Andhra Pradesh Court February 1999 Judgments
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T. Nagaraju and Others Vs. District Collector and Chairman, Rural Deve ...
Court: Andhra Pradesh
Decided on: Feb-22-1999
Reported in: 1999(3)ALD702; 1999(2)ALT367
ORDER1. All the three petitioners herein were appointed as NMR Section Writers by the 2nd respondent on 4-1-1992 on daily wagebasis. They are being paid a sum of Rs.60/-per day as per the orders of the 1 st respondent under the Minimum Wages Act. All the petitioners herein claim that they possess the required qualifications to hold the post of Section Writer/Junior Assistant. It is submitted that they are discharging their regular duties on par with the other Section Writers in the respondents's organisation, it is their case that the functions discharged by them are similar and same as those of the other employees who were regularly appointed as Section Writers/Junior Assistants. It is submitted that the 2nd respondent had already recommended their cases to the Commissioner of Panchayat Raj and Rural Development through letter dated 6-6-1993 for regularisation of their services and for payment on regular pay scales. However, the matter rests with the 1st respondent and no action as su...
Kanigiri Vaddera Stone Quarrying Labour-contract Co-op, Society, Kanig ...
Court: Andhra Pradesh
Decided on: Feb-19-1999
Reported in: 1999(2)ALD208; 1999(2)ALT190
ORDERM.S. Liberhan, CJ1. The appellant impugned the quarry lease renewed in favour of the 5th respondent-Society by the competent authority for a period of five years under the A.P. Minor Mineral Concession Rules.2. The learned single Judge, while determining the question raised in the writ petition to the effect whether the State is within its right to condone the delay in filing the renewal application, dismissed the writ petition inter alia holding that the Government is empowered to condone the delay of eight days. The question relating to the condonation of delay of eight days is raised in the following factual matrix :The 5th respondent-Society was granted lease for 2 acres in S. No. 1010/1 vide order dated 27-3-1988. Another lease in respect of S.No.1009 for 1.25 acres was also granted on the same day in favour of the fifth respondent-Society. Under the rules, the lessee is statutorily entitled for renewal of lease for five years twice. The first renewal of the lease for five ye...
K. Mallikarjuna Rao Vs. Principal, A.P. Residential School (St. Boys), ...
Court: Andhra Pradesh
Decided on: Feb-19-1999
Reported in: 1999(2)ALD243; 1999(2)ALT323
ORDERM.S. Liberhan, C.J. 1. The sole contention raised by the learned Counsel for the appellant is that the State cannot enforce the bond executed by the appellant in terms of G.O. Ms. No.268 dated 8-9-1990, by which the State Government has made the Central Government Order No. 15-4-1966 applicable to the employees of the State by adoption of the said G.O. The order of the Central Government reads as under:'The undersigned is directed to refer to . para 4 of the Ministry's OM. No.70(1)/ 60-Ests, dated the 9th May, 1960 according to which terms of bond (which Government servants receiving scientific or technical training at Government expense have to execute undertaking to repay the money in the event of their failure to serve Government for a specified number of years after completion of their training) are to be enforced only against these Government servants who leave Government service in order to secure private employment. It has now been decided in consultation with the Ministry ...
Varadapureddi Simmanna Vs. State
Court: Andhra Pradesh
Decided on: Feb-19-1999
Reported in: 1999(2)ALD352; 1999(1)ALD(Cri)504; 1999(1)ALT(Cri)518; 1999CriLJ2465
1. This appeal is directed against the judgment dated 25-8-1993 inCC No.3 of 1993 on the file ofthc Additional Sessions Judge-cum-Special Judge, Vizianagaram under which the appellant (A3) along with other accused (A1 and A2) have been convicted for the offence under Section 8(c) read with Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and sentenced to undergo rigorous imprisonment for a term of five years.2. The facts relating to this appeal may be stated briefly as follows :On 16-11-1992 at about 8.00 p.m., PW1 V. Ramaswami, Excise-Snb-Inspector, S. Kola and PW2, M.V.S.S.N. Murthy-Excise Inspector and some others were conducting the route watch, during the course of which, they reached Matcdu tank at about 10.30 p.m. There they noticed a Maruthi Van bearing No. OIU 6362 coming from S. Kola and on suspicion they stopped the said van, PW1 went near the van and opened the door by the side of the driver (Accused No. 1, A2 and A3 were si...
Majji Palawelli and Another Vs. Shaik HussaIn and Others
Court: Andhra Pradesh
Decided on: Feb-19-1999
Reported in: 2000ACJ629; 1999(2)ALD318; 1999(2)ALT132
ORDER1. Heard.2. This Civil Revision Petition is directed against the order in IA No.1114 of 1998 in OP No.600 of 1995 refusing permission to withdraw an amount of Rs.25,000/- which is invested in Fixed Deposit in Vijaya Bank, Vizianagaram for the purpose of discharging the marriage debts of the petitioners' eldest son.3. The impugned order shows that the learned Judge perused the judgment in the case of General Manager, Kerala Sttate Road Transport Corporation, Trivandrum v. Sushma Thomas and others, 1994 (1) ALT 1 (SC), and came to the conclusion that the purpose for which withdrawal is sought for does not amount to emergency and not covered by Clause 8 of the guidelines formulated in this regard. Accordingly, he refused permission and hence this revision petition is filed.4. R3 has entered appearance pursuant to the notice before admission.5. Sri Gudapati Venkateswara Rao, learned Counsel for the revision petitioners strenuously contended that the petitioners had incurred debts for ...
K. Narasimha Reddy and Another Vs. Government of A.P., Forest Departme ...
Court: Andhra Pradesh
Decided on: Feb-19-1999
Reported in: 1999(2)ALD336; 1999(2)ALT453
ORDERM.S. Liberhan, CJ 1. The appellants, hereinafter referred to as the petitioners, impugned the advance sale notice for collection of Abnus (beedi) leaves during the year 1999 season by inviting sealed tenders for purchasing leaves to be collected from the Government lands and purchased from registered Growers in terms of the Andhra Pradesh Minor Forest Produce (Regulation of Trade) Act, 1971, hereinafter referred to as 'the 1971 Act', and the Andhra Pradesh Minor Forest Produce (Regulation of Trade in Abnus leaves) Rules, 1970, hereinafter referred to as 'the Rules', and the Andhra Pradesh Forest Act, 1967, hereinafter referred to as 'the 1967 Act' and the rules made thereunder, hereinafter referred to as 'the 1967 Rules'.2. Relevant part of the tender as well as the proposed agreement referred to by the Counsel for the appellants to make his submissions may be noticed as under:'Sealed tenders are invited from persons or parties registered as manufacturers of beedi or exporters ofa...
P. Ravinder and Others Vs. Ethirajamma and Another
Court: Andhra Pradesh
Decided on: Feb-19-1999
Reported in: 1999(2)ALD388; 1999(2)ALT249
ORDERN.Y. Hanumathappa, J 1. This writ petition is filed to declare the judgment and decree dated 2-4-1998 passed in L.G.A. No.46 of 1997 on the file of the Special Court under A.P. Land Grabbing (Prohibition) Act confirming the judgment and decree dated 21-7-1997 passed in OP No.560 of 1991 on the file of the Chief Judge, City Civil Court, Hyderabad-cum-Special Tribunal under A.P. Land Grabbing (Prohibition) Act.2. The said OP No.560 of 1991 was filed by the 1 st respondent herein under subsection (1) of Section 7A r/w Section 8(1) of A.P. Land Grabbing (Prohibition) Act, 1982 to declare the petitioners herein as land grabbers and for their eviction and also for payment of compensation of Rs.20,000/- to the 1st respondent herein. The learned Trial Judge allowed the petition ordering eviction of the petitioners herein and disallowing the claim of the 1st respondent for compensation. Aggrieved by this, the petitioners carried the matter in appeal in L.G.A. No.46 of 1997 which was dismis...
Chiranjeevi Vs. Lavanya @ Sujatha
Court: Andhra Pradesh
Decided on: Feb-19-1999
Reported in: 1999(2)ALD508; 1999(2)ALT493; II(1999)DMC48
ORDERN.Y. Hanumanthappa, J.1. Thisis an appeal filed by the husband aggrieved by the judgment and order passed by the Principal Sub-Judge, R.R. District, Saroornagar on 19-10-1995 in CP No. 104 of 1992 rejecting his application filed under Section 13(1)(i-a) of the Hindu Marriage Act, 1956 seeking dissolution of the marriage with the respondent-wife, namely, Smt. Lavanya @ Sujatha.2. The appellant and the respondent are husband and wife. Their marriage was solemnised on 1-8-1990 at Lalaguda, Secunderabad as per Hindu rites and customs. The said marriage was an arranged one. It is the case of the appellant-husband that after the marriage the parties lived together at Malkajigiri. Later, some trouble started between them and thereafter the respondent-wife to visit her parents house often without informing her husband and used to insist him to leave the joint family house of his father and take a separate house. It is also his case that the respondent-wife was unwilling to prepare food fo...
Engineering Projects (India) Ltd., New Delhi Vs. K.P.R. Reddy
Court: Andhra Pradesh
Decided on: Feb-19-1999
Reported in: 1999(3)ALD114; 1999(2)ALT499
ORDERN.Y. Hanumanthappa, J 1. These two appeals arise out of the common order passed by the Principal Subordinate Judge, Visakhapatnam in OP Nos.306/92 and 291/92 dated 26-2-1996. Accordingly, these appeals are clubbed and disposed of by this common Judgment.2. These two appeals are filed by M/ s. Engineering Projects (India) Ltd, New Delhi aggrieved by the order in OP No.291/ /96, whereby the Subordinate Judge passed an order making the Award of the Arbitrator as 'Rule of the Court'. Whereas CMA No.662/96 is filed aggrieved by the order in OP No.306/92 dated 26-2-1996, whereby the Principal Subordinate Judge, Visakhapatnam refused to set-aside the Award of the Arbitrator.3. The appellant Engineering Projects (India) Ltd., a Public SectorUndertaking, hereinafter referred to as 'Company', entered into a contract with the Stale organisation of Buildings, Ministry of Housing of the Republic of Iraq for construction of building under the name and style of 'Council of Ministers Building' at...
B. Sailesh Vs. Osmania University and anr.
Court: Andhra Pradesh
Decided on: Feb-19-1999
Reported in: 2000(1)ALT95
ORDERB. Sudershan Reddy, J.1. The petitioner in the instant writ petition prays for issuance of an appropriate writ particularly one in the nature of Mandamus declaring the proceedings of the first respondent in No. 581/BE/Exams MP/98 dt. 23-11-1998 as arbitrary and illegal and consequently direct the first respondent to publish the result of the petitioner enabling him to pursue the further course of B.E.2. The petitioner is a first year Engineering student. The first year examinations of B.E. were started in the last week of August, 1998. On 4-9-1998 the petitioner was writing the Physics examination at M.J. College of Engineering, Panjagutta. It is his case that before entering the calculations on the answer sheet he was doing the rough work on his palm of left hand and also on the question paper in a normal manner. There was no attempt by him to copy from any material and he did not possess any prohibited material in his possession. The petitioner's answer sheet was taken by the In...
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