Andhra Pradesh Court January 2000 Judgments

Venkata Sai Finance and Chits Vs. A. Rajendra Prasad

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. This RP is filed questioning the order of the Nizamabad District Forum in IA No. 53 of 1999 in CD No. 223 of 1998 dated 3.12.1999. That IA was filed by the petitioner in the RP, who was the petitioner in IA No. 53 of 1999 and opposite party in CD No. 223 of 1998, for permitting him to file his counter and contest the CD. The respondent in this RP is the complainant in CD No. 223 of 1998 and respondent in IA No. 53 of 1999. 2. In the affidavit in support of IA No. 53 of 1999 the petitioner sated as follows : That the above case was filed by the respondent/complainant against me. That the above case was posted to for filing counter of me, as I had not filed the counter, this Honble Forum forefeited my right to file the counter and posted the case for filing affidavit of the complainant. That on the said date of hearing I could not file the counter due to out of station and I had not instructed my Counsel to prepare the counter to the above case. That on the...

Divisional Manager, Lic of India and Another Vs. Jalasootram Peddalu a ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Mrs. Mamata Lakshmanna, Member: 1. This appeal is preferred by the opposite parties in C.D. No. 85 of 1997 before West Godavari District Forum far Eluru and the complainant in the CD is respondent before us. In its judgment District Forum asked the appellants to pay to the respondent/complainant, Jalasootram Peddalu Rs. 1,00,000/- with 18% interest from 21.3.1997 and also costs of Rs. 5,000/. The appellants are the Divisional Manager, Rajahmundry and the Branch Manager, Tadepalligudem of Life Insurance Corporation (LIC) of India. 2. The complainants son, Rambabu, took an Endowment Assurance policy, bearing No. 801414457 on 1.7.1994 from LICs Branch office at Kovuru and the complainant was nominee under the policy. Rambabu suddenly died on 21.2.1997 due to some heart disease at Sarada Nursing Home, Bhimavaram. The complainant immediately informed the opposite parties and submitted the necessary documents to the first appellant. After a number of represenations he was informed by the fir...

General Manager, Sales, Fdc Limited, Bombay Vs. Deputy Commissioner of ...

Court: Andhra Pradesh

Reported in: 2000(2)ALD281; 2000(2)ALD281; 2000(3)ALT67; 2000(3)ALT67; [2000(87)FLR293]

ORDER1. An important question that arises for consideration in this writ petition is that whether a medical representative governed by the provisions of The Sales Promotion Employees (Conditions of Service) Act, 1976 (for short 'SPE Act') can approach the competent authority questioning his orders of termination under the provisions of A.P. Shops and Establishments Act, 1988.2. The General Manager, Sales of Fair Deal Corporation Limited, Bombay (hereinafter call as 'FDC Limited') filed this writ petition seeking issuance of writ of certiorari or any direction or order to quash the order of the competent authority-2nd respondent herein passed in SC 1 of 1995 on 24-9-1996 as confirmed by the Appellate Authority-1st respondent herein in SA 4of 1996 dated 31-3-1997 as the same is illegal, inoperative and without jurisdiction.3. The facts are not in dispute. The petitioner-company is involved in production of pharmaceutical products and it is marketing the same through medical representativ...

E. Venkataramana Vs. General Manager, SCR, Sce'bad and others

Court: Andhra Pradesh

Reported in: 2000(3)ALD610; 2000(2)ALT577

ORDERMotilal B. Naik, J. 1. Thepetitioner, who was working as a Chargeman 'B' in the Railways, was found guilty of various charges and was removed from service by an order dated 31-3-1993. His dismissal order was challenged by the petitioner before the Central Administrative Tribunal in OA No.1547 of 1993. The Tribunal went into the entire aspects and found that the order of dismissal is not in accordance with the Rules and set aside the order of dismissal and directed the respondents to reinstate the petitioner with all consequential benefits. The Tribunal further permitted the respondents to hold further enquiry, if they desires. Pursuant to the order of the Tribunal, the petitioner was reinstated in the post as such and he has been continuing in the said post.2. Later his claim for further promotion to the post of Chargeman 'A' fell for consideration. For unjustified reasons, the respondents denied such promotion, which necessitated the petitioner to move the Tribunal in OANo.1349 o...

Chintalapati Ramalinga Raju Vs. District Collector, Eluru, W.G. Distri ...

Court: Andhra Pradesh

Reported in: 2000(4)ALD443; 2000(2)ALT155

ORDERB. Subhashan Reddy, J. 1. This writ appeal arises against an order passed by the learned single Judge of this Court in Writ Petition No.20544 of 1999 dated 11-10-1999.2. The matter arises under the provisions of the A.P. Scheduled Areas Land Transfer Regulations, 1959 (for short 'The Regulations'). The Learned single Judge has dismissed the writ petition on the ground that the apprehension of the petitioner may not be real. But, it is evident from the proceedings dated 4-11-1998 in Re. No.230 of 1997 (Supt.) of the Mandal Revenue Officer, Buttaigudem mandal addressed to the Special Deputy Tahsildar, Tribal Welfare, K.R. Puram that action was sought to be taken against the petitioner on the ground that the judgment rendered by the Special Deputy Collector, Tribal Welfare hitherto dated 5-9-1981 is doubtful. But, it is a well settled law that when a judgment is rendered under the Regulations, it becomes final and there is no review of the same. It is not disputed that the order date...

State of Andhra Pradesh Vs. Tingili Ashappa

Court: Andhra Pradesh

Reported in: 2000CriLJ2569

Ramesh Madhav Bapat, J. 1. The Sole accused in Sessions Case No.293/99 on t he file of the Additional Sessions Judge, Mahabubnagar is the appellant herein. The accused/appellant was tried for an offence punishable under Sections 302, 201 and 404 I.P.C. The learned Judge on evidence found that the accused/appellant is guilty of an offence punishable under Section 302 I.P.C. and therefore the accused was convicted and sentenced to be hanged by neck till death. The accused/appellant was further convicted of an offence punishable under Section 201 of the Code and was sentenced to undergo Rigorous Imprisonment for three years. He was also convicted for an offence punishable under Section 404 I.P.C. and was sentenced to suffer Rigorous Imprisonment for one year. Aggrieved by the aforesaid order of conviction and sentence dt. 09.12.1999 the accused has preferred Criminal Appeal No.18/2000. The learned Judge has sent the record for confirmation of death sentence under Section 366 Cr.P.C. The c...

T. Kavita Reddy Vs. Urban Development Authority

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. We do not find any ground for condoning the delay of 183 days/in presenting the appeal FA SR No. 1216 of 1999 by the unsuccessful complainant questioning the order of the Visakhapatnam District Forum in O.P. No. 56 of 1995 dated 7.10.1998 dismissing her complaint. The opposite party in the O.P. is the respondent in FA IA No. 95 of 2000 and FA SR No. 1216 of 1999. 2. The order of the District Forum was dispatched on 15.10.1998. The appeal was presented on 26.5.1999. The petitioner/appellant in her affidavit dated 29.11.1999 has not stated when she received the copy of the order. She only sought for condonation of delay without making out a sufficient cause. She stated as follows in that affidavit: I submit that on 7.10.1998 the District Forum, Visakhapatnam dismissed my complaint in O.P. No. 56 of 1995. The order copy was dispatched on 15.10.1998. At the time of filing of the complaint, I was stayed at Madras and doing BDS course. From August, 1998 I was s...

Board of Trustee of Sri Balaji Eshwara Veerabhadra Swamy Temple, Tatik ...

Court: Andhra Pradesh

Reported in: 2000(2)ALD581; 2000(3)ALT24

ORDER1. This writ petition is filed by former trustees of Sri Balaji Eswara Veerabhadra Swamy Temple (hereinafter called 'the temple' for short), Tatikonda, Buthpur Mandal, Mahabubnagar District and persons describing themselves as devotees of the temple.2. The petitioners assail the proceedings of the second respondent dated 25-9-1992 whereby the second respondent has rejected the objections, inter alia, of the petitioners and has accorded permission to the Executive Officer of the temple to sell the certain specified lands by way of public auction, after following the rules in force.3. The temple is said to own 32.00 acres of dry and wet lands, of which about 11.09 gts., is in the possession of the 5th respondent who has been a tenant of the said land since a considerable time. Since, the lands were not, in view of the of the department, fetching adequate return, steps were initiated since the year 1980 to lease out the lands by way of auction in the first instance and thereafter tha...

Asian Reprographics Pvt. Ltd. Vs. State of A.P.

Court: Andhra Pradesh

Reported in: [2000]119STC313(AP)

ORDERP. Venkatarama Reddi, J.1. In view of the wide language employed in entry 143 of the First Schedule with the opening words 'paper of all kinds' followed by inclusive clause and thereafter followed by specification of certain varieties of papers which may or may not be understood as paper in common parlance, the Tribunal recorded the conclusion that ammonia paper also falls within the purview of entry 143 of the first Schedule. The decision of the Supreme Court in Commissioner of Sales Tax, U.P. v. Macneill & Barry Ltd. : 1986(23)ELT5(SC) and that of the Kerala High Court in Sree Rama Trading Company v. State of Kerala [1971] 28 STC 469 were rightly distinguished by the Tribunal. We find no error of law, In fact, if ammonia paper is excluded from entry 143, it attracts tax at higher rate which will not be in the general interests of dealers/consumers though in the particular case, it suits the assessee to raise the contention that ammonia paper does not fall under entry 143. We see...

Durga Prasad Jaiswal and anr. Vs. the State of A.P.

Court: Andhra Pradesh

Reported in: 2000(1)ALD(Cri)321; 2000(1)ALT(Cri)107; 2000CriLJ2607

B. Sudershan Reddy, J.1. The appellants herein were convicted by the learned Special Judge-cum-Additional Sessions Judge, Adilabad in N.D.S.C.No.21 of 1996 for the offences punishable under Sections 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The learned Special Judge sentenced the appellants herein to undergo rigorous imprisonment for four years and to pay a fine of Rs.1,000.00 each in default to undergo rigorous imprisonment for six months.2. The appellants challenge the judgment rendered by the learned Special Judge in this criminal appeal. Briefly stated, the prosecution case :The Sub Inspector of Police, Adilabad (PW-4) while on patrolling duty, having received some credible information on 2-4-1996 about the suspicious movements of the appellants herein, rushed to the RTC Bus stand Adilabad and found both the appellants carrying two bags. PW-4 produced both the appellants, with the bags, before the Mandal Revenue Officer, Adilabad (PW-3) herein. The prese...