Andhra Pradesh Court December 1997 Judgments
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Annam Venkateswarlu Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Dec-19-1997
Reported in: 1998(2)ALD412; 1998(1)ALD(Cri)174
ORDER1. This petition is fifed under Section 482 of the Criminal Procedure Code for being mentioned to recall the order dated 4-11-1997 in Crl.RCNo.408 of 1996.2. The facts in giving rise to the filing of this petition are, briefly, as follows :The petitioner-accused was found guilty by the Judicial First Class Magistrate, Kothagudem for an offence under Section 408 of the Indian Penal Code and convicted and sentenced to undergo simple imprisonment for two years and to pay a fine of Rs.500/-; and was also found guilty for an offence under Section 465 of the Indian Penal Code and convicted and sentenced to undergo simple imprisonment for one year and to pay a fine of Rs.500/-holding that the accused collected a sum of Rs.2,17,963/- from the customers of the State Bank of Hyderabad, Kothagudem Branch and credited only a sum of Rs. 1,44,466/ - and mis-appropriated a sum of Rs.73,297/-. On appeal, the learned Additional District & Sessions Judge, Khammam passed judgment in Crl. Appeal. No....
Kodamanchili George Vs. Commissioner and Director of Municipal Adminis ...
Court: Andhra Pradesh
Decided on: Dec-18-1997
Reported in: 1998(1)ALD421
ORDER1. A question of general importance arises in these writ petitions. It is, whether the elections to the office of Vice-Chairperson of a Nagar Panchayat (III Grade Municipality) can be allowed to be conducted, when the office of Chairperson is vacant, under the provisions of A.P. Municipalities Act, 1965, (for short, 'the Act').2. The following facts have to be noticed to considerthe above question:W.P.No.30605/97 : The petitioner was elected as Ward Member, 13th Ward of Kovvur Municipality, (Nagara Panchayat) in the election held in March, 1995. The office of Chairperson of that Municipality was reserved to Schedule Caste Community- The petitioner belongs to S.C. community. One Y. Aseervadham has been elected as Chairperson in the election. held in March, 1995. But in January, 1997 he passed away. Hence, the office of Chairperson fell vacant. Under the provisions of the Act the Vice-Chairperson has to perform the functions of Chairperson, pending election of the Chairperson. Elect...
M.V.S. Patrudu Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Dec-18-1997
Reported in: 1999(1)ALD535; 1999(1)ALT(Cri)595
1. This appeal is directed against the Judgment dated 15-4-1995 rendered in CC No.9 of 1993 on the file of the Special Judge for CBI Cases, Visakhapatnam, under which the appellant (accused) herein has been convicted for offences under Sections 409, 420 & 477A of IPC and 5(1)(c) and 5(1)(d) read with 5(2) of Prevention of Corruption Act and has been sentenced to undergo R.I. for one year for each of the said offences and to pay a fine of Rs.500/- each and in default of payment to undergo rigorous imprisonment for a period of three months for each of the said offences. 2. The facts relating to this appeal may be stated briefly as follows:The accused (Appellant) was working as Assistant Accountant in the State Bank of India at Anakapalli Branch during the period between 14-7-1986 and 10-3-1987. On receipt of some complaints of irregularities in the said Branch, PW1 (M.V.R. Sainatha Raa) the then Branch Manager of State Bank of India, Visakhapatnam, was entrusted by the Regional Manager t...
Management of Singareni Collieries Company Limited Vs. Industrial Trib ...
Court: Andhra Pradesh
Decided on: Dec-18-1997
Reported in: 1998(1)ALD576; 1998(1)ALT779
ORDER1. This writ petition is filed by the management of Singareni-Collieries Company Limited, Godavarikhani, seeking an order that the order passed in MP.No.178/ 1985 in I.D.No. 56/1984 dated 6th May, 1993 be quashed and set aside. By the said M.P-No.178/85 the petitioner's application seeking approval of the action taken by the management in dismissing the respondent-workman from service with effect from 21-06-1985 was dismissed.2. It could straight away be held that no interference need be made with the order passed by the Industrial Tribunal in the aforesaid miscellaneous petition because no illegality appears to have been committed by the Tribunal in passing such an order and in any case when the approval was rejected by the Tribunal it was incumbent upon the management to reinstate the respondent-workman and to treat him as continuous in service without any break from the date on which the workman's services were terminated. This view gained support from the decision of the Supre...
Gorle Mallesh and ors. Vs. District Collector, R.R. Dist. and ors.
Court: Andhra Pradesh
Decided on: Dec-18-1997
Reported in: 1998(2)ALD51
1. Three writ petitions are being disposed of by this common judgment in view of the fact that the contentions raised by the petitioners in all the three writ petitions are of the same nature and character inasmuch as the action under contemplation of the respondents to dispossess the petitioners from their respective lands is sought to be declared as illegal and void.2. At the outset, an observation need be made that the contentions raised by the petitioners in all the three writ petitions relate to the adjudication of disputed questions of facts which exercise cannot be gone into by the High Court when its jurisdiction under Article 226 of the Constitution of India isinvoked. However, before arriving at a final conclusion on this proposition, it is necessary that the issues arising for Court's consideration may be examined for determining the prima facie case so that it could be found out whether the merits of the claims advanced by the petitioners are required to be looked into or n...
Hindustan Steel Construction Ltd. Vs. Union of India and ors.
Court: Andhra Pradesh
Decided on: Dec-18-1997
Reported in: 1998(2)ALD522
ORDER1. Heard 2. The petitioners is Hindustan Steel Construction Ltd. Employees Union. Theyhave challenged the proceedings of the Government of India, Ministry of Labour and Employment, dated 21-5-1996, in letter No.50/38/95-B2. By the impugned proceedings the application filed by the petitioners under Section 33-C(1) of the Industrial Disputes Act, 1947 (for short 'the Act') is dismissed by the appropriate Government,3. The learned Counsel for thepetitioners strenuously submitted that the petitioners are entitled for the enhanced wages as per the revision of pay scales that have taken place right from the date of retrenchment to the dale the Supreme Court rendered the Judgment, in terms of Section 17B of the Act. The respondents had resisted this application of the petitioners on two grounds, (1)that there was no permanent sum on the basis of any award or settlement for the alleged recovery in terms of Section 33-C(1) of the Act; and (2) at any rate the petitioners have been paid the ...
S. Kiran Kumar Vs. Chief Manager, State Bank of Hyderabad and ors.
Court: Andhra Pradesh
Decided on: Dec-18-1997
Reported in: 1998(2)ALD515; 1998(3)ALT475
1. The petitioner applied for loan to the tune of Rs. 94,000/- for starting a photo-studio under the Prime Minister' Rozgar Ypjana (for short' the Scheme'). He was interviewed by the Task Force Committee on 25-2-1997. His name was recommended by the said Committee for advancing loan. State Bank of Hyderabad Jubilee Hills Branch, Hyderabad (1st respondent) was indicated as the financing branch for the petitioner, but no action was taken by the 1st respondent for advancing loan to the petitioner. Further, according to the petitioner, the 2nd respondent wrote a letter dated 23-4-1997 to the 1st respondent pointing out that necessary action was required to be taken within 60 days from the date of receipt of application from theDistrict Industries Centre, but the 1st respondent did not pay any heed to the same. Granting of loan only to four applicants and not extending the same to the petitioner, according to the petitioner, was illegal, arbitrary and discriminatory and violative of Article...
Talamatla Sugunamma and anr. Vs. Ch. Kanakaiah and anr.
Court: Andhra Pradesh
Decided on: Dec-18-1997
Reported in: 1998(2)ALT825
Krishna Saran Shrivastav, J.1. This is an appeal against the order passed by the Chairman, Motor Accidents Claims Tribunal-cum-District Judge, Adilabad, in C.F.R. No. 5431/1992 in Unregistered M.V.O.P. dated 17-2-1992, whereby the application of the appellants Under Section 140 of the Motor Vehicles Act has been dismissed as barred by limitation.2. The facts of the case giving rise to this appeal, in brief, are that the husband of the 1st appellant and the father of the 2nd appellant died in a motor accident on 9-4-1990. The application for compensation on no fault basis was filed on 26-11-1991. The Tribunal rejected the application as barred by limitation on the authority of Vinod Gurudas Raikar v. National Insurance Co. Ltd. and Ors., : [1991]3SCR912 .3. This order has been challenged in this appeal.4. Reliance has been placed on the case of Dhannalal v. D.P. Vijayvargiya and Ors., : AIR1996SC2155 by the learned Counsel of the appellants.5. In the case of Dhannalal (supra), the Apex ...
T. Rama Krishna and anr. Vs. Commissioner and Director of Municipal Ad ...
Court: Andhra Pradesh
Decided on: Dec-18-1997
Reported in: 1998(1)ALT488
ORDERV. Rajagopala Reddy, J.1. A question of general importance arises in these writ petitions. It is, whether the elections to the office of Vice-Chairperson of a Nagar Panchayat (III Grade Municipality) can be allowed to be conducted, when the office of Chairperson is vacant, under the provisions of A.P. Municipalities Act, 1965, (for short, 'the Act').2. The following facts have to be noticed to consider the above question: W.P. No. 30605/97:The petitioner was elected as Ward Member, 13th Ward of Kovvur Municipality, (Nagara Panchayat) in the election hold in March, 1995. The office of Chairperson of that Municipality was reserved to Schedule Caste Community. The petitioner belongs to S.C. community. One Y. Aseervadham has been elected as Chairperson in the election held in March, 1995. But in January, 1997 he passed away. Hence, the office of Chairperson fell vacant. Under the provisions of the Act the Vice-Chairperson has to perform the functions of Chairperson, pending election o...
Sri Laxmi Touring Talkies, Penuballi Khammam Dist. Vs. Government of A ...
Court: Andhra Pradesh
Decided on: Dec-17-1997
Reported in: 1998(1)ALD426; 1998(1)ALT564
ORDER1. The short question that arises in this writ petition is whether G.O. Rt.No.4004 Home (General-A) Dept.,dated 20-12-1996, whereby the Government relaxed the operation of Rule 7(2)(b) of A.P. Cinemas (Regulation) Rules, 1970, (for short, 'the Rules'), in favour of the 4th respondent thus enabling construction of a touring talkies within 800 Mts., from the petitioner-temporary theatre, is illegal as being arbitrary offending Article 14 of the Constitution of India 2. To consider the above question, the following few facts have to be noticed : The petitioner is a temporary theatre having been in existence since 1978. The 4th respondent has been making attempts to construct another temporary theatre at a distance of less-than 800 Mts. from the petitioner-theatre. The petitioner has therefore, represented to the Respondents 2 and 3 many a time objecting for the grant of permission to the 4th respondent. On the representation made by the petitioner, the 3rd respondent directed the Exe...
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