Andhra Pradesh Court July 1999 Judgments
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S. Narayana Vs. Superintending Engineer Irrigation Circle, Guntur and ...
Court: Andhra Pradesh
Decided on: Jul-07-1999
Reported in: 2000(1)ALD326; 2000(2)ALT383
ORDER1. Heard the learned Counsel for the petitioner as well as the Government Pleader appearing for the respondents.Both the Counsel have agreed for final disposal of the writ petition.2. The only grievance of the petitioner is that even before the determination of the contract, inviting the tenders to execute the balance work of improvement for the construction of earthdam of Mopadu Reservoir in Pamuru Mandal, Prakasam district by the Superintending Engineer -1st respondent vide his tender notice No.SE/DB/5/10/1999-2000 dated 30-4-1999 is illegal, arbitrary and consequently to direct the respondents to permit the petitioner to complete the balance work and to pay the amount to the petitioner for the work done.3. It is alleged by the petitioner that the petitioner entered into an agreement vide LS No.15/97/98 dated 24-12-1997 and the value of the agreement is Rs.78,84,954/-and as per the contract, the work bas to be completed within nine months and the stipulated time expired by Septe...
M. Asanaliar Vs. Secretary to Govt., General Administration, Govt. of ...
Court: Andhra Pradesh
Decided on: Jul-07-1999
Reported in: 1999(5)ALD34; 1999(4)ALT467; 2000CriLJ1059
ORDERMotilal B. Naik, J.1. The order of detention issued by the first respondent inproceedings No.77/L&O-II;/A1/99-1, dated 24-2-1999, exercising the powers conferred under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short 'COFEPOSA Act'), through which order the detenu is directed to be kept in the Central Prison, Chenchatguda, Hyderabad, Andhra Pradesh, is questioned on various grounds.2. Few facts in issue are that the petitioner's son Asanaliyar Rafik, hereinafter referred to as the 'detenu' was a passenger from Kuwait to Hyderabad via Ahmadabad in Indian Airlines Flight IC 982 on 5-2-1999. The detenu was intercepted at Hyderabad Air Port by the customs authorities. At Hyderabad Air Port, the detenu though declared in the immigration slip that he is in possession of two baggages, but while passing through the Customs Green channel at the exit gate, he was found carrying only one baggage. On interception by the customs a...
Yandrapalli Krishna Rao and Others Vs. Govt. of Andhra Pradesh and Oth ...
Court: Andhra Pradesh
Decided on: Jul-07-1999
Reported in: 1999(4)ALD478; 1999(4)ALT541
ORDER1. The nine petitioners filed this petition under Article 226 of the Constitution of India. All of them own small extents of land ranging from Ac.0.02 cents to Ac.0.58 cents. They are all the residents of Pallempalli village, Veerulapadu Mandal, Krishna District, which is famous for its richness. They want this Court to issue a mandamus declaring the alleged action of the respondents, the Government of Andhra Pradesh, the District Collector and the Executive Engineer, Road and Buildings, Vijayawada, in not paying the compensation to the petitioners in respect of acquisition of their lands. According to thepetitioners, which is not substantiated before this Court, the land was occupied by respondents 2 and 3 for laying the road from Pallempalli village to Veerulapadu of Krishna District. Therefore they say that the entire action is violative of their rights under Articles 14, 21 and 300-A of the Constitution of India.2. It is the case of the petitioners that in the year 1984 - abou...
Hafeez Construction Engineers and Contractors Vs. Municipal Commission ...
Court: Andhra Pradesh
Decided on: Jul-07-1999
Reported in: 1999(5)ALD89
ORDER1. The petitioner is a Class I Contractor. He filed this writ petition seekinga declaration that the action of Municipal Commissioner- lst Respondent in allotting the civil works covered by tender notification dated 30-4-1998 on nomination basis without finalising the tenders as illegal and arbitrary.2. The petitioner is mainly concerned with Items 1,3, 4, 6 to 11, 15 to 19,23,24, 28, 29 and 31 to 35 of the tender notification. The case of the petitioner is that the 1st respondent issued tender notification in his proceedings No.DB/1293/4/98-1999 dated 30-4-1998. There are altogether 45 items of works. These works include laying of new roads or improving the existing roads. The last date for submitting tenders is 3.00 p.m. of 18-5-1998. The petitioner submitted his tender for the items mentioned above. According to him, he is the lowest tenderer for the items mentioned above. According to the petitioner, the Municipal Council was to meet on 20-6-1998 to finalise the tenders and al...
O. Laxmireddy Vs. Vadla Veeraiah
Court: Andhra Pradesh
Decided on: Jul-07-1999
Reported in: 1999(5)ALD334; 2000(3)ALT438
ORDER1. This revision petition is filed by the plaintiff being aggrieved by the Order and Decree dated 17-3-1999 in IA No.372 of 1998 in OS No.85 of 1998 on the file of the Principal Junior Civil Judge, Nandikotkur. By the impugned order and decree, the Court below dismissed the I.A. of the plaintiff for attachment before judgment.2. The Court below observed that the defendant is a carpenter and an Agriculturist and the house in question is the onlyresidential house, and the same is not liable for attachment and sale under Section 60(1)(c) of CPC. The Court below relied upon a judgment of this Court reported in C. Ramaiah v. Guravaiah, 1987 (1) APLJ (SNRC) 15.3. Heard the learned Counsel of both sides. The Counsel appearing for the petitioner-plaintiff strenuously contended that the Court below has erred in applying the principles of Section 60(1)(c) CPC to an application now filed by the petitioner-plaintiff for attachment before judgment under Order 38, Rules 1 and 5 CPC.4. He submit...
Indian Immunologicals Employees' Union Vs. Government of India, Minist ...
Court: Andhra Pradesh
Decided on: Jul-06-1999
Reported in: 1999(4)ALD150; 1999(4)ALT521
ORDER1. The petitioner is a Trade Union and in this writ petition it has assailed the validity of the Order of the Government of India dated 16-4-1998 refusing to refer the industrial dispute raised by it for compulsory adjudication before the Industrial Court.2. According to the petitioner's Union, they demanded that the Management should declare 18-1-1996 as the holiday inasmuch as on that date, late N.T. Rama Rao, former Chief Minister of the State died, as a mark of respect to the departed soul and the Management did not accedeto its request. In the circumstances, the petitioner-Trade Union moved the Conciliation Officer viz., the Assistant Labour Commissioner (C)-I, Hyderabad. The Assistant Commissioner of Labour after conciliation of the dispute submitted a failure report to the Government of India. The Government of India by the impugned order refused to refer the Industrial dispute to the Industrial Court for adjudication. The reason given by the Government of India reads as un...
Devalla Venkateshwarlu Vs. State of A.P. and Another
Court: Andhra Pradesh
Decided on: Jul-06-1999
Reported in: 1999(4)ALD329; 1999(2)ALD(Cri)31; 1999(2)ALT(Cri)167; 2000CriLJ798
ORDER1. This Criminal Revision Case has been filed challenging the order of the learned Sessions Judge, Mahila Court, Vijayavvada dated 1-2-1999 in Crl. MP No.21/99 in SC 136 of 1997. The petitioner herein has filed the said Crl. MP No.21/99 for discharging the petitioner-accused on the ground that the said Court had no jurisdiction to try the offences alleged against the petitioner. A charge-sheet made availableby the learned Public Prosecutor during the course of hearing discloses that the petitioner herein has been charged for offences punishable under Sections 354 and 363 of Indian Penal Code. The learned Sessions Judge, Mahila Court dismissed the petitioner holding that it had jurisdiction to try those offences in the facts and circumstances of the case. The said order is now challenged in this Revision.2. The case of the prosecution against the accused-petitioner as revealed by the charge-sheet filed could be stated briefly as follows:It is stated that the accused met the victim ...
Surapaneni Ram Prasad Vs. Govt. of A.P., Home (Courts-c), Hyderabad an ...
Court: Andhra Pradesh
Decided on: Jul-06-1999
Reported in: 1999(4)ALD309; 1999(1)ALD(Cri)663; 1999(2)ALD(Cri)313; 2000CriLJ354
ORDERGoda Raghuram, J1. This appeal is directed against the judgment dated 9-4-1999 dismissing the Writ Petition No.369 of 1997. The writ petitioner is the appellant.2. The appellant was appointed by the proceedings of the State Government dated 29-2-1996 as the Additional Public Prosecutor for the Court of II Addilional District & Sessions Judge-cum-Metropolitan Sessions Judge, Vijayawada, for a period of 3 years. Challenging the said proceedings, an Advocate practising at Vijayawada Bar and the previous incumbent of the post of Addl. Public Prosecutor, filed WP 6353 of 1996. The said writ petition was allowed by the judgment dated ! 8-9-1996 on the ground that the panel has been prepared by (he District Collector, Krishna, in consultation with the Sessions Judge and not with the Metropolitan Sessions Judge, Vijayawada. By the said judgment the existing arrangement was directed to be continued for a period of two months while directing the Government to make appointment in accordance ...
United India Insuance Co. Ltd., Madurai Vs. Gouri Rajubai and Others
Court: Andhra Pradesh
Decided on: Jul-06-1999
Reported in: 2001ACJ281; 1999(5)ALD181; 1999(5)ALT16
1. All these appeals arise out of a motor vehicle accident which occurred on 22-5-1988 at KM stone No.362/6 on Hyderabad to Nagpur road on NationalHighway No.7 (at Sadasivnagar). Several persons were injured and several persons were died due to the said accident. Therefore, the injured persons and the legal representatives of the deceased filed claim petitions before the Motor Accidents Claims Tribunal-cum-District Judge, Nizamabad under Section 110-A of the Motor Vehicles Act against the owner of the lorry and the Insurance Company with which lorry was insured. After enquiry the Tribunal passed common award dated 13-4-1993 in OPNos.163, 164, 187, 188, 192, 256, 257 and 261 of 1998. Aggrieved by the award, the owner of the lorry i.e., M/s. Southern Roadways, represented by its Manager, Vijayawada in OP Nos.261, 192, 187, 256, 257, 164 and 163 of 1988 preferred CMANos.269, 380, 382, 377, 379, 384 and 383 of 1994, and the Insurance Company in OP Nos.261, 256, 164, 163, 257 and 192 of 198...
Depot Manager, Apsrtc, Karimnagar Vs. Gurrapu Anjamma
Court: Andhra Pradesh
Decided on: Jul-06-1999
Reported in: I(2000)ACC648; 2001ACJ1885; 1999(6)ALD101; 1999(5)ALT684
1. This appeal is filed questioning the order passed by the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Warangal in WC No.127 of 1992 dated 6-3-1995, in which he awarded a sum of Rs.82,545/- to the wife of the deceased.2. Brief facts of the case are as follows:Deceased G. Megha Raju was working as a Conductor in the appellant-Corporation, who received personal injuries during the course of his employment resulting in his death. The deceased who was on duty in bus No.AAZ 6567 on his return journey on enroute Arenda to Karimnagar on 3-1-1993, due to bad road conditions, developed chest pain and he was thereafter admitted into a Government Hospital at Peddapally by detaining the bus service at Peddapally and he expired soon after his admission into the hospital for treatment on 3-1-1993. It is further stated that the death was occurred while on duty during the course of the employment in the appellant-corporation. He was not paid any compensation. His wif...
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