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Andhra Pradesh Court March 1997 Judgments

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Mar 28 1997

Indian Banks Association Vs. Workmen of Syndicate Bank and ors.

Court: Andhra Pradesh

Decided on: Mar-28-1997

Reported in: 1997(4)ALT592; (1998)ILLJ23AP

Lingaraja Rath, J. 1. A common award of the Industrial Tribunal in several I.Ds., where the reference was the one and the same, is assailed by the petitioner. In the reference originally 11 Banks were shown in the Annexure-I as parties, but sub-sequently by a communication of the Government of India, Ministry of Labour and Rehabilitation on April 21, 1983, 37 more Banks were added as parties. Even though the present petitioner was not one of the parties either in Annexure-I or Annexure-II, yet we find from the award that it had been allowed to be represented in the dispute proceedings through Counsel, had examined witnesses and was treated as a party to the dispute. Hence, even though the petitioner was directly not impleaded as a party to the award yet since it was a de facto party to the acceptance of all concerned we decide to take up this de facto party to the acceptance of all concerned we decide to take up this petition, at the instance of the petitioner, as being properly presen...


Mar 28 1997

Dr. B. Ramachandraiah Vs. L.C. Obulesu and ors.

Court: Andhra Pradesh

Decided on: Mar-28-1997

Reported in: AIR1998AP26; 1997(6)ALT758

V. Rajagopala Reddy, J.1. The appellant is not a party to the writ petition, buthas been permitted to file the instant appeal under Clause 15 of Letters Patent against the order in W.P. No. 9725 of 1995. The 1st respondent, who is an Asst. Professor in the Government General Hospital, Kurnool, has filed the above writ petition questioning the legality and validity of an order passed by the 2nd respondent-Andhra Pradesh Medical Council, directing removal of the name of the 1st respondent from Medical Register, for a period of three months, holding him guilty of infamous conduct, in issuing an improper and false post-mortem certificate, on account of which the appellant had been implicated as an accused in a criminal case. Learned single Judge, having noticed the provisions of A.P. Medical Practitioners Registration Act, 1968, as amended by A.P. Medical Practitioners Registration (Amendment) Act, 1986 (for short, 'the Act') and the Rules made thereunder, held that there was violation of ...


Mar 28 1997

Vishnu Kumar and anr. Vs. State Bank of Hyderabad and anr.

Court: Andhra Pradesh

Decided on: Mar-28-1997

Reported in: (1997)IILLJ131AP

1. The 1st petitioner was employed as a temporary workmen under the 2nd respondent w.e.f., February 12, 1990 and the 2nd petitioner was similarly recruited w.e.f., July 9, 1990. They have been continuously working without any interruption or break on all working days though on daily wages. Their services, however, were terminated by verbal orders and the above writ petition has been filed seeking a direction for reinstatement in service and absorption in the regular establishment as per the Central Government's orders. 2. While it is not denied by the respondent that the petitioners had worked as casual labourers from February 12, 1990 and July 9, 1990 respectively upto August 26, 1993 and were paid daily wages, it is stated that the petitioners were performing duties menial in nature such as cleaning and dusting the premises. It is contended by the respondents that the petitioners are not entitled to reinstatement as their services were disengaged in accordance with law w.e.f., August...


Mar 28 1997

N. Ananda Rao Vs. P. Naga Anjeswara Rao

Court: Andhra Pradesh

Decided on: Mar-28-1997

Reported in: 1997(4)ALT1

ORDERV. Bhaskara Rao, J.1. This Revision Petition is filed against the judgment in R.C.A. No. 40/93 on the file of Principal Subordinate Judge, Visakhapatnam, confirming the order of the Rent Controller-cum-Principal District Munsif, Visakhapatnam in R.C.C. No. 135/88 dated 6-10-1988 holding that the revision petitioner-tenant has committed wilful default in payment of rent and that the respondent-landlord requires the premises for a bonafide purpose i.e. self-occupation. The parties will be referred to as tenant and landlord.2. The landlord filed the eviction petition with the following averments. Originally, father of the tenant had taken the premises on lease from the father of the landlord. After the death of his father, the landlord became the absolute owner and the tenancy continued. The rent for the premises is Rs. 300/- per month payable before the first of every month. The tenant was irregular in payment of rents, so much so that he used to pay rents once in six months or eigh...


Mar 28 1997

K. Hanumantha Rao and ors. Vs. Prl. Sub-judge and ors.

Court: Andhra Pradesh

Decided on: Mar-28-1997

Reported in: 1997(4)ALT444

B. Sudershan Reddy, J.1. The unsuccessful writ petitioners are the appellants in this writ appeal. The writ petition is purported to have been filed by them in public interest. They have prayed for issuance of an appropriate writ more particularly one in the nature of Writ of Mandamus directing the 1st Respondent-Principal Subordinate Judge, Vijayawada to decide O.P. No. 350 of 1987 and O.P. No. 67 of 1988 on merits by considering the contentions and the evidence, if any, adduced by the parties by setting aside the docket order dated 22-3-1996 in the said O.Ps.Factual Matrix:2. According to the averments made in the affidavit filed in support of the writ petition, the dispute relate to payment of compensation for the land situated in N.T.S. No. 368/3A admeasuring an extent of Ac.1-65 cents and land admeasuring an extent of Ac.2-88 cents in N.T.S. No. 368/3A situated in Moghalrajapuram of Vijayawada Urban Mandal of Krishna District. It is alleged that the compensation amount for the lan...


Mar 28 1997

Chief General Manager, State Bank of India and anr. Vs. Parasa Chandra ...

Court: Andhra Pradesh

Decided on: Mar-28-1997

Reported in: 1997(4)ALT684

ORDERV. Rajagopala Reddy, J.1. The appellants are the respondents in the Writ Petition No. 16984 of 1988. The writ appeal was brought under Clause 15 of Letters Patent, aggrieved by the judgment of the learned single Judge in the above writ petition. Learned single Judge issued writ of mandamus directing the respondents-appellants to promote the petitioner-respondent to the post of Middle Management Grade Scale-II (for short 'MMG-II') with retrospective effect with all consequential benefits.2. The following few facts need to be noticed: The petitioner-respondent was appointed as Rural Development Officer in the Junior Management Grade in State Bank of India in the year 1979. Since he was eligible for promotion to the post of MMG-II, he was called for interview for consideration for promotion under merit channel. He was interviewed by the Departmental Promotion Committee (for short, 'D.P.C.'), on 31-7-1986. It was alleged in his affidavit that the petitioner was successful in the inter...


Mar 28 1997

State of Andhra Pradesh, Represented by Advocate-general Vs. J. Venkat ...

Court: Andhra Pradesh

Decided on: Mar-28-1997

Reported in: 1997(2)ALT456

ORDERD. Reddeppa Reddi, J.1. This contempt case has been taken cognizance of by this Court suo motu under Section 15 of the Contempt of Courts Act, 1971 (for short 'the Act') against almost all the members including the President, Secretary and Members of Executive Committee of the Bar Association, Rajahmundry, on the basis of report dt. 22-8-1995 of the District Judge, Rajahmundry, to answer a serious charge of interference and obstruction with the administration of justice, viz. they wrongfully detained the District Judge and two other Judicial Officers of Rajahmundry by preventing them from going to their chambers and Courts for one hour, i.e., from 10-15 a.m. to 11-15 a.m. on 22-8-1995.2. The gist of the report of the District Judge, Rajahmundry is as follows: The President and the Secretary of the Bar Association, Rajahmundry, the 1st and 2nd respondents herein, respectively, approached him on 21-8-1995 and informed him that in pursuance of the resolution dt. 18-8-1995 of the Join...


Mar 28 1997

K. Ramakrishna Rao Vs. K. Lalitha Kumari and ors.

Court: Andhra Pradesh

Decided on: Mar-28-1997

Reported in: 1997(6)ALT747

V. Rajagopala Reddy, J.1. The appellant brought this writ appeal under Clause 15 of the Letters Patent, aggrieved by the order of the learned single Judge in W.P. No. 7237 of 1989 whereunder the writ petition was allowed and the impugned order fixing inter se seniority between the appellant and the 1st respondent-petitioner dated 8-3-1993 passed by the 2nd respondent herein, has been quashed.2. The petitioner-lst respondent and the appellant had been working in A.P. Dairy Development Corporation (for short 'APDDC')- The appellant was initially appointed in the year 1971 as contingent worker and later he was appointed as LDC in the year 1975. The 1st respondent was working since 1973 and in the year 1978 he was appointed as Typist. In the year 1978 the Feeder Balancing Dairy, Vadlamudi, now known as Sangam Dairy, which was under the control of APDDC was separated from the Corporation and entrusted to Guntur District Milk Producers Co-operative Union. In response to an advertisement made...


Mar 28 1997

Sub-registrar and anr. Vs. Mr. M. Damodar Reddy

Court: Andhra Pradesh

Decided on: Mar-28-1997

Reported in: 1997(5)ALT187

ORDERV. Rajagopala Reddy, J.1. The Writ Appeal by the Commissioner and Inspector General of Registration and Stamps and the Sub-Registrar, Banjara Hills, Hyderabad, is brought under Clause 15 of the Letters Patent, challenging the judgment of the learned single Judge in Writ Petition No. 20631 of 1996.2. The learned single Judge, while allowing the writ petition filed by the petitioner-respondent issued a writ in the nature of mandamus directing the respondents-appellants to register the sale document taking the value shown in the Basic Value Register prior to 1-8-1996 as the market value of the property in question.3. Facts in brief are as under: The petitioner-respondent, having purchased Plot No. 296, admeasuring 480 Sq.Yds., at Road No. 10, Jubilee Hills, Hyderabad, presented the sale document on 9-8-1996 before the Sub-Registrar, Banjara Hills, the 1st appellant herein. The petitioner-respondent set out the market value of the plot at Rs. 6,01,000/- on the basis of the value fixed...


Mar 28 1997

Datla Subhadrayamma Vs. Golusu Narayana Murthy

Court: Andhra Pradesh

Decided on: Mar-28-1997

Reported in: 1997(3)ALT592

ORDERV. Bhaskara Rao, J.1. This revision petition is filed against the order in I.A. No. 305/1996 in OS. No. 26/1988 on the file of Subordinate Judge, Chodavaram, dated 1-2-1997, dismissing the petition filed under Section 151 of the Code of Civil Procedure to reopen the suit to enable the revision petitioner-plaintiff to file the Will Deed on which the suit is based.2. The facts and circumstances giving rise to this revision petition are that she filed a suit for recovery of rent claiming that the property originally belonged to her father and that he bequeathed the same in her favour under a Will. The suit is being resisted by the respondent-defendant, who is contesting the Will. The revision petitioner closed her evidence on 19-6-1995 and thereafter the respondent closed his evidence on 18-9-1995 and arguments were also addressed. When the matter was at the stage of reply arguments of the revision petitioner, this petition has been filed stating that the aforesaid Will was filed in ...


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