Andhra Pradesh Court November 1997 Judgments
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K. Venkata Rao Vs. Government of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Nov-25-1997
Reported in: 1998(1)ALD344
ORDER1. The petitioner in the instant writ petition is aggrieved by the action of the first respondent in issuing G.O.Ms.54, Labour Employment Training and Factories Lab.II) Department, dated 14-10-1997 appointing the second respondent herein as Chairman of the State Advisory Contract Labour Board even before the expiry of the term of the petitioner as Chairman of the Board. The petitioner, therefore, prays for issuance of an appropriate writ, more particularly one in the nature of Writ of Mandamus declaring the said Governmental Order as arbitrary, illegal and. unconstitutional. The petitioner also prays for issuance of an appropriate consequential direction, directing the first respondent herein to continue the petitioner as the Chairman of the Board till 9-5-1998 that is to say the expiration of the term of the petitioner as Chairman of the Board.Factual Matrix 2. The first respondent herein in exercise of its power under Section 4 of the Contract Labour (Regulation and Abolition) A...
Bombay Glass Blowing Industries Vs. Bio Vaccines Private Limited
Court: Andhra Pradesh
Decided on: Nov-25-1997
Reported in: 1998(1)ALD390; [1999]98CompCas174(AP)
ORDER1. This is a petition for compulsorily winding up the respondent-company under Sections 439(1)(b) and 433(e) read with Section 434(1)(a) of the Indian Companies Act, 1956.2. The admitted facts of the case, in short, are that the petitioner-company had supplied on credit vials and ampoules etc., from time to time between the years 1990 to 1993 to the respondent-company through invoices which are at Ex.Pl to Ex.P12. As on 31-3-1994, an amount of Rs, 9,02,322/- was due to be paid by the respondent-company to the petitioner-company against supply of goods on credit. The respondent-company did not pay the said amount, therefore, the petitioner-company had sent notices as also the statutory notice, a copy of which is at Ex.P13. under Sections 433(e) and 434(l)(a) of the Indian Companies Act, 1956. After receipt of this notice, the respondent-company paid a sum of Rs.2,00,000/- leaving a' balance of Rs.7,02,322/-. The respondent-company paid the balance amount of Rs. 7,02,322/- during th...
Perle Venkateswarlu and ors Vs. Gadamsetty Badari Narayana and anr.
Court: Andhra Pradesh
Decided on: Nov-25-1997
Reported in: 1998(1)ALD705; 1998(1)ALT769
ORDER1. The order of the learned Sub-Judge, Ongole in R.C.A.10 of 1992 dated 24-1-1997 dismissing it and confirming the order of the learned Rent Controller and District Munsif, Ongole in R.C.C.11/1986 dated 30-3-1992 is challenged.2. The petitioners being the tenants of the demised premises of which the respondents are claiming to be the owners, are seekingrestoration of amenity, a passage to the demised premises which is said to have been blocked by the respondents by putting a lock to the door. The demised premises is an open verandah or a portion in front of the building belonging to the respondents which was being used by the petitioners for carrying on the business in metals. The demised premises described in portion of door No.23-1-3-37, Gandhi Nagar, Ongole. The Respondent No.2 Smt. Gadamsetti Hymavathi was the original owner of the suit properly. She sold it to Respondent No. 1. Petitioner No. 1 is said to be the original tenant ofwhom, Petitioners 2 and 3 are the legal repres...
Pandi Ramulu Vs. Agent to Government, E.G. District, Kakinada and ors.
Court: Andhra Pradesh
Decided on: Nov-25-1997
Reported in: 1998(1)ALD783; 1998(1)ALT179
1. The petitioner states that he is the owner of the land to the extent of Ac. 1.00 in Survey No.31 of Sarbavaram village. He submits that, in addition to this land he has one more piece of land measuring Ac. 1.00 and in all he has two acres of land. The village Sarbavaram where the land situate is part of Scheduled area, therefore the Land Transfer Regulation 1 of 1959 is applicable to the area The petitioner states that, the land was originally purchased by one Tirupaihi Ramaiah from a Tribal in the year 1927 after obtaining permission from the then Agent to the Government. Thereafter, part of the land to the extent of Ac. 1.25 cents was sold by the said Tirupathi Ramaiah to Chetlapalli people in the year 1940. From them the present petitioner purchased the land in the year 1964. The remaining piece of land to the extent of Ac. 1.00 was taken in mortgage by the petitioner in the year 1964 but was purchased by him in the year 1970. The petitioner claims to be in possession of the land...
Kwality Construction Engineers Vs. University Engineer, Central Univer ...
Court: Andhra Pradesh
Decided on: Nov-25-1997
Reported in: 1998(2)ALD3; 1998(1)ALT791
ORDER1. This is an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short, 'the Arbitration Act') for appointment of sole Arbitrator to decide various disputes arising out of the agreement dated 22-8-1990.2. The admitted facts of the case, in brief, are that the petitioner-contractor had submitted its tender in answer to the notice inviting tenders issued by the first Respondent for construction of indoor and outdoor stadiumsat the University Campus in the year 1990. The petitioner-contractor's tender was accepted by the 1st Respondent and an agreement was executed. A Work Order bearing No.UH/Engg./308/90-91/162 was issued. The total value of the work was Rs.32,74,899.00 and the work was required to be completed by 6-9-1991. However, the assigned work was completed by the petitioner-contractor in the month of November, 1992. Final bill of Rs.15,042/- was paid to the petitioner-contractor on 16-10-95 through cheque dated 28-9-1995. There was an arbitrat...
M. Ramakrishna Vs. Nayudu Suryanarayana and Others
Court: Andhra Pradesh
Decided on: Nov-25-1997
Reported in: 1998(2)ALD1; 1998(2)ALT561
ORDERSyed Shah Mohammed Qqadri, , A.C.J.1. These three cases raise a common question; so they are heard together and are being disposed of by a common judgment.2. The petitioner in WP No.198355 of 1995 is the petitioner in WP No.25360 of 1997. The first named writ petition was disposed of by a learned single Judge on July 28, 1997. Assailing the validity of the said order, the second respondent-the Gorinta Primary Agrl. Co-operative Society, Gorinta, Peddapuram Mandalam, East Godavari District filed the writ appeal. The petitioner in WP No.25333 of 1997 is also an employee of the appellant-society in WA No. 1289 of 1997. The proceedings which gave rise to these cases are the orders of suspension passed by the appellant-society against the employees pending enquiry. While allowing WP No.19835 of 1995, the learned single Judge, by order referred to above, inter alia directed that the suspension orders be kept in abeyance and that the respondent-society would be at liberty to initiate dep...
Advocate-general, Andhra Pradesh, Hyd. Vs. B. Sugunakar Reddy
Court: Andhra Pradesh
Decided on: Nov-25-1997
Reported in: 1998(3)ALD183; 1998(1)ALT102
ORDERS. Parivatha Rao, J.1. This case of Criminal Contempt of the Court of Munsif Magistrate at Ibrahimpatnam in Rangareddy district has arisen on a motion made by the learned Advocate-General on a reference made to the High Court by that Subordinate Court under Rule 5(d) of the Contempt of CourtRules, 1980 read with sub-section (2) of Section 15 of the Contempt of Courts Act, 1971 ('the Act' for short). The respondent/contemner is an Advocate by name B. Sugunakar Reddy.2. The Munsif Magistrate made the order of reference dated 17-10-1996. Therein he stated that on 27-8-1996 at about 2.10 p.m. that Advocate stalled the Court proceedings for about five minutes and insulted him by using disparaging and derogatory words which were very unparliamentary and that had virtually put him in utter shock and dismay. The learned Munsif Magistrate narrated what happened as follows :'On 27-8-1996 (Tuesday), which was a criminal working day, there were 74 matters listed in the cause list. After atten...
Apsrtc, Ongole Vs. Shaik Aneela Begum and ors.
Court: Andhra Pradesh
Decided on: Nov-25-1997
Reported in: II(1998)ACC54; 1999ACJ1383; 1998(1)ALD229; 1998(2)ALT246
ORDERS. Parvatha Rao, J.1. The Andhra Pradesh State Road Transport Corporation, the appellant herein, questions the judgment of the learned single Judge dated 21-7-1994 partly allowing C.M.A.No.384 of 1988 preferred by the Respondents 1 to 6 herein/ claimants against the award of the Motor Accidents Claims Tribunal-cum-Additional District Judge, Ongole in O.P.No. 261 of 1984 dated 27-2-1986.2. The claimants are the legal representatives of the deceased Shaik Kalesha. He died in an accident that occurred on 2-5-1984 about 10 am. while driving a bus bearing registration No.AAZ 3464 belonging to the appellant-Corporation. It was a head on collision between that bus and a lorry beating registration No.MDY 8883 coming from the opposite direction resulting in the deaths also of three other persons including the driver and cleaner of the lorry. Shaik Kalesha was 30 years old when he died and was employed as driver in the appellant-Corporation drawing a salary of more than Rs.600/- per month. ...
Kola Prabhakara Rao and ors. Vs. Kola Kanthamma and ors.
Court: Andhra Pradesh
Decided on: Nov-24-1997
Reported in: 1998(1)ALD462
1. The Appellants (plaintiffs) are the defendants in O.S.No. 103 of 1981 on the file of the learned Subordinate Judge, Chirala. The respondents are the Legal Representatives of the plaintiff in the suit. The suit was filed for declaration of title and possession of the suit property, a site measuring an extent of 1520 Sq. ft. i.e., 3-1/4 cts. out of 6-1/2 cts. of poramboke site in T.S. No.33/4 situated at Chirala. The plaintiff claimed the suit property based on partition with his brothers by virtue of partition list dated 4-1-1969. He challenged that the defendants trespassed into the suit site by removing the thatched house and they also constructed a cattle shed there and they unauthorisedly put up two bunks on the eastern side of the property and rented them out to tenants and when they did not oblige to vacate the site, the suit was filed for the reliefs. The defendants denied the plaintiff's right or possession of the suit site muchless the dispossession as alleged and, on the ot...
Gangireddy Venkateswara Rao Vs. Divisional Manager, New India Assuranc ...
Court: Andhra Pradesh
Decided on: Nov-24-1997
Reported in: 1999ACJ262; 1998(2)ALD9; 1998(1)ALT383
ORDERS. Parvatha Rao, J.1. Letters Patent Appeal Nos.184 of 1995 and 58 of 1996 have been preferred by the applicants for workmen compensation questioning the stay of execution of the orders passed in their favour in W-C.Nos.64 and 47 of 1994 both dated 6-4-1995 by the Commissioner for Workmen's Compensation and Deputy Commissioner of Labour, Guntur Region, Guntur, pending CM A Nos.1563 and 1564 of 1995 preferred by the insurer, which is the 1st Respondent in these Letters Patent Appeals.2. When these LPAs. came up before us for admission, the learned Counsel for the appellants in the LPAs., i.e., applicants, stated that the CMAs. were preferred without depositing the compensation amount and consequently without a certificate by the Commissioner as required under the 3rd proviso to Section 30(1) of the Workmen's Compensation Act, 1923 ('the Act') for short) and, therefore, the appeals themselves were not maintainable. The learned Counsel for the appellants also submitted that several H...
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