Andhra Pradesh Court April 2001 Judgments
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Kolli Sai Pratheeka and Others Vs. Unit Trust of India and Others
Court: Andhra Pradesh
Decided on: Apr-16-2001
Reported in: 2001(3)ALD297; 2001(3)ALT146
ORDER1. This batch of writ petitions may be disposed of by a common order since common questions of law and fact arise for consideration. 2. The petitioners seek a writ of mandamus declaring the action of the respondents in terminating the Rajlakshmi Unit Scheme-1992 as illegal, arbitrary and violative of principles of natural justice. The petitioners pray for a consequential direction directing the respondents to continue the scheme. 3. The Unit Trust of India (UTI) launched a scheme known as 'Raj Lakshmi Unit Scheme, 1992 (RUS-1992)' (for short 'the Scheme') as an exclusive scheme for the benefit of women. The scheme itself is proclaimed to be a tribute by the UTI to women. The Scheme is meant for all those who care for her future, when she would enter the most critical phase of her life, around the age of 21 and encounters challenges of marriage, entry and adjustment in a new household, motherhood and economic independence. This Scheme is intended to meet the critical financial need...
institute of Public Health and Hygiene, New Delhi Vs. State of A.P. an ...
Court: Andhra Pradesh
Decided on: Apr-16-2001
Reported in: 2001(3)ALD588; 2001(3)ALT565
ORDERV.V.S. Rao, J1. The questions of fact and law that arise for consideration in these matters are inter-related, and therefore, it is necessary for us to deal them jointly and dispose of by a common judgment.2. The validity or otherwise of the Diploma in Public Health and Sanitation Technology, granted by the Institute of Public Health and Hygiene, New Delhi (for brevity 'the New Delhi Institute'), is in issue in WP No. 3102 of 1996. In WP No. 24701 of 1999 the legality or otherwise of the order dated 15-11-1999, passed by the A.P. Administrative Tribunal (for brevity 'the Tribunal') in MA No.2914 of 1999 in OA No.6567 of 1999, is questioned. The two different litigations converge before us for decision under Article, 226 of the Constitution of India, in the circumstances, as noticed below:Multi-purpose Health Assistant (Male and Female) (for brevity 'MHA') is a distinct category of post in A.P. Public Health Subordinate Services. The method of appointment is governed by the rules, ...
Puvvula Venkata Satyanarayana Murthy Vs. Govt. of A.P and Others
Court: Andhra Pradesh
Decided on: Apr-16-2001
Reported in: 2001(3)ALD724
ORDERS.R. Nayak, J 1. The petitioner while serving as II Additional District Munsif, Kovvur, West Godavari District, was dismissed from service after holding-a departmental enquiry against him. The charges framed against the petitioner are the following:Charee No.1: That you Sri P.V. Satyanarayanmurthy, while working as II Addl. District Munsif, Kovvur, West Godavari District disposed off STC No.589/96 on 8-7-1996 which was filed under Section 9(1) of the A.P. Gaming Act, in which the accused are 46 in number and the amount seized in that case was Rs.1,03,000/- and they admitted the offence and they were convicted and sentenced by you to pay a fine of Rs.300/- each in default to suffer simple imprisonment for a period of 30 days each. Whereas in similar cases under Section 9(1) of A.P. Gaming Act, which were disposed of by you i.e., in STC No.584/96, the amount seized was only Rs.156/- and on the admission made by the accused, you convicted them on 5-7-1996 and sentenced them to suffer...
Bheemavarapu Venkat Reddy Vs. Commercial Tax Officer, Intelligence, Gu ...
Court: Andhra Pradesh
Decided on: Apr-16-2001
Reported in: 2001(4)ALD6
ORDERS.R. Nayak, J.1. The petitioner is a dealer carrying on business in stainless steel articles who is registered as a dealer under the APGST Act, 1957 (for short 'the Act') and he is on the rolls of the 1st respondent, namely the Commercial Tax Officer (Intelligence), Guntur. While so, the business premises of the petitioner was inspected by the 1st respondent along with his staff on 22-9-1988 and during the course of inspection one small size pocket note book and seven slips of papers which contain sales and purchases of stainless steel articles were recovered. A detailed stock inventory was also drawn. The inventory revealed that there is a deficit stock of 241 Kgs 965 grams of stainless steel articles. Onverification of transactions contained in the slips with reference to the account books, it was noticed that the dealer failed to record the purchases of stainless steel to an extent of Rs. 18,878/- and sales of stainless steel articles to an extent of Rs.23,660/-during the relev...
A.P.S.R.T.C. Represented by Its Depot Manager Vs. K. Mangathai and ors ...
Court: Andhra Pradesh
Decided on: Apr-16-2001
Reported in: 2001(4)ALT29; [2001(91)FLR125]; (2002)ILLJ164AP
ORDERS.B. Sinha, C.J. 1. This writ appeal is directed against the Judgment dated July 1, 1999 passed by a learned single Judge of this Court whereby and whereunder the writ petition filed by the appellant herein was dismissed. The learned single Judge passed the following Order:'Questioning the award passed by the Industrial Tribunal in I.D. No. 66/94 whereunder the Tribunal having held that the deceased employee is entitled for reinstatement with back wages after setting aside the order of removal and as the employee died during the pendency of the award, a direction was given to the petitioner-Corporation herein to consider the case of the legal heirs for appointment as if the workman died in harness do not find any illegality or irregularity in the order. Accordingly the writ petition is dismissed.'2. No reason has been assigned in support of the aforementioned decision. It is now a well settled principle of law that assignment of reasons is a part of principles of natural justice. ...
K. Ramakrishna Reddy and ors. Vs. V.K. Padmavathi and anr.
Court: Andhra Pradesh
Decided on: Apr-16-2001
Reported in: 2001(2)ALD(Cri)263; 2001CriLJ3424
ORDERR. Ramanujam, J.1. A common question.-Whether a criminal proceeding in which a particular offence was taken cognizance by a Judicial Magistrate of I Class, who has power under the Code of Criminal Procedure to take cognizance of that offence, can be quashed on the ground that he lacks territorial jurisdiction to try the same?arises for consideration in these two Criminal Petitions filed under Section 482, Cr.P.C. Hence, they are being disposed of by this common order.2. Criminal Petition No. 669 of 2001 Is filed by all the accused in Calendar Case No. 1089 of 2000 pending on the file of the Judicial Magistrate of I Class, Jammalamadugu, Cuddapah District. They are facing trial for an offence punishable under Sections 494, 109 r/w 34 IPC. The wife of the 1st petitioner herein is the defacto complainant in the said case, who is figuring as 1st respondent in the present petition.3. The main ground on which the proceedings are sought to be quashed is that the Court of the Judicial Mag...
Tata Cellular Limited, Nampally, Hyderabad Vs. Commercial Tax Officer, ...
Court: Andhra Pradesh
Decided on: Apr-13-2001
Reported in: 2001(3)ALD401; 2001(3)ALT120; [2006]146STC485(AP)
ORDERS. R. Nayak, J 1. The petitioner is a Public Limited Company incorporated under the Companies Act, 1956 and is engaged in the business of providing cellular services in the State of Andhra Pradesh and also sells Cellular handsets. The petitioner is a registered dealer under the provisions of the Andhra Pradesh General Sales Tax Act, 1957 (hereinafter referred to as 'the Act') and is on the rolls of the 1st respondent herein.2. In this writ petition, the petitioner has sought for a writ in the nature of mandamus declaring that the notice issued by the 1st respondent to the HDFC Bank, Hyderabad, the 3rd respondent herein under Section 17 of the Act as illegal and void and to pass appropriate consequential orders.3. The background facts for filing this writ petition be noted briefly as under:The Assistant Commissioner (CT) (Int-I), Enforcement Wing, office of the Commissioner of Commercial Taxes, Hyderabad 2nd respondent herein inspected the businesspremises of the petitioner in the ...
Dr. B. Srinivas Vs. Dr. P. Krishna Malakonda Reddy and Others
Court: Andhra Pradesh
Decided on: Apr-13-2001
Reported in: 2001(3)ALD490; 2001(3)ALT521
ORDERB. Subhashan Reddy, J 1. This writ appeal is preferred against the judgment dated 6-11-2000 of the learned single Judge rendered in WP No.8046 of 2000.2. Respondent No.3 in the said writ petition is the appellant herein, whose admission to super-speciality course in Cardiology (Doctor of Medicine) for the year 2000-2001 was annulled by the impugned judgment. The question for consideration before the learned single Judge was regarding the qualification for admission into the above course and as to whether the Diploma of National Board ofExaminations (DNB) conducted by the National Board of Examinations, New Delhi is equivalent to MD/MS. Treating DNB as equivalent, admission into DM course for 2000-2001 was granted by NTR University of Health Sciences - 2nd respondent in this Appeal. The same was questioned by the writ petitioner (1st respondent before us) on the ground that for the purpose of admission into the said course and according to the rules framed governing the admission, ...
Tagore Home Junior College, Secunderabad Vs. P.P.A. Christian and Othe ...
Court: Andhra Pradesh
Decided on: Apr-13-2001
Reported in: 2001(3)ALD742; 2001(4)ALT191
ORDERS.B. Sinha, CJ1. 'He who takes the procedural sword shall perish with the sword' said Frankfurter, J., in Viteralli v. Seaton, (1959) 359 US 535.2. The State of Andhra Pradesh with a view to protect the teaching and non-teaching staff has enacted the Andhra Pradesh Education Act, 1982, (hereinafter referred to as 'the Act' for the sake of brevity). Chapter XIV of the Act Inter alia provides for disciplinary action against employees of private institutions. Subsection (1) of Section 79 of the Act inter alia states that no employee shall be dismissed, removed or reduced in rank, except after an enquiry in which he has been informed of the charges against him, given a reasonable opportunity of being heard in respect thereof, and further such an order of punishment shall not be passed without the prior approval of such authority or Officer as may be prescribed for different classes of private institutions. Section 80 provides for an appeal before the competent authority. Sub-section (...
G. Mallikharjuna Rao Vs. District and Sessions Judge, Nellore and Anot ...
Court: Andhra Pradesh
Decided on: Apr-13-2001
Reported in: 2001(4)ALD18
ORDERS.R. Nayak, J1. The petitioner is the son of one Venktata Subbaiah who was in the Ministerial services of the judiciary. Late Venkata Subbaiah died on 15-5-1984 in harness. It appears that at the time of death of the father, the petitioner was minor and admittedly, attained majority on 12-6-1992. The petitioner sought appointment on compassionate ground by making an application on 24-8-1992. The petitioner's claim was rejected by the respondents. The validity of the same is assailed in this writ petition.2. Secondly, the petitioner has also sought for a declaration that the action of the respondents in denying reservation to the petitioner who is also a physically handicapped person in the vacancies notified vide notification dated 4-10-1996 in terms of Rule 22(ii) of the A.P State and Subordinate Service Rules as discriminatory and violative of Article 14 of the Constitution of India and for a consequential direction to the respondents to consider and appoint him in any suitable ...
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