Andhra Pradesh Court April 1999 Judgments
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Y. Raghavendra Vs. Nrt University of Health Sciences, Vijayawada and O ...
Court: Andhra Pradesh
Decided on: Apr-20-1999
Reported in: 1999(3)ALD264; 1999(3)ALT284
1. This batch of writ petitions are filed challenging the action of the first respondent praying this Court :'.... may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the procedure adopted by the University authorities in making the selection and admission into the 1st Year MBBS Course for the academic year 1998-99 is contrary to law and illegal and consequently set aside the provisional admissions made in pursuance of the Notification dated 21-11-1998 and further direct the respondent University to make the selection strictly in accordance with the principles enunciated by the Supreme Court in Ritesh R. Sah case and grant such other relief, asthis Hon'ble Court may deem fit and proper in the circumstances of the case.'2. It is agreed by all the learned Counsel appearing on behalf of the various parties that Writ Petition No.33489 of 1998 can be treated as representative of all the Writ Petitions and the facts as averred ...
M.V. Krishnaiah and Another Vs. Government of Andhra Pradesh, Food and ...
Court: Andhra Pradesh
Decided on: Apr-20-1999
Reported in: 1999(3)ALD296; 1999(3)ALT315
ORDER1. The instructions issued by the Controller of Legal Metrology, Government of Andhra Pradesh in Circular No.14285/T2/88-2 dated 31-12-1988 prescribing the norms for testing, conducting of the test for skilled worker for undertaking the repairs of Weights, Measures, Weighing and Measuring Instruments is assailed in this writ petition. The matter arises under the Standards of Weights and Measures Act, 1976 and the Standards of Weights and Measures (Enforcement) Act, 1985 (for short 'the Enforcement Act'). The first petitioner is a licensed repairer and having a valid licence issued under the provisions of the Enforcement Act. The second petitioner is stated to be working in the workshop of the first petitioner as a trainee for the last ten years.2. Shorn of all the embellishments, it is the case of the petitioners that either under the Standards of Weights and Measures Act, 1976 (for short 'the Act') or under the Enforcement Act, 1985 or the Rules framed thereunder, there is no pro...
Shaik Khader HussaIn Vs. V.T. Dass (Died) and Others
Court: Andhra Pradesh
Decided on: Apr-20-1999
Reported in: 1999(3)ALD357; 1999(3)ALT334
ORDER1. The petitioner herein is the 6th defendant in OS No.8 of 1998 pending on the file of the Additional District Judge, Madanapalle. Originally the suit was filed by one V.Y. Dass against the petitioner herein and other defendants. On presentation of the plaint, the Office raised certain objections and the plaint was returned to the plaintiff Mr. V. Y, Dass for complying with the office objections. But before the office objections could be complied with, Mr. V.Y. Dass died and therefore the respondents 2 to 5 herein came on record as the plaintiffs and they were allowed to prosecute the suit. Hence the revision.2. it was the contention of the learned Counsel for the petitioner herein that on the death of Mr. V.Y. Dass, his legal representatives did not file any petition to come on record. They also did not file-any petition to set aside the abatement and therefore il was a wrong order on the part of the Addl. District Judge, Madanapalle, to allow the respondents 2 to 5 to prosecute...
Ponugupati Subba Rao Vs. Sikhakollu Pulla Rao
Court: Andhra Pradesh
Decided on: Apr-20-1999
Reported in: 1999(3)ALD446; 1999(3)ALT144
1. The plaintiff-respondent filed a suit for recovery of a debt on the basis of a pro-note dated 5-5-1992 executed by thedefendant-petitioner. The original pro-note was executed for Rs.2,000/- and it was agreed that the interest shall be paid at the rate of 24% per annum. The rate of interest claimed in the suit however was 12 1/2%. It was claimed in the suit that the defendant had borrowed a' sum of Rs.2,000/- from the plaintiff on 5-5-1992 and a promissory note had been executed. The defendant in his written statement denied borrowing of any loan from plaintiff and executing the pro-note. It was stated that the plaintiff had fabricated the promissory note with an ante date. The plaintiff examined himself and a witness. The plaintiff, according to the judgment, had initially proved that the document had been executed. The defendant however took a stand that he had not put any signatures on the pro-note and the signature was forged. The learned Judge relied on a judgment of this Court ...
Sri Gnyana Saraswati Integrated Educational Institutions Society, Hyde ...
Court: Andhra Pradesh
Decided on: Apr-20-1999
Reported in: 1999(3)ALD607; 1999(3)ALT589
ORDER1. This writ petition is filed for a writ of mandamus or any other appropriate writ declaring the action of the respondents in selling shop Nos.3, 4 and 5 on the first floor of the commercial complex, IndustrialEstate, Shantinagar vide notification No.5/ ZM/JDM/97-98 dated 16-3-1998 for the industrial purpose as arbitrary and illegal. The petitioner also has sought for a further declaration that the action of the respondents in not allotting shop Nos.3, 4 and 5 in favour of the petitioner-Society for educational purposes as arbitrary and illegal and consequently directing the respondents to allot shop Nos.3, 4 and 5 on the first floor of the Commercial Complex, Industrial Estate, Sanathnagar, in favour of the petitioner for educational purposes.2. In the affidavits filed in support of the writ petition, it is stated that the petitioner is a Society registered under the Societies Registration Act and the objects of the Society are to establish educational institutions relating to g...
i. Chandra Rao and Others Vs. Executive Officer, Sree Seetharama Chand ...
Court: Andhra Pradesh
Decided on: Apr-20-1999
Reported in: 1999(5)ALD109; 1999(3)ALT267
ORDERM.S. Liberhan, C.J 1. Learned Counsel for the respondent-Devasthanam states that the similar direction as were issued in WP No.3596 of 1998 be issued in this appeal also. The directions issued in WP No.3596 of 1998 are to the following effect:'I am of the opinion that first respondent cannot take steps for demolition of the shops by merely giving a notice. In the aforesaid circumstances, it is opento the first respondent to take appropriate proceedings for eviction of the petitioner, according to law'.2. Instead of taking appropriate proceedings for eviction of the appellants in terms of the directions above, the first respondent merely issued a notice of eviction to the appllants. We fail to comprehend why the respondent wants that the similar directions as were issued in W.P.3596/98 be issued in this appeal also having once failed to comply with the said directions issued as far back as 1998. Admittedly, the appellants are encroachers. Nothing has been shown to us as to whether ...
Y. Srinivasa Reddy and Vs. A.V. Arunadevi and anr.
Court: Andhra Pradesh
Decided on: Apr-20-1999
Reported in: 1999(1)ALD(Cri)757; [1999]97CompCas246(AP); 1999CriLJ3644
Bilal Nazki, J. 1. Heard learned counsel for the parties. Both the petitions are interconneced, therefore, they are decided by this common order. 2. A complaint has been filed against the petitioner under Section 138 of the Negotiable Instruments Act, 1881, which is sought to be quashed in these petitions. Two grounds have been agitated before this court. One ground is that, no notice was received by the petitioner demanding payment of the money after the alleged dishonour of the cheque by the bank. The second ground which is agitated before this court is that, blank cheques had been given and even, according to the complainant, these cheques were given by way of security and were post-dated, these cheques were given in the year 1997 and, admittedly, these cheques were presented to the bank after the statutory period of six months. Therefore, the complaint is not maintainable. 3. Coming to the first argument; it has been stated by the complainantthat notice has been sent through regist...
A.P.S.E. Board and ors. Vs. B. Subba Reddy and anr.
Court: Andhra Pradesh
Decided on: Apr-20-1999
Reported in: 1999(3)ALT617
M.S. Liberhan, C.J.1. The respondents were initially employed with the Public Works Department in the year 1969 and subsequently vide proceedings dated 12-3-1975 of the Executive Engineer, Field Machinery Division, they were transferred to the appellant-APSEB, on permanent basis and posted in various wings. B.P. Ms. No. 904, dated 27-9-1984 provided that the Drivers who have put in ten years of service shall be entitled to the Grade II Scale of Pay and the Drivers who have completed 15 years of service are entitled for Grade I Scale of Pay. Concedingly, since the respondents have put in requisite service in the posts wherein there was no promotional avenue, their case is squarely covered by the B.P.Ms. No. 904, dated 27-9-1984.2. The stand of the appellant-Board is that the respondents were not regular employees before 1995, consequently they are not entitled to the benefits of B.P.Ms. No. 904, dated 27-9-1984. The second stand taken by the Board is that the respondents have been perma...
Verendra Kumar Vs. Aashraya Makers and anr.
Court: Andhra Pradesh
Decided on: Apr-20-1999
Reported in: 1999(1)ALD(Cri)753; 1999(1)ALT(Cri)716; 1999CriLJ4206
ORDERBilal Nazki, J.1. This is a petition under Section 482, Cr. P.C. seeking quashing of C.C. No. 5/99 pending on the file of IV Metropolitan Magistrate, Hyderabad. This petition raises an interesting and important question of law. Counter has been filed and I have heard the learned counsel for the parties. Stay has been granted by this Court and a vacate stay application has also been filed. Since the pleadings are complete and the matter was heard in detail the matter is finally decided.2. A private complaint has been filed against the petitioner for the offence under Section 420, I.P.C. and Section 138 of the Negotiable Instruments Act. The learned Magistrate issued summons to the petitioner and after his appearance framed a charge under Section 420, I.P.C. and Section 138 of Negotiable Instruments Act. The contention of the petitioner is that the procedure adopted by the Magistrate in framing the charge is illegal in view of the provisions of Sections 244, 245 and 246 of the Crimi...
D. Narasimhulu Vs. N.V. Nagarajan and Another
Court: Andhra Pradesh
Decided on: Apr-19-1999
Reported in: 1999(3)ALD227; 1999(3)ALT90
ORDERN.Y. Hanumanthappa, J.1. Since the question of law and facts in all the three appeals are common, they are clubbed and disposed of by a common order.2. Writ Appeal No.2215 of 1998 and Writ Appeal No.63 of 1999 are filed challenging the order passed by the learned single Judge in WP No. 19099 of 1998 dated 7-12-1998 and Writ Appeal 2216 of 1998 is filed challenging the order of the learned single Judge passed in WP No.20086 of 1998 dated 7-12-1998. WP No. 19099 of 1998 was filed by N.V. Nagarajan seeking an appropriate writ declaring the action of the Tirumala Tirupati Devasthaman in appointing Mr. D. Narasimhulu as Devasthanam Educational Officer of Tirumala Tirupati Devasthanani, Tirupati in ROC B.6/20004/ 97, dated 3-7-1998 as illegal and further direct the Tirumala Tirupati Devasthanam to consider this candidature for appointment to the post of Devasthanam Educational Officer. WP No.20086 of 1998 was filed by Dr. C. Nirmal seeking an appropriate writ declaring the action of the...
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