Andhra Pradesh Court June 1998 Judgments

Susheela Devi (Smt.) Vs. State of A.P. and Another

Court: Andhra Pradesh

Reported in: 1998(4)ALD733

ORDER1. The petitioner while serving as Assistant Manager in the establishment of 2nd respondent-Society for Training and Employment Promotion in the cities of Hyderabad and Secunderabad (for short 'Setwin') was issued charge-memos on 16-1-1995, 10-2-1995, 13-2-1995 and 2-3-1995 alleging certain misconduct against her. The Management of Setwin not being satisfiedwith the explanation offered by the petitioner, appointed one Mr. M.Sadu Sunder, General Manager (PC) as the Inquiring Authority. The Inquiring Authority after holding a Departmental Inquiry against the petitioner submitted a report to the Disciplinary Authority. It seems from the 4 counter affidavits filed by the 2nd respondent that the Disciplinary Authority did not act upon the enquiry report and on the other hand was contemplating de novo enquiry against the petitioner. On an earlier occasion, the 2nd respondent - Management had issued an Office Order dated 13-3-1996 placing the petitioner under suspension pending enquiry. ...

Dabberu Venkata Rao Vs. Dr. Aaluri Vijayalakshmi and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. The 3rd petitioner in LA. No. 21/1998 in O.P. No. 230/1995 questions the order of the East Godavari District Forum dated 19.3.1998 dismissing the said I.A. preferred by the three complainants in the said O.P. including the petitioner herein. 2. The petitioner is the 3rd complainant in O.P. No. 230/1995. Respondents 1 and 2 are the opposite parties. The respondents filed their version already. The petitioners and the respondents have also filed their affidavit evidence and also the affidavit evidence of their witnesses. At that stage, the present application I.A. No. 21/1998 was preferred by the complainants for an opportunity to cross-examine the doctors by directing the respondents to provide the doctors who gave affidavits on behalf of the respondents, to know the genuinity and validity, in the interest of justice. 3. The District Forum by its order impugned in the present revision held that the application for cross-examining the doctors was premature ...

Barfi Bai Vs. Savitri Bai

Court: Andhra Pradesh

Reported in: 1998(4)ALD235; 1998(4)ALT107; 1999CriLJ1308

1. The respondent herein had obtained permission from the Municipal Corporation of Hyderabad for construction of a building which consisted of ground floor plus two floors bearing permit number 318/40 dated 31-3-1992. The respondent herein started construction violating the terms and conditions contained in the permit referred to above. The petitioner herein is a neighbour of the respondent. Therefore, the petitioner filed O.S.No.1509 of 1992 in the Court of the II Assistant Judge, City Civil Court, Hyderabad for declaration and injunction and also for mandatory injunction to pull down the structure, which was constructed unauthorisedly by the respondent herein. The petitioner herein also filed I.A.No. 1723 of 1992 in the same suit seeking interim relief. The said I.A., was ordered ex parte on 16-4-1992 and ad-interim injunction was granted. On appearance of the respondent herein in that suit, the orders passed ex parte earlier in IANo.1723 of 1992 was made absolute on 15-9-1992. Howev...

Devineni Durgamba Vs. Raj Kumar Financiers, Vijayawada

Court: Andhra Pradesh

Reported in: 1998(4)ALD301; 1998(4)ALT145

1. The present C.M.A. is filed by the Judgment Debtor/4th Defendant aggrieved by the order of the learned Principal Subordinate Judge, Tenali in E.A.No.291/1991 in E.P.No.32/1987 in O.S.No.587/1983 dated 16-7-1997.2. The plaintiff filed suit for recovery of the amount and obtained a decree. In execution of the said decree, the landed properties belonging to the Defendants were brought to sale and auction was held on 4-4-1991 for a sum of Rs.82,000/-. It is the case of the Appellant that she deposited the amount into the Court on 3-6-1991 and filed an application under Order XXI Rule 89 read with Section 151 of C.P.C. for setting aside the sale of her property held on 4-4-1991. It is also her case that the Court was closed for summer vacation from 27-4-1991 to 2-6-1991 and therefore the application to set aside the sale was filed on 3-6-1991 i.e. on reopening day and therefore the application was within time. The application was resisted by the Decree Holder stating that the deposit oug...

S. Krishnamurthy Vs. Government of A.P. and Others

Court: Andhra Pradesh

Reported in: 1998(4)ALD332; 1998(4)ALT367

1. An important point needs to be decided in this writ petition. The pleadings are complete and the Counsel for the parties were heard at length. Certain facts are admitted and a controversy is raised between the admitted facts of the case.2. The petitioner was working with the respondents as in charge Manager, Krishna District Co-operative Central Bank, Nagayalanka branch and he retired after attaining the age of superannuation on 31st May, 1997. After his retirement on 21st June, 1997 a Memo was sent to him by which certain charges were levelled against him and a charge-sheet was framed and he was asked to explain his conduct. He sent his reply to the show-cause notice but no further action has been taken in the matter. When the petitioner was waiting to get his pensionary benefits like Gratuity, Provident Fund, Leave salary, Group Insurance etc., he came to know that an order has been passed by the respondents on 17-7-1997 by which the Supervisor of the concerned Society Sri S. Kote...

Divisional Engineer, Telecommunications, Palasa, Srikakulam Vs. I. San ...

Court: Andhra Pradesh

Reported in: I(1999)ACC602; 1998(6)ALT171; [1999(82)FLR25]; (1999)IILLJ1316AP

ORDER1. The Award passed by the Commissioner for Workmen Compensation,Visakhapatnam, in W.C.No. 1 of 1990 dated 15-4-1994 is the subject-matter of this appeal.2. The brief facts of the case arc that respondent No.l was working as driver with the appellant on Van No.APS 5437. On 13-8-1987 while he was driving the said vehicle, in course of his employment, i.e., for carrying technicians for bringing the generator from Poondigalli, the vehicle met with an accident and he received injuries. After having become unconscious immediately i.e., on the spot, he was admitted in hospital on 19-8-1987 and later he was treated in a private hospital. Respondent No. 1 received several injuries. He was drawing a salary ofRs.1050/- per month. He claimed a compensation of Rs. 1,17,396.75 ps.3. The claim was resisted by the appellant on the ground that respondent No.1 was not a regular employee as he wasemployed as and when need arose for the Department. Whenever there was shortage of drivers, his service...

Nellore District Co-Op. Milk Producers' Union Ltd. and Another Vs. P. ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. The opposite parties in O.P. No. 111/1996 question the order of the Nellore District Forum dated 21.5.1997 allowing that opposite party preferred by the respondent herein as the complainant. 2. The admitted facts are that the respondent was one of the tenderers for supply of milk through vehicles to Route No. 1 and Route No. 2 in Nellore, He deposited Rs. 5,000/- for each as earnest money deposit (EMD) i.e., in all Rs. 10,000/-. He submitted his tenders on 13.11.1995. On the same day all the tenders were opened and it was found that the complainant was the second lowest tenderer and that another tenderer by name Sri D.P. Reddy was the lowest tenderer. The tenders of Shri D.P. Reddy for the two routes were accepted by communication to him dated 21.11.1995. 3. The complainant's case was that the E.M.D. of the unsuccessful tenderers was to be returned by the appellants immediately after Sri D.P. Reddy's tender was accepted, and on that basis the complainant ...

V.V. Raghava Reddy Vs. Government of Andhra Pradesh and Others

Court: Andhra Pradesh

Reported in: 1998(4)ALD551; 1998(4)ALT419

ORDERUmesh Chandra Banerjee, C.J.1. This writ appeal is directed against the rejection of the writ petition by the learned single Judge wherein the learned single Judge was pleased to record his disinclination to exercise extraordinary jurisdiction under Article 226 of the Constitution.2. The contextual facts depict that an attempt to trifurcation of Komarole GramPanchayat was set at naught by a learned single Judge of this Court and both the orders of the District Collector as well as that of the Government approving such trifurcation were set aside. Subsequent thereto, however, the District Collector on 12-12-1997 recorded as follows:'Since the trifurcation of Komarole Gram Panchayat was quashed by the Hon'ble High Court in its order dated 2-12-1997, the status quo as on 18-11-1994 has to be maintained and the appointment of person-in-charges to the newly constituted panchayats have become void. Hence the Extension Officer (PTs) Giddalur who was appointed earlier as Special Officer i...

Varalakshmi Vs. C. Hanumantha Reddy

Court: Andhra Pradesh

Reported in: 1998(5)ALD496; 1998(5)ALT749

ORDER1. Heard both sides.2. The petitioner has filed this civil revision petition aggrieved by the order of dismissal of her Interlocutory application No. 105/1991 in OP No.40/1990 dated 25th September, 1995 on the file of the Principal Subordinate Judge. Chittoor.3. It is submitted by the learned Counsel Mr. Bhatt, representing Mr. E. Kalyanram, the learned Counsel for the petitioner that the petitioner preferred the application before the Court-below under Section 5 of the Limitation Act to condone the delay of 316 days in filing the petition to set aside the exparte decree passed against her in OP No.40/ 1990 on 6-8-1990. He submits that the petitioner is the respondent in the main OP and her husband filed the above OP for divorce on false allegations and obtained an exparte decree of divorce against her on 6-8-1990. The petitioner had no knowledge about the filing of the above said OP and she was not served with notice or summons either through Court or Post. He submits that in the...

New India Assurance Co. Ltd., Rep. by Its Divisional Manager Vs. Thipp ...

Court: Andhra Pradesh

Reported in: 1998(5)ALT735

ORDERA.S. Bhate, J.1. The appeal is filed for challenging the order passed in the Motor Accidents Claims Tribunal, Mahabubnagar in O.P. No. 140 of 1990.2. Respondent No. 1 is the mother while respondent No. 2 is the mother-in-law and respondent No. 3 is the daughter of one M. Parvathamma. The said Parvathamma is hereinafter referred to as the 'deceased'. Respondent No. 4 is the owner of the tractor bearing No. AAM 3236. The said tractor was admittedly insured with the appellant. On 2-1-1990 in the afternoon the deceased, who was a labourer employed by respondent No. 4 for loading and unloading sand carried in the Trolley of the Tractor, was travelling in the said Tractor. When she was so travelling the driver of the Tractor due to rash and negligent driving caused the throwing out of the trolley from the Tractor resulting in fall of deceased. As a result of the said fall, the deceased received injuries and succumbed to them subsequently. The deceased was about 25 years of age and was w...