Andhra Pradesh Court October 1997 Judgments
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K. Srisailam Vs. Andhra Pradesh State Handloom Weavers Co-operative So ...
Court: Andhra Pradesh
Decided on: Oct-16-1997
Reported in: 1998(4)ALD181; 1998(1)ALT588
ORDER1. Aggrieved by the orders of the respondent in Ref.No. L & C/L4/ Mangalagiri/H.L.R.D.C./96, dated 31-10-1996 refusing to re-consider the order of dismissal dated 05-03-1983, in the light of the changed circumstances, the petitioner approached this Court for setting aside the said order by issuance of writ of mandamus and consequently to direct the respondent to reinstate him into service with all consequential benefits.2. The undisputed facts of this case are that the petitioner was appointed as Asst. Sales Manager in the year 1960 and by the year 1980 he became Marketing Officer by earning promotions from time to time with an unblemished record. At the relevant point of time he was working in the Research and Development Centre, Mangalagiri. While things stood thus, on 18-09-1980 the petitioner along with four others including one Mr. Chandrasekhara Rao, who was working as cashier in the Centre were suspended on the ground that they embezzled the funds of the respondent Society....
Jeses and Mary Educational Society Vs. All India Council for Technical ...
Court: Andhra Pradesh
Decided on: Oct-16-1997
Reported in: 1998(4)ALD249
ORDER1. The petitioner is a society registered under the A.P. (Tclangana Area) Societies Registration Act,. 1350 Fasli. It is a minority institution recognised by the Commissioner of Collegiate Education by proceedings dated 30-5-1996. Respondent No.l is AH India Council for Technical Education (AICTE - in short 'the Council') established under Section 3 of All India Council for Technical Education Act, 1987 (in short 'the Act'). Respondent No.2 is the University Grants Commission (UGC). Respondents 3 to 8 are colleges offering courses in Post Graduate Diploma in Management, Computer Sciences and Engineering (in short PGDM course). The petitioner and respondents 3 to 8 are not affiliated to any University. The petitioner resolved to establish Christian Minority Post Graduate College in the name of Holy Bharati P.O. College, at Hyderabad. Efforts were made to seek affiliation of the petitioner's college with the Osmania University in futility. The petitioner proposed to offer MBA course...
Modern Service Station, Hyd. Vs. Government of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Oct-16-1997
Reported in: 1998(4)ALD163; 1997(6)ALT521
ORDER1. These two writ petitions challenge G.O. Ms. Nos.32 and 33 both dated 9-4-1996 by which approval was given to the A.P. Housing Board to sell 238.33 square yards of land at M J. Road, Hyderabad to M/s. Modern Service Station and 189.33 square yards of land at M.J. Road, Hyderabad to Sri B. Dayanand each at the rate of Rs.10,000/- per square yard or at the market value of the land whichever is higher.2. The background of this case is that the City Improvement Board and the Housing Board had given certain open land in various places at Hyderabad and Secunderabad during the years 1952 to 1988 on lease basis. The rent being little, the Housing Board enhanced the same. Thelease-holders filed WP No.1101 of 1986 and the High Court held on 19-12-1988 that the Board has no power to enhance the rent. In order to resolve this issue, the Board decided to sell the lands at market value and aSub-Committee was appointed to inspect the land and submit a report to the Board. The Sub-Committee ins...
E. Venkateswarulu Vs. Y. Suryanarayana, C.i. of Police
Court: Andhra Pradesh
Decided on: Oct-16-1997
Reported in: 1998(2)ALT65
ORDERV. Raja Gopal Reddy, J.1. In Writ Petition No. 1140/97 filed by the petitioner seeking a direction to respondents 1 to 3 not to interfere with the eviction of the godown of the petitioner at Visakhapatnam, being subject matter of a civil suit, this Court passed an order dt. 25-1-97, while issuing notice before admission, as follows:'The respondents are directed not to interfere with the civil dispute relating to the petitioners and not harass for whatever reasons.'It is now stated by the petitioner in this Contempt Case that on the same date the consignments in the godown were thrown out and the employees were not permitted to enter into the premises. But after seeing the order of this Court, which was produced by the petitioner, the respondent permitted the petitioner and the employees of the petitioner-Company, to re-occupy the building. However, it was alleged, on 22-3-97 (sic. 23-2-97) at about 12 noon five constables came and asked the petitioner and other employees of the Co...
S. HussaIn and anr. Vs. Shah Purchand and ors.
Court: Andhra Pradesh
Decided on: Oct-15-1997
Reported in: 1998(2)ALD244; 1998(2)ALT669
ORDERP. Venkata Rama Reddy, J.1. This L.P, A. arises out of thejudgment of our learned brother Gopal Rao J., in AS.No. 1565 of 1984 filed by the respondent-plaintiff against the judgement in O.S.No. 12 of 1979 (On the file of Additional Subordinate Judge, Guntur).2. The suit was filed by the respondent-plaintiff for specific performance of the agreement of sale dated 19-9-1976 (Ex: A, 1) admittedly entered into between the first defendant in the suit acting for himself as well as the minor sons i.e. Defendant Nos.2 and 3 and the plaintiff. An alternative relieffor awarding 'damages' to the tune of Rs.40,000/- representing die consideration paid under Ex:A.1 was also sought for. The suit schedule properly consists of two mulgies/shops together with adjacent vacant site situate in Guntur town. It is not in dispute that the suit schedule premises is part of the larger building belonging to defendant Nos.1 to 3 which was subsequently purchased under an agreement of sale dated 27-3-1978 (Ex...
M. Mohan Reddy Vs. T. Damodar Dass, Nalgonda
Court: Andhra Pradesh
Decided on: Oct-15-1997
Reported in: 1998(3)ALD127
ORDER1. This contempt case is filed by the petitioner contending that the order of this Court in W.P.No.6927/1997 dated 22-4-1997 was not implemented in the true spirit. In other words his case for promotion for Traffic Inspector Grade-11 was not considered inspitc of the directions of this Court.2. The respondents filed a counter wherein they contended that the post of Traffic Inspector Grade-11 is a selection post and the Selection Committee constituted for selecting the candidates conducted interviews from 12-8-1997 and prepared a panel of75 candidates. But, the petitioner could not come up for selection. With the result he was not promoted to the post of Traffic Inspector Grade-II. Countering the arguments of the respondent's Counsel Mr. V.R. Balachary strenuously contended that the members of the department of the Selection Committee did not interview him on the subject except stating that you were reinstated to duty pursuant to the orders of the Court and asked him to leave the h...
V.V.L. Narasu Vs. V. Sreerama Murthy
Court: Andhra Pradesh
Decided on: Oct-15-1997
Reported in: 1997(6)ALT691
D.H. Nasir, J.1. In this Revision Petition, the controversy is confined to production of a Will claimed to have been executed on 22-2-1963. On an earlier occasion, by an order passed on 5-8-1993 in C.R.P.No. 3515/91, the learned single Judge of this High Court held that the trial Court was justified in rejecting the Will dated 22-2-1963 after observing that the appellate Court directed the trial Court to submit a finding with regard to the Will dated 30-7-1979 regarding its genuineness.2. In the impugned order in I.A. No. 15 of 1995 in A.S. No. 115 of 1985 dated 8-3-1995, the learned I Addl. District Judge, Krishna, at Machilipatnam, observed that the exclusive title and possession claimed by the original plaintiff could be properly appreciated in the light of the Will dated 22-2-1963, the mention of which found place in the written statement and evidence of the defendant and, therefore, in the interests of justice, its acceptance in evidence for the purpose of appreciation was necessa...
V.S.R. Murthy and ors. Vs. Engineer-in-chief (irrigation Wing), I and ...
Court: Andhra Pradesh
Decided on: Oct-15-1997
Reported in: 1997(5)ALT696
P. Ramakrishnam Raju, J.1. The petitioners in these writ petitions were all employees who have put in 8 to 10 years of service in Hyderabad Allwyn Limited (for short 'HAL'), which is a State Government Public Sector Undertaking, who have been deployed in various Government Departments for the past three and half years in pursuance of a Scheme settled by the Board for Industrial and Financial Reconstruction (for short 'BIFR'). As the Supernumerary posts created in various Government Departments and Corporations wherein the petitioners were absorbed are abolished under G.O.Ms. No. 192, Industries & Commerce (IFR.II) Department, dated 1-10-1996 some of the above writ petitions are filed questioning the said G.O. Later A.P. Ordinance No. 25/96 was promulgated, followed by Act 14/97 for the same purpose which were also challenged in other writ petitions.2. In the counter-affidavit filed by the Deputy Secretary to Government, Industries & Commerce Department, it is stated that M/s. Hyderabad...
Kanbhampati Srihari Vs. Nallamalli Kanchivaradharanjan and ors.
Court: Andhra Pradesh
Decided on: Oct-14-1997
Reported in: 1998(1)ALD3; 1998(1)ALT510
1. Having heard both sides, this appeal has to be admitted to dispose of the following questions of law:(1) Whether there is right of privacy in India? (2) Whether the plaintiffs in O.S.No. 158 of 1986 (who are the respondents herein) have pleaded customary right of privacy with reference to Illustration (b) of Section 18 of the Indian Easements Act, 1882 (Act V of 1882) and, if so whether they have proved the same? (3) Whether the Courts below were right in accepting the right of privacy pleaded by the plaintiffs in regard to the opening of the window by the defendant (appellant herein) in the southern wall of his building? (4) Whether the judgment and decree of the Court below in upholding the right of privacy of the plaintiffs is legal? (5) Whether the Judgments and decrees of the Courts below deserve to be confirmed or set aside? 2. The respondents herein are the plaintiffs and the appellant is the defendant in O.S.No. 158 of 1986 on the file of I Additional District Munsif, Ongole...
T. Narendra Chowdhary Vs. N.M. Choudhary and ors.
Court: Andhra Pradesh
Decided on: Oct-14-1997
Reported in: 1998(2)ALT87
P.S. Mishra, C.J. 1. Heard. 2. Having gone through the impugned order, perused the description of the events and seen a large number of almost alarming disputes between the parties, whether in their own name or in the name of someone else who is only a mouth-piece on their behalf, the court has been persuaded to take the view that piecemeal determination of disputes has instead of resolving the controversies been escalating the controversies and creating confusion in the functioning of the society. When offered to consider the desirability of getting all disputes determined by a Body of arbitrators, with the consent of the parties, learned Counsel for the parties have taken time and consulted their respective clients. A proposal has accordingly been mooted at the Bar that M/s. P. Rama Rao, J. Retired Judge of this Court, N. Subba Raju, former Vice-Chairman, Andhra Pradesh Administrative Tribunal and D. Venkayya Chowdary, Cardiologist and former Chairman of Andhra Pradesh Public Service...
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