Andhra Pradesh Court August 2000 Judgments
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Perumalla Koteswara Rao Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Aug-18-2000
Reported in: 2001(1)ALD(Cri)489; 2001(1)ALT(Cri)233; 2001CriLJ1904
ORDERVaman Rao, J.1. Heard both sides.2. This petition under Section 482 of Criminal Procedure Code seeks to challenge the order passed by the learned Additional Munsif Magistrate. Sathenapally, in Cri. M.P.No. 1148 of 1998 in C.C.No. 95 of 1997 under which the application filed by the petitioner-accused No. 3 in the said CC for conducting the trial in a summary way as contemplated under Section 36-A of the Drugs and Cosmeticss Act, has been dismissed.3. It would appear that the petitioner is A-3 in the said C.C.No. 95 of 1997 and is facing a charge for an offence under Section 27(c) of Drugs and Cosmetics Act. He made an application to the learned Munsif Magistrate requesting the said Magistrate to pro ceed in accordance with Section 36-A of the Drugs and Cosmetics Act and try the offence in the said CC in a summary way. 4. The petitioner faces a charge for an offence under Section 27(c) of Drugs and Cosmetics Act, which is punishable with imprisonment for a term which shall not be le...
Tanuku Municipality, Tanuku, W.G. Dist. Vs. S. Venkateswara Rao and Ot ...
Court: Andhra Pradesh
Decided on: Aug-17-2000
Reported in: 2000(6)ALD1; 2000(6)ALT689; [2000(87)FLR840]
ORDER1. The petitioner-Municipality filed this writ petition questioning the correctness of the Award of the Labour Court, Guntur in ID No.358 of 1990, dated 29-9-1995, wherein the Labour Court directed the Municipality to reinstate the petitioner with continuity of service and without back wages.2. The 1st respondent was appointed as a Driver of Road Roller belonging to the Municipality on 26-9-1980 and his services were terminated on 22-12-1986. Thereafter the Union raised a dispute with regard to the termination of the services of the 1st respondent and after failure of the conciliation proceedings the dispute was referred to Labour Court, Guntur in ID No.400 of 1987. While that ID was pending, the workman, after amendment to the ID Act by introducing Section 2-A(2) the respondent-workman filed ID No.118 of 1988 in his individual capacity. Subsequently, having realised that two IDs., cannot be maintained, he did not press for the disposal of the IDs., on merits. Thereafter, on 25-7-...
Depot Manager, Apsrtc, Pargi Bus Depot Vs. Labour Court-iii, Hyderabad ...
Court: Andhra Pradesh
Decided on: Aug-17-2000
Reported in: 2000(6)ALD95; 2000(6)ALT708; (2001)ILLJ381AP
ORDER1. Questioning the orders dated 20th May, 1993 of the Labour Court-III Hyderabad, made in MP No. 187 of 1992 directing the petitioner-Corporation to pay an amount of Rs.40,000/- under Section 33-C(2) of ID Act, 1947 (for short 'the Act'), the APSRTC filed this writ petition.2. Though the dispute is squarely convered by two Division Bench judgments of, this Court, the Standing Counsel for the petitioner-Corporation in her inimitable style tried to reopen the matter once again, which cannot be acceded to. However, as she has argued the matter, it is necessary to state the facts.3. The case of the petitioner-Corporation is that the respondent-workman was employed as a driver on daily wage basis from 21-7-1989 and during the course of his employment he was involved in an accident on 9-4-1990. Thereafter, thepetitioner was put-off duty from 10-4-1990 and a disciplinary enquiry was conducted against him for his involvement in the accident. Pursuant to the enquiry report, the services of...
E. Karunakar Reddy Vs. Mandal Revenue Officer, Triupati Rural Mandal a ...
Court: Andhra Pradesh
Decided on: Aug-17-2000
Reported in: 2001(1)ALT400
ORDERV. Eswaraiah, J.1. Heard the learned Counsel for the petitioner and the learned Government Pleader for Assignments.2. This writ petition is filed questioning the order of the 2nd respondent Revenue Divisional Officer, Tirupati made in D.Dis.No. 1304/99 dated 3-6-2000 confirming the order of the 1st respondent-Mandal Revenue Officer, Tirupathi Rural Mandal passed in Roc.A/50/98 dated 5-3-1999.3. The petitioner submits that the land in an extent of Ac. 2-38 cents bearing S.No. 494-3 situated at Avilala Village, Tirupati Rural Mandal was purchased by his grand-mother late Smt. E. Ramamma by a registered sale deed on 1-9-1969 from the allottee of the said land, who was a landless poor. The petitioner submits that at the time of purchase of the said land, his grandmother late Smt. E. Ramamma was also a landless poor, and therefore, there is no prohibition under Section 3(5) of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977. As per the said Act, if the assigned lands are p...
Munnalal (Died) by Lr Kamal Singh Vs. Urmila Devi
Court: Andhra Pradesh
Decided on: Aug-16-2000
Reported in: 2000(6)ALD73; 2000(5)ALT271
ORDER1. In this revision filed by the petitioner claiming to be the legal representative of the deceased tenant, the landlady raised an important question as to whether a finding given by the Civil Court on a reference made by the Rent Controller be challenged in an appeal under Section 20 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (hereinafter referred to as 'the Act').2. The deceased tenant, Munnalal, filed RC No.330 of 1984 on the file of theII Additional Rent Controller, Hyderabad, (Subsequently renumbered as RC No.1038 of 1986) under Sections 14 and 19 of the said Act, against the respondent-landlady claiming amenities of passage and lights. However, during the pendency of these proceedings, he died. Thereupon, the petitioner claiming to be the adopted son of the deceased filed an application in IA No.865 of 1987 to come on record as the legal representative. The landlady denied the petitioner's s claim and opposed the application. Therefore, a re...
N. Dharmaiah (Died) and Others Vs. D. Annapurna and Another
Court: Andhra Pradesh
Decided on: Aug-16-2000
Reported in: 2000(6)ALD68; 2000(5)ALT596
ORDER1. This appeal, originally filed as a revision (CRP No.2572 of 2000) and later converted, is against the orders dismissing an application seeking restoration of an appeal dismissed for default, as per orders in IA No.85 of 2000 in AS No.32 of 1997 dated 19-6-2000 on the file of the VIII Additional Chief Judge, City Civil Court, Hyderabad.2. On facts, originally, the appellant-plaintiffs, three in number, filed the suit in OS No.2288 of 1990 on the file of the IV Assistant Judge, City Civil Courts, Hyderabad, seeking declaration of title and permanent injunction in respect of the suit property consisting of a house at Kandikal gate, Hyderabad, which was ultimately dismissed. As against the said dismissal, the petitioners filed an appeal in AS No.32 of 1997. Meanwhile, the appellant No.1 died on 6-1-1999 and it is represented that an application along with delay condonation was filed in IA (SR) Nos.797 and 7987 of 1999 on 16-6-1999 and the same were pending. While so, the appellant ...
Secretary, Board of Intermediate Education Vs. P. Pallavi and anr.
Court: Andhra Pradesh
Decided on: Aug-16-2000
Reported in: 2000(5)ALT438
ORDERM.S. Liberhan, C.J.1. The 2nd respondent-Intermediate Board has preferred this appeal impugning the order dated 24-9-1999 of the learned Single Judge wherein the learned Judge, while disposing of the writ petition filed by the petitioner-student has directed the respondents to pay a sum of Rs. 10,000/- to the petitioner towards exemplary costs, within one month from the date of receipt of a copy of the order.2. The learned Counsel for the appellant has impugned the order of awarding costs by the learned Single Judge, in which a student of an impressionable age by the act of negligence was made to fail in the examination, while on recount she secured 96% of the marks. This is another extreme case of discharging the administrative functions or duties recklessly. Awarding of damages of Rs. 10,000/- on the appellant in the present age cannot be termed to be an exemplary costs. It is just and proper, in the facts and circumstances of the case, to issue a show-cause notice to the appell...
P. Buchanna Vs. Mandal Revenue Officer and ors.
Court: Andhra Pradesh
Decided on: Aug-16-2000
Reported in: 2000(5)ALT385
ORDERB. Sudershan Reddy, J.1. The petitioner in the instant writ petition prays for issuance of an appropriate writ particularly one in the nature of Writ of Mandamus declaring the proceedings of the first respondent in Roc. HDT/862/99, dated 8-2-2000 as illegal, without jurisdiction and contrary to the mandatory provisions of Act 7 of 1996.2. Before adverting to the question that falls for consideration, it may be necessary to briefly notice the facts: The petitioner claims to be the owner of an extent of Ac. 5.00 of land in Survey No. 74/3 of Pothapolu Revenue village. It is stated that there is a bore-well dug by the petitioner in the said land in the year 1991 for the purpose of cultivation of the land. In the month of March, 1998 the Government got a bore-well sunk nearby the agricultural lands of the petitioner which has resulted in depletion of water source in the petitioner's bore-well. Therefore, the petitioner was constrained to dig another bore-well in his land at a distance...
Sri Gayathri Finance Corporation, Rayavaram and Others Vs. Union of In ...
Court: Andhra Pradesh
Decided on: Aug-14-2000
Reported in: 2000(6)ALD88; 2000(5)ALT650
ORDERB. Subhashan Reddy, J.1. Atissue, in this Batch of writ petitions is the constitutional validity of the amended Section 45-S of the Reserve Bank of India Act, 1934 (hereinafter referred to as 'the Act') incorporated by Section 9 of the Reserve Bank of India (Amendment) Act, 1997.2. The petitioners in all the cases deal in the business relating to finance. They are mostly the firms and are in some cases individuals. Petitioner No.l inWPNo.17081 of 1997 is Nellore District Auto Financiers Welfare Association, while the rest of the petitioners are its members. In WPNo.29426 of 1997 the Krishna District Auto Financiers Association, Vijayawada, represented by its President is the petitioner. It leads on behalf of all its members, who deal in the business of finance, which includes hire purchase etc.3. Section 45-S of the RBI Actenacted to regulate the deposits made by the persons either an individual or a firm or an unincorporated association of individuals. Maximum ceiling was imposed...
Nalluri Saraswati (Died) and Others Vs. Nalluri Bhushaiah
Court: Andhra Pradesh
Decided on: Aug-13-2000
Reported in: 2000(5)ALD271
ORDER1. Heard the Counsel for the petitioner.2. The civil revision petition is filed against the orders of the executing Court dismissing the EP on the basis of a memo filed by the petitioner herein stating that she is the only legal representative of the deceased judgment-debtor and merger of interest took place, after hearing one Kalluri Nagalakshmi and Kamepalli Anjani Kumari who filed EA No.422 of 1991 and EA No.523 of 1991 seeking stay of execution petition filed by the petitioner herein on the ground that they filed suits against the judgment debtor for recovery of the monies due to them from the judgment-debtor.3. This revision need be kept pending and it can be disposed of at the SR stage itself.4. The petitioner before this Court is no other than the wife of the deceased Bhushaiah and she filed a suit for maintenance in the year 1976. After the suit was decreed, she filed EP No.132 of 1987 for recovery of Rs.46,671/- by selling the property of the judgment-debtor which was und...
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