Andhra Pradesh Court June 1996 Judgments
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The Superintending Engineer, Operation Circle, Apse Board, Warangal an ...
Court: Andhra Pradesh
Decided on: Jun-18-1996
Reported in: 1996(3)ALT546; (1997)IILLJ586AP
G. Bikshapathy, J.1. The Writ Appeal is directed against the orders of the learned single Judge in W.P. No. 7922/1993 dated February 23, 1994. 2. The Electricity Board is the Appellant in the Writ Appeal and the Respondent in the Writ Petition. The matter relates to the promotion of the 1st Respondent to the post of Junior Accounts Officer in pursuance of the panel prepared by the Departmental Promotion Committee, dated February 22, 1993. 3. The case of the Respondent-employee was that he was entitled for promotion, but he 51 was working as U.D. in the Board service and that he was qualified and he was eligible for promotion to the post of Junior Accounts Officer by promotion. There were 9 vacancies available in the cadre of Junior Accounts Officer in Warangal Zone. Accordingly, the Departmental Selection Committee was constituted to consider the eligible candidates, and the names of 12 employees including the petitioner were approved ,0 for promotions and accordingly, a panel was prep...
K. Venkatrama Naidu (Died) Per L.Rs. Vs. State of Andhra Pradesh, Rep. ...
Court: Andhra Pradesh
Decided on: Jun-18-1996
Reported in: 1998(2)ALT252
ORDERRamesh Madhav Bapat, J.1. The petitioners herein were the original plaintiffs in O.S. No. 129 of 1984 and O.S. No. 53 of 1982 respectively pending on the file of the Prl. Subordinate Judge, Chittoor. The respondents herein were the defendants.2. C.R.P. No. 3724 of 1994 arises out of the judgment passed in CM. A. No. 42 of 1992 on the file of the District Judge, Chittoor, which arises out of LA. No. 699/88 in O.S. No. 129 of 1984.3. CR.P. No. 3779 of 1994 arises out of the judgment passed in C.M.A. No. 43 of 1992 on the file of the District Judge, Chittoor, which arises out of LA. No. 700/88 in O.S. No. 53 of 1982.4. The suits filed by the petitioners herein were dismissed. Against the said orders, the petitioners herein preferred two Interlocutory Applications i.e., I.A. No. 699/88 in O.S. No. 129/84 and I.A. No. 700/88 in O.S. No. 53 of 1982 respectively in the Court of the Principal Subordinate Judge, Chittoor. Both the I.As., alleged to have been filed under Order IX Rule 9 C.P...
Kumari Sheela Rani, Minor Rep. by Her Father Sri D.J. Varaprasada Rao ...
Court: Andhra Pradesh
Decided on: Jun-18-1996
Reported in: 1996(3)ALT276
P.S. Mishra, C.J. 1. Heard.2. This appeal by a minor represented by her father has arisen out of a proceeding under Article 226 of the Constitution of India. The question herein is whether the Government Order in G.O.Ms.No. 309, Social Welfare (02) Department, dated 6-5-1985, which has restricted scholarship to the Scheduled Caste students studying in Hyderabad Public School to one child in a family, is valid.3. Writ petitioner - appellant, it is not in dispute, belongs to the Scheduled Caste and is admitted in Hyderabad Public School on merits. She applied for the scholarship to which Scheduled Caste students are eligible. She has, however, been denied the scholarship on the ground that her brother is also studying in the school and is receiving the scholarship. She has moved this Court thus alleging that the decision to deny to her the benefit of the scholarship, which is sought to be based on the Government Order aforementioned, is illegal and violative of the equal protection of la...
Sivakumaram Chengal Rao Vs. P. Paramasivappa
Court: Andhra Pradesh
Decided on: Jun-18-1996
Reported in: 1996(3)ALT248
ORDERMotilal B. Naik, J.1. The petitioner is the judgment debtor in O.E.P.No. 153 of 1987 in O.S.No. 138 of 1986 on the file of the Principal District Munsif, Punganur. The suit, which was instituted in the year 1986 was decreed on 5-5-1987. The plaintiff, the respondent herein filed O.E.P.No. 153 of 1987. In the Q.E.P., the petitioner-judgment debtor took a categorical stand that he is a small farmer and so he is entitled to the benefit of Act 45 of 1987. In support of his contention, the petitioner-defendant examined himself in O.E.P.No. 153 of 1987 before the trial Court as R.W.1 and filed verified copies of 10(1) accounts and No. 2 adangal, and got them marked as Ex. B-1 and B-2. The respondent-decree holder who got himself examined as P.W.1, deposed before the Court mat the defendant is a wealthy man and he is also doing business. Besides that, he has also deposed that Act 45 of 1987 has no application.2. The lower Court on a consideration of the submissions held that the burdent ...
M.M. Plasto Packs (P) Ltd. Vs. M.M. Poly Packs (P) Ltd.
Court: Andhra Pradesh
Decided on: Jun-17-1996
Reported in: (1997)1CompLJ105(AP)
G. Bikshapathy, J.1. The petitioner company filed the present company petition under section 439(1)(b) read with sections 434(1)(c) and 433(e) of the Companies Act, 1956. 2. The facts leading to the case are that the petitioner is a private limited company incorporated under the Companies Act. The principal objects of the petitioner company are to carry on the business as manufacturers and processors, dealers, importers, exporters, contractors, etc., and to deal with sale of all sorts of plastic goods, machineries and instruments. The respondent company is also a private limited company having its registered office at Plot No. 2, Phase I, I.D.A., Jeedimetla, Hyderabad. It has been carrying on the business of manufacturing woven sacks and poly propylene and synthetic, etc. The petitioner company has been supplying the plastic goods to the respondent company and has been raising the invoices. During the course of transactions, it has supplied the granules through invoice Nos. 89, 90 and ...
i.E. Vittal and anr. Vs. Appropriate Authority and ors.
Court: Andhra Pradesh
Decided on: Jun-17-1996
Reported in: 1996(3)ALT707; (1997)137CTR(AP)396; [1996]221ITR760(AP)
ORDER UNDER S. 269UD--Validity.Ratio :Order passed under section 269UD is not valid where the same was based on non-comparable sale instances and appropriate authority violated principles of natural justice as copies of documents relied on by him were not provided to agreement holders.Held :Not providing copies of the agreements which were relied upon by the appropriate authority to record an adverse finding against the agreement holders amounts to denial of opportunity of being heard resulting in violation of the principles of natural justice which would vitiate the proceedings.What is more surprising is that the appropriate authority did not rely on sale of property in the same locality as not a comparable sale whereas he relied upon agreement for sale of property in another locality which is about 10 kms. away, treating it as a comparable sale. Indeed, from the plan it appears that the comparable sale relied upon by the agreement holders is of the property which is only 250 metres a...
Shantimoy Mandal Vs. Conciliation Officer and Joint Commissioner of La ...
Court: Andhra Pradesh
Decided on: Jun-17-1996
Reported in: 1996(3)ALD671; [1997(75)FLR603]; (1997)IILLJ539AP
P.S. Mishra, C.J.1. Heard. 2. It is indeed unfortunate that a Government of India undertaking has chosen to act arbitrarily and terminated the services of a workman without following the procedures prescribed under Chapters V-A and V-B of the Industrial Disputes Act, 1947. Learned single Judge has, however, accepted the plea on behalf of the respondent-employer that the services of the petitioner-appellant have been terminated on account of the project for which he was appointed coming to a close and in any case, for the said reason the termination has been effected in accordance with the contract of service. Our attention has, however, been drawn to the conditions of the contract of service which has been filed in the writ petition on behalf of the respondent-employer. The condition under which termination is sought to be effected is as follows : 'Your appointment will be for the duration of L.M.M.M. project, Visakhapatnam or earlier depending on the requirement of the other work. How...
The Asia Pacific Investments Trust Ltd. Vs. Ac, Excise and Prohibition ...
Court: Andhra Pradesh
Decided on: Jun-17-1996
Reported in: 1996(3)ALT412
ORDERRamesh Madhav Bapat, J.1. This Petition has been filed by third party Finance Company, under Article 226 of Constitution of India to issue a writ, direction or order preferably in the nature of Certiorari calling for the records relating to the proceedings in Cr. No. A7/2729/95/ACH/EX dated 20.11.1995 on the file of the 1st respondent and to examine the legality, propriety and correctness of the said order and quash the same holding that the impugned proceedings is violative of Articles 14, 300A and 19(1)(g) of the Constitution and forbid the respondents from proceeding in any manner in pursuance of the above referred impugned proceedings. 2. The writ affidavit filed by the petitioner herein shows that the petitioner is a Finance Company. Petitioner buys certain vehicles, machines etc., which are identified by their customers. In the present case, 4th respondent, who was interested in buying motor vehicle, approached the petitioner company with a request to purchase a vehicle for ...
Kilparthy Pandu Rangaswamy and ors. Vs. the Commissioner, Survey, Sett ...
Court: Andhra Pradesh
Decided on: Jun-17-1996
Reported in: 1996(4)ALT471
ORDERT.N.C. Rangarajan, J.1. This writ petition is directed against the order to the Commissioner of Survey, Settlements and Land Records, Hyderabad dated 12-8-91 dismissing the review petition on the ground that the 1st respondent has no power to review his own order under A.P. Regulation 2/70. It has been brought to my notice by the learned counsel for the petitioner that the Code of Civil Procedure applies to the proceedings under Rule 10 of the Rules framed under Regulation 2/70; consequently the provisions of one Section 114 of the Code of Civil Procedure are attracted. The review petition, was therefore, clearly maintainable. This perhaps is the reason why none has appeared to defend the 35 impugned order. The Impugned order is therefore set aside and the matter is restored to the file of the Commissioner of Survey, Settlement and Land Records, Hyderabad for making a fresh order on merits.2. The writ petition is allowed. No costs....
Khemdas Mutt, Rep. by Mahant Sri Bansidas, (Died) Per His L.R., Mahant ...
Court: Andhra Pradesh
Decided on: Jun-17-1996
Reported in: 1996(2)ALT1036
Syed Saadatulla Hussaini, J.1. Heard the Senior Counsel Sri Subramanya Reddy for the Appellant-petitioner and the learned Advocate General.2. The Appellant-petitioner, Khemdas Mutt, Chudi Bazar, Hyderabad represented by Mahant Purushottamdas challenges the validity of the Memo No. 52867/UC.II(2) /91-11 dated 27-12-1993 of the first respondent rejecting the request of the Appellant-petitioner for grant of exemption under the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter called as 'the Act') for the sale of its land measuring 14,775.00 square metres in premises No. 14-7-579-58 of Chudi Bazar, Hyderabad.3. The Appellant-petitioner has sought exemption for sale of the land on the ground that there is threat to the possession of the land by anti-social elements and land grabbers and that the sale is beneficial to the Religious institution and it will promote its objects. The Commissioner of Endowments, on the representation of the Appellant-petitioner, sought for exemption for ...
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