Andhra Pradesh Court December 1997 Judgments
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K. Devarajulu Vs. Deputy Executive Officer and ors.
Court: Andhra Pradesh
Decided on: Dec-08-1997
Reported in: 1998(1)ALD676; 1998(2)ALT59
1. This writ petition is in respect of compassionate appointment. The petitioner claims to be the adopted son of late Sane Munilakshmamma. His adoptive mother Smt. Sane Mtinilakshinamma was employed as Sanitary Worker in the Health Department, Tirurnala Tirupali Devasthanams, Tirumala. She died in harness on 7-1-1991 leaving the petitioner behind as her sole heir. According to the Rules of Andhra Pradesh State Government applicable to the employees of Devasthanams, there is a provision for appointment of the spouse of the deceased Government servant or dependent children of the deceased Government servant who died in harness, as a social security measure. By G.O. Ms. No,687, General Administration (Ser-A) Department, dated 3-10-1977, it was clarified that the appointment of a spouse or child of the deceased Government servant could also be considered for regular appointment without subjecting them to the normal process of recruitment provided such family member of the deceased servants...
K.A. Hassan Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Dec-08-1997
Reported in: 1998(2)ALD333; 1998(1)ALD(Cri)259; 1998(1)ALT(Cri)355
1. The appellant-K.A.Hassan, Detective Sub-Inspector, Shamshabad Police Station of Rangareddy district, is convicted by the Additional Special Judge for SPE and ACB Cases, Hyderabad for offences punishable under Sections 7, 11 and 13(1)(d)(i) and (ii) read with Section 13(2) of Prevention of Corruption Act, 1988 (for short 'the Act'} and sentenced to suiter rigorous imprisonment for a period of one year and to pay a fine of Rs.1,000/- for the offence punishable under Section? of the Act. The accused was further sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs. 1,0007- for Ihe offence punishable under Section 13(1)(d)(i) and (ii) read with Section 13(2) of Ihe said Act- The sentences of imprisonment are ordered to run concurrently. In default of payment of fine, the accused is ordered to suffer simple imprisonment for aperiod of six months under each count.2. The accused is alleged to have demanded a sum of Rs.500/- as gratification other than legal remuner...
Yerraguntla Nagaiah and anr. Vs. State, A.P. Hyderabad
Court: Andhra Pradesh
Decided on: Dec-08-1997
Reported in: 1998(3)ALD564; 1998(1)ALT(Cri)407
ORDERN.Y. Hanumanthappa 1. The accused in Sessions Case No.8 of 1997, which was pending on the file of the learned Sessions Judge, Prakasam Division at Ongole, was tried for an offence punishable under Section 302 of the Indian Penal Code on the allegation that the accused had committed murder of Yerragunlla Vijaya, Yerraguntla Chaifanya and Yerraguntla Jhansi, who are no other than his wife, son and daughter respectively. 2. On evidence, the learned Judge found the accused guilty of the charge punishable under Section 302 of the Indian Penal Code and, therefore, he was convicted and sentenced to suffer hanging till death subject to the confirmation by the High Court. 3. Aggrieved by the aforesaid order of conviction and sentence, the accused has preferred Criminal Appeal No.1424 of 1997. The learned Sessions Judge, Prakasam has sent the referred proceedings of S.C. No.8 of 1997 for confirmation of death sentence imposed upon the appellant and, therefore, referred trial was numbered as...
B. Sriramulu Vs. Authorised Officer-cum-sub-divisional Forest Officer ...
Court: Andhra Pradesh
Decided on: Dec-08-1997
Reported in: 1998(6)ALD583; 1998(1)ALT87
ORDER1. The petitioner herein seeks a Writ of Ccrtiorari calling for the records relating to Proceedings Rc.No.15/OR/91-92/ SDF dated 18-8-1997 issued by the Authorised Officcr-cum-Sub-Divisional Officer, Yellandu, Khammam District (1st respondent) as confirmed by the Conservator of Forests, Kliammam Circle (2nd respondent) in Proceedings RC No.313/92/M5 dated 25-9-1997 and quash the same as arbitrary and illegal and consequently to direct the respondents to compound the offence with one time penalty as per the existing Rules.2. The writ affidavit filed by the petitioner herein shows that the lorry of the petitioner was seized by the Officials of the Forest Department on 1-8-1991 for violating the provisions of Forest Laws. Against the order of seizure and confiscation, the petitioner filed Writ Petition No. 1924 of 1994 and this Court by order dated 31-3-1997 set aside the order of confiscation and remitted the matter back to the 1st respondent to consider the request of the petitione...
K. Seetharami Reddy Vs. Government of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Dec-05-1997
Reported in: 1998(1)ALD387
1. The facts leading to the filing of this petition are:The seating capacity of Gagan Mahal talkies was reduced from 759 of 630 seats on 2-8-1986. For incorporating the reduced sealing capacity in the 'B' Form licence, the licence had been obtained from the licencee. On verification of licence it was found by the respondents that licencee had interpolated reduction of seats in the licence and he had substituted the figures of 759 by figures 544. A show cause notice was issued to the licencee as to why the licence of the theatre should not be revoked for making the interpolations in the 'B' form licence. The licencee-Writ Petitioner filed his explanation on 9-4-1988 and the authority concerned heard him on 9-5-1988. In his explanation the licencee stated that he sought for reduction of seating capacity from 759 to 544 by an application in the year 1977 itself because certain amendment had been made in Entertainment Tax Act, 1939 by which slab system had been introduced for the theatres ...
A. Ranga Rao Vs. Secretary, Regional Transport Authority, Krishna, Vij ...
Court: Andhra Pradesh
Decided on: Dec-05-1997
Reported in: 1998(1)ALD317
ORDER1. In all these Writ Petitions, fixing of Gross Vehicle Weight of transport vehicles of Rigid category with three axles, two tyres on front axle and eight tyres on the rear tandem axle under the provisions of Motor Vehicles Act is the common question that arises for consideration,2. Some of the petitioners in this batch of Writ Petitions have purchased Tata transport vehicle model LPT-2213 with three axles one front axle fitted with two tyres and a rear tandem axle fitted with eight tyres. The vehicles were initially fitted with the tyres of size of 9.00 x 20 and subsequently they were allowed to fix tyres size of 10.00 x 20. When the tyres were fitted with the size of 9.00 x 20, the Gross Vehicle Weight entered at 22,000 Kgs. However, when the revised size of tyres were fitted, the Gross Vehicle Weight was entered at 25,000 Kgs. It appears there were disputes about the Registered laden weight of the goods vehicles. The matter went upto Supreme Court. While disposing of the matter...
Employees States Insurance Corporation Vs. M.O. Tailors, Hyderabad
Court: Andhra Pradesh
Decided on: Dec-05-1997
Reported in: 1998(2)ALD126; 1998(2)ALT26
ORDER1. Heard the learned Counsel for the appellant. There is no representation on behalf of the respondent.2. The Judgment of the Employees' Insurance Court, Ramkote Hyderabad in E.I. Case No.28 of 1990 dated 15-10-1991 holding that the respondent is not liable to contribute towards the Employees State Insurance (for short 'the E.S.I.') beyond September, 1988 is challenged.3. The matter arose this way.The respondent is having a tailoring shop situate at Chirag Ali Lane, Hyderabad. The Regional Director, E.S.I. Corporation demanded Rs.2,016/- towards the E.S.I. contribution and interest for the period of April1988 to May 1989 and Rs.6,924/- towards the ESI contributions and interest for the period from June, 1989 to March, 1990 and in all Rs. 8,942/-. The respondent filed the petition before the E.S.I. Court under Section 75 of the E.S.I. Act, 1948 (for short 'the Act') challenging the demand cm the ground that the provisions of the Act are not applicable to his shop and therefore, he ...
Gusidi Sankar Rao, Chinagadili Mandal, Visakhapatnam District Vs. Comm ...
Court: Andhra Pradesh
Decided on: Dec-05-1997
Reported in: 1998(4)ALD710
1.The facts leading to the filing of this petition are:The second respondent granted a lease for Canteen No. 1 at the foot of the Simhachalam Hills with effect from 31st August, 1980 at Rs. 950/- per month. The lease was for three years. From 1983 the lease amount was enhanced by 10% for 1983-86, which was again enhanced by 15% from 1986-89 and from 1989-92 it was enhanced by 20%. For 1992-95 the lease amount was enhanced by 30%. The petitioner submits that he was paying a rent of Rs. 4,281/- per month and he had not violated any term or condition of the lease. He expected that, as lease was being extended continuously from 1980 it will be extended for another term and the petitioner had offered the increase of lease amount to 35% after 31st of August, 1995. The second respondent issued a notice on 18th June, 1995 to the petitioner whereby he was informed that the lease was expiring on 31st August, 1995 and he should vacate the premises. The petitioner submits that this notice was give...
J.B. Education Society, Banjara Hills, Hyd. Vs. Govt. of A.P. and anr.
Court: Andhra Pradesh
Decided on: Dec-04-1997
Reported in: 1998(1)ALD639
ORDER1. All the three writ petitions can be disposed of by a common order as the common questions of law arise in all these matters.2. The important question that falls for consideration in all these writ petitions are(1) the power and jurisdiction of the State Government to withhold permission for starting the Engineering Colleges after the clearance is given by the All India Council for Technical Education under the provisions of All India Council of Technical Education Act, 1987 and(2) whether Section 20 of A.P. Education Act is repugnant to or overlaps over the provisions of All India Council of Technical Education Act, 1987.3. Before delving into the legal issues, it is necessary to trace out certain facts ineach case for proper appreciation of the matter. Writ Petition No.27598/1997 is filed by the management of J,B. Educational Society, a registered body seeking writ of mandamus declaring that the petitioner is entitled to commence and conduct the degree courses in Engineering a...
B. Balakishan Reddy Vs. Andhra Pradesh State Electricity Board
Court: Andhra Pradesh
Decided on: Dec-04-1997
Reported in: 1998(2)ALD145; 1998(2)ALT365
ORDER1. The petitioner was working as Assistant Engineer -(Electrical ) in the services of the respondent-Board. He was placed under suspension on the ground that he demanded from Khaja Bahadur Hussain an amount of Rs, 1,500/- as illegal gratification for shifting the service line, and it was further said that the petitioner had accepted the first instalment of Rs. 1,000/- from the said complainant. An Enquiry Officer was appointed to enquire into the charges levelled against the petitioner in the complaint by Khaja Bahadur Hussain One Sri Suryanarayana, Divisional Engineer of the Respondent-Board was appointed as Enquiry Officer. He submitted his report on 23-5-90. It is contended that in the said report, conclusions favourable to the petitioner were reached. After the report was submitted to the Disciplinary Authority, the Disciplinary Authority instead of accepting the report and taking further steps on the report according to the Rules, took an extraordinary step by appointing anot...
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