Andhra Pradesh Court February 2001 Judgments
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Gandaiah (Died) Per Lrs. and Others Vs. Government of A.P.
Court: Andhra Pradesh
Decided on: Feb-09-2001
Reported in: 2001(3)ALD99; 2001(2)ALT604
ORDER1. This application arises out of an order dated 15-11-1997 passed by the Joint Collector, Mahboobnagar in Case No.B7/17/1994 whereby and whereunder an appeal filed by the respondent herein was allowed setting aside the order passed by the Revenue Divisional Officer, Mahboobnagar conferring ownership right in respect of the suit lands on the petitioners under Section 38-E of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 holding that the suit lands in question had actually vested in the State under Section 11 of the Andhra. Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973.2. The petitioners are protected tenants in terms of the provisions of the Tenancy Act. One Pradeep Reddy is said to be the original pattedar. He being a surplus land holder, the question whether he held lands in excess than the prescribed ceiling area in terms of the Act, 1973 came up for consideration. He had surrendered the said lands in question. The respondent's...
Union of India Vs. Uggina Srinivasa Rao
Court: Andhra Pradesh
Decided on: Feb-09-2001
Reported in: II(2001)ACC208; 2003ACJ402; 2001(3)ALD247; 2001(3)ALT429
ORDERN.Y. Hanumanthappa, J.1. The two miscellaneous appeals are filed by the Union of India, represented by the General Manager, South Central Railway, Secunderabad challenging the orders respectively passed in OAA No. 14 of 1998 and OAA No.41 of 1998 by the Railway Claims Tribunal, Secunderabad directing payment of compensation to the passengers involved in the railway accident. Since the common question arises in these two appeals with the consent of both the parties they can be disposed of by a common order.2. The parties in this appeal are referred to as arrayed in the original application. One Uggina Srinivasa Rao (hereinafter referred to as the 'injured person'), respondent in CMA No. 3103 of 1998 of Anakapalle filed an application before the Railway Claims Tribunal in OAA No.14 of 1998 stating that on 1-12-1997 while he was travelling in Train No.7016, Secunderabad - Palasa (Visakha Express) from Anakapalle to Visakhapatnam, he fell down accidentally from the coach at Anakapalle...
Commissioner of Income-tax Vs. Social Service Centre
Court: Andhra Pradesh
Decided on: Feb-09-2001
Reported in: (2001)169CTR(AP)130; [2001]250ITR39(AP)
Bilal Nazki, J.1. The assessee is a trust registered under Section 12A of the Income-tax Act, 1961, as a charitable trust. The assessee filed a return of income barring the income after claiming exemption under Sections 11 and 12. The return was processed under Section 143(1)(a). The case was selected for scrutiny. Notice under Section 143(2) was issued. The assessee filed the information called for and the books of account were examined by the Assessing Officer. He found that Clause (3) of the memorandum and articles of association spelt out the aims and objects of the society which were all charitable in nature but on verification of the return and other books and statements, the Assessing Officer found that the trust was mainly engaged in religious activities. The assessee had claimed that, it had incorporated the objects of religious purposes in its memorandum by passing the necessary resolution at an extraordinary general body meeting held on August 10, 1993. It was also pointed o...
Singareni Collieries Company Limited and anr. Vs. B.V.S. Vara Prasad a ...
Court: Andhra Pradesh
Decided on: Feb-09-2001
Reported in: 2001(2)ALT447
S.B. Sinha, C.J.1. This appeal is directed against the judgment and order dated 1-2-2000 passed by a learned Single Judge of this Court in Writ Petition No. 25133 of 1997 whereby and whereunder the writ petition filed by the respondents herein praying for grant of time bound promotion in terms of alleged policy decision adopted by the appellant herein was allowed.2. The respondents-writ petitioners originally were appointed in Civil Engineering Department of the first appellant-Company. The writ petitioners 1 to 11 were appointed as Supervisors Grade-A. According to them, in terms of the promotional policy as was existing prior to 1991, there existed a provision for promoting the Diploma Holders from Grade-B to Grade-A on completion of three years of service and from Grade-A to Junior Engineer i.e., Executive Grade-I on completion of two years of service. The said petitioners were promoted to Supervisor Grade-A and thus their case is that the rest of the writ petitioners also ought to ...
U. Srinivasa Rao and anr. Vs. Nuclear Fuel Complex, Department of Atom ...
Court: Andhra Pradesh
Decided on: Feb-09-2001
Reported in: 2001(2)ALT137
S.B. Sinha, C.J.1. The writ petitioners appear to have been selected in the year 1992, wherefor a selected list was prepared. They were not appointed. Thereafter, in the year 1994, an amendment in the procedure for selection had come into force. The petitioners filed applications, when fresh vacancies were notified, before the Tribunal praying therein for a direction upon the respondents to give effect to the aforementioned 1992 panel. The Original Application was dismissed; whereagainst the present writ petition has been filed.2. Learned Counsel appearing on behalf of the petitioners submits that by reason of the said 1994 amendment, only a provision for training has been inserted and the writ petitioners are ready to undergo such training.3. However, it is not disputed that the petitioners had been selected out of 1992 select list. It is now a well settled principles of law that a panel cannot be allowed to remain alive for a long time. It is further well settled that once a new proc...
Ashok Engineering Company Engineers and Contractors Vs. General Manage ...
Court: Andhra Pradesh
Decided on: Feb-08-2001
Reported in: 2001(2)ALD208; 2001(2)ALT449
ORDER1. This arbitration applications 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 of this Court under subsection (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 construction of staff quarters at Vikarabad TDU (D) under written Agreement No.94/ CAO/C/SC/92, dated 20-8-1992.2. 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 work of construction of staff quarters at Vikarabad TDU (D) by the respondents (hereinafter referred to as 'the Railways' for short) under the aforesaid agreement. The approximate value of the work that was to be done under the agreement was Rs.32,65,944/- and the schedule d...
Nellore District Co-operative Central Bank Limited, Nellore Vs. Presid ...
Court: Andhra Pradesh
Decided on: Feb-08-2001
Reported in: 2001(2)ALD193; 2001(2)ALD193; 2001(2)ALT146; 2001(2)ALT146; [2001(89)FLR1065]
ORDERS.B. Sinha, CJ 1. The question which arises for consideration in this writ appeal arising out of a judgment and order dated 18-11-2000 passed by a learned single Judge of this Court in Writ Petition No.7796 of 2000 is as to whether the Labour Court or the Industrial Tribunal can set aside an ex parte order despite publication of the award in the official gazette in terms of Section 17-A of the Industrial Disputes Act, 1947. 2. An ex parte award against the appellant was passed on 31-10-1997. It did not file an application to set aside the award within a period of 30 days but filed such an application 40 days thereafter. The labour Court rejected the application on the ground that the same cannot be entertained having regard to the fact that the application for setting aside the ex parte order was filed beyond the period of 30 days from the date of the award and the same has already been published in the gazette. Consequently, it was held that it had no power to condone the delay. ...
Executive Officer, Tirumala Tirupathi Devasthanam, Tirupathi, Chittoor ...
Court: Andhra Pradesh
Decided on: Feb-08-2001
Reported in: 2001(2)ALD247; 2001(2)ALT263
ORDERS.B. Sinha, CJ. 1. This appeal is directed against a judgment and order dated 22-2-1999 passed by a learned single Judge of this Court in WP No.14784 of 1993 whereby and whereunder the writ petition filed by the respondent herein was allowed.2. The basic fact of the matter is not in dispute. The respondent was appointed as an Instructor (Welder) in an institution known as S.V. Training-cum-Production Centre for TTD, Tirupati. He joined duty on 28-3-1993.3. The said institution is an educational institution is not in dispute. It is also not in dispute that the aforementioned educational institution is affiliated with Director General of Employment and Training (DGET, for short), which is a department of the Government.4. The interpretation of the proviso appended to Rule 9 (i) of the TTD Employees Service Rules, 1999 (hereinafter referred to as 'the Rules', for brevity) framed by the State of Andhra Pradesh in exercise of the power conferred upon it under A.P. Charitable and Hindu ...
A. Swarajyalakshmi Vs. Registrar General of India (Census), New Delhi ...
Court: Andhra Pradesh
Decided on: Feb-08-2001
Reported in: 2001(2)ALD223; 2001(2)ALT258
ORDERS.B. Sinha, CJ1. Obtaining ofemployment by filing a false caste certificate resulting in an order of removal was the subject-matter of an application before the Tribunal and the order passed therein being dated 24-1-2001 in OA No.1678 of 1999 is the subject-matter of this writ petition.2. The short fact of the matter is as follows: The petitioner claims to have married a person belonging to Konda Kapu community - a community recognized as a Scheduled Tribe. Her husband obtained a caste certificate from the then Member of Legislative Assembly of Secunderabad Assembly Constituency. A similar certificate was obtained on the basis of the former one by the petitioner from the Special Tahsildar, MIGH Scheme, Hyderabad on 4-11-1977. She was appointed in July, 1980 as Lower Division Clerk in a post which was reserved for Scheduled Tribe candidates.3. The Joint Collector later on cancelled the said certificate. The petitioner's husband faced an order of dismissal. A proceeding was also ini...
M.V.R. Sharma Vs. State of A.P. and Others
Court: Andhra Pradesh
Decided on: Feb-08-2001
Reported in: 2001(2)ALD572; 2001(2)ALT426
ORDERS.B. Sinha, CJ1. The petitioner herein has filed this writ application, which has been treated as Public Interest Litigation, alleging inter-alia that the respondent No.2 herein has not adopted any norms for collecting the parking fee. According to the petitioner a busy person like him who has to go to several places may have to pay parking fee for parking his vehicle many times a day, which is illegal. According to the petitioner, various persons are collecting the said parking fee without any authority. It has been stated that parking fee in case of two wheelers is charged at the rate of Rs.2/- and in case of four wheelers at Rs.5/-, but no concession has been shown for women and physically handicapped persons, nor any separate rate has been fixed for AC luxury cars like Premier NE 118, Maruti 1000 CC, Esteem Doshi Ford, Opel Astra, Tata Safari, Sumo, Ceilo, New Honda Citi, Fiat Uno etc., which occupy more parking space.2. It is stated that although lot of money is being collect...
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