Andhra Pradesh Court March 2000 Judgments

Union Public Service Commission, New Delhi Vs. D. Vijay Kumar and Othe ...

Court: Andhra Pradesh

Reported in: 2000(3)ALD220; 2000(3)ALT9

ORDERMotilal B. Naik, J 1. Union Public Service Commission, represented by its Secretary, Dholpur House, New Delhi is the petitioner in this writ petition. Aggrieved by the order passed by the Central Administrative Tribunal, Hyderabad Bench, Hyderabad in OA No. 1443 of 1997 dated 22-4-1998, the present writ petition is filed seeking a writ of certiorari calling for the records relating to the order dated 22-4-1998 passed in OA No. 1443 of 1997 and to quash the same.2. Before we proceed to decidethe issues raised in this writ petition, thegenesis of the grievances of the firstrespondent as set out before the Central Administrative Tribunal, Hyderabad Bench in OA No. 1443 of 1997, is narrated as under:The first respondent was an Emergency Commissioned Officer in the Army. After his release from the Army, he joined the Andhra Pradesh State Police Service as Deputy Superintendent of Police on 16-4-1977. He was assigned the seniority in the Deputy Superintendent of Police, Category-II with...

G. Pentayya Reddy Vs. Chief Superintendent (Mech), Visakhapatnam Steel ...

Court: Andhra Pradesh

Reported in: 2000(3)ALD308; 2000(3)ALT141

ORDER1. This writ petition is filed to issue a writ of mandamus by declaring the action of the respondents. The Chief Superintendent (Mech), Visakhapatnam Steel Plant, Visakhapatnam and the Deputy Chief Personnel Manager, (Enquiry Officer), Visakhapatnam Steel Plant in proceeding with the departmental enquiry vide charge-sheet dated 1-9-1998 as illegal, arbitrary and against the decided law of the land.2. The brief facts of the case are that on 1-9-1998 outside the office premises a dispute arose between the Manager (Operations) and the petitioner regarding the entry of the petitioner in discharging his duties as technician and in the said tug, healed exchange of words took placebetween them and the Manager (Operations) fell into a pit. The falling of the said Manager (Operations) into the pit assumed by him that the petitioner assaulted him and accordingly a police complaint was filed with the Steel Plant L & O Police Station, and they in turn registered a case stating that on 1-9-199...

Manjeet Singh Vs. Nirdosh Finance Investment and Chit Funds Co., (P) L ...

Court: Andhra Pradesh

Reported in: 2000(4)ALD544; 2000(1)ALD(Cri)755

ORDER1. This petition under Section 482 of Cr.PC seeks quashing of the order dated 21-6-1999 of the learned I Additional Metropolitan Sessions Judge,Hyderabad passed in Crl.RP No.16 of 1999 preferred against the order of the XXII Metropolitan Magistrate, Hyderabad dated 5-10-1998 in MP No.350 of 1998 in CC No.82 of 1998 under which the learned Magistrate has received certain documents said to have been filed on behalf of the complainant.2. The relevant facts in nutshell are as follows:The respondent No.l filed a complaint against the petitioner alleging offence under Section 138 of the Negotiable Instruments Act. While the trial was in progress and on the date the case was posted for further examination in chief of the complainant, this petition for receiving the document was filed. The documents in question are said to be the certificate of incorporation of the complainant company and a certified copy of the resolution passed by the Directors to authorise the complainant to represent ...

Mohd. Ayub Khan Vs. the Government of A.P. Rep. by the Principal Secre ...

Court: Andhra Pradesh

Reported in: 2000(1)ALD(Cri)906; 2000(1)ALT(Cri)520; 2000CriLJ3228

ORDERV. Eswaraiah, J.1. The Court made the following Order:This Writ Petition is filed seeking a Writ of Mandamus to declare the final orders of externment passed under Section 26(1)(a) of Hyderabad City Police Act,1348 Fasli ( for short 'the Act') by the second respondent in No. SB(1) No.1/Ext/S-1/99, dated 31-5-1999 as illegal and for a consequential direction to quash the same. 2.The learned counsel for the petitioner submitted that the petitioner never indulged in any of the offences alleged by the police. Though the police booked the petitioner falsely in the cases, he was acquitted by the competent Court of law. Crime No. 22 of 1998 on the file of Shah-ali-banda Police Station is registered against the petitioner, however, the police did not file charge sheet till today. Another Crime No. 19 of 1999 on the file of the II Metropolitan Magistrate, Hyderabad is pending against the petitioner and the petitioner was released on bail with a condition to attend the Police Station daily ...

In Re: Referring Officer, Addl. District and Sessions Judge and Etc.

Court: Andhra Pradesh

Reported in: 2000(1)ALD(Cri)654; 2000(1)ALT(Cri)388; 2000CriLJ3422

Ramesh Madhav Bapat, J.1. The Division Bench of this Court consisting of both of us had an occasion to deliver judgment in Cri. R.C.No. 905 of 1996 dated 23-4-1999 in Referring Officer v. Shekar Nair : 1999(3)ALT533 . In the said Cri. R.C. the question was decided by this Court as to what procedure is to be followed in cases wherein the accused are charged of an offence punishable under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act').2. This reference was answered by this Court and while answering the reference, various judgments of different High Courts and also the judgments of the Full Bench of Kerala High Court were taken into consideration. We dissented from the view taken by Kerala High Court and we observed that the charge-sheets are liable to be returned for filing the same before the Court of concerned Magistrate of First Class for securing the committal of the accused to the Court of Session constituted as Spec...

V. Laxmikantha Vs. Branch Manager, M/S. Andhra Bank Limited and Anothe ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Dr. (Mrs.) Mamata Lakshmanna, Member: 1. This appeal has been filed by Smt. V. Lakshmi Kantha aggrieved by the order of the District Forum, Khammam in O.P. No. 246/1997 dated 11.8.1999. The only point to be considered here is whether the District Forum was right in rejecting the claim of the complainant against the opposite parties i.e., Branch Manager, Andhra Bank Limited, Khammam and Senior Divisional Manager, Oriental Insurance Company Limited, Hyderabad. The case of the complainant before the District Forum was as follows : The complainants husband Sri Venkataramana Naidu was an account holder under Abhaya Savings Scheme bearing Account No. 52670 with opposite party No. 1. He died in a road accident on 6.1.1996. The complainant was not aware that an account holder of Abhaya Savings Scheme of opposite party No. 1 was insured under Group Personal Accident Insurance Scheme of opposite party No. 2. On 15.4.1997 she approached the opposite party No. 1 for withdrawing the amount of Rs. 1...

V. Bhushanam Vs. Divisional Security Commissioner, Railway Protection ...

Court: Andhra Pradesh

Reported in: 2000(3)ALD150; 2000(3)ALT224

ORDER1. The petitioner is the ex-police constable in the service of the Railway Protection Force. In this writ petition, the petitioner has assailed the validity of the proceedings of the first Respondent No.E/ XP.227/153/91/94 (D.O.66 of 1992) dated 1-4-1992, removing the petitioner from service as a disciplinary measure, and also the order of the second respondent (Force Order No.25 of 1998) dated 20-2-1998 affirming the above order of the first respondent.2. The background facts of the case be stated briefly as under: The petitioner while serving as Police Constable in the Railway Protection Force was served with charge-sheet dated 24-9-1991 under Rule 153 of the Railway Protection Force Rules, 1987 (for short 'the Rules') and the same was received by the petitioner on 29-9-1991. The charge-sheet reads as under:'Charge: Sri V. Bhushanam, Con stable/92 8/ELS/ BZA is hereby charged for serious misconduct in that: (i) he has been relieved at NLR on 9-6-1991 on transfer to ELS/BZA and h...

United India Insurance Co. Ltd., Kurnool Vs. Lakshmaiah and Others

Court: Andhra Pradesh

Reported in: II(2000)ACC617; 2001ACJ868; 2000(3)ALD491; 2000(3)ALT298

1. All these appeals can be disposed of by a common order.2. In an accident that took place on 10-1-1993 one person died and number of persons were injured, a tractor trailer was involved in the accident. All the injured persons including the claimants of the deceased person filed OPs., before the Tribunal contending that the accident arose on account of rash and negligent driving of the tractor by the driver and they were entitled for compensation in accordance with the provisions of the Motor Vehicles Act.3. Before the Tribunal in all 32 persons were examined on behalf of the claimants in various OPs. and two witnesses were examined on behalf of the respondents. Exs.A1 to A32 were marked for petitoners. Exs.Bl to B3 were marked for the respondents. After considering evidence on record, the Tribunal found that accident arose on account of the rash and negligent driving of the tractor trailor and accordingly allowed various amounts. The said order is assailed by the Insurance Company i...

Palreddigari Harinatha Reddy Vs. Palreddygari Siddamma and ors.

Court: Andhra Pradesh

Reported in: 2000(6)ALT772

ORDERG. Bikshapathy, J.1. This revision petition is filed against the orders dated 26-3-1999 made in O.S. No. 400 of 1996 on the file of learned Senior Civil Judge, Piler, refusing to admit the document dated 16-4-1979 said to be filed by the petitioner-11th defendant. The said document was dated 16-4-1979. The suit was filed for partition of the suit schedule properties and for separate possession. During the course of the evidence of petitioner-11th defendant, he tried to introduce the document dated 16-4-1979 to the effect that the partition of the properties were already effected in the year 1976 and the document was drawn up only on 16-4-1979 for acknowledgment of such a partition. But an objection was raised by the plaintiffs-respondent Nos. 1 to 3 on the ground that the said document cannot be taken into evidence as it is compulsorily registrable document Under Section 17(1)(b) of the Indian Registration Act, and, therefore, the document has to be rejected. The lower Court consi...

Registrar, Ntr University of Health Sciences, Vijayawada Vs. Dr. G. Ba ... Overruled

Court: Andhra Pradesh

Reported in: 2000(3)ALD209; 2000(2)ALT716

ORDER1. These appeals are against an order directing the consideration of the petitioner for admission to Post-graduate Medical courses against the reserved seat for Scheduled Caste in 15% quota meant for non-locals in terms of Regulation 3 of the Regulations for admission to 'Postgraduate Medical Courses' and if any person is selected against the said reserved seat, the same shall be cancelled and would be made available to such persons entitled to such admission.2. The Division Bench noticed the conflict in the decision in P. Chinnayya v. Nitesh Narayan, : 1998(4)ALD584 (DB). Decision arose out of the judgment of learned single Judge in Nitesh Narayan v. University of Health Sciences and another, : 1998(1)ALD474 , and an earlier Division Bench judgment of this Court in Registrar, University of Health Sciences v. Md. Ishak, 1990 (1) An. WR 220 (DB). The pristine question, referred to the Full Bench is:Whether the reservations in terms of Article 15(4) of the Constitution of India in f...