Andhra Pradesh Court November 2001 Judgments
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P. Srinivasa Rao Vs. P. Indira and anr.
Court: Andhra Pradesh
Decided on: Nov-22-2001
Reported in: 2002(1)ALD296; 2002(1)ALT677; 93(2001)DLT545; I(2002)DMC749
S.B. Sinha, C.J.1. Whether an Interlocutory Application for grant of interim maintenance to a Hindu wife and her mentally retarded minor child towards provision of food, clothing as well as medical attendance and treatment and education to the child, filed in a suit brought under the provisions of Hindu Adoptions and Maintenance Act, 1956 (for short 'the Act') for maintenance against the husband, can be entertained by a Court therefor in exercise of the inherent powers of the Court under Section 151 of the Code of Civil Procedure, despite the absence of a specific provision in this behalf in the Act, is the question involved in this Civil Revision Petition.FACTS:2. The 1st respondent herein was married to the petitioner on 22-10-1986 as per Hindu rites and customs. Out of the said wedlock, 2nd respondent was born. He is mentally retarded. The 1st respondent was allegedly being harassed by the petitioner. Her parents were unable to meet the demands of her husband and in-laws for more an...
V. Devaiah Vs. Superintendent of Police, Karimnagar District
Court: Andhra Pradesh
Decided on: Nov-22-2001
Reported in: 2002(1)ALD408; 2002(1)ALT241
S.B. Sinha, C.J.1. Whether the State Administrative Tribunal constituted under the Administrative Tribunals Act, 1985 (for short 'the Act') has jurisdiction to condone delay in filing review petition is the question referred to this Full Bench.FACTS:2. The petitioner was appointed as Police Constable in the Armed Reserve Police of Karimnagar District in the year 1990. By an order dated 31-10-1991, the respondent terminated the services of the petitioner on the ground that he did not undergo the three star test at the time of selection. He filed O.A.No. 47791 of 1991 before the learned Tribunal challenging the order of termination wherein direction was given to the respondent to conduct the test for the petitioner. The respondent found that the petitioner did not come up for selection in the test conducted. The petitioner challenged the said order in O.A.No. 4322 of 1993. The learned Tribunal by reason of an order dated 6-3-1995 allowed the O.A., filed by the petitioner. As the responde...
ParsIn Chemicals Ltd. Vs. Asstt. Commr. (L), Cus. and C. Ex.
Court: Andhra Pradesh
Decided on: Nov-22-2001
Reported in: 2002(1)ALD(Cri)212; 2002(1)ALT(Cri)216; 2003(85)ECC784; 2002(146)ELT39(AP)
ORDERB. Sudershan Reddy, J.1. These petitions filed under Section 482 of the Code of Criminal Procedure may be disposed of by a common order since the question involved requiring determination of this Court in all these petitions is one and the same.2. Criminal Petition No. 5425 of 1999 is filed by the petitioners who are A-1 and A-2, Criminal Petition No. 5159 of 2000, is filed by A-3. Criminal Petition No. 5160 of 2000 is filed by A-4 and Criminal Petition No. 6132 of 2001 is filed by A-5 and A-6. The petitioners pray to quash the proceedings in C.C. No. 48 of 1998 on the file of the Learned Special Judge for Economic Offences, Hyderabad. They are the accused in the said case.3. The 1st respondent herein filed a Complaint against the petitioners for the offence punishable under Section 9 of the Central Excise Act 1944 (hereinafter referred to as the Act). In the Complaint, it is stated that A-l was a 100% Export Oriented Unit engaged in the manufacture of Sodium Azide. It is register...
Union of India (Uoi), South Central Railway and ors. Vs. Syed Gayaz Ch ...
Court: Andhra Pradesh
Decided on: Nov-22-2001
Reported in: 2002(3)ALT31
ORDERS.R. Nayak, J.1. The Union of India and its authorities who are the petitioners in this writ petition, being aggrieved by the order of the Central Administrative Tribunal, Hyderabad Bench at Hyderabad (for short 'the CAT') dated 31-3-1998 made in O.A.No. 656 of 1995 have filed this writ petition.2. The 1st respondent herein is the applicant in O.A.No. 656 of 1995. In the O.A., the 1st respondent assailed the validity of the Notification No. B/P (RC) 563/GDCE/ VOL.1 dated 16-1-1995 issued by the 3rd petitioner herein calling for applications from the eligible candidates to fill-up the vacancies through General Departmental Competitive Examination ('GDCE' for short) for filling up the vacancies of Pro-Commercial Clerk, Pro-Ticket Collector and Pro. ASMs against 25% of the Direct Recruitment Quota. The notification prescribed 40 years as the maximum age limit for General/O.C. Candidates and 45 years for S.C. and S.T. candidates as on 20-8-1993. The petitioner had also assailed anothe...
A.P. Transco Vs. Sri Gowri Sankar Cable Industries and ors.
Court: Andhra Pradesh
Decided on: Nov-22-2001
Reported in: 2002(3)ALT134
S.B. Sinha, C.J.QUESTION:1. The question, which arises for consideration in this application, is as to whether the Parliament has the legislative competence to enact the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 (hereinafter referred to as '1993 Act') in terms of Entry 97 to List I of the VII Schedule to the Constitution of India.FACTS:2. The fact of the matter may, however, be noticed from W.P.No. 10179 of 2001. The Andhra Pradesh TRANSCO (hereinafter referred to as 'the writ petitioner') has in these applications prayed to declare the 1993 Act as unconstitutional and invalid.3. By reason of the provisions of the Electricity Reform Act, 1998, the State Electricity Board was bifurcated into A.P. Power General (sic. Generation) Corporation Limited (for short GENCO) and A.P. Transmission Corporation Limited (for short TRANSCO). GENCO was to look after the task of generation of electricity, whereas Transco was obligated to see the transmis...
Pathivada Appala Naidu (Died) and anr. Vs. Kondur Estate and Investmen ...
Court: Andhra Pradesh
Decided on: Nov-21-2001
Reported in: 2002(3)ALD403
ORDERP.S. Narayana, J.1. These civil revision petitions are filed by the unsuccessful tenants. Though the matters had been disposed of in certain batches, the questions of fact and questions of law involved in all these matters are substantially the same and hence all these matters are being disposed of by a common order.2. The revision petitioners-tenants had entertained a doubt relating to the persons claiming rents and hence 71 tenants filed G.R.No. 2038 of 1973 on the file of the Rent Controller, Vizianagaram under Section 9(3) of A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960, hereinafter in short called as 'Act'. The learned Rent Controller had dismissed the same on 15-6-1973 and the same was confirmed by the appellate authority in CMA No. 90 of 1973 and aggrieved by the same Civil Revision Petition 2451 of 1976 was filed and the revision was allowed on 13-3-1978 directing the Rent Controller to number the RCC and to proceed with the same in accordance with law. Cons...
Government of Andhra Pradesh Vs. Official Liquidator, Marine and Commu ...
Court: Andhra Pradesh
Decided on: Nov-21-2001
Reported in: 2002(1)ALD593; 2002(1)ALT405
ORDER1. Company Application No.219 of 2000 was dismissed by a learned single Judge of this Court on 8-8-2000. In fact, the matter was taken up for hearing on an earlier occasion on 20-7-2000. There was no representation on behalf of theapplicant on that day. Therefore, the learned Judge directed that the matter be listed again on 8-8-2000 under the caption 'for dismissal.' The applicant did not take advantage of the generosity of the learned Judge.2. The defaulter filed an application to set aside the order dated 8-8-2000 along with an application CA No.134 of 2001 to condone the delay of 160 days in filing the abovementioned application to set aside the 'default order'.3. This time the matter was listed before me. Not satisfied with the explanation offered by the applicant, with regard to the delay 1 dismissed the CA No.134 of 2001.4. The applicants exercised their right of an intracourt appeal.5. A Division Bench by its order dated 28th June, 2001 was pleased to allow the appeal by a...
V. Brahmaiah Chowdary Vs. Sho, Narsingi Police Station and ors.
Court: Andhra Pradesh
Decided on: Nov-20-2001
Reported in: 2002(1)ALD80
1. This is a taken up writ petition based on a news item published in Eenadu Telugu Daily Newspaper dated 29-8-2001. The report in the news item reveals that one indrapati Jangaiah of Shahbad was married to one Chandrakala of Damarapalli, that his brother-in-law one Mr. Shankaraiah tried to compromise the family dispute and at that juncture, it is alleged, Jangaiah threatened Shankaraiah with dire consequences. As Mr. Shankaraiah was found missing, his father lodged a complaint with the 1st respondent viz., Sub-Inspector of Police Narsingi, P.S. and one Mr. Harikrishna, Sub-Inspector of Police, Moinabad arrested Jangaiah and from the date of arrest he was shifted from one Police Station to another and tortured inhumanely and he was even made him to drink urine. It is also alleged that Jangaiah confessed killing his brother-in-lawShankaraiah, but after 42 days police came to know that Shankaraiah was alive and working in a factory in Jinnaram. The police then brought Shankaraiah and rel...
Sri Salivahana Rural Education Society, Tekkali, Srikakulam District V ...
Court: Andhra Pradesh
Decided on: Nov-20-2001
Reported in: 2001(6)ALD778; 2001(6)ALT523
ORDER1. Both these writ petitions may be disposed of by a common order, since the issue that arises for consideration in both the writ petitions is one and the same and the parties are common.2. It is required to notice that W.P. No. 4702 of 1999 is filed by the petitioner-society challenging the proceedings of the 1st respondent- chairman, State Level Standing Committee and Commissioner and Director of School Education, Andhra Pradesh dated 22-2-1999 rejecting the application of the petitioner society for issue of No Objection Certificate for establishing a B.Ed., College in Tekkali Revenue Division. The same petitioner society in W.P.No. 25044 of 2000 impugns the decision of the said authority dated 5-11-1999 in granting No Objection Certificate to the 4th respondent-Education Society to apply for permission to the Southern Regional Committee, National Council for Teacher Education, Bangalore to start a college of Education in Tekkali Revenue Division, Srikakulam District. Thus the m...
K. Venkat Rao Vs. Rockwool (India) Ltd. and ors.
Court: Andhra Pradesh
Decided on: Nov-20-2001
Reported in: 2002(1)ALD547; 2002(1)ALT759; [2002]108CompCas494(AP)
S.B. Sinha, C.J.1. Whether an application filed by a Director of a Company before a Company Judge challenging a notice in terms whereof his shares were directed to be forfeited and he was directed to vacate the Office, can be entertained by this Court is the question involved in this petition.REASONS FOR REFERENCE:2. A learned Company Judge having noticed two conflicting decisions in M/S NIZAMABAD CORN PRODUCTS PVT. LTD. VS . VASUDEV DALIA, : 1992(3)ALT303 and in AVANTHI EXPLOSIVES VS. PRINCIPAL SUBORDINATE JUDGE, 1987 (62) CC 301, as regards jurisdiction of this Court to entertain such petition, referred the matter for a decision by appropriate Bench. When the matter was listed before a Division Bench of this Court, it, having regard to the importance of the question involved in the matter referred the matter to Full Bench by an order dated 17.10.2001.FACTS:3. The petitioner herein by reason of the impugned notices was declared to have ceased to be a Director of the first respondent c...