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Andhra Pradesh Court July 1998 Judgments

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Jul 23 1998

Food Corporation of India and ors. Vs. Priyadarshini Jattu Workers Lab ...

Court: Andhra Pradesh

Decided on: Jul-23-1998

Reported in: 1998(5)ALD393

ORDERP. Venkatarama Reddi, J.1. Writ Appeal No.520 of 1995 is filed by the Food Corporation of India (hereinafter referred to as 'FCF) against the judgment in Writ Petition No. 13707 of 1994 (reported in 1995 (1) ALD 798). Writ Appeal No.7SO of 1998 has been filed by the writ petitioner in Writ Petition No. 13707 of 1994. We have today condoned the delay in filing Writ Appeal No-780 of 1998 and heard the Counsel for the appellant in this case along with the other Counsel.2. The Priyadarshini Jattu Cooli Samkshema Sangham, which claims to have undertaken the contract work during the period 1988-90, has filed a petition - W.A.M.P. No.535 of [998 in Writ Appeal No.520 of 1995 to implead itself in the writ appeal. Another impleading petition W.A.M.P,No.632 of 1998 is filed by Food Corporation of India Workers Union which, it appears, has entered into a settlement with the FCI at the national level with regard to the engagement of labour on direct payment basis. The said impleading petition...


Jul 23 1998

Kolluri Suryanarayana Murthy Choultry Vs. Kolluri Lakshmana Rao and or ...

Court: Andhra Pradesh

Decided on: Jul-23-1998

Reported in: 1998(5)ALD507; 1998(5)ALT606

1. The Manager of Gudala Group of Temples, Amalapuram filed OS No.51 of 1977 as per the instructions of the Assistant Commissioner, Endowment Department, Rajahinundry in his Proceedings in Rc.No.A-2, 23554/76, 4 Adm, dated 29-12-1976, marked as Ex. A-l in the suit, for taking possession of the properties belonging to the Choultry, for rendition of true and correct accounts of the income on the plaint 'A' and 'B' Schedule Properties for the last three years, for future profits and for the costs of the suit, against the defendants who are the lineal descendants of Sri Kolluri Suryanarayana Murthy, who is established a choultry under the name and style of 'Kolluri Suryanarayana Murthy Choultry' in 1946.2. The plaint allegations are that late Kolhiri Suryanarayana Murthy established a Charitable Institution in the Year 1946 and he was feeding the wayfarers, over a number of years. As he became old he executed a registered Will with regard to his properties on 1-3-1960. In that Will he has ...


Jul 23 1998

Ramlal Agarwal Vs. Rampratap and ors.

Court: Andhra Pradesh

Decided on: Jul-23-1998

Reported in: 1998(6)ALD76

ORDERP. Ramakrishnam Raju, J. 1. These appeals arc filed by defendants 1, 2, 3 to 14 respectively in Original Suit No. 182 of 1982. The suit was filed by respondents 1 and 2 for partition and separate possession of plaintiffs half share in plaint schedule properties and to render true and proper account in respect of the businesses run by the defendants with regard to items 3, 4 & 5 of plaint schedule and to determine plaintiffs share and for other relief's.2. Plaintiffs' case is that one Saheb Ramjee who was the common ancestor of plaintiffs and defendants 1 and 2 was doing Kirana and Grocery business, besides supplies to military. His son Pokerdas also joined the business and both of them carried on the business in petrol and petroleum products for a considerable time during their lifetime. After the death of Saheb Ramjee, Pokardas along with his sons Motilal and Chunilal constituted joint family and carried on business in the name of M/s Pokardas Chunilal. Chunilal, father of the pl...


Jul 23 1998

Project Director, D.R.D.A. Vs. Bommi Reddy Lakshmi Reddy and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jul-23-1998

S. Parvatha Rao, President: 1. In this application, the petitioner seeks condonation of delay of 470 days in preferring FA.SR. No. 2423/1997 questioning the order dated 16.4.1996 of the District Forum at Cuddapah in O.P. No. 188/1995 allowing the said OP preferred by the 1st respondent herein, and directing the appellant herein to pay compensation of Rs. 10,000/- and costs of Rs. 300/- within one month from the date of the said order. 2. It is not in dispute that the order was made on 16.4.1996. It is seen from the copy of the order filed alongwith the appeal that it was despatched in May, 1996. The reason for the delay is stated by the present Project Director of the D.R.D.A., Cuddapah as follows: This order has been passed on 16.4.1996 and it was despatched on 9.5.1996 to the then Government Pleader K. Sudarshan Reddy. The then Government Pleader did not send the copy of the order to our office. When the case was pending before the District Consumers Forum, the Project Director is di...


Jul 22 1998

P.S. Rao Vs. Special Officer and Competent Authority, Urban Land Ceili ...

Court: Andhra Pradesh

Decided on: Jul-22-1998

Reported in: 1998(4)ALD697; 1998(4)ALT603

ORDER1. The petitioner has assailed the Proceedings of the second respondent who is the appellate authority under Section 33 of the Urban Land (Ceiling and Regulation) Act, 1976 (for short 'the Act') bearing No.UCl/1249/88, dated27-11-1993 affirming the notice issued by the first respondent dated 16-4-1988 under Section 10(5) of the Act directing the petitioner to deliver possession of the surplus extent of 1801 sq.mtrs in Plot Nos.94 and 95 (Sy.No.31) and Plot Nos.96 to 99 (Sy.Nos.35 to 37) of Meerpet.2. The petitioner holds a total extent of 2801 Sq.mtrs. of land governed by the Act. The first respondent - competent authority determined the extent of 1801 Sq.mtrs. as excess held by the petitioner. According to the petitioner, by virtue of the Government Order in G.O.Ms.No.733-Revcnue (UC.II) Department, dated31-10-1938, 2801 Sq.mtrs. of land held by him is exempted from the operation of Chapter III of the Act and, therefore, the determination made by the Special Officer and competent...


Jul 22 1998

Kausalya Devi (Smt.) Vs. A.P.S.E. Board, Hyd. and Another

Court: Andhra Pradesh

Decided on: Jul-22-1998

Reported in: 1998(4)ALD701; 1998(4)ALT594

ORDER1. On 18-2-1998, the service connection to the petitioner's house was disconnected on the ground of pilferage of power. Being aggrieved by the said action of the Board, the petitioner had filed W.P. No.7488 of 1998 and this Court disposed of that writ petition directing the Board to restore the power connection to the petitioner's house subject to payment of 50% of the provisionally demanded amount.2. The present writ petition is filed by the petitioner seeking a direction to the respondents 'not to pass any order without serving any notice on the petitioner and after giving appropriate opportunity of hearing and submission of explanation and to act accordingly and not otherwise by keeping of disconnection of supply under service No.N.3-1392'. Although this is the relief sought in the writ petition, the learned Counsel for the petitioner, at the time of hearing, confined himself to contend that the disconnection of the power supply to the petitioner's premises on 18-2-1988 was app...


Jul 22 1998

R. Nagarajan Vs. Vice-chancellor, University of Hyderabad, Central Uni ...

Court: Andhra Pradesh

Decided on: Jul-22-1998

Reported in: 1998(4)ALD694; 1998(4)ALT586

ORDER1. The respondent-University issued a notification in the month of January, 1987 calling for applications from the eligible candidates for appointment to the post of Stenographer (recruitment of non4eaching staff). The petitioner applied for the said post. The petitioner was called for written test on 28-2-1987 and having been qualified in the said test, he was interviewed by the selection Committee on 2-3-1987 and he was selected for the post. The respondents communicated the recommendation of the selection committee after the approval of the appointment as steno by the Vice-Chancellor vide appointment order dated 1-8-1987 with instructions to the petitioner to join immediately but not later than 24-8-1987. At this juncture itself, it is relevant to note that the petitioner was appointed on purely temporary basis and for a period of six months only from the date of his joining. The petitioner joined the respondent establishment on 24-8-1987. Subsequently, the Deputy Registrar (De...


Jul 22 1998

Bank of India Sc/St Welfare Organisation Vs. Zonal Manager, Bank of In ...

Court: Andhra Pradesh

Decided on: Jul-22-1998

Reported in: 1998(4)ALD701A; 1998(4)ALT504

ORDER1. There is a contest between the petitioner union and the second respondent union about their right to represent the employees serving in the first respondent -Bank and belonging to S.C., S.T. and OBCs. It appears that as per the revised guidelines issued by the Head Office of the Bank, quarterly meetings are required to be held with the Association representing the majority members of S.CYS.T./OBCs/ employees in the zone. According to the petitioner's union, it has the support of the majority of employees belonging to S.C., S.T. and OBCs whereas according to the second respondent union it enjoys the majority support from the employees belonging to S.C., S.T. and OBCs.2. In this writ petition, the proceedings of the Zonal Manager, Bank of India dated 6-9-1997 informing the General Secretary of the second respondent union that the appropriate authority in the Bank administration has decided to accord recognition to the second respondent union at the zonal level. The petitioner has...


Jul 22 1998

MedwIn Hospital Vs. State of A.P.

Court: Andhra Pradesh

Decided on: Jul-22-1998

Reported in: 1998(4)ALD670; 1998(2)ALD(Cri)257; 1999(2)ALT471; 1998(2)ALT(Cri)250

ORDER1. This is a petition filed under Section 482 of Cr.P.C. by the accused in C.C.No.505 of 1996 on the file of the learned IVth Metropolitan Magistrate, Hyderabad. The petitioners pray to quash the said proceedings on the file of the learned Metropolitan Magistrate.2. The second respondent herein A.P.Pollution Control Board filed complaint under Section 49 of Water (Prevention and Control of Pollution) Act, 1974 (for short 'the Act') for prosecution under Section 43 and 44 for violation of Section 24, 25 and 26 of the said Act. In the complaint, it is inter alia stated that the Government of Andhra Pradesh prescribed standards for safe disposal of wastes generated by the hospital/health care establishments under the rules framed in A.P.Water (Prevention and Control of Pollution) Rules, 1976 (for short 'the said Rules'). Sub-clause (j) of Rule 2 of the said Rules define Health care establishments which mean and include all the Hospitals, Nursing Homes, Diagnostic centers and Laborato...


Jul 22 1998

G.R. Desai and Others Vs. Registrar of Comapnies of A.P., Koti, Hyd. a ...

Court: Andhra Pradesh

Decided on: Jul-22-1998

Reported in: 1998(5)ALD36; [1999]95CompCas138(AP)

ORDER1. First petitioner is the Secretary of M/s. Hyderabad Industries Limited, which is a Public Limited Company (hereinafter referred to as 'the Company'). Petitioner No.2 is the President of the Company and petitioner No.3 is the Chairman. Petitioner Nos.4 to 9 are the Directors of the said Company. Respondent Nos.2 to 5 had applied to the company for transfer of certain shares of the Company in their name. Respondents 2 to 5 claimed that the said shares were transferred in their name by Company known as M/s. Deccan Enterprises Private Limited (hereinafter referred to as the 'Deccan Company'). Respondent Nos. 2 to 5 applied on 16th March, 1990 to the Company along with Transfer Deeds allegedly executed on behalf of Deccan Company by respondent No.2. the shares of the Company were also handed over to respondent Nos. 2 to 5 at the said time. When the said application along with shares were submitted to the Company, the first petitioner, being the Secretary, wrote back on 26th April, 1...


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