Andhra Pradesh Court November 1999 Judgments

P. Srinivasa Rao Vs. Enquiry Officer and Disciplinary Authority, Union ...

Court: Andhra Pradesh

Reported in: 2000(4)ALD348; 2000(1)ALT205

ORDER1. The petitioner is the delinquent. The management of the respondent-Bank initiated disciplinary proceedings against the petitioner and dismissed him from service on the ground of proved mis-conduct after holding a regular departmental enquiry in terms of the Conduct and CCA Regulations. The appellate authority also dismissed the appeal filed by the petitioner. Hence, this writ petition is 'filed by the petitioner assailing the validity and legality of the disciplinary action taken by the management of the bank.2. The only ground urged by the teamed Counsel for the petitioner while assailing the disciplinary action taken by the management of the respondent-Bank is that the Manager (Personnel), who initiated the disciplinary proceedings is incompetent to initiate disciplinary action. In support of his contention, the learned Counsel would draw the attention of the Court to the Third Bipartite Settlement between the Indian Banks Association and All India Bank Employees Association....

Reddivari Gangireddy Vs. Joint Hindu Family of Andeppagari Jayaramired ...

Court: Andhra Pradesh

Reported in: 2000(6)ALD663; 2000(6)ALT234

ORDER1. The petitioner herein is the plaintiff in OS No.3 of 1991 on the file of Addl. Junior Civil Judge, Punganur. The petitioner filed a suit for declaration of his easement of necessity on he road which is marked by alphabet 'CD' to 'GH' of the plaint plan.2. During the pendency of the suit, the petitioner/plaintiff got the Commissioner appointed for noting down the physical features of the road in existence. The Advocate-Commissioner had filed his report along with a rough sketch. Thereafter it appears that at the instance of the defendants, the Commissioner was asked to visit the suit schedule site, once again, he filed another report showing the location of the road on the second occasion. Tt was also observed by the Advocate-Commissioner that between the point 'ST' to 'GH' road is existing rest of the portions were merged into their cultivable land meaning thereby that some road was encroached upon. This report was filed in the year 1991. Now at the stage of the trial, the peti...

United Insurance Company Ltd. Vs. Ramulu and anr.

Court: Andhra Pradesh

Reported in: 2000(1)ALT292; (1999)IIILLJ541AP

Elipe Dharma Rao, J.1. The United India Insurance Company Limited, Hyderabad is the appellant herein which is filed against the order dated April 28, 1993 in WC No. 144 of 1992 by the Commissioner for Workmen's Compensation-Assistant Commissioner of Labour, Circle-I, Rangareddy District whereby the Commissioner has awarded a sum of Rs. 77,479/- by way of compensation for the injuries sustained by the petitioner in a motor vehicle accident that had occurred on March 5, 1992 at about 5.30 p.m. when the respondent- claimant had working as coolie on the lorry bearing No. ADT 4156. The Commissioner for Workmen's Compensation has assessed the percentage of disability on account of the injuries sustained by the applicant-respondent at 70%, determined the age of the petitioner as 22 years and his earnings at Rs. 50/- per day and thus awarded the above said compensation.2. Aggrieved by the said order, the present appeal is preferred by the Insurance Company contending that the Commissioner shou...

Ganeshram Satyanarayana Pandya Vs. Ayaneshwar Bijoria

Court: Andhra Pradesh

Reported in: 2000(6)ALT739

C.Y. Somayajula, J.1. This appeal arises out of the judgment and decree dated 5-5-1999 in A.S. No. 45 of 1998 on the file of the Court of Additional Chief Judge, City Civil Court, Secunderabad, allowing the appeal and modifying the decree dated 24-4-1998 in O.S. No. 1144 of 1994 on the file of the Court of First Junior Civil Judge, City Civil Court, Secunderabad.2. The averments in the plaint filed by the appellant, in brief, are: Respondent is the owner of the mulgi bearing No. 7-2-386 within the boundaries mentioned in the schedule appended to the plaint, which hereinafter is called the 'Suit Property'. The appellant took the suit property on lease from the respondent in 1978. When a dispute arose between the respondent and the appellant regarding the terms of tenancy, the appellant filed R.C. No. 341 of 1987 on the file of the II Additional Rent Controller, Secunderabad, and as per the order passed therein, he has been depositing the rents relating to the suit property in R.C. No. 3...

New India Assurance Company Limited and Another Vs. Koreboina Peda Kri ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. These two appeals i.e., FA No. 331/1999 and 332/1999 respectively are preferred against the orders dated 17.3.1999 of the Guntur District Forum in C.D. Nos. 125/1998 and 126/1998 by the opposite parties in those CDs. The respondents in these two appeals are the complainants in those two CDs respectively. 2. It is not necessary to go into the merits because, after hearing both sides, we are inclined to set aside the orders under appeal and remand the CDs to the District Forum for fresh disposal. The CDs came up before the District Forum for hearing on 10.3.1999. The dockets of the two CDs show that there was no appearance of either party on that day and therefore the matters were reserved for final orders and thereafter on 17.3.1999 final orders were pronounced in both the CDs by the District Forum. However, the District Forum did not notice that already applications were filed by the opposite parties on 12.3.1994 to re-open the matters and to receive the ...

Kakatiya Cement, Sugar and Industries Ltd. Hyd. Vs. Commissioner of Co ...

Court: Andhra Pradesh

Reported in: 2000(1)ALD95; 2000(1)ALT159

ORDERP. Venkatarama Reddi, J 1. The petitioner is questioning the order dated 12-10-1999 passed by the fourth respondent in Rc.No.2963 of 1999. That order was passed while rejecting the request of the petitioner to transfer back their assessment files to CTO, Ashoknagar Circle with whom the petitioner was filing returns and was being subjected to assessment. Clause (d) of sub-rule (21-A) of Rule 28 of Andhra Pradesh General Sales Tax Rules lays down inter alia:'Notwithstanding anything contained in the above clauses : (i) if any dealer is registered with a registering authority who does not have jurisdiction over the principalplace of business of the dealer, it shall be deemed that the dealer has made an application for transfer of registration to the registering authority of the principal place of business and it shall also be deemed to have been transferred to such registering authority who has jurisdiction over the principal place of business with effect from 1st April, 2000'.It is ...

Chitti Simhachalam Naidu and Others Vs. Board of Governors, A.P. Resid ...

Court: Andhra Pradesh

Reported in: 2000(1)ALD178; 1999(6)ALT308

ORDER1. The case on hand is a classic illustration and demonstration as to how adhocism and exercise of unstructured discretion by authorities inevitably leads to arbitrariness. Lack of clear cut policy and vision landed the Andhra Pradesh Residential Educational Institutions Society, as well as its teaching staff in trouble. Unchannalised power is antithesis to rule of law and is always fraught with serious consequences. This is a case of 'spider getting caught in its own web'.2. The Andhra Pradesh Residential Educational Institutions Society (for short 'the Society') is formed by the Government of Andhra Pradesh with the sole object to establish., maintain, controlling and managing the residential schools and colleges for the talented and meritorious children residing in the State of Andhra Pradesh. The Management of the Society is vested in the Board of Governors, Minister in-charge of Education as the Chairman, Secretary for Education as Vice-Chairman; Secretary to Government, Fina...

K. Sivanarayana Vs. G. Durga Sesharatnam

Court: Andhra Pradesh

Reported in: 2000(1)ALD767; 2000(2)ALT365

ORDER1. This revision petition is filed against the orders passed by the learned senior Civil Judge, Guntur in EA No.1 161 of 1997 in OS No.306 of 1995.2. The petitioner is the decree holder. He filed a suit in OS No.306 of 1995 for recovery of certain amounts from the defendant viz., Suit. G. Durga Sesharatnam. The said suit was filed on 15-11-1995. Immediately thereafter, the defendant filed insolvency petition in IP No.2 of 1996 on the file of the Additional Sub-Court, Guntur on 29-11-1995. In the said petition, the Court also ordered appointment of official receiver on 8-9-1996. It is stated before this Court that the said IP is still pending adjudication. In the meanwhile, the suit was decreed on 17-3-1997 and the properties of the judgment debtor were brought to sale and they fetched a sum of Rs.2,80,179/-which was deposited in the lower Court to the credit of the suit OS No.306 of 1995. It is to be noted that in the Insolvency petition, number of creditors were made parties incl...

G. Padmini Vs. G. Sivananda Babu

Court: Andhra Pradesh

Reported in: 2000(2)ALD258; 2000(2)ALT259; II(2000)DMC760

ORDERS.V. Maruthi, J 1. These two appeals are disposed of by this common judgement. In both the appeals the wife is the appellant. The husband filed OP No.79 of 1991 for divorce on the ground of adultery, desertion and cruelty, while the wife filed OP No.89 of 1991 for restitution of conjugal rights.2. The husband is a bank officer and the wife is a graduate coming from a wealthy family. The marriage between husband and wife was performed in the year 1981 and she joined him in 1981 and they lived together till July, 1981. Thereafter she left her marital home for her parents house. When the wife went to Vizianagaram in November, 1981, where the husband was posted, he did not allow her to enter the house on account of mental torture and agony caused to him. Therefore, the parents took her to Ongole and she lived there till June, 1985. There was a mediation pursuant to which the wife joined the husband in February, 1988 at Bhopal. During her stay with her husband from 1988 to 1991 she was...

M.A. Rasheed and Others Vs. Commissioner, Nirmal Municipality, Adilaba ...

Court: Andhra Pradesh

Reported in: 2000(2)ALD377; 2000(1)ALT720

ORDER1. The petitioners, eight in number, filed this writ petition seeking issuance of a writ of mandamus to the respondents to allot LIGH quarters at Ibrahimbagh, Nirmal, on hire purchase basis immediately as per the proposals sent by the Commissioner, Nirmal Municipality, in his letter No.1647/92, dated 15-11-1994, and consequently allow them to pay the monthly instalments towards the sale consideration on hire purchase basis, and pass such other order or orders.2. The respondents opposed the claim of the petitioners solely on the ground that if the quarters are allotted to the petitioners under hire purchase scheme, the financial position of the Municipality will be further worsened as the Municipality is now not even in a position to pay the salaries to its employees.3. To consider the rival contentions, the factual background that led to thefiling of this writ petition has to be looked into.4. After the advent of independence, the State Government with the help of Central Governme...