Andhra Pradesh Court September 2001 Judgments
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Dr. K. Malini Vs. Secretary, H and F, University and anr.
Court: Andhra Pradesh
Decided on: Sep-21-2001
Reported in: 2002(5)ALT560
ORDERG. Rohini, J.1. The writ petitioner is a 'MBBS' degree holder. She appeared for Post Graduate Medical Entrance Test for the Academic Year 2000-2001 conducted by the 2nd respondent-University and secured the rank of 1636. She claims that on the basis of the said rank, she is entitled for admission to Post Graduate diploma in Gynecology and Obstetrics in any Medical College in the local area of Andhra University and aggrieved by the action of the respondents in not; allotting a seat to her in the selection held on 30-11-2000, she filed the present writ petition.2. The case of the petitioner is that she had obtained 'MBBS' degree from Rangaraya Medical College at Kakinada, which is affiliated to N.T.R. University of Health Sciences, Andhra Pradesh, Vijayawada, the 2nd respondent herein. The petitioner states that the 2nd respondent-University issued notification dt. 13-10-2000 calling for applications from eligible candidates to appear for the entrance test for admission to Post Grad...
imtiyaz HussaIn Vs. T. Durgamala and ors.
Court: Andhra Pradesh
Decided on: Sep-20-2001
Reported in: 2001(6)ALD375; 2001(5)ALT653
S.B. Sinha, CJ 1. The question that arises for consideration in this appeal is under what circumstances Letters Patent would lie - either against an order refusing to review the original order of the original order of the learned single Judge.2. The writ appeal arises out of the orders dated 26-4-2001 and 3-4-2001 passed by a learned single Judge of this Court in Revenue WP No.11343 of 2001 and WP No.191 of 1998 whereby and whereunder the learned Judge allowed the writ application holding that the procedure adopted by the management of the 1st respondent-edticational institution in selecting the candidates for the post of Physical Education Teachers is irregular and illegal and contrary to the employment notification dated 25-11-1997.3. The fact of the matter is not in dispute. An employment notification was issued whereby applications were invited from the candidates registered in the employment exchange in the State of Andhra Padesh for selection and appointment in the posts inter al...
G. Suramma Vs. Union of India and ors.
Court: Andhra Pradesh
Decided on: Sep-20-2001
Reported in: 2001(6)ALD417; 2001(5)ALT639; [2002(92)FLR454]; (2002)1UPLBEC765
S.B. Sinha, C.J. 1. Heard the learned Counsel for the petitioner and Mr. Gouri Shanker Sanghi, standing Counsel for the Railways.2. The question that was referred to by the Division Bench relates to the correctness and applicability of the judgmentof a Division Bench of this Court in E. Marthamma v. Divisional Railway Manager, : 2000(1)ALT183 (DB), to the instant case, which was relied upon by the learned Counsel for the petitioner. In the said case the writ petition was allowed following the judgment of the Supreme Court in Prabhavati v. Union of India, : (1996)ILLJ890SC .3. In the instant case, the learned Tribunal refused to admit the original application filed by the petitioner herein for grant of family pension relying on the judgment of the Apex Court in Union of India and Ors. v. Rabia Bikaner Etc, 1997 (4) SLR 717.4. The controversy that arises in the present case relates to the status of the petitioner herein. Unless the status of the petitioner is determined, we are of the op...
Singareni Collieries Workers Union and anr. Vs. Singareni Collieries C ...
Court: Andhra Pradesh
Decided on: Sep-20-2001
Reported in: 2002(3)ALT38
Satya Brata Sinha, C.J.1. Whether a Tradesman has a right to have the assistance of a Helper or an Attender as a condition of service is the question, which arises of consideration in this appeal.2. The writ petitioners are the appellants. They filed a Writ Petition praying for the following relief:To call for the records from the respondent and issue an appropriate writ, order or direction, particularly one in the nature of Writ of Mandamus declaring that the Circular No. P.S./ 5934/IR/1515 dated 4-7-2001 issued by the respondent as illegal, unjust, contrary to law, in violation of the principles of natural justice and in violation of Section 9-A of the Industrial Disputes Act and grant all consequential benefits.3. Appellant No. 1 is a recognised workers union of the respondent-organisation. Appellant No. 2 is working as Electrician in the Company. According to the appellants, every fitter and electrician working in Hand Section Mines were given helpers in the discharge of their duti...
Syed Ghori Khaleel Basha Vs. Podamekala Kondaiah
Court: Andhra Pradesh
Decided on: Sep-20-2001
Reported in: 2001(6)ALT373
ORDERS.B. Sinha, C.J.1. This Civil Revision Petition is directed against an order dated 31-3-1998 passed by the Principal District Munsif, Kavali in E.P. No. 15 of 1994.2. The decreeholder is the petitioner. He filed the aforementioned Execution Petition for executing the decree passed in his favour in O.S.No. 256 of 1986. The decree-holder filed an application under Order XXI Rules 37 and 38 read with Section 55 of the Code of Civil Procedure (hereinafter referred to as 'the Code' for the sake of brevity) praying for arrest of the respondent/ judgment-debtor for realisation of the decretal amount, inter alia, on the ground that the judgment-debtor has an annual income Rs. 50,000/- and also cash of Rs. 50,000/-. A counter was filed by the respondent/judgment-debtor denying and disputing the aforementioned allegations and he stated that he is merely in possession of Ac. 1-66 cents of dry land in Konda Bitragunta, which he had been cultivating personally for the purpose eking out his liv...
Dist. Collector and ors. Vs. Harikishan Agarwal and ors.
Court: Andhra Pradesh
Decided on: Sep-20-2001
Reported in: 2001(6)ALT397
S.B. Sinha, C.J.1. The question, which arises for consideration, in this writ appeal is as to whether a Pattedar Passbook and Record of Rights Passbook can be issued during the pendency of a proceeding under the Urban Land (Ceiling and Regulation) Act, 1976 (for short '1976 Act').FACTS:2. The facts of the matter, in brief, are that the respondent No. 1 herein had purchased Ac. 7-00 and Ac. 11-00 of lands in Survey Nos. 54 and 56 respectively situated at Hafizpet village from respondents 5 to 7 and one Veeraiah under two registered sale deeds dated 6-4-1966 and 22-5-1967. Respondent No. 7 filed a suit in O.S.No. 579 of 1989 in the Court of I Additional Subordinate Judge, Rangareddy for partition and injunction. Respondent No. 1 herein impleaded himself as defendant No. 5 in the said suit and the said suit was dismissed. Thereafter, respondent No. 1 filed a suit in O.S.No. 1 of 1990 in the Court of District Munsif, West and South, Rangareddy for injunction against respondents 5 to 7 and ...
State of Andhra Pradesh Vs. Universal Engineering Corporation, Hyd. an ...
Court: Andhra Pradesh
Decided on: Sep-19-2001
Reported in: 2001(6)ALD839
1. These two matters arise out of a common judgment as against the orders made in OP No. 313/88 on the file of I Senior Civil Judge, City Civil Court, Hyderabad and OS No. 835/88 on the file of the same Court. OP No. 313/88 was filed by the appellant under Sections 30 and 33 of the Arbitration Act, 1940 to set aside the award dated 21-4-1988 whereas suit OS No. 835/88 was instituted to make the said award the rule of the Court. The petitioner-appellant in CMA No. 2230/2001 is the first defendant in OS No. 835/88 and for the purpose of convenience the parties will be referred to as 'plaintiff and '1st defendant' as arrayed in OS No. 835/88 and the Arbitration Act, 1940 will be referred to in short as 'Act' hereinafter. The averments made in the written statement by the 1st defendant in OS No. 835/88 virtually are the averments made by the 1st defendant as petitioner in OP No. 313/88. The pleadings of the respective parties are as follows :The plaintiff had pleaded that the plaintiff is ...
Arif Noorul Hassan and ors. Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Sep-19-2001
Reported in: 2002(5)ALD639; 2002(5)ALT363
Ramesh Madhav Bapat, J. 1. This writ petition is filed by the petitioners with a prayer to issue a writ of mandamus or certiorari declaring the impugned judgment of the Land Grabbing Court in L.G.C. No. 46 of 1989 dated 30-10-1995 as illegal, arbitrary and inoperative, and consequently to allow L.G.C. No.46 of 1989 as prayed for.2. Before the commencement of the arguments of Mr. Mahmood Ali, learned Counsel for the petitioners, Mr. Ramakrishna Reddy, learned Counsel appearing on behalf of Respondent No. 6 - Society, raised a preliminary objection stating that the writ petition is not maintainable in view of the right's finally decided in C.CC.A. No. 14 of 1972 by a Division Bench of this Court, which arose out of O.S. No. 29 of 1965 decided by the learned II Additional Chief Judge, City Civil Court, Hyderabad.3. On raising such an objection, Mr. Mahmood Ali, learned Counsel for the petitioners, submitted at the Bar that the writ petition is maintainable if it is shown that the impugned...
A.P. Hosing Board Vs. Yelda Ramulu (Died) by Lr and ors.
Court: Andhra Pradesh
Decided on: Sep-19-2001
Reported in: 2002(5)ALD663; 2002(5)ALT356
Ramesh Madhav Bapat, J. 1. A.S.No.1848 of 1993 was filed by the beneficiary i.e., A.P. Housing Board, represented by its Executive Engineer. The said appeal was dismissed by the Bench presided over by the Hon'ble Mr. Justice N.Y. Hanumanthappa (as he then was) whereas the cross-objections filed by the claimants was allowed granting compensation at the rate of Rs. 67,000/- per acre plus 30% solatium and interest at the rate of 9% p.a. for one year from the date of taking possession of the land and at 15% p.a. thereafter and 12% additional market value per annum.2. It appears from the record that the land admeasuring about 149.18 guntas in different survey numbers i.e., Sy. Nos. 607/2, 611, 617 to 620, 734, 767, 769 and 781 of Mamillaguda village. Hamlet of Nalgonda village and Mandal, Nalgonda District was acquired by the Government. The entire land was classified by the Land Acquisition Officer in two categories. The first category was called as class A and the 2nd category was called ...
Oriental Insurance Co. Limited Vs. G. Seshamma and ors.
Court: Andhra Pradesh
Decided on: Sep-19-2001
Reported in: I(2003)ACC160; 2003ACJ1895; 2002(5)ALD615; 2002(5)ALT306
Ramesh Madhav Bapat, J.1. This appeal is filed by the Oriental Insurance Company Limited aggrieved by the award passed by the Motor Accidents Claims Tribunal-cum-District Judge, Kurnool in OPNo. 946 of 1999 awarding compensation of Rs. 18,01,608/- with interest at the rate of 9% p.a. from the date of petition till the date of payment.2. The main contention raised by the learned Standing Counsel Mr. Kota Subba Rao appearing on behalf of the appellant that the compensation paid to the claimants in the aforesaid OP is exorbitant. Moreover, the multiplier used by the Tribunal is totally wrong. The multiplier used by the Tribunal is 13 as against 10.45. As per the manner in which the accident was concerned, it is not disputed by the learned Standing Counsel for the appellant. Even the age of the deceased as 45 is not disputed by the learned Standing Counsel for the appellant. While opposing the arguments of the learned Standing Counsel for the appellant, the learned Counsel for the responde...
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