Andhra Pradesh Court March 1997 Judgments
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District Judge and Registrar (Admn.) High Court Vs. N. Chandra Sekhar ...
Court: Andhra Pradesh
Decided on: Mar-19-1997
Reported in: 1997(3)ALT238
P.S. Mishra, C.J.1. Writ petitioner-respondent has moved this Court questioning the order of dismissal from service. A learned Single Judge of this Court has held that the misconduct is proved but interfered with the quantum of punishment and directed for reinstatement of the petitioner-respondent with 50% of the back wages from the date of dismissal till the date of his reinstatement. The District Judge, Eluru, West Godavari District and the Registrar (Administration) of the High Court have preferred this appeal under Clause 15 of the Letters Patent.2. Facts which are noticed in the impugned judgment and which are not disputed before us, are as follows:In the affidavit in support of the writ petition it is stated that the petitioner was appointed as Process Server by the District and Sessions Judge, Eluru, West Godavari District. He, however, was subjected to a disciplinary proceeding on two charges viz.,(i) that on 28-2-1991, while doing Court-hall duty at Additional District Munsif'...
Recognised Schools Managements Association Rep. by Its General Secreta ...
Court: Andhra Pradesh
Decided on: Mar-19-1997
Reported in: 1997(3)ALT166
ORDERG. Bikshapathy, J.1. The Constitutional validity of the Andhra Pradesh Private Educational Institutions Maintenance Grant (Regulation) Act, 1995 (Act 11 of 1995) and the G.O.Ms. No. 320, Education (PS-2) Department, dated 16-9-1994 have been assailed in this Writ Petition.2. Initially the Writ Petition was filed challenging the A.P. Ordinance No. 11 /94. But, however after the Rule Nisi was issued, Ordinance was replaced by the Act No. 11 of 1995 and therefore the Act came to be challenged.3. The petitioner is an Association of Managements of Recognised Schools. It is stated that the schools were admitted to grant-in-aid in full in respect of teaching and non-teaching and staff members. They are also entitled to 10% of the amount paid to staff towards the maintenance grant, which is meant to defray expenses such as rents, repairs, furniture etc. These schools admitted to grant-in-aid were prohibited from charging any tuition fee or collecting any donation from the public or from t...
K. Sajjan Singh Vs. the Andhra Pradesh State Electricity Board and Oth ...
Court: Andhra Pradesh
Decided on: Mar-18-1997
Reported in: AIR1997AP279
ORDERS. Parvatha Rao, J. 1. The petitioner has approached this Court questioning the bill dated 5-9-1990 issued by the 2nd respondent in respect of his S.C.No.C1-586 for premises bearing house No. ! 1-3-926/ 5 at Mallepally in Hyderabad for the period 10/81 to 7/90 for Rs. 32,808.35 Ps. on the ground that :'the readings were recorded erratic consumption and the meter was stuck up and replaced on 1-3-1990. Hence, based on the new meter consumption average bill issued @ 356 units p.m. from 10/81 to 7/90 . . 'He submits that in the said bill it was incorrectly stated that the meter was stuck up; he states that it was never stuck up and that the old meter was replaced on 1-3-1990 without notice of defect. He relies on the report of the Additional Assistant Engineer dated 28-8-1990 on the reverse of which the meter readings from 1 / 81 to 8/90 were given. He states that the per month slab amount was changed from Rs.95/- to Rs.80/- in 1985, then to Rs. 140/- in 1988 and to Rs. 160/- in 1990 ...
Andhra Pradesh State Financial Corporation Vs. M/S. Rama Spinners Priv ...
Court: Andhra Pradesh
Decided on: Mar-18-1997
Reported in: AIR1997AP415; 1997(4)ALT649; [1998]94CompCas233(AP)
ORDERP. S. Mishra, C. J,1. This appeal under Clause 15 of the Letters Patent is preferred by the Andhra Pradesh State Financial Corporation, who, it is alleged, has failed to meet the commitment under an agreement to release the loan amount of Rs. 60 lakh although it is alleged, pursuant to the contract, did release Rs. 40 lakh only to the writ petitioner respondent. Petitioner-respondent is a Private Limited Company incorporated under the Companies Act on 22-5-1990. It applied for loan and the Andhra Pradesh Industrial Development Corporation sanctioned a term loan of Rs. 80.40 lakh vide its' letter No. DGM(P)3M(T-I)RSPI/ 1417/90 dt. 6-7-90/11-6-90 under the IDBI Refinance Scheme Banking pari passu incharge with a term loan of Rs. 60 lakh with the appellant herein i.e. Andhra Pradesh State Financial Corporation. Accordingly, the appellant sanctioned a term loan of Rs. 60 lakh to the writ petitioner-respondent vide letter dt. 25-7-1990 in No. AFC/PAD-A/Team-1/63894416/90-91. Petitioner...
Y. Parthsarthy Vs. General Manager, Railway Electrification, Allahabad ...
Court: Andhra Pradesh
Decided on: Mar-18-1997
Reported in: 1997(2)ARBLR347(AP)
M.N. Rao, J. 1. By this application filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 (for short 'the New Act'), the petitioner, a registered partnership firm represented by its Managing Director, is praying for appointment of a sole arbitrator by the Hon'ble the Chief Justice or any other person or institution designated by the Hon'ble the Chief Justice. In compliance with the direction issued by the Hon'ble the Chief Justice, the matter was listed before me. 2. The claims in respect of which arbitration is sought are of the value of Rs. 1,16,18,336/-. 3. By an agreement dated 7-10-1991 concluded between the General Manager, Railway Electrification Central Organisation, Allahabad and petitioner, construction of Electric Loco Shed and its ancillary works in Lalaguda, Secunderabad, was entrusted to the petitioner and the work was required to be completed within two years-from 3-6-1991 to 2-6-1993. The estimated value of the contract was Rs. 2,45,11,415.45. It is st...
Y. Parthasarathy, a Registered Partnership Firm Rep. by Its Managing P ...
Court: Andhra Pradesh
Decided on: Mar-18-1997
Reported in: 1997(2)ALT307
M.N. Rao, J.1. By this application filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 (for short 'the New Act'), the petitioner, a registered partnership firm represented by its Managing Director, is praying for appointment of a sole arbitrator by the Hon'ble the Chief Justice or any other person or institution designated by the Hon'ble the Chief Justice. In compliance with the direction issued by the Hon'ble the Chief Justice, the matter was listed before me.2. The claims in respect of which arbitration is sought are of the value of Rs. 1,16,18,336/-.3. By an agreement dated 7-10-1991 concluded between the General Manager, Railway Electrification Central Organisation, Allahabad and the petitioner, construction of Electric Loco Shed and its ancillary works in Lalaguda, Secunderabad, was entrusted to the petitioner and the work was required to be completed within two years - from 3-6-1991 to 2-6-1993. The estimated value of the contract was Rs. 2,45,11,415-45. It is...
Subedar Kashmira Singh Vs. Government of India, Rep. by Its Secretary, ...
Court: Andhra Pradesh
Decided on: Mar-18-1997
Reported in: 1997(2)ALD(Cri)42; 1997(2)ALT311
ORDERS.R. Nayak, J.1. The petitioner is a retired Army personnel. In this writ petition he has assailed the validity of the disciplinary proceedings conducted by the General Court Martial (GCM) and the sentence imposed by it on him as a disciplinary measure and the order of the third respondent dated 16-8-1990 in confirming the same. The facts leading to the filing of the writ petition be stated briefly under two phases as pleaded by the petitioner as under:I Phase: The petitioner joined the Indian Army as Sepoy on 25-10-1961. After several promotions, he was working as Senior Junior Commissioned Officer (SJCO) of 6 Battery in 2 Training Regiment in Hyderabad in the Year 1987. While holding that post he was also officiating as Subedar Major which post is the next higher post to the post of SJCO for a period of five months before one Subedar Major Waman Akde took charge of that post on 21-1-1987. On 16-2-1987 the petitioner was transferred to Allahabad, Uttar Pradesh and he was to repor...
Bibijan and ors. Vs. Chintakridi Narasimham and Sons Rep. by Ch. Prabh ...
Court: Andhra Pradesh
Decided on: Mar-18-1997
Reported in: 1997(6)ALT124
ORDERV. Bhaskara Rao, J.1. This is a revision petition arising out of R.C.A.No. 26/1991 on the file of Principal Subordinate Judge, Guntur, dated 18-1-1993 holding that the revision petitioners, who are owners of 30/72 share, are not entitled to evict the respondent/tenant who subsequently purchased 42/72 share in the demised premises till partition is effected though they are able to establish their bona fide requirement of the premises.2. The facts and circumstances giving rise to this revision petition in brief are:-That the demised premises originally belonged to Shaik Mohiuddin Khan Saheb. Revision Petitioner No. 1 is his wife and revision petitioners 2 to 4 are their daughters. The original landlord also left behind him two sons. On his death the demised premises was inherited by his wife, three daughters and two sons. His wife and daughters, who are revision petitioners herein, became entitled to 30/72 share in that property while the remaining 42/72 fell to the share of his son...
Challa Venkata Subbaiah Vs. Agricultural Market Committee Rep. by Its ...
Court: Andhra Pradesh
Decided on: Mar-18-1997
Reported in: 1998(1)ALT99
ORDERB. Subhashan Reddy, J.1. This Writ Petition assails the validity of sub-rule (3) of Rule 3 of the Andhra Pradesh (Agricultural Produce and Livestock) Markets Rules, 1969 {for short 'the Rules'), which have been framed in exercise of the rule making power under the A.P. Act 16 of 1966 (for short 'the Act').2. Market yards and market areas were constituted under Section 4 of the Act and before constitution of the same, necessary notifications have to be issued. Firstly, a Draft Notification has been issued as contemplated under Section 3(1) of the Act and the same has to be published in the manner indicated under Rule 3(2) of the Rules. The notification has to be displayed at the offices of the local authorities mentioned in sub-rule (2) of Rule 3 of the Rules. The purpose of such publication is inviting objections with regard to the action to be taken under Section 4 of the Act. After considering the objections, a final notification has to be issued. In the instant case, the area i...
Navyuga Engineering Co. Ltd. and anr. Vs. Visakhapatnam Port Trust and ...
Court: Andhra Pradesh
Decided on: Mar-17-1997
Reported in: 1997(2)ALT825; 1998(1)ARBLR314(AP)
C.V.N. Sastri, J.1. The petitioner is an Engineering Contractors company which submitted its tender to the Visakapatnam Port Trust for the construction of a multipurpose Berth response to the tender notification dated 16-3-1997 issued by the Port Trust. In this Writ petition petitioner seeks to assail the action of the respondent-Port Trust in deciding not to open or consider the price bid submitted by the petitioner view of the filing of an F.I.R. by the C.B.I. against the petitioner and others alleging the commission of certain offences in connection with a different work previously entrusted to the petitioner by the Visakhapatnam Port Trust. The said action is sought to be challenged on the ground that it amounts to blacklisting of the petitioner and that the same is arbitrary, illegal and violative of the Fundamental Rights guaranteed to the petitioner under Articles 14 and 19(1)(g) of the Constitution. 2. It is not in dispute that the petitioner was pre-qualified and the tender do...
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