Andhra Pradesh Court April 2001 Judgments
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C.V. Raju Vs. C. Balagopal and Others
Court: Andhra Pradesh
Decided on: Apr-27-2001
Reported in: 2001(4)ALT17
ORDERS.B. Sinha, C.J. 1. An interesting question, as regarding interpretation of an eligibility clause for holding the post of Chief General Manager (hereinafter referred to as 'CGM' for the sake of brevity) in A.P. Industrial Development Corporation, Hyderabad (hereinafter referred to as 'the Corporation' for the sake of brevity), has been raised in these appeals. The said clause reads thus:'Qualifications and experience for all General Managers and Deputy GeneralManagers: Education: Atleast I Class Degree in Engineering or Technology or a I Class Master's Degree in Science, with MBA qualifications. Experience: Atleast 15/12 years experience for GM/ DGM in an Industrial Organisation of repute or in a Financial Consultancy Organisation in Technical and/or Finance and/or Project Appraisal work in responsible positions. Dynamism and result oriented capacity to work' 2. It is not in dispute that the appellants were promoted to the post of Deputy General Manager. They do not have any MBA ...
K. Purushotham Reddy Vs. State of A.P. and Others Overruled
Court: Andhra Pradesh
Decided on: Apr-27-2001
Reported in: 2001(5)ALD250; 2001(3)ALT689
ORDER1. Thepetitioner seeks a writ of mandamus declaring the Andhra Pradesh State Council of Higher Education Act, 1988 and university Grants Commission Instructions, under which the said Act purported to have been passed, as illegal, invalid, void, and ultra vires of the Constitution of India.2. A resume of the events that led to the passing of the impugned Act is expedient to be set forth for an effective adjudication of the matter hereunder thus:3. The Central Government evolved a National Education Policy, 1986. The policy, inter alia, recommended that a State Level Planning for co-ordination of the Higher Education should be done through Councils of Higher Education. The University Grants Commission ('the UGC' for brevity) and these Councils would develop co-ordinative methods to keep a watch on the standards of higher education. Since there was no effective machinery for planning and co-ordination of higher education at the State Level and the coordination of State level programm...
Bheemagari Bhaskar and Others Vs. Revenue Divisional Officer, Bhongir, ...
Court: Andhra Pradesh
Decided on: Apr-27-2001
Reported in: 2001(5)ALD277; 2002(1)ALT159
ORDERS.B. Sinha, C.J.1. The power of the District Collector to ban quarrying of sand and transportation thereof has come up for consideration in these writ petitions. Although all these writ petitions relate to the controversy as to the quarrying of sand from various river beds, streams flowing in various Gram Panchayat areas situated in Nalgonda, Medak, Mahaboobnagar and Warangal Districts, they can, however, be classified as three categories. 2. The first category of writ petitions, viz., WP Nos. 25644 of 2000, 4255, 4398, 4407, 3617, 3277, 3303, 3581 and 3526 of 2001 are filed by the alleged lease-holders, who were said to have been granted permits/ leases by the Gram Panchayats for quarrying the sand, for a declaration that the action of the respondents in interfering with the quarrying and transportation of sand by them as is arbitrary and illegal and for a direction upon the respondents not to interfere with the their right to quarry and transport the sand. 3. The second category...
M. Mohan Babu Vs. Heritage Foods India Ltd. (No. 1)
Court: Andhra Pradesh
Decided on: Apr-27-2001
Reported in: [2002]108CompCas771(AP)
T. Ch. Surya Rao, J. 1. The petitioner seeks winding up of the first respondent-company under Sections 433(f) and 439(1)(c) of the Companies Act, 1956 ('the Act'). 2. The case of the petitioner, in brief, may be set forth thus : Heritage Foods India Ltd., the first respondent-company was registered on 5-6-1992, with its head office at Hyderabad. The authorised capital of the company at the time of its incorporation was Rs. 1 crore, which was divided into 10 lakh equity shares. The paid up capital was Rs. 80,57,000 as on 31-8-1992. The petitioner invested an amount of Rs. 23,70,000 whereas the second respondent invested an amount of Rs. 2,01,500, which, by the next seven months was shot up to Rs. 76,15,000. Similarly the shares of the third and fourth respondents, the wife and son of the second respondent respectively, were also increased in geometrical progression to Rs. 1,12,31,000 and Rs. 3,15,000 respectively whereas the amount invested by the petitioner remained at Rs. 23,70,000 on...
Brooke Bond India Ltd. Vs. Union of India (Uoi) and ors.
Court: Andhra Pradesh
Decided on: Apr-27-2001
Reported in: 2003ACJ647; AIR2001AP526; 2001(5)ALT448
N.V. Ramana, J.1. This appeal is filed by the Applicant in O.A. No. 8 of 1990 before the Railway Claims Tribunal, Secunderabad Bench, aggrieved by the order dated 21-9-1992 passed therein.2. The question involved in this appeal is whether the provisions of the Limitation Act will apply to the Railway Claims Tribunal or not.3. The appellant filed O.A. No. 8/1990 before the Railway Claims Tribunal, Secunderabad Bench (hereinafter referred to as the 'R.C.T.') for compensation for shortage and damage alleged to have been suffered by a consignment of tea carried by the Railways from New Gauhati in N.E.F. Railway to Bhongir in South Central Railway. On 23-3-1986 the appellant booked the consignment of goods (tea packets) at Gauhati Railway Station under Railway Receipt No. A-178310 to be delivered at Bhongir in Andhra Pradesh. At the time of delivery of goods at Bhongir Railway Station, it was found that some of the tea pack-ets were in damaged condition and there was also a shortage of 15 K...
Muthu Nithya Reddy and Mohan Reddy and ors. Vs. Deputy Registrar of Co ...
Court: Andhra Pradesh
Decided on: Apr-27-2001
Reported in: 2001(5)ALT31; [2002]111CompCas724(AP)
1. The question which arises for consideration in these appeals is as to whether the provisions of Order 1, Rule 10 of the Code of Civil Procedure, 1908 (for short 'the Code'), have any application in the proceedings under the A. P. Co-operative Societies Act, 1964 (for short 'the Act').2. The second respondent-bank is a co-operative society registered under Section 7 of the Act. In terms of the bye-laws of the said society the members can borrow amounts from it. The recovery proceedings were initiated against the appellants in these appeals before the first respondent.3. In the said application the cause of action was said to have arisen on August 6, 1998, as would appear from its application which is in the following terms :The cause of action arose on August 6, 1997, i.e., on the date respondent No. 1 approached the petitioner's-bank for sanction of cash credit facility for Rs. 98,00,000 and when respondent No. 1 executed promissory note in support of the cash credit facility, and w...
Smt. Vunna Visali Vs. State of A.P., Repted., by Public Prosecutor and ...
Court: Andhra Pradesh
Decided on: Apr-27-2001
Reported in: 2001(1)ALD(Cri)894; 2001(1)ALT(Cri)511
ORDERR. Ramanujam, J.1. Whether a partner, who is not responsible for the day-to-day business of a partnership Firm, can be prosecuted for the offences alleged to have been committed by the Firm?2. This is the main question that arises for consideration in this petition filed under Section 482 Cr.P.C.3. Briefly stated, the facts that gave rise to this question are:4. The petitioner herein is the 2nd accused in Calendar Case No.138 of 1997 pending on the file of the Court of the Additional Judicial I Class Magistrate, Srikakulam, and is facing trial along with another accused (Andhavarapu Bhaskara Rao-A.1) for the offences punishable under Sections 406, 420 and 477A IPC. Those proceedings were initiated at the instance of the 2nd respondent herein, who has filed a private complaint before the said Court stating that he (the complainant), the petitioner herein (A.2) and A.1 were partners of the partnership firm - Siri Marketings - which was constituted for carrying on the business in pur...
A.J.M. Prasada Rao Vs. Chairman, Visakhapatnam Port Trust and ors.
Court: Andhra Pradesh
Decided on: Apr-27-2001
Reported in: 2001(5)ALT381
ORDERA. Gopal Reddy, J.1. The petitioner was appointed as Cost Analyst in the respondent-Port Trust in the year 1974. He was promoted as Accounts Officer in 1980, Deputy Chief Accounts Officer in 1982 and as Deputy Financial Advisor & Chief Accounts Officer in the year 1988. While, the petitioner was working as Deputy Financial Advisor and Chief Accounts Officer,he was served with a memo dt. 25-1-1997 calling for an explanation as to why disciplinary action should not be taken against him stating that he acted in connivance with the contractor in order to unduly award the subject work in his favour taking advantage of the Chairman's Instructions in a twisted manner even by compromising the interests of the Port Trust. The petitioner submitted his explanation on 1-2-1987 denying the allegations levelled against him. Thereafter, charge memo was issued on 27-9-1997 under Regulation 12 of the Visakhapatnam Port Employees (Classification, Control and Appeal) Regulations, 1968 (for short 'th...
Managing Director, Andhra Pradesh Beverages Corp. Ltd. Vs. M. Peter an ...
Court: Andhra Pradesh
Decided on: Apr-27-2001
Reported in: 2001(4)ALT119
S.B. Sinha, C.J.1. This appeal is directed against the judgment and order dated 20-12-2000 passed by a learned Single Judge of this Court whereby and whereunder following the earlier decision of the Apex Court in District Collector v. M.L. Singh and Ors., directed that the services of the petitioners are liable to be regularized in terms of G.O.Ms.No. 212 as most of them had completed more than 5 years of service. The learned Judge, however, refused to give a direction to regularize all the unskilled workers without reference to the work load and, therefore, issued the following directions:As the report of the National Productivity Council is about two years old, the respondent-Corporation is directed to reassess the workload and arrive at the number of unskilled workmen required to attend to the function of the Corporation within two months from the date of receipt of a copy of this order.After ascertaining of required manpower to attend to the functions of the Corporation, the Govern...
Apsrtc, Khammam Region and anr. Vs. P. Nageswara Rao
Court: Andhra Pradesh
Decided on: Apr-27-2001
Reported in: [2002(92)FLR59]; (2001)IILLJ1226AP
S.B. Sinha, C.J.1. All these matters involving common question of law are being disposed of by this common judgment. However, the fact is being noticed from Writ Appeal No. 1189 of 2000.2. This appeal is directed against the judgment and order dated July 18, 2000 passed by a learned single Judge of this Court in Writ Petition No. 5802 of 2000 whereby and whereunder the writ petition filed by the 1st respondent herein was allowed.The question which arises for consideration in this appeal is a short one. The respondent was serving as a Conductor under the appellant-Corporation. He was removed from service in relation whereto he filed an application before the Labour Court. An award was passed by the Labour Court directing his reinstatement without backwages. Although he was reinstated in service his pay was not fixed taking into consideration the notional increments whereafter the writ petition was filed.3. The learned single Judge having (regard to the various decisions of the Court in ...
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