Andhra Pradesh Court December 2002 Judgments
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K.V. Ramana Vs. Government of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Dec-24-2002
Reported in: 2003(1)ALD589; 2003(2)ALT68
S.R. Nayak, J 1. This writ petition is filed by the delinquent against the order of Andhra Pradesh Administrative Tribunal dated 17-12-2002 declining to interfere with the Government Order vide G.O. Rt. No. 2013, Revenue (Ser.I) Department, dated 23-11-2002 by which the delinquent has been kept under suspension in contemplation of departmental enquiry. The suspension order vide G.O. Rt. No. 2013, Revenue (Ser.I) Department, dated 23-11-2002 reads as follows:'1. Whereas it has come to the notice of the Government of Andhra Pradesh, alleging that Sri. K.V. Ramana, Special Grade Deputy Collector and formerly Managing Director, Andhra Pradesh State Seeds Development Corporation, Hyderabad has committed certain irregularities while working as Managing Director, Andhra Pradesh State Seeds Development Corporation, Hyderabad;2. And whereas, disciplinary proceedings against Sri. K.V. Ramana, Special Grade Deputy Collector and formerly Managing Director, Andhra Pradesh State Seeds Development Co...
Liaqath Ali Vs. Union of India (Uoi) and ors.
Court: Andhra Pradesh
Decided on: Dec-24-2002
Reported in: 2003(1)ALD722; 2003(2)ALT140; [2003(97)FLR93]
S.R. Nayak, J. 1. -The petitioner is the son of the deceased employee. The petitioner's father, late Mohd. Ali, died in harness on 28.8.1994. It is stated that at the time of death of the petitioner's father, the petitioner was a minor being 15 years of age. After attaining majority on 14.9.2001, the petitioner laid a claim before the respondents/authorities to provide him appointment, on compassionate grounds, under the Scheme framed by the respondents. As reflected in the counter affidavit and the impugned order, the claim of the petitioner was considered and rejected, taking into account the fact that the family of the deceased employee received the entire terminal benefits; the family of the deceased employee holds movable and immovable property and the members of the family are not indigent; the family pension was also sanctioned and the dependents left behind by the deceased employee have necessary financial support to sustain themselves. 2. When the petitioner was not given appo...
Puppala Seetaramaiah Vs. Superintendent, Sub-jail and ors.
Court: Andhra Pradesh
Decided on: Dec-24-2002
Reported in: 2003(2)ALD584; 2003(4)ALT549; 2003CriLJ2978
ORDERA. Gopal Reddy, J.1. The short question that arises for consideration in the present writ petition is whether the State is liable for damages for the voluntary act of a prisoner who committed suicide while he was in judicial custody.2. The undisputed facts, in nutshell are as under: The petitioner's son by namely Puppala Anji Babu who was an accused for the offence punishable under Section 304B IPC in Cr.No. 149/96 of Bapatla Town Police Station was remanded to judicial custody on 25-11-1996 and was admitted in Sub-Jail, Bapatla on the same day. The deceased-prisoner's uncle Puppala Prasad Rao and his wife Subbayamma and his cousin brother Puppala Srinivasa Rao, who were co-accused were also lodged in the said jail in connection with the same crime. The deceased prisoner committed suicide by hanging himself in one of the bathrooms of Sub-Jail on 4-1-1997 when the prisoners were taken out of the cells for evening meal. The I Additional District and Sessions Judge, Guntur who conduc...
Government of Andhra Pradesh, Home Department and anr. Vs. V. Amar Sri ...
Court: Andhra Pradesh
Decided on: Dec-24-2002
Reported in: 2003(2)ALT153
S.R. Nayak, J.1. The Government of Andhra Pradesh and the Chairman, State Level Police Recruitment Board have preferred this Writ Petition being aggrieved by the order dated 13-9-2002 in C.A.No. 603 of 2002 in O.A.No. 2492 of 2001 on the file of Andhra Pradesh Administrative Tribunal (for short Tribunal).2. The above Contempt Application was filed by the respondent herein complaining that the direction issued by the learned Tribunal dated 7-6-2002 in O.A.No. 2492 of 2001 was not complied with. During the pendency of the Contempt Application, as per the direction of the learned Tribunal dated 7-6-2002, the petitioner's claim was considered for appointment to the post of Sub-Inspector of Police against the quota available to non-locals and the same was rejected by proceedings of Respondent-2 dated 5-7-2002. However, the learned Tribunal having noticed that one Sri K. Venkat Rao who belongs to BC (B) category who had secured only 152.67 marks as against 158.17 marks obtained by the applic...
R. Srinivas Rao Vs. Subhadra Devi
Court: Andhra Pradesh
Decided on: Dec-23-2002
Reported in: 2003(2)ALD123
ORDERP.S. Narayana, J.1. Heard Sri A.P. Venugopal, Counsel representing the 1st petitioner/ husband and Sri K. Raghavacharyulu, Counsel representing the 2nd petitioner/ wife.2. The parents of the wife are present in Court and the father of the husband also is present in Court. Both the 1st petitioner and the 2nd petitioner also are present in Court and all these parties are identified by their respective Counsel.3. The facts in brief are that the marriage between the petitioners was solemnised on 27-7-2001 at Visakhapatnam as per the Hindu rites and customs. It is farther stated that ever since the date of marriage, both the parties have been living separately due to differences and there is no chance of the parties coming together andlive a happy conjugal life. In view of the same, on the advise of the elders of the community and the well-wishers, the parties have decided to separate and lead their own personal lives on the terms which are specified as hereunder:A. That the 1st petiti...
A. Lakshminarayana Vs. Government of Andhra Pradesh, Municipal Adminis ...
Court: Andhra Pradesh
Decided on: Dec-23-2002
Reported in: 2003(3)ALT691
ORDERS.R. Nayak, J.1. What arises for decision is whether the Municipal employees could be appointed to the posts of Deputy Executive Engineers in the Department of A.P. Public Health by way of direct recruitment or not.2. On this legal issue, there is no direct pronouncement of this Court or the Supreme Court though there is a decision of this Court handed down in W.P.No. 23668 of 2002 dated 10-12-2001 that no Municipal employee can be appointed to the posts of Deputy Executive Engineers in the Department of A.P. Public Health by way of promotion. This question has to be dealt with and answered by the learned Tribunal while disposing of the Original Applications. What is assailed in the present writ petition is the order made by the learned Tribunal vacating the earlier interim order of status quo dated 16-4-2002 and granting liberty to the respondents to effect promotions to the posts of Deputy Executive Engineers based on the rules and other instructions of the Government in the mat...
Besai Venkata Ramana Murthy Vs. State
Court: Andhra Pradesh
Decided on: Dec-23-2002
Reported in: 2003(2)ALD(Cri)33; 2003(2)ALT(Cri)367; 2003CriLJ4708
ORDERT. Ch. Surya Rao, J.1. The revision petitioner stands convicted under Section 498-A of the Indian Penal Code ('the IPC' for brevity) and sentenced to undergo rigorous imprisonment for one year and further sentenced to pay a fine or Rs. 500/- and in default to suffer simple imprisonment for two months by the learned II Metropolitan Magistrate, Visakhapatnam, by her judgment dated 10-11-1998 in C.C. No. 411 of 1997 and the same has been affirmed by the learned Sessions Judge, Mahila Court, Visakhapatnam, in Criminal Appeal No. 169 of 1998 dated 11-5-2000.2. The revision petitioner is the 1st accused, the case against the petitioner was that this his marriage with PW-1 was performed on 25-5-1989 at Tirupati and that at the time of marriage on demand from the petitioner, PW-3 the father of PW-1 paid an amount of Rs. 40,000/- towards dowry and gave six tulas gold jewellery to PW-1. The petitioner and PW-1 lived together happily for two years and that in the year 1991, the petitioner de...
A. Prameela Reddy Vs. Karnataka Mangamma
Court: Andhra Pradesh
Decided on: Dec-23-2002
Reported in: 2003(4)ALD112
T. Ch. Surya Rao, J. 1. These appeals can be disposed of together since they emanate from a common judgment and as the parties are also the same.2. The unsuccessful defendant in O.S. No. 648 of 1985 and O.S. No. 187 of 1990 and the plaintiff in O.S. No. 108 of 1988 is the appellant in these appeals. She is assailing the common judgment dated 6.8.1993 passed by the learned Additional Chief Judge-cum-Additional Special Judge for SPE & ACB Cases, City Civil Court, Hyderabad, in O.S. No. 648 of 1985, O.S. No. 108 of 1988 and O.S. No. 187 of 1990 and the decrees passed therein.3. It is expedient here to refer the parties as they are originally arrayed to avoid any confusion. The factual matrix may be set forth at the outset thus: One Karnataka Mangamma filed the suits O.S.No. 648 of 1985 and O.S.No. 187 of 1990 against one A.Prameela Reddy-the defendant. The defendant in turn filed the suit O.S.No. 108 of 1988 against the plaintiff in the other two suits. While the suits O.S.No. 648 of 1985...
Ch. S. Prasada Rao and ors. Vs. State of Andhra Pradesh, Revenue (Endo ...
Court: Andhra Pradesh
Decided on: Dec-23-2002
Reported in: 2003(2)ALT133
ORDERS.R. Nayak, J.1. The applicants in O.A.No. 5496 of 2002 pending on the file of the A.P. Administrative Tribunal, Hyderabad (for short, the Tribunal), have preferred this writ petition questioning the legality and validity of the interim order dated 13-6-2002 made by the Tribunal in the aforementioned Original Application. The Original Application was filed praying for the following main and interim reliefs:'Hence, it is prayed that this Hon'ble Tribunal in the interests of justice be pleased to call for the records relating to and connected with G.O. Ms.No. 245, Revenue (Endowments-I) Department dated 8-5-2002 of the 1st respondent and quash or set aside so far as it relates to providing channel by method of transfer by deputation of Revenue personnel in the posts included in Category 3 and 4 of Rule 3 of the Special Rules of the A.P. Charitable and Hindu Religious Institutions and Endowments Service Rules, 2002 by holding them as arbitrary, illegal, improper, irrational and unsus...
Kalipatnapu Atchutamma Vs. Kommana Sambamurthy (Died) Per Lrs. and ors ...
Court: Andhra Pradesh
Decided on: Dec-23-2002
Reported in: 2003(2)ALD805; 2003(3)ALT82
T. Ch. Surya Rao, J.1. The unsuccessful second defendant has preferred this appeal against the judgment and decree dated 2.7.1991 passed by the learned Subordinate Judge, Anakapalle in O.S. No.259 of 1984. The first respondent herein is the plaintiff and respondents 2 and 3 are the defendants 1 and 3 respectively in the suit. It is expedient to refer the parties as they are originally arrayed in the suit to avoid confusion.2. The plaintiff filed the suit for specific performance of the agreement of sale dated 19.2.1984 by directing the defendants 1 and 2 to execute the sale deed in favour of the plaintiff after taking the balance of sale consideration of Rs.90,000/-and for delivery of possession of the suit schedule property and in the alternative for refund of an amount of Rs.10,000/-paid as advance by the plaintiff with interest.3. The case of the plaintiff was that the 1st defendant being the owner of the terraced house and the appurtenant site (Suit house), offered it for sale repr...
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