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Andhra Pradesh Court June 2000 Judgments

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Jun 21 2000

Sindhu Vs. Secretary, A.P. Social Welfare Residential Educational Inst ...

Court: Andhra Pradesh

Decided on: Jun-21-2000

Reported in: 2000(4)ALD270; 2000(4)ALT156

ORDER1. The petitioner is working as a Postgraduate Teacher in A.P. Social Welfare Residential School, Pochampadu, Nizambad District, ft appears that on 3-5-2000 her sister-in-law (wife of the younger brother of the petitioner) committed suicide by burning herself, at Nizamabad, which is at a distance of sixty kilo melers from the place of work of the petitioner. In this connection a crime was registered being Cr.No.138 of 2000 under Section 304B IPC. In connection with the said crime, the petitioner was arrested on 4-5-2000 and was remanded to judicial custody on 5-5-2000. She was released on bail on 24-5-2000 by the competent Court. In the meanwhile, the first respondent passed the impugned order placing the petitioner under suspension in accordance with sub-rules (2) (a) of Rule 8 of A.P. Civil Services (Classification, Control and Appeal Rules 1991 (hereinafter called as the Rules). The impugned order records that as the petitioner was in jailfrom 4-5-2000 onwards, exceeding forty ...


Jun 21 2000

P.S.R. Subrahmanyam Vs. Commissioner of Endowments, Hyderabad and Othe ...

Court: Andhra Pradesh

Decided on: Jun-21-2000

Reported in: 2000(4)ALD440; 2000(4)ALT136

ORDER1. This writ petition is filed seeking writ of mandamus declaring the orders issued by the 1st respondent-Commissioner of Endowments, dated 6-5-1997 as illegal and contrary to law and for a consequential direction to the respondents to consider the candidature ofthe petitioner for promotion as PA to Executive Officer in accordance with the Rules.2. Subsequently when the 3rd respondent was retired, respondent No.4 took over as PA to Executive Officer and consequently an amendment petition was moved challenging his appointment to the post of PA to the Executive Officer and the said amendment was allowed on 23-6-1999.3. It is the case of the petitioner that he has been working as Superintendent in Sri Durga Malleswara Swamy Devasthanam, Vijayawada, subject temple, for the last several years and therefore he is entitled for promotion as PA to the Executive Officer. According to the provisions of A.P. Charitable and Hindu Religious Institutions and Endowments Act, hereinafter called as...


Jun 21 2000

L. Parthasarathi Vs. University of Hyderabad and Others

Court: Andhra Pradesh

Decided on: Jun-21-2000

Reported in: 2000(6)ALD545

ORDER1. The case of the petitioner is that, the University of Hyderabad is running a school from KG to SSC in its campus for the children of its employees. Petitioner was appointed, by the respondents by order dated 17-10-1994, as Sanskrit cum Telugu teacher in the school on temporary/ part-time basis on a consolidated salary of Rs. 1000/- per month, in a vacancy that arose due to resignation of one K. Srinivasasastry. Petitioner claims that at the time of his initial appointment he was having the qualification of B.A., B.Ed in Oriental Language and subsequently he acquired M.A. degree and so he is fully qualified to hold the post on regular basis. According to him, he is working from 9.30 am to 3.45 p.m by taking 6 to 7 teaching sessions daily on par with the other regularly appointed teachers. Ever since 1994, the petitioner is being continued on temporary basis with artificial breaks during vacations. He submits that he is working in the respondent-school with the hope that his serv...


Jun 21 2000

D. Venkata Rao and anr. Vs. State Rep. by S.i. of Police, Pentapadu P. ...

Court: Andhra Pradesh

Decided on: Jun-21-2000

Reported in: 2000(2)ALD(Cri)458; 2000(3)LS78a

ORDERT.C.H. Surya Rao, J.1. This Revision is directed against the order of conviction and sentence passed against the petitioners convicting them for the offence under Section 409 of IPC and sentencing each of them to suffer RI for a period of 11/2 years and to pay a fine of Rs.1500/- and in default to suffer SI for a period of 3 months by the trial court in its Judgment dated 18.7.1996 in C.C. No. 156 of 1991 as confirmed by the appellate Court in C.A. No. 122 of 1996 dated 7.4.1999 of course modifying the sentence of imprisonment from 11/2 years to one year and maintaining the sentence of fine.2. Both the Revision Petitioners have been working as Junior Assistant and Herbarium Keeper respectively in D.R.G.G. College, Pentapadu. A society has been formed and registered under the provisions of A.P. Co-operative Societies Act (the Act, for brevity) in the name and style of 'D.R.G.G. College Employees' Co-op. Credit Society', Pentapadu (the Society, for brevity). The Revision Petitioners...


Jun 20 2000

Goundla Venkaiah and Another Vs. Mandal Revenue Officer, Rr District a ...

Court: Andhra Pradesh

Decided on: Jun-20-2000

Reported in: 2000(4)ALD311; 2000(4)ALT107

ORDERA. Gopal Reddy, J.1. This writ petition is filed challenging the order passed by the Special Court under A.P. Land Grabbing (Prohibition) Act, 1982 in LGA No.41 of 1997, dated 18-8-1998 confirming the order passed by the Special Tribunal-cum-District Judge, Ranga Reddy in OP No.421 of 1990, dated 27-5-1997.2. The respondent-State filed application under the Land Grabbing Act, 1982 before the Special Tribunal against the petitioners herein for recovery of possession of the schedule land after evicting the petitioners herein and for awarding compensation and profits and other reliefs and also to initiate criminal proceedings against the petitioners herein under the provisions of the Land Grabbing Act.3. A few facts, which are necessary to dispose of this writ petition are as follows:According to the State, as per the information furnished in the revenue records of Khanament village bearing S, No.42 measuring Ac.18.19 guntas was classified as Kharis Khata Sarkari and it is a Governme...


Jun 20 2000

M. Narsaiah Vs. Managing Director, Apsrtc, Musheerabad, Hyd. and Other ...

Court: Andhra Pradesh

Decided on: Jun-20-2000

Reported in: 2000(4)ALD581; 2000(5)ALT655; [2000(86)FLR936]

ORDER1. This writ petition is filed seeking writ of mandamus directing the respondents to release notional increments and fix the pay of the petitioner taking into account the notional increments.2. The facts leading to the filing of the case are as follows: The petitioner was working as conductor in the Andhra Pradesh State Road Transport Corporation. He was removed from service on certain cash and ticket irregularities on 17-6-1981. Thereupon he raised an industrial dispute before the Labour Court. The Labour Court by award dated 17-12-1988, on the basis of the memo filed by the parties, directedreinstatement of the petitioner into service within thirty days from 6-12-1988 with continuity of service but the Corporation should reinstate the petitioner initially as conductor on usual pay and allowances subject to production of valid conductor's licence by the petitioner.3. In pursuance of the award passed by the Additional Industrial Tribunal-cum-Additional Labour Court in ID No.39 of ...


Jun 20 2000

Pola Satyanarayana and Others Vs. Secretary, Govt. of India, Ministry ...

Court: Andhra Pradesh

Decided on: Jun-20-2000

Reported in: 2000(4)ALD403; 2000(4)ALT274; (2000)IILLJ1278AP

ORDER1. The petitioners in these two writ petitions were working as contract labourers since several years in the maintenance and operation works in electrical department under the supervision of the 3rd respondent-Executive Engineer, Electrical Department in Begumpet Airport under the administrative control of the 2nd respondent i.e., Airport Authority of India and at a time when their services were sought to be terminated on the pretext that the term of the existing contractor expired and a new contractor has been engaged to attend to the works that are being performed by the petitioners all through filed these writ petitions for issuance of a Writ of mandamus to the respondents to consider their cases for regularisation in the trades they are working without inducting fresh candidates.2. The undisputed facts of this case are that the 3rd respondent claiming to be the principal employer getting the works of maintenance and operation done by entering into contracts from time to time w...


Jun 20 2000

M. Sudhakara Rao Vs. State of A.P.

Court: Andhra Pradesh

Decided on: Jun-20-2000

Reported in: 2000(2)ALD(Cri)230; 2001CriLJ448

ORDERT. Ch. Surya Rao, J.1. Under the impugned order the learned Assistant Sessions Judge, Narasapur has sentenced the revision petitioner to pay a fine of Rs. 100/-. A case in S.C. No. 246 of 1997 was pending before the learned Assistant Sessions Judge for trial for the alleged offence under Sections 143, 354, 326, 324 and 506, I.P.C. The revision petitioner was the Investigating Officer and the case stood posted for his appearance to give evidence before the Court. In fact, summons was issued and it was served upon him. Pursuant to the said summons, the revision petitioner failed to appear before the Court on the date of adjournment. So, for his absence, the learned Sessions Judge ordered a bailable warrant to be issued. He was directed to execute a bond for Rs. 5,000/- with one surety for a like sum thereby binding himself to appear before the Court on the set date and incorporated a condition to that effect in the bond. Accordingly, he appeared before the Court not on the date fixe...


Jun 20 2000

Lingampally Venkateswarlu and ors. Vs. State of A.P., Rep. by Public P ...

Court: Andhra Pradesh

Decided on: Jun-20-2000

Reported in: 2000(2)ALD(Cri)367; 2001CriLJ2745

Ramesh Madhav Bapat, J.1. Initially accused Nos. 1 to 18 were tried by the learned IInd Additional Sessions Judge, Nalgonda for three different charges. The first charge against accused 1 to 18 was under Section 148, IPC. The learned Judge on evidence found that A-1 to A-11 guilty of the said charge and therefore, he convicted each of them and sentenced to suffer rigorous imprrisonment for one year and Accused 12 to 18 were acquitted of the said charge.2. The second charge against A-1 to A-18 was under Section 302 read with Section 149, IPC. The learned Judge found A-1 to A-11 guilty of the said charge and therefore, each of them was convicted and sentenced to suffer imprisonment for life and to pay fine of Rs. 500/-, in default to suffer simple imprisonmennt for six months. Accused 12 to 18 were acquitted of the said charge.3. The third charge against Accused 1 to 18 was under Section 307 read with Section 149, IPC for attempting to commit murder of P.W. 4. The learned Judge found Acc...


Jun 20 2000

C. Prakash Agarwal and ors. Vs. State of A.P.

Court: Andhra Pradesh

Decided on: Jun-20-2000

Reported in: 2000(2)ALD(Cri)195; 2000CriLJ4310

ORDERBilal Nazki, J.1. This is a petition under Section 482, Cr. P.C. seeking quashing of the order passed by the First Additional Metropolitan Sessions Judge, Hyderabad. The petitioners are facing trial in Crime No. 6 of 1999 under Sections 39 and 44 of the Indian Electricity Act, 1910. The allegations against them are that, when the premises belonging to them was inspected the electricity meter was found defective as it was stopping intermittently. It was also alleged that the meter was not recording the correct load position and on inspection it was found that the meter had been tampered with. The petitioners filed a bail application. The learned Metropolitan Sessions Judge directed that, in case of surrender of the petitioners before the Investigating Officer they shall be released on bail subject to executing a bond for a sum of Rs. 20,000/- with two sureties in like amount. The case of the petitioners is that, after this order was passed they were asked by the Investigating Offic...


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