Andhra Pradesh Court November 1999 Judgments
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D. Sambaiah Vs. State of Andhra Pradesh and Others
Court: Andhra Pradesh
Decided on: Nov-23-1999
Reported in: 2000(1)ALD560; 2000(2)ALT111
ORDER1. Questioning the notification issued by the second respondent-Revenue Divisional Officer, Warangal, in hisProceedings No.G/2842/98 dated 7-1-1999 cancellling the earlier Notification No.G/ 2842/98 dated 14-8-1998, to fill up 35 vacancies of Fair Price Shop Dealership in Warangal Division, as per the guidelines issued under G.O. Ms. No.99 Food and Consumer Affairs (CS) Branch, dated 22-10-1998 whereby the residents of Warangal Division, who fulfill the prescribed conditions were asked to submit their applications for the said vacancies in the prescribed form oil or before 5-00 p.m. on 28th January, 1999 according jto which the Shop No, 127 of Gopalpuram, of the petitioner was reserved for woman candidate, the petitioner who was holding temporary dealership of the said shop, filed the present writ petition praying to declare the action of the respondents in reserving the said shop in favour of woman candidate, as illegal, arbitrary, discriminatory and unconstitutional and conseque...
Motaparthi Vasantha Devi and ors. Vs. P. Padmanabha Sharma and anr.
Court: Andhra Pradesh
Decided on: Nov-23-1999
Reported in: 2000(1)ALT653
ORDERC.V.N. Sastri, J.1. The two Civil Revision Miscellaneous Appeals can be disposed by a Common Order as the facts are almost identical. They arise out of applications to set-aside the ex parte decrees passed on 10-8-1999 in two suits filed for specific performance of contracts of sale. It is not in dispute that earlier when the defendants were set-ex parte, they filed applications under Order 9 Rule 7 CPC to set-aside the order setting them ex parte and the said applications were allowed on 1-4-1999 subject to the condition that the defendants should pay Rs. 200/-each by way of costs on or before 12-4-1999. Stating that due to some confusion in making the entries in the Court diary, they could not notice the order dt. 1-4-1999 and as such they could not pay the costs on or before 12-4-1999 as directed, the defendants filed applications for extension of time to deposit the costs. But the said applications were dismissed on 30-6-1999. Thereafter, they filed applications for restoratio...
J.S. Ravichandra Vs. Statistical Analyasis and Research Bureau, Chenna ...
Court: Andhra Pradesh
Decided on: Nov-22-1999
Reported in: 2000(1)ALD277; 2000(1)ALT89
1. This application raises a short but interesting and important question of law.2. The petitioner and the respondent entered into a memo of understanding on 19-11-1994 for the purpose of securing joint venture collaboration agreement between TTI Limited and the respondent. Alleging default and misrepresentation on the part of the petitioner, an application in OP No.98 of 1995 has been filed by the respondent against the petitioner on 17-12-1995 before the Andhra Pradesh Consumer Disputes Redressal Commission at Hyderabad (for short, 'the Consumer Forum') for the recovery of compensation of Rs.6 lacs with interest and costs. The petitioner also filed a civil suit in OS No.89 of 1996 on the file of the II Additional Judge, City Civil Court, Hyderabad, alleging breach of memo of understanding and sought relief of money decree against the respondent.3. The petitioner has filed this application alleging that the claim and thecounter-claim have arisen on rival allegations on the strength of...
Mahalaxmi Engineering Co., Karimanagar Dist. and Another Vs. State Ban ...
Court: Andhra Pradesh
Decided on: Nov-22-1999
Reported in: 2000(1)ALD461; [2000]100CompCas459(AP)
1. This appeal is field against the judgment and decree dated 7-12-1987 passed in OS No.20 of 1987 by the teamed District Judge at Karimnagar. The appellants are the defendants in the suit. The respondent-plaintiff filed the suit OS No.20 of 1987 for recovering a sum of Rs.1,60,332-60 Ps. with interest at the rate of 19.5% per annum from the date of filing of the suit till the date of realisation. 2. It is the case of the Bank that the appellants herein defendants in the suit were accommodated with a monetary adjustment of Rs.50,000/- to the credit of their current account and that the defendants failed to pay the amounts as per the terms of the contract entered into between the parties and therefore the suit was laid for recovery of the said sum together with interest.3. The lower Court basing on the respective contentions and pleadings framed the following issues: 1. Whether the plaintiff has provided the over draft facility to the defendant and the latter has drawn the amount on 4-8...
Depot Manager, Apsrtc, Chirala Vs. Kanuri Venkateswarlu and Another
Court: Andhra Pradesh
Decided on: Nov-22-1999
Reported in: 2000(4)ALD89; 2000(3)ALT506; (2000)IILLJ566AP
ORDER1. One K. Venkateswarlu worked as cleaner with the APSRTC Depot, Chirala. He was paid 0-25 ps., per bus subject to a maximum of Rs.6/- per day for cleaning and washing the buses. During the inspection, the Inspector of Minimum Wages found that the APSRTC, which is a schedule employment, did not pay the minimum wages to the cleaner. He estimated the relief of at Rs.1,307/- from 26-11-1997 to 31-12-1997. Therefore, the Assistant Labour Officer-1 filed M.W. Case No.39 of 1998 claiming minimum wages of Rs.1,307/- to Venkateswarlu. in the counter-affidavit filed by the RTC represented by the Depot Manager and Regional Manager, inter alia they stated as follows:-;'It is further stated that the opposite parties undertake to pay minimum wages if the Hon'ble Court pleases to order'.2. The Minimum Wages Authority by an elaborate order dated 29-5-1999 relying on Section 25 of the Minimum Wages Act. 1948 (the Act, for brevity) directed the RTC to pay the difference of minimum wages of Rs.1,30...
Andhra Bank Employees Co-operative Bank Ltd. Vs. K. Ram Babu
Court: Andhra Pradesh
Decided on: Nov-22-1999
Reported in: 2000(1)ALT68; (2000)ILLJ1122AP
M.S. Liberhan, C.J.1. Impugning the interim order dated August 23, 1999 made in W.P.M.P. No. 15383 of 1999 in W.P. No. 12601 of 1999 declining to slay the departmental enquiry but granting stay only in respect of passing of the final order basing on the enquiry report until further orders in the writ petition, this writ appeal is filed.2. The learned Counsel for the appellant relying upon the decision of the Supreme Court in Depot Manager. A.P.S.R, T. Corporation v. Mohd. Yousuf Miya (1997-II-LLJ-902) (SC) contends that where the charges are different in both the criminal proceedings and the departmental enquiry and where the criminal proceedings are likely to take considerably long time, the departmental proceedings shall be proceeded with and finalised by passing appropriate final orders.3. There is no dispute with regard to the proposition of law laid down by the Supreme Court in the precedent cited by the learned Counsel, No orders have been passed by the learned single Judge stayi...
State of Andhra Pradesh Vs. Lamina Suspension Products Pvt. Ltd.
Court: Andhra Pradesh
Decided on: Nov-22-1999
Reported in: [2000]119STC344(AP)
ORDERVenkatarama Reddi, J.1. The Tribunal quashed the revisional order of the Joint Commissioner, C.T. (Legal) on the ground that on active application of mind to the facts of the case, the said authority decided not to initiate revision and in fact communicated the said decision to the assessing officer. The competent authority having thus felt that it is not a fit case for revision and also communicated the decision to the assessing officer, cannot initiate revision proceedings once again on a change of opinion. The mere fact that notice was not issued to the assessee in the earlier proceeding is immaterial inasmuch as it is a case of suo motu revision and when the revisional authority came to the conclusion that it was not a fit case for initiating revision, the question of issuing notice to the assesee does not, in the very nature of things, arise. The decision not to initiate revision proceedings has not merely remained on the note file. It was even communicated to the assessing a...
G. Pitchaiah Naidu Vs. Apseb, Madakaira and Another
Court: Andhra Pradesh
Decided on: Nov-20-1999
Reported in: 2000ACJ1348; 2000(1)ALD239; 2000(1)ALT245
ORDER1. This Civil Miscellaneous Appeal is directed against the award made in OP No.49 of 1990 on the file of the Motor Accidents Claims Tribunal-cum-District Judge, Anantapur, dated 11-11-1994, wherein the injured-appellant has filed a claim petition under Sections 92-A and 110-A of the Motor Vehicles Act, 1939 claiming compensation of Rs.1,25,000/-. The Tribunal awarded compensation of Rs.84,000/-. However, the Tribunal has attributed contributory negligence to the extent of 50% on the part of the inured-appellant and apportioned the amount to the extent of Rs.42,000/-.2. Brief facts of the case are asfollows:On 2-3-1988 at about 12.30 p.m. the driver of the lorry bearing No.AAA 4252 belonging to the 1st respondent in the course of his employment drove the said lorry in a rash and negligent manner anddashed against the motor cycle bearing No.ADA 5670 belonging to the injured-appellant, who was riding the motor cycle at the time of the accident on the extreme left side of the road and...
G. Rameshwar Rao Vs. Government of India and Others
Court: Andhra Pradesh
Decided on: Nov-19-1999
Reported in: 2000(1)ALD129
1. Heard the learned Counsel for the petitioner as well as the respondent in writ petition at the interlocutory stage and the writ petition itself is taken up for final disposal at their request.2. The petitioner filed this writ petition for issuance of writ of mandamus to declare the proceedings of the General Manager, Telecom Warangal Area, Hanamkonda in No. TAW/ED-16N/1999-2000/5, dated 1-6-1999 as illegal and arbitrary and without jurisdiction. With regard to the cable tenders of Nalgonda Telecom District, it is informed in the said proceedings that approval of the General Manager Telecom, Warangal Area is hereby conveyed for awarding cable trench digging of reinstatement works of Nalgonda SSA to the four tenders i.e., the petitioner and respondents 5 to 7 at the negotiated rates as indicated in the enclosure upto the estimated quantity of 350 KMs.3. It is the contention of the petitioner that the Telecom District Manager, Nalgonda, invited tenders in his proceedings No.Zl/UG cable...
Kallam Subba Reddy and Others Vs. Government of Andhra Pradesh and Oth ...
Court: Andhra Pradesh
Decided on: Nov-19-1999
Reported in: 2000(1)ALD282; 2000(1)ALT64
1. All these Writ Petitioners are IL-24 (retail) shop vendors om Guntur District. The licences for the retail sale of all kinds of Indian Liquor/Foreign Liquor and Beer in the Form of IL-24 were granted to the petitioners at various places of Guntur District for the Excise Year 1998-99 on complying with all the formalities as per the Rules. The Excise Year of 1998-99 is from 1-4-1998 ending by 31-3-1999. Immediately after one month of thecommencement of business, the licensing authority suspended the licences of the petitioners on the ground that the location of their premises are contrary to Rule 6 of Andhra Pradesh Excise (Indian and Foreign Liquor Retail Sale Conditions of Licences) Rules, 1993 (hereinafter referred to as 'Rules 1993'). Questioning the suspension orders, writ petitions have been filed, which were disposed of by this Court directing the authorities to consider the representations of the petitioners and on the instructions issued by the Commissioner, Prohibition and E...
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