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Andhra Pradesh Court April 2000 Judgments

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Apr 26 2000

K. Venkatesham and anr. Vs. State of A.P.

Court: Andhra Pradesh

Decided on: Apr-26-2000

Reported in: 2000(2)ALD(Cri)64; 2000CriLJ3156

ORDERG. Bikshapathy, J.1. The criminal appeal is filed against the judgment of the learned Metropolitan Sessions Judge, Hyderabad in Sessions Case No. 258 of 1997, dated 30-6-1998.2. The appellants-Al and A2 were prosecuted for an offence punishable under Section 22 of Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter referred to as Act. The appellants herein are referred to as accused for convenience sake. It is the case of the prosecution that the accused, on 24-3-1997 at about 6.45 p.m., were transporting Diazepam in a huge quantity in an Ambassador car bearing No. AAY.5907. The Inspector of Police, Ramgopalpet P.S. received information to that effect and on the basis of the said information and with the assistance of Sub-Inspector of Police and other staff, he proceeded to CTO X-Roads and intercepted the white Ambassador car bearing No. AAY. 5907 at 7.15 p.m. and found that the appellants-Al and A2 were sitting in front of the seat of the car. On interception, the I...


Apr 25 2000

Asian Paints India Limited, Mumbai Vs. Additional Commissioner (Financ ...

Court: Andhra Pradesh

Decided on: Apr-25-2000

Reported in: 2001(1)ALD117; 2000(3)ALT658

ORDER1. The petitioner is a reputed company engaged in the manufacture of paints. The company filed the present writ petition for a writ of mandamus declaring the notice in Utter No.192/Advt/MCH/99-2000, dated 10-2-2000 issued by the respondent herein as being illegal and void and for a further direction to the respondent to desist from enforcing any demand arising out of the said notice. 2. By the impugned notice, the petitioner was requested to furnish the total list of the company's brand nameadvertisements displayed in the Corporation limits of Hyderabad along with advertisement fee. The company was also advised to file self-assessment return in connection with regularisation of unauthorised advertisements and payment of advertisement fee. A reading of the impugned notice discloses that many of the reputed brand names are advertised/displayed in the twin cities of Hyderabad and Secunderabad without taking prior permission from the Commissioner of the Corporation duly paying the adv...


Apr 25 2000

T. Narayana Vs. Managing Director, M/S. Praga Tools Limited and Anothe ...

Court: Andhra Pradesh

Decided on: Apr-25-2000

Reported in: 2000(3)ALD382; 2000(3)ALT694

ORDER1. In this writ petition, the validity of the disciplinary action taken by the management of M/s. Praga Tools Limited, removing the petitioner from services as a disciplinary measure, is assailed.2. The petitioner, while serving as Assistant Security Officer, was served with a charge memo dated 2-12-1990. The charge-sheet reads as under:Praga Tools LimitedNo:269 Dated: 2-12-1990Shri T. Narayana. Staff No.269. Asst. Security Officer, MTD. Thro' Sr. Security Officer Charge-sheet Your are charged as under: 1. Yon have unathorisediy remained absent from duty from 24-3-1990 till date; 2. You have left the Head Quarters i.e., Secundcrabad without obtaining permission from the Management to go to Wanaparthi, Kurnool in October, 1989 and November, 1989 respectively. 3. You have deliberately disobeyed the orders of the Management by not appearing before the Medical Board, Gandhi Hospital on 27-7-1990, 23-8-1990 examinations. 4. You have refused to receive official Communication No.269/MB o...


Apr 25 2000

Sk. Mohammad Jafar HussaIn and Others Vs. Central Reserve Police Force ...

Court: Andhra Pradesh

Decided on: Apr-25-2000

Reported in: 2000(3)ALD578; 2000(3)ALT321

ORDER1. In these writ petitions, the petitioners, 34 in all, have assailed the validity of the action of the respondents, particularly, the proceedings of the Inspector General of Police, Southern Sector, CRPF, Hyderabad dated 14-8-1999 cancelling the selection of the petitioners for appointment to the post of Constable (General Duty) in Central Reserve Police Force (for short 'CRPF'). The background facts that led to the filing of these writ petitions be stated briefly as under: the respondents have issued employment notification calling for applications from suitable male candidates for filling up the posts of Constable (General Duty) in CRPF, belonging to the States of Tamilnadu, Andhra Pradesh, Karnataka and Union Territories of Pondicherry and Laxadweep. This notification was published in the employment news dated 29-5-1999 to 4-6-1999. The advertisement specified that the respondents contemplated to fill up 208 + 22 (for General, SC, ST and OBC and ex-Army personnel etc.). Insofa...


Apr 25 2000

Modem Rajamouli Vs. Modem Roshaiah and Others

Court: Andhra Pradesh

Decided on: Apr-25-2000

Reported in: 2000(3)ALD677; 2000(3)ALT687

1. The sole plaintiff in the suit is the appellant in this second appeal. The appellant filed the suit for partition and separate possession of a 1/9th share in the suit properties and for permanent injunction against defendants 6 to 9, who are the contesting defendants. Subsequently, the plaint was got amended so as to claim the relief of possession also as against defendants 6 to 9.2. It is the case of the plaintiff that the suit property consisting of two items with a total extent of Ac.9-15 guntas is the ancestral joint family property belonging to plaintiff and defendants 1 to 5. Thereare altogether three branches, which are entitled to the property. Plaintiff and the 2nd defendant are the sons of the first defendant. They belong to one branch. The 3rd defendant belongs to the 2nd branch. Defendants 4 and 5 belonged to the 3rd branch. Each branch is entitled to a 1/3rd share in the suit property. Out of the l/3rd share held by the first defendant's branch, the plaintiff is entitle...


Apr 25 2000

Ranka Cables Ltd. Vs. Appellate Authority for Industrial and Financial ...

Court: Andhra Pradesh

Decided on: Apr-25-2000

Reported in: 2000(4)ALD20; 2000(3)ALT550; [2001]103CompCas30(AP)

ORDER1. The petitioner is a limited company registered under the Companies Act in the year 1988. The petitioner-Company has two units located at Cuddapah and Patancheru in Medak District; wherein Alluminium cables are manufacture. According to the affidavit filed in support of the writ petition, the installed capacity of both the units of the petitioner-Company is 15000 Tonnes per annum. I do not propose to go into the various reasons which made the company incur losses. Admittedly, the accumulated loss as on 31-1-1995 was Rs.733.44 lakhs as against net worth of the company of Rs.133.70 lakhs as defined under Section 3(g-a) of the Sick Industrial Companies (Special Provisions) Act, 1985 ('the Act' for brevity). Admittedly the production was stopped from the month of April, 1993. The company became a Sick Industrial Company as defined under Section 3(o) of the Act. The matter was referred to the Board for Industrial and Financial Reconstruction (BIFR), under Section 15 of the Act. The s...


Apr 25 2000

Crips Laboratory Employees Union, Visakhapatnam Vs. Assistant Commissi ...

Court: Andhra Pradesh

Decided on: Apr-25-2000

Reported in: 2000(3)ALD798; 2000(3)ALT698; [2000(86)FLR286]

ORDER1. This writ petition is filed by the Employees Union of CRIPS Laboratory, Visakhapatnam.2. The CRIPS Laboratory-the 2nd respondent herein-(hereinafter referred to as'the Management') is an Industrial Establishment within the meaning of the Industrial Disputes Act, 1947 (for short the Act'). The Management which is facing adverse financial conditions, sought to retrench 35 workers belonging to the petitioner-Union and issued notice dated 24-2-2000. On the request made in writing by the said 35 workers, who are members of the petitioner-Union, the Assistant Commissioner of Labour, Circle-I, Visakhapatnam, 1st respondent herein, admitted the dispute relating to entitlement of the Management to retrench the workers to conciliation, vide his communication Rc.No.A/690/2000 dated 25-3-2000. It is an undisputed fact that the conciliation proceedings are still in progress. Apprehending that the workers may be retrenched by the 2nd respondent-Management, even during the pendency of the con...


Apr 25 2000

Abdulla BIn Ahmed Bakoban and Others Vs. Government of Andhra Pradesh ...

Court: Andhra Pradesh

Decided on: Apr-25-2000

Reported in: 2000(4)ALD246; 2000(3)ALT741

ORDER1. This writ petition is directed against the proceeding of the first respondent, the Government of Andhra Pradesh, General Administration (Poll.B) Department, bearing memo No. 134/Poll.B/96-16 dated 28-4-1999, by which the Government cancelled the orders issued in GO Ms.No.75 GA (Poll.B) Department dated 25-2-1994, with immediate effect.2. The background facts of the case be stated as under: Petitioners 1 to 4 are the pensioners and petitioners 5 to 9 are the widows of the pensioners. The husbands of the petitioners 5 to 9 were originally sanctioned the pension and after their death, these widows were receiving the pension. The petitioners 1 to 4 and the husbands of petitioners 5 to 9 were serving the erstwhile Hyderabad Army, and after the merger of the State of Hyderabad with the Union of India, the Armed Forces of Hyderabad State were demobilised. The liability of payingpension to the ISF members who, retired/ released prior to 1-4-1950, was taken over by the Central Governmen...


Apr 25 2000

K.V. Ramanamma Vs. Government of A.P. and Others

Court: Andhra Pradesh

Decided on: Apr-25-2000

Reported in: 2000(4)ALD351; 2000(3)ALT724

ORDER1. The writ petition is filed for a direction to respondents 2 and 3 not to revert the petitioner from the post in Category V to a post in Category VIII todirect the 3rd respondent not to give effect to the proceedings of the 2nd respondent in Re. No.42448 of 1989 Cr. 1(B) dated 9-10-1989 and to further direct the 3rd respondent to send the petitioner for co-operative training as per the appointment order dated 22-8-1989.2. The petitioner is the daughter of one K. Venkat Reddy who was working as Branch Manager of the 3rd respondent-bank. He died on 1-3-1989. The petitioner sought an appointment as Cashier or Clerk in Category V in accordance with the instructions issued by the Government in G.O. Ms. No.623, Food and Agriculture Department, dated 26-10-1978. The 3rd respondent issued order dated 22-8-1989 temporarily appointing her as Shroff in Category V in Markapur Branch. She was required to produce the original certificates in support of her educational qualifications and also ...


Apr 25 2000

R. Narayana Reddy and Sons (P) Ltd. Vs. Union of India and Others

Court: Andhra Pradesh

Decided on: Apr-25-2000

Reported in: 2000(4)ALD369; 2000(4)ALT229

ORDER1. The petitioner is a Private Limited Company carrying on the business in Civil Contracts. It appears, they -have been doing the various types of works of Indian Railways for the last three decades and claimed some specialised knowledge of the works pertaining to the Indian Railways.2. The South Central Railway called for tenders for various works in Karimnagar District of Andhra Pradesh by the tender notification dated 14-10-1999. In the said notification, 4 items of work are indicated regarding which tenders are called for. The relevant item for the purpose of the present writ petition is Item No.l, which reads as follows:S. No.Description of workApprox.Earnest money tobe deposited (FD/DD/Cash)Cost of Tenderform PEDDAPALLI-KARIMNAGARNEW BG Rly.Rs.Rs.Rs.1.Laying andlinking of track from Ch. 0.500 to 11,0000 KM including part of PeddapalliYard and transportation of P.Way materials from different Stations to workspot-Reach l73.81 lakhs1.50 lakhs1,200/-3. Apart from that the tender...


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