Andhra Pradesh Court February 2001 Judgments
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Farida A. Lakhani Vs. South Central Railway, General Manager, Rail Nil ...
Court: Andhra Pradesh
Decided on: Feb-12-2001
Reported in: 2001(3)ALD261
ORDER1. The petitioner in the instant writ petition challenges the decision of respondents 1 and 2 awarding the contract of Power/mechanised washing of linen work at Secunderabad as notified in Tender notice No.C/C/409/Tender notice/SC Division 2000 dated 5-7-2000 in favour of the third respondent. The petitioner seeks a writ of mandamus declaring the action of the respondents 1 and 2 in awarding the said contract to the third respondent as illegal and violative of Article 14 of the Constitution of India.2. The scope of judicial review in the case of a tender awarded by a public authority is well settled. The Supreme Court time and again reiterated the principles of judicial review in the matter of exercise of contractual powers by the Government and its instrumentalities. The principles of judicial review 'can apply to the exercise of contractual powers by Government bodies in order to prevent arbitrariness of favouritism.' The Supreme Court acknowledged the inherent limitations in th...
B. Babu and Others Vs. Vice-chancellor, A.P. Agricultural University a ...
Court: Andhra Pradesh
Decided on: Feb-12-2001
Reported in: 2001(3)ALD374; 2001(3)ALT554
ORDERSatya Brata Sinha, CJ.1. This writ appeal is directed against the order dated 20-6-2000 passed by the learned single Judge of this Court in Rev. WP MP No.30521 of 1999, whereby and whereunder, the learned single Judge refused to review his judgment dated 4-8-1999, passed in WP No.6167 of 1998.2. In the writ petition, the petitioners inter alia prayed for issuance of a writ, order or direction one in the nature of writ of mandamus declaring the action on the part of respondents in not considering their cases for appointment as NMRs in the Engineering Division of the University taking into consideration their services of several years, as illegal, and in violation of the principles of natural justice and the Constitution of India.3. Having regard to the fact that the petitioners had been engaged as casual labourers in the year 1992, and continued as such till 1995, the learned single Judge came to the conclusion that they had no legal right to enforce by way of writ petition for the...
Sri Venkateswara Construction Co. Vs. Union of India (Uoi) and ors.
Court: Andhra Pradesh
Decided on: Feb-12-2001
Reported in: 2001(3)ALT59; 2001(2)ARBLR619(AP)
ORDERR. Ramanujam, J. 1. This Arbitration Application is filed under Section 11 of the Arbitration and Conciliation Act, (for short 'the New Act') read with Para 2 of the Scheme for Appointment of Arbitrators framed by the Chief Justice under Sub-section(10) of Section 11 of the Arbitration and Conciliation Ordinance, 1996 seeking appointment of an independent Arbitrator for adjudicating the disputes that arose between the parties in connection with the work of 'improvements to the circulating area, dismantling Block No. 6, cycle stand, portico and shifting of MCO' under Agreement No. SK/89 dated 15-2-1989.2. The material facts leading to filing of this application are the following:The applicant a partnership firm -- is a Railway Contractor. It was entrusted with the aforesaid work by the South Central Railway (hereinafter referred to as 'the Rail-ways' for short) under the said agreement. The approximate value of the work that was to be done under the agreement was Rs. 1,96,316-25ps....
B. Satyanarayana Vs. D.M., A.P. Forest Development Corporation Ltd. an ...
Court: Andhra Pradesh
Decided on: Feb-12-2001
Reported in: 2001(2)ALT321
S.B. Sinha, C.J.1. This appeal is directed against a judgment dated 13-12-2000 passed by a learned single Judge of this Court whereby and whereunder the writ petition, which was filed questioning the action of the respondents in suspending the petitioner-appellant pending enquiry, was dismissed in limine. The order of suspension dated 13-10-2000 passed by the Divisional Manager, Eluru is to the following terms:'Sri B. Satyanarayana, DPM., Dubacherla Series of Eluru Range, who was trapped by the ACB Officials while demanding and accepting a bribe of Rs.1500-00 from Sri T. Rambabu, Forest Contractor for showing official favour to issue Work Completion Certificate of return of EMD amounts deposited by the Contractor is hereby kept under suspension with immediate effect. Hence, he is directed to hand over the charge of his plantation to Sri Mutyalala Venkateswar Rao, DPM., immediately. Sri B. Satyanarayana, DPM will be paid subsistence allowance during the period of suspension as per APFDC...
Sri Visakha Grameena Bank and ors. Vs. Karumetta Jagannadham
Court: Andhra Pradesh
Decided on: Feb-12-2001
Reported in: 2001(2)ALT434; (2001)IILLJ830AP
S.B. Sinha, C.J.1. Both these appeals being inter-related were taken up for hearing together and are being disposed of by this common judgment.2. The delinquent-writ petitioner Mr.Kanumetta Jagannadham (hereinafter referred to as 'Jagannadham' for the sake of brevity) filed a writ petition questioning inter alia an order dated 04-10-1994 whereby and whereunder he was directed to be dismissed from service. 3. At the time of his dismissal from service Jagannadham was working as Branch Manager in Sri Visakha Grameena Bank (hereinafter referred to as 'the Bank' for the sake of brevity) and in all seventeen (17) charges were framed against him. Except Charge Nos.4 and 11, the enquiry officer held that the other charges of misconduct are proved. The disciplinary authority, however, differed with the findings of the enquiry officer in relation to the said two charges and came to the conclusion that the said charges had also been proved. Prior to arriving at the aforementioned finding, however...
Employees' State Insurance Corporation Vs. Bhaskara Motors
Court: Andhra Pradesh
Decided on: Feb-12-2001
Reported in: (2001)IILLJ73AP
B. Prakash Rao, J.1. In this appeal, the appellant challenges the orders in EIC No. 1 of 1999 dated July 13, 2000 on the file of the Employees' Insurance Court-cum-Industrial Tribunal I, Hyderabad.2. In the application filed under Section 75(1)(g) of the Employees' State Insurance Act (for short 'the Act'), the respondent herein challenged the orders dated October 8, 1998 passed by the Regional Director the appellant herein, bringing the respondent unit under the provisions of the Act. It was claimed that the respondent is only a dealer and there is no manufacturing activity and as it is only a shop with six employees, the provisions of the Act have no application and further that the Inspectors during their visit did not properly verify the records and in fact have taken the signature of the managing partner on a blank paper and straight away recommended for coverage of the unit.3. Opposing the said application, the appellant herein denied the aforesaid allegations and sought to susta...
Neerudu John Wasley Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Feb-12-2001
Reported in: 2001(2)ALD(Cri)180; 2001(2)ALT(Cri)1; II(2001)DMC530
T. Ch. Surya Rao, J.1. Criminal Appeal No. 16 of 1996 has been filed by the sole accused assailing the conviction and sentence passed against him by the learned Sessions Judge, Medak by his judgment in Sessions Case No. 161 of 1995 dated 29.2.1996 under Section 304 Part-II of the Indian Penal Code (for brevity 'IPC').2. Criminal Appeal No. 154 of 1997 has been filed by the State assailing the order of acquittal for the charges under Sections 302, 304-B and 201 of the I.P.C.3. Since both the appeals arise out of the same judgment in Sessions Case No. 161 of 1995, both the appeals can be disposed of by a common judgment.4. The gravamen of the charge against the sole accused was that he having married the deceased Sujatha Grace subjected her to cruelty and harassment within three years of her marriage and soon before her death while demanding an amount of Rs. 5,000/- and that on 11.4.1993 at about 10.30 p.m. in his house at Medak he did commit the murder by intentionally causing the death...
Fareed Jehan Begum Vs. Union of India (Uoi), South Central Railway
Court: Andhra Pradesh
Decided on: Feb-12-2001
Reported in: 2001(5)ALT457
ORDERMotilal B. Naik, J.1. Petitioner herein instituted O.S. No. 27 of 1980 on the file of the Court of the Additional Chief Judge, City Civil Court at Hyderabad seeking a declaration that she is the owner of the suit schedule property and for the relief of possession. The matter was contested by the defendant therein denying the allegations. After full length trial, the trial Court on the basis of oral and documentary evidence, decreed the suit to the extent of declaration sought by the plaintiff, however dismissed the suit as far as the relief of possession is concerned, by judgment dated 31-8-1992. As against the judgment and decree dated 31-8-1992 made by the trial Court, the petitioner-plaintiff carried the matter before this Court by way of C.C.C.A. No. 4 of 1984. The said C.C.CA.No. 4 of 1984 finally fell for consideration before a Division Bench of this Court consisting of Justice G. Radhakrishna Rao and myself (Dr. MBN, J.). After hearing the parties at length, the appeal in C...
D. Rajeshwar Rao Vs. Government of A.P. and Another
Court: Andhra Pradesh
Decided on: Feb-09-2001
Reported in: 2001(2)ALD253; 2001(2)ALT113; 2001CriLJ2667
ORDER1. The scope of judicial review under Article 226 of the Constitution of India seeking to quash the First Information Report ('FIR' for short) falls for consideration in this writ petition. The petitioner has invoked the extraordinary jurisdiction of this Court to quash the FIR in Crime No.95/99, dated 5-5-1999 of Matwada Police Station (Warangal District), registered for offences under Sections 406, 417 and 420 of the Indian Penal Code.2. The factual matrix leading to the filing of the present writ petition is set out as hereunder:- The petitioner, second respondent and one Mr. B. Ramesh constitute a registered partnership firm under the name and style of 'M/s. Padmavathi Engineering Company' dealing in purchase and sale of electrical motors, PVC Pipes, Oil Engines, G1 Pipes, Suguna Motors and other brand engines. In accordance with the terms and conditions of the partnership firm, the partnership business was being run and the 2nd respondent is authorised to sign cheques along w...
Tappala Annapurna and Others Vs. Teppala Dasaradhi
Court: Andhra Pradesh
Decided on: Feb-09-2001
Reported in: 2001(2)ALD508; 2001(2)ALT456
ORDER1. This civil revision petition is directed against the order dated 2-9-1997 passed by the learned District Munsif, Sompeta in EA No.28 of 1995 whereby and whereunder he set aside the auction sale held on 3-2-1995 in EP No.27 of 1987 in OS No.168 of 1977.2. The basic fact of the matter is not in dispute. A decree was passed in favour of the petitioners herein in OS No.168 of 1977 on 29-10-1979 which was marked as Ex.A2 in the order impugned. In execution of the said decree, they filed an execution petition being EP No.27 of 1987 before the executing Court and the auction of the suit schedule properties took place on 3-2-1995 and the sale was confirmed on 15-2-1995. On or about 19-4-1995, the respondent herein filed an application being EA No.28 of 1995 for setting aside the said sale on the ground that the EP schedule property covered by Ex.A3 sale deed dated 2-6-1975 was purchased by him for valid consideration from 6th respondent in the execution petition. The said application h...