Andhra Pradesh Court October 1997 Judgments
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Richardson and Cruddas (1972) Ltd., Rep. by Its Dy. General Manager, R ...
Court: Andhra Pradesh
Decided on: Oct-24-1997
Reported in: 1997(6)ALT309
T.N.C. Rangarajan, J.1. This writ petition seeks a direction to the 1st respondent to consider the tender of the petitioner as eligible for acceptance.2. The Government of India had taken a loan from the Overseas Economic Co-operation Fund of Japan (hereinafter referred to as the 'Fund') towards execution of 400 KV Transmission Scheme from the Srisailam Left Bank Power House. The loan agreement dated 21-12-1992 provided that the Government shall authorise the Andhra Pradesh State Electricity Board (hereinafter referred to as the 'Board) to implement the project as the executing agency. Certain guidelines were spelt out for procurement and for employment of consultants in the agreement. Under Schedule IV, the procurement of all goods and services had to be in accordance with the procurement guidelines. The allocation of proceeds of loan was under five categories, Category 'A' being foreign currency portion and Category 'B' being local currency portion. With reference to Category 'B', th...
Bhanu Constructions Company Limited, Rep. by Its Director, B. Prasad a ...
Court: Andhra Pradesh
Decided on: Oct-24-1997
Reported in: 1997(6)ALT328
T.N.C. Rangarajan, J.1. This writ petition is directed against the award of Letter of Intent to the 4th respondent for the execution of 400 KV Transmission Lines under Srisailam Left Bank Power House Transmission Scheme.2. Facts:-The Government of India (hereinafter referred to as the 'Borrower') entered into a loan agreement No.IDP-85 dated 21-12-1992 with Overseas Economic Co-operation Fund (hereinafter referred to as the 'Fund') for obtaining funds for the implementation of the Srisailam Power Transmission System Project. The use of the proceeds of loan was given in Section 2 as follows:-'Section 2 : Use of Proceeds of Loan(1) The Borrower shall cause the proceeds of the Loan to be used for the purchase of eligible goods and services necessary for the implementation of the Project from Suppliers, Contractors or Consultants (hereinafter collectively referred to as 'the Supplier(s)') of the eligible source countries described in Schedule 4 attached hereto (hereinafter referred to as '...
Pranami Press Vs. Vinedale Distilleries Ltd.
Court: Andhra Pradesh
Decided on: Oct-23-1997
Reported in: [1998]94CompCas926(AP)
Krishna Saran Shrivastav, J.1. The question for determination is whether further proceedings should be stayed in view of the orders passed by BIFR on September 24, 1991, for framing the scheme for rehabilitation of the respondent-company 2. The petitioner-company has filed an application under sections 433(e), 434(1)(a) and 439(1)(c) of the Companies Act, 1956 ('the Act'), for winding up the respondent-company on the ground extent of Rs. 5,45,677 as per the statement of accounts of the petitioner-company with the respondent for the periods of 1992-93, 1993-94 and 1994-95. The last payment which was made by the respondent-company of Rs. 60,000 was in the month of November, 1994, leaving a balance as on December 11, 1995, to the extent of the aforesaid amount of Rs. 5,45,677 and by adding interest on that amount up to January 15, 1997, the total indebtedness comes to Rs. 7,78,431. 3. Heard learned counsel for both sides. 4. Notice before admission was given to the respondent-company. In ...
Prahami Press Vs. Vinedale Distilleries Ltd.
Court: Andhra Pradesh
Decided on: Oct-23-1997
Reported in: 1998(1)ALD687
ORDER1. The question for determination is whether further proceedings should be stayed in view of the orders passed by B.I.F.R on 24-9-1991 for framing the scheme for rehabilitation of the respondent-Company 2. The petitioner-Company has filed an application under Sections 433(e), 434(1)(a) and 439(1)(c) of the Companies Act, 1956, for winding up the respondent-Company on the ground that the respondent-Company isindebted to the petitioner-Company to the extent of Rs.5,45,677/- as per the statement of accounts of the petitioner-company with the respondent for the periods of 1992-93, 1993-94 and 1994-95. The last payment which was made by the respondent Company of Rs.60,00/- was in the month of November, 1994, leaving a balance as on 11-12-1995 to the extent of the aforesaid amount of Rs.5,45,677/- and by adding interest on that amount upto 15-1-1997, the total is Rs.7,78,431/-.3. Heard the learned Counsel of both sides.4. Notice before admission was given to the respondent-Company. In a...
Sudarshan Chemical Industries Ltd. and ors. Vs. State of Andhra Prades ...
Court: Andhra Pradesh
Decided on: Oct-23-1997
Reported in: 1998(1)ALD(Cri)45; 1998CriLJ2500
ORDER1. Since common questions arise in Crl.M.P. Nos. 4613 and 4614 of 1997, both were heard together and are being disposed of by a common judgment. 2. In these two petitions an issue of public importance that missed the eye of the legal profession came to light i.e., whether the accused/appellant has to attend the Court on everyday of posting in an appeal filed by him against the conviction and sentence given by the Court below. 3. The petitioner A-11, A-13 and A-14 were tried and convicted under Sections 3(k)(i)(VIII) read with S. 29(i)(a) of Insecticide Act (for short 'the Act') in C.C. No. 199 of 1988 and C.C. No. 200 of 1988 respectively by the Addl. Judicial First Class Magistrate, Bhimavaram and sentenced them to undergo R.I. for one year and to pay a fine of Rs. 1000/- each in both petitions respectively. Aggrieved by the said orders of conviction and sentence, they preferred Crl. Appeal No. 57/97 and 58/97 respectively on the file of the I Addl. Sessions Judge, West Godavari ...
Sub-divisional Forest Officer, Chennur Vs. Vijay B. Gulati and ors.
Court: Andhra Pradesh
Decided on: Oct-22-1997
Reported in: 1998(1)ALD117; 1997(6)ALT238
ORDERB. Subhashan Reddy, J.1. How a disabling legal provision confiscatory in nature has to be construed and what is the degree of disproof to be considered in such cases arises for consideration in this case, which came up by way of reference by a Division Bench doubting the proposition laid down by an earlier Division Bench in Forest Range Officer v. Pritam Singh, 1990 (1) ALT 156.2. Few facts, which are indisputable, may be necessary to be stated.3. The 1st Respondent is the owner of lorry bearing Registration No. MMP/1699. He is a resident of Bombay (now Mumbai) and the same was sent on hire for transporting ACC cement from Manchcrial of Adilabad district of Andhra Pradesh to Mumbai. The 1st Respondent was not accompanying the said vehicle and all the documents show that the said vehicle was engaged for transportation of cement from Manchcrial to Mumbai. The 2nd Respondent was the driver. The vehicle left Mumbai and was to pick up the cement at Mancherial in the second week of Dece...
D. Venkateshwara Rao Vs. Collector and ors.
Court: Andhra Pradesh
Decided on: Oct-22-1997
Reported in: 1998(1)ALT229
ORDERSyed Shah Mohd. Quadri, J.1. The petitioner challenges the validity of the notice of attachment dated 27-10-1988 issued under the Revenue Recovery Act by the second respondent, the Mandal Revenue Officer, Nizamabad as being illegal and arbitrary.2. The petitioner is a dealer in food grains and turmeric. He is carrying on the business in Nizamabad. The third respondent - the A.P. Civil Supplies Corporation invited tenders from transport contractors for transporting, storing and handling of edible oil in the Medak District for the period commencing from 29-5-1981 till the end of December, 1982. The agreement was entered into on 29-5-1981. In connection with the transporting of the edible oil, certain disputes arose between the petitioner and the third respondent. Whereas the petitioner claims that a sum of Rs. 1,30,000/- is payable to him by the third respondent, the third respondent claimed that a sum of Rs. 14,12,511.10 ps. was payable by the petitioner to it. For recovery of the ...
Devarakonda Rajesh Babu Vs. Nizam Institute of Medical Sciences and or ...
Court: Andhra Pradesh
Decided on: Oct-21-1997
Reported in: 1998(1)ALD53; 1997(6)ALT290
1. At issue, is the very important constitutional question as to whether area reservation basing on the residence in a particular region of a State of Andhra Pradesh prevails over the class reservation envisaged under Article 15(4) of the Constitution of India relating to admissions into educational institutions and more particularly, postgraduate medical courses.2. Both the writ petitions pertain to admission into M.S. Orthopaedics of Nizam Institute of Medical Sciences - a State-wide Institution - which is the deemed University. Reservations to Scheduled Tribes, Scheduled Castes and Backward Classes are in the ratio of 6:15:25 respectively. The following table, in various disciplines shows the number of seats conforming to the above ratio of reservation :Sl. NoCourseAvailable seatsReservation under Article 15(4) S.C. (15%)S.T. (6%)B.C. (25%)1.Anaesthesiology20.300.120.502.General Medicine30.450.180.753.Pathology20.300.120.504.Hospital Admn.20.300.120.505.Radio-Diagnosis20.300.120.506...
Official Receiver, Prakasham District Vs. Varra Nagi Reddy and anr.
Court: Andhra Pradesh
Decided on: Oct-21-1997
Reported in: 1998(1)ALD151; 1997(6)ALT623
ORDER1. The order of the learned Principal Subordinate Judge, Ongole in E.A.No.509 of 1997 in E,P.No.20 of 1994 connected with O.S.No-12 of 1987 is challenged.2. Petitioner is the Official Receiver of Prakasham district. He filed an application to stop the sale of the schedule property which was brought for sale in the execution proceedings by the 1st respondent. It was contended that the 2nd respondent was making hectic efforts to stop the sale and to cause delay in the realisation of the decree amount. The learned Subordinate Judge after hearing both sides came to the conclusion that there is no merit In the petition as the sharers of the other judgment-debtors are not going to be affected. The petition was thus closed with the observations saying that there is no need to stop the sale at that stage and permit the 2nd respondent to succeed in his attempts to prolong the litigation or to delay and defraud the 1st respondent in realisation of the E,P. amount.3. The learned advocate for...
Hindustan Shipyard Limited, Visakhapatnam Vs. Susarla Nagabhushana Rao ...
Court: Andhra Pradesh
Decided on: Oct-21-1997
Reported in: 1998(1)ALD195; 1997(6)ALT514
ORDERM.N. Rao, J. 1. These two writ appeals are brought against the common order passed by our learned brother T.N.C. Rangarajan, J., in W.P. Nos. 8952 and 20689 of 1995 by which the plea of the respondent-workmen that the appellant - Hindustan Ship Yard Limited -has no power to deduct the three months' notice pay paid to them under the voluntary retirement scheme by deducting the same from the wage revision arrears was accepted and a consequential direction was issued that they arc entitled to the notice pay with interest under the terms and conditions of the voluntary retirement scheme.2. The voluntary retirement scheme was introduced by the appellant for the purpose of achieving optimum man power utilisation and for improving the over-all performance levels of the organisation. An employee coming within the scheme will be entitled to the following benefits:1. The balance is the provident fund account as per the Provident fund Rules he is entitled to get. 2. Encashment of unavailed l...
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