Andhra Pradesh Court January 1997 Judgments
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D. Ravikanth Vs. Bapatla Engineering College and anr.
Court: Andhra Pradesh
Decided on: Jan-20-1997
Reported in: 1998(2)ALD218; 1998(4)ALT21
ORDER1. The petitioner's son a minor seeks admission into the first respondent college in the course of engineering.2. The petitioner submits that the minor appeared for the EAMCEM997 and obtained rank of 7,560. Obviously the minor could not secure admission into any engineering college on the basis of the above mentioned rank in the process of allotment made by the Convenor of EAMCET-1997 in accordance with the rules governing the allotment.3. In the absence of any allotment by the Convenor of EAMCET-1997, the minor seeks admission into the first respondent-college under a category of seats which are basically ear-marked for Non-Resident Indian students.4. The issue of management of private engineering colleges and medical colleges and the scope of the power of the private management to allot seats in the State of Andhra Pradesh is governed by the 'Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983, Section 3 of the said Act a...
G. Saramma and ors. Vs. Md. Jabbar Sharif and anr.
Court: Andhra Pradesh
Decided on: Jan-20-1997
Reported in: 1997(1)ALT299
Neelam Sanjiva Reddy, J.1. Claimants in O.P. No. 403/89 on the file of the Motor Accidents Claims Tribunal-cum-I Addl. District Judge, Guntur, preferred this appeal.2. Anjaiah and K. Krishnaiah were returning as fare paid passengers from Sattenapalli after selling chilly seeds on 26-9-89 by lorry AAT 4666 which was coming with a load of 'napa' slabs from Macherla to Guntur. There were also others travelling by the same lorry. The lorry met with an accident due to rash and negligent driving by its driver resulting in the death of Anjaiah and K. Krishnaiah on the spot. Wife, child and parents of the deceased preferred the above O.P. claiming a total compensation of Rs. 1,00,000/- from the owner and insurer of the lorry involved in the accident. The claim was resisted by the respondents. The Tribunal, after due enquiry, awarded a total compensation of Rs. 55,000/- against the owner of the vehicle and dismissed the petition as against the insurer finding that the deceased travelled in the ...
V. Praveen Kumar Fruit Co., Rep. by Its Prop. V. Praveen Kumar and ors ...
Court: Andhra Pradesh
Decided on: Jan-20-1997
Reported in: 1997(1)ALT828
P.S. Mishra, C.J.1. Heard.2. Writ Petitioners - appellants' applications before the Market Committee under the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966 for licence to function as Commission Agents have been rejected. They have moved this Court seeking for a direction to the Market Committee to grant licence to them. After taking notice of Rules 66 and 67 framed Under Section 33 of the Act, learned single Judge has opined that unless a Commission Agent has facilities he cannot function and perform the duties as envisaged under the Act and the Rules and since he has found that the appellants did not provide all the required facilities, if the Market Committee declined to grant licence to them, it committed no error of law or caused any legal injury to the writ petitioners - appellants. Learned counsel for the writ petitioners - appellants, however, has drawn our attention to Section 32 of the Act, which provides inter alia as follows:'Power of the Government ...
N. Subramanyam Vs. Chairman Visakhapatnam, Port Trust and ors.
Court: Andhra Pradesh
Decided on: Jan-19-1997
Reported in: 1998(2)ALD509; 1998(1)ALT501
ORDER1. Petitioner seeks a writ of Certiorari calling for the records relating to the orders passed by the third respondent in proceedings No.E/ dated 19-2-1994 as confirmed by the first respondent in his oroceedings No. Al/Mech. 1/ Perl.NS/94. dated23-6-1994 and to set aside the said proceedings by holding them as arbitrary, unjust, illegal and violative of the principles of natural justice. Petitioner further seeks a direction to respondents 1 to 3 to reinstate him as Driver (Upgraded) in the Visakhapatnam Port Trust by duly counting the period of his absence for 19-2-1994 till the date of reinstatement as on duty with all consequential benefits.2. Petitioner states that he studied in C.B.M. High School, Visakhapatnam during the year 1960-61. On account of financial stringencies, he joined the Indian Army as a driver as he had Heavy Truck Driving Licence. Due to compelling circumstances,he sought retirement from Indian Army and accordingly he was discharged from army service.3. Accor...
B. Eranna Vs. Government of A.P. Rep. by Its Secretary, Co-operation D ...
Court: Andhra Pradesh
Decided on: Jan-18-1997
Reported in: 1997(1)ALT813
D.H. Nasir, J.1. An Executive Secretary of the Co-operative Society is questioning the legality of the orders passed by the Co-operative Society placing him under suspension in this Writ Petition. The petitioner himself admits in para 2 of his affidavit that during his tenure there were many changes in elected persons as a result of which he could not execute his work according to the duties entrusted to him to the satisfaction of successful managements. The writ petitioner claims that once he was appointed as the Secretary and was allotted to Co-operative Society, he became a permanent employee and he could not be changed 'at any costs' according to the whims and fancies of the members of the Executive Committee of the Society. According to him, bye-law No. 12 of special bye laws relating to the service conditions of employees of Primary Agricultural Co-operative Societies, specifically provided that while placing the Secretaries under suspension, the society should consult the Distri...
H.H. Jagadguru Channa Basava, Mahaswamy, Matadhipathi Vs. Comissioner ...
Court: Andhra Pradesh
Decided on: Jan-17-1997
Reported in: AIR1997AP213; 1997(1)ALT451
ORDER1. The current phenomenon is that Religious Charities and Endowments, Religious Institutions and Maths are quite often brought under the spell of bureaucracy thereby defeating the very goals for which these institutions were founded or established. The bureaucracy alone cannot be balmed for such sorry state by affiars. It is expected that by the exemplary conduct, character, piety, erudition and dedication the spiritual heads should inspire faith in their devotees in particular and the people at large in general. But, it is quite often complained that the modern heads of these institutions, by and large, tend to imbibe in them the art of political manoeuvers and greed to enrichments in terms of wealth as well as power at secular and temporal planes rather than to pursue the age-old path of Moksha or Nirvana as mandated by the great rishis and preceptors and in this process the bureaucracy and the statutory authorities readily find one or the other loophole or excuse to usurp the p...
Maheshwar Rao P. Vs. Presiding Officer, Labour Court and anr.
Court: Andhra Pradesh
Decided on: Jan-17-1997
Reported in: 1997(1)ALT326
ORDER1. This Writ petition filed by the workman is directed against the award dated October 24, 1990 passed by the Labour Court, Godavarikhani in Industrial Dispute No. 227/90 dismissing the industrial dispute. 2. The petitioner joined the services of the Andhra Pradesh State Road Transport Corporation in the year 1987. On August 22, 1989 he was conducting the bus on the route Mancherial-Jannaram. The Officials of the checking squad of the Corporation exercised a check at stage No. 8/9 and detected certain cash and ticket irregularities and reported the matter to the second respondent Depot Manager who is the disciplinary authority, under the Regulations. The disciplinary authority, not being satisfied with the spot explanation offered by the 5 petitioner, thought it fit to initiate disciplinary proceedings against the petitioner. Accordingly a charge memo was issued to the petitioner. The following are the charges : '(1) For having violated the rule 'issue and start'. (2) For having a...
Bharat Heavy Plates and Vessels Ltd. Vs. B.H.P.V. Canteen Employees Un ...
Court: Andhra Pradesh
Decided on: Jan-17-1997
Reported in: 1997(2)ALD319; 1997(1)ALT430; (1997)ILLJ1053AP
P.S. Mishra, C.J.1. Heard. 2. Management of M/s. Bharat Heavy Plates & Vessels Limited, a Government of India Undertaking, has preferred this appeal against the judgment, which reads as follows : 'Heard the learned counsel for the petitioner and the counsel for the respondent No. 1. It is stated by both the counsel that the point raised in this Writ Petition is covered by the judgment of this Court in W.P. No. 5682 of 1992, dated October 30, 1995, reported in V. S. T Industries Canteen Workers Union v. V. S. T Company Ltd. : (1998)IIILLJ450AP . Following the said judgment, this writ petition is allowed in terms of the said judgment.' 3. The main judgment in Writ Petition No. 5682 of 1992, : (1998)IIILLJ450AP came up in appeal in Writ Appeal No. 430 of 1996, which was heard along with Writ Appeal No. 385 of 1996, and affirmed by a Division Bench of this Court. In Writ Appeal No. 385/1996, : (1998)IIILLJ896AP the Court has considered the principles in the case of Bharat Heavy Electricals...
Sada Nirmala and ors. Vs. Indrapaul Singh and anr.
Court: Andhra Pradesh
Decided on: Jan-17-1997
Reported in: 1997(2)ALT275
B.K. Somasekhara, J.1. The award of the Motor Accidents Claims Tribunal, Nizamabad, in O.P, No. 679 of 1988 dated 10-10-1990 is in challenge. The appellants being the claimants viz., wife and children of one Sada Bhaskar, who died in a motor vehicle accident, which occurred on 22-5-1983 while the deceased was travelling as a pillion rider on the motor-cycle bearing No. APJ 8689 whose rider was respondent No. 1, Respondent No. 2 is the Insurer. During the enquiry, the Tribunal found that the accident was due to the negligence of respondent No. 1. While awarding the compensation of Rs. 25,000/- as against respondent No. 1, the Tribunal held that respondent No. 2-Insurer is not liable to indemnify respondent No. 1 in paying the amount under the award. Aggrieved by that, the appeal is filed.2. The unassailed finding of the Tribunal is that the deceased travelled on the motor-cycle at the behest of respondent No. 1, while the rider was to attend a marriage. The Tribunal relying upon the thr...
Cap. T. Ravinder Singh Vs. National Remote Sensing Agency Rep. by Dire ...
Court: Andhra Pradesh
Decided on: Jan-17-1997
Reported in: 1997(2)ALT269
M.H.S. Ansari, J.1. The petitioner in the above writ petition has questioned the legality and validity of the appointment of the Respondents 2 and 3 as 'Trainee Pilots' in Respondent No. 1 Organisation.2. The petitioner is a Pilot by profession having a valid Commercial Pilot Licence (for short 'CPL') with flying experience of more than 800 hours and also possessing a Pass Certificate of B-200 Aircraft Technical Examination. Respondent No. 1 by an Advertisement No. 10-95/96, dated 25-3-1996 published in INDIAN EXPRESS NEWSPAPER invited applications for the post of 'TRAINEE PILOT' in the 1st respondent Organisation.3. The petitioner submitted his application pursuant to the said advertisement and was called for interview. It is the contention of the petitioner that 11 candidates appeared for the interview and none were having the flying experience of around 500 hours as advertised and that Respondent No. 2 was allowed to appear in the interview without having valid CPL. It was the furth...
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