Andhra Pradesh Court April 1998 Judgments
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Chilukuri Ramarao and ors. Vs. Govt. of A.P. and ors.
Court: Andhra Pradesh
Decided on: Apr-16-1998
Reported in: 1998(3)ALD491; 1998(3)ALT110
ORDERA. Hanumanthu, J 1. This writ appeal has been preferred against the order dated 20-10-1997 passed in W.P. No.21766/96 refusing to grant interest on the delayed payment of interest on the compensation awarded to the petitioners' lands which have been acquired by the Slate.2. The facts, giving rise for filing of the writ petition have been exhaustively set out in the impugned order. Bereft of the details, the relevant facts are as under:The lands of the petitioners were sought to be acquired by the State for public purpose compulsorily and the possession thereof was also taken on 15-12-1984. Though initially the said acquisition was objected to by the petitioners, a compromise was arrived at between the petitioners and the State and a compromise Award i.e., Award No.2/89 dated 30-8-1989 was passed under Section 11(2) of the Land Acquisition Act, 1894 (hereinafter called as Act). The compromise provided for the payment of compensation at the rate of Rs.48/- per square yard and 30% so...
Narasamma and Others Vs. Habeebjan and Another
Court: Andhra Pradesh
Decided on: Apr-16-1998
Reported in: 1998(3)ALD661; 1998(3)ALT469
ORDER1. Aggrieved by the order of the lower Court in IA No.62 of 1996 wherein the application filed by the respondents seeking permission of the Court to come on record as second plaintiff was allowed, the legal representatives of the first defendant filed this revision petition.2. Heard both the learned Counsel.3. It is the case of the petitioners that the second respondent herein filed OS No.313 of 1984 on the file of District Munsif Court, Hindupur, seeking relief of permanent injunction against the first defendant, who died pending disposal of the suit. Thereafter, his legal representatives were brought on record. The trial of the suit was commenced on 18-7-1995 and the plaintiff was in the witness box by the time the first respondent herein filed the present IA No.62 of 1996 seeking permission of the Court to come on record by stating that she purchased the property from the plaintiff under a registered sale deed dated 13-4-1987. This application was allowed on 3-12-1997 on paymen...
N.H.V. Subba Rao Vs. Apsrtc, Musheerabad, Hyd. and Others
Court: Andhra Pradesh
Decided on: Apr-16-1998
Reported in: 1998(4)ALD1
ORDERUmesh Chandra Banerjee, CJ. 1. This Writ Appeal is directed against the order of rejection of the Writ Petition by the learned single Judge.2. The contextual feet depicts that Writ Petitioner-appellant sought compassionate appointment as Conductor in the Andhra Pradesh State Road Transport Corporation on the ground that his father had completed 25 years of service in the Corporation and on the basis of a Circular issued by the Vice Chairman and Managing Director, APSRTC dated 5-10-1987. Be it noted that the Circular dated 5-10-1987 stands cancelled and set asideby reason of the subsequent Circular dated 15-2-1995 issued by the Corporation. As a matter of fact, the circular dated 15-2-1995 categorically mentions that the earlier circular stands withdrawn by the issuance of the 1995 Circular. As such, no advantage can be derived from the former circular.3. It has been the definite contention of the learned advocate appearing in support of the appeal that since the application for co...
Shaik Mahaboob @ Gora Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Apr-16-1998
Reported in: 1998(4)ALD36; 1998(2)ALD(Cri)128; 1998(2)ALT(Cri)128
ORDERMotilal B. Naik, J.1. A1 in Sessions Case No.235 of 1995 on the file of the I Additional Sessions Judge, Kurnool, is the appellant before us who has been found guilty of committing murder of the deceased Shaik Shali Basha on 14-10-1994 at 6.30 p.m. and was convicted under Section 302 IPC and sentenced to imprisonment for life and also sentenced to pay fine of Rs. 100/-.2. Originally there were three accused who were charged that on 14-10-1994 around 6.30 p.m. A1 stabbed the deceased Shaik Shali Basha with a knife and caused bleeding injuries and A2 and A3 were with A1 at the time of the incident and thus all the three accused were charged for committing an offence under Section 302 IPC. On the basis of the evidence let in by the prosecution, the trial Court found only A1 guilty of committing the offence under Section 302 IPC whereas A2 and A3 who were charged of committing the offence under Section 302 read with 34 IPC were found not guilty and were acquitted.3. The case of the pr...
K. Eswara Dutt Vs. Chairman, Food Corporation of India, New Delhi and ...
Court: Andhra Pradesh
Decided on: Apr-16-1998
Reported in: 1998(3)ALD767; 1998(4)ALT373
ORDER1. Heard. 2. This writ petition is filed for a appropriate writ or direction directing the Respondents 1 to 3 to fix the petitioner's seniority against 50% quota meant for direct recruits in the post of Assistant Manager (technical) as per the Food Corporation of India (staff) Regulations 1971, in view of the fact that the petitioner was appointed as per the advertisement dated 28-9-1996, on which date the regulations 1971 held the field. 3. The learned Counsel appearing for the petitioner contended that the action of the respondents 1 to 3 in fixing the seniority of the petitioner as against 25% quota meant for the direct recruits as per the amended regulations of the year 1978 is illegal and without jurisdiction. She further submitted that there should a consequential direction to refix the seniority of the petitioner in terms of 1971 regulations without applying the amended regulation dated 7-11-1978 which was given retrospective effect with effect from 18-1-1971. On the other ...
Bongu Ramulu and Another Vs. Gudur Narender Reddy
Court: Andhra Pradesh
Decided on: Apr-15-1998
Reported in: 1998(3)ALD657; 1998(3)ALT473
1. Heard the learned Counsel for the petitioners.2. It is submitted by Mr. P. Sree Rama Moorthy, learned Counsel for the petitioners that the petitioners are defendants 2 and 3 in the suit OS No.1/98 on the file of the Junior Civil Judge, Ramannapet. The respondent, alongwith the suit, filed an interlocutory application IA 2/98 to restrain the petitioners from interfering with his possession over the suit land. But, the trial Court did not grant the interim directions and ordered notice on the said application. It is also stated by the learned Counsel for the petitioners that no written statement has been filed in the suit till this date. That being so, the defendants 2 and 3 filed an application IA 77/98 before the trial Court in the suit for appointment of an Advocate Commissioner under Order XXVI, Rule 10, read with 151 CPC to ascertain as to who is in possession of the suit property as on the date of the presentation of the suit and also to note down the physical features and mater...
M.T. Khan and Others Vs. Government of A.P., Hyd. and Others
Court: Andhra Pradesh
Decided on: Apr-13-1998
Reported in: 1998(3)ALD625; 1998(3)ALT508
ORDERUmesh Chandra Banerjee, CJ.1. Conferment of power under Article 226 of the Constitution insofar as the High Court is concerned is of widest possible amplitude. The language of the Article itself depicts the same and it does not require any external aid for such a conclusion. The High Court has the authority to issue appropriate writs including the writ of quo-warranto and certiorari for enforcement of any of the rights conferred by Part III or for any other purpose. While it is true that the powers under Article 226 have the widest possible amplititude, as noted above, the judicial review-ability ought to have certain limits and the Court ought to use proper circumspection in the matter of entertaining petitions under Article 226 of the Constitution of India. A petition for issuance of a writ of quo warranto is one such petition where the powers of the Court ought to be exercised with extreme care and caution while entertaining the same and rather sparingly. Procedure of qua-warra...
S.P.B.V.D. Sabha, Elementary and High School, Upparapalli, Madhavaram ...
Court: Andhra Pradesh
Decided on: Apr-13-1998
Reported in: 1998(3)ALD663; 1998(3)ALT677
1. It is unfortunate that a private institution has been groaning under perennial litigation over a quarter century, yet it is unable to extricate itself from the dutches of two rival groups operating in the management.2. All the writ petitions can be disposed of by a common judgment. The result in WP No.9961/1990 will pave the way for the disposal of the other cases. Therefore, before considering the other cases, it is necessary to decide tlie matter covered by WP No.9961/ 1990.3. The writ petition is filed by one Mr. M Ramakrishnaiah questioning the validity of the order issued by the Government in G.O. Rt. No. 1109, dated 2-7-1990 wherein the order of the 3rd respondent - District Educational Officer, Cuddapah dated 24-3-1983 was set aside and the 5th respondent was directed to be appointed as Correspondent of Sri Padma Saliya Bahuttama Vidya Daana Sabha High School (S.B.V.D. Sabha High School). The facts though voluminous, only those which are relevant for the purpose of this case ...
Vibgyar Ink Chem (Pvt.) Ltd. Vs. Safe Pack Polymers Ltd.
Court: Andhra Pradesh
Decided on: Apr-13-1998
Reported in: 1998(3)ALD638; 1998(3)ALT557; [1998]93CompCas407(AP)
ORDERUmesh Chandra Banerjee, CJ.1. The industrial climate in early eightees portrayed a dismal picture affecting the entire economy of the country and by reason of which the Central Government thought it prudent enough to save the industrial units by affording some relief so that the employment potentialities in any unit can be continued and it is on this back drop that the Sick Industrial Companies (Special Provisions) Act, 1985 was brought into the statute book so that fullutilisation of productive industrial assets and maximum protection of employment could be had, since the Government was of the view that it would be an imperative necessity to revive and rehabilitate the potentially viable but sick industrial Companies as quickly as possible. With that end in view, the Act of 1985 saw the light of the day and the Preamble to the Act itself records that with a view to securing the timely detection of sick and potentially sick Companies owning industrial undertakings, the speedy dete...
P. Anuradha Reddyand anr. Vs. P. Kalpana and ors.
Court: Andhra Pradesh
Decided on: Apr-13-1998
Reported in: 1998(3)ALD678; 1998(4)ALT4
ORDERD. Reddeppa Reddi, J 1. These three writ petitions have been directed against the order dated 6-2-1998 of the A.P. Administrative Tribunal in OA No.8037/97, setting aside the selections made by the A.P. College Service Commission, Hyderabad (for short 'the Commission') to the posts of B.Ed., Lecturers pursuant to advertisement No.5/97 dated 14-7-1997 at the instance of the first respondent, viz., Srat. Kalpana (the applicant in OA No.8037/97 hereinafter referred to as the applicant) and directing the commission to consider her case for appointment to the post of Lecturer (B.Ed.) in case she conies up for selection according to merit and if she is otherwise eligible and qualified for appointment. W.P.Nos.5039 and 6298 of 1998 have been filed by the selected candidates with the leave of this Court as they have not been impleaded as respondents in OA No.8037/97 and W.P.No 5706 of 1998 has been filed by the Commission.2. We shall, in brief, state the fects that led to the filing of th...
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