Andhra Pradesh Court July 1999 Judgments

K.S.R. Prasada Rao Vs. Gadey Murali Krishna and Another

Court: Andhra Pradesh

Reported in: 1999(4)ALD277; 1999(2)ALT(Cri)125; [1999]97CompCas881(AP)

ORDER1. This petition has been filed for quashing the proceedings in CC No.67 of 1998 on the file of the II Addl. Judicial First Class Magistrate, Tanuku.2. It is stated that the petitioner herein is an accused in a complaint case filed by the respondent No.l herein for an offence punishable under Section 138 of the Negotiable Instruments Act. The complaint proceeds on the basis that the petitioner herein issued a cheque in respect of consideration received by him which when presented to the Bank concerned was dishonoured on the ground of insufficiency of funds available in the petitioner's account.3. The learned Counsel for the petitioner seeks to quash these proceedings on two grounds. Firstly, it is stated that the cheque in question was not voluntarily signed by the petitioner and that the signature was obtained on it by coercion. Secondly, it is contended that the cheque was presented to the Bank after the petilioner issued a notice to the respondent herein to return the cheque fo...

Secretary, Department of Finance, (Randi), Govt. of India and anr. Vs. ...

Court: Andhra Pradesh

Reported in: 1999(5)ALD148; 1999(5)ALT225

1. The defendants are the appellants. O.S.No.130 of 1980 on the file of the Subordinate Judge, Guntur was filed by the plaintiff seeking a declaration thatthe order in Revision of the 1st defendant dated 14-6-1978 confirming the levying of duty of Rs.34,200/- is illegal and for refund of Rs.1,750/- to the plaintiff being the penalties collected from the plaintiff. For the sake of convenience the parties will be referred to in this appeal as per their status in the suit.2. The plaint averments are set out as hereunder: The plaintiff is a company carrying on business in tobocco under a valid central excise licence obtained by the plaintiff. On 6-5-1972 one Ryot Grower Inturi Venkateswarlu of Suravarapalli near Chilakaluripet, Guntur District, sent 38 packages of tobacco scrap weighing 3,359 Kgs. under cover of his T.P. 3 No.307456 dated 5-5-1972 and a second consignment of 14 packages of tobacco V.F.C Leaf weighing 1,049 Kgs., was sent by one Gokanakonda Ramalingaswamy of Ramakur of Adda...

A.P.S.R.T.C. Vs. Eswara Dass and Others

Court: Andhra Pradesh

Reported in: 1999(5)ALD426; 1999(6)ALT701; (2000)ILLJ665AP

ORDERM.S. Liberhan, CJ.1. It is a glaring case of an unfair labour practice by an expected to be an ideal employer representing the State i.e., an instrumentality of the State which is duty bound, under the Constitution of India, to provide social justice, fair and humane conditions for working and not to evolve technicalities to evade its duties towards the citizens, enjoined by the law and the Constitution.2. The 1st respondents was employed as far back as on 1-11-1987 as a sweeper and washerman for the purpose of cleaning the buses. The appellants, for reasons best known to them, wanted to draw a curtain between the relationship of employer and employee by invoking and articulating the terminology of contract labour which is not applicable to the appellants and which is, rather we may hasten to add, is prohibited. The 1st respondent's services were terminated orally on 16-8-1988 contrary to the provisions of the Industrial Disputes Act, 1947. The poor worker was forced to seek appro...

G.A. Sarma Vs. Syndicate Bank and anr.

Court: Andhra Pradesh

Reported in: 1999(4)ALT146; (2001)IIILLJ1114AP

ORDERS.R. Nayak, J.1. The petitioner while serving as Branch Manager at Banaganapalli and at Proddatur, a charge memo was issued to him on December 21, 1984 alleging certain misconduct against him under the Bank's Conduct Regulations. The management, after holding departmental enquiry, removed the petitioner from the service as a disciplinary measure with effect from January 4, 1986. Aggrieved by the said disciplinary action, the petitioner filed Writ Petition No. 16692 of 1986 in this Court. The learned single Judge of this Court after appreciation of evidence on record came to the conclusion that the findings recorded by the enquiring authority and accepted by the disciplinary authority are without basis, The learned single Judge also thought that penalty of removal imposed on the petitioner-delinquent was disproportionate to the gravity of misconduct alleged to have been committed by the petitioner-delinquent. In that view of the matter, the learned single Judge disposed of the writ...

United Commercial Bank Body Corporate Per Manager M.V. Ramana Murthi V ...

Court: Andhra Pradesh

Reported in: 1999(5)ALT619

I. Venkatanarayana, J.1. Unsuccessful plaintiff is the appellant herein. The plaintiff-nationalised Bank filed O.S. No. 47/1983 on the file of the Subordinate Judge, at Vizainagaram for recovery of Rs. 39,241-28 Ps. being the agricultural loan. For the sake of convenience, the parties herein will be referred to in accordance with their status in the suit.2. As per the plaint averments, the defendants have borrowed a sum of Rs. 18,050/- and the loan was alleged to have been obtained by defendants 1 to4onexecutingcertaindocuments in favour of the plain tiff. The agricultural loan agreement has been executed by the first defendant for himself and his minor sons i.e., defendants 2 to 4 and in pursuance thereof first defendant executed registered mortgage deed on 20-7-1970 in favour of the plaintiff for the said sum. Defendants 1 to 4 mortgaged the plaint schedule property in favour of plaintiff-Bank and subsequently on 25-7-1970 the plaintiff advanced a sum of Rs. 10,000/- to the first def...

M/S. Janapriya Chit Fund (P) Ltd. Vs. M. Subash Reddy

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

K. Ranga Rao, Member: 1. M/s. Janapriya Chit Fund Private Limited, Khairathabad branch at Hyderabad, the opposite party in O.P. No. 1213/1997 on the file of the Hyderabad District Forum-I preferred this appeal questioning the order dated 22.10.1998 passed therein directing it to pay to the complainant a sum of Rs. 68,026/- with interest @ 12% per annum from 1.2.1997 till the date of payment together with costs of Rs. 2,000/-. 2. The case of the respondent herein who is the complainant before the District Forum is that he joined as a subscriber in the chit series No. JLT B-13 floated by the opposite party (appellant) for a sum of Rs. 2 lakhs spread over for a period of 50 months at the rate of Rs. 4,000/- per month with effect from the month of October, 1994, that when he intended to participate in the auction of the chit the opposite party did not permit him to participate, that surprisingly the opposite party issued a notice stating that his membership was cancelled, that he is entitl...