Andhra Pradesh Court February 2001 Judgments
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N. Sitadevi and Others Vs. A. Berata and Others
Court: Andhra Pradesh
Decided on: Feb-08-2001
Reported in: 2001(2)ALD620; 2001(2)ALT491
ORDER1. Heard the learned Counsel for the petitioners-appellants. No representation for the respondents. 2. The review petitioners seek review of the judgment and decree dated 3-3-2000 in SA No.520 of 1989 passed by this Court. The brief facts leading to the filing of this petition may be stated as follows: The petitioners herein are the plaintiffs in the suit. They filed the suit OS No. 160 of 1979 on the file of learned Subordinate Judge, Warangal for the reliefs of declaration of title in respect of the suit property and for consequential perpetual injunction. The trial Court recorded a finding that the plaintiffs have made out a case of their title and also held that the plaintiffs were in possession of the suit property and on this ground, the reliefs of declaration of title and consequential perpetual injunction restraining the defendants from interfering with the possession of the suit property were granted. The defendants challenged the judgment and decree of the trial Court in...
Toddy Co-op. Society, Rep. by Its President Vs. Excise Superintendent ...
Court: Andhra Pradesh
Decided on: Feb-08-2001
Reported in: 2001(3)ALT161
ORDER1. This appeal is directed against the order of the learned Single Judge dated 13-10-2000 passed in W.P. No. 19382/2000 which was filed seeking a Writ of Mandamus directing the respondents to send the 2nd sample bottle to the independent laboratory and after receipt of the reports of the 1st and 2nd sample bottle take necessary action as per law. The petitioner also sought to declare (sic. suspend) the proceedings Cr.No. D3/395/ 2000/ESH, dated 29-7-2000 of the 1st respondent-Prohibition and Excise Superintendent as confirmed by the 3rd respondent Dy. Commissioner of Prohibition and Excise, suspending the licence of the writ petitioner.2. For purpose of convenience the parties are referred to as arrayed in the writ petition.3. The writ petitioner-Society consisting of 144 members was engaged in selling toddy under a licence granted by the Prohibition officials. The 1st respondent issued the impugned proceedings dated 29-7-2000 suspending the licence of the writ petitioner on the g...
M.V.V.L. Narasimha Rao and Others Vs. Government of A.P. and Others
Court: Andhra Pradesh
Decided on: Feb-07-2001
Reported in: 2001(2)ALD32; 2001(1)ALT641
ORDER1. This batch of writ petitions may be disposed of by a common order as the same question arises for consideration in all of them.2. The Convenor, MCA-Admissions 2000 by proceedings dated 20-12-2000 in compliance with the Government Memo No.6817/M&R;/A2/2000, dated 4-12-2000 directed the admission of certain minority candidates into first year of MCA in place of non-minority candidates already admitted by certain Minority Educational Institutions. The non-minority students and Minority Educational Institutions challenge the said action. The direction issued by the Convenor and the proceedings dated 4-12-2000 on the file of the first respondent requesting the Convenor, MCACET-2000 to direct the Managements of the Minority Institutions to admit certain minority candidates in the institutions managed by them are impugned in these writ petitions.3. The dispute relates to admission into three years MCA course for the academic year 2000-2001 in various minority colleges.4. The Governmen...
Balu Builders Vs. General Manager, South Central Railway, Secunderabad ...
Court: Andhra Pradesh
Decided on: Feb-07-2001
Reported in: 2001(2)ALD197
ORDER1. This arbitration application is filed under Section 11 of the Arbitration and Conciliation Act, 1996 (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 arosebetween the parties in connection with execution of the work relating to cement concrete aprons for Platform No.4 and partly for Platform Nos.5 and 6 and remodelling of Meter Gauge Yard of Secunderabad Railway Station under Agreement No.103/ CAO/C/SC/94, dated 9-8-1994.2. The material facts leading to filing of this application are the following:The applicant is a Railway Contractor. It was entrusted with the work of providing cement concrete aprons for Platform No.4 and partly for Platform Nos.5 and 6 in connection with additional coaching facilities and remodelling of Meter G...
Abdul Majeed Vs. Yadram Suresh and Another
Court: Andhra Pradesh
Decided on: Feb-07-2001
Reported in: 2001(2)ALD525; 2001(2)ALT417
1. The Plaintiff, who is the petitioner herein, seeks to challenge the orders in IA No.428 of 1999 in OS No.38 of 1994 dated 5-7-2000 on the file of the Junior Civil Judge, Tandur, Ranga, Reddy District allowing an application filed by the respondents-defendants and holding that the document dated 25-8-1992 is admissible in evidence and does not require registration under Section 17 of the Registration Act.2. During the course of the trial, the respondents-defendants sought to introducethe said documents dated 25-8-1992 which is styled as a 'kararnama' executed on Rs.10/- stamp paper in their favour and claimed that it falls under Article 5 or 6 of the Indian Stamp Act and does not require registration and, therefore, admissible. However, the petitioner-plaintiff objected that the said document is a release deed and falls under Article 46 of the Stamp Act and therefore it is compulsorily registrable under Section 17 of the Registration Act and as such cannot be received in evidence.3. ...
K. Sifhora Vs. District Educational Officer Kurnool District, Kurnool ...
Court: Andhra Pradesh
Decided on: Feb-07-2001
Reported in: 2001(2)ALD510; 2001(2)ALT467
ORDERS.B. Sinha, CJ 1. The question, which arises in this writ petition, is as to whether Hindi Sikshak course of Karnataka State can be said to be equivalent to B.Ed., or Pandit Training course recognised by the Government of Andhra Pradesh.2. The petitioner herein along with other applicants filed an application before the learned Tribunal, inter alia, for a direction upon the respondents to issue the hall tickets to them so as to enable them to participate in DSC, 2000 and select them as suitable candidates for the said posts. The said application was dismissed in Limine having regard to the earlier judgment of the Tribunal passed in OA No.4808 of 2000 on 28-9-2000.3. The learned Counsel appearing on behalf of the petitioner submits that a bare perusal of the aforementioned judgment would clearly show that the learned Tribunal has erred in holding that it is the sole prerogative of the Government as regards the equivalence of the certificates. The learned Counsel would contend that ...
Ecil Employees Union Vs. Deputy Registrar of Trade Unions and Deputy C ...
Court: Andhra Pradesh
Decided on: Feb-07-2001
Reported in: 2001(3)ALD60; 2001(3)ALT307; [2001(90)FLR170]; (2001)IILLJ76AP
ORDER1. Questioning the proceedings of the 1st respondent dated 30-10-1989, whereby the Certificate of Registration of the Petitioner-Trade Union was cancelled under Section 10(b) of the Trade Union Act, 1926 (for short 'the Act'), the present writ petition has been filed.2. In response to Rule Nisi, counter affidavit has been filed stating that the office of the 1st respondent has got jurisdiction to cancel the Registration Certificate of thepetitioner-trade union under Section 10(b) of the Act. The 1st respondent issued noticed dated 6-7-1989 to the petitioner asking it to show-cause why the Certificate of Registration shall not be cancelled. Even after receipt of the notice the petitioner-trade union has not chosen to file any explanation. Therefore, the impugned order dated 30-10-1989, cancelling the Registration Certificate issued in favour of the petitioner-trade union, has been passed. The petitioner made a representation to the first respondent for setting aside the cancellatio...
Satti Satyavathi Vs. District Collector and ors.
Court: Andhra Pradesh
Decided on: Feb-07-2001
Reported in: 2001(2)ALT476
ORDERB. Sudershan Reddy, J.1. The notice dated 16-10-2000 issued by the Mandal Revenue Officer, the 3rd respondent herein directing the petitioner to stop the manufacture of bricks on the pain of action being initiated under Section 133 Cr.P.C. is impugned in this writ petition. The notice is self-explanatory. In the notice, it is alleged that the petitioner started a cement brick unit at Rangampeta Village causing sound and air pollution. The petitioner was already put on notice by the 3rd respondent on 10-10-2000 requiring her to stop the manufacture until further orders.2. In this writ petition, learned Counsel for the petitioner Sri K. Venkatesh contends that the unit where the cement bricks are being manufactured by the petitioner is far away from the village. It is also submitted that it is not causing any sound and air pollution to the residents of the village. It is the case of the petitioner that even before the proceedings under Section 133 Cr.P.C. are initiated, the 3rd resp...
G. Nandakishore and Others Vs. Government of A.P. and Others
Court: Andhra Pradesh
Decided on: Feb-06-2001
Reported in: 2001(2)ALD53; 2001(1)ALT586
ORDER1. The dispute in the instant batch of writ petitions relates to the admissions into first year Engineering Courses under Sports quota. All the petitioners in this batch of writ petitions are claiming seats under Sports and Games quota. The legality and validity of pattern of priorities adopted for admission into Engineering Courses for 1/2 % seats reserved for the Games and Sports is challenged in this batch of writ petitions. The legality and validity of G.O. Ms. No.103, dated 15-7-2000 and G.O. Ms. No.149, dated 20-10-2000, under which the pattern of priorities are fixed, are impugned in this batch of writ petitions on various grounds.2. The admission into under graduate professional courses, viz., Engineering, Agricultural and Medical are regulated by the rules known as 'Andhra Pradesh Professional Educational Institutions (Regulation of Admission into Under-Graduate Professional Courses through Common Entrance Test) Rules, 1993' (for short 'the Rules'). The Rules themselves a...
Govt. of A.P. and Another Vs. N. Gangaiah
Court: Andhra Pradesh
Decided on: Feb-06-2001
Reported in: 2001(2)ALD106; 2001(2)ALT293
ORDERS.B. Sinha, CJ.1. This wit petition is directed against the order dated 25-6-1999 passed in OA No.7378 of 1997 by the Andhra Pradesh Administrative Tribunal.2. The respondent was the applicant before the Tribunal. He filed an application under Section 19 of the Administrative Tribunals Act, 1985 for the following reliefs :'(a) To direct the respondents to step up the pay of the applicant in accordance with G.O.157, Education (HE.1), dated 25-5-1994 to be on par with his immediate junior's pay K. Ramachandra Reddy, then Principal Government Degree College, Kakinada w.e.f. 25-9-1986.(b) To direct the respondents that after fixation of scale of pay in accordance with prayer (a) to fix his pay under FR 22-B of Fundamental Rules.(c) To declare that the respondents have no jurisdiction and authority under law not to take any action in refixation of the pay in accordance with report submittedto Lokayukta as contained in orders of Lokayukta dated 20-10-1997 in Complaint No. 1889/1996/B1.(...
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