Andhra Pradesh Court October 1998 Judgments

Jitendra Kumar Agarwal Vs. Employees' State Insurance Corporation

Court: Andhra Pradesh

Reported in: 1998(2)ALD(Cri)892; 1999(1)ALT799; (1999)IIILLJ1604AP

K.B. Siddappa, J.1. This revision is tiled against the order passed in PSC No. 110/1994 on the file of Special First Class Magistrate, Employees' Insurance Court and Chairman, Industrial Tribunal, Hyderabad.2. The case of the petitioner is that the Special Magistrate has no power to pass the impugned order. The notification in G.O. Ms. No. 91, Home (Courts-B) Department, dated January 12, 1963 made by the Government of Andhra Pradesh had worked out. Under Sub-section (1) of Section 14 of the Code of Criminal Procedure, 1898 (Central Act 5 of 1898), the Governor was authorised to confer powers upon the Presiding Officer, Industrial Tribunal, Hyderabad to try cases punishable under Sections 84 and 85 of the Employees' State Insurance Act, 1948. Subsequently after amendments of the old Act this G.O. is no longer valid. It is also not saved by savings provision under Section 484 of the Code of Criminal Procedure. Now under Section 13 of the New Code, the High Court is vested with the power...

Y. Suryanarayana Vs. Union of India and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

K. Ranga Rao, Member: 1. This is a complaint filed under Section 17(a)(i) of the Consumer Protection Act, 1986 with the following allegations. 2. The complainant is a practising Advocate at Hyderabad with more than 43 years standing at the Bar, commanding a large volume of work both in the High Court and in the Administrative Tribunals. A telephone No. 36504 was given to him long back and he has been using it by paying the bill amounts regularly. He received a bill dated 11.7.1992 for a sum of Rs. 2,761/-. in respect of his telephone No. 36504 and he paid the said amount on 27.7.1992 in Humayunnagar Post Office under bill No. 5548 book No. 27 before due date i.e., 29.7.1992. The complainant found that his phone was not working on the morning of 14.9.1992. He could not contract anybody on phone on that day. He asked one of his friends who came to his house to inform the Telephone Department about the same on that day. After he went to the Court, he came to know through some of his Advoc...

R. Mallesu and Another Vs. Regional Manager, Apsrtc, Srikakulam Region ...

Court: Andhra Pradesh

Reported in: 1999(1)ALD190; 1999(1)ALT191

ORDER1. Heard the learned Counsel for the petitioner and the learned Standing Counsel for the Corporation. Pursuant to the directions of this Court in WP No.4707 of 1994 the respondent-Corporation had considered the request of the petitioner for absorption into the services of the Corporation. It is stated that the Selection Committee met on 25-5-1994 and examined the cases of the petitioners. The Committee had noticed that the first petitioner had not attended the interview along with the staff who were working on vehicle No. APS 8118 during November, 1987 and January, 1988. The petitioner is stated to have produced letter of appointment counter-signed by the Labour Officer without any date. The Committee had also noticed that the petitioner failed to submit evidence like wage slips, wage registers, vehicle check reports, trip sheets etc., to establish that he had genuinely worked on vehicle bearing No. APS 8118. For the aforesaid reasons, the Committee came to the conclusion that the...

S.S. Janardhan Rao Vs. Andhra University and anr.

Court: Andhra Pradesh

Reported in: 1998(6)ALD480

1. The issue that arises for consideration is as to the superannuation age of the Librarian working in Andhra University.2. The petitioner filed writ petition seeking writ of mandamus declaring that theage of superannuation of Librarian as 60 years. The petitioner submits that he was appointed as Librarian in the University in the year 1995 in the scale of 4500-7300 (equivalent to the scale of Professor). It is the case of the petitioner that the Government of India, Ministry of Human Resources Development by letter dated 22-7-1988 directed that the revised pay scales of Librarians and Physical Educational Personnel should be the same as approved for Teacher. The revised pay scales were sanctioned to those who are having prescribed qualification. A direction was also issued by the Government on 31-3-1988 to make necessary amendments to the statutes, Ordinances etc., incorporating the scheme. The scheme provided the age of superannuation of 60 years. In pursuance of the said direction, ...

G. Mutyalu Vs. Managing Director, Apsrtc, Hyderabad and Another

Court: Andhra Pradesh

Reported in: 1998(6)ALD432; 1998(6)ALT23

ORDER1. The petitioner is presently working as driver in the establishment of the 2nd respondent. The petitioner was issued with charge-sheet dated 27-9-1997 alleging that he failed to inform about his arrest on 27-9-1997 to his immediate superior officer and this conduct of the petitioner amounts to a mis-conduct under Regulation No.26 of the APSRTC Employees (Conduct) Regulations, 1963 and Regulation No. 18(2) of the APSRTC Employees (CC & A) Regulations, 1967. The following two charges arc framed against the petitioner.'' Charge No. 1: For having failed to inform the report of arrest on 27-9-1997 to the immediate superior officer even though you might have subsequently released on 14-10-1997, which constitutes mis-conduct under Regulation No.26 of APSRTC Employees (Conduct) Regulations, 1963. Charge No. 2: For having involved in Criminal case No.27-9-1997 and detained in custody for a period of exceeding forty eight hours, which constitutes misconduct under Regulation 18(2) of APSRT...

Sri Krishna Mohan Enterprises Vs. Commissioner of Income Tax, Visakhap ...

Court: Andhra Pradesh

Reported in: 1999(1)ALD9; [1999]238ITR384(AP)

ORDERS.V. Maruthi, J. 1. The Tribunal at the instance of the assessee referred the following question;'Whether on the facts and in the circumstances of the case, the Appellate Tribunal is right in holding that the cost of roofing and foundations were not included in the Valuation Officer's Report?'2. The facts in brief are as fellows:The Assessee is a registered firm of 19 partners. One K.V. Reddy was the ManagingPartner. They have purcliased 75 cents or 3830 square yards of land in Sy.No.409/4 for Rs. 15,000/-. They have also taken on long lease from the Government an adjoining area measuring 445.56 sq.mts. The assesses firm began constructing a cinema theatre in the said site which is subsequently named as Sri Laxmi Theatre. According to the assesscc the book value of the cost of the construction of the cinema house was Rs.6,45,392/-. The asscssce filed the return, accordingly, along with the approved valuer's report. The ITO found that the cost of construction adopted by the registe...

Mahmooda Begum Vs. Badrunnisa Begum

Court: Andhra Pradesh

Reported in: 1999(1)ALD71; 1999(1)ALT199

1. These appeals are taken up for disposal together, as they arise out of the common judgment in OS Nos.301 of 1974 and 215 of 1979, respectively, on the file of the IV Additional Judge, City Civil Court, Hyderabad, and the parties are the same in all the suits and a joint trial is held in all these suits. All the appeals are brought by the defendant. In all the appeals the premises bearing H.No.22-8-389-I and 2, situate at Purani Haveli, Hyderabad, is the subject matter. The brief facts in each appeal are stated as under:CCCA No. 149 of 1987:This appeal arises out of the judgment in OS 301 of 1974, which is a suit for recovery of Rs.37,820/- towards arrears of rent together with interest at 6% p.a., from the date of the suit.2. The respondent-plaintiff is the owner of the suit premises. She let out the premises to the appellant under a rental-deed dated 22-2-1971, on a monthly rent of Rs.1100/-. The appellant, contrary to the term of the rental deed, sub-let the premises and has been ...

Hyderabad Heavy Machining Industry, Hyderabad and Others Vs. A.P.S.E.B ...

Court: Andhra Pradesh

Reported in: 1998(6)ALD334; 1998(6)ALT54

ORDER1. At the stage of admission itself Sri K. N. Jwala, Standing Counsel for APSEB, took notice for the respondents. The writ petition was heard finally.2. The petitioners arc the small scale industries established before 1987, and they entered into an agreement with the respondent-Board for low tension power connection, and accordingly the Board installed the contracted/connected load of 75 H.P./50 K.W. As per the tariffs that were in force at the tune of entering into agreement with the Board, the petitioners were treated as L.T. Consumers. In the year 1996 the Board on the ground that there had been instances wherein many of the services were not functioning properly and the M.D. recorded is in excess of the stipulated 69% of the contracted load/connected load, issued B.P. Ms. No.149 dated 28-12-1996 in exercise of the powers conferred upon it by Section 49 of the Electricity Supply Act, 1940, to amend the existing L.T. Category-Ill Industrial Tariff, to remove the discrimination ...

G. Amrutha Rao and Others Vs. Acharya N.G. Ranga Agricultural Universi ...

Court: Andhra Pradesh

Reported in: 1998(6)ALD491

ORDER1. The petitioners herein were appointed as Lower Division Clerks (for short the 'LDC') initially in the respondent-University in 1963, 1967 and 1968 respectively. At that point of time there was no Rule which required passing of Account Test for seeking any further promotion. In October, 1981 the respondent-University brought into force the Regulations prescribing passing of Accounts Test as a condition for further promotion to the posts of Assistant Registrar/Assistant Comptrollers/ Administrative Officers/Personal Assistant to Vice-Chancellor etc. The employees of the respondent-University' men made several representations in this regard and on 27-12-1989 the respondent-University took a decision vide proceeding number 1769/SC 89 dated 27-12-1989 that those employees working as on 5-10-1981, were exempted from passing of Accounts Test for obtaining the first promotion. It was made clear that the said exemption was applicable only to obtain first promotion. Subsequently by proce...

Ch. Rajendra and Others Vs. Government of Andhra Pradesh and Others

Court: Andhra Pradesh

Reported in: 1998(6)ALD567; 1998(6)ALT461

1. This case is having a chequered career and since 1980 the petitioners are in the Court and from the events that have taken place any man will remember the game of snake and ladder. Even now both the parties have not come to the Court with clean hands. They are playing hide and seek game. The petitioners as well as the official respondents have no belief in rule of law and they are trying to settle their scores by using the Courts.2. Coming to the facts of the case I need not advert to the facts of this case. It is suffice to state that by order dated 31-8-1995 in Writ Petition Nos. 15250 of 1993 and 16686of 1993 while upholding the draft notification issued under Section 4(1) of the Land Acquisition Act, dated 15-7-1993 struck down the emergency clause under Section 17(4) of the Act and directed the authorities to conduct the enquiry under Section 5(A) of the Act by giving an opportunity to the petitioners to put forth their case in person. It is not in dispute that pursuant to this...