Andhra Pradesh Court August 1999 Judgments
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Ch. Bheemaiah and anr. Vs. Divisional Manager, A.P.S.R.T.C and ors.
Court: Andhra Pradesh
Decided on: Aug-17-1999
Reported in: 1999(6)ALT339
ORDERGoda Raghuram, J.1. The petitioners have filed this writ petition seeking a declaration that they are entitled for regular absorption in regular scale of pay based on the dates of their first appointment with effect from the date on which their immediate juniors were absorbed in the said posts with all consequential and incidental benefits. This relief is claimed on the following averments:(a) that the petitioners have passed S.S.C. in 1984 and possess the qualification of I.T.I. (Fitter) acquired in the year 1987 and that they have registered their names in the Employment Exchange;(b) that by proceedings dt. 8-11-1991 of the Divisional Manager, APSRTC, Nalgonda, the petitioners were engaged on daily wage basis as casual cleaners and that they have been continuing as such since then and that they are fully eligible and qualified for absorption as cleaners on regular basis;(c) that persons who were appointed subsequent to the petitioners as cleaners on daily wage basis i.e., appoin...
S. Mahipal Reddy Vs. Secretary, Labour Dept., Govt. of A.P., Hyd. and ...
Court: Andhra Pradesh
Decided on: Aug-16-1999
Reported in: 2000(1)ALD266; 1999(5)ALT777
ORDERM.S. Leberhan, CJ 1. The appellant (hereinafter refereed to as 'the petitioner')was suspended during the pendency of the enquiry. The petitioner challenged the order of suspension inter alia contending (1) that the Andhra Pradesh State Road Transport Corporation (Conduct, Classification and Appeal) Regulations (hereinafter referred to as the 'Regulations') were not published in the Government Gazette in conformity with Section 23 of the General Clauses Act; Consequently, the Regulations having not come into force, the petitioner cannot be suspended under the Regulations; and (2) that the petitioner does not come within the definition of 'employee' and there being no Standing Orders of the Andhra Pradesh State Road Transport Corporation governing workmen, he cannot be suspended. It is only the employees of the Andhra Pradesh State Road Transport Corporation who are covered by the Regulations and not the workmen.2. The learned single Judge found that the previous publication of the ...
Anand Samrat and Company Vs. Income-tax Officer, Hyderabad
Court: Andhra Pradesh
Decided on: Aug-16-1999
Reported in: 1999(5)ALD552; 1999(6)ALT759; [1999]240ITR852(AP)
ORDERP. Venkatarama Reddi, J.1. Questioning the notice dated 30-3-1988 issued by the respondent in purported exercise of power under Section 148 read with Section 147 of the Income Tax Act, the present writ petition was filed in the year 1988. Further proceedings pursuant to the notice were stayed by this Court.2. The undisputed facts are that on 2-7-1982, a search was conducted by the Department. Pursuant to a notice under Section 148, a return was filed in the year 1983-84 showing the income of Rs.2,19,433/-. However, on 27-3-1986, an assessmentorder was passed determining the taxable income as Rs.20.55 lakhs on the basis of the material recovered in the course of search. The appeal filed by the petitioner against the assessment was partly allowed by the Commissioner of Income Tax (Appeals) on 27-3-1986. Thereafter, a second appeal was filed by the assessee seeking further relief. The Tribunal partly allowed the appeal by ordering reduction in the estimate and also allowing deduction...
Sethmal and Company Vs. Sri Laxmi Paradise (Leela Mahal) and Others
Court: Andhra Pradesh
Decided on: Aug-16-1999
Reported in: 1999(5)ALD642; 1999(5)ALT186
1. These two appeals arise out of the judgments and decrees passed by the learned Additional Subordinate Judge, Tirupathi, dated 31-08-1988 passed in OS No. 173 of 1984 and 207 of 1984 respectively.2. One Mr. W.S. Sitaram, the Power of Attorney holder and the agent of the plaintiffs in the above suits filed and prosecuted the suits as against M/s Sri Laxmi Paradise (Leela Mahal), a partnership concern, and its partners the common defendants. The plaintiffs are the money lenders at Madras. The defendants for the purpose of construction of the 1st defendant theatre approached the plaintiffs on 9-11-1981 for a loan at Madras. The plaintiffs ultimately agreed to advance loans on short term basis on Hundis with interest at 2.5% per month as per the custom of lending loans at Madras. The defendantshad borrowed various amounts on various dates under different Hundis. The 2nd defendant on behalf of the firm deposited the title deeds with the plaintiffs and created an equitable mortgage in favo...
Kalla Venu Vs. State
Court: Andhra Pradesh
Decided on: Aug-16-1999
Reported in: 1999(5)ALD764; 1999(2)ALD(Cri)536
1. Appellant is the sole accused. Aggrieved by his conviction and sentence for the offence under Section 304B of IPC to suffer rigorous imprisonment for a period of 10 years passed by the Assistant Sessions Judge, Madanapalle in SC No.135 of 1993 on 18-2-1994, this appeal is preferred.2. The case of the prosecution in brief is as follows:The deceased who is aged about 19 years is daughter of PW1. The appellant/accused is resident of adjacent street in the same locality, and he fell in love with the deceased, which resulted in their marriage, about six months prior to the date of offence against the will and consent of parents of the deceased. While so, the deceased informed her mother (PW1) when they met each other at a 'jatara' that the accused asked her (deceased) to fell in the well and die, so that he can re-marry and get Rs.30,000/- towards dowry. PWFs husband brought the deceased to his house for 'Ashadam'. On 1-7-1990 at about 10-00 AM., the accused and the deceased went to the ...
Employees' State Insurance Corporation Vs. Garden Cafe, Tikka, Nandyal ...
Court: Andhra Pradesh
Decided on: Aug-16-1999
Reported in: 1999(6)ALD606; 2000(2)ALT18; [2000(86)FLR96]; (2000)ILLJ1557AP
1. This appeal was filed against the order dated 28-1-1993 in EI Case No.29 of 1991 on the file of the Employees Insurance Court at Hyderabad allowing the above said case filed by the respondent herein M/s. Garden Cafe, Tikke, Nandyal, disbelieving the report of the Inspector of Employees' State Insurance Corporation, who stated in his evidence that he visited the hotel in question and found the grinder which was being used with the aid of power. The Inspector in his report and also in his evidence stated that he witnessed the electrical grinder was being used at the time of his visit in the hotel in question and he did not state the size of the electrical grinder, which was being used for manufacturing purpose, and whether it was running. As such the lower Court came to the conclusion that the petitioner-hotel is not being run with the aid of electrical grinder and as such the provisions of Employees' State Insurance Act does not attracted. Aggrieved by the abovesaid finding of the lo...
G. Sudhakar and ors. Vs. L.i.C. of India, Divisional Office and ors.
Court: Andhra Pradesh
Decided on: Aug-16-1999
Reported in: 1999(5)ALT91
V.V.S. Rao, J.1. The petitioners are the appellants. Aggrieved by the order of the learned single Judge dated 3-11-1998 in W.P.No. 23458 of 1998, they filed the present writ appeal. In the writ petition they prayed for a writ of mandamus directing the Life Insurance Corporation of India to absorb the petitioners on permanent basis. The learned single Judge relying on the judgments of the Supreme Court, dismissed the writ petition. The learned single Judge also did not feel compelled to give appropriate directions to Life Insurance Corporation of India to regularise the services of the qualified petitioners for appointment of the post, as requested by the learned Standing Counsel for the Corporation.2. All the petitioners have been working in the category of sub-staff either as temporary employees or daily-wage employees for quite some time ranging from 5 to 12 years. They acquired sufficient experience in discharging the duties of sub-staff. According to them, they are qualified and su...
S.P.T.R.M. High School Vs. Director of School Education and Others
Court: Andhra Pradesh
Decided on: Aug-15-1999
Reported in: 1999(5)ALD425
ORDER1. Aggrieved by the inaction on the part of the second respondent in not approving the correspondentship of the petitioner in place of the erstwhile correspondent Sri R.K.R. Byra, who seems to have resigned consequent on his getting a Government job, the present writ petition is filed. 2. The learned Government Pleader on the basis of the institutions submits that the Management of the School did not forward the resolution adopted by the Managing Committee and also in the letter written by the Correspondent, he sought for transfer of correspondentship from the erstwhile Correspondent to him, which is not in accordance with the provisions of the Act. Hence, the request of the petitioner was not considered. 3. I find some force in the contemtion of the learned Government Pleader. Under Section 24 of the Andhra Pradesh Education Act, every institution shall have a Managing Committee to manage the affairs of the school and under Section 24(2) of the Act, the Managing Committee shall n...
K.M.L.N. Mohana Rao Vs. Apseb Hyderabad
Court: Andhra Pradesh
Decided on: Aug-13-1999
Reported in: 2000(1)ALD69
ORDER1. This writ petition is filed initially assailing the orders of the respondents placing the petitioner under suspension dated 30-6-1992. Disciplinary proceedings have taken place, show-cause notice has been issued to the petitioner and the petitioner submitted his explanation thereto. Final orders have been issued by proceedings dated 11-11-1996 visiting the petitioner with the penalty of compulsory retirement from service. By way of amendment to the pleadings and the relief, the order of compulsory retirement dated 11-11-1996 has also been impugned and relief sought for its invalidation.2. An in depth analysis of the disciplinary proceedings and a scrutiny as to the vitality of the proceedings is not warranted in this writ petition in view of the shorter question on the basis of which the issue could be disposed of.3. It is the admitted position on the basis of the pleadings and the submissions made at the bar that the Enquiry Officer found charge Nos.l and 2 not established and...
A. Venkatesham Vs. Apsrtc, Musheerabad, Hyd. and Others
Court: Andhra Pradesh
Decided on: Aug-13-1999
Reported in: 2000(1)ALD645
ORDER1. Heard learned Counsel for the petitioners Sri V. Narasimha Goud and Mrs. Nanda Ramachandra Rao learned Standing Counsel for the respondent Corporation. Both these writ petitions are disposed of by this common order.2. Learned Counsel for the petitioners contends that the petitioners were facing a criminal trial as well as the disciplinary proceedings initiated by the respondent Corporation against them simultaneously. It is the contention of the learned Counsel for the petitioners that the disciplinary proceedings may be stayed in view of the pendency of the criminal trial against the petitioners initiated for the same acts, Learned Counsel for the petitioners very strongly and repeatedly relied on a judgment of Supreme Court in the case of Capt. M. Paul Anthony v. Bharat Gold MinesLimited and another, 1999 LLR SC 499, in support of his contention. I will refer to this case at an appropriate place.3. Admittedly, the petitioners are the employees of the State Road Corporation. I...
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