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Andhra Pradesh Court September 1999 Judgments

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Sep 14 1999

B.K. Parthasarathi Vs. Government of A.P. and Others

Court: Andhra Pradesh

Decided on: Sep-14-1999

Reported in: 2000(1)ALD199; 1999(5)ALT715

ORDERMotilal B. Naik, J.1. An important question of law as to the constitutional validity of Section 19(3) of the Andhra Pradesh Panchayat Raj Act, 1994 is raised in these writ petitions.2. In all these three writ petitions, the individual petitioner is either an elected Chairman or some other office bearer of one of the local bodies created under the Andhra Pradesh Panchayat Raj Act, 1994.3. For the purpose of convenience, few facts relating to each of these three writ petitions are traced as under:In Writ Petition No. 19068 of 1997, the petitioner is the Chairman of Anantapur Zilla Parishad. He was initially elected as ZPTC member from Roddam Territorial Constituency of Anantapur District and subsequently he was elected as Chairman of Zilla Parishad, Anantapur on 20-3-1995. By the time he choose to contest the elections for the office of ZPTC member, he had four children. However, after being elected as Chairman, Zilla Parishad, Anantapur, a female child was born to him on 28-4-1997 ...


Sep 14 1999

R. Eswar Reddy Civil and Electrical Contractor Vs. Chief Engineer (Tra ...

Court: Andhra Pradesh

Decided on: Sep-14-1999

Reported in: 1999(5)ALD582

ORDER1. Heard the learned Counsel for the parties. On 16-10-1998 a notification was issued by the respondent for calling Tenders under Andhra Pradesh Power Sector Reconstructuring Project funded by the World Bank loan. Tenders were Invited for erection of 132 KV lines at various placesas per the notification. In pursuance of the said notification, the petitioner claims to have submitted his Tender against package No.WB/APSEB/TR/RS-22 lot No.4 for erection of 132 KV.DC line. It is contended that the petitioner fulfilled the necessary requirement under the Tender specification. His bid was for Rs.39,09,310/- (Rupees thirty nine lakhs nine thousand and ten only). The bids were opened on 26-12-1998 and it was found that the petitioner's bid was the lowest one. As the respondent could not complete formalities of allotment of work, the bidders were requested to extend the validity of their bids. This was done. The validity of the bids was extended by the petitioner upto 28-5-1999.2. The peti...


Sep 14 1999

Chivukula Ranjith Kumar and Others Vs. Santhilal Nemichand and Another

Court: Andhra Pradesh

Decided on: Sep-14-1999

Reported in: AIR2000AP113; 1999(6)ALT481

1. Important issues that arise for consideration in these revisions are (a) The scope and purport of Section 47 of CPC (b) in cases of bank deposits consequent on the realisation of amount in Court auction; whether the decree holder is entitled for the proportionate bank interest accrued on such deposit or the amount calculated in accordance with the decree.2. The CRP No.792 of 1993 is directed against the orders passed by the learned I Additional District Munsif, Ongole, in EA No.1020 of 1992 in EP No.425 of 1980 in OS No.135 of 1975, dated 16-2-1993.3. The petitioners herein are the LRs. of judgment debtor No.3 in the Execution Petition. They filed an application in EA No.1020 of 1992 for releasing a cheque in favour of the 4th petitioner for a sum of Rs. 1,44,135-30 ps. Certain relevant facts leading to the filing of the revision petition arc set out herein.4. Suit in OS No.135 of 1975 was filed by the plaintiff for recovery of certain sums. In the said suit, the 3rd judgment debtor...


Sep 14 1999

New India Assurance Co., Ltd Vs. Vanapalli Suribabu and Others

Court: Andhra Pradesh

Decided on: Sep-14-1999

Reported in: 2001ACJ1250; 1999(6)ALD434

1. The New India Assurance Company Limited, Divisional Office, Visakhapatnam is the appellant herein, which was directed against the judgment and decree dated 17-5-1993 in OP No.350 of 1990 on the file of the Chairman (III Addl.Dist. Judge), Motor Accident Claims Tribunal, Visakhapatnam, wherein the Tribunal has awarded an amount of Rs.1,03,960/- for the untimely death of the wife of the first claimant, who was aged about 39 years at the time of occurrance of the accident and she was a cootie by profession earning Rs.600/- per month. The grounds urged in this appeal are that the Tribunal below should have held that the vehicle involved in the accident was being driven by the first respondent Kakara Apparao, who was not having driving licence, and caused the accident in which the wife of the first claimant died and therefore, the second respondent-owner of the vehicle has violated the terms and conditions of the insurance policy covering the said crime vehicle and as such the company-ap...


Sep 13 1999

Manthani Kittamma Vs. Tippireddy Veera Reddy and Others

Court: Andhra Pradesh

Decided on: Sep-13-1999

Reported in: 2001ACJ2030; 1999(6)ALD738

1. This appeal was filed by Manthani Kittamma the wife of thedeceased Manthani Shanker, against the judgment and decree dated 27-12-1994 in OP No.152 of 1994 on the file of the Chairman (I Additional District Judge), Motor Accident Claims Tribunal, Karimnagar, for enhancement of compensation, for the untimely death of the deceased in a motor vehicle accident that was occurred on 12-12-1993 at about 10-00 a.m. when the deceased was working in Kallam of Manthani Rajaiah for thrashing the paddy crop the first respondent being driver of the tractor bearing No.AIF-693 engaged by the said Rajaiah, drove it in a rash and negligent manner and it gave jerks and the gears of the tractor failed and it fell on the deceased, as a result of which he sustained injuries and succumbed to the same. Therefore, the widow claimed an amount of Rs.2,00,000/- by way of compensation for the untimely death of the deceased.2. The claim was resisted by the respondents 1 and 2, owner of the vehicle and the Insuran...


Sep 13 1999

M. Bucha Reddy Vs. V. Bhagyamma and Others

Court: Andhra Pradesh

Decided on: Sep-13-1999

Reported in: 1999(6)ALD581; 1999(6)ALT66

ORDERV.V.S. Rao, J 1. This writ appeal is filed by the unsuccessful 6th respondent. The parties are referred to by their rank in the impugned judgment.2. The controversy arises from the following facts which are taken from the necessary documents and the judgment of the learned single Judge: The petitioner was working as Head Mistress of the 5th respondent School. She was initially appointed to the post of Secondary Grade Teacher (SGT) on 1-7-1982 and the said post has been admitted to grant-in-aid w.e.f. 1-1-1982 and the said post has been admitted to grant-in-aid w.e.f. 1-1-1984. She was promoted as School Assistant with effect from 1-1-1985 in unaided post. In the mean while, the Government of Andhra Pradesh-1st respondent issued orders in G.O. Ms. No.326, Education, dated 17-10-1989 sanctioning grant-in-aid to the post of SchoolAssistant w.e.f. 1-11-1989. This order does not say whether the post of School Assistant in Mathematics or the post of School Assistant in Science that was ...


Sep 10 1999

G. Gruhalakshmi Vs. Director of Sugar Special Commissioner of Sugar, H ...

Court: Andhra Pradesh

Decided on: Sep-10-1999

Reported in: 2000(3)ALD22; 2000(3)ALT485

ORDER1. This writ petition is filed seeking a direction to the respondents to regularise the services of the petitioner as a telephone operator in respondent 2 Organisation.2. The petitioner contends that respondent 2 is a Federation of Co-operative Sugar Factories operating within the State of A.P. and that it is a Co-operative Society registered under A.P. Co-operative Societies Act, 1964. It is further averred that respondent 1, Director of Sugar/ Special Commissioner of Sugar, Hyderabad exercises general supervision over various Co-operative Sugar Factories in the State including respondent 2 and further that as on the date of the institution of the writpetition respondent 1 is also the official person incharge of respondent 2 having been appointed as such under Section 32(7) of the A.P. Co-operative Societies Act, 1964. According to the petitioner she was appointed as a telephone operator on daily wages on 30-9-1990 on at wage of Rs.30 per day. No order of appointment has admitted...


Sep 10 1999

Yaturi Constructions Limited Vs. Commissioner of Tenders, Brkr Bhavan, ...

Court: Andhra Pradesh

Decided on: Sep-10-1999

Reported in: 1999(5)ALD559; 1999(5)ALT393

1. The petitioner is registered as a Special Class contractor. According to the petitioner, the petitioner has been executing works in Andhra Pradesh, Maharastra, Madhya Pradesh. It has also worked for Indian Railways, and Konkan Railway Corporation. According to the petitioner, the petitioner has vast experience in execution of civil works and has a reputation of performing the works without complaints. The third respondent issued a tender notice on 14th August, 1998 inviting tenders from eligible contractors for execution of packages of works L3-01 (B1) and L3-01(B2). The estimated value of the work was Rs.143 and 109 millions respectively for each package. The bids were to be submitted upto 14th October, 1998 and opening of the bids was fixed on the same day at 15.30 hours. Five contractors filed their tenders for the work package L3-01(B2) and four contractors filed their tenders for L3-01(B2). According to the petitioner, his tender was the lowest for both the works at 14.619% ove...


Sep 10 1999

S. Shivaraj Reddy Vs. Engineer-in-chief, (Randb) Administration and Ex ...

Court: Andhra Pradesh

Decided on: Sep-10-1999

Reported in: 1999(6)ALD42; 1999(6)ALT517

1. Heard Sri M. Chandra Sekhar Reddy, learned Counsel for the petitioner and Sri D. Prakash Reddy, learned Additional Advocate General appearing for the 1st respondent and Sri T. Jagdish, learned Counsel appearing for the 2nd respondent. At the request of all the Counsel, the writ petition is taken up for final hearing at the interlocutory stage.2. The writ petition is filed to issue of writ of mandamus declaring clause 4.5.A of Section 1: Instructions to Bidders of the bid document relating to the work 'Heavy periodic maintenance and making up of deficiencies of intermediate Ring road from KM 1/700 to KM 11/000' in package No.RBERP-IRR.a-33 of the bid notice No.2/ NCB/APERP dated 27-11-1998 issued by the Engineer-in-Chief (R&B;), Administration and Externally Aided Projects, Erramanzil, Hyderabad, which specifies that the bidder should have achieved the minimum financial turnover in any one financial year in the last five financial years i.e., from 1993-94 to 1997-98 as illegal and ar...


Sep 10 1999

A. Anand Rao Vs. Union of India and Others

Court: Andhra Pradesh

Decided on: Sep-10-1999

Reported in: 1999(6)ALD118; 1999(5)ALT783

1. This is an application under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator for resolving the disputes between the parties to the application.2. The admitted facts of the case, in short, are that on 20-12-1996, the petitioner was entrusted with the work of urgently repairing the leaky roofs, ceilings, flooring in old CK. and file colony. The value of the contract was Rs.3,08,762/-. The stipulated date of completion of the contract was 12-4-1997. On 24-2-1997, the Senior DEN/Central/HYB had written to Senior DAO/HYB that during the actual execution of the work, it has been necessitated to operate certain increased quantities of existing SSR items and additional SSR Items and also non/less operation of certain items as per the requirement at site, showing a saving of Rs, 1,07,306/- due to the reduction of work of fixing A.C. plain sheets in the ceiling as also due to the reduction of flooring repairing works. As against the savings, he propos...


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