Andhra Pradesh Court September 2000 Judgments
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M.Anasuya and Others Vs. Neuclear Fuel Complex, Hyd. and Others
Court: Andhra Pradesh
Decided on: Sep-25-2000
Reported in: 2000(6)ALD474; 2000(6)ALT598
ORDER1. It is rather astonishing to note that senior officers working in the Neuclear Fuel Complex at Hyderabad, a constituent unit of Department of Atomic Energy, which is directly under the administrative control of the Hon'ble PrimeMinister, not only violated the law of the land with impunity but also showed defiant attitude towards the orders passed by this Court apart from obtaining orders from this Court to the detriment of the working class by swearing in to false affidavits and misleading this Court without placing the real facts before this Court from time to time as pet their convenience. Their actions can be summed up in one word i.e., they have no respect either for the law or for the truth leave apart the compliance of the commands of the Courts as declared by the apex Court as well as this Court. They are under the impression that King can do no wrong and the laws made by the Parliament are not applicable to them but someone else. Unfortunately, as these organisations hap...
Union of India (Uoi) by Its General Manager, S.C. Railway Vs. T. China ...
Court: Andhra Pradesh
Decided on: Sep-25-2000
Reported in: 2001(1)ALT280
B. Prakasha Rao, J.1. The Union of India, through the South Central Railways, is the appellant which seeks to challenge the orders in O.A.A. No. 116 of 1997 dated 8-5-1998 of the Railway Claims Tribunal, Secunderabad.2. The respondents laid a claim for compensation of Rs. 2,00,000/- for the death of the deceased in an accident which occurred on 26-9-1997. The applicants are the legal heirs of the deceased. The deceased while traveling from Vijayawada to Anaparthi by Train No. 431 i.e., Vijayawada-Kakinada fast passenger accidentally slipped and fell down from the train at the North cabin of Anaparthi Railway Station and died on the spot.3. The appellant contested the claim on the ground that the deceased was run over by the train while crossing the railway track. All other allegations were denied putting the applicants to proof, including on the bona fides of the deceased as a passenger.4. During the enquiry, both sides let in evidence. As per Ex. A-5, the certificate issued by the Man...
Union of India (Uoi) by General Manager, South Central Railway Vs. T. ...
Court: Andhra Pradesh
Decided on: Sep-25-2000
Reported in: 2002ACJ751
B. Prakasha Rao, J.1. The Union of India, through the South Central Railway, is the appellant which seeks to challenge the orders in O.A.A. No. 116 of 1997 dated 8.5.1998 of the Railway Claims Tribunal, Secunderabad.2. The respondents have laid a claim for compensation of Rs. 2,00,000 for the death of the deceased in accident which occurred on 26.9.1997. Applicants are the legal heirs of the deceased. The deceased while travelling from Vijayawada to Ana-parthi by train No. 431, i.e., Vijayawada-Kakinada Fast Passenger, accidentally slipped and fell down from the train at the north cabin of Anaparthi Railway Station and died on the spot.3. The appellant contested the claim on the ground that the deceased was run over by the train while crossing the railway track. All other allegations were denied putting the applicants to proof, including on the bona fides of the deceased as a passenger.4. During the inquiry, both sides let in evidence. As per Exh. A-5, the certificate issued by the Man...
Bhojanapu Narasimhulu Vs. Bhojanapu Surendra and Others
Court: Andhra Pradesh
Decided on: Sep-21-2000
Reported in: 2001(1)ALD509; 2001(1)ALT208
ORDER1. CRP No.290 of 1997 has been held by the petitioner (3rd defendant) having been aggrieved by the order dated 16-10-1996 passed by the Subordinate Judge, Piler in OS No.104 of 1995. CRP No.3089 of 1997 is also filed by the very same petitioner (3rd defendant) challenging the order dated 17-7-1997 in CMA No.10 of 1997 passed by the Subordinate Judge, Piler.2. For the sake of convenience the parties to these revisions are referred to as they are arrayed in the trial Court.3. It would be necessary to narrate the facts giving rise to the filing of the two revisions which are as follows:- The plaintiff filed the suit OS No.104 of 1995 on the file of the District Munsif, Vayalpad for permanent injunction restraining the defendants from interfering with their peaceful possession and enjoyment of the plaint schedule property. The defendants took the preliminary objection that the suit is not correctly valued stating that the suit property as per the valuation certificate issued by the Su...
Global Trust Bank Ltd., Sec'bad Vs. Kakateya Cement Sugar and Industri ...
Court: Andhra Pradesh
Decided on: Sep-21-2000
Reported in: 2000(6)ALD135; 2000(6)ALT130
ORDERC.Y. Somayajulu, J.1. M/s. Kakatiya Cement Sugar & Industries Limited (hereinafter referred to as the plaintiff), which is the first respondent in all these proceedings, filed OS No.333 of 1999 on the file of the Court of the III Senior Civil Judge, Secunderabad, seeking a mandatory injunction against the Global Trust Bank (hereinafter referred to as the defendant), which is the appellant in CMANo.3422 of 1999, second respondent in CMA No.3527 of 1999 and CRP No.5742 of 1999, to implement its instructions dated 27-9-1999 by directing it to transfer the credit balance in its deposit account to its current account, and filed IA No.1365 of 1999 in the said suit seeking an injunction restraining the defendant from disbursing any amount in its deposit account to anybody. An ex parte ad-interim injunction was granted therein against the defendant directing the defendant not to disburse the amount of Rs.200 lakhs kept in fixed deposit by the plaintiff on 10-10-1996 by way of escrow arran...
P. Purushotham Reddy Vs. Managing Director, Patc, Vellore, Tamil Nadu
Court: Andhra Pradesh
Decided on: Sep-21-2000
Reported in: 2002ACJ1011; 2000(6)ALD104; 2000(5)ALT716
ORDERGhulam Mohammed, J.1. Theinjured/appellant filed the present appeal against the award in MVOP No.152 of 1992 of Motor Accidents Claims Tribunal, Chittoor, awarding a sum of Rs.3,59,200/-towards injuries sustained by the appellant and applying the theory of contributory negligence on both parties and thus making the respondent liable to pay the 50% of the awarded amount.2. It is contended in the present appeal that in the absence of any cogent and categorical evidence and particularly in view of non-examination of the driver of the bus who was solely responsible for the accident and who was the actual person to speak about the accident. The Tribunal ought not to have applied the theory of contributory negligence. It is also contended that the finding of the Tribunal regarding contributory negligence on the part of the injured is unwarranted and unjustified in the given situation. The brief facts of the case areas follows:That on 25-9-1991 at about 8-30 a.m., the petitioner was proc...
S. Srinivas Vs. Labour Court-i at Hyderabad and Others
Court: Andhra Pradesh
Decided on: Sep-21-2000
Reported in: 2000(6)ALD212; 2000(6)ALT685; [2001(88)FLR195]
ORDER1. The petitioner who was appointed as Telephone Attender in the office of the third respondent filed an application before the Labour Court-I, Hydrabad under Section 33-C(2) of the Industrial Disputes Act, 1947 (hereafter called 'the Act') claiming difference in salary from 1-5-1983 to 30-6-1987 stating that though he was appointed as Telephone Attender, the third respondent was utillising his services as Filter Operator without paying the salary attached to the said post. The Labour Court dismissed the application on the ground that at no point of time the petitioner made any representation seeking enhanced salary. Aggrieved by the said order, this writ petition is filed.2. The Counsel for the respondents tried to justify the order passed by the Labour Court, which according to me, has no legs to stand.3. The first ground of rejection taken by the Labour Court is that the application was filed in the year 1993 though the petitioner ceased to be Filter Operator six years back. Th...
Sri Kanyaka Metal Mart Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Sep-21-2000
Reported in: [2001]123STC468(AP)
P. Venkatarama Reddi, J.1. The petitioner filed an appeal against the assessment order belatedly. The petition for condonation of delay was rejected by the Appellate Deputy Commissioner. Against that order the petitioner preferred an appeal to the Tribunal again with delay. That petition was being adjourned from time to time. On December 4, 1990 it was dismissed for default as there was no representation. It is the case of the petitioner that the counsel came a little late on account of vehicle breakdown and by that time, the petition was dismissed for default. The Tribunal was not prepared to accept this explanation. The Tribunal observed that if that was the fact, nothing prevented the petitioner from filing a restoration petition immediately or within a reasonable time. The petitioner waited for 10 months for filing the restoration petition. The explanation given by the learned counsel for the petitioner is that on receipt of certified copy of the order dated December 4, 1990 the pe...
Managing Committee, Wakf Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Sep-21-2000
Reported in: 2000(5)ALT626
ORDERB. Sudershan Reddy, J.1. The petitioner in the instant writ petition challenges the validity of G.O. Ms. No. 136, Minorities Welfare (Wakf-I) Department, dated 13-7-2000 issued by the first respondent-State Government. The same shall hereinafter be referred as the impugned order.2. In the affidavit filed in support of the writ petition it is stated that originally the Jamia Mosque, Jaggayyapet. (hereinafter referred as 'the Institution') is a notified Wakf under the Towliath of one Mohd. Rafiuddin. The notified Mutawalli Mohd. Rafiuddin died on 19-10-1989 leaving behind him three daughters. The Wakf Inspector having inspected the Institution on 6-11-1993 submitted a report in this regard. The President of the Krishna District Wakf Committee by his report dated 5-1-1990 reported to the Wakf Board stating that the notified Mutawalli died without any male issue. It is stated that late Mohd. Rafiuddin made a declaration to the effect that the succession in the office of the Mutawalli ...
Medikonda Narasamma and Others Vs. Shaik Basheer Ahmed and Others
Court: Andhra Pradesh
Decided on: Sep-19-2000
Reported in: I(2001)ACC560; I(2002)ACC688; 2002ACJ688; 2001(1)ALD1; 2000(6)ALT750
ORDER1. This appeal has filed by the claimants in OP No.41 of 1989 on the file of Motor Accidents Claims Tribunal, West Godavari District, Eluru.2. The facts of the case in brief are as follows:On 13-6-1988 at about 11.00 a.m. a lorry bearing No.AHK 2349 was stationed in a narrow lane before the Transport Office, Tanuku. It was stationed precariously and in slanting position. The 1st respondent is the Driver of the lorry. The lorry was loaded with cotton bales and it is stated that they were not tightly fastened. The height of the lorry with load is 14' from the ground level, which is in violation of the Motor Vehicles Rules. When the hamalies climbed the lorry, one of the heavy cotton bales, which was in loose condition, slipped and fell on the deceased, who was standing on the road margin. He sustained a fatalinjury and while he was being taken to the hospital, he died on the way. The 2nd respondent is the owner of the Lorry. The 3rd respondent is the Transport Corporation and 4th re...
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