Andhra Pradesh Court September 2000 Judgments
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K. Raghuram Babu Vs. Railway Protection Force, South Central Railway, ...
Court: Andhra Pradesh
Decided on: Sep-06-2000
Reported in: 2000(6)ALD661; 2001(1)ALT131; [2001(88)FLR497]
ORDER1. This writ petition has been filed seeking for a writ of mandamus declaring the action of the respondents in continuing the departmental enquiry against the petitioner pursuant to the charge-sheet No.B/XP/227/153/97/05, dated 8-9-1997 as illegal, null and violative of Article 14 of the Constitution of India. '2. The facts leading to the filing of the writ petition are set out as hereunder: The writ petitioner, who is a B.Com Graduate, was appointed as Sub-Inspector in the Railway Protection Force in the year 1988 and subsequently he was promoted as Inspector in the year 1994. He was placed under suspension from 18-9-1995 on an allegation that he was responsible for excess delivery of scrap worth about Rs.10,000-00. In the month of September, 1997 he was charge-sheeted followed by a departmental enquiry and the departmental enquiry also has been concluded and the 3rd respondent, by his proceedings dated 9-6-1999, has held that the charge was proved against him. The charge against...
Oriental Insurance Co. Ltd., Warangal Vs. Thudi Mallamma and Others
Court: Andhra Pradesh
Decided on: Sep-06-2000
Reported in: 2000(6)ALD461; 2000(6)ALT585; [2001(88)FLR654]
1. This appeal is directed against the award and decree dated 26-4-1993 made in OP No. 308 of 1991 filed under Section 166(c) of the Motor Vehicle Act, on the file of learned Motor Accidents Claims Tribunal-cum District Judge, Karimnagar, seeking compensation ofRs. 1,00,000-00 on account of the death of the deceased by name Thudi Venkataiah in a motor accident.2. The deceased- Thudi Venkataiah along with others were engaged as labourers on 7-4-1991 to load and unload the bamboo sticks on a tractor bearing No.APO-4165. While so, on their return journey to Madka village from Shanagonda village, the tractor was driven at high speed and in a rash and negligent manner thereby the deceased fell down at the outskirts of Shanagonda village at about 6-00 p.m., from the tractor and came under the wheels of the tractor that thereafter the deceased died in the Headquarters Hospital, Karimnagar. On preferring complaint, a case has been registered against the accused. On account of the death of the ...
Union of India (Uoi), by Its General Manager, S.C. Railway Vs. Kandula ...
Court: Andhra Pradesh
Decided on: Sep-06-2000
Reported in: II(2001)ACC74; 2001(1)ALT177
ORDERB. Prakash Rao, J.1. The appellant/Railways challenge the award of the Railway Claims Tribunal at Secunderabad in O.A.A.No. 92 of 1997 dated 16-4-1998 allowing the claim for compensation of Rs. 40,000/- i.e., Rs. 20,000/- each to the respondents 1 and 2 for the death of the deceased.2. According to claim, on 4-5-1997 the deceased and her son, both passengers, with tickets in Train No. 339 Dornakal-Manuguru went to Bhadrachalam Railway Station. While the deceased was standing at the door of the coach, the train moved suddenly and she slipped and after fallingdown on the platform died. The claim was for rupees two lakhs.3. The appellant contested the claim, denying the allegations and further stating that deceased was trespassing the track, when the train was being backed from the loopline.4. During the enquiry, claiman.ts examined P.Ws. 1 and 2 and the respondents examined R.Ws. 1 and 2. On consideration of the evidence and the material, the Court below finding that the deceased an...
U.R.K. Varma Vs. A.P. State Road Transport Corporation and ors.
Court: Andhra Pradesh
Decided on: Sep-06-2000
Reported in: 2000(6)ALT390
ORDERG. Bikshapathy, J.1. The Writ Petition is filed challenging the Order of termination dated 21-2-2000.2. The petitioner was working as Casual Driver Grade-II. However, a charge sheet was issued to him alleging that he produced a non-genuine driving licence and thereafter show-cause notice was issued and ultimately he was removed from service by an order dated 21-2-2000. The said order is assailed before this Court.3. It is the case of the petitioner that he is a genuine driving licence-holder and that the competent authority issued a licence under the provisions of the Motor Vehicles Act, and that the mistake was committed in the office of the Regional Transport Authority and therefore, the charge itself is not sustainable. He submits that the Regional Transport Officer and the Additional Licensing Authority, Vijayawada in proceedings No. 26-3-1999 has categorically stated that a mistake had crept in, instead noting the name of the petitioner as U. Ravi Kumar, his father's name was...
Union of India (Uoi) by Its General Manager, S.C. Railway Vs. Kandula ...
Court: Andhra Pradesh
Decided on: Sep-06-2000
Reported in: 2002ACJ371
B. Prakash Rao, J.1. The appellant Railways challenge the award of the Railway Claims Tribunal at Secunderabad in O.A.A. No. 92 of 1997 dated 16.4.1998 allowing the claim for compensation of Rs. 40,000, i.e., Rs. 20,000 each to the respondent Nos. 1 and 2 for the death of the deceased.2. According to claim, on 4.5.1997 the deceased and her son, both passengers, with tickets in train No. 339 Dornakal-Manuguru went to Bhadrachalam Railway Station. While the deceased was standing at the door of the coach, the train moved suddenly and she slipped and after falling down on the platform died. The claim was for Rs. 2,00,000.3. The appellant contested the claim, denying the allegations and further stating that deceased was trespassing the track, when the train was being backed from the loopline.4. During the enquiry, claimants examined PWs 1 and 2 and the respondents examined RWs 1 and 2. On consideration of the evidence and the material, the court below gave finding that the deceased and her ...
J.R. Ramesh Kumar @ Rameshji Vs. N. Prabhakar Rao
Court: Andhra Pradesh
Decided on: Sep-05-2000
Reported in: 2000(6)ALD796; 2000(6)ALT727
ORDER1. Revision petitioner is the landlord. He filed RC No.355 of 1980 on the file of the Principal Rent Controller, Secunderabad for eviction against the respondent-tenant under Section 10(2) (i) of the A.P. Buildings (Lease, Rent & Eviction) Control Act, i960 (for short 'the Rent Control Act') on the ground that the tenant committed wilful default, unauthorised sublease of a portion of the petition schedule premises and also on the ground of bona fide requirement of residential portion of the petition schedule premises for personal occupation and also on the ground that the landlord requires the non-residential portion for the purpose of business which he is carrying on as on the date of application.2. For the sake of convenience the revision petitioner would be referred to as 'landlord' and the respondent as 'tenant'.3. The factual matrix leading to the filing of the revision petition is set out as hereunder:- The revision petitioner is the landlord of the building bearing Municipa...
T.C.i. Finance Ltd. Vs. Sree Vani Printers Pvt. Ltd. and anr.
Court: Andhra Pradesh
Decided on: Sep-05-2000
Reported in: 2000(5)ALT793
ORDERT. Ch. Surya Rao, J.1. The petitioner assails the order dated 13-7-1999 passed by the I Additional Chief Judge, City Civil Court. Secunderabad in I.A. No. 1847 of 1998 in O.S. No. 78 of 1998.2. The impugned order is a common order passed in I.A. No. 1146 of 1998 and I.A. No. 1847 of 1998. The former interlocutory application had been filed seeking attachment before judgment in respect of the movable and immovable properties of the first defendant in the suit and the latter interlocutory application had been filed seeking leave to defend the suit. In I.A. No. 1146 of 1998 under the impugned order, the Court below raised the attachment ordered earlier and in I.A. No. 1847 of 1998 the Court below ordered the petition thereby granting leave to defend the suit. Having been aggrieved by that order granting leave to defend the suit the plaintiff revision petitioner filed the present revision petition.3. The suit O.S. No. 78 of 1998 was filed for recovery of an amount of Rs. 42 lakhs on t...
S. Srinivasan and anr. Vs. Deccan Petrolium Ltd. and ors.
Court: Andhra Pradesh
Decided on: Sep-04-2000
Reported in: 2000(2)ALD(Cri)516; 2001CriLJ569
Vaman Rao, J. 1. This petition under Section 482 of the Criminal Procedure Code seeks to challenge the order passed by the Special Judge for trial of cases under Essential Commodities Act-cum-III Additional Metropolitan Sessions Judge, Hyderabad under which the orders passed in Crl. M.P.No.4378 of 1999 in C.C.No.751 of 1996 dismissing the petition filed on behalf of the accused, under section 91 of the Criminal Procedure Code, for summoning certain documents, has been affirmed. 2. The petitioners are the accused facing prosecution for offence under section 408, 420 and 418 I.P.C. The allegation appears to be that the petitioners-accused being the employees of the defacto- complainant misappropriated certain amounts belonging to the company and that during the course of investigation certain amount said to be part of amount misappropriated has been recovered from their possession during the search made by the police on 14.11.1995. While the evidence was in progress, on behalf of the pet...
Ch. Balraj Vs. the Municipal Council, Rep. by Its Chairman, Kamareddy ...
Court: Andhra Pradesh
Decided on: Sep-04-2000
Reported in: 2001(1)ALT183
N.V. Ramana, J. 1. This writ petition is filed by the petitioner questioning the allotment of shop No.1 of 'B' block at daily vegetable market at Kamareddy by the Municipality, in favour of the fourth respondent, by its resolution No. 1 /2, dated 31.5.1999. 2. The case of the petitioner is that he has erected a wooden bunk at the municipal vegetable market, Kamareddy, and was doing business along with 72 other persons similarly situated. It appears that all these 72 bunk owners are evicted/displaced for the purpose of constructing municipal shopping complex. The municipality passed the following resolution No. 2/74 (II) dated 28.9.1991 before shifting the 72 bunk owners: 'The 72 bunk owners in daily vegetable market should shift their bunks to weekly market temporarily on the condition that the said 72 bunk owners would be allotted shop rooms giving due importance on the rents fixed by the municipal council at 2that time. A list of 72 vendors is also enclosed to the resolution'.3. Afte...
Balaji Estates and anr. Vs. Shivani Alloys Steel Castings (P) Ltd. and ...
Court: Andhra Pradesh
Decided on: Sep-04-2000
Reported in: 2000(2)ALD(Cri)523; 2001CriLJ631
ORDERVaman Rao, J.1. This petition under Section 482, Cr.P.C. seeks to challenge the order passed by the learned Metropolitan Sessions Judge, Hyderabad dated 31-1-2000 in Crl. R.P. No. 215 of 1999 under which the order of the learned XXIII Metropolitan Magistrate, Hyderabad passed in Crl. M.P. No. 6731 of 1999 allowing the application of complainant for recalling of P.W. 1 for marking certain documents was allowed.2. The petitioners herein are the accused in C.C. No. 791 of 1998 facing prosecution for an offence under Section 138 of the Negotiable Instruments Act. The complainant's case is that the cheque, which was dishonoured and in respect of which the accused are sought to be prosecuted, was issued by them towards the cost of 811 cement bags supplied by the complainant to them. The complainant examined himself as PW-1 and closed his evidence. During cross-examination of PW. 1 it appears a defence was sought to be put forth that the cement bags in respect of which the cheque is said...
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