Andhra Pradesh Court September 2000 Judgments
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N. Sanjiva Rao Vs. Regional Joint Director of School Education, Guntur ...
Court: Andhra Pradesh
Decided on: Sep-12-2000
Reported in: 2000(5)ALD521; 2000(5)ALT327
ORDERS.R. Nayak, J.1. The question that arises in this writ appeal is whether a teacher or a member of the non-teaching staff employed in any private institution can be placed under suspension in contemplation of or pending departmental enquiry for a period more than 4 months under any circumstance in the teeth of the bar contained under sub-section (3) of Section 79 of the A.P. Education Act, 1982 (for short 'the Act'). Incidentally, the question whether the bar contained in clauses (a) and (b) of sub-section (3) of Section 79 of the Act is mandatory or directory only also arises. These questions arise for our consideration and decision in the following factual background.2. The appellant was appointed as Head Master of the Krista Cement Works Employees Educational Society High School, the third respondent herein on 11-11-1982 and the post of Head Master is admitted to grant-in-aid. When the appellant was serving as Head Master of the third respondent-School, the Secretary and Corresp...
V.V. Narayana Murthy Vs. Chairman-cum-managing Director, New India Ass ...
Court: Andhra Pradesh
Decided on: Sep-12-2000
Reported in: 2000(5)ALD704; 2000(5)ALT690
ORDER1.The petitioner, who was working as Divisional Manager under the administrative control of the 3rd respondent Regional Manager who is under the administrative control of respondents 1 and 2 filed this writ petition seeking issuance of a writ of mandamus declaring the action of the respondents in not considering his case for promotion to the post of Deputy Manager, a post to be filled up on the basis of seniority-cum-merit basis during 1994-95 and 1995-96 as illegal and consequently to extend all the benefits including seniority, promotion, difference in pay and to pass such other order or orders as the Hon'ble Court may deem fit and proper.2. During pendency of writ petition, he filed WPMP No.19857 of 1996 seeking a direction to the respondents to consider his case for promotion to the post in the review exercise that was taken by the respondents to fill up 5 vacancies and this Court by order dated 14-8-1996 directed the respondents concerned to consider his case if he fulfills a...
K. Rama Sastry Vs. Government of Andhra Pradesh and Others
Court: Andhra Pradesh
Decided on: Sep-11-2000
Reported in: 2000(5)ALD601; 2000(5)ALT392
ORDER1. All the four writ petitions arise out of an existing dispute as to the right to manage an Aided Elementary School in Bhattiprolu. The issues that arise in the writ petitions are interconnected. The petitioner is the same and the respondents are educational authorities. Therefore, the writ petitions are proposed to be disposed of by this common order. The parties are referred to by their status in WP No.21601 of 1997.2. One K. Subrahmnyam started an Elementary School in Bhattiprolu village in 1940. The school known as Aided Elementary School (K.S.), (hereinafter called 'the school') was admitted to grant-in-aid. Subrahmanyam was himself discharging the functions of the management, manager and correspondent of the school. Subrahmanyam has six sons - K. Neelakanteswara Rao, K. Kama Sastry, (petitioner) K. Shankara Rao, K. Venkateswara Rao, K. Panakala Rao and K. Lakshmikantha Rao, (fourthrespondent). On 27-6-1988 Subrahmanyam made an application to the District Educational Officer...
K. Vishnu Vs. Government of A.P. and Others
Court: Andhra Pradesh
Decided on: Sep-11-2000
Reported in: 2000(6)ALD285; 2000(6)ALT219
ORDER1. This writ petition was filed for issuing writ of certiorari calling for the records relating to the impugned order passed by the Government in G.O. Ms. No.266, Revenue (Regn.III) Department, dated 10-3-1992 and quash the same as illegal, arbitrary and contrary to law.2. The petitioner was registered as Notary by order of the respondent dated 22-9-1971. The respondent issued the Memo No.143406/Regn.II/88-1 Revenue (Regn.II) Department, dated 17-5-1989 stating that the Inspector General of Registration and Stamps brought to the notice of the Government that when the District Registrar, West Godavari, inspected the Notarial Records maintained by the petitioner on 20-8-1987, the following irregularities were noticed.1. 'Loss of stamp duty of Rs.8,863/-due to attestation of deficitly stamped documents. 2. Excess Fee collected from the parties for attestation of documents. 3. Failure to note the value of the property in the Notarial Register. 4. Failure to impound the Translated Copy...
Dr. T. Sambasivarao Vs. Sri Venkateswara University, Tirupati and Anot ...
Court: Andhra Pradesh
Decided on: Sep-11-2000
Reported in: 2000(6)ALD3; 2000(5)ALT701
1. This writ petition was filed seeking a writ of mandamus to direct the second respondent - Director of School Education, Government of Andhra pradesh to alter the date of birth of the petitioner from 10-12-1957 to 20-12-1960 in accordance with the judgment and decree dated 6-7-1984 in OS No.535 of 1983 on the file of the Principal District Munsif, Tenali and to further direct the first respondent viz., The Registrar, Sri Venkateswara University, Tirupathi, to correct the dateof birth of the petitioner in the Service Register and pass such other orders which are deemed fit and proper in the circumstances of the case.2. The petitioner submits that he holds a decree of M,Sc., M.Phill., and Ph.D., and joined the service of the first respondent as a lecturer in Geology on 9-11-1989 and his date of birth was entered in the S.S.C. register as 10-12-1957, according to the statement made by his illiterate father, who is an agriculturist, who gave the date of birth while admitting him in schoo...
B. Vittal Vs. Ramesh Kumar
Court: Andhra Pradesh
Decided on: Sep-11-2000
Reported in: 2000(6)ALD344; 2000(5)ALT705
ORDER1. As the parties are same in both the revisions and as common question of taw involved in both the revisions they are heard together and are being disposed of by this common order.2. The revision petitioner assails the orders of the I Additional Rent Controller, Hyderabad dated 9-8-2000 passed in EA No.8 of 2000 in EP No.36 of 1990 inRC No.549 of 1978 and EA No.9 of 2000 in EP No.37 of 1990 in RC No.550 of 1978. Claiming to be the owner of the premises in dispute and as a possessor thereof the revision petitioner obstructed the delivery of possession of the premises in favour of the respondent herein who filed RC Nos,549 of 1978 and 550 of 1978 seeking eviction of the tenant.3. The facts leading to the filing of these revisions are as follows: The revision petitioner claims to have purchased the premises in question under agreement of sale from one K. Ganga Reddy the original owner thereof. The said agreement is dated 9-11-1973. It is in respect of house bearing DoorNo.5-9-174/1,...
K. Gopalakrishnan Vs. Asst. Inspector of Labour, (Asst. Labour Officer ...
Court: Andhra Pradesh
Decided on: Sep-11-2000
Reported in: 2000(6)ALD214; 2000(6)ALT119
ORDER1. This writ petition is filed to issue a writ of certiorari calling for the records pertaining to the impugned order in Rc.No.27, 28 and 32 of 1991 dated 25-5-1991 of the Assistant Inspector of Labour, Rayadurg, Anantapur District, and to quash the same as illegal, arbitrary and unconstitutional and to declare that the provisions of A.P. Shops and Establishment Act and the Rules made thereunder are not applicable to the office of Chartered Accountant.2. It is submitted by the petitioner that the petitioner is a Chartered Accountant practicing at Rayadurg and is a member of the Institute of Chartered Accountants of India and completed the course of Chartered Accountant in the year 1984. The respondent-Asst. Labour Officer, Rayadurg, issued an inspection order and notice dated 7-3-1991 stating that on recent inspection on 20-2-1991 he found certain provisions of the A.P. Shops and Establishment Act and Rules made there under are notbeing carried out and asked the petitioner to show...
Jami Malleswara Rao Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Sep-11-2000
Reported in: 2000(2)ALD(Cri)531; 2001CriLJ1888
ORDERVaman Rao, J.1. Heard both sides.2. The petitioner who is a dealer in food grains and oils was found to have violated Clause 3 of the A.P. Scheduled Commodities Dealers (Licensing and Distribution) Order, 1982 (for short the A.P. Order) and Clause 3 of A.P. Prevention of Hoarding of Food-grains Order, 1973 and an F.I.R. was registered in respect of these offences. The proceedings under Section 6-A of the Essentiaj Commodities Act, 1955-were taken before the Joint Collector, Srikakulam. After enquiry, the Joint Collector ordered confiscation of 60% of the goods seized and released remaining 40% of the goods in favour of the petitioner. Against this order an appeal in Criminal Appeal No. 96 of 2000 has been preferred by the petitioner before the learned Additional Sessions Judge, Srikakulam. While this appeal has been pending, the petitioner moved Cri. M.P. No. 589 of 2000 for release of the oils seized without security and for release of the other commodities on furnishing bank gua...
Mc. Dowell and Co., Ltd., Hyd. and Others Vs. Government of A.P. and O ...
Court: Andhra Pradesh
Decided on: Sep-08-2000
Reported in: 2000(5)ALD490; 2000(5)ALT181
ORDER1. The petitioners are manufacturers of Indian Made Foreign Liquor (IMFL). They have distilleries in the State of Andhra Pradesh licensed to manufacture IMFL under the provisions of A.P. Distilleries Rules, 1970. They manufacture various brands of IMFL.2. The 2nd respondent is a Corporation wholly owned and controlled by the State of A.P. and is an instrumentally of the State. Consequent upon the enactment of the A.P. (Regulation of Wholesale Trade and Retail Trade in Indian Liquor, Foreign Liquor, Wine and Beer) Act, 1993 (Act 15/93) for short ('the Act'), which replaced A.P. Ordinance No.5 of 1993, the 2nd respondent has been invested with the exclusive privilege of importing, exporting and carrying on wholesale trade and distribution in Indian Liquor, Foreign Liquor, Wine and Beer on behalf of the State of A.P. through out the territory of the State. All other persons are excluded the privilege of importing,exporting and supplying the same, in wholesale or distributing the same...
Associated Cement Companies Ltd., Sec'bad Vs. Govt. of A.P. and anothe ...
Court: Andhra Pradesh
Decided on: Sep-08-2000
Reported in: 2000(5)ALD685; 2000(5)ALT634
ORDERP. Venkatarama Reddi, J.1.Adventures and innovations are the ways of some affluent tax payers. Revenue does not lag behind to combat and outwit them if possible. In this on-going race, who would be the ultimate loser or winner, it is often difficult to predict. The Courts would act as umpires and give their verdict. There would be further efforts on either side to find ways and means of getting over the adverse effects of such verdict. There will be resistance by the other side. That is how it goes on. Legislation is the potent weapon in the hands of Revenue and naturally, the Revenue wouldlike to surge forward to draw out that potent weapon in its arsenal. Perhaps, the case on hand is a case of that kind and typical of that running feud.2. The petitioner is a manufacturer and dealer in cement. It is common knowledge that the cement, barring some bulk supplies, is ordinarily sold in packed condition. Either gunny bags or HDPE bags are used for packing the cement. Going by ordinary...
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