Andhra Pradesh Court October 1999 Judgments
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Chadalavada Gopala Krishna Murthy Vs. Union of India and Another
Court: Andhra Pradesh
Decided on: Oct-15-1999
Reported in: 2000(1)ALD469; 2000(1)ALT125
1. Both the CMA and the CRP have been preferred by the contractor questioning the order passed by the civil Court i.e., III Senior Civil Judge, City Civil Court, Secunderabad, in OS No.162 of 1998 and OP No.10 of 1997.2. Brief facts: The contractor herein was awarded a civil work under agreement dated 31-10-1981 by the respondents-Railways for the work of Construction of a Building for Railway Recruitment Board at Secunderabad. As per the agreement, the work was to be completed on or before 30-4-1982. The value of the work was Rs.3,92,946/-. It seems, the work could not be completed by the contractor within the stipulated time. According to the contractor, since there was delay in handing over the site by the Railways by three months and since the drawings could not be given to him within a reasonable time, the work could not be completed within the time stipulated under the agreement. Thereafter, dispute arose between the parties in regard to payment for the work done by the contracto...
Gali Krishna Murthy Vs. General Manager, Apsrtc, Musheerabad, Hyd.
Court: Andhra Pradesh
Decided on: Oct-15-1999
Reported in: 2000ACJ955; 2000(1)ALD558; 2000(2)ALT249
1. This appeal was filed by the claimant-injured against the judgment and decree dated 27-9-1995 in OP No.614 of 1993 on the file of the Chairman (I Additional District Judge) Motor Accident Claims Tribunal, Guntur, being aggrieved by the amount of compensation of Rs.45,000/-awarded by the Tribunal below for the injuries sustained by him in a motor vehicle accident that was occurred on 2-4-1993 when the petitioner was travelling in RTC bus bearing No.AAZ 7000 to go to Macherla, and as there was no accommodation in the bus, he sat on the top of the bus at the instructions of the conductor, and when the bus crossed Uppalpadu village, the driver drove it in a rash and negligent manner as a result of which it hit a chapata (bridge) on the road, as a result of the impact, the petitioner and some others fell down from the bus and sustained injuries. The petitioner was shifted to Government Hospital, Macherla and later he was shifted to Government General Hospital, Guntnr for expert treatment...
Sunkara Satyanarayana Vs. State of Andhra Pradesh, Home Department and ...
Court: Andhra Pradesh
Decided on: Oct-15-1999
Reported in: 2000(1)ALD(Cri)117; 1999(6)ALT249; 2000CriLJ1297
ORDERV.V.S. Rao, J.1. The petitioner is a Truck driver. He is in private service. He has been residing in Gudivada town of Krishna District eking out his livelihood by working as a lorry driver for the last two years. He has a family depending on him. In this writ petition he has prayed this Court for declaration that the action of the respondents in maintaining history sheet No. 615 in II Town Police Station, Gudivada against the petitioner as illegal and unconstitutional and consequential direction to the respondents to close the history sheet of the petitioner.2. The facts in this case are not in dispute. A crime was registered against the petitioner Under Section 379 of Indian Penal Code, 1860 (I.P.C. for short) in 1972 and also in 1976. In both the cases, he was convicted and sentenced to simple imprisonment. On conviction a K.D. Sheet (History sheet) No. 615 in II Town Police Station, Gudivada was opened against him. The history sheet was opened by the third respondent under Poli...
Shaik Rasool Vs. Rathi Mohan Rao
Court: Andhra Pradesh
Decided on: Oct-15-1999
Reported in: 2000(1)ALT123
G. Bikshapathy, J.1. The C.R.P. is filed challenging the orders of the learned Subordinate Judge, Nellore in R.C.A. No. 18/1985, dated 10-2-1993 setting aside the orders of the learned Rent Controller, Nellore in R.C.C. No. 66/1980, dated 29-11-1985. 2. The petitioner is the tenant. Respondent-landlord filed an application in R.C.C. No. 66/1980 for eviction on the ground of wilful default. The said application was allowed (sic. dismissed) by the learned Rent Controller by an order dated 29-11-1985, against which an appeal was filed by the tenant (sic. landlord) in R.C.A. No. 18/1985. The said appeal was allowed on 10-2-1993 holding that the tenant had committed wilful default in payment of rent, against which the present revision has been filed. 3. The learned senior Counsel for the petitioner submits that the order of the lower appellate Court is wholly erroneous and contrary to law. He submits that the finding of the appellate Court that the rent was Rs. 60/- and not Rs. 15/- is not ...
Apsrtc, Khammam District and Others Vs. S. Satyanarayana Rao
Court: Andhra Pradesh
Decided on: Oct-14-1999
Reported in: 2000(2)ALD627; 1999(6)ALT118
ORDERM.S. Liberhan, C.J.1. In this writ appeal the undisputed facts are that the respondent herein was appointed in 1976 with the appellants-Corporation and was removed from service in 1978. The respondent raised an industrial dispute in 1987 after a lapse of nine years and he was directed to be reinstated by the Industrial Tribunal without backwages but with continuity of service in 1989 vide award dated 10-4-1989. The respondent joined the service of the appellants. Consequently, his pay was refixed. The fixation of pay was never challenged. In view of a later pronouncement of this Court in Writ Petition No.l 1182 of 1992, dated 17-10-1995, in the case of some other workman defining 'continuity of service' the respondent woke up from a slumber sleep and started making representations to gain time. The first representation was made in 1996. Inspire of no reply having been received with respect to the representation the respondent has not raised even a little finger. Then all of a sudd...
Vasavi Fertilisers Vs. Nagarjuna Fertilisers and Chemicals Ltd. and an ...
Court: Andhra Pradesh
Decided on: Oct-14-1999
Reported in: 1999(2)ALD(Cri)808; 1999(6)ALT1; 1999(2)ALT(Cri)362; [2002]109CompCas291(AP)
Ramesh Madhav Bapat, J. 1. The petitioner in the above petition was an accused. The first respondent herein filed a complaint against the accused under Section 138 of the Negotiable Instruments Act. On receipt of summons, the petitioner approached this court for quashing the proceedings by filing a petition under Section 482 of the Criminal Procedure Code, 1973.2. The averments made in the complaint are as follows :'It is further submitted that the accused intentionally avoiding and evading to pay the amount to the complainant. As such, the complainant insisted for the amount. Hence, the accused issued a cheque bearing No. 1135158 dated July 20, 1998, drawn on Bank of India, Eluru, East Godavari District for a sum of Rs. 2,36,683.76 towards the due amount. Believing the accused, the complainant accepted and presented the said cheque through their banker State Bank of Hyderabad, Kakinada branch, for realisation of the amount. But the same was returned, dishonoured by the accused banker ...
N. Rama Raju Vs. Tirumala Tirupathi Devasthanams and Others
Court: Andhra Pradesh
Decided on: Oct-13-1999
Reported in: 2000(1)ALD73; 1999(6)ALT304
ORDER1. These two CMAs. can be disposed of by a common order since the facts are identical and the question involved is also one and the same.2. The appeals are directed against identical orders passed by the lower Court refusing to grant temporary injunction in favour of the plaintiffs in two suits for permanent injunction. The plaintiffs in both the suits are the licensees to run Janatha canteens at different places on Tirumala hills. They were granted the licence by the Tirumala Tirupathi Devasthanams for one year from 5-10-1997 to 4-10-1998. Before the expiry of the licence period i.e., on 27-8-1998, the plaintiffs made a representation to the Devasthanams seeking renewat/extention of the licence for a further period of one year. On 16-9-1998 the Devasthanam issued notices to the plaintiffs calling upon them to clear all the dues, if any, towards the licence fee and hand over possession of the Janatha canteens on the afternoon of 4-10-1998 positively. The plaintiffs thereupon made ...
K. Srinivasulu Vs. Apsrtc, Hyderabad and Others
Court: Andhra Pradesh
Decided on: Oct-13-1999
Reported in: 2000(1)ALD177; 1999(6)ALT331
ORDER1. Heard the learned Counsel for the petitioner and Sri K. Harinath, learned Standing Counsel for the respondent-APSRTC.2. The petitioner, in the instant writ petition is a conductor. He was served with a charge memo dated 12-4-1999 on 16-4-1999 containing certain serious charges against him. Pursuant to the enquiry notice dated 25-5-1999, the petitioner reported for inquiry on 8-6-1999, but the same is stated to have been adjourned from time to time. The petitioner is stated to have made a representation on 12-7-1999 requesting the Enquiry Officer to conduct the inquiry in Tclugu, as per the guidelines issued by the respondent-Corporation in the year 1991. But, on 22-7-1999, the enquiry was conducted in English. It is alleged that the Enquiry Officer refused to translate the questions into Telugu and also refused to look at or take into consideration about the Police complaint given about Statistical Return (SR) or the medical certificate issued by the Government Doctor, both dat...
B. Sanjeev Kumar and Others Vs. Managing Director, Apsrtc, Musheerabad ...
Court: Andhra Pradesh
Decided on: Oct-13-1999
Reported in: 2000(1)ALD334; 1999(6)ALT665; [2000(84)FLR884]
1. The petitioners, four in number, filed this writ petition seeking a declaration that the action of the respondents in not issuing appointment orders to them in pursuance of the interview conducted on 28-9-1996 is illegal. Of the petitioners, the father of the first petitioner having completed 25 years of service prior to 15-2-1995 as TTI, retired on 30-6-1996. The father of the second petitioner having completed 25 years of service retired as a clerk with effect from30-6-1998. The fattier of the petitioner No.3 retired after completion of 25 years of service as a driver on 31-6-1997. Similarly, the father of the fourth petitioner on completion of 25 years of service retired on31-7-1998 as TTI. The petitioners rely on certain circulars issued by the respondents especially Circular No.PD-20/93 dated 18-3-1993 and sought appointment in a suitable post on the basis that they are the children of the retired employees. Though it was claimed that the petitioners were called for interview o...
V. Venkateswara Rao Vs. Y. Nageswara Rao and Others
Court: Andhra Pradesh
Decided on: Oct-13-1999
Reported in: 1999(6)ALD602; 1999(6)ALT715
ORDER1. The first defendant is the appellant. A suit OS No.80 of 1995 has been filed by the plaintiff on the file of the sub-Court, Avanigaada for declaration of title and possession of the suit schedule property from the defendants. 2. For the sake of convenience the parties to this appeal would be referred to in accordance with their ranking in the suit. 3. The suit schedule property is a terraced house constructed in 375-1/4 square yards of site in assessment No. 1131 of the village Mopidevi. The suit schedule property was purchased by 4th defendant on 5-3-1983. Originally it was a vacant site, but subsequent to purchase the 4th defendant has constructed a house. The defendants 1 and 3 are the son and daughter of 4th defendant. The 3rd defendant is the unmarried daughter of the 4th defendant. The 4th defendant executed the gift deeds on 10-8-1987 on 21-8-1987 regarding the suit property benefiting the 3rd defendant with absolute rights. The 3rd defendant in her turn sold the suit pr...
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