Andhra Pradesh Court December 2000 Judgments
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APSRTC, Musheerabad, Hyd. and others Vs. A.V.D' Souza
Court: Andhra Pradesh
Decided on: Dec-26-2000
Reported in: 2001(3)ALD43
ORDERSatya Brata Sinha, CJ. 1. Interpretation of Regulation 21(2)(b) of APSRTC Employees (Classification, Control and Appeal) Regulations, 1967 (for short 'the Regulations'), falls for consideration ofthis Court in this writ appeal. Regulation 21(2)(b) reads as under: 'In all other cases, the employees shall be granted such proportion of such pay and allowances as such competent authority may direct: Provided that the payment of allowances under this clause shall be subject to all other conditions subject to which such allowances are admissible'.2. Before adverting to the question involved in this writ appeal, we may briefly notice the factual matrix of the matter. The writ petitioner-respondent herein was an employee of the appellant-Corporation. Pending disciplinary proceedings, he was placed under suspension on 29-4-1986. In the departmental proceedings, he was found guilty, and was imposed with punishment of stoppage of two increments with cumulative effect by order dated 30-11-199...
K. Chinna Biddamma Vs. J. Krishnama Naidu and Others
Court: Andhra Pradesh
Decided on: Dec-22-2000
Reported in: 2001(1)ALD304; 2001(1)ALT342
ORDER1. This civil revision petition is directed against an order dated 9th December, 1997, passed by the Principal District Munsif, Puttur, in IA No.1437 of 1997 arising out of OS No.159 of 1993, whereby and whereunder he dismissed an application filed by the petitioner herein for amendment of plaint. 2. The plaintiff filed the suit for a permanent injunction against the respondents. By reason of an application, he sought to amend the plaint by inserting paragraph 2-A therein, which reads thus: 'Plaintiff herein submits that suit land is the ancestral property of plaintiff. Plaintiff herein by long, open and exclusive possession prescribed title to the suit by adverse possession as well and as the defendants are denying the title of plaintiff he is obliged to file this suit for declaration of title also apart from permanent injunction. Remove the letters '1,600-00' in para 6 of the plaint and insert '6,090-00' and remove 'Rs.148.50' and add '493-50 and remove '26(c)' and insert '24 (b...
Bandikatta Satyavathi Vs. Bandkatta Venkata Rao and Another
Court: Andhra Pradesh
Decided on: Dec-22-2000
Reported in: 2001(1)ALD413; 2001(1)ALT338
ORDER1. In this application, thepetitioner herein questioned an order dated 10th December, 1997 passed in IA No.1827 of 1997 arising out of OS No.362 of 1997 whereby and whereunder the application filed by the 1st respondent herein for impleading himself as a party to the suit was allowed.2. The plaintiff-petitioner filed a suit against the 2nd respondent defendant being OS No.362 of 1997 only for realisation of arrears of rent. The third party-respondent filed the application for impleading himself as a party, inter alia, on the ground that the petitioner's husband has executed a will in his favour. Before the learned trial Judge, a contention was raised on behalf of the petitioner relying on the basis of a decision in Mujta Bai Begum v. Mehubub Rehman, : AIR1959MP359 , that the plaintiff cannot be forced to add a person as a party against his will.3. The learned trial Judge arrived at a finding of fact that by filing documents, the third party-respondent has established that he is th...
B.V. Murthy Vs. Regional Manager, Apsrtc, Rajahmundry, Eg District and ...
Court: Andhra Pradesh
Decided on: Dec-22-2000
Reported in: 2001(1)ALD529; 2001(1)ALT455
ORDERS.B. Sinha, CJ.1. This Appeal is appeal is directed against a judgment dated 4-12-2000 2001(1) FR--F-34 passed by a learned single Judge of this Court in Writ Petition No.23652 of 2000 in terms whereof the writ petition filed by the appellant herein was dismissed.2. The fact that the appellant was an employee of the respondent-Corporation is not in dispute. On the ground of submission of a non-genuine and bogus Matriculation certificate at the time of his appointment, his services had been terminated. As against the said order, the appellant filed the writ petition. The learned single Judge dismissed the said writ petition on the ground that the remedy of the appellant-petitioner, if any, is to take recourse to the provisions of the Industrial Disputes Act.3. The learned Counsel appearing on behalf of the appellant has raised a short question in support of this appeal. The learned Counsel submits that even if the appellant did not have a requisite qualification at the relevant tim...
State of A.P. and Others Vs. Special Tribunal (Land Grabbing) Dist. Ju ...
Court: Andhra Pradesh
Decided on: Dec-22-2000
Reported in: 2001(1)ALD555; 2001(1)ALD(Cri)259; 2001(1)ALT479
ORDERB. SUBHASHAN REDDY, J1.This writ petition has been filed to declare the action of the Special Tribunal (District Judge) Warangal in entertaining the pet ition in LGC No.36 of 1989 filed under Section 7-A(1) of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982(hereinafter referred to as 'the Act') as illegal, without jurisdiction and contrary to the provision and Scheme of the Act and for issuance of consequential direction not to proceed with the said case.2. The respondents herein had filed the said Land Grabbing Case invoking sub-section (1) of Section 7-A of the Act. Their case is that their ancestors M/s. late Balaji, Bandulal, Veeraiah, Gangoji and Raheem were the owners and possessors of Acs.9.00 of land bearing Survey No.436 (old) corresponding to new Survey No.206 situated at Nakkalagutta, Hanamakonda of Warangal district. It is their case that the said land was purchased by their ancestors by a registered sale deed dated 6-3-1966 from one Hameed Pasha for a conside...
Padmavathi Filling Station, Indian Oil Dealer Vs. Indian Oil Corporati ...
Court: Andhra Pradesh
Decided on: Dec-22-2000
Reported in: 2001(1)ALT660
ORDERB. Sudershan Reddy, J.1. The petitioner in the instant writ petition prays for issuance of a writ, particularly one in the nature of Writ of Mandamus declaring the action of the respondents in issuing the notification published in Hindu daily newspaper dated 31-12-1997 pertaining to Sl.No. 12 of Gajulamandyam calling applications for a second petroleum filling station, as illegal, arbitrary, unjust and being violative of Articles 14 and 21 of the Constitution of India.2. The petitioner is running one of the retail outlets of the respondent-Corporation at Gajulamandyam of Chittoor District and authorised to sell petrol and high-speed diesel. An agreement is stated to have been entered between the petitioner and the respondents on 3-8-1994.3. It is the case of the petitioner that Gajulamandyam village is a rural area and the village consists of population of around 3,200. The capacity of the area to have consumption of the petroleum products is very limited. Admittedly, the filling ...
Apsfdc Ltd., Employees Union Vs. Govt. of A.P. and Another
Court: Andhra Pradesh
Decided on: Dec-21-2000
Reported in: 2001(1)ALD229; 2001(1)ALT99; (2001)ILLJ1002AP
ORDER1.The Andhra Pradesh State Forest Development Corporation Limited Employees Union invokes the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India and prays for issuance of a writ of certiorari calling for the records relating to G.O. Ms. No.135, Environment, Forests, Science and Technology (For.II) Department, dated 17-9-1996 on the file of the first respondent and quash the same duly declaring the same ultra vires, void and inoperative.2. The first respondent herein by the impugned Governmental Order in exercise of the power under Section 36 of the Payment of Bonus Act, 1965 kept the operation of all the provisions of the said Act under suspension with an intent to 'contain erosion of capital, in public interest for the year 1990-91 onwards till the company returns to the condition of having wiped out all its accumulated losses after making sufficient provision for all its bad and non-performing assets'.3. Before adverting to the question as to...
Govt. of A.P. and Others Vs. N. Rami Reddy
Court: Andhra Pradesh
Decided on: Dec-21-2000
Reported in: 2001(1)ALD443; 2001(1)ALT438
ORDERS.B. Sinha, CJ1. Several questions of some importance have been raised in these appeals and connected writ appeals. Having regard to the questions involved in these matters, it is not necessary to state the fact of the matter in details. But, suffice it to say that for the purpose of construction of Nagarjuna Sagar Project, the State enacted Nagarjuna Sagar (Acquisition of Land) Act, 1956 (A.P. Act No.XXXII of 1956) (hereinafter called and referred for the sake of brevity as 'the said Act'). The said Act came into force with effect from 8-11-1956. Sections 3 and 3-A of the said Act read thus: '3. Acquisition of lands in Nagarjunasagar Project area :--The Government may acquire any land in the project area for a project purpose. (2) The acquisition shall be made in accordance with the provisions of the Land Acquisition Act, 1894 (Central Act 1 of 1894) (hereinafter in this section referred as the said Act), subject to the following modifications : (i) For Section 11 of the said A...
Vasam Hari Babu Vs. Vasam Veeraraghavamma and anr.
Court: Andhra Pradesh
Decided on: Dec-21-2000
Reported in: 2001(2)ALD481; 2001(1)ALD(Cri)329; 2001(1)ALT(Cri)197
ORDERT. Ch. Surya Rao, J.1. The petitioner seeks to assail the Order dated 12.5.2000 passed by the learned Judicial First Class Magistrate, Pithapuram, East Godavari district while recording the evidence of R.W.1 in M.C.No.3 of 1998.Under the impugned order when the petitioner R.W.1 sought to introduce three bonafide certificates said to have been issued by Andhra Vidyalaya High School, Hyderabad, so as to prove that his children are studying in the said school, on an objection taken by his adversary, the learned Magistrate held that the bonafide certificates issued by the Head Mistress, Andhra Vidyalaya School with regard to the class in which they are studying and the ages of the students are not admissible in evidence and therefore, they cannot be allowed to be marked as exhibits. Assailing the said order, the present criminal petition is filed.It is the contention of the learned counsel for the petitioner that the petitioner seeks to file these documents in the first instance with ...
Tax Payers Welfare Association Vs. Pullemla Yadamma and anr.
Court: Andhra Pradesh
Decided on: Dec-21-2000
Reported in: 2001(1)ALT562
D.S.R. Varma, J.1. This appeal is filed against the judgment and decree dated 11-8-1999 passed by the Court of I Additional District Judge, Nalgonda in A.S. No. 26/1995. By the said judgment and decree, the lower appellate Court reversed the judgment and decree dated 27-3-1995 rendered by the Junior Civil Judge, Nalgonda in O.S. No. 1103/1990 and allowed the appeal filed by the respondents-defendants. Aggrieved by the judgment and decree of the lower appellate Court, the original plaintiff filed this second appeal. For the sake of convenience, the parties hereinafter would be referred to as plaintiff and defendants as per their ranking in the trial Court.2. The plaintiff is the Tax Payers Welfare Association, Nalgonda. The President of the said association in a representative capacity filed the suit. The suit was filed for the relief of perpetual injunction restraining the defendants from occupying the plaint schedule land in an extent of 1,600 Sq. yards in Sy. No. 1255 situated at Shi...
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