Andhra Pradesh Court October 2000 Judgments
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M.V. Subba Rao and Others Vs. District Scheduled Caste Service Co-oper ...
Court: Andhra Pradesh
Decided on: Oct-16-2000
Reported in: 2000(6)ALD507; 2000(6)ALT587
ORDER1. The petitioners approached this Court for the second time-when their request for regularisation of their services had been rejected by the second respondent by his proceedings in Rc.No.A1/881/88 dated 27-10-1997 even when this Court by its Order dated 29-8-1997 in Writ Petition No.8534 of 1997 directed the second respondent to examine and consider the case of the petitioners in all aspects for regularisation of their services in terms of G.O. Ms. No.212, dated 22-4-1994 -seeking an appropriate writ, particularly one in the nature of Mandamus to declare the said proceedings of the second respondent as illegal and arbitrary and for consequential direction to regularise their services as Work Inspectors from the date of their joining in the service with all consequential and attendant benefits such as salaries, seniority, etc. The petitioners also seek alternative directions to transfer the petitioners to any other department of the State.2. The grievance of the petitioners seems ...
Pratap Singh A. and ors. Vs. A.P. State Electricity Board and ors.
Court: Andhra Pradesh
Decided on: Oct-16-2000
Reported in: (2001)ILLJ973AP
ORDERM.S. Liberhan, C.J.1. These appeals are being heard analogously as the facts largely and the question raised can be fairly regarded as common questions. The appeals are being disposed of by common judgment.2. The pristine questions raised in these appeals are: (1) Whether there is an irregularity, with respect to age, occurred at the time of initial appointment or entry into service. (2) Whether an irregularity was committed by the workers or they have suppressed any fact or committed fraud for securing the ad hoc service? (3) Will the irregularity deprive appointees from regularisation under the scheme framed for that purpose.3. In view of the Division Bench judgment of this Court in W.P.No. 7681 of 1991 dated October 7, 1996 and again in W.P.No. 11350 of 1992 dated November 11, 1996 wherein it has been held that such of those ex-casual labour who were minors at the time of their initial engagement cannot claim absorption into regular service, the petitioners are not entitled for...
Gorle Appalana Nagarjuna Rao and Others Vs. Government of A.P. and Oth ...
Court: Andhra Pradesh
Decided on: Oct-13-2000
Reported in: 2001(1)ALD134; 2001(1)ALT281
ORDER1. Several individuals and residents welfare associations filed this writ petition seeking a declaration that the pattas granted to Sri Simhachalam Devastanam by the 4th respondent-Mandal Revenue Officer, Pendurti Mandal, Visakhapatnam in AIA No.52 of 1977 HA, dated 29-5-1996 and in AIAC No.52 of 1977 (Inams) dated 16-1-1997 for the lands in their occupation in Vepaguntas village as illegal and void and consequently set aside the same and direct the respondents not to interfere with the possession and enjoyment of their respective properties by the individuals as well as the members of the societies.2. These writ petitions are off-shoot of an order issued by the Government in G.O. Ms. No.578, Revenue (Endowments-IV) Department, dated 19th August, 2000, whereunder the Government agreed to regularise the encroachments over the lands belonging to Sri Simhachalam Devastanam as per the guidelies indicated in the G.O.3. To appreciate the case of the petitioners, the factual background t...
B.V.B. Subba Rao Vs. A.V.V. High School, Bapatla, Guntur District and ...
Court: Andhra Pradesh
Decided on: Oct-13-2000
Reported in: 2001(2)ALD204; 2000(6)ALT771
ORDER1. The petitioner herein initially joined as Secondary Grade Teacher in thefirst respondent-A.V.V. Upper Primary School, Bapatla, Guntur District on 12-9-1978. Thereafter the petitioner was promoted to the post of incharge Head Master of the first respondent school in the year 1981. Subsequently, the school was upgraded into high school and the petitioner was promoted to the post of the Head Master of the school. The petitioner on attaining the age of superannuation retired in the month of April, 2000.2. Under Rule 147 of the Integrated A.P. Education Rules, service register shall be kept in the custody of the Correspondent of the school. Accordingly, the service register of the petitioner was kept in the custody of the first respondent school and one A. Gopaiah, Junior Assistant in the first respondent school was entrusted with the task of maintaining and preserving the service registers.3. The petitioner, however, was informed by proceedings of the 1st respondent-school dated 12...
Patnam Durgesh Babu Vs. District Registrar, Registration and Stamps De ...
Court: Andhra Pradesh
Decided on: Oct-13-2000
Reported in: 2000(6)ALD427; 2000(6)ALT676
ORDER1. Heard the learned Counsel for the parties. The writ petition is beingdisposed of with their consent at this stage as the parties have been heard and pleadings are complete.2. The petitioner was a licensed document writer. His licence was in force till 1-1-2000. Before the expiry of the term of the licence he moved an application for its renewal in terms of Rule 202 of the Rules framed under the Registration Act, 1908. This was rejected by the impugned order. The impugned order dated 9-2-2000 is reproduced below:'In view of the cause of the defection of gross 'under valuation' on the following documents drafted by Sri Patnam Durgesh Babu. RL No. 145 of 1999 resulting loss of revenue to a tune of Rs.32895 to the State exchequer a detailed enquiry is under process for which separate action being initiated against Sri Patnam Durgesh Babu, DWDocument No. 342619998400-do-343319997000-do-3963199911750-do-373519994700-do-434919991045 Total:32895 Therefore his appeal for renewal of his ...
A.T. Bheemaiah and ors. Vs. State of A.P. Rep. by P.P
Court: Andhra Pradesh
Decided on: Oct-13-2000
Reported in: 2000(2)ALD734; 2000(2)ALD(Cri)734
Bilal Nazki, J.1. In this case, A1 to A3 who are the appellants before this Court have been convicted under section 498A and 306 IPC. Under both the offences they have been sentenced to three years rigorous imprisonment and a fine of Rs.500/- has been imposed, in default of payment of fine they have to undergo further imprisonment of three moths. The facts leading to the prosecution of the appellants are summerised below. 2. One Smt. Revathi Devi was married to A.T. Bheemaiah (A1) in the year 1987 at Ananthapur. After marriage she started residing with her husband and parents-in-law, (A2 and A3). It was alleged that she was ill treated by all the accused, they used vulgar language while talking to her, A1 to A3 forcibly snatched away her gold ornaments i.e., a pair of ear studs and gold ring, they sent her to her parents to get cash of Rs.1,000/-, they also asked her not to return to their house till she arranges the cash of Rs.1,000/-. Revathi Devi remained with her parents. Two month...
Food Inspector, Vizianagaram Municipality Rep. by Pp. Vs. K. Suryaprak ...
Court: Andhra Pradesh
Decided on: Oct-13-2000
Reported in: 2001CriLJ1101
Bilal Nazki, J. Crl. A. No. 1157 of 1994 1.This is an appeal against acquittal of the respondent in a case filed under Prevention of Food Adulteration act. The respondent is the owner and licence holder of a tea stall situated at Bus stand road, Vizianagaram. On 23-10-87 a sample of tea powder was taken by the Food Inspector and was sent for analysis. It was reported by the Public analyst that the sample was adulterated. Thereafter, prosecution was launched. During the trial, the respondent pleaded not guilty. He was acquitted only on one ground. The trial court found that there had been non-compliance of rule 7 of the Food Adulteration rules. The learned Public prosecutor has argued that there has not been any violation of rule 7 of the rules framed under Prevention of Food Adulteration Act. On the other hand the learned counsel for the respondent has argued that the trial court has rightly came to the conclusion that rule 7 was a mandatory rule and since it was not complied with the ...
Genius Financial Services Ltd. and ors. Vs. Sri Sarathi Studios Pvt. L ...
Court: Andhra Pradesh
Decided on: Oct-12-2000
Reported in: 2000(2)ALD(Cri)603; 2001CriLJ293
ORDERT. Ch. Surya Rao, J. 1. The only point urged before me is that there is conspicuous absence in the complaint about the existence of legally enforceable debt and tendering of cheque in discharge of the legally enforceable debt, which is a legal requirement as enjoined under Section 138 of Negotiable Instruments Act (for brevity 'the Act') and, therefore, the complaint is liable to be quashed. 2. To buttress the said contention, the learned counsel appearing for the petitioner seeks to place reliance upon a Judgement of this Court in VEMPATI BALAJI AND OTHERS v. D.VIJAYA GOPALA REDDI AND ANOTHER, : 1999(2)ALD669 . This Court held in the said Judgement, placing reliance upon a Division Bench Judgement of this Court in B.MOHAN KRISHNA v. UNION OF INDIA, : 1995(1)ALT468 (D.B), that in the absence of any allegation that the cheque was issued in discharge of whole or part of legally enforceable debt or liability, the complaint cannot be maintained. As regards the legal position canvassed...
Shaik Maqbool Basha Vs. Bigivemula Lakshmi Kanthamma
Court: Andhra Pradesh
Decided on: Oct-11-2000
Reported in: 2001(1)ALD97; 2000(6)ALT735
ORDER1. All these civil revision petitions arise in relation to an order of attachment before Judgment passed by the learned III Additional Junior Civil Judge, Cuddapah in IA No.675 of 2000 on 22-9-2000. It is therefore convenient to dispose of all these revision petitions by a common order.2. One Bigivemula Laxmikanthamma (the plaintiff) filed a suit against one Mandi Subba Rayudu (the defendant) for recovery of a sum of Rs.67,320.00. The plaintiff also filed an applications under Order XXXVIII Rule 5 of the Code of Civil Procedure, 1908 (the Code for brevity) seeking attachment before judgment of the lorry allegedly owned by the defendant, bearing registration No.AP-21-U-3559. The trial Court by order dated 22-9-2000 directed the defendant to furnish security, failing which the lorry would be attached. Accordingly the said lorry was attached.3. The petitioner in these civil revision petitions, Shaik Maqbool Basha filed two interlocutory applications being IA Nos.685 and 684 of 2000. ...
Yedla Venkata Satya Appalanarayana Vs. Secretary to Government Housing ...
Court: Andhra Pradesh
Decided on: Oct-10-2000
Reported in: 2000(6)ALD429; 2000(6)ALT673
1. This writ petition was filed seeking a writ of certiorari to call for the records and to quash the order passed by the third respondent in Proceeding Roc.No.5022/90 A1, dated 23-11-1992 and issue consequential relief by granting remission under Rule 3(a) as per the representation made by the petitioner and pass such other orders which are deemed fit and proper in the circumstances of the case.2. It is submitted that the petitioner has taken on lease a lodge belonging to the Vizianagaram Municipality, situated in the bus stand, in the year 1981 for a period of five years at the rate of Rs.814/- per month, and that the said lease was extended for a further period from 1-4-1986 to 31-3-1991 at the same rent through proceedings ROC No.75/85/Al and in the year 1986, when the lease was renewed, the petitioner made representation to 3rd and 4th respondents complaining that the lodge building is in very bad shape and that the roof concrete has fallen and is leaking during rainy season, that...
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