Andhra Pradesh Court November 2001 Judgments

Bathina Rajya Shilpa and Etc. Etc. Vs. Ntr University of Health Scienc ...

Court: Andhra Pradesh

Reported in: AIR2002AP115; 2002(1)ALT365

S.B. Sinha, C. J.1. These Writ Appeals are directed against the common order of the learned single Judge dated 16-7-2001 in W. P. No. 24204 of 2000 and batch whereby and whereunder the writ petitions filed by some of the students who had appeared for EAMCET-2000 [medical) seeking the following reliefs.(i) declare the action of the respondents in granting admission in favour of the candidates who have secured lesser rank than the writ petitioners into the 1st year MBBS course under the unreserved segment of seats as bad in law and consequently direct the respondents to grant admission to the writ petitioner into the 1st year MBBS course:(ii) declare the action of the respondents herein in admitting 37 reserved category candidates under payment category seats in private medical colleges and subsequently shifting them to Govt. Medical Colleges and to free seats in Private medical colleges byconsidering their candidature under reserved quota and consequently filling up the 37 resultant vac...

G. Laxmaiah Vs. State of A.P.

Court: Andhra Pradesh

Reported in: 2002(1)ALD(Cri)119; I(2002)DMC534

E.V. Eswaraiah, J.1. Heard the learned Counsel for the petitioner as well as the learned Public Prosecutor appearing for the State.2. This criminal petition is filed under Section 482, Cr.P.C. to quash the proceedings in S.C. No. 166 of 2000 on the file of the Additional Metropolitan Sessions Judge for the trial of Communal Offence Cases, Hyderabad-cum-VII Additional Metropolitan Sessions Judge, Metropolitan Criminal Courts, Hyderabad.3. The charge sheet was filed against the petitioner for the offences under Sections 306 and 498-A, I.P.C. According to the averments made in the charge-sheet, the deceased Vijaya Lakshmi, wife of the petitioner herein was admitted in Osmania General Hospital with burn injuries sustained at their residence; and the statement of the said Vijayalakshmi was recorded, in which, she stated that she married the petitioner herein and got 3 daughters and one son; and on 22.5.2000, while she was preparing omelet on a kerosene stove, her saree border got into conta...

J. Sriram Murthy and Another Vs. P. Srinivasa Rao

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

P. Ramakrishnam Raju, President: 1. The first complainant along with his son second complainant entered into an agreement dated 16.11.1993 with the opposite party builder for construction of two-bed room flat bearing No. 302 in third floor of the proposed venture Kusum Mansion in S. No. 24, Plot No. 53 at Bagh Amberpet, Hyderabad for a consideration of Rs. 3,27,000/-. According to the terms of the agreement the construction should be completed within 15 months including the grace period of three months and thereafter the opposite party had to pay liquidated damages of Rs. 1,500/- per month for the delayed delivery of possession. According to the complainants they paid the entire consideration but as possession was not delivered they occupied the flat due to compulsions in an unfinished stage on 11.4.1995. Therefore, they gave a registered notice on 15.5.1995 for which there was no response. Hence they filed the complaint. 2. It is pointed out in the complaint that the opposite party is...

Ganesh Traders Vs. District Collector, Karimnagar and ors.

Court: Andhra Pradesh

Reported in: 2002(1)ALD210; 2002(1)ALD(Cri)137; 2002(1)ALT611; 2002CriLJ1105

S.B. Sinha, C.J. 1. Possession and transport of black jaggery although by itself is not an offence, can the vehicles carrying the same, be liable to be seized under the provisions of the Andhra Pradesh Excise Act and the Andhra Pradesh Prohibition Act is the question involved in these writ applications? 2. Facts of each case may be noticed briefly thus: In Writ Petition No. 354 of 2001 the petitioners were transporting 10176 kilograms of jaggery in a lorry bearing No. ABT 5508. The said lorry was seized and such seizure is challenged in this writ petition on the ground that it is illegal and arbitrary. Writ Petition No. 19706 of 2000 is filed assailing the action of the respondents in interfering with their day-to-day business in all varieties of jaggery and alum. The petitioners in Writ Petition N0.22705 of 2000 seek quashing of the criminal proceedings and also to declare the seizure of jaggery as illegal and void. 3. It is the case of the petitioners that sale of jaggery is neither ...

Mic Electronics Limited and ors. Vs. Union of India and ors.

Court: Andhra Pradesh

Reported in: 2002(1)ALD191; 2001(6)ALT249

1. This batch of Civil Revision Petitions filed under Article 227 of the Constitution of India challenging the orders passed by the learned Chief Judge, City Civil Courts, Hyderabad may be disposed of by a common order, since a common question of law arises for consideration of this court.2. The learned Chief Judge allowed the applications filed by the Union of India and others under Section 5 of the Limitation Act, 1963 read with Section 43 of the Arbitration and Conciliation Act, 1996 (for short 'the Arbitration Act, 1996') to condone the delay in filing the original petitions (O.Ps.) under Section 34 of the Arbitration Act, 1996 to set aside the Awards dated 10-7-2000 in arbitration cases on the file of the Arbitrator and accordingly condoned the delay of 80 days in filing the original petitions.3. It may be necessary to briefly notice the relevant facts leading to filing of the instant Civil Revision Petitions in this court.4. The petitioners entered into a contract with the Depart...

Sankuri Venkatesh Vs. Sankuri Ramdas and ors.

Court: Andhra Pradesh

Reported in: 2002(3)ALD351

L. Narasimha Reddy, J 1. These two appeals are preferred against the judgment and decree in OS No. 364 of 1993 of the Court of the III Additional Judge, City Civil Courts, Secunderabad. CCCA No. 91 of 1996 is preferred by the 1st defendant whereas CCCA No. 210 of 2001 is preferred by the plaintiffs in the suit. For the sake of convenience, the parties are referred to as plaintiffs and defendants. 2. The brief facts of the case are that the 2nd plaintiff is the wife, 1st plaintiff is the son and plaintiffs 3 to 5 are the daughters of late Sankuri Balaiah. It is the case of the plaintiffs that late Balaiah developed intimacy with one Chandramma since the year 1960 and both of them lived together as husband and wife. Late Balaiah provided maintenance as well as certain funds to Chadramma and she in turn invested them in the form of Fixed Deposits (FDs) in the 2nd defendant-bank. Two such FDs are dated 20-2-1992 and 28-4-1992 for anamount of Rs. 1,58,392-00 and Rs. 3,00,000/-respectively. ...

Pakam Srinivasulu Vs. Registrar (Vigilance) High Court of Andhra Prade ...

Court: Andhra Pradesh

Reported in: 2002(1)ALD41; 2002(1)ALT204

S.B. Sinha, C.J.1. Whether a person seeking appointment on compassionate grounds has a legal right to be appointed in a post commensurate with his qualification is the question involved in this Writ Petition.2. The petitioner's father while working as Amin in A.P. Judicial Ministerial Service in the District Unit of Nellore, alleged to have filed an application for retirement on medical invalidation. He further prayed that his son i.e., petitioner herein may be appointed in his place. He was permitted to retire on medical invalidation with effect from 30.11.1998. The petitioner's case for compassionate appointment, however was not considered whereafter he filed a Writ Petition being W.P.No.24884 of 1999. The said writ petition was disposed of at the admission stage directing the Direct Level Committee to consider the petitioner's request expeditiously. The petitioner claims that he possesses the requisite qualifications to hold the post of Amin. He was appointed on 30.3.2000 only as a ...

Modern High School, Zamisthanpur Vs. Government of Andhra Pradesh and ...

Court: Andhra Pradesh

Reported in: 2002(1)ALD96; 2002(5)ALT96

Bilal Nazki, J.1. These writ petitions raise common questions of law and fact as in all petitions vires of G.O. Ms. No.76, dated 2-11-1999 has been challenged.2. The admitted facts are that, the petitioner institutions are minority educational institutions. Some of these institutions are admitted to grant-in-aid by the Government and some of them are unaided institutions. In terms of powers conferred on the Government under Section 99 of the A.P. Educational Institutions Act, 1982 rules were framed bythe Government being G.O.Ms.No.1, Education (PS2) Department, dated 1-1-1994; Rule 12 of these rules deals with the appointment of the staff. By virtue of G.O.Ms.No.76, dated 2-11-1999 Rule 12 was amended retrospectively with effect from 5-8-1998. The amendment to rule 12 is challenged in all these writ petitions as illegal. It is contended that the impugned G.O. contravenes the right of managements of the Educational institutions guaranteed under Article 30(1) of the Constitution of India...

Muzaffar Ali Sajjad and ors. Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Reported in: 2002(1)ALD112; 2001(2)ALT(Cri)497; 2002CriLJ1068

ORDER1. This petition has been filed by A-1 to A-4 and A-6 to A- 8, who were facing the trial in C.C.No. 101 of 1997 before the II Additional Metropolitan Magistrate, Hyderabad for quashing the proceedings. The original complaint is filed by one Syed Mazher Hussain ie., the 2nd respondent herein, with the following averments.2. It is stated that A-l and A-2 are the parents of A-3. A-4 Smt. Wajidunnisa Begum is the younger sister of A-2. A-5 Afsari Begum is the real mother of the girl viz., Mahjabeen Fatima, whose marriage was performed illegally with A-3 Mr. Muzamil Ahmed Sajid on 24-2-1997 at 7-00 p.m. In Sameera Function Hall, Lad Bazaar, Hyderabad. It is further stated that A-6 is the Murshad of A-l to A-3, who delivered the sermon of marriage and A-7 participated and acted as the guardian of the girl Mahjabeen Fatima. As a matter of fact, A-7 is not the guardian of the girl Mahjabeen Fatima. A-8 and A-9 are the witnesses to the said marriage. A-5, Afsari Begum is the real mother of...

P. Manjula Vs. State Transport Appellate Tribunal, Hyderabad and ors.

Court: Andhra Pradesh

Reported in: II(2002)ACC86; 2002(1)ALD37; 2002(1)ALT317

S.B. Sinha, C.J. 1. Both these appeals involving common questions of law and facts were taken up for hearing together and are being disposed of by this common judgment. The petitioners in the writ petitions are the appellants. Facts in Writ Appeal No. 983 of 1999: 2. The appellant herein was holder of stage carriage permit on town service route Kintali to Collectorate in the town of Srikakulam. The said route was subsequently varied as Collectorate to Pillalavalasa on 26.2.1985. For the said purpose, prior permission of the Transport Commissioner, Hyderabad as is required under Rule 282 (2) (ii) of the Andhra Pradesh Motor Vehicles Rules, 1964 (for short '1964 Rules'), which is equivalent to Rule 258 (2) (ii) of the Andhra Pradesh Motor Vehicles Rules, 1989 (for short '1989 Rules'). Such prior permission is required if the town service route is varied to such an extent that it would be beyond eight kilometres from the municipal limits. 3. The permit was transferred in favour of the app...