Andhra Pradesh Court March 2000 Judgments
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K. Chandra Shekhar Vs. Government of Andhra Pradesh and Others
Court: Andhra Pradesh
Decided on: Mar-09-2000
Reported in: 2000(2)ALD644; 2000(2)ALT575
ORDER1. The petitioner is a resident of Anjanapuram Gram Panchayat, Thallada Mandal, Khammam District. He is aggrieved by the procedure followed by the 3rd respondent namely Nodal Officer, Thallada Mandal, Khammam District in appointing Village Committees for Village Sanitation Project as arbitrary, illegal and unjust and for consequential direction to the respondents to follow the system of secret ballot for appointment of Village Committees and to set aside any Village Committee that is appointed for Anjanapuram Gram Panchayat.2. The Central Government approved Village Sanitation Project for the State of Andhra Pradesh. The scheme envisages the appointment of committee consisting of an Executive Member, two women from Dwacra (Development of Women andChildren in rural areas) group and two men from youth organisation. For implementation of the project, the beneficiaries have to pay 10% of the cost of the scheme and 90% of the cost will be released by the Government at different stages ...
O. Raja Reddy Vs. Presiding Officer and Others
Court: Andhra Pradesh
Decided on: Mar-09-2000
Reported in: 2000(2)ALD747; 2000(4)ALT479; [2000(85)FLR637]; (2000)IILLJ793AP
ORDER1. Alas! But for the anonymous complaint received by the Registry of this Court a reprehensible mischief committed by the learned Presiding Officer of the Labour Court-II, Hyderabad who held that office between 6-5-1996 and 31-7-1997 should have gone unnoticed resulting in injury to the public interest and tarnishing the image of the apparatus of the industrial adjudication.2. I do not think it appropriate for the Court to record in this order the steps taken by the High Court on administrative side to unearth the serious and reprehensible lapses committed by the Presiding Officer of the Labour Court-II, Hyderabad. Suffice it to state that the learned Presiding Officer of Labour Court-II, Hyderabad passed the docket orders in the following 18 industrial disputes on the dates shown against each of the industrial disputes.S.No.IndustrialDisputes No.Dateof Passing1.28/9316-6-19972.16/9516-6-19973.29/9616-6-19974.99/932-7-19975.83/942-7-19976.45/962-7-19977.187/934-4-19978.58/963-7-19...
Vinayak Shastry and Others Vs. Dhondu Shastry
Court: Andhra Pradesh
Decided on: Mar-09-2000
Reported in: 2000(2)ALD750; 2000(2)ALT585
ORDER1. These two civil revisionpetitions can be disposed of by a common order since they arise out of two interlocutory applications filed in the same suit. The petitioners are the defendants in the suit. The respondent herein who is no other than the father of the first petitioner filed the suit for declaration of title and for recovery of possession of the suit properties after ejecting the defendants there-from. The suit properties admittedly belonged to Durga Narayana, the deceased brother of the respondent-Plaintiff. The respondent filed the suit claiming the properties as the legal heir of Durga Narayana. The petitioners are resisting the suit relying-upon two Wills alleged to have been executed by Durga Narayana, during his life time. As the burden of proving the alleged Wills was on the defendants, they commenced their evidence in the first instance. After examining six witnesses on their side, their evidence was closed on 24-2-1999. Thereafter, the evidence on the side of the...
Aprstc and Others Vs. M. Srinivas
Court: Andhra Pradesh
Decided on: Mar-09-2000
Reported in: 2000(3)ALD20
ORDERA. Gopal Reddy, J. 1. This LPA is directed against the order dated 12-10-1999 passed by the learned single Judge in CCNo.2038of 1998.2. The brief facts of the case are that earlier respondent herein filed a writ petition in WP No. 14735 of 1996 seeking adirection to the appellant-Corporation to consider his case for appointment to the post of cleaner on the ground that his father had completed 25 years of service in the Corporation and as per circular of the Corporation dated 15-10-1987. The learned single Judge disposed of the said writ petition directing the Corporation to consider the case of the respondent herein for appointment to the post of Cleaner within a period of two weeks from the date of receipt of that order, provided the respondent herein fulfils the criteria laid down in the above said circular. Subsequently, the Corporation issued another circular dated 27-2-1998 modifying the earlier circular dated 15-10-1987. As per circular dated 27-2-1998, the compassionate ap...
R.K. Dalal Vs. Union of India and Others
Court: Andhra Pradesh
Decided on: Mar-09-2000
Reported in: 2000(4)ALD53; 2000(2)ALT579
ORDER1. One R.K. Dalai, JC-74795/ P Subedar (Tech) working in the Corpse of EME, filed this writ petition questioning the action of the respondents in not giving him promotion as Naib Subedar in January, 1989 as per the existing policy on that date, as arbitrary, illegal and offends Article 14 of the Constitution of India, and for a consequential direction to the respondents to promote the petitioner to the post of Naib Subedar with effect from 8-1-1989 and further promote him to the next rank of Subedar with ante-date seniority with effect from 1-1-1992 and grant all consequential benefits.2. The petitioner joined the Army as Sepoy on 15-1-1974, and thereafter, he was promoted to the post of Lance Naik. As per the channel of promotion, a Sepoy is eligible to be promoted as Lance Naik and from that category, to Naik and thereafter Havaldar Major (Tech). But, under the Rules any of the employees working in the category of Sepoy and Lans Naik are eligible to be appointed to the post of H...
A. Narasimha Reddy Vs. State of A.P., Rep. by P.P.
Court: Andhra Pradesh
Decided on: Mar-09-2000
Reported in: 2001CriLJ2010
B.S.A. Swamy, J. 1. The petitioners two in number who are charged for offences punishable under Section 34 and 307 IPC filed this application under Section 437 and 439 Cr.P.C to enlarge them on bail in Cr.No.95 of 1996 (P.R.C.No.37/1997) on the file of Station House Officer, Hasthnura, Medak District and to pass such orders or orders as the Hon'ble Court may deem it proper. 2. The facts leading to the filing of this Case are that the Station House Officer, Hasthnura registered Cr.No.95 of 1996 against the petitioners under Section 34 and 307 of IPC on 23-10-1996. Thereafter, the petitioners filed Crl.P.No.5288 of 1996 on the file of this Court under Section 438 Cr.P.C seeking anticipatory bail in the event of their arrest in the said crime. This Court by order dated 16-22-1996 directed that the petitioners be released on bail in the event of their arrest on each of them executing a bond of Rs.10,000/- with one surety of like amount for a period of one month from the date of their arres...
Y. Sekhar Vs. Govt. of A.P. and Others
Court: Andhra Pradesh
Decided on: Mar-08-2000
Reported in: 2001(2)ALD693
ORDERS.B. SINHA, CJ 1. The petitioner herein along with other five students questioned an order dated 1-1-2000 being G.O. Ms. No.1, Health, Medical and Family Welfare Department before A.P. Administrative Tribunal on the ground that the same is violative of the Constitutional guarantees as regards the protection of rights of the Scheduled Caste and Scheduled Tribe candidates as also Rule 22 of A.P. State and Subordinate Service Rules.2. Originally, the applicants were six in number before the Tribunal. But this writ petition has been filed by only one of them. They were, at all material times and still are studying in BUMS course. 16 vacancies in the reserved category belonging to Scheduled Castes and nine vacancies belonging to Scheduled Tribes were notified in Indian Medicine and Homoeopathy Department. By reason of the impugned GO, 25 vacancies of the post of Medical Officer (Unani) reserved for Scheduled Castes are sought to be filled up by open category candidates on the ground th...
Md. Imthiaz Vs. Managing Director, Apsrtc, Hyd. and Another
Court: Andhra Pradesh
Decided on: Mar-08-2000
Reported in: 2000(3)ALD19; 2000(3)ALT424
ORDERM.S. Liberhan, CJ.1. Challengingthe judgment dated 9th August, 1999 passed by a learned single Judge of this Court dismissing the writ petition, the present writ appeal is preferred.2. Learned Counsel for the appellant submits that the Andhra Pradesh State Road Transport Corporation has issued a Circular dated 6th July, 1989 to the effect that the children of the retired employees who sought voluntary retirement would be considered for the posts of Conductors and Cleaners as per the instructions issued on the subject. He further submits that the father of the appellant has been retired from service seeking voluntary retirementafter serving the Corporation for 20 years under the impression that Corporation will consider the case of the apepllant for the post of Conductor in the light of the above circular. Since the case of the appellant was not considered for appointment to the post of Conductor, he preferred the writ petition, it was argued before the learned single Judge that th...
Reddi Suryakantam (Died) and Another Vs. Yerra Veeraswami Naidu
Court: Andhra Pradesh
Decided on: Mar-08-2000
Reported in: 2000(3)ALD559
1. In this appeal, the plaintiff challenges the dismissal of his suit under the judgment and decree in OS No.289 of 1983 dated 18-11-1985 on the file of the Subordinate Judge at Kakinada. The suit claim is for recovery of Rs.32,209/- on the foot of a promissory note in Ex.A1 dated 2-12-1974 for Rs.10,000/- borrowed by the defendant which was agreed to be repaid on demand with interest at Rs.1.40 ps., per month on yearly compound. Of the said amount, the defendant paid a sum of Rs.1,000/- on 18-11-1977 and Rs.500/- on 6-10-1980 by making due endorsements on the reverse of the pronote. Later though the defendant addressed a letter dated 30-1-1983 in Ex.A6 requesting time for payment till March, 1983, the amount was not paid, ll was claimed that the defendant is a business man doing business in the manufacture of tiles and is an income tax assessee and thus not entitled to the benefits of Act 4 of 1938 or Act 7 of 1977. The demands made by the plaintiff remained unheeded. Hence the suit.2...
State of Andhra Pradesh Vs. North Coastal Wines Distributors
Court: Andhra Pradesh
Decided on: Mar-08-2000
Reported in: [2000]119STC80(AP)
P. Venkatarama Reddi, J.1. We see no illegality in the impugned order of the Tribunal granting conditional stay pending appeal before it against the order of the Joint Commissioner of Commercial Taxes (Legal) passed in exercise of suo motu revisional power under Section 20(2) of the A.P. General Sales Tax Act (for short 'the Act'). The Joint Commissioner revised the order of the Appellate Deputy Commissioner setting aside the assessment and remanding the matter for fresh disposal by the assessing authority in the light of the observations made therein. The Joint Commissioner revised the order having come to the conclusion that the remand was unwarranted.2. The learned Government Pleader relies on Sub-section (6-A) of Section 21 of the Act and submits that by virtue of the embargo laid down therein, the stay cannot be granted by the Tribunal. The Tribunal overruled the same objection and in our view, rightly. Sub-section (6-A) of Section 21 reads as follows :'The payment of tax and pena...
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