Andhra Pradesh Court April 2001 Judgments
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Union of India Vs. Vengamamba Engineering Co., Juputi, Krishna Dist. a ...
Court: Andhra Pradesh
Decided on: Apr-27-2001
Reported in: 2001(3)ALD776; 2001(4)ALT45
ORDERS.B. Sinha, CJ 1. To what xtent a writ petition would be maintainable against an order passed by the Chief Justice or the nominee of the Chief Justice appointing an arbitrator in terms of sub-section (6) of Section 11 of the Arbitration and Conciliation Act, 1996 is the question involved in all these writ applications.2. Before adverting to the question, we may briefly state few facts leading to the filing of these petitions.South Central Railway, Secunderabad is the petitioner in all these writ petitions. It entered into various agreements with the contractors for execution of certain works.In WP No.931 of 2000, the respondent had entered into five agreements separately with the petitioner on 11-3-1996, 12-3-1996, 29-6-1994, 29-6-1994 and 8-8-1994 for different works at different places coming under the Vijayawada division and the works were executed separately. The 1st respondent made claim on 26-4-1997. One Sri K. Venkateswara Rao, Dy. Chief Engineer (Construction)/Works, Secun...
G. Santhamma Vs. Cantonment Board, Secunderabad
Court: Andhra Pradesh
Decided on: Apr-27-2001
Reported in: 2001(4)ALD57; 2001(4)ALT12
ORDERS.R. Nayak, J. 1. The case of the petitioner, to put in her own words, is the following:'2. I humbly submit that 45 years back the room bearing No.3-3-320/B which is on the eastern side of house bearing No.3-3-320/A, Picket, Secunderabad was situated in a slum area and recently the said area has developed. When it was slums I have put a small hut and started residing in the said room bearing No.3-3-320/B which is constructed in a land admeasuring to an extent of 25 Sq.yards situated at Picket, Secunderabad alongwith my family since 45 years. Subsequently as it has become impossible to reside in the said hut due to its dilapidated condition I was compelled to construct a pucca room, covering with asbestos sheets in the said 25 Sq.yards. In fact 1 was tenant of the house bearing No.3-3-320/A, Picket, Secunderabad for a period of 45 years and recently I was evicted from the said premises and as such today my family is not having a roof under the sky except the room for which I am see...
Dr. P.M. Bhargava and Others Vs. University Grants Commission, New Del ...
Court: Andhra Pradesh
Decided on: Apr-27-2001
Reported in: 2001(3)ALD804; 2001(3)ALT615
ORDERS.B. Sinha, CJ.1. Whether the University Grants Commission constituted under the University Grants Commission Act, 1956 (for short 'the Act') can grant recognition to degree and post-graduate courses (B.Sc and M.Sc) in Vedic Astrology called Jyothirvignan in various Universities is the question involved in this writ application.The first petitioner is a renowned scientist. The petitioners herein question the decision of the University Grants Commission in according permission to the Universities for starting courses in Jyothirvignan. The stated objectives for issuing the guidelines by the University Grants Commission in this connection are:Vedic astrology is not only one of the main subjects of our traditional and classical knowledge but this is the discipline which lets us know the events happening in human life and in universe on time scale. The distinguishing feature of this subject is that it makes us familiar with time, its nature and feature and its effects on human life and...
Vangapalli Sudhakar Rao Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Apr-27-2001
Reported in: 2001(4)ALD90; 2001(4)ALT436
ORDER1. The petitioner filed a declaration under Section 8 of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, (hereinafter called 'the Act'). By order dated 3-6-1977 the Land Reforms Tribunal (hereinafter called 'the Tribunal') determined that the petitioner has 0.1232 standard holdings in excess of the ceilingarea. The proceedings under Section 10 of the Act for surrendering the excess land were initiated. The petitioner surrendered 0.1232 standard holdings on 21-6-1990 and the same was accepted by the Tribunal under Section 10(3) of the Act on 31-7-1990. The petitioner preferred an appeal under Section 20 of the Act before the Land Reforms Appellate Tribunal (hereinafter called 'the Appellate Tribunal') in LRA No. 1807 of 1977 and the same was dismissed. The petitioner filed CRP No.3953 of 1978. This Court by order dated 18-1-1979 allowed the CRP and remanded the matter to the appellate Tribunal. Again the appellate Tribunal by order dated 20-9-1979 confirmed the ...
Pydi Hariya and Another Vs. Revenue Divisional Officer, Kandukuru Divi ...
Court: Andhra Pradesh
Decided on: Apr-27-2001
Reported in: 2001(4)ALD73; 2001(4)ALT110
ORDERS.B. Sinha, C. J. 1. The writ petitioners are the appellants in this writ appeal. They filed the writ petition questioning inter alia the proceedings dated 3-6-2000 on the file of the Revenue Divisional Officer, Kandukuru whereby and whereunder the application filed by the appellants for grant of pattadarpass books under the provisions of A.P. Rights in Land and Pattadar Pass Books Act, 1971 (for short 'the Act') was dismissed.2. One Smt. Nallamotu Subbamma W/o. Nallamotu Subba Naidu was the absolute owner and possessor of land admeasuring Ac.34.86 cents in S.Nos.183/1, 186, 198/3, 199/1, 247, 3261, 297/2 and 298/1 of Chintlapalem village, Jarugumilli Mandal, Prakasham District. The appellants herein who are the sons of the sister of the said Subbamma claimed that she had executed a Will on 24-4-1988 bequeathing all the said lands in their favour and after her death they became the absolute owners of the property. They applied for grant of pattadar pass books and title deeds as pe...
Sri Subramanyeswara Swamy, Temple, Nagayalanka Vs. Chodisetti Narasimh ...
Court: Andhra Pradesh
Decided on: Apr-27-2001
Reported in: 2001(4)ALD195; 2001(4)ALT268
1. These two civil revision petitions are directed against a common order dated 4-8-1995 whereby and whereunder four applications filed by the petitioner herein had been dismissed. By reason of the impugned, orders, an application filed by the petitioner for condonation of delay in filing the application for restoration and consequently the petition for restoration were dismissed.2. The property in suit is a trust property. Two suits had been filed - one by the plaintiff being OS No.124 of 1987 against three defendants for declaration of his title and permanent injunction wherein the petitioner - Sri Subrahmanyeswara Swamy Temple is the first defendant. The said tempt filed OS No.288 of 1989 against the aforementioned sole plaintiff in OS No.124 of 1987 for declaration of title and recovery of possession.3. Both the aforementioned suits were tried together and during the course of trial on 7-7-1995 the learned Counsel appearing on behalf of the petitioner herein represented that he had...
Secretary, A.P. Social Welfare Residential Educational Institutions So ...
Court: Andhra Pradesh
Decided on: Apr-27-2001
Reported in: 2001(4)ALD368; 2001(3)ALT366
ORDERS.B. Sinha, C.J. 1. These appeals and the writ petitions involve the question as regards vires of the A.P. (Regulation of Appointments to Public Services and Rationalisation of Staff Pattern and Pay Structure) Act 2 of 1994 as amended by Act 3 of 1998 and Act 27 of 1998 inter alia on the ground that the judgment of this Court as affirmed by the Supreme Court of India has been sought to be overruled by taking recourse to legislative action. The Apex Court in State of Haryana v. Piara Singh, : (1993)IILLJ937SC , has asked the respective State Governments to frame a scheme for regularisation of ad hoc, temporary and NMR employees. The State assured before the Supreme Court that a scheme is going to be formulated for regularisation of the daily wage employees. In terms of observations made by the Apex Court, the Government of Andhra Pradesh issued G.O. Ms. No.212, Finance and Planning, (FW.PC III) Department, dated 22-4-1994 whereby and whereunder the services of temporary employees a...
B. Ananda Rama Rao and Others Vs. State of Andhra Pradesh and Others
Court: Andhra Pradesh
Decided on: Apr-27-2001
Reported in: 2001(4)ALD289; 2003(3)ALT456
ORDERV.V.S. Rao, J 1. In all these writ petitions, the point at issue is what is the method and manner that has to be followed in reckoning the seniority of Civil Assistant Surgeons in A.P. Medical and Health Service. For the purpose of convenience, we may dispose of all the writ petitions together by common order. To point out the controversy, the necessary facts in WP No.13923 of 1999 are referred to.2. WP No.13923 of 1999 is filed seeking a writ in the nature of writ of mandamus directing the respondents viz., the State of A.P., Director of MedicalEducation, and Director of Health, to makepromotions to the posts of Professor by taking into account the seniority in the category of Civil Assistant Surgeons without reference to the date of posting as Assistant Professor by declaring the order ofthe A.P. Administrative Tribunal (for brevity 'the Tribunal) in OA No.3599 of 1999 and batch, dated 10-3-1998, and the consequential Government Orders issued in G.O. Ms. No.325, Health, Medical ...
M. Chandrasekhar Rao and Another Vs. Fortis Financial Services Limited ...
Court: Andhra Pradesh
Decided on: Apr-27-2001
Reported in: 2001(4)ALT125; 2001(3)ARBLR22(AP); [2002]108CompCas573(AP)
ORDERS.B. Sinha, C.J. 1. This write petition is directed against the judgment and order dated 20-10-2000 passed by a learned single judge of this Court whereby and whereunder a reference in relation to the disputes and difference between the parties had been referred for arbitration to a former Judge of this Court.2. Before adverting to the question involved in this writ petition, the facts of the case may be noticed.An agreement was entered into by and between the respondents 1 and 2 herein and in terms whereof they had agreed to subscribe and the first respondent agreed to allot certain number of shares for consideration on the terms and conditions laid down therein. The 1st respondent alleged that it forwarded a Demand Draft bearing No.024343 for a sum of Rs.25 lakhs together with a covering letter dated 28-4-1995 to the 2nd respondent herein towards the value of the 50,000 equity shares, but, contrary to the terms and conditions of the subscription agreement, it did not take any st...
State of A.P. and Another Vs. Mini Taxi Owners and Drivers Association ...
Court: Andhra Pradesh
Decided on: Apr-27-2001
Reported in: 2001(4)ALD245; 2001(3)ALT718
ORDERS.B. Sinha, CJ 1. These writ appeals are directed against the judgment of the learned single Judge in WP Nos.511, 539 and 676 of 2001 respectively whereby and whereunder the notification issued by the Commissioner of Police, Hyderabad dated 15-1-2001 prohibiting the movement of Mini Door Cabs (seven sealer auto rickshaws) within the twin cities of Hyderabad and Secunderabad is set aside.2. The notification dated 15-1-2001 issued by the Commissioner of Police in purported exercise of the powers conferred upon him under Section 21 (1Kb) of the Hyderabad City Police Act, 1348 Fasli (hereinafter referred to as the 'said Act') which is called in question before the learned single Judge reads thus:In exercise of the powers conferred upon me under Section 21 (1Kb) of Hyderabad City Police Act, I.P., Ramulu, IPS, Commissioner of Police, Hyderabad and Secunderabad do hereby notify for the information of the public in general and the 7 seater auto operators in particular, that the following...
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