Andhra Pradesh Court April 2001 Judgments
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A.P. Industrial Infrastructure Corporation Limited, Hyderabad and Anot ...
Court: Andhra Pradesh
Decided on: Apr-28-2001
Reported in: 2001(4)ALD194
ORDERS.B. Sinha, C.J.1. The first appellant herein is a public sector undertaking. The first respondent in these appeals were appointed on ad hoc basis at the construction site of the first appellant having regard to the nature of construction work with different undertakings in different parts of the State. Admittedly, the ad hoc employees are not appointed following the recruitment rules and upon compliance with the provisions contained in Article 14 of the Constitution as therefore neither the vacancies are notified to the employment exchange nor any recruitment notification is made. The first respondents herein were engaged as casual labour from 1-12-1988 till 30-4-1989 when the first appellant undertook construction of Navodaya Vidyalaya building at Krishnapuram and as the construction was completed on 30-9-2000 they were disengaged.2. The learned single Judge, having regard to the decision of the Supreme Court in District Collector v. M.L. Singh, , allowed the writ petitions dire...
Koneru Venkataratnam Vs. Union of India and Others
Court: Andhra Pradesh
Decided on: Apr-28-2001
Reported in: 2001(4)ALD112; 2001(4)ALT106
ORDERS.B. Sinha, C.J.1. Vires of Section 13(2) of the Arbitration and Conciliation Act, 1996 (for short' the Act') is in question. The said question arises under the following circumstances:2. The petitioner herein had entered into a hire purchase agreement for purchasing a vehicle with the 2nd respondent. Allegedly disputes and differences arose between the parties and the petitioner with a view to give quietus thereto handed over the possession of the vehicle in question on 24-8-1998. The 2nd respondent, however, for resolution of the disputes and differences between them appointed the 3rd respondent herein as Arbitrator. The 3rd respondent issued a notice dated 28-6-1998 which reads thus:Please take notice that the petitioner has made the above reference to me, the copy of which is enclosed herewith, for deciding the claim arising out of thehire purchase agreement dated 22-12-1997 and I having accepted the said reference posted the above matter for your appearance before me in my of...
D. Janaki Rama Rao and Others Vs. Govt. of A.P. and Others
Court: Andhra Pradesh
Decided on: Apr-27-2001
Reported in: 2001(3)ALD505
ORDERS.B. Sinha, CJ 1. These two writ petitions arise out of an order passed by the Andhra Pradesh Administrative Tribunal in OA Nos.5499 of 1999, dated 5-3-2001 whereby and whereunder the original application filed by the petitioners under Section 19 of the Administrative Tribunals Act, 1985 challenging the action of the respondents in terminating their services was dismissed.The petitioners herein were originally employed in M/s. Hyderabad Allwyn Auto Limited which is a State Government Company. When this company became sick the Government had formulated a scheme to absorb the surplus staff of the company into the Government Departments and State Public Enterprises. Pursuant to such scheme M/s Hyderabad Allwyn Auto Limited notified on its notice board stating that the employees who are willing to be drafted to the other Government Departments or Public Enterprises may make their applications whereupon 40 persons have submitted their applications. After holding the process of intervie...
Y. Mohan Rao Vs. A.P. Administrative Tribunal, Hyderabad and Others
Court: Andhra Pradesh
Decided on: Apr-27-2001
Reported in: 2001(3)ALD641; 2001(3)ALT604
ORDERS.B. Sinha, C.J. 1. This writ petition is directed against a judgment and order dated 1-2-2000 passed by the Andhra Pradesh Administrative Tribunal whereby and whereunder the original application filed by the petitioner under Section 19 of the Administrative Tribunals Act, 1995 was dismissed.2. The petitioner was appointed as Medical Assistant on 27-12-1975 whereas the 4th respondent was appointed as Non-Medical Assistant in the Leprosy Control Unit on 28-2-1979. The petitioner admittedly was promoted to the post of Health Educator on 16-10-1998.3. The qualification for holding the said post by way of transfer or promotion is governed by statutory rules known as Health Educators in the National Leprosy Control Programme Service Rules. Rule 5 of the Rules reads thus:Qualification;-(i) By promotion- (a) The candidate must have put in a minimum period of three years of service of which two years should be in the category of Non-Medical Assistant in the Andhra Pradesh Medical Subordin...
M. Baga Reddy Vs. Sonia Gandhi and Others
Court: Andhra Pradesh
Decided on: Apr-27-2001
Reported in: 2001(3)ALD636
ORDERS.B. Sinha, C.J. 1. Whether the Indian National Congress is a State within the meaning of Article 12 of the Constitution of India and as such a writ petition will be maintainable is the question involved in this application.2. The petitioner herein contested for Member of Parliament from Medak Constituency in 1999. He lost his election. According to the petitioner the Indian National Congress being a political party of National importance should give full status as Pradesh Congress Committee to theTelangana region comprising of 10 districts and consequently a direction shall be given to the State Election Commission to accord recognition thereto. The petitioner has traced the history of the creation of State of Andhra Pradesh and inter alia contends that as even in terms of the amended Constitution Indian National Congress, it continues to show Andhra State as one of the Pradesh Congress Committees. By ignoring the case of Telangana region the possibility of the movement for a sep...
B.C. Harinarayanamma and Others Vs. V. Narasimha and Others
Court: Andhra Pradesh
Decided on: Apr-27-2001
Reported in: 2001(4)ALD29; 2001(4)ALT580
1. Heard both sides.2. This appeal is directed against the judgment of the District Judge, Ranga Reddy dated 7-6-1993 rendered in AS No.20 of 1991 under which the appeal was allowed and the judgment and decree of the trial Court dated 17-6-1991 in OS No.160 of 1982 on the file of the District Munsif, West and South, R.R. District decreeing the suit was set aside resulting in dismissal of the suit. Thus, the plaintiffs in the suit are the appellants herein and the defendants are the respondents herein.3. The facts leading to this second appeal may be stated briefly as follows:The four plaintiffs filed the suit for declaration of the title and recovery of possession of suit schedule property, namely, six acres of land in Survey No.69 of Kondapur village. The trial Court decreed the suit. The defendants filed the appeal in AS No.20 of 1991 before the District Judge, Ranga Reddy. When the appeal came up for hearing before the District Judge on 26-8-1991, a memo was filed by the learned Cou...
K. Venkata Reddy Vs. Commissioner of Income Tax, A.P.ii, Hyd. and Anot ...
Court: Andhra Pradesh
Decided on: Apr-27-2001
Reported in: 2001(4)ALD51; 2001(4)ALT160
ORDERS. Anand Reddy, J.1. This writ petition is filed praying for the issue of writ of mandamus declaring that the Communication No.CIT.AP.II/KVSS/190/ 98-99, dated 17-12-1999 issued by the 1st respondent as illegal, arbitrary and consequential declaration that the payment dated 27-3-1999 made by the petitioner is valid and to direct the respondents to issue to the petitioner a certificate as required under Kar Vivad Samadhan Scheme, 1998.2. The petitioner is an individual, who was in arrears of tax to the Income Tax Department for the assessment years 1993-94and 1994-95. While so, in the year 1998 the Government of India, Ministry of Finance declared a scheme called 'Kar Vivad Samadhan Scheme, 1998 (hereinafter referred to as 'the KVS Scheme' or 'the Scheme') with an object of reducing litigation, collecting revenues by the Government at an early date and for de-clogging the legal system by reducing the number of appeals, writ petitions, revisions etc., pending as on that date. As per...
Orient Traders, Tirupati Vs. Commercial Tax Officer-i, Tirupati
Court: Andhra Pradesh
Decided on: Apr-27-2001
Reported in: 2001(4)ALD67; 2001(4)ALT153
ORDERS. Anand Reddy, J.1. This writ petition is filed praying for the issue of writ of certiorari or any other appropriate writ or order and quash the revised assessment proceedings in GI No.6791/94-95, dated 10-12-1996 after calling for the records relating to the said revised proceedings.2. It is stated that the petitioner was carrying on business in silver as a registered dealer on the rolls of the respondents. Bullion and specie are taxable at the rate of 2% with effect from 8-7-1983 under item 20 of the First Schedule of Andhra Pradesh General Sales Tax Act, 1957 (hereinafter referred to as 'the APGST Act'). Same rate is also applicable under Item-21, with reference to the articles and jewelleries made of billion and/or specie or both, excluding precious stones. It is also stated that Explanation-1 to the said Schedule defines bullion as pure gold or silver andincludes gold or silver mixed with copper, led or any other kind of base metal. While so, the Government of Andhra Pradesh...
Dr. Prgada Rajaganathi and Others Vs. P. Goverdhan Reddy and Others
Court: Andhra Pradesh
Decided on: Apr-27-2001
Reported in: 2001(4)ALD78; 2001(3)ALT630
ORDERS.B. Sinha, C.J. 1. This writ petition is directed against the judgment and order dated 2-12-1999 passed by the A.P. State Administrative Tribunal in OA No.7129 of 1999 whereby and whereunder, an application filed by the respondents ], 2 and 3 herein was allowed with the following direction:This OA is disposed of with a direction to the respondents that any selection and appointment by transfer of College Lecturers to the post of Principal in Degree Colleges should be strictly in accordance with the rules issued in G.O. Ms. No.158, dated 10-6-1987 as amended in G.O. Ms. No.131, dated 29-5-1990 and as clarified in Government Memo. No.276 HE.l/90-15, dated 29-3-1995 and if the applicants come within the zone of consideration for appointment by transfer to the post of Principal, Degree Colleges, their cases should also be considered along with others if they are otherwise eligible and qualified in terms of the rules issued in G.O. Ms. No.158, dated 10-6-1987 read with G.O. Ms. No.131...
K. Satyanarayana Vs. Govt. of A.P. and Others
Court: Andhra Pradesh
Decided on: Apr-27-2001
Reported in: 2001(4)ALD36; 2001(3)ALT654
ORDERS.B. Sinha, CJ1. In these writ petitions, the petitioners have sought for adeclaration that the various orders issued by the State Government in G.O. Ms. No.1, dated 1-1-2001, G.O. Ms. No.356, dated 22-11-1999, G.O. Ms. No.183, dated 1-3-2000 and G.O. Ms. No.165, dated 23-2-2000 of the Industries and Commerce (Mines-I) Department are arbitrary, illegal and violative of Articles 14, 19 and 21 of the Constitution of India and for a further declaration that they are beyond the legislative competence and rule making power of the State, conferred by virtue of Mines and Minerals (Regulation and Development) Act, 1957 (Parliamentary Act) being contrary to the objectives and provisions of the said Act.2. By reason of the G.O. Ms. No.1, Industries and Commerce (MI) Department dated 1-1-2001, the Governor of Andhra Pradesh in exercise of the powers conferred by sub-section (1) of Section 15 of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as 'the sai...
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