Andhra Pradesh Court July 1999 Judgments
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The Depot Manager, Apsrtc Vs. Gurrupu Ankjamma
Court: Andhra Pradesh
Decided on: Jul-06-1999
Reported in: 2(2000)ACC330
A. Gopal Reddy, J.1. This appeal is filed questioning the order passed by the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Warangal in W.C. 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 ...
G. Sattaiah Vs. Vice-chairman and Managing Director, Apsrtc, Hyderabad ...
Court: Andhra Pradesh
Decided on: Jul-05-1999
Reported in: 1999(4)ALD100; 1999(4)ALT103
ORDER1. A very stale matter has been brought before the Court by way of this writ petition after a lapse of more than six (6) long years. Let me first state the facts pleaded by the petitioner in brief as under:In the year 1990, the predecessor-in-office of the 3rd respondent requested the Employment Exchange to sponsor the names of eligible persons for appointment to the post of Conductors on daily-wage basis. Accordingly, the Employment Exchange sponsored the name of the petitioner. The petitioner was directed by the predecessor of the 3rd respondent to make an application for the post of Conductor on daily wage basis. The application was accordingly submitted by the petitioner. The petitioner was selected for the post on 20-9-1990. The petitioner was deputed to undergo training for a period of two months. The petitioner completed the training and he was appointed as Conductor on daily wage basis and posted to work as Probation Conductor for one month at Barkatpura Depot during Augus...
T. Gaya Prasad Vs. Managing Director, Andhra Pradesh State Housing Cor ...
Court: Andhra Pradesh
Decided on: Jul-05-1999
Reported in: 1999(4)ALD102
ORDER1. The petitioner-delinquent complaining that though the 1st respondent placed the petitioner under suspension in contemplation of a departmental enquiry by the proceedings dated 6-7-1997, till date no charge-memo is issued to the petitioner nor the petitioner is paid subsistence allowance in terms of Regulations, has filed this writ petition seeking intervention of the Court. It is quite often emphasized by the Courts that when the Disciplinary Authority thinks it appropriate to place an employee under suspension in contemplation or pending departmental enquiry, the disciplinary authority is expected to conduct, complete enquiry with promptitude and diligence and it cannot take its own sweet time. This is a worst case inasmuch as even Charge-memo is not yet issued to the petitioner. Similarly, if the allegation of the petitioner that he is not paid subsistence allowance is correct, then again, the refusal of the disciplinary authority to pay subsistence allowance will be a very s...
V. Narsimha Babu Vs. Govt. of A.P. and Others
Court: Andhra Pradesh
Decided on: Jul-05-1999
Reported in: 1999(4)ALD331; 1999(4)ALT688
ORDERB. Subhashan Reddv, J 1. Thiswrit petition raises an important question regarding the application of Section 5 of the Indian Limitation Act, 1963, for condoning the delay in filing review application before the Administrative Tribunals constituted under the Adminislrative Tribunals Act, 1985.2. The petitioner had earlier filed RP Nos. 11143 to 11147 of 1989, but the same were dismissed on 26-10-1995. A review petition was filed, but there was a delay of 319 days. By order dated 21-7-1998 passed by A.P. Administrative Tribunal in M.A. No.380/97 and related SRs it was held that review application was time barred and that the Supreme Court in one of the decisions held that the Tribunal has no authority to relax the time prescribed under the Rules. No Supreme Court judgment was referred to, but it is very vaguely stated:'The Supreme Court in one of the decisions held that the Tribunal had no authority to relax the time prescribed under the Rules.'3. In all fairness, the Tribunal ought...
Chennawar and Company and Others Vs. R. Madhusudan Rao
Court: Andhra Pradesh
Decided on: Jul-05-1999
Reported in: 1999(5)ALD1; 1999(4)ALT572
ORDER1. Heard the learned Counsel on both sides.2. This is a revision filed by the tenants questioning the orders of eviction passed against them by the two Courts below concurrently under the provisions of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (in short 'the Act').3. The respondent/landlord is an advocate practising in City Civil Court at Secunderabad. The suit premises is a non-residential building wherein the petitioners are carrying on wholesale business in textiles. The premises consists of two rooms, one on the ground floor and the other on the first floor, located in a busy commercial area known as Tobacco Bazaar in Secunderabad. The rent payable is Rs.400/- per month. The respondent/land-lord filed the eviction petition on the sole ground that he requires the suit premises for his personal use, that is, for the purpose of carrying on his profession. It is his case that presently he is running his office in a rented premises in R.P. Road, Secunderabad, ...
Gowthami Co-op. Junior College, Gannavaram Vs. Commissioner and Secret ...
Court: Andhra Pradesh
Decided on: Jul-05-1999
Reported in: 1999(4)ALD362; 1999(4)ALT437
ORDER1. Aggrieved by the proceedings in Re. No.86/E3-l/89-90, dated 25-5-1999 issued by the respondent-Commissioner and Secretary, Board of Intermediate Education, whereundcr the recognition/affiliation granted to the petitioner-College was disaffitiated under Rule 14(3) as per G.O. Ms. No.29-Education (Rules) dated 5-2-1987 from the academic year 1998-99 and directed the petitioner not to admit any students from the academic year 1999-2000, the present writ petition is filed.2. The Counsel for the petitioner strenuously contended that the respondent has no power to cancel the recognition/ permission granted to the petitioner-College, more so under Rule 14(3) of the Andhra Pradesh Educational Institutions (Establishment, Recognition, Administration and Control of Institutions of Higher Education) Rules, 1987 issued under G.O. Ms. No.29, Education (Rules), dated 5-2-1987, as the College was started in Co-operative Sector and the rules applicable lo these Colleges are governed by G.O. Ms...
Kasireddy Ramayamma Vs. Kasireddy Rama Rao
Court: Andhra Pradesh
Decided on: Jul-05-1999
Reported in: 1999(4)ALD491; 1999(4)ALT118
1. This appeal is filed by the defendant against the judgment and decree in OS No.27 of 1980 dated 6-11-1982 on the file of the Subordinate Judge at Chodavaram by which the suit filed by the respondent-plaintiff seeking partition of Lot I of the plaint schedule properties into two equal shares and allotment and delivery of one such share to him was decreed.2. For the sake of convenience, the parties will be referred to as they are arrayed in the suit.3. The plaintiff laid the claim on the allegation that the suit properties were owned by late Isamsetty Pothu Naidu, his maternal grand-father. The plaintiff is the son of the defendant. The defendant being the sole issue, Poihu Naidu executed a settlement deed on 24-9-1976 in Ex.A1conferring the suit properties with absolute rights on the plaintiff and after his (Pothu Naidu's) death, the defendant to have life interest. Therefore, the plaintiff and the defendant viz., the mother and son should enjoy the properties jointly. Pothu Naidu di...
Chilakapati Srinivasa Rao and Others Vs. Taneti Nallayya and Others
Court: Andhra Pradesh
Decided on: Jul-05-1999
Reported in: 1999(5)ALD337
1. These two appeals arise out of the common judgment in OS Nos.4 and 5 of 1980 dated 29th March, 1985 on the file of the Subordinate Judge, Bhimavaram. O.S.No.4 of 1980 was originally filed by Kusuma Krishnaiah against Chilakapati Gangamma, seeking partition of the schedule properties into two equal shares. Pending the suit, both the plaintiff and defendant died and the appellant was brought on record as the legal representative of the defendant and the respondents I to 3 as the legal representatives of the plaintiff. Similarly, O.S.No.5 of 1980 was filed by Chilakapati Gangamma against Kusuma Krishnaiah seeking a declaration of her right and for recovery of possession of the suit land. On the similar lines as in O.S.No.4 of 1980, the parties having died, the legal representatives were brought on record.2, The claim of the plaintiff in OSNo.4 of 1980 is that the plaint schedule properties belonged to late Chilakapati Surayya, S/o Swamy, who executed a registered will deed dated 6-4-19...
Union of India (Uoi), Rep. by General Manager, S.C. Rly. and ors. Vs ...
Court: Andhra Pradesh
Decided on: Jul-05-1999
Reported in: 2000(2)ALT248
ORDERC.V.N. Sastri, J.1. The only question which arises in this Civil Revision Petition relates to the power of Arbitrator to grant interest on the amounts found to be due to the contractor.2. It is the contention of the learned Counsel appearing for the petitioner/ Railway that the Clause 16(2) of the Standard General Conditions of contract prohibits the grant of interest upon the earnest money or the security deposit and the amounts payable to the contractor under the contract and as such, the Arbitrator acted illegally and without jurisdiction in awarding the interest at 18% per annum from the date of Award till the award is made Rule of the Court on the various amounts found due and payable to the contractor. In support of his contention, the learned Counsel for the petitioners sought to place reliance on the judgment of the Supreme Court in Grid Corporation of Orissa Limited and Anr. v. Balasore Technical School, 1999 (3) Supreme 317 In the said judgment it has been held that;'Exc...
Peethal Srinivasa Rao Vs. Kusuma Peddi Raju and ors.
Court: Andhra Pradesh
Decided on: Jul-05-1999
Reported in: II(1999)DMC762
B. Prakash Rao, J.1. These two appeals arise out of the common judgment inO.S. Nos. 4 and 5 of 1980 dated 29th March, 1985 on the file of the Subordinate Judge,Bhimavaram. O.S. No. 4 of 1980 was originally filed by Kusuma Krishnaiah againstChilakapati Gangamma, seeking partition of the schedule properties into two equalshares. Pending the suit, both the plaintiff and defendant died and the appellant wasbrought on record as the legal representative of the defendant and the respondents1 to 3 as the legal representatives of the plaintiff. Similarly, O.S. No. 5 of 1980 wasfiled by Chilakapati Gangamma against Kusuma Krishnaiah seeking a declarationof her right and for recovery of possession of the suit land. On the similar lines asin O.S. No. 4 of 1980, the parties having died, the legal representatives were broughton record.2. The claim of the plaintiff in O.S. No. 4 of 1980 is that the plaint scheduleproperties belonged to late Chilakapati Surayya, s/o Swamy, who executed aregistered Wil...
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