Andhra Pradesh Court June 1997 Judgments

P. Seshamma and ors. Vs. Dr. Pathri Krupa Sagar and ors.

Court: Andhra Pradesh

Reported in: 1997(4)ALT423

Lingaraja Rath, J. 1. The plaintiffs are the appellants. Against the order of the learned Single Judge upholding the judgment of the learned V. Addl. Judge, City Civil Court, Hyderabad, dismissing the suit O.S. 872 of 1982 brought for partition and allotment of 1/4th share in the properties left behind by Mr. C. Narasimha Bindu, this appeal has been preferred. Late Narasimha Bindu was the father-in-law of appellant No. 1 and the paternal grand-father of appellants 2 and 3. The husband of appellant No. 1 and the father of appellants 2 and 3 Dr. Dayasagar Patri had pre-deceased his father Narasimha Bindu. Narasimha Bindu died on 6-6-81. The claim of the appellants was based upon Ex. A-9 Will executed by Narasimha Bindu, in which all his sons had been given equal shares in the property. The suit was resisted by the respondents on the pleadings that Ex. A-9 will was substituted by a later Will Ex. B-8 in which the appellants were deprived of any share in the properties. Since the learned A...

G. Sagar Vs. Board of Management, J.N.T.U., Rep. by Its Registrar and ...

Court: Andhra Pradesh

Reported in: 1997(4)ALT505

Y.V. Narayana, J.1. The petitioner, who is working as Assistant Professor in the Jawaharlal Nehru Technological University, Hyderabad (1st Respondent herein), filed this writ petition for the issuance of a writ of mandamus praying to call for records pertaining to the appointment of Professor in Computer Science & Engineering pursuant to Advertisement No. C3/1/94 dated 15-4-1994 on the file of the 1st respondent and set aside the same as illegal.2. The matter relates to the selection of in-service candidates to the post of Professor in Computer Science and Engineering in the 1st respondent-University. This writ petition was filed at the time when the entire selection process was completed but the order of appointment was, however, not issued in favour of the candidate selected. The main contention of the petitioner is that the 3rd respondent, who is also working as Assistant Professor in the very same 1st respondent-University and who was one of the applicants for the post of Professor...

G. Geddamma and ors. Vs. Government of Andhra Pradesh, Rep. by Its Sec ...

Court: Andhra Pradesh

Reported in: 1997(3)ALT799

ORDERS. Parvatha Rao, J.1. The petitioners in this Writ Petition, numbering fifteen, seek a Writ of Mandamus for a declaration that they are entitled for regularisation of their services from the dates of their appointment in their respective posts and directing the respondents to pay them the salary attached to the respective regular posts etc.2. In the affidavit in support of the Writ Petition it is stated that the petitioners have been continuously working without any break and that they have been discharging their duties like regular employees and yet from the date of their appointment they are being paid only a consolidated salary of Rs. 400/- per month. It is also stated that they approached the respective authorities to give them regular scales of pay or at least increase their consolidated salary, but to no effect. They also made representations to the 4th respondent i.e., the District & Sessions Judge, Guntur, to consider their cases for regularisation of their services; that ...

G. Murali Mohan Vs. District Judge and anr.

Court: Andhra Pradesh

Reported in: 1997(3)ALT775

ORDERNeelam Sanjiva Reddy, J.1. This petition is filed to issue an order or a direction, more particularly one in the nature of Writ of Certiorari, declaring the order of the second respondent in ROC No. 552/96 C.II/1, dated 19-3-97 in confirming the order of the first respondent in Dis. No. 5422 dated 5-8-96 as arbitrary, bad, illegal and violative of principles of natural justice, and consequently direct the respondents to regularise the service of the petitioner by awarding two increments.2. The petitioner, while working as a Steno-typist in the Court of the Special Mobile Court, Cuddapah, acted in violation of C.C.S. (sic. C.C.A.) Rules and punishable for misconduct, negligence, misbehaviour, unauthorised absence and insubordination. On Exs. P-3 and P-11 reports of the Magistrate of the Special Mobile Court, Cuddapah, against the petitioner, the District Judge, the first respondent herein, appointed I Addl. District Munsif, Proddatur, as an enquiry officer in his proceedings Ex.P-1...

Gare Devamma and Others Vs. Superintendent, Area Hospital and Another

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. According to the allegations in the complaint C.D. 267/93 the first complainant is the wife of Madanaiah and complainants 2 to 6 are his children and the 7th complainant is his mother. 2. Late Madanaiah was employed in the Singareni Colleries Company Ltd., i.e. second opposite party. The first opposite party being the Superintendent, Area Hospital, of Singareni Colleries Company Ltd. 3. It is the case of the complainant that on 25.4.1993 at about l a.m. G. Madanaiah suffered from chest pain and was admitted in the Area Hospital of Singareni Colleries Company Ltd., i.e. first opposite party, and he was kept in medical ward. At about 9 a.m. on 25.4.1993 the Medical Officer came and diagnosed it as heart disease. There is no cardiologist physician in the hospital of the first opposite party. The first complainant, therefore, requested the first opposite party to shift her husband to Osmania General Hospital, Hyderabad. But the opposite party No. 1 decid...

The New India Assurance Company Ltd., Vijayawada Vs. Doredla Satyanara ...

Court: Andhra Pradesh

Reported in: 1998ACJ952; AIR1997AP410; 1997(5)ALT219

ORDERD. Reddeppa Reddi, J.1. The NewIndia Assurance Company Limited, represented by its Branch Manager, Khammam, the insurer of the lorry bearing No. ATK 9543 has preferred these two appeals under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act') against the common judgment dated 28-3-1990 in O.P. Nos. 456/88 and 637/88 on the file of the Motor Accidents Claims Tribunal (District Judge). Khammam, directing it to pay the claimant in O.P. No. 456/88 a sum of Rs. l,40,000/- and the claimants in O.P. No. 637/88 a sum of Rs. 3,28,500/-.2. The petitioner, namely, Dorredla Satyanarayana in O.P. No. 456/88 is the driver of the insured vehicle. The petitioners in O.P. No. 637/88 are the widow, minor children, brothers, sister and father of Ponnapolu Venkateswara Rao, the owner of the insured lorry. The accident occurred around 4 a.m. on 8-5-1988 at the outskirts of Wyra on the route Madhira-Wyra, resulting in grievous injuries to the driver and instantaneous death of the owner, ...

Vegi Venkateswara Rao Vs. Vegi Venkatarama Rao Alias Rajababu and ors.

Court: Andhra Pradesh

Reported in: AIR1998AP6; 1997(4)ALT821

D. Reddeppa Reddy, J. 1. This is an appeal by the 1st defendant, namely, Vegi Venkateswara Rao in O.S. No. 60 of 1981 on the file of the II Additional Subordinate Judge, Visakhapatnam against the judgment and decree dated 26-7-1988, directing him to pay a sum of Rs. 8,43,885/- and interest thereon at 12% per annum from the date of the suit i.e., 2-3-1981 till 26-7-1988 i.e., the date of decree and thereafter at 6% till the date of realisation to the 1st respondent herein, namely, Vegi Venkataramarao, alias Rajababu, the plaintiff in the suit. As the parties hereto are brothers and the subject-matter for consideration is the dispute relating to dissolution of partnership firm of which they were partners, we adjourned the hearing of the appeal for about a month as envisaged under Order 32-A of Code of Civil Procedure, suggesting the learned counsel on either side to try for settlement of the subject-matter of dispute herein and other matters said to be pending between the parties hereto ...

Deputy Chief Engineer, Construction, Gauge Conversion South Central Ra ...

Court: Andhra Pradesh

Reported in: 1997(4)ALT135

P.S. Mishra, C.J.1. Heard.2. Although learned single Judge has disposed of the petition under Article 226 of the Constitution of India by a summary order saying that the point raised in the petition is covered by the Judgment of this Court in Writ Petition No. 25474 of 1996 dated 12-12-1996, we are satisfied, the direction issued for payment of admitted amounts due to the petitioner expeditiously and to refer the dispute as regards the disputed amounts to the Review Committee constituted under the Board's Standing Orders is not correct. One of the settled principles of law is that any obligations which arise out of a contract are ordinarily not dealt with in a proceeding under Article 226 of the Constitution of India. If there is any arbitration agreement, the claimant is entitled to raise demand for arbitration. If there is no arbitration agreement and there is no such statutory obligation for arbitration, the claimant can always institute a civil suit. It would rather be entertaining...

Big Mosque, Rep. by Its Muthavalli, M.A. Azeem Baig Vs. Jetti Yellaman ...

Court: Andhra Pradesh

Reported in: 1997(4)ALT557

D. Redeppa Reddi, J.1. These two appeals arising out of references Under Section 31(1) of the L.A. Act, 1894 (for short 'the Act') relate to determination of rival claims between the landlord and the tenants. The Big Mosque, Guntur, represented by its Muthavalli M.A. Azeem Baig, the landlord, has preferred the appeals against the judgments and decrees dt. 27-6-1990 in LAOP Nos. 274 and 275 of 1982 on the file of the Principal Subordinate Judge, Guntur, directing apportionment of compensation between the landlord and the tenants in the ratio of 40:60. Since common questions of facts and law are involved in both the appeals, they are being disposed of by this common judgment.2. For the sake of convenience, the landlord will be referred to hereinafter as the appellant and the tenants as the respondents.3. The appellant claimed to be the owner of the land measuring Ac.46-86 cents and Ac. 10-91 cents situated in Reddipalem, Guntur Town. The said land was acquired under the provisions of the...

K.C. Venkateswarlu and ors. Vs. Government of Andhra Pradesh, Educatio ...

Court: Andhra Pradesh

Reported in: 1998(4)ALD174; 1997(5)ALT121

ORDER1. The petitioners are working as Lecturers, Senior Assistants, Junior assistants/Record Assistants in Dr. L.B. Junior College, Visakhapatnam. The said Institution was started in 1978 and it was running without the aid of the Government. By G.O. Ms. No.96 dated 14-3-1991, the said Institution was admitted to grant-in-aid with effect from 16-4-1990. The petitioners are challenging Clause 5 of the G.O, which reads that 'all the teaching and non-teaching posts shall be admitted to aid at the minimum of the respective pay scale' on the ground that it is violative of Articles 14, 16 and 21, and the principle of equal pay for equal work. The petitioners demonstrated that by virtue of Clause 5 of the G.O, a teacher who was drawing a salary of Rs.3,707/- prior to the admission of the Institution to grant-in-aid would be drawing Rs.3,259/- after the admission of the Institution to grant in aid. A teacher of the same service employed in the Government College would be drawing Rs.3,707/- whe...