Andhra Pradesh Court August 2001 Judgments
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P. Eswaraiah Vs. State of A.P. and Others
Court: Andhra Pradesh
Decided on: Aug-18-2001
Reported in: 2001(5)ALD644; 2001(5)ALT300
S.B. Sinha, C.J. 1. How far and towhat extent, the principles of natural justice should be complied with by supplying a copy of the enquiry report, is the question involved in this application.2. The applicant was placed under suspension by the second respondent herein by his proceedings dated 26-7-1991 for the financial irregularities, alleged to have been committed by him while working as Extension Officer (Panchayats) at Proddatur, Cuddapah District. The enquiry Officer found him guilty of the 28 charges as against 44 charges framed against the applicant. The applicant attained the age of superannuation during the course of enquiry, he was permitted to retire from service under Rule 9 of A.P. Revised Pension Rules pending disposal of the disciplinary proceedings.3. Ultimately after the enquiry, the Government by proceedings dated 23-11-1995 directed the concerned authorities to recover an amount of Rs. 5,54,567-47 from the applicant. Since the applicant-petitioner failed to remit th...
Devarakonda Madhusudhana Rao and Others Vs. B. Madhusudana Rao and Oth ...
Court: Andhra Pradesh
Decided on: Aug-18-2001
Reported in: 2001(5)ALD554; 2002(1)ALT173
ORDERS.B. Sinha, C.J. 1. The Andhra Pradesh State Electricity Board is an authority in terms in Article 12 of the Constitution of India. It is expected of a State to see that industrial peace is maintained and inter se dispute amongst the employees is as far as possible avoided. The instant case depicts a sorry state of affairs as to how the Board had been taking different stands at different stages in the matters of administration. 2. The appellants were originally the employees in the Sileru Hydro Electric Project. A large scale retrenchment of personnel had been effected in the said Project. The Board has issued instructions to all the Superintending Engineers including S.E., Vijayawada Thermal Power Station not to make any recruitments directly under them as the other personnel from the other units like Lower Sileru Hydro Electric Project have to be accommodated. The said Power Station was treated as a unit by amendment to service regulations in B.P. Ms. No. 1128 dated 24-10-1989 a...
C.V. Ratnam Vs. Union of India and ors.
Court: Andhra Pradesh
Decided on: Aug-18-2001
Reported in: 2001(6)ALD35; 2001(5)ALT610; [2002]108CompCas469(AP)
S.B. Sinha, C.J. 1. In these applications various provisions of the Consumer Protection Act have been questioned. In Writ Petition Nos.10935, 10939 and 11109of 2001, the petitioners had questioned the validity of Sections 2 (d), (e), (f), (g), Sections 9, 10, 11, 14, 16, 21, 22, 23, 24(b) and 25 of the Consumer Protection Act, 1986 (for short 'the said Act') whereas in the other writ petitions the vires of Section 27 of the said Act is in question. 2. The main thrust of the submission of the learned Counsel appearing on behalf of the petitioners led by Sri S. Ramchandra Rao principally are: (i) Having regard to the composition of the different Commissions, which are manned by, lay persons and as the decisions of the majority of the members who may be laymen would prevail over the decisions of ajudicial member/Chairman, the provisions of the said Act must be held to be violative of Article 21 of the Constitution of India. (ii) As an appeal is provided to the Supreme Court from an order...
Elkapalli Latchaiah and Another Vs. Govt. of A.P. and Others
Court: Andhra Pradesh
Decided on: Aug-18-2001
Reported in: 2001(5)ALD679; 2001(5)ALT410
S.B. Sinha, C.J. 1. The vires of subsection (3) of Section 19 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act No.13 of 1994), hereinafter referred to as 'the Act' for the sake of brevity, falls for consideration in this writ petition.2. The fact of the matter lies in a very narrow compass. The petitioners have filed their nominations for contesting to the post of Sarpanch and their nominations have not bee accepted on the ground that a person who is having more than two children is disqualified from contesting the election. The case of the petitioners is that the first petitioner was married in 1988 and he got three children and the second petitioner was married in 1986 and he had four children.3. Mr. S. Ramachandra Rao, the learned Counsel appearing on behalf of the petitioners, submits that having regard to the fact that the persons having more than two children are entitled to contest the election to the Legislative Assemblies and Parliament, the restriction imposed in terms of s...
R. Bhima Nayak Vs. Govt. of A.P., Home (Police Dept) and ors.
Court: Andhra Pradesh
Decided on: Aug-18-2001
Reported in: 2001(5)ALT396
S.B. Sinha, C.J.1. This writ petition is directed against a judgment dated 16-4-1999 passed by the A.P. Administrative Tibunal in Original Application No. 139 of 1993 whereby and whereunder the application filed by the petitioner herein was dismissed. In the said original application the petitioner prayed for the following relief:To direct the 1st, 2nd and 3rd respondents herein to appoint the applicant to the post of Deputy Collector category-II in Revenue Service for which post he is eligible for the recruitment to group-I services for 1983-84, quashing the appointment of the 4th respondent as Deputy Collector ordered in G.O.Ms.No. 883, Revenue (Ser-I) Department, dated 26-9-1990 and to treat the services of the applicant with effect from 20-10-1987 i.e. the date on which applicant joined as Deputy Superintendent of Police, as Deputy Collector duly assigning seniority at the appropriate place in the category of Deputy Collectorswith all attendant benefits and issue service and financ...
B. Nagaiah and ors. Vs. Tirumala Tirupati Devasthanams, Tirupathi
Court: Andhra Pradesh
Decided on: Aug-17-2001
Reported in: 2002(2)ALD777
B.S.A. Swamy, J.1. The question that arises for consideration in the second appeal would be whether the appellants herein who were temporarily accommodated in the rooms of the newly constructed Choultries of Tirumaja Tirupati Devasthanam, Tirumala meant for providing accommodation to pilgrims, for a period of three months with rent free facility, and who subsequently refused to vacate the said rooms after the expiry of the said period, can be termed as encroachers as defined in Explanation (ii) to Section 80 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (hereinafter referred to as 'the Act') and whether the procedure contemplated under section 83 of the Act has to be followed for evicting them from the rooms under their occupation.2. The undisputed facts of this case are that to meet, the heavy rush of pilgrims on the up-hills, the respondent-Devasthanam has drawn a Master Plan for the development of the area and for maintenance of good sanitation, so...
Unique Plastics Limited, Hyderabad Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Aug-17-2001
Reported in: 2001(5)ALD443
ORDERS. Ananda Reddy, J. 1. This tax revision case is by the dealer directed against the order of the Sales Tax Appellate Tribunal dated 30-11-2000 passed in TA No.335 of 1998. The assessment relates forthe assessment year 1996-97 from April to September, 1996 under the provisions of the Andhra Pradesh General Sales Tax Act, 1957 (hereinafter referred to as 'the Act').2. The dealer is a public limited company, engaged in the manufacture and sale of plastic articles. The assessee claimed for the assessment year in question exemption in respect of the turnover representing the alleged sale of ball point pens, which was not accepted by the Assessing Officer. Though on appeal, the Appellate Deputy Commissioner remitted the matter, the assessing authority again confirmed the denial of exemption claimed by the assessee. Thereupon the assessee appealed again to the Appellate Deputy Commissioner and to the Tribunal unsuccessfully. Therefore, the present revision.3. The learned Counsel for the ...
Gajjelli Narayana and ors. Vs. the State of Andhra Pradesh Rep., by th ...
Court: Andhra Pradesh
Decided on: Aug-17-2001
Reported in: 2002(1)ALT430
ORDERS.B. Sinha, J. 1. This revision petition is directed against the judgment and decree dt.2-4-1997 passed by the District Munsif, Tiruvuru, Krishna District in O.S.No.112 of 1994 whereby and whereunder the Court below rejected the plaint holding that the same is not maintainable. The said order must be held to be passed under Section 2(2) of the Code of Civil Procedure (for short 'C.P.C.'). An appeal thus would be maintainable there against in terms of Section 96(1) of C.P.C. , which reads thus: ' Appeal from original decree - (1) Save where otherwise expressly provided in the body of the Code or by any other law for the time being in force, an appeal shall lie from every decree passed by any Court exercising original jurisdiction to the Court authorised to hear appeals from the decisions of such Court.' 2. In terms of Section 115 of C.P.C., as amended by the Code of Civil Procedure Amendment Act, an embargo has been placed upon the exercise of this Court's jurisdiction there under,...
Golla Krishna Murthy Vs. Golla Yellaiah (Died) by Lrs. and Others
Court: Andhra Pradesh
Decided on: Aug-16-2001
Reported in: 2001(5)ALD484; 2001(5)ALT645
ORDERBilal Nazki, J.1. This second appeal has come up before us by virtue of an order of reference made by the learned single Judge. The plaintiff had filed a suit for declaration of title and recovery of possession. The suit had been decreed. The defendant filed AS No.48 of 1995. In the appeal judgment was pronounced by the Court upholding the judgment of the trial Court. The judgment was delivered by the appellate Court on 7-10-1995. In the second appeal filed thereafter by the defendant a ground was taken that the first appeal had been heard on 12-9-1995 although the respondent i.e., the plaintiff had died on 3-9-1995 therefore the judgment in the appeal was a nullity in view of Order 22, Rule 6 of the Code of Civil Procedure. The learned single Judge referred to a judgment of this Court reported in V. Appalanaidu v. P. Demudamma, : AIR1982AP281 . After quoting a paragraph from the said judgment the learned single Judge expressed his doubts about the correctness of the law laid in t...
Syndicate Bank, Hyderabad Vs. A. Vijayarama Rao and ors.
Court: Andhra Pradesh
Decided on: Aug-16-2001
Reported in: 2002(1)ALD405
1. This civil revision petition is filed by the unsuccessful plaintiff in Small Cause Suit No.989 of 1993 on the file of the Court of the Additional Judge, City Small Causes Court at Hyderabad dated 23-9-1994.2. The facts in brief are that the suit is filed for recovery of a sum of Rs.2087/-with interest thereon. The case of the revision petitioner-plaintiff is that the first respondent-first defendant took a loan of Rs. 9150/- to purchase a house plot by submitting a loan application dated 10-7-1987 and the first respondent-first defendant had furnished respondents 2 and 3 i.e., the defendants 2 and 3 as guarantors and all of them had executed the articles of agreement and as per the direction of the first respondent loan amount was paid to Srinivas Enterprises and the amount is repayable with interest at 17.5% per annum with quarterly rests and the first defendant agreed to pay the loan amount at the rate of Rs. 305/- per month commencing from 31-8-1987. The payments made by the firs...
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