Andhra Pradesh Court October 1997 Judgments
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Sitani Roller Flour Mills Pvt. Ltd., Medchal, R.R. Dist. and Others Vs ...
Court: Andhra Pradesh
Decided on: Oct-14-1997
Reported in: 1999(2)ALD143
1. Five different firms have filed writ petition No.5762 of 1997 against the Food Corporation of India and five others, for obtaining a writ of Mandamus directing the respondents 2 and 3 to supply January 1997 wheat quota at the price prevailing prior to 5-2-1997, Similarly in WP No.5495 of 1997 four different firms have sought similar directions against the respondents 2 and 3 and in WP No.8553 of 1997 one firm has sought similar directions against the respondents 2 and 3. Since issues involved in all the three writ petitions are the same, the same are being dealt with and disposed of by this common judgment.2. The petitioner's case is that wheat and wheat products were declared as essential commodities in the recent past before the writ petitions were filed. Since wheat was brought within the purview of State Licensing Order i.e., the A.P. State Schedule Commodities Dealers (Licensing and Distribution) Order, 1982, the State Government through a (hree member committee had been fixing...
B. Sudarshan Reddy Vs. Joint Collector, R.R. Dist, Hyderabad and anr.
Court: Andhra Pradesh
Decided on: Oct-14-1997
Reported in: 1998(2)ALD648; 1998(1)ALT12
ORDER1. These two Civil Revision Petitions are filed to set aside the order dated: 19-8-1991 passed by the Joint Collector, R.R. District in Proceedings No.B4/1 1628/89.2. The facts, in brief, resulting in filing of these revision petitions are:An application for validation of an unregistered sale deed was submitted to the Tahsildar, Ibrahimpatnam on 31-3-1972 under Section 50-B of A.P. (Telangana Area) Tenancy & Agricultural Lands Act, 1950 (hereinafter called as the Act) alleging that the lands in S.Nos. 197, 200, 201, 206, 207, 252, 255, 256, 258, 259, 260, 261, 262 & 263 situated in Kappapahad village in Ibrahimpatnam Mandal admeasuring 98.21 acres were purchased for valuable consideration from one Yella Reddy and that the purchasers have been in possession of the same since the date of sale. The Tahsildar issued validation Certificate under Section 50-B of the Act on 10-5-1972 after due enquiry in the names of P.Srinivasa Reddy, V.Narayana Reddy and V.Rosi Reddy. Theirnames were a...
K. Rajesh Babu Vs. Superintendent of Police and ors.
Court: Andhra Pradesh
Decided on: Oct-14-1997
Reported in: 1997(2)ALD(Cri)673; 1997(6)ALT1
P.S. Mishra, C.J.1. This reference seeking review of the judgment by a Bench of this Court in W.P.No. 13920 of 1997 has been placed before the Special Bench constituted for the purpose of examining whether the observations and directions therein to the A.P. State Legal Services Authority constituted under Section 6 of the Central Act 39/87 are sustainable.2. By a petition under Article 226 of the Constitution of India, one K. Rajesh Babu has alleged that he and his father were arrested by the police on 27/28-6-1997 in the night and taken to the S.R. Nagar Police Station. His father was brutally beaten up by the police. They were shifted in a jeep to Chevella Police Station and illegally confined till 30-6-1997. The Officer-in-charge, the Sub-Inspector of Police, demanded Rs. 20,000/- and when the petitioner expressed his inability to do so, he (the Officer-in-charge) suggested to him to sell away his television set and other household articles and to arrange the said amount of money. U...
Seela Venkata Subbaiah Vs. Jinka Muni Swamy and anr.
Court: Andhra Pradesh
Decided on: Oct-14-1997
Reported in: 1997(6)ALT654
D.H. Nasir, J.1. This Revision Petition is directed against the order passed by the Sub- ordinate Judge, Proddatur in SR. No. 4809/95 dated 7-11-1995, rejecting the plaint of the plaintiff/ petitioner as barred by limitation.2. An office objection was taken that the suit was prima facie barred by the law of limitation. The matter was, therefore, posted before the Court for removal of the office objection so that the plaint could be registered and regularly numbered. The learned Judge of the lower Court rejected the plaint by recording a finding that the suit was barred by limitation without even framing a preliminary issue on the question of the suit being barred by limitation. The plaint itself contained an averment to the effect that the suit was not barred by limitation and, therefore, it was not proper to decide that issue conclusively at the threshold of the inception of the suit depriving the plaintiff the opportunity of making out his case how the suit was not barred by limitati...
Chandra Plastic Industries Rep. by Proprietor, S. Poornachandra Rao Vs ...
Court: Andhra Pradesh
Decided on: Oct-14-1997
Reported in: 1997(6)ALT778
D.H. Nasir, J.1. The Civil Revision Petition arises from an Interlocutory Order passed by the lower Court refusing to stay the suit proceedings taken by the plaintiff/ petitioner itself. The suit is filed for obtaining a declaration that the defendant/ respondent had committed an infringement of the Copyright registered in favour of the plaintiff/petitioner.2. The grounds taken by the lower Court for refusing to stay the suit proceedings were that the petition for stay was made at a stage when the suit was posted for arguments and that the petition was made with a mala fide intention of protracting the suit proceedings. The plaintiff/petitioner urges that common question of law and fact arise in the suit proceedings on one hand and the rectification proceedings on the other, and that the order in rectification proceedings in Case No. 13 of 1993 before the Copyright Board would be conclusive, which made it necessary that the suit proceedings should be stayed so as to avoid the possibili...
Secunderabad Club, Picket, Secunderabad Vs. Addl. Industrial Tribunal- ...
Court: Andhra Pradesh
Decided on: Oct-14-1997
Reported in: 1998(4)ALD406
1. The petitioner (M/s. Secunderabad Club) in this writ Petition is challenging the Award of the Additional Industrial Tribunal-cum-Additional Labour Court, Hyderabad, in I.D.No.259 of 1992 dated 15-9-1994 by which the 2nd respondent (R.Anil Kumar) was directed to be reinstated in service with full back wages and continuity of service apart form wages as per the minimum wages fixed by the Government for the post of Clerk-cum-Typist.2. The 2nd respondent was appointed as a Typist-cum-clerk on temporary basis with effect from 19-7-1991 vide appointment order dated 2-8-1991. His services came to be terminated abruptly in accordance with Clause 6(3) of the Service Conditions. No notice of termination was given nor any reasons were assigned for terminating his services. According to the petitioner-Club, the 2nd respondent was temporarily appointed becauseof exigency of typing work to clear off certain urgent and pending typing work and after completion of the same, the temporary services of...
N. Anjaneyulu Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Oct-14-1997
Reported in: 1998(4)ALD377
ORDER1. The petitioner has filed the above writ petition assailing the notification under Section 4(1) of the Land Acquisition Act, 1984 (for short 'the Act').2. The case of the petitioner is that an extent of land admeasuring Ac.4.89 cts comprised in Sy.No.384 of Gundlapalli village, Maddipadu Mandal, Prakasam District said to be belonging to the petitioner is sought to be acquired under the Land Acquisition Act for the purpose of providing house-sites to backward classes. A notification under Section 4(1) of the Act was published on 15-3-1996. The same was also published in two newspapers viz., Andhra Prabha dated 20-3-1996 and Janata dated 23-3-1996. The urgency clause under Section 17(4) was invoked and enquiry under Section 5A was dispensed with. The declaration under Section 6(1) was published in the District Gazette dated 18-3-1996. The same was also published in two newspapers viz., Andhra Prabha dated 23-3-1996 and Janata dated 20-3-1996.3. The aforesaid acquisition proceeding...
Veeramreddi Nagabhushana Rao Vs. State of A.P. Rep. by Authorised Offi ...
Court: Andhra Pradesh
Decided on: Oct-14-1997
Reported in: 1998(1)ALT35
D.H. Nasir, J.1. An important question for our consideration in this Civil Revision Petition is whether the land covered in a lease granted in favour of the 3rd party could be excluded from the declaration under A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for short ' The Act').2. The Land Reforms Appellate Tribunal by its impugned judgment dated 18-7-1994 made in L.R.A.No. 94 of 1990 while dismissing the present petitioner's appeal observed that the lower Tribunal rightly did not keep reliance on the report of the Commissioner because no sanctity could be attributed to his report in respect of the lands of Panasapadu village and the alleged non-agricultural portions did not find place in the adangal or in the declaration and also because there was no evidence on the record to show as to when the alleged bore-shed was erected. The Tribunal also took into consideration that the electric motor would have been installed in the shed and electricity charges would have bee...
G. Malakonda Reddy Vs. Andhra Bank Officer Union and anr.
Court: Andhra Pradesh
Decided on: Oct-13-1997
Reported in: 1998(1)ALD197; 1997(6)ALT90
ORDERP.S. Mishra, C.J. 1. Instant appeals under Clause 15 of the Letters Patent of the Court by the second respondent in the WritPetition No.15363 of 1996 and fourth respondent in Writ Petition No. 11873 of 1996, declaration in whose favour by the Civil Court and consequent correction of the entry in the Service Book of the Andhra Bank in respect of his Date of Birth is nullified by the impugned judgment in proceedings under Article 226 of the Constitution of India, has raised two important questions:(i) Docs the petitioner in Writ Petition No. 15363 of 1996 - Andhra Bank Officers Union and Writ Petition No. 11873 of 1996 Andhra Bank Depositors' Welfare Association, has locus standi to question the correction of the said entry; and (ii) Whether a correction which has been carried out in respect of Date of Birth of the second respondent and fourth respondent respectively in Writ Petition Nos.15363 of 1996 and 11873 of 1996, on the basis of a decree in a Civil Suit -O.S.No.170 of 1987 d...
Divisional Railway Manager, South Central Railway, Vijayawada and anr. ...
Court: Andhra Pradesh
Decided on: Oct-13-1997
Reported in: 1998(1)ALT40
ORDER1. The common question which arises for decision in these writ petitions is whether the licensed porters, who are employed in the Parcel Offices of the Railway, are entitled for payment of the minimum wages as per the Minimum Wages Act, 1948 (hereinafter referred to as the Act). 2. The competent authority under the Act held in favour of the porters and directed the Railway Administration to pay not only the difference of wages claimed but also a further sum equivalent to the difference of wages as one time compensation. Questioning the said orders of the authority, these writ petitions are filed by the Railway. 3. It is not in dispute that employment in loading and unloading in Railways' goods sheds, docks and ports was brought within the purview of the Act by adding the same to Part-1 of the Schedule to the Act vide Notification No. S.P. 2092 date April 23, 1983 issued by the Central Government which is the appropriate Government. Likewise employment in ashpit cleaning on Railway...
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