Andhra Pradesh Court November 1998 Judgments
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Vatsavayi Venkata Suryanarayana Raju (Died) by Lrs. Vs. Metta Veerabha ...
Court: Andhra Pradesh
Decided on: Nov-02-1998
Reported in: 1999(1)ALD308
ORDER1. This appeal is brought by the plaintiff in OS No.9 of 1984 on the the of the Principal Subordinate Judge, Srikakulam. The suit is for specific performance of the agreement dated 8-8-1980 in respect of an agricultural land of an extent of Ac.3.24 cents in S.No.192/5 of Suryaraopeta, Kakinada or in the alternative to refund the advance of Rs.80,000/- along with interest. The Court below partly decreed the suit directing refund of the advance and rejected the relief for specific performance.2. Defendants 2 to 5 are the sons of Dl and all of them constitute Hindu Joint Family. The defendants agreed to sell the property at the rate of Rs.70,000/- per acre and the agreement of sale was executed and an advance of Rs.30,000/- was paid on the date of execution. It was agreed that the appellant should pay an amount of Rs.50,000/-by 25-9-1980. Thereafter the property should be measured and on the actual extent to be ascertained, the balance of the sale consideration to be paid by 25-11-19...
G.V.S. Lingam Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Nov-02-1998
Reported in: 1999(1)ALD413; 1999(1)ALD(Cri)50; 1999(1)ALT(Cri)290; 1999CriLJ1026
1. This appeal is directed against the judgment of Special Judge for CBI Cases Visakhapatnam dated 22-3-1995 rendered in CC No,9 of 1990 under which the appellant has been held guilty and convicted for an offence under Section 5(1)(e) read with Section 5(2) of Prevention of Corruption Act, 1947 and has been sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs. 1,00,000/- and in default of payment of fine to suffer rigorous imprisonment for one year.2. The facts leading to this appeal may be stated briefly as follows : The appellant, accused has joined Food Corporation of India as a Quality Control Assistant and later was promoted as Assistant Manager and was working as Deputy Manager on the relevant date. Being an employee of Food Corporation of India he was a public servant within the meaning of Section 21 of the Indian Penal Code. On 27-8-1987 searches were conducted in the house of the accused at Visakhapatnam. Various assets and properties were seized d...
Csr Estates, Flat Owners Welfare Association, Kothapet, Rr Dist. Vs. H ...
Court: Andhra Pradesh
Decided on: Nov-02-1998
Reported in: 1998(6)ALD547; 1998(6)ALT540
ORDER1. The petitioner, CSR Estates Flat Owners' Welfare Association, Kothapet, Ranga Reddy District, has filed this writ petition for a writ of Mandamus or any other appropriate writ, order or direction declaring the action of respondent No.) i.e., Hyderabad Urban Development Authority, in granting modification in building permission vide proceedings No.696/P4/H/94datcd2-l-1988, in favour of respondent No.3, as illegal, arbitrary and contrary to law. By the impugned proceedings, the respondent No. 1 has permitted certain modifications and alterations in the original sanctioned plan dated 19-7-1991 in favour of the respondent No-3, who is a builder. This action of respondent No.l is now being challenged by the petitioners' Association.2. In the affidavit filed in support of the writ petition it is alleged by the petitioners' Association that it is a registered Association under the Societies Registration Act and the petitioners' association consists of all the flat owners residing in t...
S. Janardhan Reddy Vs. Principal Secretary Higher Education, Hyderabad ...
Court: Andhra Pradesh
Decided on: Nov-02-1998
Reported in: 1998(6)ALD570
ORDER1. This writ petition is filed praying for the issuance of a writ of Ccrtiorary quashing the proceedings Rc.No.476/PC III-14/97 dated 10-2-1998 and consequently for a direction to the respondents to absorb the petitioner in the aided post of the Lab-Attefider from the date of completion of five years in the 4th respondent - College.2. In the affidavit filed in support of the writ petition is stated that the petitioner lias been working since eleven years on a consolidated pay of Rs. 1,620/- per month and on 11-6-1996, four posts of aided Lab-Attendcrs fell vacant and two of the colleagues of the petitioner by names Venkatesh and Krishna Murthy have been absorbed on those aided posts, but the services of the petitioner have not been regularised. In these circumstances, the petitioner approached this Court in WP No.5947 of 1996 for regularisation and this Court disposed of the said writ petition with a direction, directing the respondent Nos.3 and 4 to consider the proposal sent by ...
Nizam Sugars Officers Welfare Association and Others Vs. Government of ...
Court: Andhra Pradesh
Decided on: Nov-02-1998
Reported in: 1998(6)ALD538; 1998(6)ALT507
1. This writ petition is filed praying for a writ of Mandamus or any other appropriate writ or direction, directing the respondents to retain and continue the services of the petitioner Nos.2 to 16 in the respondent No.2 - Company, as officers with all the consequential benefits, by declaring the action of respondent Nos. 1 and 2, transfering the petitioners 2 to 16 to the respondent No.3, along with the machinery and other property of the Hindupur unit of the respondent No.2 -Company, as illegal, arbitrary, discriminatory, without jurisdiction etc., and opposed to the principles of natural justice and as such violative of Articles 14, 16 and 21 of the Constitution of India.2. In the affidavit filed in support of the writ petition, it is stated that the petitioner No. 1 is the registered association of the officers of the respondent No.2 and petitioners 2 to 16 are the employees/officers of the respondent No.2 and respondent No.2 - Company being a Government Company is State within Art...
ibrahim Ali Khan Vs. Registrar of Co-op. Societies, Government of A.P. ...
Court: Andhra Pradesh
Decided on: Nov-02-1998
Reported in: 1998(6)ALD791
ORDER1. Shorn of all the details, the petitioner in the instant writ petition assails the order passed by the first respondent, the Registrar of Co-operative Societies,Government of Andhra Pradesh, Hyderabad, in RC N0.68614/98-L1, dated 22-9-1998 rejecting the revision petition filed by him under Section 77 of the Andhra Pradesh Co-operative Societies Act, 1964, (for short 'the Act').2. The petitioner joined the services of the second respondent-Bank as Manager (Accounts) in August, 1990 and later on promoted as Deputy Managing Director and as at present is the Managing Director (under suspension). The Board of Directors of the second respondent-Bank through its resolution dated 3-9-1998 kept the petitioner under suspension pending inquiry into the allegations. The petitioner is alleged to have committed several irregularities in sanctioning loans and cash credit. He is also alleged to have involved in mis-appropriation of bank funds under the head 'Cheque discounting' in King-Koti Bra...
Khader MohiddIn Vs. Central Bank of India and anr.
Court: Andhra Pradesh
Decided on: Nov-02-1998
Reported in: 1998(6)ALT468
Umesh Chandra Banerjee, C.J.1. This appeal is directed against an order of dismissal of the writ petition on the ground that the petitioner has an alternative remedy in the matter by way of an Industrial Dispute.2. At the first blush, upon hearing the submissions made on behalf of the parties, we did consider the matter at some length. But by reason of the Bench decision of this Court in State Bank of India v. M. Rajaiah : 1998(4)ALD211 . we record our inability to lend concurrence to the submissions made by Sri M. Panduranga Rao, learned Advocate appearing in support of the appeal. Reliance on the decision of the Supreme Court in the case of Dr. Bal Krishna Agarwal v. State of U.P. : [1995]1SCR148 . in our view, however, is misplaced and in any event the Supreme Court decision has no manner of application and the same is clearly distinguishable on facts. Be it noted that this Court in paragraph 32 of the judgment in State Bank's case supra observed that the matter does not fall within...
K. Babu and ors. Vs. Sri Seetharama Swamy Prabhuvu Varu and ors.
Court: Andhra Pradesh
Decided on: Nov-02-1998
Reported in: 1998(6)ALT503
Umesh Chandra Banerjee, C.J.1. The interference of the writ Court and availability of the doctrine of judicial review are now well settled since the decision of the Supreme Court in the case of Syed Yakub v. K.S. Radhakrishnan : [1964]5SCR64 . A recent pronouncement of the Supreme Court in the case of Tata Cellular v. Union of India : AIR1996SC11 . categorically lays down that interference can be had only in the event the decision making process is otherwise not in accordance with law. Similar was the trend of the Supreme Court in the case of H.B. Gandhi v. Gopi Nath and Sons 1992 Supp. (2) SCC 312. that judicial review cannot be and is not directed against the decision itself, but it is directed against the decision making process. Let us, therefore, in the contextual facts, analyse and see for ourselves whether there is any infraction of law in the matter of decision making process. The contextual facts have been taken care of by the learned single Judge who came to a definite conclu...
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