Court : Andhra Pradesh
Reported in : 1999(2)ALD239; 1999(1)ALD(Cri)573; 1999(1)ALT(Cri)159; 1999CriLJ1097
ORDER1. Since the question involved in these cases is one and ths same, they are being disposed of by this common order.2. Petitioner and the respondents in both the Criminal Revision Petitions are same. Criminal Revision Petition No.1135 of 1997 is filed against the order dated 24-11-1997 in Crl. MP No.5596 of 1997 in CC No.367 of 1997 on the file of XV Metropolitan Magistrate, Hyderabad and Criminal Revision Petition No. 1136 of 1997 is filed against the order dated 24-11-1997 in Crl. MP No.5597 of 1997 in CC No.368 of 1996 on the file of the XV Metropolitan Magistrate, Hyderabad. These petitions were filed under Section 311 Cr.PC to recall PW3 to mark the certificate issued by the officer in Indian Bank, Begumpet Branch Hyderabad, in both the above cases, to establish certain facts in the cases.3. For the sake of convenience the facts in Criminal Revision Case No.l 135 of 1997 are taken for the disposal of both the Revision Cases.4. In the main case the prosecution's evidence was al...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(5)ALD138; 1999(4)ALT107
ORDERN.Y. Hanumanthappa, J 1. CMA No.324/91 has been directed against the order and decree dated 31-12-1990 in OP No. 101/88 on the file of the Motor Accidents Claims Tribunal-cum-Additional District Judge, Ongole, whereas CMA Nos. 1302/96, 1303/96, 1304/96 and 1305/96 have been directed against the order and decree dated 30-11-1995 made in OP Nos.559/90, 560/90, 563/90 and 561/90 respectively on the file of the Motor Accidents Claims Tribunal-cum-I Additional District Judge, Kurnool.2. The appellant in all the above appeals is the Insurance Company. Since the point involved in all the appeals is common, they are clubbed and disposed of by a common judgment.3. The case of the claimant in OP No.101/88 was that on 28-10-1987 at about 8 p.m. while he was proceeding to Vijayawada, the lorry bearing No.APD 6864 in which he was travelling met with an accident due to the rash and negligent driving of the driver who was working under Respondent Nos.1 and 2, the owners of the vehicle. Due to th...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(1)ALD28; 1998(6)ALT318
ORDERS.V. Maruthi, J.1. These writ petitions are filed challenging the validity of the Andhra Pradesh Tax on Luxuries Act, 1987 as amended by Act No.28 of 1996 (hereinafter referred to as the impugned Act) on the ground that it is ultra vires Articles 14, 245, 246, 265, 269, 286, 301 and 304 of the Constitution of India and, therefore, unconstitutional and void as the purported levy of the tax is in effect and substance a tax on sales and, therefore, void, and ultra vires the Section 15 of the Central Sales Tax Act, 1956, and consequently the 1st respondent has forfeited its entitlement to'its proportionate share of additional excise duty collected by the 2nd respondent under the provisions of the Additional Duties of Excise (Goods of Special Importance) Act, 1957. WPNo.16909 of 1996 is filed by M/s. ITC Limited, WP No.16913 of 1996 is filed by M/s. VSR Industries Limited.2. WP No.16914 of 1996 is filed by M/s. Godfrey Philip Limited and others and WP Nos.1560 of 1997 and 25071 of 1997...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(1)ALD140; 1998(6)ALT593
ORDERMotilal B. Naik, J1. A short question that arises for consideration in this Writ Petition is whether the order passed in VMA No.74 of 1998 in MA No.339 of 1998 in OA No.480 of 1998 dated 27-2-1998 by the Andhra Pradesh Administrative Tribunal could be sustainable ?2. Facts in brief are as under:The petitioner and the third respondent were directly recruited to the post of Sub-Inspector of Police (woman) in the year 1989. After successful completion of the training at the Police Training College, Anantapur, petitioner was given posting as Sub-Inspector (woman) of Police in the City of Hyderabad and ever since she has been continuing in the said post for more than nine years. Petitioner's probation in the category of Sub-Inspector of Police (woman) was also declared and she is receiving all the consequential benefits pursuant thereto. The third respondent who was also recruited along with the petitioner as Sub-Inspector of Police (woman) was required to pass a language test in Telug...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(6)ALD661; 1998(6)ALT274
ORDER1. This writ petition is directed against the judgment and order of the A.P. Co-operative Tribunal at Vijayawada dated 13-10-1998 passed in OA No.339 of 1996, setting aside the order of Deputy Registrar of Co-operative Societies, Eluru dated 2-11-1996, disqualifying the first respondent herein as member of the Committee of Management of the Pulla Co-operative Rural Bank, Pulla.2. The relevant facts germane for disposal of the writ petition be stated briefly as under:The first respondent stood as guarantor for the loan borrowed by his son on 17-7-1995, and the loan had to be repaid within a period of one year. The loan was not repaid within the stipulated time. Therefore, the petitioner-Bank issued notice to the first respondent on 5-10-1996 bringing to his notice about the default of the principal borrower in repaying the loan amount and directing the first respondent to repay the loan amount on or before 16-10-1996. The first respondent did not reply to the notice. In the circums...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(1)ALD125; 1999(1)ALT73
ORDER1. The petitioner filed this writ petition seeking a writ of Mandamus questioning the action of the respondents in not promoting him as Grade-I Mechanic inthe quota earmarked for ITT candidates during the year 1978 as illegal, arbitrary and consequently sought for a direction to promote him as Gradc-I Mechanic in the year 1978 with all consequential benefits.2. The factual background of this case is that the petitioner having studied up to 10th class, joined Industrial Training School at Kakinada in the year 1963 when employment oriented courses were introduced by the State Government at the secondary level of education. It is also now on record that these courses were wound up after 3 or 4 years. The Industrial School Leaving Certificate Course is a two years course and the petitioner having passed the examination obtained ISLC Certificate in the year 1963. Thereafter he also studied Draftsman course of one year in Auto Service and obtained a Certificate in Draftsmanship.3. On th...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(1)ALD106; 1998(6)ALT800
ORDER1. The petitioner herein is the judgment debtor in EP No.70 of 1995 on the file of the Principal District Munsif, Srikakulam. This Civil Revision Petition is filed against the order of the Principal District Munsif in EA No.445 of 1996, dated 28-3-1997.2. In this Civil .Revision Petition the issue that has come up for consideration is the consequences that wilt flow from the purchase of an undivided share of one of the decree holders by the judgment debtor.3. The facts of this care are extracted in extenso in Second Appeal No.468 of 1994. In brief, it is suffice to state that the suit filed by the respondents herein for delivery of vacant possession of the site and recovery of arrears of rents vas decreed by the trial Court and the same was confirmed by the appellate Court. Though the second appeal preferred by the petitioner herein was admitted but the interim stay granted on 6-10-1994 was vacated on 25-8-1995. In the meantime, the respondents filed EP No.70 of 1995 and the execu...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(1)ALD162; 1999(1)ALT32
ORDER1. An application under Sections 30 and 33 of the Arbitration Act has been decided by the Subordinate Court on 2nd May, 1997, This has been challenged by way of revision. The revision has been filed on 11th March, 1998. It is stated that there is a delay of 189 days in presentation of the revision and an application for condonation of delay has also been filed.2. I have heard the learned Counsel for the petitioner in the application seeking condonation of delay. It is stated in the affidavit filed by the Executive Engineer that the judgment was pronounced on 2-5-1997 and on coming to know from the Assistant Government Pleader that the judgment was delivered he requested to apply for certified copy and the Asst. Government Pleader applied for it on 21st August, 1997.From this assertion it is clear that more than three months time was lost only for making the application for certified copy. If the judgment was pronounced on 2-5-1997 why was application not made till 21st August, 199...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(2)ALD77; 1999(1)ALT152
ORDER1. This Civil Revision Petition is directed against an order rejecting the application filed by the petitioner under Order 1 Rule 10 CPC to implead the second respondent herein as a party to the suit.2. The suit is filed by the petitioner for specific performance of an alleged oral agreement between her and the first respondent, whereby the right of pre-emption was created in favour of the petitioner in respect of the plaint schedule property. It is the case of the petitioner that subsequently the first respondent sold away the suit property to the second respondent in violation of the alleged oral agreement. The petitioner, therefore, filed the instant application seeking to implead the 2nd respondent as a party to the suit.3. The lower Court dismissed the application with the observation that if anybody intends to sell the property it should be in writing and the agreement conferring the right of pre-emption should also be in writing and that in case the petitioner succeeds in t...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(3)ALD136; 1998(6)ALT427; [1999(82)FLR35]
ORDER1. This writ petition is filed by the management of the A.P. Paper Mills Limited, Secunderabad praying for a writ of Prohibition prohibiting the 1st respondent Civil Court from entertaining the suit OS No.649 of 1997 filed by the 2nd respondent and to declare that the said suit is not maintainable and it is impliedly barred by the provisions of the Industrial Disputes Act, 1947 (for short, 'the Act'). It is averred in the affidavit filed in support of the writ petition that there are three recognised trade unions in the petitioner industry.2. On 24-1-1993 a settlement was entered into between the management of the petitioner industry and the recognised trade unions in the course of conciliation and that settlement was executed under Section 12(3) of the Act. The term of the said settlement expired on 31-12-1995. Subsequently, again after necessary negotiations before the Commissioner of Labour, a settlement was entered into between the parties on 28-6-1997, and the term of the set...
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