Andhra Pradesh Court September 2000 Judgments
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G. Chinaswamy Naidu Vs. K. Padmanabhaiah
Court: Andhra Pradesh
Decided on: Sep-15-2000
Reported in: 2000(6)ALD92; 2000(5)ALT443
ORDER1. Heard Sri R.S. Srinivas, learned Counsel for the petitioner and Sri P. Govinti Reddy, learned Counsel for the respondent and perused the order under revision.2. What weighed with the learned District Judge, Chittoor District, to order transfer OP No.410 of 1998 filed by the respondent herein is explicity stated by the learned District Judge himself in paragraph (6) of the order which reads as under:'It is the undisputed fact that the decree holder is the father of Sri G. Gumswamy Naidu, a leading practitioner before the Junior Civil Judge's Court, Pakala. For disposal of any matter pending before any Court, the Presiding Officer, the Advocates of both sides as well as parties has to co-operate. When the son of the decree holder having considerable work in the Court, naturally the Presiding Officer may have an impression that if the matter goes against the decree holder, his son may not co-operate in the day today proceedings and it is but natural for the judgment debtor for hav...
Velagapudi Satyanarayana Vs. District Collector, Nalgonda and Others
Court: Andhra Pradesh
Decided on: Sep-15-2000
Reported in: 2000(6)ALD153; 2000(6)ALT392
ORDER1. This writ petition is filedseeking a direction to call for the records of the 1st respondent containing the impugned proceedings Case No.C3/District Collector / Rev/6/89 dated 13-8-1990 and to quash the same as illegal and without jurisdiction.2. It is stated by the petitioner that he is the absolute owner and possessor of an extent of Ac.6.25 guntas of land out of Survey Nos.43, 188, 189 and 190 of Malkapnram village, Rammamtapet Mandal of Nalgonda District and has been in exclusive possession and enjoyment as owner of the said lands and his name is also recorded in the village Records for the last over 20 years. In the year 1975-76, the Revenue Divisional Officer being the Jamabandi Officer, also approved the mutation of the said lands in his name.3. It is further stated that some time in the year 1988 the respondents 2 to 7 herein tried to interfere with his possession of the said land without having any right, title and interest therein. Hence he filed a civil suit in OS No...
Apcob Staff Union, Hyderabad Vs. A.P. State Co-operative Bank Ltd., Hy ...
Court: Andhra Pradesh
Decided on: Sep-15-2000
Reported in: 2000(6)ALD348; 2000(6)ALT531
ORDER1. The petitioner is a registered trade union operating in the respondent bank, registered under Trade Union Act and the Secretary of the petitioner Union filed the present writ for mandamus declaring the action of the respondents as illegal and arbitrary in not regularising the services of the daily wage attenders as per the settlement dated 12-5-1993, and for a consequential direction to regularise the services of thepetitioners with effect from May, 1997 with consequential benefits.2. In the affidavit filed in support of the writ petition, it is stated that the Andhra State Co-operative Bank Limited, Vijayawada and Hyderabad Co-operative Apex Bank Limited, Hyderabad were amalgamated and A.P. State Co-operative Bank Limited was established by Andhra Pradesh State Co-operative Bank (Formation) Act, 1963. The Andhra Pradesh State Co-operative Bank was registered as Co-operative Society under Section 10 of Andhra Pradesh (Andhra Area) Co-operative Societies Act VI of 1932 and came ...
Sujana Steels Ltd. Vs. Commr. of Cus. and C. Ex. (Appeals), Hyderabad
Court: Andhra Pradesh
Decided on: Sep-15-2000
Reported in: 2002(141)ELT343(AP)
ORDERS.R. Nayak, J.1. The main question that arises for our consideration and decision in this Writ Petition is whether the Central Warehousing Corporation is obliged in law to release the goods in question stored in Inland Container Depot (I.C.D.), Hyderabad to the petitioner Company without payment of storage and demurrage charges by force of the Final Order No. 1568/99, dated 29-6-2000 [2000 (115) E.L.T. 539 (Tribunal)] of the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT), South Zonal Bench at Madras, wherein it was held that the Petitioner Company is not responsible for the detention of storage of goods from 16-10-1996 and as per the Certificate for Clearance dated 5-10-1999 issued by the Assistant Commissioner of Customs, Container Freight Station, Kukatpally, Hyderabad.2. The background facts out of which the above question arises for decision be firstly noted in brief. They are : The petitioner-Company during the course of their trade activity, negotiated with M/...
Namathoti Sankaramma Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Sep-15-2000
Reported in: 2000(2)ALD(Cri)588; 2001(1)ALT(Cri)17; 2000CriLJ4831
ORDERVaman Rao, J.1. Heard both sides.2. In this criminal petition, the docket order passed by the learned Sessions Judge dt. 29-5-2000 in Cri. P. No. 178 of 2000 filed under Section 5 of the Limitation Act under which the application for condoning the delay in presenting criminal revision petition filed by the complainant-petitioner herein is said to have been dismissed is assailed.3. It may be mentioned at the out set that though the learned Sessions Judge is purported to have passed an order under Section 5 of the Limitation Act, the concluding portion of the order would suggest that: he proceeded as if he has condoned the delay in filing the revision petition and made his observations and orders on the merits of the case. This is obvious from the concluding part of his order, which is extracted below Further by virtue of Section 210(2) of Cr.P.C. both the matters can be clubbed together and tried together treating as if both the cases are instituted on a police report.'4. Under the...
Koppula Narasaiah and Another Vs. Government of A.P. and Others
Court: Andhra Pradesh
Decided on: Sep-14-2000
Reported in: 2000(6)ALD299; 2000(6)ALT337
ORDER1. All these writ petitions involve same question of law and the facts are also the same. It is, therefore, convenient to dispose all of them by this common order. Accordingly, common order shall dispose of all these ten writ petitions. The facts are in a very narrow compass and indeed, but for giving a clarification wherever necessary, the respondents have not disputed the facts.2. The necessary facts are as follows. The land owned by the petitioners was acquired under the provisions of the Land Acquisition Act, 1894 ('the Act' for brevity) as amended by the Nagarjunasagar Project (Acquisition of Land) Act, 1960. Awards were duly passed and the amount was disbursed to the owners. In some cases, the owners sought reference to the civil Court under Section 18 of the Act and after the award of the civil Court, enhanced compensation was also paid. In all the cases, awards were passed long age, that is to say, about 20-25 years age. The particulars are as follows:Sl. No.W.P. No.Partic...
Parvathi G. Vs. A.P.S.R.T.C. and anr.
Court: Andhra Pradesh
Decided on: Sep-14-2000
Reported in: 2000(5)ALT714; (2001)IIILLJ208AP
ORDERD.S.R. Varma, J.1. This writ petition is filed for a Writ of Mandamus declaring the action of the respondents in not considering the case of the petitioner for the post of Cleaner, Shramik/Sweeper/Attender or for any suitable post on compassionate grounds, as illegal, unjust and arbitrary and consequently direct the respondents to consider the case of the petitioner for the abovesaid posts on compassionate grounds forthwith.2. The case of the petitioner is that her husband, who was a Mechanic in the respondent-Corporation died in harness on December 26, 1998 and accordingly she made an application for appointment on compassionate grounds. The grievance of the petitioner is that the respondents are not considering her case for appointment to the post of Cleaner on the ground of gender.3. The learned Standing Counsel appearing for the respondent - Corporation submitted that in view of the Circular No. PBD-30/2000 dated May 5, 2000, the women were not eligible for the post of Cleaner...
Mandagiri Keshava Rao and anr. Etc. Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Sep-14-2000
Reported in: 2000(2)ALD(Cri)772; 2001CriLJ1360
Bilal Nazki, J.1. In Sessions Case No. 78/ 91, accused A1, A5,A6,A7, A8 and A10 were convicted by the learned Sessions Judge under Section 395, Indian Penal Code and they were sentenced to ten years imprisonment. They were also fined with Rs.5,000/-each, in default they have to undergo two years simple imprisonment. A motor car No. APG 6689 which allegedly was used in the commission of offence was confiscated under Section 452, Cr. P.C. Three different appeals have been filed. One is filed on behalf of A1 and A5, another is filed by A6, A7, A8 and A10, and the third appeal is filed against the order of confiscation of vehicle by A5. All the appeals were taken together for hearing, arguments were heard and they are decided by this common judgment.2. There were ten accused in all who were sent to the Court for facing the trial. During the pendency of trial two accused A4 and A9 absconded, charge was split and a separate S.C. No. 4/93 was registered against them. A2 and A3 also absconded,...
A.P. State Co-op. Credit Societies Secretaries and Employees Union, Kr ...
Court: Andhra Pradesh
Decided on: Sep-13-2000
Reported in: 2000(6)ALD165; 2000(6)ALT494
ORDER1. In this writ petition this Court is called upon to decide as to whether the General Manager of a Co-operative Central Bank Limited is empowered to transfer the paid Secretaries working in the Societies affiliated to the Bank, more so in the light of unreported judgments of this Court in Writ Petition No.15845 of 1992 dated 12-2-1993 rendered by Sri Y. Bhaskara Rao, J., (as he then was), Writ Petition No.9637 of 1995 dated 27-10-1996 rendered by Sri C. V.N. Sastri, J. (as he then was) and in Writ Petition No.2638 of 1996 dated 3-12-1996 rendered by Sri D.H. Nasir, J., (as he then was).2. The A.P. State Co-operative Credit Societies Secretaries and Employees Union, Krishna District, Machilipatnam, represented by its President, filed this writ petition espousing the cause of paid Secretaries affected by the transfer orders passed by the 3rd respondent-General Manager.3. Heard the learned Counsel for boththe parties.4. The relief sought for in this writ petition is sought to be con...
Oriental Insurance Co. Ltd. Vs. B. Lakshmamma and ors.
Court: Andhra Pradesh
Decided on: Sep-13-2000
Reported in: 2000(6)ALT634
G. Bikshapathy, J.1. Common questions of law arise in all the C.M.As. Hence, they are disposed of by a common judgment.2. The issue that falls for consideration in these appeals is:'Whether the Insurer is liable for compensation in respect of gratuitous passengers in a goods vehicle under the provisions of Motor Vehicles Act, 1988'3. In C.M.As. except C.M.A. Nos. 1266/99, 654/99 and C.M.A. Sr. No. 95539 of 1998, the factual matrix is that on 7-9-1996 while the lorry bearing No. AAQ 7899 was crossing the Papagni River cause way, it had capsized resulting in number of deaths. Therefore, the dependents of the deceased, laid claims under 'no fault liability; Under Section 140 of Motor Vehicles Act, 1988. The learned Tribunal allowed the claims for a sum of Rs. 50,000/- being the amount permissible under 'no fault liability' together with interest @ 12 per cent per annum from the date of the petition till the date of payment. The Tribunal also observed that the goods vehicle was comprehensi...
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