Andhra Pradesh Court September 2000 Judgments
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Narra Koteswara Rao Vs. Appellate Authority Under Payment of Gratuity ...
Court: Andhra Pradesh
Decided on: Sep-29-2000
Reported in: 2001(1)ALD66; 2000(6)ALT320; [2002(94)FLR698]; (2001)ILLJ685AP
ORDER1.The petitioner invoked thejurisdiction of this Court under Article 226 of Constitution of India for issuance of a writ of certiorari for calling the records and quash the order dated 28-2-2000 made in PGA No.5 of 1999 on the file of the first respondent by declaring as illegal arbitrary and contrary to the provisions of the Payment of Gratuity Act, 1972.2. The petitioner who worked as Manager (Administration) of the third respondent company moved the second respondent for payment of gratuity under Section 4 of the Payment of Gratuity Act (for short PG Act, 1972) by filing an application under Section 7(4) of the PG Act, 1972 read with Rule 10(1) of A.P. Payment of Gratuity Rules. The second respondent by his order dated 5-9-1999 dismissed the application holding that he had no jurisdiction to entertain the application as the third respondent establishment is having offices in several States and advising the petitioner to file a claim petition before the Assistant Commissioner of...
Coromandal Fertilizers Limited, Secunderabad Vs. Presiding Officer, In ...
Court: Andhra Pradesh
Decided on: Sep-29-2000
Reported in: 2000(6)ALD358; 2000(6)ALT150; [2001(88)FLR99]
1. Heard both sides.2. In this writ petition under Article 226 of the Constitution of India, the petitioner seeks to challenge the order dated 6-4-1999 of the Chairman, Industrial Tribunal and Presiding Officer, Labour Court, Visakhapatnam in EP No. 18 of 1998 in ITID No.6 of 1989 under which the learned Judge decided against the petitioner herein two questions raised as objections to the execution of an award in ID No.6 of 1989 under which the execution petitioner-respondent No.2 herein claims to be a beneficiary and seeks a direction in the nature of writ of prohibition against respondent No.1 from proceedings further in EP No.18 of 1998 in ITID No.6 of 1989.3. The essential facts leading to filing of this writ petition may be stated briefly as follows:The petitioner is a public limited company incorporated under the Companies Act, 1956 with its registered office at Secunderabad. It is engaged in the business of manufacture and sale of fertilizers. They have a factory at Malkapuram a...
Golikota Reddy Vs. Goli Raja Gopala Reddy and Others
Court: Andhra Pradesh
Decided on: Sep-29-2000
Reported in: 2000(6)ALD449; 2000(6)ALT580
ORDER1. This is a revision against an order by which the Executing Court has kept in abeyance an order passed by it earlier. By the earlier order in EA No.98 of 2000 in OS No.220 of 1991, the Court had directed :'11-2-2000 Petition is allowed. SI of Police of Chintalapudi shall give necessary police aid for implementing the civil Court decree passed in OS No.220 of 1991 dated 30-10-1999 by the Prl. Sub-Court, Eluru.' Thereafter, it appears that the judgment-debtor moved an application on which an order was passed on 14-2-2000 as under:'14-2-2000 Call on 15-2-2000 for counter. Till such time police aid is kept in abeyance subject to the condition that the petitioner shall not cut and remove the coconuts and turmeric.' This order is now challenged in this revision petition,2. Before the controversy is resolved certain facts are needed to be gone into. In a suit for injunction a decree was passed by the trial Court in the following terms:'In the result, the suit is decreed in part with ...
Garuda Sakuntala Vs. A.V.M. Jagga Rao (Died) by Lrs. and Others
Court: Andhra Pradesh
Decided on: Sep-29-2000
Reported in: 2000(6)ALD634; 2000(6)ALT396
1. This Civil Miscellaneous appeal is filed by the appellant/plaintiff against the order dated 27-1-1997 in IA No.100 of 1993 in OS No,30 of 1987 passed by the I Additional Subordinate Judge, Visakhapatnam.2. The case of the appellant is that she filed the suit for recovery of an amount of Rs.1,05,550/- against the respondents/ defendants. The suit was posted to 15-2-1993 for trial on payment of costs ofRs.60/- by the appellant to the other side. According to the appellant, she paid the costs of Rs.60/- to the Counsel appearing for the respondents and a memo was filed to that effect under GR No.799. The appellant stated in her affidavit filed in support of the petitioner in IA No.100 of 1993 that she filed a petition to send for the power of attorney, executed by Smt. Anikitam Ramadevi Bhanojirao in favour of the deceased first defendant- A.V.N. Jaggarao, from the office of the Sub-Registrar, Hyderabad, and that petition is neither numbered nor returned. According to her, her husband G...
Divisional Manager, Apsrtc, Mushirabad, Hyderabad Vs. Zaheera Begum an ...
Court: Andhra Pradesh
Decided on: Sep-29-2000
Reported in: 2002ACJ1804; 2000(6)ALD457; 2000(6)ALT408
ORDER1. This appeal is preferred by the APSRTC against the award of the Tribunal in OP No.625 of 1989 dated 12-12-1991 contending that the deceased was partly responsible for the occurrence of the accident as he has crossed the road without due care and caution. The dependents of the deceased filed OP 625 of 1989 under Section 166 of the Motor Vehicles Act claiming a compensation of Rs.3,00,000/- and on appreciation of facts and circumstances and evidence on record the Tribunal granted a sum of Rs.2,00,000/-together with interest of 12%. The brief facts of the case are as follows:That on 26-7-1989 the deceased was going to Fateh Maidan for football practice and while crossing the road in front of Harsha Hotel at Nampally at 2-30 p.m., a bus bearing No.AAZ 3580 proceeding from Gandhi Bahvan towards Public Garden driven in a rash and negligent manner dashed against the deceased, as a result the deceased received multiple injuries all over the body and was shifted to Osmania General Hospi...
Makka Raja Sekhar and Others Vs. Registrar, Andhra University, Waltair ...
Court: Andhra Pradesh
Decided on: Sep-29-2000
Reported in: 2000(6)ALD639; 2001(1)ALT76
ORDER1. The three writ petitioners, Makka Rajasekhar (Roll No.95129), Narasimha (Roll No.95138) and Chandu Lakshmi Srinivas (Roll No.95120), appeared for the final year examinations of Five Year Law Course, through Sir C.R. Reddy Law College, Eluru, along with other students in April 1999 conducted by the Andhra University-respondent herein. Along with other subjects, the petitioners appeared for the examination in one of the compulsory subjects, viz., 'Principles of Legislation, Legislative Drafting and Interpretation ofStatutes' (for short 'the subject'). All of them are declared to have passed the said examination in the results announced by the University. Initially, in the results declared, first petitioner was declared to have passed and secured 53% in the 'subject' and failed in Taxation subject by securing only 16% marks. The University seems to have sent a communication to Sir CRR Law College, Eluru, bearing No-B.IV (5) Misc./ 2000, dated 13-3-2000, to collect the marks memora...
Divisional Manager, Andhra Pradesh State Road Transport Corporation Vs ...
Court: Andhra Pradesh
Decided on: Sep-29-2000
Reported in: II(2003)ACC263
Ghulam Mohammed, J.1. This appeal is preferred by the A.P.S.R.T.C. against the award of the Tribunal in O.P. No. 625 of 1989 dated 12.12.1991 contending that the deceased was partly responsible for the occurrence of the accident as he has crossed the road without due care and caution. The dependants of the deceased filed O.P. No. 625 of 1989 under Section 166 of the Motor Vehicles Act claiming a compensation of Rs. 3,00,000/- and on appreciation of facts and circumstances and evidence on record the Tribunal granted a sum of Rs. 2,00,000/- together with interest of 12 per cent, The brief facts of the case are as follows:That on 26.7.1989 the deceased was going to Fateh Maidan for football practice and while crossing the road in front of Harsha Hotel at Narnpally at 2.30 p.m., a bus bearing No. AAZ 3580 proceeding from Gandhi Bhavan towards Public Garden driven in a rash and negligent manner dashed against the deceased, as a result the deceased received multiple injuries all over the bod...
G. Varalakshmi and Others Vs. Apsrtc, Hyderabad
Court: Andhra Pradesh
Decided on: Sep-28-2000
Reported in: 2001(1)ALD101; 2000(6)ALT284
ORDER1. This civil miscellaneous appeal is filed by the appellants/petitioners in OP No.229 of 1991 on the file of Motor Accidents Claims Tribunal, Rangareddy District. Appellant No.1 is the wife and appellants 2 and 3 are the children of G. Satyanarayana, who died in a road accident on 25-3-1991. 2. The brief facts: On 25-3-1991 at about 10.30 a.m., the deceased Satyanarayana was proceeding to his office as a pillion rider on the scooter bearing No.AHO 4918, driven by one M. Gururajachary. When the scooter readied near the electrical sub station of G.S.I. complex, one RTC bus bearing No. AEZ 2134 came in the opposite direction and dashed against the scooter, as a result of which Satyanarayana and the driver of thescooter died on the spot. The appellants filed the OP in the Tribunal claiming a total compensation of Rs.3,00,000/- under various heads. The Tribunal, considering the evidence on record, held that the accident took place due to 50% negligence of the driver of the RTC bus and...
S. Vijaya Kumar Vs. State Bank of India, Hyd.
Court: Andhra Pradesh
Decided on: Sep-28-2000
Reported in: 2000(6)ALD511; 2000(6)ALT196; [2001(88)FLR782]; (2001)ILLJ809AP
ORDERBilal Nazki, J.1. This matter is pending in the Courts from 1983. Three times the High Court decided the matter and on appeal each time the Supreme Courtremanded the matter back to the High Court. Now, this is the fourth occasion that the matter is being heard by this Court. For the first time the High Court pronounced its judgment in Writ Petition No.194 of 1983 on 26th November, 1987. The petitioner was appointed a Probationary Officer Grade-I on 7-12-1971 by the Executive Committee of the Bank and confirmed against the said post. In pursuance of a disciplinary enquiry he was dismissed from service for charges of misconduct by an order dated 22-12-1982. This order had been passed by the Chief General Manager. The order was challenged and the High Court quashed the order on the ground that the Chief General Manager was not competent authority to pass the order of dismissal. This judgment was challenged before the Supreme Court. The Supreme Court held that the Chief General Manage...
intellectuals Forum, Tirupathi Vs. State of A.P. and Another
Court: Andhra Pradesh
Decided on: Sep-28-2000
Reported in: 2000(6)ALD435; 2000(6)ALT98
ORDERN.V. Ramana, J.1. A registered society called 'The Intellectual Forum, Tirupathi', has filed these two writ petitions. Writ Petition No.7955 of 1994 is tiled against the respondents-State of Andhra Pradesh and the Tirumala Tirupathi Devasthanams seeking a writ of mandamus directing them not to use the 'Peruru tank' for any other purpose than for what it is meant, viz., the storage and percolation purposes, by setting aside G.O. Ms. No.181, Revenue Department, dated 15-3-1991, declaring the same as illegal, arbitrary and violative of Article 21 of the Constitution of India. The second one, Writ Petition No.8650 of 1994, is filed initially against the very same respondents to set aside G.O. Ms. No.84, Revenue Department, dated 28-1-1994 issued by the State of Andhra Pradesh and to direct the respondents to restore the 'Avilala tank' situate at Avilala as a percolation tank in its entirety and further direct the respondents not to alienate or assign the 'Avilala tank' for any other p...
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