Andhra Pradesh Court February 2002 Judgments
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Ch. Ramu and anr. Vs. Inspector/Rpf Post, South Central Railway
Court: Andhra Pradesh
Decided on: Feb-12-2002
Reported in: 2002CriLJ3222
ORDERC.Y. Somayajulu, J.1. Inspector, Railway Protection Force, Renigunta, filed a charge sheet against the petitioners and another alleging that on 20-11-1996 he had information that 32nd accused [A2] (who is the Inspector of Works, South Central Railway) had on 14-11-1996 issued 50 bags of cement belonging to the Railways to the 2nd petitioner for being used in the construction of Railway Quarters undertaken though the Railways, thoug the 2nd petitioner as per the contract, is required to purchase, cement from open market to meet the requirements, and that he went to the construction site and found the 1st petitioner supervising the contract work, with six bags of cement, half bag cement and 19 empty cement bags belonging to the Railways, and seized the empty cement bags and the cement stock found there, and that on enquiry 1st petitioner informed him that A2 issued 50 bags of cement from the Railway godown and therefore petitioners and A2 are liable for punishment under Section 3(1)...
Dokala Paparao Vs. Dokala Butchi Raju and anr.
Court: Andhra Pradesh
Decided on: Feb-12-2002
Reported in: 2002(3)ALT707
ORDERG. Bikshapathy, J.1. This issue involved in both the civil revision petitions is one and the same, hence both the CRPs can be disposed of together.2. The case depicts an ingenious method of violating the orders of this Court issued from time to time and thus reveals the way in which the process of this Court is being misused by the parties.3. The case has a very long tale but to narrate only the relevant matter is traced out for the purpose of understanding the situation and initiating contempt proceedings under the provisions of the Contempt of Courts Act.4. One Smt. D. Bangaramma filed suit in O.S. 121 of 1996 for permanent injunction. However, after the suit was transferred to the Sub-Court jurisdiction, it was renumbered as O.S. 45 of 1997. But, during the pendency of the suit she died and one Smt. Beela Parvathi was brought on record as legal representative of Smt. Dokala Bangaramma and at that point of time writ petitions were filed and ultimately in W.A. 1394 of 1997 dated ...
R. Tata Rao and anr. Vs. Andhra Pradesh Small Scale Industries Develop ...
Court: Andhra Pradesh
Decided on: Feb-11-2002
Reported in: 2002(2)ALD589; 2002(2)ALT244; [2002(94)FLR463]; (2002)IIILLJ328AP
1. Heard all parties.2. This Writ Appeal is directed against the order of the learned single Judge dismissing the Writ Petition No.18372 of 1993 on ground of laches.3. The appellants are the petitioners in the Writ Petition. The appellants who are the retrenched employees of the Andhra Pradesh Small Scale Industries Development Corporation Ltd., -1st respondent herein filed the above writ petition for a writ a mandamus declaring the action of the respondents in not treating them as employees of the Corporation as being violative of Articles 14 and 16 of the Constitution of India and consequently to direct the respondents to treat them as if they were in service and to pay them all benefits till they attain the age of superannuation including the pensionary benefits.4. According to the appellants, they joined the service of the Government Glass Factory, Gudur as workmen in the years 1960 and 1963 respectively. Pursuant to G.O.Ms.No.1128, Industries and Commerce Department dated 19.7.196...
Hindustan Machine Tools Limited Vs. T. Bal Reddy and anr.
Court: Andhra Pradesh
Decided on: Feb-11-2002
Reported in: 2002(2)ALT522; [2003(96)FLR16]
1. All these Writ Appeals arising out of a common order passed by the learned single Judge in W.P.Nos.20741, 20923 and 20916 of 2001 respectively were heard together and are being disposed of by this common Judgment.2. The only question that arises for consideration in these appeals filed by M/s Hindustan Machine Tools Ltd., Hyderabad (hereinafter referred to as the appellant) is, whether the Labour Court has jurisdiction to reopen the matter enabling the parties to adduce further evidence and mark documents etc once hearing was concluded and the matter was reserved for judgment.3. The controversy arose in the following factual matrix: The 1st respondent herein is a retired employee of the appellant-organisation having retired from service under Voluntary Retirement Scheme introduced by the appellant-management in the year 1998. He filed M.P.No.75 of 1999 on the file of the Labour Court-I, Hyderabad for recovery of the arrears due towards terminal benefits. The learned Labour Court hea...
G.V. Reddy Vs. Ots Advertising Private Ltd. and State of Andhra Prades ...
Court: Andhra Pradesh
Decided on: Feb-11-2002
Reported in: 2002(1)ALT(Cri)468; 2002CriLJ3515
ORDER1. This is a petition by the accused questioning the order of the learned Magistrate, who in spite of allowing Criminal M.P.No.4839 of 1999 in C.C.No.410 of 1998, filed by the petitioner for granting permission to examine four witnesses on his behalf, refusing to give warrants or fresh summons to those of the witnesses who failed to attend Court, to give evidence on his behalf. 2. The accused, who was permitted to examine witnesses on his behalf can only pay process. He may or may not be having control over the witnesses cited by him. Therefore when Court grants permission to the accused to examine witnesses on his behalf, has a right to seek assistance of the Court t enforce the attendance of such of those witnesses who fail to appear after receipt of summons, or on whom the police are not able to serve the summons. One witness who was served attended the Court and was examined on behalf of the accused. The police either were unable to or did not serve summons on the other witnes...
Prabhakar Joshi Vs. Kendriya Vidyalaya Sangathan, New Delhi and ors.
Court: Andhra Pradesh
Decided on: Feb-11-2002
Reported in: 2002(2)ALD320; 2002(2)ALT515
1. Heard Sri K.Ramakrishna Reddy, learned Senior Advocate appearing on behalf of the appellant in W.A. No.1100 of 1997 and Sri B.Narasimha, learned counsel appearing for the Kendriya Vidyalaya Sangathan, appellant in W.A. No.1313 of 1997.2. Writ Appeal No.1100 of 1997 was filed by the appellant writ petitioner to the extent of not granting the relief of regularisation from the date of initial appointment and consequential benefits, whereas W.A. No.1313 of 1997 is filed by the Kendriya Vidyalaya Sangathan against the order of the learned single Judge directing regularisation (absorption into service) of the services of the appellant as Music Teacher. The brief facts of the case are as follows:The writ petitioner was appointed in the year 1987 on ad hoc basis as Music Teacher in a clear vacancy by the duly constituted Selection Committee and the same was approved by the appointing authority i.e. Assistant Commissioner, Kendriya Vidyalaya Sanghathan, Secunderabad. The petitioner's name wa...
V.V. Sitaram Charyulu Vs. Viyajasarathi and ors.
Court: Andhra Pradesh
Decided on: Feb-11-2002
Reported in: 2002(2)ALD336; 2002(2)ALT338
1. The dispute in this appeal is relating to the appointment to the post of Principal in Sri Bhavanarayana Swamy Sanskrit College, Ponnur, Guntur district (hereinafter referred to as 'SBSS College'). The fourth respondent in the writ petition (V.V.Sitarama Charyulu) is the appellant herein. The first respondent herein - Vijaya Sarathi is the writ petitioner.2. The first respondent filed the writ petition to declare the action of the State Government in passing the orders in G.O.Rt.No.639, Education (CE.I) Department dated 23.5.1998 filling up the post of Principal by giving promotion to V.V.Seetharama Charyulu, appellant / fourth respondent and consequently to set aside the said order to enable the first respondent -writ petitioner to be continued in service as Principal, SBSS College. The brief facts are as follows:The first respondent was initially recruited as Lecturer in Sanskrit in Sri Bhimeshwara College of Sanskrit and Oriental Languages, Vidyanagar, Vakadu, Nelloredistrict on 9...
Sri Bhargavi Granites Industries Pvt. Ltd. Vs. Govt. of India and ors.
Court: Andhra Pradesh
Decided on: Feb-11-2002
Reported in: 2002(2)ALD418; 2002(2)ALT433
Ar. Lakshmanan, C.J.1. Assimilar questions of fact and law are arising in these two writ appeals, they are considered and disposed of together by this common order with the consent of parties.2. Writ Appeal No. 2047 of 2001 is directed against the order passed in W.P. No. 23017 of 2000 dated 28.8.2001 passed by a learned single Judge of this Court - G. Raghuram, J. The relief sought for in the writ petition is for issuance of a writ of certiorari calling for the proceedings No. 35205/R3(2)/92 dated 11.7.2000 and to quash them as being illegal, arbitrary and violative of Articles 14 and 19 of the Constitution and consequently to direct the respondents to implement the proceedings in Memo No. 21163/M.II (1) 97-13 dated 30.10.1999. The said writ petition was contested by the respondents therein. The writ petition was disposed of by thelearned Judge on the ground that the appellant - writ petitioner has not challenged either the orders issued in G.O. Ms. No. 23, dated 22-2-1999 or the pros...
R. Subbulu Naidu and ors. Vs. Govt. of A.P. and anr.
Court: Andhra Pradesh
Decided on: Feb-11-2002
Reported in: 2002(2)ALD546; 2002(2)ALT160; (2002)IIILLJ340AP
Dr. Ar. Lakshmanan, C.J.1. The writ appeal and the writ petition involving common questions of fact and law were heard together and are being disposed of by this common judgment.2. Writ Appeal No. 1328 of 1997 was filed by Tirumala-Tirupathi Devasthanams (for short TTD) against the judgment dated 11-3-1997 in WP No.10149 of 1993. Respondents 1 to 4 herein, who claim to be working as NMR Coolies in TTD Cooperative Stores Ltd., Tirupathi, filed the said writ petition seeking a writ of mandamus directing the appellants to implement the orders issued by the Government in G.O. Ms. No. 1025, Revenue (Endt.III) Department, dated 21-12-1990 and the consequential proceedings by the TTD in Roc.No;B3-5541/90, dated 10-4-1991 under which the Government of Andhra Pradesh and the TTD have decided to absorb the employees of TTD Co-operative Stores into TTD Service.3. Writ Petition No.24709 of 1996 was filed by fifteen NMR workers working in TTD Stores also seeking for a direction to the State Governm...
V. Shankaraiah Vs. State of A.P. Through Public Prosecutor High Court, ...
Court: Andhra Pradesh
Decided on: Feb-11-2002
Reported in: 2002(1)ALD(Cri)812; 2002(1)ALT(Cri)470; 2002CriLJ3201; I(2003)DMC189
ORDERC.Y. Somayajulu, J.1. A.3 in P.R.C.No.72 of 2001 on the file of the Court of Judicial First Class Magistrate (East & North), Ranga Reddy District, filed this petition to quash PRC registered against him and two others for an offence under Section 306 I.P.C.2. The case of the prosecution is that Kalyani (the deceased) felt humiliated and committed suicide because her marriage with A1 was cancelled after its settlement, so A-1 and his father A2 and paternal uncle (A-3, the petitioner) are liable for punishment under Section 306 IPC., for the suicide of the deceased. 3. The contention of the learned counsel for the petitioner is that since there is nothing on record to show that petitioner is responsible for the death of Kalyani (the deceased) or that petitioner had a role to play in the settlement of marriage between A.1 and Kalyani, the question of petitioner abetting the suicide of Kalyani does not arise.4. 'Abetment' in Section 306 IPC has to be understood with reference to its d...
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