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Andhra Pradesh Court December 1997 Judgments

Dec 31 1997

B.S. Demogray Vs. Vif Airways Ltd.

Court: Andhra Pradesh

Decided on: Dec-31-1997

Reported in: [1998]94CompCas291(AP)

Krishna Saran Shrivastav, J. 1. This is an application under section 433(e) of the Companies Act, 1956, for winding up of the respondent-company. 2. It is an admitted fact that the petitioners were appointed as trainees/captains on a stipend of Rs. 25,000 each. They had executed separate agreements. It was stated that on being appointed as regular captains they would be paid total emoluments per month of Rs. 40,000. Later, it was enhanced to Rs. 60,000 per month, vide letter dated December 26, 1995. 3. According to the petitioners their salary was paid irregularly and in part. The respondent had paid Rs. 50,000 towards part payment of salary for the month of March, 1996. Because, it was enhanced to Rs. 75,000 per month from the month of March till the date of filing the petition, the respondent-company did not pay the salary at the rate of Rs. 75,000 per month. They have resigned from the post of trainees/captains through resignation letter dated June 23, 1996. But the resignation lett...

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Dec 31 1997

Bharatiya Janatha Yuva Morcha State General Secretary Vs. Chief Secret ...

Court: Andhra Pradesh

Decided on: Dec-31-1997

Reported in: 1998(1)ALD566; 1998(1)ALT390

1. Heard the learned Counsel for the petitioner, learned Advocate General on behalf of the State Government of Andhra Pradesh and Sri C.P.Sarathy, learned senior Counsel on behalf of the Election Commission.2. Conspectus of facts: The General Secretary of the State Unit of Bharatiya Janatha Yuva Morcha is the petitioner in the instant writ petition His concern and interest in the purely of electoral process made him to invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. The petitioner prays for issuance of an appropriate writ particularly one in the nature of Mandamus declaring all the policy decisions including ''Janma Bhoomi' programme and other schemes taken by the A.P.State Government after proclamation of Lok Sabha elections as illegal arbitrary and against the natural justice apart from being violative of Model Code of Conduct issued by the Election Commission from time to time.3. In the affidavit filed in support of the writ petiti...

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Dec 31 1997

E.A.A. Charles (Smt.) Vs. A.P. Administrative Tribunal and ors.

Court: Andhra Pradesh

Decided on: Dec-31-1997

Reported in: 1998(1)ALD785; 1998(1)ALT814

ORDERB. Subhashan Reddy, J. 1. As is not unusual, this batch of writ petitions has again raised an issue of inter se seniority among the Deputy Tahsildars - direct recruits on one side and the promotees on the other. Each time when issue of inter se seniority on integration of direct recruits and promotees came up, the Courts adjudicating the same thought of giving quietous to the said issue. But, it is not to be. The issue of inter se seniority between direct recruits and promotees is an ongoing legal battle. Here, we deal with such case of Deputy Tahsildars.2. The post of Deputy Tahsildar is included in the A.P. Revenue Subordinate Service Rules framed in G.O.Ms.No.1279, General Administration Department, dated 12-10-1961. The appointment of this post is to be made both by direct recruitment and bytransfer from among the members of the ministerial service in accordance with the said rules in the ratio of 1:1. Hitherto, the State was the unit, but after the enforcement of the Presiden...

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Dec 31 1997

Obulapuram Venkat Subba Reddy Vs. Assistant Engineer, A.P. Housing Boa ...

Court: Andhra Pradesh

Decided on: Dec-31-1997

Reported in: 1998(2)ALD33; 1998(1)ALT613

ORDER1. The only question that arises in this CRP is whether the plaintiff is entitled to withdraw the suit against any one of defendants under Order 23 Rule 1 of Code of Civil Procedure (for short 'the Code').2. The petitioner is the plaintiff in OS No.472/96 on the file of the IV Addl. District Munsif, Cuddapah. He filed the suit for permanent injunction against the 1st respondent herein, the sole defendant in the suit. Thereafter, pending the suit, the 2nd respondent herein, filed an application under Order 1 Rule 10 of the Code to implead him as the 2nd defendant, as he is a necessary and proper party to the suit. He was accordingly impleaded by an order in IA No.841/96. The petitioner questioned the said order in CRP 2505/97 before this Court, but failed to succeed. Thereafter, the plaintiff-petitioner came forward with an application under Order 23 Rule 1 of the Code for withdrawal of the suit against the 2nd respondent-D2, who has been impleaded as stated supra. The Court below ...

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Dec 31 1997

V. Bhairava Swami and ors. Vs. Government of Andhra Pradesh and ors.

Court: Andhra Pradesh

Decided on: Dec-31-1997

Reported in: 1998(2)ALD131

ORDER1. The petitioners, six in number, who are working as secondary grade teachers filed this Writ Petition questioning the Validity of the orders passed by the first respondent in G.O.RtNo. 1129 Education (PS) Department, dated 4-10-1996 whereunder the first respondent declared that their appointments are not in accordance with law, and also sought for a consequential direction to declare that their selections are proper and valid as per G.O.Ms.No.524 dated 20-12-1988. While Petitioner Nos. 1 to 5 are working in respondent No.4 - School, the Petitioner No.6 is working in Respondent No.5 - School. They filed a single writ petition on the ground that their cases were disposed of by the Respondent No. 1 by passing the impugned order. On an objection taken by this court, the Petitioner No.6 paid separate Court fee and the same is taken on file under USR No.163617/97.2. The facts leading to the filing of this Wnt Petition are that the correspondent of the Respondent No.4 School which is f...

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Dec 31 1997

Ch. Narayana Reddy Vs. Divisional Forest Officer, Mancherial and ors.

Court: Andhra Pradesh

Decided on: Dec-31-1997

Reported in: 1998(2)ALD292; 1998(4)ALT141

ORDERP. Venkata Rama Reddi, A.C.J.1. The petitioners who are 'Beedi Leaves Contractors' seek issuance of writs directing the respondents-Forest Authorities to release the abnus leaves without insisting on the payment of sales tax. Pursuant to the tenders called for by A.P. Forest Development Corporation (hereinafter referred to as 'Corporation') the petitioners were awarded contracts for the 'purchase' of beedi leaves in the specified units for the 1997 season. The Government appointed the Corporation as 'agent' for the Forest Department for the purpose of collection and disposal of abnus leaves in the forest areas. The Divisional Forest Officer entered into agreements with the petitioners on behalf of the agent-A.P. Forest Development Corporation which is owned and controlled by the State Government. The broad features of the contract are as follows:The petitioners, who are described as 'purchasers', are required to do pruning of abnus plants in the Unit after obtaining prior permissi...

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Dec 31 1997

Capt. B.S. Demagry and anr. Vs. Vif Airways Ltd., Hyderabad

Court: Andhra Pradesh

Decided on: Dec-31-1997

Reported in: 1998(2)ALD306

ORDER1. This is an application under Section 433A of the Companies Act forwinding up of the respondent-company.2. It is an admitted fact that the petitioners were appointed as trainees/captains on stipend of Rs.25,000/- each. They had executed separate agreements. It was stated that on being appointed as regular captains they would be paid total emoluments per month of Rs.40,000/-. Later it was enhanced to Rs.60,000/- per month vide letter dated 26-12-1995.3. According to the petitioners their salary was paid irregularly and in part. The respondent had paid Rs. 50,000/- towards part payment of salary for the month of March 1996. Because it was enhanced to Rs.75,000/-per month from the month of March till the date of filing the petition, the respondentcompany did not pay the salary at the rate of Rs.75,000/- per month. They have resigned from the post of Trainees/Captains through resignation letter dated 23-6-1996. But the resignation letter is yet to be accepted. The respondent company...

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Dec 31 1997

Andhra National Textile Workers Union Vs. Commissioner of Labour and o ...

Court: Andhra Pradesh

Decided on: Dec-31-1997

Reported in: 1998(2)ALD405

ORDEROne of the oldest Spinning Mills in the State is facing extinction. The fate of more than 1150 workmen is hanging in the air for more than six years. This Court is called upon to resurrect the situation to extricate the Mill and dependent Mill workers.2. This Writ petition is filed by the President of the Andhra National Textile Workers Union. The Andhra Co-operative Spinning Mills Limited, Guntakal was established in 1950s under the A.P. Coperative Societies Act and had worked upto July, 1991. It has been working under the control of the A.P. Spinning Federation Lay off was declared by the Mill on 29-7-1991 but no lay off compensation or wages were paid to the workmen. While so, the Government issued GO.Ms.No.133, dated: 21-3-1992 by invoking the powers of subsections (1) and (2) of Section 3 of A.P. Relief Undertakings (Special Provisions) Act, 1971 declaring the said Mill as aRelief undertaking with effect from 21-3-1992. Initially, it covered for a period of 12 months and subs...

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Dec 31 1997

Narayana Reddy Vs. Divisional Forest Officer and ors.

Court: Andhra Pradesh

Decided on: Dec-31-1997

Reported in: [1998]109STC585(AP)

P. Venkata Rama Reddi, Ag. C.J. 1. The petitioners who are 'beedi leaves contractors' seek issuance of writs directing the respondents-forest authorities to release the abnus leaves without insisting on the payment of sales tax. Pursuant to the tenders called for by A.P. Forest Development Corporation (hereinafter referred to as 'Corporation') the petitioners were awarded contracts for the 'purchase' of beedi leaves in the specified units for the 1997 season. The Government appointed the Corporation as 'agent' for the Forest Department for the purpose of collection and disposal of abnus leaves in the forest areas. The Divisional Forest Officer entered into agreements with the petitioners on behalf of the agent-A.P. Forest Development Corporation which is owned and controlled by the State Government. The broad features of the contract are as follows : 2. The petitioners, who are described as 'purchasers' are required to do pruning of abnus plants in the unit after obtaining prior permis...

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Dec 30 1997

State of Andhra Pradesh Vs. United India Insurance Co. Ltd.

Court: Andhra Pradesh

Decided on: Dec-30-1997

Reported in: 1998(2)ALT51; [1998]94CompCas155(AP)

K.B. Siddappa, J. 1. This appeal is directed against the judgment and decree passed in O.S. No. 86 of 1987 on the file of the Subordinate Judge, Rajampet. 2. The State of Andhra Pradesh, represented by the divisional forest officer, Rajampet, is the plaintiff. The case of the plaintiff as reflected in the plaint is as follows : The red sanders and other varieties of wood are stocked in the central depot of the Forest Department consisting of six godowns. The red sanders also include confiscated wood involved in forest offences. The godowns are valued at Rs. 3,00,000 and the red sanders and other timber were valued at Rs. 35,05,000 for the purpose of insurance against fire under a policy. A premium of Rs. 11,605 was paid for the period from February 24, 1984, to February 24, 1985. It is further stated that on August 17, 1984, between 8 a.m. and 9 a.m., hundreds of hooligans and unsocial elements entered the central depot and set fire to the godowns and the stock inside the godowns. The ...

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