad. By the said, decree, the orders of termination passed by the writ petitioner respondent-Corporation were declared as illegal and invalid and that the Appellant should be treated as in continuous service. The petitioner also claimed the benefits under Circular No. PD-10/ 1980-81, dated April 24, 1980 to which he was held entitled by orders passed in his favour in W.P.No. 5710 of 1989 dated July 7, 1989. The aforesaid claim of the petitioner was allowed by the Labour Court and aggrieved against the same, the Writ Petition was filed b...
K. Subbarao Vs. Regional Deputy Director of Fisheries and Ex-officio J ...
Court: Andhra Pradesh
Decided on: Mar-18-1996
Reported in: 1996(1)ALT933
ORDERMotilal B. Naik, J.1. In this writ petition, the action of the first respondent in appointing person-in-charge to manage the affairs of Katravalapalli Fisheries Co-operative Society, Jaggannapet Mandal, East Godavari District is assailed on various grounds. 2. In order to appreciate the contentions raised by the petitioner as well as the official respondents and the fourth respondent who has been impleaded by today's order in W.P.M.P.No. 5542 of 1996, it is necessary to trace few facts relating to this case. 3. Petitioner is the former President of Katravalapalli Fisheries Co-operative Society (for short 'the society'). It is stated that he was elected on 18-12-1993 unanimously for a period of three years from 28-12-1993 to 27-12-1996, to the Managing Committee and the Managing Committee in turn elected him as President of the said society for three years. It is stated that the society has been functioning smoothly from 1993 onwards under his Presidentship. However, the ex-preside...
N. Vijaya and ors. Vs. K. Satyavathi and ors.
Court: Andhra Pradesh
Decided on: Mar-18-1996
Reported in: 1996(1)ALD(Cri)501; 1996(2)ALT454
ORDERP.S. Mishra, C.J.1. We would have preferred to make only a summary order in Writ Appeal No. 172 of 1996 and reiterate the principle that in cases of suspension of the authorisation of the Fair Price Shop dealership, pending enquiry into the allegations of such conduct, which disentitle any person, if proved, to have authorisation for such dealership, suspension is not ordered by the Court as a matter of course, as in the event of enquiry going against the petitioner, his continuance only under the order of the Court will have no justification at all. We are, however, required to state, in some details, the principles which the Court should apply in deciding whether to suspend the order of suspension, pending enquiry, of authorisation to run a Fair Price Shop because in the impugned order in Writ Appeal No. 181 of 1996 a learned single Judge has chosen to state that a Bench decision of this Court in B. Maheswaramma v. M. Ramasubbamma, : 1996(1)ALT274 does not have the ratio deciden...
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