Andhra Pradesh Court March 2002 Judgments
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M.V. Prasad Vs. Sri Durga Engineers, Rep. by Its Sole Proprietor, Sri ...
Court: Andhra Pradesh
Decided on: Mar-26-2002
Reported in: 2002(3)ALD56; 2002(3)ALT435
ORDERDubagunta Subrahmanyam, J. 1. This revision petition is filed against the order dated 20.10.2001 in I.A.No. 915 of 2001 in O.S.No.837 of 2001 on the file of V Senior Civil Judge, City Civil Court, Hyderabad. 2. Necessary facts for the disposal of this revision petition are as follows: The respondent-plaintiff filed a summary suit under Order XXXVII C.P.C., against the revision petitioner for recovery of Rs.5,40,000=00.According to the plaintiff on 15.12.2000 the defendant borrowed Rs.5,00,000=00 as a hand loan from the plaintiff. The revision petitioner filed a petition under Order XXXVII Rule 3(5) C.P.C., in I.A.No.915 of 2001 seeking the leave of the court to defend the suit. He denied having borrowed Rs.5,00,000=00 or any other sum as a hand loan from the plaintiff. The petition was resisted by the plaintiff. The trial court passed the impugned order on 20.10.2001 dismissing the petition filed by the revision petitioner. Aggrieved by that order, this revision petition is filed....
Ch. Jagan Mohan Rao Vs. Government of Andhra Pradesh Rep. by Secretary ...
Court: Andhra Pradesh
Decided on: Mar-26-2002
Reported in: 2002(3)ALT318
ORDERI. Venkatanarayana 1. Sri Ch.Jagan Mohan Rao, Munsif-Magistrate, Bhainsa of Adilabad District is the petitioner. He has invoked the jurisdiction of this court under Article 226 of the Constitution of India questioning G.O. Ms. No.429 Home (Courts-C) Department, dated 7-10-1993, issued by the 1st respondent-Government of Andhra Pradesh, dismissing the petitioner from service with immediate effect, as illegal, null and void.2. The factual matrix leading to the filing of this Writ Petition may briefly be stated thus:- The petitioner worked as Munsif-Magistrate (presently re-designated as Junior Civil Judge) at Bhainsa in Adilabad District from July 1991 till hisdismissal from service. While the petitioner was working as Munsif-Magistrate at Bhainsa, a departmental enquiry was initiated against him on a complaint given by the advocates of the Bar Association, Bhainsa. On receipt of the said complaint, the District and Sessions Judge, Adilabad has conducted a suo motu enquiry against t...
Metal Equipment Vs. P. Venkateswar Rao and ors.
Court: Andhra Pradesh
Decided on: Mar-26-2002
Reported in: 2002(4)ALT783
ORDERP.S. Narayana, J.1. W.P.No. 14900/96 is filed by the writ petitioner-Management questioning the award made by 2nd respondent in I.D. No. 417/93, dated 19-12-1995 as bad in law and unenforceable and for such other appropriate reliefs.2. W.P.No. 12193/98 is filed by the 1st respondent in W.P.No. 14900/96, the workman, praying for issuance of an appropriate writ, order or direction more in the nature of writ of certiorari calling for the records in I.D.No. 417/93, dated 19-12-1995 on the file of Labour Court-III, Hyderabad and quash the award in I.D.No. 417/93 as illegal and arbitrary and opposed to principles of natural justice to the extent of not granting backwages and pass such other suitable orders.3. Thus, against the same award, the Management filed the first Writ Petition questioning the very reinstatement itself and the workman filed the second Writ Petition so far as it relates to negativing of backwage is concerned.4. The factual matrix in both the Writ Petitions being the...
Cyril Emanueal Vs. Chairman-cum-presiding Officer, Additional Industri ...
Court: Andhra Pradesh
Decided on: Mar-26-2002
Reported in: 2002(4)ALT171
ORDERP.S. Narayana, J.1. Heard both the Counsel.2. The writ petition is filed for a Writ of Certiorari calling for the records relating to the Award made in I.D.No. 314/93, dated 26-5-1994, on the file of the first respondent confirming the order of the second respondent, dated 11-2-1990, and quash the same and consequently direct the second respondent to reinstate the petitioner into service with backwages and pass such other order or orders.3. The facts in brief are as follows:It is stated by the writ petitioner that he was a confirmed employee of the second respondent company and working as Electro Plater having been appointed on 14-4-1987 and he was discharging his duties to the best of his ability and to the satisfaction of his superiors and it is also stated that the second respondent had issued Service Certificate on 15-8-1987 appreciating his meritorious service. It is also further stated that some of the Officers, who bore grudge, levelled false charges against the petitioner ...
Udayanagar Colony Residents Welfare Association and ors. Vs. the Distr ...
Court: Andhra Pradesh
Decided on: Mar-26-2002
Reported in: AIR2003AP210
ORDERV.V.S. Rao, J. 1. Udayanagar Colony Residents Welfare Association and the Secretary of the said Association are the petitioners. They are aggrieved by the action of the Municipal Corporation of Hyderabad in undertaking to construct a community hall in the name 'Nayee Brahman Community Hall'.2. The facts are not in dispute. The then M.L.A. of Malakpet Constituency requested the Mandal Revenue Officer, to inspect the Government land behind Municipal School as its suitability for construction of community hall for the benefit of Nayee Brahman residents of the Constituency. The said M.L.A. also informed the District Collector, the first respondent herein saying his willingness to contribute a sum of Rs. 1,00,000/- for construction of community hall for the benefit of the said community. The Assembly Constituency Developmental Programme Committee met under the Chairmanship of M.L.A. and proposed construction of community hall (Malakpet Nayee Brahman Community Hall). The District Collec...
Smt. P. Sudhavenkata Lakshmi Vs. Sree Chakra Cotton Company, Rep. by I ...
Court: Andhra Pradesh
Decided on: Mar-23-2002
Reported in: 2002(1)ALD(Cri)814; 2002(2)ALT(Cri)77; [2002]112CompCas60(AP); 2002CriLJ3320; [2003]41SCL330(AP)
ORDERC.Y. Somayajulu, J.1. Sri Chakra Cotton Company filed four cases under Sec. 138 of the Negotiable Instruments Act (the Act) against Akshaya Textiles Limited (hereinafter referred to as 'the Company) and its Directors in connection with the bouncing of cheques issued to it, after issuing statutory notices of demand after dishonour. They were taken on file and summonses were issued to the Company and its Directors. These petitions are filed by P. Sudhavenkata Lakshmi, one of the accused in these cases, for quashing the complaints against her, contending that she is not the Director of the Company and is implicated in the case only because she happens to be the wife of the Managing Director of the Company, and as she is of indifferent health.2. The main contention of the learned counsel for the petitioner is that since the petitioner is not a Director in the Company and since she is implicated in the case only because she is the wife of the Managing Director of the Company, prosecuti...
Tirumala Tirupathi Devasthanam Vs. Balaji Barbers Association
Court: Andhra Pradesh
Decided on: Mar-22-2002
Reported in: 2002(3)ALD331
S.R. Nayak, J.1. This writ appeal is filed by the Tirumala Tirupathi Devasthanam (for short 'TTD') represented by its Executive Officer questioning the correctness of the order made by the learned single Judge dated 27-11-1997 in Writ Petition No. 20227 of 1996. The above writ petition was filed by the Balaji Barbers Association. In the writ petition mandamus was sought declaring the proposed action of the TTD administration in granting contract of Kalyana Katta to private contractors as illegal and without jurisdiction and for a consequential direction to the TTD administration to absorb the members of the petitioner-association as barbers in the service of TTD. The facts leading to the filing of the writ petition be summarized as follows:2. The petitioner-association is a society registered under the Societies Registration Act bearing Registration No. 245/78. It has 251 members. The members of the petitioner-association carry on profession of barbers at Tirumala hills. The Government...
Thiruveedhi Subbulu and ors. Vs. Pokuri Radha Krishnaiah Died Per Lrs. ...
Court: Andhra Pradesh
Decided on: Mar-22-2002
Reported in: 2002(3)ALD568; 2003(6)ALT725
ORDERL. Narasimha Reddy, J.1. In this appeal the defendants in OS No. 103 of 1978 on the file of the Court of Subordinate Judge, Kavali challenges the judgment and decree passed therein.2. The suit was filed by one Pokuru Radhakrishnalah, the sole respondent herein against Tiruveedhi Narayana, who died during the pendency of the suit. The appellants herein who are legal representatives were brought on record.3. The suit was filed by the respondent pleading that himself and the 1st appellant were having business firms and during the course of their business the 1st appellant became indebted to the tune of about Rs. 12,400/- by the end of March 1976 and thereafter at the request of the 1st appellant lie advanced an amount of Rs. 10,000/- andto secure his liability of Rs. 22,000/- the 1st appellant executed a mortgage deed dated 6-6-1976 mortgaging the suit schedule property. He further pleaded that since the 1st appellant became indebted to several other creditors on the intervention of ...
S. Narender Reddy Vs. Agricultural Market Committee, Jogipet, Medak Di ...
Court: Andhra Pradesh
Decided on: Mar-22-2002
Reported in: 2002(3)ALD447; 2002(4)ALT151
ORDERGhulam Mohammed, J.1. Earlier, the 1st respondent without any basis and without any proper enquiry, lodged a case in CC No. 255 of 1989 on the file of Munsif Magistrate, Andole under Section 23 of the Market Committees Act, 1966 on the ground that the petitioner did not submit the returns properly and an amount of Rs. 48,900/- was due from him for the years 1985-86 to 1987-88. Against the said case, he filed a Crl. Petition No. 651 of 1990 to quash the proceedings under Section 482 Cr.PC and the same was allowed on 17-10-1990 by this Court and the said judgment has become final. Now, the 1st respondent seems to have addressed a letter to the other respondents stating that an amount of Rs. 1,47,864/- is due by the petitioner towards the arrears of market fee for the period 1985-86 to 1988-89, which is arrived at without any basis and the same is contrary to the figure arrived at earlier. Respondents 2 to 4 initiated proceedings under the provisions of the Revenue Recovery Act and i...
K. Sambasiva Rao Vs. Sri Venkateswara Hindu College of Engg. and ors.
Court: Andhra Pradesh
Decided on: Mar-22-2002
Reported in: 2002(3)ALT630
ORDERS.R. Nayak, J.1. The writ petitioner in writ petition No. 13066 of 1995 being aggrieved by the order of the learned single Judge dated 11.9.1997 has filed this writ appeal.2. It is the case of the writ petitioner that he was initially appointed as lecturer in English on 9.12.1990 on temporary basis and as a stop gap arrangement. When he was serving as lecturer in English on ad hoc basis the college administration issued a notification dated 12.6.1995 calling for applications from the eligible candidates for the post of lecturer in English. At that stage the petitioner filed writ petition No. 13066 of 1995 praying for mandamus declaring the action of the respondent authorities in not regularizing his services as lecturer in English as illegal, and in issuing the notification dated 12.6.1995 without reserving the post of a lecturer in English to Scheduled Caste community as illegal and violative of Article 15 of the Constitution and for a consequential direction to the respondents t...
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