Andhra Pradesh Court June 2000 Judgments
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M. Sridhar Reddy and Others Vs. Hyderabad Metropolitan Water Supply an ...
Court: Andhra Pradesh
Decided on: Jun-30-2000
Reported in: 2000(4)ALD481; 2000(4)ALT262
ORDER1. These two writ petitions listed are before me along with three interlocutory applications seeking to implead the applicants as party-respondents in the writ petitions, and further to vacate the interim orders granted on 9-5-2000 in the above writ petitions. In fact berth the writ petitions were admitted and interim directions were granted by the learned single Judge of this Court on the said date.2. The facts leading to the present litigation are as follows:The writ petitioners in both the writ petitions are working as Managers (Engineering) in the respondent-HyderabadMetropolitan Water Supply and Sewerage Board, (for short 'the Board') which was constituted under the Hyderabad Metropolitan Water Supply and Sewerage Act, 1989, (for short 'the Act'), which came into force in the month of July, 1989.3. The petitioners in the first Writ Petition No. 8411 of 2000 were directly recruited by the said Board and the petitioners in the second Writ Petition No.8412 of 2000 were the emplo...
Subhadramma and ors. Vs. M. Ramachandra Reddy
Court: Andhra Pradesh
Decided on: Jun-30-2000
Reported in: 2000(6)ALT779
I. Venkatanarayana, J. 1. Revision petitioners are the legal representatives of late M.S. Narayana Reddy, who was the defendant in O.S. 291/1985 on the file of the Principal District Munsif, Punganur. The trial Court decreed the suit filed by the plaintiff for damages against late Narayana Reddy.2. Aggrieved by the judgment and decree of the trial Court, late Narayana Reddy filed A.S.No. 74/1994 on the file of the Additional District Judge, Madanapalle. During the pendency of the appeal, the appellant Narayana Reddy died. Legal representatives of Narayana Reddy filed a petition in I.A.No. 45/1996 under Order 22 Rule 3 of the Code of Civil Procedure seeking to come on record as the legal representatives of the deceased-sole defendant. The petitioners contended that their father was the appellant in A.S. 74/1994 and he died on 22-9-1995 leaving behind the proposed legal heirs. It is their contention that they succeeded to the properties of the deceased and that they are necessary and pro...
Depot Manager, Apsrtc, Amalapuram Depot, Eg District Vs. Industrial Tr ...
Court: Andhra Pradesh
Decided on: Jun-29-2000
Reported in: 2000(4)ALD469; 2000(4)ALT378
ORDER1. The respondents 2 to 6 are drivers of APSRTC (hereinafter called the Management). They, were initiallyremoved for misconduct on 17-3-1988. However, the reviewing authority modified the punishment to that of deferring the annual increment for a period of two years with cumulative effect treating the period from the date of removal till the date of reinstatement as 'not on duty'. Aggrieved by this, the respondents raised industrial dispute. Ultimately, the Government of Andhra Pradesh referred the dispute to the Industrial Tribunal, Visakhapatnam.2. The Management resisted the claim of the respondents only on the ground that the punishment imposed is just and proper. However, the Management did not produce the record of domestic enquiry in support of the claim that the enquiry is conducted properly, or in support of the punishment imposed by the reviewing authority. Therefore, the Industrial Tribunal drew an adverse inference and passed award setting aside the punishment imposed ...
J. Chandrasekhar Vs. Apsrtc, Hyd. and Another
Court: Andhra Pradesh
Decided on: Jun-29-2000
Reported in: 2000(4)ALD476; 2000(4)ALT247
1. The father of the petitioner was working as a Driver in therespondent Corporation, He died in harness on 2nd November, 1981. On the date of death of his father the petitioner's age was 5 years. He passed his X Class examination and for the first time on 17-7-1998 he made an application to respondents to consider his case for appointment on compassionate grounds. This application was made after 17 years of the death of the father of the petitioner. The application was rejected by an order dated 7-10-1999. The order of rejection is impugned in this writ petition, which reads as under:mother Smt. J. C. Manilamma is already appointed in the Corporation and presently working as Sweeper at Chittoor-I Depot'.The petitioner has annexed some documents showing that the petitioner's mother was not appointed on compassionate grounds but had been appointed on merit after due selection and was regularised along with others. Therefore, the petitioner submits that, his case should not be rejected o...
New India Assurance Co. Ltd. Vs. Narsimloo and anr.
Court: Andhra Pradesh
Decided on: Jun-29-2000
Reported in: I(2001)ACC366; 2002ACJ402; 2000(5)ALT123; (2001)ILLJ277AP
ORDERE. Dharma Rao, J.1. This appeal is filed by the New India Assurance Co. Ltd., Nizamabad, against the award passed in W.C.No. A/1166/90, dated July 10, 1992, wherein the Commissioner has awarded Rs. 94,464/- to the 1st respondent towards compensation for loss of his left index finger and fracture to other finger. 2. The main ground raised by the appellant is that according to the Schedule to the Workmen's Compensation Act, even for amputation of one finger, the disability is 14 per cent. Therefore, the disability of 45 per cent as certified by the treating Doctor is contrary to law. The Doctor, who examined the claimant, should have certified the loss of earning capacity. In the present case, the Doctor has not certified the loss of earning capacity of the claimant. On these grounds, the award is liable to be set aside. 3. Brief facts of the case are that the claimant Narsimloo was the employee of the 2nd respondent-Lakshmi Tube Well. He was working as Driller on the rig bore-well ...
K. Prabhakara Reddy and ors. Vs. Principal Secretary, Home Dept. and o ...
Court: Andhra Pradesh
Decided on: Jun-29-2000
Reported in: 2000(2)ALD(Cri)226; 2000(4)ALT258
ORDERRamesh Madhav Bapat, J.1. As the facts and law involved in all these writ petitions are common, we are disposing of all of them by this common order. For better understanding of the case, we are referring to the facts in W.P. Nos. 7691/2000.2. W.P. No. 7691/2000 has been filed under Article 226 of the Constitution of India for directing the respondents to release the convict, who is confined in Central Prison, Warangal after declaring his detention as illegal and pass such appropriate orders.3. From a reading of the affidavit filed in support of the writ petition, it shows that the writ petition is filed by one Marri Mallaiah for and on behalf of his relative, Kotagiri Veeraiah, who was convicted by the Additional Sessions Judge, Warangal in S.C. No. 139/1985 under Section 302 read with 148, 149 and 452 I.P.C., and 5 of E.S. Act read with Section 149 and 324 of I.P.C. and sentenced to suffer imprisonment for life. The judgment was delivered on 10-2-1988 and ever since, the convict...
R.V. Mallikarjuna Rao Vs. Union of India and Others
Court: Andhra Pradesh
Decided on: Jun-28-2000
Reported in: 2000(4)ALD438; 2000(4)ALT323
ORDERB. Subhashan Reddy, J.1. This contempt case lias been lodged on the ground of deliberate non-compliance of the direction contained in the judgment dated 16-10-1998 delivered by a Division Bench of this Court in Writ Petition No.15463 of 1997 and Batch. In the said Batch of writ petitions, several questions were raised including the constitutional' validity of Administrative Tribunals Act, 1985. The constitutional validity was upheld basing upon the judgment of the Supreme Court in L. Chandra Kumar v. Union of India, : [1997]228ITR725(SC) but the aspect which was not dealt with by Chandra Kumar i.e., the tenure of the appointees, was dealt with by the Division Bench and held that for maintaining the independence of judiciary, tenure of 5 years shall not be read into Section 8 of the Act and that it shall be read that the Chairman and Vice-Chairman shall hold the office till the attainment of 65 years of age from the date of assumption of office and the Members - both judicial and a...
G. Siva Rami Reddy Vs. Special Deputy Collector, Lao, Srbc, Nandyal
Court: Andhra Pradesh
Decided on: Jun-28-2000
Reported in: 2000(4)ALD620; 2000(4)ALT345
ORDERN.Y. Hanumanthappa, J.1. This appeal is directed against the order and decree dated 11-12-1997 passed in OP No.1 of 1997 on the file of the Subordinate Judge, Nandikolkur.2. A few facts which are necessary to dispose of this appeal are as follows;- The State by its notifiction dated 28-2-1986 issued under Section 4(1) of the Land Acquisition Act acquired the following extents of land belonging to the claimant : S. No Ac. Cts. Village 220/1B 1-68 221 1-32 257/1 0.93 258/1 0.05 Jalakanur 258/3A 0.70 258/3B 0.86 262/2 1.25 ---- 6.79 ----3. The above extents were acquired for purpose of Srisailam Hydro Electric Project. The lands under acquisition were of two types, namely the land in S No.262/2 measuring to an extent of Ac. 1.25 cents was an agricultural land yielding wet crops having the water source from Jalakanur tank maintained by the Government. The lands in other survey numbers were orchards wherein Cheeni (Mosambi or Bathaya) fruits were grown. After enquiry, the Land Acquisit...
Bharat Petroleum Corporation Ltd., Mumbai and Others Vs. Union of Indi ...
Court: Andhra Pradesh
Decided on: Jun-28-2000
Reported in: 2000(5)ALD566; 2000(5)ALT602
ORDER1. The writ petition is filed seeking writ of mandamus declaring the action of the 2nd respondent on the complaint filed by the 4th respondent culminating in the Fax message dated 8-2-1997 to the Chairman and Managing Director of the 1st petitioner as illegal and consequential direction to respondents No.2 and 3 to refrain from acting on the complaint filed by the 4th respondent as the ingredients of the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 506 read with Section 34 IPC are not attracted to the facts of the case.2. Necessary facts which are relevant to the point in issue are referred hereunder:The 1st petitioner is the Bharat Petroleum Corporation (hereinafter called as 'Corporation'). Petitioners Nos.2 to 4 are working as Officers in the 1st petitioner-Corporation, The 4th respondent is also working in 1st petitioner-Corporation in the Officer category. At his instance the proceedings were initiated against petiti...
Indian Railway Constructions International Ltd. Vs. Commercial Tax Off ...
Court: Andhra Pradesh
Decided on: Jun-28-2000
Reported in: [2001]121STC448(AP)
ORDERP. Venkatarama Reddi, J.1.Heard both the counsel at the stage of admission.2. In this writ petition, the petitioner questions the 'revised notice' dated April 10, 2000 issued by the first respondent proposing to make reassessment for the year 1997-98 on the turnover of stone ballast by applying Section 5 of the A.P. General Sales Tax Act, 1957. While conceding that the petitioner has a right to file objections and it has the remedy of filing appeal in case an adverse order is passed, the learned counsel for the petitioner seeks justification in filing this writ petition questioning the show cause notice by referring to the communication dated May 5, 2000 sent by the second respondent to the first respondent. By the communication, the second respondent, after having referred to the objection raised by the Accountant-General's office regarding the short levy of tax on cement and irregular exemption allowed on sand ballast, instructed the first respondent to revise the assessments un...
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