Andhra Pradesh Court June 2001 Judgments

M. Raji Reddy Vs. Regional Joint Director of Higher Education/Now the ...

Court: Andhra Pradesh

Reported in: 2001(5)ALD359

ORDERS.B. Sinha, C.J. 1. These two cases involving common questions of fact and law were taken up for hearing together and are being disposed of by this common judgment. 2. The applicants before the Tribunals are the writ petitioners before us. They filed OA Nos. 5233 of 1998 and 5234 of 1998 praying for similar reliefs, which are in the following terms: 'In the circumstances stated above, it is prayed that this Hon'ble Tribunal may be pleased to declare the impugned proceedings in Rc.No. 831/A2/97 dated 29-4-1997 and reverting the applicant to the post of Physical Education Teacher is totally illegal, without jurisdiction and violative of Articles 14 and 16 of the Constitution of India and consequently direct the respondents to continue the applicant as Physical Director with all consequential benefits and pass such other orders as may be deemed fit'.3. Bereft of all unnecessary details, the fact of the matter is as follows:- The petitioners and the respondents wereappointed as Physic...

Sverdrup Civil Inc. Vs. Government of Andhra Pradesh and ors.

Court: Andhra Pradesh

Reported in: 2002(1)ALD419

ORDER1. M/s. Sverdrup Civil Inc., the petitioner herein, (hereinafter referred to as 'the Company') is a Company incorporated in United States of America. It was entrusted with the work relating to construction, supervision and consultancy services for the Andhra Pradesh State Highway Project, Phase-III, by the Engineer-in-Chief, R and B Administration and External aided Projects, 2nd respondentherein, under a written Agreement No.8/ NC/R and B Administration and EAP/CSC/ 2000-2001, dated 28-6-2000 executed by and between the parties. The agreement, inter alia, contains an Arbitration Clause in Clause 8.2, which provides for settlement of all disputes between the parties by Arbitration. Clause 8.2.1 to 8.2.5 provide for the number of Arbitrators, the method and manner of their appointment and other related matters. Clause 2.9 provides for termination of the contract either by the owner of the work i.e., respondent (referred to as 'the Clients' in the agreement) or by the Company '(refe...

Lloyds Finance Ltd. Vs. Deputy Commercial Tax Officer and ors.

Court: Andhra Pradesh

Reported in: [2006]143STC625(AP)

ORDERS.R. Nayak, J.1. The petitioner-company is a non-banking financial company carrying on business of non-banking transactions such as hire-purchase, lease, bills discounting, etc. The second respondent is a customer of the petitioner-company which entered into hire-purchase agreement with the petitioner-company under which the second respondent agreed to take on hire-purchase a Swaraj Mazda LMV. The vehicle is registered as AP 3 IV 1107. Under the terms of the hire-purchase agreement dated September 23, 1998, the second respondent agreed to pay monthly hire charges at Rs. 10,700 per month for 30 months. According to the petitioner, the second respondent had paid only 10 instalments and failed to make payment of the balance instalments.2. The second respondent is an assessee on the rolls of the Commercial Tax Officer, Dwarakanagar, Visakhapatnam. The Second respondent fell on arrears of sales tax of Rs. 7,37,610 for the assessment years 1991-92 to 1993-94 under the Andhra Pradesh Gen...

Smt. Zaibunnisa and Another Vs. the Proprietor, Rajadhani Hotel and An ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

P. Ramakrishnam Raju, President: 1. This is an application to condone the delay of 118 days in filing the appeal. In the affidavit filed by the first petitioner it is stated that the District Forum passed orders on 30.11.2000 but copy of the order was taken by her on 24.2.2001. As she was suffering with fever and facing financial difficulty she could not contact her Counsel to file an appeal. Hence there is a delay of 118 days in filing the appeal. 2. The petitioner has not filed any medical certificate to show that she was suffering from viral fever. The other ground that she was facing financial difficulties cannot be accepted since there is no necessity to pay any Court-fee for filing the appeal. Under these circumstances both the grounds in our view fail and consequently the application also must fail, and it is accordingly dismissed. 3. Even otherwise there are no merits in the appeal. 4. The complainants in C.D. No. 460/2000 on the file of District Forum, Ranga Reddy are the appe...

Syed Mukarram Ali Vs. General Manager, State Bank of Hyderabad and Ano ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

P. Ramakrishnam Raju, President: 1. The unsuccessful complainant in O.P. No. 885/1996 (C.D. No. 885/1996) on the file of the District Consumer Forum-II, Hyderabad is the appellant. The facts that gave rise to this dispute are : the complainant purchased an auto bearing No. AP 10 2697 Model 1991 for Rs. 22,300/- through an auction conducted by the opposite parties. He deposited an amount of Rs. 3,000/- on 8.12.1994 and the balance on 9.12.1994 and obtained delivery of the vehicle along with the documents referred to in the receipt dated 13.12.1994. However, the transfer certificate as per Form No. 29 was not delivered. The opposite parties even failed to transfer the vehicle in the name of the complainant in spite of repeated requests. However, the complainant received a letter on 6.12.1995 to come and comply with all formalities for transfer of the vehicle. The complainant accordingly furnished the necessary documents, but the opposite parties failed to transfer the vehicle in the name...

Gangadhara Palo Vs. Revenue Divisional Officer, Palakonda and anr.

Court: Andhra Pradesh

Reported in: 2001(6)ALD526; 2002(1)ALT12

Motilal B. Naik, J.1. Petitioner seeks a writ of certiorari calling for the records of the first respondent in Rc. No. 1641/ 88/J, dated 6-11-1988 through which proceedings, the Caste Certificate obtained by the petitioner was cancelled on the groundthat he obtained the same by misrepresenting that he belonged to Scheduled Tribe, and to quash the same as illegal and arbitrary and pass such other order or orders in the circumstances of the case.2. Petitioner claiming to be a member belonging to Holva community which is recognized as Scheduled Tribe community in the State of Andhra Pradesh, participated in the recruitment process undertaken by the State Bank of India for the post of Clerk-cum-Cashier in the year 1986 and secured selection, in a vacancy reserved for Scheduled Tribe candidate with roll No. 12130017 on the basis of his claim to be a member of Holva community. The second respondent accordingly appointed the petitioner, by an order dated 9-5-1985 as Clerk-cum-Cashier and sinc...

B. Brahmani Rao Vs. Prabhala Rajagopal and anr.

Court: Andhra Pradesh

Reported in: 2001(4)ALT262

ORDERSatyabrata Sinha, C.J.1. This contempt application arises out of an order dated 28th September, 1998 passed by a Division Bench of this Court in C.M.A. Nos. 1102 and 1103 of 1994 directing:'Having regard to the above and in particular the choice expressed by the party-in-person, the injunction is modified and restricted to the extent of Flat No. 2 in Block No. B of second floor of the plaint schedule construction. In other words, there will be an injunction restraining the defendants 1 and 2 from, in any way, alienating or giving possession of Flat No. 2 in Block No. B of the second floor of the plaint schedule complex. The defendants are also injuncted not to alienate the undivided interest in the land, on which the multi-storeyed complex is raised, relatable to Flat No. 2 in Block No. B of the second floor of the complex pending disposal of the suit. In all other respects, the injunction is vacated. If the party-in-person is so advised, it is always open to him to file an appli...

Public Prosecutor, High Court of A.P. Vs. Saka Mainnodu Alias Guravaia ...

Court: Andhra Pradesh

Reported in: 2001CriLJ4551

Ramesh Madhav Bapat, J.1. Thesole accused, who is respondent herein, was tried by the Additional Sessions Judge, Nellore in Sessions Case No. 237 of 1994 for an offence punishable under Section 302 of the Indian Penal Code for causing the death of one Gade Bhaskar on 1-3-1993 in a Road Transport Corporation Bus. On evidence the learned Judge acquitted the accused-respondent of that offence, but proceeded to convict the accused-respondent of the offence punishable under Section 304, Part I of the Indian Penal Code and sentenced him to suffer imprisonment for five years. Aggrieved by the order of inadequacy of sentence imposed upon the accused-respondent and also acquitting the accused-respondent of the charge under Section 302 of the Indian Penal Code, the State of Andhra Pradesh preferred the present appeal.2. The prosecution case can be briefly narrated as follows :Accused is a resident of Salabad village in Cuddapah district. The deceased was a resident of Ponagaluru village. P.W. 7 ...

Kvaerner Cementation India Limited, Mumbai Vs. Bharat Heavy Plate and ...

Court: Andhra Pradesh

Reported in: 2001(6)ALD272

ORDER1. This petition is filed seeking transfer of OP.No.1743 of 2000 from the file of the Court of the Principal District Judge, Visakhapatnam, to the file of any other Additional District Judge, in the same district, on the ground that the pendency in the District Court is heavy and since the matter which arises out of an order under the Arbitration and Conciliation Act, 1996 (for short 'the Act'), requires expeditious disposal. The petitioner in fact moved the District Court, Visakhapatnam, in IA.No.819/2001 in OP.No. 1743/2000 with the above prayer, but the same was dismissed by the learned District Judge, on the ground that under the provisions of the Act, he alone, but not an Additional District Judge, has jurisdiction to entertain the main OP.No. 1743 of 2000.2. Learned Counsel for the petitioner relying on S. Srinivas Rao v. High Court of A.P., 1988 (2) ALT 586 and New Jaji Labour Society v. Haji Abdul Rahaman Sahab, 1992 (1) An.WR 220, contended that the assumption of the lear...

G. Dharma Veera Reddy and 3 ors. Vs. the Government of A.P., Rep., the ...

Court: Andhra Pradesh

Reported in: 2001(4)ALT338

S.B. Sinha, C.J. 1. The petitioners herein who are four in number and working as Assistant Engineers in the Panchayat Raj Department by reason of this writ petition seek seniority from the date of their initial appointment and not on the basis of their rankings accorded by the Public Service Commission. The petitioners have originally been appointed on ad hoc basis as supervisors on 27.1.1969 and they joined their duties soon thereafter. Pursuant to a direction issued by this Court their services were regularised on or about 27.11.1974. In the year 1975 they were subjected to selection by the Public Service Commission. On or about 21.11.1977 G.O.Ms.No.254 was issued directing regularization of their services which was followed by G.O.Ms.No.923, dated 31.8.1978 extending the same principle to all concerned. Validity of the said G.O.Ms.No.923 was questioned which was upheld by the Tribunal as also by the Apex Court. Although several other Government orders had been issued but it is not n...