Andhra Pradesh Court July 1999 Judgments
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United India Assurance Co. Ltd. Vs. Sri Satyanarayana Ghee Trading Co.
Court: Andhra Pradesh
Decided on: Jul-26-1999
Reported in: II(2000)ACC115; 1999(6)ALT502
T. Ch. Surya Rao, J.1. The unsuccessful defendant is the appellant. The respondent herein is the plaintiff. The plaintiff filed the suit for recovery of an amount of Rs. 86,713/0 with subsequent interest and costs being the amount of loss sustained by the plaintiff on account of the fire accident, in which the godown bearing Door No. 15/39 of the plaintiff containing 500 bags of chillies and 588 gunny bags had been damaged, in the fire.2. Briefly stated the facts are that the plaintiff is a registered firm carrying on business in Ghee and red-chillies by exporting the same to different places in the country. The godown bearing Door No. 15/39 situated at Mantralavari Street in Gollaprolu village in East Godavari District was taken on lease by the plaintiff for keeping the stock. The plaintiff had been purchasing the chillies on his own account and also as a commission merchant for other. The stock thus purchased from various ryots upto 5-6-1981 was to the tune of Rs. 66,270/-. On 5-6-19...
V. Rama Murthy and Others Vs. Hindustan Petroleum Corporation, Ltd., B ...
Court: Andhra Pradesh
Decided on: Jul-23-1999
Reported in: 1999(2)ALD394; 1999(2)ALT375
ORDER1. The petitioners who were promoted to the 'A' Grade Officer cadre from Senior 'A' Grade workmen cadre filed this writ petition seeking an appropriate writ, order or direction in the nature of mandamus directing the respondents to extend the benefits under long term settlement or in the alternative to rectify the anamolies in the pay structure between the petitioners and their juniors and for payment of difference in emoluments.2. It emerges from the affidavit of one of the petitioners which is filed in support of the petition that they were in the cadre of Senior 'A' Grade Workmen in the Refinery Division at Visakhapatnam and promoted in November, 1983 to 'A' Grade Officer cadre and their pay was fixed in the scale of Rs. 1050-50-1750/60-2110. There was a long term settlement between the Union of workers and 2nd respondent which was made effective from 1-1 -1984 and the workers were provided with higher basic pay by merger of a portion of D.A. and the basic pay and pay scales we...
Raja Labour Contract Co-operative Society Ltd. and Others Vs. Superint ...
Court: Andhra Pradesh
Decided on: Jul-23-1999
Reported in: 1999(4)ALD108
ORDER1. The petitioners are the Labour Cooperative Societies registered under the provisions of A.P. Co-operative Societies Act, 1964. The members of these societies belong to Scheduled Castes (SCs), Scheduled Tribes (STs) and Vupparas. The Superinlending Engineer, Roads and Buildings Circle, Kakinada, East Godavari District issued the Tender Notification No.S/HD/1999-2000 dated 2-7-1999 calling for sealed tenders for awarding the subject works. The works under Item Nos.1, 7, 11, 14, 26 and 28 are reserved for the SC, ST and Vaddera Vuppara Co-operative Societies. Having regard to this reservation made in favour of the above societies, the petitioners' societies are entitled to apply for the award of the contract in respect of item Nos. 1, 7, 11, 14, 26 and 28 works.2. In this writ petition, the petitioners have tjuestioned the validity of the prescription as regards the furnishing of the proof of liquid assets/credit facility or solvency certificate for the quantum of money prescribed...
Annangi Venkatarathnam Vs. Joint Collector, Nellore and Another
Court: Andhra Pradesh
Decided on: Jul-23-1999
Reported in: 1999(5)ALD6; 1999(4)ALT539
ORDER1. Rule nisi. Learned Government Pleader for Revenue took notice for the respondents. The writ petition was heard finally with the consent of the learned Counsel for the parties.2. The writ petition is directed against the show-cause notice issued under Section 7 of Act 3 of 1905. Assailing the impugned action, the learned Counsel for the petitioner would contend that the subject land is not a Government land and unless the Mandal Revenue Officer, after due application of mind, forms the opinion that the subject land is the Government land, hecannot have the jurisdiction to issue the impugned notice, and there is nothing in the impugned notice to reflect the application of mind on the part of the Mandal Revenue Officer.3. I should state at the threshold that this writ petition is liable to be dismissed in limine having regard to the binding authorities of the Supreme Court and this Court. The Supreme Court in State of Uttar Pradesh v. B.D. Sharma, AIR 1987 SC 947, handed down the ...
Pydah Educational Academy, Visakhapatnam Vs. Govt. of A.P. and anr.
Court: Andhra Pradesh
Decided on: Jul-23-1999
Reported in: 1999(5)ALD115; 1999(4)ALT568
ORDER1. The petitioner is a Society registered under the Soicieties Registration Act, 1860. It claims to have started Pydah College in 1992 with several Courses 'B.Sc., B.Com., B.B.M., M.B.A., M.C.A., M.Sc (Comp), B.Sc., (Special), B.C.A., and Intermediate etc., in Visakhapatnam. The petitioner filed the present writ petition for a writ in the nature of mandamus declaring the action of the respondents in not granting the Essentiality Certificate in favour of the petitioner for running the Degree Course in the Bachelor of Lab Technology and Diploma in Medical Lab Technology as illegal and arbitrary. The petitioner also seeks a consequential direction to the respondents to issue the Essentiality Certificate to them. The Government of Andhra Pradesh represented by Secretary to Government in Education Department is the first respondent. The University of Health Sciences (Now called as N.T.R.University, Health Sciences) represented by its Registrar is the second respondent.2. Briefly stated...
Employees' State Insurance Corporation Vs. Rasu Tools Ltd.
Court: Andhra Pradesh
Decided on: Jul-23-1999
Reported in: 1999(5)ALD303; 1999(5)ALT105; [2000(85)FLR202]; (2000)ILLJ372AP
1. The Employees State Insurance Corporation, is the appellant in the above appeal, which was filed against the judgment of the Employees Insurance Court, Hyderabad dated 31-12-1991 in EI Case No.3 of 1989, under which it held that the petitioner factory M/s. Rasu Tools Limited, Patancheru, is not coverable under the provisions of the Employees State Insurance Act of the period from October, 1986 to October, 1987.2. Mr. Ravindra Reddy, the learned Counsel for the appellant submitted that the factory was covered under the Employees State Insurance Act (for short the Act ) and on the information furnished by the employer on OI Form, that he employed 20 persons in his establishment the said employer never informed about the reduction of number of employees in the factory from October, 1986 to October, 1987, therefore, he is liable to pay the compensation under the Act. Therefore, the order passed by the Employees State Insurance Court (for short the Court) is bad in law. He next contended...
Narendarlal Agarwal Vs. S. Vijay Kumar Alias S. Raj
Court: Andhra Pradesh
Decided on: Jul-23-1999
Reported in: 1999(5)ALD623; 2000(2)ALT51
ORDER1. This Revision Petition is filed against the order dated 19-3-1999 in IA No.719 of 1999 in ASSR No.3299 of 1999 on the file of the Court of the Chief Judge, City Civil Court, Hyderabad.2. The respondent filed IA 719 of 1999, under Section 5 of Limitation Act, to condone the delay of 495 days in preferring the appeal against the decree and judgement in OS 5399 of 1994 on the file of V Assistant Judge, Hyderabad. The Revision Petitioner filed his counter opposing the application. The learned Chief Judge, bythe order under revision allowed the petition and condoned the delay. Aggrieved thereby, the respondent in the said petition preferred this revision.3. The point for consideration is whether the learned Chief Judge acted with material irregularity in condoning the delay caused in preferring the appeal by the respondent.4. The contention of the learned Counsel for the Revision petitioner is that the trial Court mis-construing the order dated 15-2-1999 in CRP No.468 of 1999 passed...
Deputy Registrar Vs. Abdul Raheem and Others
Court: Andhra Pradesh
Decided on: Jul-23-1999
Reported in: 1999(6)ALD303; 1999(6)ALT41
ORDERN.Y. Hanumanthappa, J. 1. WANo.1680 of 1998 is filed by the Government against the judgment in WP No.7814 of 1996 for allowing the same and WA No.1781 of 1998 is filed against the judgment in WP No.2S309 of 1996, by the petitioner therein, for dismissing the same. As a common question of law arises in both the appeals, the same are being disposed of by a common judgment.2. The point for consideration in those writ appeals is, where when a person, officer or servant of a Society is surcharged for his acts, misconduct, misappropriation,negligence or committing shortage of funds, the inquiry conducted as of that person or Officer of the Society on the allegations made so against him are to be placed before the general body meeting for its approval and secondly whether Section 60 of the Andhra Pradesh Co-operative Societies Act, 1964 (hereinafter referred to as 'the Act') contemplates placing such an inquiry report before the general body meeting of the Society is mandatory.3. Accordi...
Govt. of A.P. and Another Vs. Sangaiah and Others
Court: Andhra Pradesh
Decided on: Jul-23-1999
Reported in: 1999(6)ALD419; 1999(5)ALT136
ORDERB. Subhashan Reddy, J 1. At issue, again, is the dispute relating to inter se seniority of direct recruits and promotees in the cadre of Deputy Executive Engineers of Roads and Buildings Department of State of Andhra Pradesh, hereinafter referred to as R&B; Dept., which was carved out of erstwhile Public Works Department (PWD).2. These five writ-petitions are filed questioning the common judgment dated 29-10-1997 rendered by A.P. Administrative Tribunal. The grievance of the petitioners is that the judgment is self-contradictory and runs even contra to the burning issues already resolved by Supreme Court and if the adverse findings are not set aside, the entire adjudication made so far in several cases gets re-opened taking the dispute back to square one.3. While the Government and Engineer-in-Chief are the petitioners in WP No.5834 of 1998, in other writ petitions, the Engineers are the petitioners. The petitioners in WP Nos.23020, 25597 and 27778 of 1998 are the promotee Deputy ...
Sri Raja Labour Contract Co-operative Society Limited and ors. Vs. Sup ...
Court: Andhra Pradesh
Decided on: Jul-23-1999
Reported in: 1999(4)ALT538
ORDERS.R. Nayak, J.1. The petitioners are the Labour Co-operative Societies registered under the provisions of A.P. Co-operative Societies Act, 1964. The members of these societies belong to Scheduled Castes (SCs), Scheduled Tribes (STs) and Vupparas. The Superintending Engineer/Roads and Buildings Circle, Kakinada, East Godavari District issued the Tender Notification No. 5/HD/ 1999-2000 dated 2-7-1999 calling for sealed tenders for awarding the subject works. The works under Item Nos. 1, 7, 11, 14, 26 and 28 are reserved for the SC, ST and Vaddera Vuppara Co-operative Societies. Having regard to this reservation made in favour of the above societies, the petitioners' societies are entitled to apply for the award of the contract in respect of item Nos. 1, 7, 11, 14, 26 and 28 works.2. In this writ petition, the petitioners have questioned the validity of the prescription as regards the furnishing of the proof of liquid assets/credit facility or solvency certificate for the quantum of ...
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