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Andhra Pradesh Court August 1997 Judgments

Aug 30 1997

G.V. Narasimham Vs. Government of Andhra Pradesh and Others

Court: Andhra Pradesh

Decided on: Aug-30-1997

Reported in: 1998(1)ALD164; 1997(5)ALT653

1. This writ petition is directed against the order of the Government dated 2-6-1997 providing for absorption of the Principals of the private aided oriental colleges.2. The petitioner was working as a lecturer in the Veda and Sanskrit College, Moolapet, Nellore-3rd respondent herein. On 1-7-1990, the post of the Principal in that institution became vacant. The petitioner, who was senior most lecturer in that college, was put in-charge of that post on 26-6-1990. By G.O.Ms.No.158 dated 10-6-1987 the rules for selection of the persons for appointment to the posts of teachers etc., to be filled up by the A.P.Collegeate Services was promulgated. That notification provided that the post of Principals of Oriental Colleges was to be filled up by transfer among the qualified, eligible and suitable lecturers of that college who was having the essential qualifications. In respect of the private aided colleges, G.O.Ms.No.233 Education dated 20-10-1993 was issued recognising that as each college i...

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Aug 30 1997

General Manager, Central Organisation Railway Electrification (Core), ...

Court: Andhra Pradesh

Decided on: Aug-30-1997

Reported in: 1997(6)ALT56

P.S. Mishra, C.J.1. Since the Arbitration and Conciliation Act, 1996 has introduced a fulfledged mechanism for an application for the appointment of arbitrator by any of the parties to the arbitration agreement, it seems to use right, when it is contended before us, that an application under Article 226 of the Constitution of India is not warranted. The scheme in Chapter-III of the above Act gives to any party to the arbitration agreement right to make an application before the Chief Justice or any person or institution designated by him and in accordance will the procedure in this behalf the Chief Justice or any person of institution designated by him could appoint Arbitrator if parties do not agreed on the appointment of Arbitrator or Arbitrators. Since scheme under the Act has been settled by this court and duly published, the petitioner-respondent could always make such an application. All that learned single Judge has said in the impugned order is a reiterated of the fact that und...

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Aug 30 1997

Katakam Venkateswarlu and anr. Vs. Asst. Director, Handlooms and Texti ...

Court: Andhra Pradesh

Decided on: Aug-30-1997

Reported in: 1997(6)ALT796

ORDERV. Rajagopala Reddy, J.1. Elections were conducted for the Board of Directors of the 2nd respondent- Society and for the Presidentship of the Society, on 27-5-1995. All the eight Directors were elected unanimously. So also the President, the 3rd respondent herein. The petitioners were elected as Directors. There were strained relations between the petitioners and the 3rd respondent, the President. Therefore, it was alleged, the 3rd respondent, who is the President of the Society, along with 3 Directors hatched a plan to declare the petitioners as disqualified members on the ground of not attending three meetings of the Board, which renders automatic cessation of the membership. Accordingly a meeting was called on 5-12-1996, and one of the agenda to be discussed was to declare the petitioners as disqualified. However, the petitioners were not served with the notices for the meeting to be held on 5-2-96 (sic. 5-12-96). Coming to know of the agenda, they filed a representation to the...

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Aug 30 1997

Arulsamy Sabastian, Madras Vs. Secretary to Govt. (Political General A ...

Court: Andhra Pradesh

Decided on: Aug-30-1997

Reported in: 1998(2)ALD812; 1998(1)ALD(Cri)482; 1998(1)ALT(Cri)149; 1998CriLJ1516

ORDERY. Bhaskar Rao, J.1. The petitioner-Arulsamy Sebastain filed the writ petition assailing his detention orders dated 1-11-1996 passed by the first respondent -- The Secretary to Government (Political General Administration) (Law & Order -II) Department, Government of A.P.,Hyderabad under Section 3(1) (i) and (iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act,1974 (as amended) (for short 'the Act')2. It is stated that when the petitioner boarded the Indian Airlines Flight IC 591 on 16-9-1996 at about 10-00 p.m. and when the flight was to take off, a few D.R.I. Officers came to the flight and off loaded him and brought him down. The petitioner was travelling to Sharjah for getting visas for various jobs at Gulf Countries. The petitioner had been four times earlier to Sharjah. The D.R.I. Officers had falsely alleged that he had been illegally exporting foreign currency through Hyderabad Air Port, Hyderabad and further alleged that they have recove...

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Aug 29 1997

Vijayashanti Instruments Corporation Vs. Directorate of Womens Develop ...

Court: Andhra Pradesh

Decided on: Aug-29-1997

Reported in: 1998(1)ALD515

1. Respondent No. 1 is the Directorate of Womens Development and Child Welfare, Government of Andhra Pradesh, represented by its Director. For the purpose of procurement of preschool material, a tender notice was issued by Respondent No. 1 with even date 6-5-1997 in the proceedings No.IFB.No.66/WB.ICDS/PS/97-98 and also issued the bidding document stipulating the conditions, the terms and the schedule for such purpose, and it appeared, in Eenadu Telugu Daily dated 16-5-1997. The petitioner, Respondent No.2 and one M/s. Mahaveer Industries which was impleaded as Respondent No.3 subsequently by virtue of the orders in WPMP.No.32129 of 1997, from among others submitted the tenders. As per the bidding document and the notification, the following was the programme for submitting (he tender application, consideration opening etc.'National competitive Bidding for the supply of pre-school materialBid reference: Tender No.66/WBICDS/PS/97-98.Date of commencement ofsale of bidding document: 19-05...

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Aug 29 1997

M. Chinna Rao and anr. Vs. Visakhapatnam Steel Project and ors.

Court: Andhra Pradesh

Decided on: Aug-29-1997

Reported in: 1998(2)ALD645

ORDER1. The petitioners (two in number) are seeking appointment as Assistant Store Keepers with Visakhapatnam Steel Plant Project under the Scheme of Rehabilitation of the Oustees of land acquired for the said steel Project.2. By a letter dated 4-6-1992 addressed to the Employment Exchange by the 1st respondent the names of nine persons including the present petitioners were communicated as the persons selected for the post of Assistant Store keepers out of those who were sponsored by the Employment Exchange and that their Employment Registration Cards and other details would be forwarded to the Employment Exchange soon after their joining Visakhapatnam Steel Project By a subsequent letter dated 23-10-92 the Steel Plant informed the Employment Exchange that it had been decided not to fill the posts of Assistant Store Keepers earlier notified on 10-9-1991 and that the recruitment be treated as closed. By letter dated 4-3-1997 the Steel Plant sought confirmation from the Employment Excha...

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Aug 29 1997

Syed Farees Ahmed Vs. Syed Ataullah and Another

Court: Andhra Pradesh

Decided on: Aug-29-1997

Reported in: 1998(3)ALD554; 1998(1)ALD(Cri)697

ORDER1. This petition is filed under Section 482 Cr. PC to quash the proceedings in CC No.326 of 1996 on the file of XXII Metropolitan Magistrate, Hyderabad.2. The facts in giving rise for filing of the petition are briefly as follows :Syed Ataullah, the first respondent herein filed a complaint before the Station House Officer, Abids Police Station on 15-9-1994 alleging that he is receiving telephone calls threatening that his daughter has been married to 5. Farees Ahmed, the petitioner herein who is said to be friend of his son S. WarisuddinNaveed and used to visit his house and shop to meet his son. It is further stated that he has also taken an amount of Rs.50,000/- by promising to get a Visa of KSA, but he failed to get the Visa and on demanding to repay the said amount he started behaving in an indifferent manner and started threatening that if he insists for payment of money he will sec the end of his life. It is further stated that he developed friendship with his relatives and...

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Aug 29 1997

D. Seetha Rami Reddy Vs. Madras Motor Finance Guarantee Company Ltd., ...

Court: Andhra Pradesh

Decided on: Aug-29-1997

Reported in: 1997(6)ALT230

ORDERMotilal B. Naik, J.1. Order of arrest passed against the petitioner-judgment-debtor herein in E.P.No. 23 of 1994 in M.O.S.No. 2946 of 1981 on 5-7-1995 by the Subordinate Judge, Kavali is assailed in this revision on various grounds.2. Petitioner is the judgment-debtor and he suffered a money decree in M.O.S.No. 2946 of 1981 on 9-12-1982. Though the decree-holder made several efforts, the petitioner herein did not pay any amount to discharge his decretal obligation, which necessitated the decree-holder to file E.P.No. 23 of 1994 for realisation of the decretal amount of Rs. 1,51,090/- with interest as on 29-7-1994. In the said E.P., the decree-holder had invoked two provisions, viz., Order 21 Rule 22 CPC and Order 21 Rule 37 CPC and notices were sent accordingly to the judgment-debtor. Having received the notices, the judgment-debtor contended that issuance of notices under Order 21 Rule 22 CPC and Order 21 Rule 37 CPC simultaneously is not correct and contended that the E.P. is li...

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Aug 29 1997

Kulluru Hemalata and ors. Vs. Special Deputy Collector, La (Vuda) and ...

Court: Andhra Pradesh

Decided on: Aug-29-1997

Reported in: 1997(6)ALT304

P. Venkatarama Reddi, J.1. These appeals under Section 54 of the Land Acquisition Act arise out of the same award, namely Award No. 5 of 1981 passed by the Special Tahasildar, Land Acquisition, VUDA, Visakhapatnam. Hence, the appeals are being disposed of by common judgment.2. The extent of land involved in these appeals is about Ac.2-62 cents situate in Sy. Nos. 9, 10, 13 and 14 of Pedda Waltair revenue village within the Municipal limits of Visakhapatnam. The lands were acquired for the purpose of Muvvalavanipalem IUDP Scheme. The notification under Section 4(1) of the Land Acquisition Act was published, in relation to these lands, on 22-3-1979. The Land Acquisition Officer passed the Award No. 5 of 1981. He fixed the market value at Rs. 9.59 paise per square yard. On reference under Section 18 of the Act the I Addl. Subordinate Judge, Visakhapatnam, by his identical awards passed on 31-8-1988 in O.P.Nos. 34/85, 35/85, 36/85, 32/85, 42/85, 43/85, 48/85, 49/85 and 50/85 enhanced and f...

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Aug 29 1997

Vallabaneni Rama Chowdary Vs. Commissioner of Police and ors.

Court: Andhra Pradesh

Decided on: Aug-29-1997

Reported in: 1997(6)ALT610

N.Y. Hanumanthappa, J.1. The petitioner, seeking Writ of Habeas Corpus to direct the respondents to produce Vallabhaneni Venkataiah Chowdary, her husband this Writ Petition is filed with the following contentions.2. The alleged detenu - husband of the petitioner is a businessman since more than 15 years against whom no complaint was made so far. He was suffering from Diabetes and heart ailment. When the Malakapuram police made enquiries about the whereabouts of the detenu, the petitioner questioned the police as to why enquiries are being made. The Police informed her that her husband was an accused in some criminal cases and hence his presence was required. On 13-7-1997 at 10.30 P.M., the Sub-Inspector of Police, Malakapuram, Law & Order, along with some constables went to the house of the petitioner and took away the detenu to the Police Station, informing the petitioner that the detenu would be produced before the concerned Court on 14-7-1997. The petitioner came to know that someot...

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