Andhra Pradesh Court July 1999 Judgments
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Thadikonda Ramulu Firm and Others Vs. Mallavarapu Kasivisweswara Rao Overruled
Court: Andhra Pradesh
Decided on: Jul-30-1999
Reported in: 2000(3)ALD493; 2000(1)ALT467
ORDERS.V. Maruthi, J 1. These two appeals arise out of the judgment and decree in OS No.33 of 1987 on the file of the learned Additional Subordinate Judge, Kakinada. Plaintiff is the appellant in AS No.721 of 1992 and the defendant is the appellant in AS No.1872 of 1991. The suit was filed for recovery of Rs.5,22,353-33 ps.,which was due on two pronotes and for subsequent interest. 2. The plaint averments in brief are as follows : The parties are referred to as arrayed in the suit. The 2nd defendant is the father of defendants 3 and 4. The first defendant is the firm belonging to defendants 2 to 4 and the 2nd defendant is the managing partner of the 1st defendant-firm. The plaintiff introduced one Pynda Ramakumar, who agreed to advance monies on the understanding that the defendants will repay the amount and that the plaintiff executed pro-notes as sureties. The plaintiff is the son-in-law of the 2nd defendant. He executed certain pronotes, the consideration of which was received by th...
P.R. Naidu, Board of Management Sri Krishna Devaraya University, Anant ...
Court: Andhra Pradesh
Decided on: Jul-30-1999
Reported in: 1999(4)ALD405
ORDERB. Subhashan Reddy, J 1. This LPA is directed against the order dated 29-1-1998 passed by a learned single Judge in Contempt Case No.1387 of 1996. The said contempt case arose out of an order passed in WP No.7664 of 1994. By theorder dated 11-8-1994 passed in the said writ petition, this Court directed to consider the case of the respondent for according approval to the Resolution passed by the Board of Management on 8-9-1992 to appoint the petitioner as a Lecturer in Political Sciences on compassionate grounds. A time of two months from the date of the receipt of a copy of the said order was stipulated.2. It may be necessary to state few facts. Father of the respondent, namely, Venkat Reddy, was it Professor in the discipline of Chemistry in Srikrishna Devaraya University at Anantapur. While in service, he died on 21-5-1990 and the respondent had sought for appointment as 'leaching Assistant. But, he was appointed as a Junior Assistant on a regular scale ofpay as per G.O. Ms. No....
Vbc Industries Ltd., Visakhapatnam and anr. Vs. Union of India and Oth ...
Court: Andhra Pradesh
Decided on: Jul-30-1999
Reported in: 1999(5)ALD151; 1999(5)ALT240; 2000(67)ECC371; 1999(114)ELT378(AP)
ORDERP. Venkatarama Reddi, J 1. Legal ingenuity knows no bounds. It baffles an ordinary person whether the pleas such as those put forward in the present case could be available at all. The petitioners having got the refund pursuant to the judgment of this Court which was later on reversed by the Supreme Court tries to resist the move of the Excise Department to recover back the amount refunded to it.2. By the judgment dated 25-10-1992 in Writ Petition No.4637 of 1978, this Court directed the refund of excise duty to the predecessor of the petitioner-Company within three months after due determination of the quantum thereof. The refund was ordered on the ground that excess payment was made on a wrong classification. The Union of India went in appeal to the Supreme Court. During the pendency of the appeal, an amount of Rs.18,49,568/- representing excise duty paid between 1-4-1972 and 3-11-1976 was refunded. The Supreme Court, following the view taken in Mafatlal Industries v. Union of I...
Ch. Nagender Vs. Registrar (Management), High Court of A.P. and Anothe ...
Court: Andhra Pradesh
Decided on: Jul-30-1999
Reported in: 1999(5)ALD201; 1999(5)ALT7; (2000)ILLJ671AP
ORDERP. Venkatarama Reddi, J 1. The order dated 5-11-1994 passed by the District Judge, Medak reverting the petitioner to the lower post of Copyist by way of punishment and the order of the High Court dated 29-6-1995 rejecting the petitioner's appeal, are being questioned in this writ petition.2. On the basis of the complaint given by one H.K. Vengal Rao who filed a case in the District Consumer Forum to which the petitioner was attached as Bench Clerk at the relevant point of time, the following five charges are framed.'1. That while working as LDC in District and Sessions Court, Medak at Sangareddy and as Bench Clerk, District Consumer Forum on 21-8-1991 you have demanded a sum of Rs.30/- from Sri H.K. Vengal Rao of Korvipalli (v). 2. You have received a sum of Rs.10/-from Sri H.K. Vengal Rao of Korvipalli (v) as illegal gratification for'registering and sending notices to him for appearancewith regard to the case filed by him on 21-8-1991. 3. That you have not caused actually notice...
Syed Abdul Kareem Vs. District Judge, Guntur
Court: Andhra Pradesh
Decided on: Jul-30-1999
Reported in: 1999(5)ALD231; 1999(5)ALT305
ORDERT. Ch. Surya Rao, J.1. The petitioner seeks in this writ petition a direction in the nature of mandamus directing the respondent to appoint him as Process-Server in the existing vacancies in the unit of the District Judge, Guntur, by declaring the inaction of the respondent in not appointing the petitioner as Process-Server in the existing vacancies, as arbitrary and discriminatory.2. According to the petitioner, he applied for the post of Process-Server in the year 1996 when notified by the respondent, and in the selection process he passed the written test and he was called for the interview and in the merit list prepared ultimately, he was No.4, which list was approved by the High Court in the month of December, 1997. It is his further case that three vacancies pertaining to OC category having been filled up from the merit list he is No.1 in the waiting list. The petitioner further claims that he possessed driving licence for driving the heavy goods vehicle and proficiency cert...
P.R. Naidu, Vice-chancellor, Sri Krishna Devaraya University and anr. ...
Court: Andhra Pradesh
Decided on: Jul-30-1999
Reported in: 1999(4)ALT434
ORDERB. Subhashan Reddy, J.1. This L.P.A. is directed against the order dated 29-1-1998 passed by a learned single Judge in Contempt Case No. 1387 of 1996. The said contempt case arose out of an order passed in W.P. No. 7664 of 1994. By the order dated 11-8-1994 passed in the said writ petition, this Court directed to consider the case of the respondent for according approval to the Resolution passed by the Board of Management on 8-9-1992 to appoint the petitioner as a Lecturer in Political Sciences on compassionate grounds. A time of two months from the date of the receipt of a copy of the said order was stipulated.2. It may be necessary to state few facts. Father of the respondent, namely, Venkat Reddy, was a Professor in the discipline of Chemistry in Srikrishna Devaraya University at Anantapur. While in service, he died on 21-5-1990 and the respondent had sought for appointment as Teaching Assistant. But, he was appointed as a Junior Assistant on a regular scale of pay as per G.O. ...
S. Prakash and Another Vs. Managing Director, Apsrtc, Musheerabad and ...
Court: Andhra Pradesh
Decided on: Jul-29-1999
Reported in: 2000(1)ALD151
ORDERGoda Raghuram, J 1. This appeal is directed against the judgment of the learned single Judge dated 20-10-1997 in Writ Petition No.1786 of 1997, dismissing the writ petition. The appellants filed the writ petition assailing the proceedings of the Personnel Officer, Andhra Pradesh State Road Transport Corporation, Rangareddy Region, (3rd respondent herein), dated 21-12-1996 and the non-review of their seniority giving them the benefit of regularisation of their services from the date of their initial appointment. By proceedings dated 27-4-1976 the appellants herein were appointed as temporary Conductors on contract basis upto 31-7-1976, though on scale of pay, along with certain others. By subsequent proceedings dated 8-10-1977 the appellants along with others were appointed under Regulation 17 of the Andhra Pradesh State Road Transport Corporation Employees (Recruitment) Regulation, 1966, with effect from 1-10-1977 on scale of pay with usual allowances. It was pleaded in the writ p...
Choutuppal Handloom Weaver's Co-op. Society Ltd., Nalgonda Dist. and O ...
Court: Andhra Pradesh
Decided on: Jul-29-1999
Reported in: 1999(5)ALD146; 1999(5)ALT576
ORDER1. The Choutuppal Handloom Weaver's Co-operative Society Limited and its Managing Committee members have filed this writ petition assailing the order of R1 appointing R3 as an Enquiry Officer by proceedings dated 20-12-1993 to enquire under the provisions of Section 51 of A.P. Co-operative Societies Act, 1964 (for short Act), into the working, constitution and finances of the Society. Various allegations of malfeasance of law, the enquiry having been initiated consequent upon dictation by an extraneous person viz., a local M.L.A., procedural irregularities such as inadequacy of notice and opportunity and the like, have been alleged assailing the initiation of inquiry. In the view that this Court is taking it is not necessary to adjudicate upon all the said contentions.2. The strength of the Managing Committee of the petitioner-Society (13) and the Managing Committee was elected in January, 1992 for a period of three years, while so a complaint has been received by R!, the Commissi...
Ch. Srinivasa Rao Vs. Government of A.P. and Others
Court: Andhra Pradesh
Decided on: Jul-29-1999
Reported in: 1999(5)ALD142; 1999(5)ALT353
ORDER1. The petitioner worked as NMR employee in the Irrigation Department, Bobbili Mandal, Vizianagaram District and completed five years of service. Therefore, he filed a Writ Petition No. 18852/97 praying for a direction to the respondents, namely the Superintending Engineer, Executive Engineer and Assistant Executive Engineer, to regularise his services in the work charged establishment as per G.O. Ms. No.143 Irrigation (Ser.V) Department dated 16-3-1984 and also in accordance with G.O. Ms. No.212, dated 22-4-1994. This Court by order dated 22-8-1997 disposed of that writ petition directing the respondents to consider the case of the petitioner in accordance with two G.Os. mentioned hereinabove. When the same was not complied with, the petitioner approached this Court and filed Contempt Case No.40/98, which was closed. The reason for closing the Contempt Case is that by the time the Contempt Case was taken up consideration by this Court, respondents passed the order in Memo No.1824...
Agasti Karuna and Another Vs. Cherukuri Krishnaiah and Others
Court: Andhra Pradesh
Decided on: Jul-29-1999
Reported in: 1999(5)ALD387; 1999(5)ALT494
1. Unsuccessful plaintiffs in the suit are the appellants herein. O.S.No.3 of 1977 on the file of the Subordinate Judge, Baptala was filed by the plaintiffs for partition of item Nos.2 and 4 of the plaint 'A' schedule in to four equal shares and to allot one such share to each of the two plaintiffs and for delivery of separate possession and also for declaration that the plaintiffs are successors in respect of Item No.1 of plaint 'A' schedule and that they are entitled to 1/3rd share in the plaint 'A' schedule properties.2. For the sake of convenience the parties in this appeal would be referred to in accordance with their ranking in the suit.3. The plaint averments in brief are as set out hereunder: - Plaintiffs 1 and 2claim themselves to be the daughters of late Pandalaneni Hanumantha Rao, hereinafter referred to as 'Hanumantha Rao' for the sake of convenience. Defendant No.3 is the son and defendant No.4 is the wife of late Hanumantha Rao, Late Hanumantha Rao was having plaint 'A' s...
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