Andhra Pradesh Court September 1997 Judgments
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Chairman, Ongc and ors. Vs. R.R. Naidu
Court: Andhra Pradesh
Decided on: Sep-03-1997
Reported in: 1997(6)ALT394
P.S. Mishra, C.J.1. The instant appeal by the management under Clause 15 of the Letters Patent is directed against the judgment in the petition under Article 226 of the Constitution of India. Undisputed facts are as follows:Writ petitioner - respondent has been employed as Senior Driller by the appellants herein when he was subjected to a criminal charge and convicted for the offences under Sections 120-B and 409 I.P.C. and Section 5(2) of the Prevention of Corruption Act by the Court of Special Judge at Gauhati. On his conviction, he was first put under suspension, vide order, dated 3-5-1982 and dismissed from service, vide the office order, dated 6-6-1983. Writ Petitioner - respondent, however, preferred appeal against his conviction before the High Court of Gauhati at Assam. He also preferred a writ petition before this Court against the order of dismissal from service. The appeal against conviction in Gauhati Court, however, ended in the order setting aside the conviction by the Sp...
Gandhari Ramesh Vs. Janardhan Naidu,
Court: Andhra Pradesh
Decided on: Sep-03-1997
Reported in: 1997(6)ALT569
M.N. Rao, J.1. This appeal is from the judgment of the learned Chairman, Motor Accident Claims Tribunal-cum-Additional District Judge, Adilabad, in O.P.No.402 of 1993, by which compensation in a sum of Rs. 1,33,000/- was awarded in favour of the appellant herein in respect of a Motor accident that occurred on 14-5-1993 in Yellaram village near Adilabad, which had resulted in the total severance of his right hand upto the shoulder. The appellant, an unmarried, was aged 23 years at the time of the accident. He passed Trade Certificate Examination in Electrical Branch in the month of January, 1991. He was employed as an Electrician in M/s. Sri Lakshmi Narasimha Swamy General Engineering and Electrical Works, Palakurthi, Warangal on a monthly salary of Rs. 2,500/-. On the fateful day i.e., 14-5-1993, the appellant was proceeding to Adilabad in a APSRTC bus for the purpose of submitting the application for appointment as helper in the Andhra Pradesh State Electricity Board. When the bus rea...
Gandhari Ramesh Vs. Janardhan and ors.
Court: Andhra Pradesh
Decided on: Sep-03-1997
Reported in: 1999ACJ816
1. This appeal is from the judgment of the learned Chairman, Motor Accidents Claims Tribunal-cum-Addl. District Judge, Adilabad, in O.P. No. 402 of 1993, by which compensation in a sum of Rs. 1,33,000 was awarded in favour of the appellant herein in respect of a motor accident that occurred on 14.5.1993 in Yellaram village near Adilabad, which had resulted in the total severance of his right arm up to the shoulder. The appellant, an unmarried, was aged 23 years at the time of accident. He passed Trade Certificate Examination in Electrical Branch in the month of January, 1991. He was employed as an Electrician in Sri Lakshmi Nara-simha Swamy General Engineering and Electrical Works, Palakurthi, Warangal on a monthly salary of Rs. 2,500. On the fateful day, i.e., 14.5.93, the appellant was proceeding to Adilabad in A.P.S.R.T.C. bus for the purpose of submitting the application for appointment as helper in the Andhra Pradesh State Electricity Board. When the bus reached Yellaram village, ...
M. Venkanna Vs. District Collector, (Land Acquisition), Khammam and or ...
Court: Andhra Pradesh
Decided on: Sep-02-1997
Reported in: 1998(1)ALD20; 1997(6)ALT573
ORDER1. In this writ petition, Proc.L.Dis.'No.Bl/41/96 dated 23-1-1996 issued by the first respondent refusing to reconvey the lands of the petitioner which were acquired for the purpose of construction of buildings and canals of Nagarjuna Sagar Project stating that the lands will be useful to Government for public purposes are assailed. 2. This Court while admitting the writ petition on 27-3-1996 ordered notice. After notice, the matter came up before me on 21-6-1996. Having heard the arguments on both the sides and having noticed that the Government ordered reconveyance of certain lands in its Memo No.49038/N.S.P.I(2)/91-5 dated 10-3-1995 including the lands belonging to petitioner. I directed the first respondent to be present in the Court along with the concerned files on 8-7-1996 to justify the issuance of the impugned Memo. The first respondent while coming to the Court seemed to have summoned the Superintending Engineer to his office on 7-7-1996 and seemed to have obtained a let...
Osmania University Vs. R. Madhavi and ors.
Court: Andhra Pradesh
Decided on: Sep-02-1997
Reported in: 1998(1)ALD212; 1998(1)ALT309
ORDERP.S. Mishra, C.J.1. These appeals under Clause 15 of the Letters Patent of the Court from a common judgment in the petitions under Article 226 of the Constitution of India raise the question whether Osmania and Kakatiya Universities in the State of Andhra Pradesh are under obligation to hold external examinations as were being conducted until the University Grants Commission (for short UGC) decided that no such external examinations be conducted by any of the Universities in the State.2. It is not in dispute that apart from holding regular courses of formal studies there has been a system of non-formal examinations for B.A, B.Com, B.Sc.; and M.A., M.Com., M.Sc. Maths in vogue. Candidates in the non-formal system of studies were taken through external examinations for the aforementioned courses without undergoing regular classes in the colleges recognised or run by the Universities. They could prepare in their homes and appear for the examination by paying necessary fees. For the p...
Non-conventional Energy Development Corporation of Andhra Pradesh (Ned ...
Court: Andhra Pradesh
Decided on: Sep-02-1997
Reported in: 1998(1)ALD417
ORDERP.S. Mishra, C.J. 1. This appeal under Clause 15 of the Letters Patent is directed against the judgment of the learned single Judge in the petition under Article 226 of the Constitution of India, Petitioner-respondent in the affidavit filed in support of the petitioner has stated as follows : Being an engineer, he joined the appellant-Non-Conventional Energy Development Corporation of Andhra Pradesh Ltd. (NEDCAP Ltd.) as management trainee in the year 1983 and was appointed as the Development Officer in the year 1984. He, being the senior-most officer, was promoted as District Manager on 3-8-1989 and posted to Ongole branch officer, after being ratified by the Board of Directors of the Corporation in its 113th Board meeting held in the month of August, 1989. The vacancy in which he was promoted was caused due to the resignation of one A. Ramakrishna Reddy, the then District Manager of Mahbubnagar District. Appellant-Corporation, however, wilhout any notice or reason reverted him o...
Sri Rama Wines Through Rama Rao and ors. Vs. Excise Superintendent, Ad ...
Court: Andhra Pradesh
Decided on: Sep-02-1997
Reported in: 1998(2)ALD686; 1998(1)ALD(Cri)486; 1997(6)ALT788
ORDERV. Rajagopal Reddy, J 1. The petitioners are Ihe licensees of FL-17 and FL-24. The licences were granted under Indian-made Foreign Liquor Rules, 1970 (forshort 'the Rules') which have been framed in exercise of rule-making powers conferred under the A.P.Excise Act, 1968 (for short 'ihe Act') . The licences were valid for a period of 5 years commencing from 1-10-1987 to 30-9-1992. The licence fees for FL-24 was Rs. 27,000/- and for FL-27 was Rs. 36,000/- prior to publication of GO.Ms. No. 18, Mpl.Admn. & Urban Development Department, dt. 9-1-1989. By the said GO. Sirpur area was included in the area of Kagaznagar Municipality with effect from 20-1-89. Kagaznagar municipality had a population of 18,120 and on tiie basis of the said population, the licence fees was originallylevied. After the inclusion of Sirpur area, which comprises of population of 33,536, into Kagaznagar Municipality the population increased to atotal of 51,656. A show cause notice dt. 17-9-89 was issued by the re...
P.S.R. Subrahmanyam and ors. Vs. Commissioner of Endowments and ors.
Court: Andhra Pradesh
Decided on: Sep-02-1997
Reported in: 1997(6)ALT346
ORDERN.Y. Hanumanthappa, J.1. As the question to be considered in all these Writ Petitions is one and the same, they are clubbed together and disposed of by a common order.2. The petitioners challenged the competency of the Commissioner (1st respondent) in transferring them from one Institution (Temple) to another Institution in the State of Andhra Pradesh on the ground that such transfers are illegal and without jurisdiction. The following is the list submitted by the petitioners with regard to their transfers.SI. W.P.No. Petitioner Working Transferred ByNo. Name in to ProceedingNo.1. W.P.No. 11835/97 P.S.R. Sub- Sri Durga- Simha- Re.No. Al/ramanyam malleswara chalam 24393/97-31,Swamy dt. 7-6-97.varla Devastha- nam, Vijayawada 2. W.P.No. 13638/97 P. Veera- ' Rc.No. Al /bhadrarao 24393/97-4,dt. 7-6-97.3. W.P.No. 13655/97 C. Durga ' Rc.No. Al/Prasad 24393/97-63,dt. 7-6-97.4. W.P.No. 13657/97 K. Rama Annavaram Rc.No. Al/Rao 24393/97-39,dt. 7-6-97.5. W.P.No. 13660/97 M. Tiruma- ' Simhacha...
B. Mallamma and ors. Vs. V.T.V. Ranga Chary
Court: Andhra Pradesh
Decided on: Sep-02-1997
Reported in: 1997(6)ALT36
Ramesh Madhav Bapat, J.1. The appellants herein were the original defendants in O.S.No.5308 of 1988, which was filed in the Court of the X Assistant Judge, City Civil Court, Hyderabad by the plaintiff/respondent herein.2. The suit was filed for ejectment of the defendants and possession of the suit schedule property on the ground that the defendants were the licensees and their licence was terminated and the defendants were working as servants with the plaintiff. The suit was decreed.3. Aggrieved by the aforesaid judgment and decree of the learned X Assistant Judge, City Civil Court, Hyderabad the appellants/defendants carried the matter in appeal by filing A.S.No.204 of 1993 in the Court of the Additional Chief Judge, City Civil Court, Hyderabad. On merit, the appeal was dismissed confirming the judgment and decree passed by the trial Court.4. The facts as stated in the suit can be briefly narrated as follows:The property in dispute originally belongs to one Nazuruddin Galib and in a ...
Shaik Khader Basha and anr. Vs. Dy. Commissioner of Excise, Warangal R ...
Court: Andhra Pradesh
Decided on: Sep-02-1997
Reported in: 1997(5)ALT801
ORDERY. Bhaskar Rao, J.1. These two writ petitions involve a common question of law. Hence, they are disposed of by this common judgment. In these two writ petitions, the orders passed by the Deputy Commissioner of Excise, Warangal Range, Warangal, are questioned. For the purpose of convenience, we are referring the facts of Writ Petition No. 16955 of 1994.2. The brief facts are that on 17-7-1994, the Excise Sub-Inspector, Range Tirumalaipalem of Khammam District intercepted a lorry bearing No. AEK 8053 and seized 100 Bulk litres of I.D. Liquor in ten plastic cans. The case property was seized and four persons including the driver were arrested under the cover of panchanama and they were sent to judicial remand. C.R. No. 72 /1993-94 was registered. The Driving Licence and 'C' book of the vehicle were also seized. As per the 'C' book, the vehicle stands in the name of Sri Shaik Khader Basha i.e., the petitioner in Writ Petition No. 16955 of 1994. The statements of the arrested persons w...
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