Andhra Pradesh Court November 1999 Judgments

Life Insurance Corporation of India and Another Vs. Komuravelli Rama R ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. We heard Mr. K. Srinivas appearing for the appellants. Counsel for the respondent, Mr. P. Keshava Rao, is not present and there is no representation on his behalf. 2. The opposite parties in CD No. 21/1995 i.e. the Life Insurance Corporation of India (LIC for short), preferred this appeal questioning the order of the Warangal District Forum therein dated 16.11.1995. The complainant is the respondent in the appeal. 3. The complainant is the widow of one Sri K. Rajaiah, the insured, who died on 15.6.1994. It is not in dispute that K. Rajaiah took a 15 years Endowment Assurance Policy, with profits and with accident benefit, bearing No. 62369175 for Rs. 50,000/- with the period and risk commencing from 28.1.1986. The annual premium payable on the policy was Rs. 3,802.50 ps. The due date for payment of the annual premium was 28th January. The complainant was the nominee under the policy. It is not in dispute that K. Rajaiah paid the premium payable on 28.1.19...

Patan Noorun Bi Vs. Pandla Chinna Pullaiah

Court: Andhra Pradesh

Reported in: 2000(1)ALD328; 2000(1)ALT8

ORDER1. Questioning the order passed by the Principal Junior Civil Judge, Proddatur in IA No.821 of 1999 in OSNo.156 of 1995 wherein the Court below rejected the application filed by the petitioner under Section 151 of the Code of Civil Procedure to club OS 156 of 1995 and OS 239 of 1998 and to treat the evidence given by her in OS 156 of 1995 as evidence in the other suit, the present revision petition is filed.2. Heard the learned Counsel for the respondent.3. From the pleading it is seen that initially one Pandla Chinna Pulluiah filed OS 156 of 1995 against the petitioner herein seeking the relief of title to the land ABCD and CDEF and for grant of mandatory injunction directing the petitioner (defendant therein) to remove constructions and encroachment made in CDEF portion of the land and sought for permanent injunction restraining the defendant and her men from interfering with the possession of the plaintiff. It is also the case of the petitioner herein that she initially filed a...

M.V. Subrahmanyam and Others Vs. M.V.P.C. Sastry, Education Department ...

Court: Andhra Pradesh

Reported in: 2000(1)ALD563; 2000(1)ALT558

1. All the Contempt Cases can be disposed of by a common judgment.2. Various writ petitions were filed by the teaching staff in private educational institutions. Their claim was for grant of the benefits under automatic advancement/ career advancement scheme namely appointment to the Special Promotion Post, Special Ad-hoc Promotion etc. Government have issued G.O. Ms. No.117 PRC-1, dated 25-5-1981 creating promotion avenues to the employees working in the State Government. The said G.O., was made applicable to the teachers working under the private managements including the private aided managements by G.O. Ms. No. 164, dated 1-6-1982. The benefits were released to number of teachers duly granting special promotion posts etc., duly taking into account unaided service also for the purpose of computation of total service to enable the staff to avail the benefit under the scheme. While so, the Government of Andhra Pradesh issued Memo dated 6-1-1987 cancelling the benefits of the promotion...

Ravi Oil Mills, Kurnool Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Reported in: 2000(3)ALD155

ORDERP. Venkatarama Reddi, J.1. The TRCs. arise out of a common order passed by the Sales Tax Appellate Tribunal. The orders questioned in appeals before the Tribunal were those levying interest or the delayed payment of sales tax dues under the CST and APGST Acts. As far as CST is concerned, it is now settled by the Supreme Court in India Carbons Limited v. State of Assam, 106 STC 460, that there being no substantive provision in the Central Sales Tax Act for charging the interest on delayed payment of tax, the provisions of local Sales Tax Act relating to interest cannot be imported by taking resort to Section 9(2) and Section 9(2-A) of the CST Act. In view of this judgment, TRC Nos.10, 11, 12 and 60 of 1992 have to be allowed. Accordingly, they are allowed.2. As regards the levy of interest under Section 16 of the APGST Act on the delayed payment of local sales tax. We see no ground to differ with the view taken by the Tribunal. The Tribunal rightly took the view that the interim or...

Lingampalli Rajam (died) by LRs. Vs. Colliery Manager, Morgan's Pit Si ...

Court: Andhra Pradesh

Reported in: II(2000)ACC425; 2000(1)ALD554; 2000(1)ALD554; 2000(2)ALT115; 2000(2)ALT115; [2000(85)FLR761]

ORDER1. This appeal is directedagainst the order dated 6-12-1991 in WC Case No.56 of 1990 of the Commissioner for Workmen's Compensation, Warangal aggrieved by the award of compensation at Rs.2,924/-.2. The first appellant is the workman under the services of the respondent-Company. He died on 11-6-1996 and his legal representatives are brought on record vide order of this Court dated 27-11-1998 in CMP No.23242 of 1998 as appellants 2 to 4.3. The brief facts of the case as narrated in claim petition are that the deceased-first appellant, who was employed in Singareni Collieries Company Limited as Trammer met with an accident on 26-7-1987 at about 6 a.m. during the course of his employment in Morgan's pit when full tub jumped from rails and hit the right leg resulting in compound fracture of both ankle and hips of right leg. As a result of the accident his leg was shortened by 4' and a plate was inserted into his leg and he became toatally disabled thereby resulting in loss of 100% earn...

Ttk Pharma Ltd., Jeedimetla Vs. Authority Under the Munimun Wages Act ...

Court: Andhra Pradesh

Reported in: 2000(1)ALD479; 1999(6)ALT792; (2000)ILLJ966AP

ORDER1. The petitioner is a reputed company belonging to reputed group of companies manufacturing drugs. It employs about 400 workmen. The Government issued a notification vide G.O. Ms. No.183, dated 26-12-1992 fixing minimum wages to be paid to various categories of employees in drugs and Pharmaceutical Industries. The petitioner, apparently, has violated this law of paying minimum wages contained in Minimum Wages Act, 1948 ('the Act' for brevity) and statutory notification issued thereunder. On 17-7-1997, the Assistant Labour Officer inspected the office of the petitioner and found that in respect of 82 workmen, the petitioner is not paying the minimum wages as fixed by the Government. Therefore, the inspecting officer estimated the value of the balance of wages to be paid to those workmen at Rs.2,90,111.50 ps. as provided under sub-section (3) of Section 20 of the Act. The Labour Officer-cum-Inspector under the Act filed an application before the Minimum Wages Authority, the first r...

A.V. Janardhana Rao Vs. M. Aruna Kumari

Court: Andhra Pradesh

Reported in: 2000(1)ALD159; 2000(1)ALT285; II(2000)DMC118

ORDERMotilal B. Naik, J 1. Theappellant who is the husband of the respondent, has filed this appeal aggrieved by the orders passed by the Family Court, Hyderabad in OP No.1 of 1997 dated 16-12-1998.2. The appellant moved the Family Court at Hyderabad by presenting a petition under Section 13(1-A)(i) of the Hindu Marriage Act, 1955 for dissolution of his marriage with the respondent on the ground that there was no resumption of cohabitation between the parties to the marriage for a period of one year and upwards after passing of a decree for judicial separation.3. For the purpose of convenience, the parties are addressed as petitioner and respondent as arrayed in OP No.1 of 1997.4. The brief allegations in the petition, OP No.1 of 1997 are as under:The petitioner was judicially separated from the respondent since 23rd December, 1995 pursuant to the order passed by the Family Court at Hyderabad in OP No.358 of 1995 filed by the respondent-wife. According to the petitioner, the decree for...

Kadiyala Bala Gangadhar Joshi Vs. State of A.P. and Others

Court: Andhra Pradesh

Reported in: 2000(1)ALD320

ORDER1. By order dated 26-12-1997, by setting aside the proceedings of the 2nd respondent in Proceedings Re No. 4431 /PCI1/96, dated 3-6-1997, I allowed the WP No. 18846 of 1996, filed by Sri K. Bala Gangadhar Joshi, who is working as Junior Lecturer in English (for short Junior Lecturer) in the 3rd respondent College, and directed it to appoint the petitioner as lecturer in English in the Degree College without insisting for 55% of marks in the Post Graduate level, as per G.O. Ms. No.32, Edn. (J) Department, dated 19-1-1984. Aggrieved by this order one Sri V. Murali Krishna (for short the 'lecturer'), working as lecturer in English in an un aided post in the Degree College filed Writ Appeal No.225 of 1998 with the leave of the Court and a Division Bench of this Court by its order dated 10-3-1998 remanded the matter for fresh disposal along with Writ Petition No.9394 of 1997, filed by the said appellant, who is also claiming the same post.2. Both the Counsel addressed arguments in exte...

P. Bapu Raju Vs. Revenue Divisional Officer, Sangareddy and Others

Court: Andhra Pradesh

Reported in: 2000(2)ALD317; 1999(6)ALT771

ORDER1. The writ petition is filed by the elected President of the Mandal Praja Parishad, Kalher Mandal. He is aggrieved by the action of the majority members of the Mandal Praja Parishad in expressing no confidence in him. He also complains that the procedure contemplated under Section 245 of the A.P. Panchayat Raj Act, 1994 (the 'Act' for brevity) and the Rules made under sub-sections (1) and (2) of Section 245 read with sub-section 268 of the, A.P. Panchayat Raj Act, 1994 (hereafter called 'the Rules') was not followed.2. The elections to Mandal Praja Parishad were conducted in March, 1995 and the petitioner was elected as President, Mandal Praja Parishad, Kalher. The MandalPraja Parishad consists of eleven members. Seven members of the Mandal Praja Parishad gave a notice to the competent authority, the Revenue Division Officer, Sanga Reddy, the first respondent herein, in Form No.11 (appended to the Rules) enclosing a copy of the proposed resolution expressing no confidence in the ...

Government of Andhra Pradesh Vs. E. Sudha Rani and Others

Court: Andhra Pradesh

Reported in: 2000(3)ALD147; 2000(1)ALT383

ORDERM.S. Liberhan, C.J.1. A common entrance test for admissions into the First Year MBBS course in the State was held on 17th May, 1999. Pursuant to the directions of this Court in regard to previous year's Common Entrance Test, key answers for the Eamcet question paper in relation to the MBBS entrance test was published by the Convenor of the Common Entrance Teston 20-5-1999 and objections thereon were called for. The result of the test was published on 2-6-1999. On 3-6-1999 having considered the objections put forward by certain examinees, the Convenor deleted 2 questions, Nos.104 and 191 and the results thereupon were in the process of finalisation. While so, during the 2nd and 3rd weeks of June, 1999 about 14 writ petitions involving 23 writ petitioners who were examinees for the MBBS entrance were filed assailing the correctness of the key answers in respect of question Nos.28, 51, 58,60, 84 and 151. Considering the challenges set out in the writ petitions a learned single Judge ...