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Andhra Pradesh Court December 2000 Judgments

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Dec 06 2000

Jaya Swamy Vs. R. Thimmanna

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-06-2000

P. Ramakrishnam Raju,President: 1. Although notice was served, the respondent/complainant is not present, nor any representation is made on his behalf. 2. The opposite party in O.P. No. 312/98 on the file of the District Forum, Kurnool is the appellant. The respondent/complainant filed the complaint stating that he joined as a medical representative in the Company of the appellant on 1.2.1998 and left the organisation on 30.6.1998. Though the appellant has agreed to pay salary of Rs. 1,500/- + T.A. and D.A. and other expenses. But failed to pay the salary and expenses totalling to a sum of Rs. 9,400/- in spite of his request. Hence, he approached the District Forum. 3. The appellant/opposite party in his counter admitted that the complainant worked as medical representative in his organisation and his services were terminated on 29.6.1998 in view of his poor performance. 4. The complainant filed the relevant documents, i.e. appointment order dated 3.1.1998, L.R. sent to the appellant, ...


Dec 05 2000

E. Chandrasekhara Reddy Vs. Chief General Manager and Disciplinary Aut ...

Court: Andhra Pradesh

Decided on: Dec-05-2000

Reported in: 2001(1)ALD248; 2001(1)ALT500; (2001)IILLJ609AP

ORDER1. The petitioner, a former Officer of State Bank of India, was dismissed from service by the orders dated 31-7-1987 pursuant to a departmental enquiry. He preferred an appeal to the 2nd respondent. The appellate authority by the orders dated 26-11-1987 confirmed the conclusions of the petitioner's misconduct, but modified the penalty to one of removal from service. The petitioner is thus before this Court assailing the disciplinary proceedings.2. During 1980-85 the petitioner worked as Officer, Tadipatri branch of the respondent Bank. After his transfer to Kadiri branch and while there, by proceedings, dated 7-8-1985 he was placed under suspension in contemplation of initiation of disciplinary proceedings against him for alleged serious irregularities. In a letter dated 9-8-1985 addressed to the Chief Vigilance Officer of the Bank, the petitioner confessed to have prepared, passed and obtained payments for specified fictitious entries including signatures and thumb impressions. B...


Dec 05 2000

Andhra Pradesh Civil Liberties Committee and anr. Vs. Station House Of ...

Court: Andhra Pradesh

Decided on: Dec-05-2000

Reported in: 2001(1)ALT201

Bilal Nazki, J.1. The Writ Petition, W.P.No. 17149 of 2000 is filed by Andhra Pradesh Civil Liberties Committee. They seek a direction against respondent No. 1 to register a crime under Section 302 IPC and other offences against policemen who caused the death of Mr. Vishnuvardhan Reddy and Mr. Bala Swamy and caused injuries to several others. In this Writ Petition it is further prayed that the investigation of said crime be handed over to respondent No. 6 i.e., Director General, Central Bureau of Investigation. It also seeks a relief that Government of Andhra Pradesh be asked to pay compensation to the dependants of the deceased and also to the injured persons. The second Writ Petition W.P.No. 16558 of 2000 is filed on behalf of the Peoples' Union for Civil Liberties about the same incident and it is prayed that the State of Andhra Pradesh should be directed to hold an enquiry into the incident of alleged police excesses through a Commission of Inquiry by a Sitting Judge of the Hon'ble...


Dec 05 2000

Andhra Pradesh Civil Liberties Committee and Etc. Vs. Station House Of ...

Court: Andhra Pradesh

Decided on: Dec-05-2000

Reported in: 2001CriLJ2362

Bilal Nazki, J.1. The writ petition, W.P. No. 17149 of 2000 is filed by Andhra Pradesh Civil Liberties Committee. They seek a direction against respondent No. 1 to register a crime under Section 302 IPC and other offences against policemen who caused the death of Mr. Vishnuvardhan Reddy and Mr. Bala Swamy and caused injuries to several others. In this writ petition it is further prayed that the investigation of said crime be handed over to respondent No. 6 i.e., Director General, Central Bureau of Investigation. It also seeks a relief that Government of Andhra Pradesh be asked to pay compensation to the dependants of the deceased and also to the injured persons. The second writ petition W.P. No. 16558 of2000 is filed on behalf of the Peoples' Union for Civil Liberties about the same incident and it is prayed that the State of Andhra Pradesh should be directed to hold an enquiry into the incident of alleged police excesses through a Commission of Inquiry by a Sitting Judge of the Hon'bl...


Dec 04 2000

Madaka Anjaneyulu Vs. Madaka Balaiah and Others

Court: Andhra Pradesh

Decided on: Dec-04-2000

Reported in: 2001(1)ALD312; 2001(1)ALT172

1. This appeal is filed against the judgment and decree in OS No.33 of 1991 on the file of the Court of the Senior Civil Judge, Cuddapah. The appellant is the third defendant. While the appeal is pending, he filed an application being CMP No.12743 of 2000 praying this Court to dismiss the appeal as not pressed. In the affidavit accompanying the CMP, he stated that due to personal reasons, the appellant does not want to prosecute the appeal.2. The second respondent herein who is the first defendant in OS No.33 of 1991 filed CMP No.12986 of 2000 under Order 23, Rule 1-A read with Section 151 of the Code of Civil Procedure, 1908 ('CPC' for brevity) praying this Court to transpose him as appellant in the place of the original appellant. When CMP No.12743 of 2000 filed by the appellant came up before me, the learned Counsel for the second respondent/first defendant objected for dismissing the appeal as not pressed and requested that the application filed by the second respondent being CMP N...


Dec 04 2000

Bala Mallamma Vs. Registrar, Osmania University, Hyderabad and Another

Court: Andhra Pradesh

Decided on: Dec-04-2000

Reported in: 2002ACJ986; 2001(2)ALD228; 2001(2)ALT107; (2001)IILLJ268AP

ORDERBilal Nazki, J.1. The facts giving rise to this letters patent appeal are enumerated below: The parties shall be hereinafter referred to as 'applicant' and 'respondents' as they are referred in the order of the Commissioner for Workmen's Compensation, Hyderabad. 2. The applicant filed an application that her son K. Ravi who had been employed by respondent No.2-K Gopal died on 13-12-1987 during the course of employment. The deceased Ravi had received injuries when he fell down from a height of 40 feet as he was whitewashing the Osmania University Science College walls. He was taken to hospital where he died. He was aged 20 years. His mother sought compensation of Rs.53,760/- and also sought penalty and interest. Respondent No. 1-Osmania University was represented before the Commissioner and it took the plea that the University had executed an agreement on 19-12-1987 with respondent No.2-K. Gopal for execution of the work of whitewashing to all exterior faces of the walls of the Uni...


Dec 02 2000

Vijayadurga Oil Merchants, Vijayawada Vs. State of A.P.

Court: Andhra Pradesh

Decided on: Dec-02-2000

Reported in: 2001(1)ALD288; 2001(1)ALT532

ORDERS.R. NAYAK, J1. The petitioner is a dealer in groundnut oil and is registered under the A.P. General Sales Tax, 1957 (the Act, for short). For the assessment year 1982-83, the Commercial Tax Officer, by his order dated 11-4-1994 completed the assessment determining the net turnover of Rs.6,80,170/- which included an estimated turnover of Rs.6,21,600/-. On 21.2.1983, the Assistant Commercial Tax Officer inspected the premises of the petitioner and noticed excess stock of 25 barrels of groundnut oil worth Rs.56,500/- which is not supported by purchase bills or way bills and not accounted for in the books of account by the time of inspection. The petitioner preferred an appeal before the Appellate Deputy Commissioner questioning the estimated suppression added by the assessing authority at 10 times of the actual suppression. The Appellate Deputy Commissioner came to the opinion that the estimated suppression 10 times of the actual suppression relates to turnover of Rs.6,21,600/- and ...


Dec 02 2000

Raya Reddaiah Choudary Vs. Krishna Finance Corporation and Others

Court: Andhra Pradesh

Decided on: Dec-02-2000

Reported in: 2001(1)ALD462; 2001(1)ALT484

ORDER1.These two revision petitions arise out of the execution proceedings in OS No. 166 of 1979 on the file of the Court of the Additional Subordinate Judge, Chittoor. It is, therefore, proper to dispose of them by this common order.2. The fads in brief are as follows : The parties are referred to herein by theirstatus in the execution petition. The decree-holder is a firm by name M/s. Krishna Finance Corporation, a registered partnership concern. They filed a suit being OS No.166 of 1979 against one Reddaiah Choudary and another. A decree was passed on 31-3-1980 for an amount of Rs.32,115/-. Execution petition was filed on behalf of the firm being OEP No.23 of 1992. When the EP was pending, one of the partners, Smt Chinna Munemma filed an application being EA No.412 of 1996 praying to implead her as decree-holder in the place of one Venkatadri Naidu who represented the plaintiff firm at the stage of trial. The judgment debtor, Reddaiah Choudary also filed an application under Order 2...


Dec 02 2000

H.P. Narasimhaiah and Others Vs. T.G. Krishna Murthy

Court: Andhra Pradesh

Decided on: Dec-02-2000

Reported in: 2001(1)ALD513; 2001(1)ALT581

1. Heard the learned Counsel for the appellants. No representation on behalf of the respondent. 2. This second appeal is directed against the judgment of the learned Subordinate Judge, Adoni dated 13-12-1988 rendered in AS No.18 of 1984, under which the decree passed by the District Munsif, Adoni in OS No.238 of 1979 decreeing the plaintiffs suit for mandatory injunction for demolishing the structures erected on the wall of the plaintiffs has been modified and compensation to be paid by the defendant No. 1 was directed to be enquired into. 3. The plaintiffs are the appellants herein and the defendant No.1 is therespondent herein. The plaintiffs filed the suit OS No.238 of 1979. The case of the plaintiffs is that the plaint schedule wall was exclusively owned by them and that the defendant No.1 without the consent of the plaintiffs raised certain structures on the suit wall and as such mandatory injunction for removal of those structures was sought. The plea of the defendant No.1 was th...


Dec 01 2000

Falzul Islam Orphanage and Dawood Jung Trust Vs. Chief Commissioner of ...

Court: Andhra Pradesh

Decided on: Dec-01-2000

Reported in: 2001(1)ALD51; 2000(6)ALT715

ORDER1. WP No. 13355 of 2000 has been filed by Falzul Islam Orphange and Dawood Jung Trust, which is a wakf institution challenging the proceedings of the 1st respondent-Chief Commissioner of Land Administration releasing the old Bungalow No.109 situated in SD Road, Secunderabad in favour of the 3rd respondent-Najeebuddin Ghalib.2. WP No.17798 of 2000 is filed by the petitioners, who are the legalrepresentatives of late Dawood Jung, questioning the very same proceedings of the 1st respondent releasing the old Bungalow No.109 situated in SD Road, Secunderabad in favour of the 3rd respondent-Nejeebubuddin Ghalib.3. Since both the writ petitions are filed challenging the very same proceedings of the 1st respondent releasing the bungalow in favour of the 3rd respondent, both the writ petitions are heard together and a common order is being passed.4. The factual matrix leading to the filing of WP No.17798 of 2000 is set out as hereunder : The 1st petitioner is the younger daughter of late N...


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