Andhra Pradesh Court March 2001 Judgments
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B. Kishtu Vs. High Court of Andhra Pradesh, Hyderabad and Another
Court: Andhra Pradesh
Decided on: Mar-29-2001
Reported in: 2001(4)ALD127; 2001(4)ALT4
ORDERS.R. Nayak, J.1. The petitioner while serving as Deputy Nazir in the Munsif Magistrate Court, Boath, by the impugned proceedings of the High Court in Roc.No.500/90-B.Spl (SC), dated 31-1-1994 was ordered to retire compulsorily as a measure of disciplinary action. Hence, this writ petition, assailing the validity and legality of the same.2. The background relevant facts to be stated briefly are as under:-The disciplinary authority, namely, the learned District and Sessions Judge, Adilabad, 2nd respondent herein initiated departmental enquiry against the petitionerand four others, framing as many as 16 charges. Though, initially the charges were issued against the petitioner and four others, it appears that the enquiry against Sri V. Shankarachary, Munsif Magistrate, Boath was separated from common enquiry and the enquiry was conducted against the remaining for delinquents. Among 16 charges, the petitioner herein was charged with only charges Nos.7 and 8, which read as follows : Cha...
Gellapudi Satyam Vs. State
Court: Andhra Pradesh
Decided on: Mar-29-2001
Reported in: 2001(1)ALT(Cri)503; 2002CriLJ762
Vaman Rao, J.1. This appeal is directed against the judgment of the Assistant Sessions Judge at Khammam dated 17-9-1997 rendered in Sessions Case No, 270 of 1994 under which the appellant herein has been convicted for the offence under Section 307 of IPC and sentenced to undergo rigorous imprisonment for 10 years.2. The facts of the case as brought out during the evidence may be stated briefly as follows :3. The de facto complainant P.W. 1 (victim) is a rickshaw puller. He was engaged by the accused to transport earthen pots for the whole day on 13-4-1994. At the end of the work, P.W. 1 took the accused to his house in his rickshaw. P.W. 1 demanded remuneration for his work from the accused. On this, the accused got enraged and abused P.W. 1 and also slapped him. When P.W. 1 protested, the accused went inside his house and brought a tin of kerosene oil and poured kerosene on P.W. 1 and lit a match and set fire to P.W. 1. When P.W. 1 raised cries, some neighbours went to the scene and o...
Dr. V. Sivarami Reddy Vs. State of A.P., Medical and Health Dept. and ...
Court: Andhra Pradesh
Decided on: Mar-29-2001
Reported in: 2001(3)ALT560
ORDERV.V.S. Rao, J.1. The third respondent is Professor of Plastic Surgery in Osmania University Medical College (OMG). At present he is working in M.N.J. Institute of Oncology and Regional Cancer Centre, Hyderabad. He filed O.A.No. 5427 of 1999 under Section 19 of Administrative Tribunals Act, 1985 ('the Act' for brevity) before the A.P. Administrative Tribunal ('the Tribunal' for brevity) to quash Memo No. 19551/A1/ 98-1 dt. 17-4-1999 passed by the Government of Andhra Pradesh, the first respondent herein and also seeking consequential direction to forthwith reconsider the representations of the applicant dt. 7-1-1998 and 13-5-1998 for transfer to OMC/Osmania General Hospital (OGH) as Professor of Plastic Surgery. The impugned order dt. 17-4-1999 reads as under:In pursuance to the order of A.P. Administrative Tribunal referred to above, the representation of Dr. G.V. Sudhakar, Professor of Plastic Surgery, Osmania Medical College/ M.N.J. Institute of Oncology and Regional Cancer Cent...
Union of India and Others Vs. S.K. Joshi and Others
Court: Andhra Pradesh
Decided on: Mar-28-2001
Reported in: 2001(3)ALD323; 2001(4)ALT247
ORDERSinha, CJ 1. This writ petition is directed against the order of the Central Administrative Tribunal, Hyderabad Bench in OA No. 1311 of 1998 dated 22-2-1999 as also the order passed in Review Application No.37 of 1999 dated 24-6-1999.2. The only question involved in this writ petition is whether the assignment given to the 1st respondent herein to the positionof Co-Director of Indian Environment Facility Project (for short 'ICEF'), a joint initiative undertaken by the Government of India and the Government of Canada, can be withdrawn or cancelled by the appellant herein on the ground that there was delay in taking up the assignment by the 1st respondent and whether the 1st respondent had acquired any right to the said assignment even if the delay in taking up the assignment could not be attributed to him?3. A few facts leading to the controversy may be noticed:- The Government of India and the Government of Canada, with the objective to enhance the capacity of Indian Institutions ...
Commissioner and Special Officer, Municipal Corporation of Hyderabad a ...
Court: Andhra Pradesh
Decided on: Mar-28-2001
Reported in: 2001(3)ALD385
ORDERS.B. Sinha, CJ. 1. The petitioners herein are aggrieved by an interim order dated 13-12-2000 passed in OA No.3427 of 2000 granted in favour of the 1st respondent herein by the A.P. Administrative Tribunal which is to the following effect:'Pending further consideration of the OA, the 2nd respondent is directed to reinstate the applicant into duty forthwith and continue to pay his pay and allowances which he was drawing as on the date of his retirement on 30-6-2000, However, the applicant is not entitled to make any claim for wages for the period from the date of his retirement on 30-6-2000 till his actual date of reinstatement, and this issue will be agitated at the time of final disposal of the OA.'2. The question which arose for consideration in the Original Applicationfiled by the 1st respondent herein is as to whether having regard to the provisions of Section 3 of the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984 (for short 'the Act'), his ag...
T. Venkataram Reddy Vs. Kimidi Kala Venkata Rao and Others
Court: Andhra Pradesh
Decided on: Mar-28-2001
Reported in: 2001(3)ALD358
1. This election petition was filed by one T. Venkataram Reddy against the respondents. It was averred by the election petitioner that in the biennial elections to the Council of States in 1998 from the Andhra Pradesh Legislative Assembly for filling six seats on 27-3-1998, the petitioner herein and the respondents No.l to 6 contested for the same. The petitioner herein contested as a candidate from the Indian National Congress. Respondents 1 and 3 to 6 contested on behalf of the Telugu Desam Party. Respondent No.2 herein contested on behalf of the Communist Party of India. Mr. C. Venkateshan, the 7th respondent herein was the Returning Officer.2. It is further stated that the petitioner herein got 41 first preferential votes. The 7th respondent, who is an activist of the Telugu Desam Party after his retirement, as a Secretary to the A.P. Legislative Assembly, is obliged to the Telugu Desam Party, especially to the present Chief Minister who re-appointed him and extended his term atlea...
Gopalakrishna Lakanidhi Vs. Union of India and Others
Court: Andhra Pradesh
Decided on: Mar-28-2001
Reported in: 2001(3)ALD436
ORDERS.B. Sinha, CJ 1. A novel question as regards the validity of Sections 54 and 155(4) of the Indian Evidence Act being violative of Article 14 of the Constitution of India has been raised in this application which has been filed by way of public interest litigation. According to the petitioner the character of an accused becomes irrelevant in terms of Section 54 of the Evidence Act whereas the same is used against a prosecutrix in terms of subsection (4) of Section 155 thereof.2. In the aforementioned situation the petitioner has prayed for the following reliefs:'It is, therefore, prayed that this Hon'ble Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus directing the respondent 1 herein to bring in suitable amendment to Sections 54 and 155(4) of Indian Evidence Act, 1872 and also Section 179 of Criminal Procedure Code so as to suit to the women victims insofar as jurisdiction for registration of crimes is concerned and...
Chairman and Managing Director, Hindustan Cables Limited, Calcutta and ...
Court: Andhra Pradesh
Decided on: Mar-28-2001
Reported in: 2001(3)ALD484; 2001(3)ALT595
ORDERS.B. Sinha, CJ 1. The only question which arises for consideration in this writ appeal which is directed against a judgment and order dated 17-8-2000 passed by a learned single Judge of this Court in WP No. 12763 of 1994 is as to whether the respondent therein who was ex-military personnel was entitled to get the pay protection in terms of a memorandum of the Central Government dated 25-11-1958.2. The basic fact of the matter is not in dispute. The respondent herein was appointed as a tradesman 'C' with effect from 2-2-1973 in the scale of pay of Rs. 160-8-240. He retired as Hawaldar class IV on 18-5-1973. He was subsequently promoted to the post of tradesmen grade D in the scale of pay of Rs.295-445 with effect from 20-4-1976 and again promoted to the post of Chargehand in the scale of pay of Rs.335-560 with effect from 25-4-1978. Yet again he was promoted to the post of senior supervisor with effect from 3-7-1983 in the scale of pay of Rs.590-22-964. Finally he was promoted as a...
Pirani and Co. Vs. Assistant Commissioner of Income Tax, Hyderabad
Court: Andhra Pradesh
Decided on: Mar-28-2001
Reported in: 2001(3)ALD382
ORDERS.R Nayak, J. 1. This appeal filed under Section 260A of the Income Tax Act, 1961 (for short 'the Act') is directed against the order dated 23-6-2000 passed in ITA No.270/Hyd/1995 on the file of the learned Income Tax Appellate Tribunal (for short 'Tribunal'), Hyderabad Bench 'A' for the assessment year 1991-92. It arises from the order of the Assessing Officer in proceedings under Section 143(3) of the Act.2. The appellant is a partnership firm engaged in the sale and purchase of iron scrap in wholesale. The assessment year under consideration is the assessment year 1991-92. For the said year, the appellant disclosed its income at Rs. 1,83,454-00. The assessment was completed determining the income of the appellant at Rs.16,45,416-00. This figure was arrived at by making additions under Section 69 of the Act to the tune of Rs. 10,05,000-00 being loans received from different parties and the interest paid thereon amounting to Rs.24,079-00. The Assessing Officer also made additions...
Mohd. Ahmed Ali and Others Vs. State of A.P. and Others
Court: Andhra Pradesh
Decided on: Mar-28-2001
Reported in: 2001(3)ALD428; 2001(3)ALT468
ORDERS.B. Sinha, CJ1. The petitioners in this application have inter alia prayed for the following reliefs:'.....this Hon'ble Court may be pleased to issue an order or direction more particularly one in the nature of writ of mandamus declaring the Act No.27/98 issued by the 1st respondent as illegal, arbitrary and contrary to the orders passed by the Hon'ble Supreme Court in CivilAppeal Nos.82 and 83 of 1999, dated 11-1-1999 and Civil Appeal No.l867 and 1868 of 1999, dated 26-3-1999 and further direct the respondents as Supervisors (Assistant Engineers)/ Tracer in the existing vacancies in terms of G.O. Ms. No.212, Finance and Planning dated 22-4-1994 and G.O. Ms. No.330, MA, dated 24-9-1994 and also as per the judgments of the Hon'ble Supreme Court in Civil Appeal Nos.82 and 83 of 1999 dated 11-1-1999 and civil appeal No.1867 and 1868 of 1999, dated 26-3-1999 without insisting the completion of 5 years of service as on 25-11-1993 by declaring that they are entitled for regularisation ...
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