Andhra Pradesh Court February 1999 Judgments
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Bay Shipping Company Pvt. Ltd., Visakhapatnam Vs. Board of Trustees, V ...
Court: Andhra Pradesh
Decided on: Feb-23-1999
Reported in: 1999(2)ALD198; 1999(2)ALT341
ORDER1. The petitioner has filed this writ petition questioning the action of the respondents in auctioning and selling of his two fishing trawlers M.F.T. 'Sea Fox' and MFT 'Marine Victor' to the third respondent M/s. T.S. Enterprises, Visakhapatnam and with a consequential direction to the 1st respondent i.e., Visakhapatnam Port Trust to redeliver the said vessels to the petitioner, after setting aside the auction sale dated 9-2-1996.2. In the affidavit filed in support of the writ petition, it is stated that the petitioner purchased these two fishing trawlers in a public auction held by the 1st respondent on 6-8-1986 and on the date of purchase, these two trawlers were not sea-worthy and they were about to sink. The petitioner effected extensive repairs by investing huge amounts over and above Rs.55,00,000/- in the year 1986. During that period, these trawlers were dry-docked for the purpose of repairs under the supervision of the Indian Registrar of Shipping and Mercantile Marine De...
Vasavi and Company, Kodakondla Srisailam Vs. Nampally Padma and Others
Court: Andhra Pradesh
Decided on: Feb-23-1999
Reported in: 1999(2)ALD309; 1999(2)ALT305
ORDER1. This Court by a common order dated 20-3-1998 had disposed of Civil Revision Petition Nos.4007, 4008, 4009, 4010 and 4484 of 1997. Against the said order, the present review petitions have been filed. 2. The petitioner in the aforesaid CRPs, had filed suits against the respondents herein for recovery of certain amounts. The petitioner in the aforesaid CRPs, hereinafter referred to as the 'plaintiff and the respondents herein referred to as the 'defendants'. The suits filed by the plaintiff were decreed. Then the plaintiff filed execution proceedings in the Court of the Principal District Munsif, Warangal for recovery of the amounts due under different decrees by attaching whole properties of the judgment-debtors under Order 21 Rule 43 CPC. The Executing Court dismissed all the Execution Petitions i.e., E.P. No.173 of 1995-in OS No.685 of 1984, E.P. No. 170 of 1995 in OS No.682 of 1984, E.P. No. 171 of 1995 in OS No.683 of 1984, E.P. No. 169 of 1995 in OS No.681 of 1984 and E.P. ...
K. Shankar Vs. Flt. Lt. Saji Thomas and Others
Court: Andhra Pradesh
Decided on: Feb-23-1999
Reported in: 1999(2)ALD560; 1999(1)ALD(Cri)626; 1999(2)ALT286
1. Heard the learned Counsel for the petitioner, and the learned senior Standing Counsel for Central Government. The matter was admitted and interim stay granted. A vacate stay application has also been filed. Since pleadings are complete the matter is finally decided.2. It appears that the petitioner had filed a private complaint against respondents 1 and 2 which was pending before the IV Metropolitan Magistrate, Hyderabad. This complaint had been registered as CC No. 91 of 1998. Admittedly the respondents 1 and 2 who were arrayed as accused in the complaint are officers subject to Air Forced Act, 1950. A memo came to be filed on behalf of the Commanding Officer of the accused Officers on 15-7-1998. This memo is reproduced :'Beg/C 2109/1/23/P1 15 Jul 98 The Hon'ble Metropolitan Magistrate IV Metropolitan Magistrate Nampally, Hyderabad In the case of FLT LT Saju Thomas and SON LDR S. Bhatnagar Calender Case No.91/98 Notice under Rule 5 of Criminal Court and Court Martial (Adjustme...
S. Madhusudana Reddy and ors. Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Feb-23-1999
Reported in: 1999(3)ALD80; 1999(2)ALT787
ORDER1. In these batch of writ petitions the important questions that arise for consideration are, whether the eligibility criterion for making appointment to a particular post has to be prescribed by the appointing authority, in this case, common cadre authority or a selection committee constituted for selecting the candidates and whether the eligibility criterion has to be prescribed with reference to the date of vacancies or with reference to the date of interview when the post is sought to be filled up at a latter date due to administrative exigencies. Another substantial question that arise for consideration is that when the employees drawn from two sources have been integrated and declared as one cadre, whether it is open to the appointing authority to fill up the vacancies that remained unfilled before the merger has taken place. The facts are not very much disputed.2. In the year 1985 Act 7/64 of Andhra Pradesh Co-operative Societies Act (for short 'the Act') was amended by Act...
Chairman-cum-md, Metallurgical and Engg. Consultants India Ltd. and Ot ...
Court: Andhra Pradesh
Decided on: Feb-23-1999
Reported in: 1999(4)ALD355; (1999)IILLJ1237AP
ORDER1. The Metallurgical and Engineering Consultants India Limited, Visakhapatnam (herein after referred to as 'the Management') has filed this writ petition being aggrieved by the judgment and Award of the Industrial Tribunal Cum labour Court, Visakliapatnam dated 13-4-1998 in ID No.321/1994 and MP Nos.l/95{c), 2/95(c), 3/95(c), 4/95(c), 5/95(c), 6/95(c), 7/95(c) and 8/95(c) and MP Nos.12/95, 13/95, 14/95, 15/95, 16/95 and 17/95. The learned Counsel appearing for the petitioners strenuously contended that the impugned judgment and order of the Tribunal is wholly illegal and without jurisdiction and the same is liable to be set aside. He relied upon certain judgments. On the other hand, the learned Counsel appearing for the respondents-employees strenuously supported the Award.2. In order to appreciate the rival contentions, I think it appropriate to summarily note the findings of the Tribunal.3. The Tribunal has held that out of 30 workmen, on whose behalf a dispute was filed, only 1...
Land Acquisition Officer, Special Deputy Collector, La Unit-1, Pochamp ...
Court: Andhra Pradesh
Decided on: Feb-23-1999
Reported in: 1999(4)ALT385
ORDERN.Y. Hanumanthappa, J.1. This is a State Appeal preferred against the order dated 7-10-1994 in O.P. No. 343 of 1994 on the file of the Additional District Judge, Nizamabad.2. The brief facts of the case are as follows: The Government have acquired the structures existing in the village of Kusthapur village, Armur taluk of Nizamabad District belonging to the claimants, the respondents herein since they were to come under submergence of Sreeramsagar Project after issuing notification under the provisions of the Land Acquisition Act. The Land Acquisition Officer determined the market value for the structures, house-sites etc., and passed award. Dissatisfied with the quantum of compensation awarded the claimants, the respondents herein sought reference of the matter to the civil Court under Section 18 of the Land Acquisition Act. The claimants led both oral and documentary evidence in support of their claims. The learned Additional District Judge after hearing the arguments advanced o...
Karamalakunta Kadiramma Vs. Karamalakunta Dasappa and anr.
Court: Andhra Pradesh
Decided on: Feb-23-1999
Reported in: 1999(2)ALT256
Ramesh Madhav Bapat, J.1. The appellant herein was the second plaintiff and the respondents herein were the defendants in O.S. No. 49 of 1993 which was pending on the file of the Principal District Munsif, Madanapalle. The appellant herein along with her father instituted the above suit in the Court of the Prl. District Munsif, Madanapalle against the respondents herein. The suit was filed for permanent injunction. On evidence, the learned trial Judge dismissed the suit. Aggrieved by the judgment and decree passed in O.S. No. 49 of 1993, the plaintiffs carried the matter in appeal by filing A.S. No. 132 of 1997 in the Court of the Additional District Judge, Madanapalle. The learned Judge dismissed the appeal and confirmed the decree and judgment passed by the trial, Judge. Aggrieved by the judgment and decree passed in A.S. No. 132/97, the appellant herein has preferred the Second Appeal before this Court.2. Initially there were two plaintiffs. The 1st plaintiff, who was the father of ...
Yeni Reddy Raghava Reddy Vs. Government of A.P., Secretary, Panchayat ...
Court: Andhra Pradesh
Decided on: Feb-22-1999
Reported in: 1999(2)ALD298; 1999(2)ALT175
ORDERM.S. Liberhan, C.J. 1. The appellant (hereinafter referred as 'the petitioner') was elected as the President of the Mandal Parishad, Prathipadu, constituting of 12 members. 8 out of the 12 members moved a motion for want of confidence in the President before the Revenue Divisional Officer, Guntur, on 7-11-1998. As a consequence of that, a notice was issued to the members for the proposed vote of no-confidence. The notice was issued on 9-11-1998 for the meeting to be held on 1 -12-1998 at 11.00 a.m. The sole contention raised by the learned Counsel for the petitioner is that since the notice in Form-V did not have the copy of the proposed motion of no confidence in Form-11 as the true copy, inasmuch as it did not contain the names or signatures of the persons, who delivered the notice of no-confidence in Form-11 to the Revenue Divisional Officer, Guntur, the vote of no-confidence cannot be sustained.2. The learned Counsel for the appellant submitted that certain procedure is prescr...
A. Vasudevaiah Vs. Executive Officer, Tirumala Tirupati Devasthanams a ...
Court: Andhra Pradesh
Decided on: Feb-22-1999
Reported in: 1999(2)ALD304; 1999(2)ALT316
1. The petitioner was appointed as Instructor (Welder) in the 2nd respondent-Institute as per the proceedings issued by the 1st respondent dated 27-3-1983 and he joined duty oil the next day i.e., 28-3-1983 to discharge the duties of an instructor in the trade of 'Welder'. His services were regularised with effect from 28-3-1983 and later, his probation was also declared with effect from 27-3-1985. The 2nd respondent-Institute was established in the year 1983 itself. It runs under the control of the 1st respondent-Devasthanams. The service conditions of the employees of the Institute are governed by the Rules called -Tirumala Tirupathi Devasthanams Employees Service Rules, 1989, which were published in GO Ms. No.1060, Revenue (Endowments-I) Department, dated 24-10-1989. Under Rule 4, the rules issued by the Government of Andhra Pradesh in respect of the employees of the State Government and other orders issued from time to time by the Government insofar as they relate to Pay and Allowa...
Dilli Krishna Reddy and Another Vs. Sri Ramula Sathaiah and Others
Court: Andhra Pradesh
Decided on: Feb-22-1999
Reported in: 1999(3)ALD92; 1999(2)ALT403
ORDER1. This order shall also govern the disposal of CMAs. 1549, 324, 326 and 1553 of 1992 because all the claims have arisen out of the same accident.2. It is no longer in dispute before me that on 15-4-1988, the deceased Dilli Alivelu, the deceased Bharathamma, the deceased Gogireddy Butchi Reddy were travelling with other persons in Ihe trailor bearing No.AEB 2524 of tractor bearing No.AEB 2523 for attending the marriage at Raiprolu. They were also carrying 4 bags of rice, 10 qtls. of fire wood and 'Vistarikattalu' and had paid Rs.500/- as hire charges. It turned turtle due to the rash and negligent driving of Sriramula Sathaiah, the tractor Driver at about 4 a.m. due to which all these three persons suffered grievous injuries and later died. The said tractor and the trolly were owned by Boddu Muralidhar Reddy and was insured with the appellant-Insurance Company.3. The legal heirs of the deceased Butchi Reddy filed a petition in OP 536 of1988 for compensation of Rs.1,00,000/-. The l...
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