Andhra Pradesh Court March 2002 Judgments
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Hanumantha Rao V. Vs. Punjab National Bank and anr.
Court: Andhra Pradesh
Decided on: Mar-22-2002
Reported in: 2002(4)ALT487; (2002)IIILLJ1016AP
ORDERP.S. Narayana, J.1. The writ petition is filed for a writ ofmandamus declaring the notice issued by 1strespondent to the effect that the petitioner hadtaken voluntary retirement from the Bank aspublished in Eenadu Paper dated July 30, 1992as illegal and for a direction to permit him tojoin as Clerk in the respondents- PunjabNational Bank, hereinafter referred to as'Bank' in short, with all consequential benefitsand other suitable orders.2. It is stated by the writ petitioner that he had joined the services of the Bank in the year 1975 as Attender and was promoted as Clerk in the year 1981 and worked as Clerk at various places from 1981 to 1992 and had been discharging his duties to the best of his ability and to the satisfaction of his superiors. It is further stated that while he was working as Clerk at Nizamabad he fell sick and applied for leave for 15 days i.e., from October 3, 1991 and as he could not recover immediately as he was suffering from jaundice he had extended the l...
V. Muthukamara Ramalingam Vs. State of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Mar-22-2002
Reported in: 2002(1)ALD(Cri)896; 2002(2)ALT(Cri)110; [2003]114CompCas372(AP); [2004]55SCL543(AP)
C.Y. Somayajulu, J. 1. This is a petition to quash the proceedings in C. C. No. 360 of 2001 on the file of the Court of the First Additional Judicial First Class Magistrate, Proddatur, Cuddapah District, initiated against the petitioner and others for an offence under Section 138 of the Negotiable Instruments Act, 1881 ('the Act'), by the second respondent on the ground that the cheque issued to it by Velan Textile Ltd. ('the company'), of which the petitioner and others are directors, were dishonoured and that even after issuing of notice ofdemand after dishonour, the amount covered by the dishonoured cheques was not paid. 2. The main contention of learned counsel for the petitioner is that as the complaint does not disclose the specific duties of the petitioner in the company and his role in the issuing of the cheques, that were dishonoured, and as there is a broad and bold averment that he as one of the directors of the company is in charge of the day-to-day affairs of the company t...
R.C. Anantha Ramulu Vs. K. Nageswara Rao and ors.
Court: Andhra Pradesh
Decided on: Mar-22-2002
Reported in: 2002(3)ALT798
ORDERS.R. Nayak, J. 1. The appellant is the third party to the writ petition and he has filed this writ appeal with the leave of the court assailing the correctness of the order of the learned Single Judge dated 8-9-1998 made in Writ Petition No. 11447 of 1996, The 1st respondent- herein is the petitioner in Writ Petition No. 11447 of 1996. He sought a direction to the resondents to treat his seniority in Nizamabad circle having regard to his 32 years of continued service therein and to extend all consequential benefits including promotion to the post of Foreman Grade I. The relief was opposed by the department contending that the original Nizamabad circle was subsequently divided into Nizamabad and Adilabad circles and the petitioner was transferred to Adilabad circle. At that stage the petitioner submitted an application on 8-2-1996 requesting the department to retain him at Nizamabad circle undertaking that he would take the last rank in the Nizamabad circle. The learned Judge, on c...
Liquidator, Warangal Dist. Co-op. Society Ltd. Vs. Appellate Authority ...
Court: Andhra Pradesh
Decided on: Mar-22-2002
Reported in: 2003(1)ALT50
ORDERJ. Chalameswar, J.1. Respondents 3 to 15 herein filed an application under Section 10(1) of the Payment of Gratuity Act before the second respondent herein claiming certain amounts towards gratuity payable to the said applicants on account of closure of an establishment known as Warangal District Co-operative Marketing Society Limited. The said establishment was admittedly closed on 1-10-1987. The second respondent on consideration of the material before him allowed the claim of the respondents 3 to 15 herein by two separate orders dt. 17-8-1990 and 1-10-1990 respectively in different applications filed by the respondents 3 to 15 herein. The further details of which may not be necessary.2. Aggrieved by the decision of the second respondent, the petitioner herein preferred appeals to the first respondent herein under Section 7(7) of the Payment of Gratuity Act, 1972. Though it is not clear from the record as to the date of the presentation of the abovementioned appeals by the petit...
Gollapalli Bala Vs. A.P. Transco and anr.
Court: Andhra Pradesh
Decided on: Mar-22-2002
Reported in: 2002(5)ALT15
ORDERP.S. Narayana, J.1. Heard Sri C.V. Nagarjuna Reddy, the learned counsel representing Padma, counsel for the writ petitioner and Sri Ravindranath, the learned counsel representing the respondents.2. The Writ Petition is filed questioning the proceedings vide Letter. No. SE.O.SK.L. Adm. A.1.D.No. 509/2001 dated 10-4-2001.3. The impugned order dated 10-4-2001 reads as follows:'In continuation of this office letter No. under reference 3rd cited, you are informed as follows:In obedience of the Hon'ble Court orders issued in W.A.No. 61/2001 on 28-2-2001 your case has been reconsidered for appointment to the post of L.D. Clerk in the 50% vacancies existing as on 18-5-97 in terms of B.P.Ms.No. 36, dated 18-5-1997. After verification of all the records produced by you at the time of personal hearing on 6-4-2001 you are informed that:(i) you are not a Contract Labour and yourself you are a contractor (as per the service certificate produced by you).In view of the above your case cannot be c...
Warangal District Co-operative Society Ltd. Vs. Appellate Authority Un ...
Court: Andhra Pradesh
Decided on: Mar-22-2002
Reported in: (2002)IIILLJ616AP
J. Chalmaeswar, J.1. Respondents Nos. 3 to 15 herein filed an application under Section 10(1) of the Payment of Gratuity Act before the second respondent herein claiming certain amounts towards gratuity payable by the said applicants on account of closure of an establishment known as Warangal District Co- operative Marketing Society Limited. The said establishment was admittedly closed on October 1, 1987. The second respondent on consideration of the material before him allowed the claim of respondents Nos. 2 to 15 herein by two separate orders dated August 17, 1990, and October 1, 1990, respectively in different applications filed by respondents No. 2 to 15 herein. The further details of which may not be necessary.2. Aggrieved by the decision of the second respondent, the petitioner herein preferred appeals to the first respondent herein under Section 7(7) of the Payment of Gratuity Act, 1972. Though it is not clear from the record as to the date of the presentation of the above menti...
Gangavalli Rama Krishniah (Died) by L.R. Vs. District Judge-cum-estate ...
Court: Andhra Pradesh
Decided on: Mar-22-2002
Reported in: 2002(3)ALT457
ORDERS.R. Nayak, J. 1. The short question that arises for decision in this C.R.P. filed under Article 227 of the Constitution, is whether the Judgment and decree dated 20-9-1999 made in A.S. No. 4 of 1989 by the learned Senior Civil Judge, Nuzvid, operates as res judicata within the meaning of Section 64-A of the A.P. (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948 (for short, the Act). The question arises in the following factual background.2. The petitioner in this C.R.P. made an application to the Settlement Officer, Eluru Under Section 56(1)(c) of the Act. The plea of the petitioner is that he purchased 0-73 cents of land out of Ac. 3-63 cents of land comprised in S.No. 532/2 from one Gadi Subba Reddy through a registered sale deed dated 18-1-1944 and since then he has been in possession and enjoyment of the same. The petitioner denied the right or title of the respondents to the said land. The settlement Officer, finding that in re-settlement Register, the...
Executive Engineer, Spl. Division Vs. Rasa Constructions
Court: Andhra Pradesh
Decided on: Mar-22-2002
Reported in: 2002(3)ALT576
ORDERS.R. Nayak, J.1. The main question that arose before the learned single Judge and that arises before us is whether the appellant authorities are entitled to adjust a sum of money calculated at Rs. 11,87,573.00 p.m. for the period from 1-4-1996 to 22-9-1996 (both days inclusive)out of the earnest money deposit made by the writ petitioner-respondent herein. This question arises in the following factual background:The petitioner was the successful bidder for the leasehold right for collecting the toll gate on the high level bridge over Maneru river on Hyderabad-Karimnagar road at 15/6 km. and the period of contract was from 1-7-1995 to 31-3-1996 @ Rs. 7,83,222/-per month. However, the toll station was handed over on 1-8-1995. The petitioner filed a suit - O.S. No. 14 of 1996 and by virtue of a status quo order obtained therein he was permitted to continue to collect toll-gate from 1-4-1996 to 24-6-1996 and the Government had also extended the lease period beyond 31-3-1996 on an enhan...
S. Rangaswamy and ors. Vs. A.P. Transco and anr.
Court: Andhra Pradesh
Decided on: Mar-22-2002
Reported in: 2002(4)ALT108
S.R.K. Prasad, J.1. This appeal is directed against the judgment and decree passed by the Addl. Subordinate Judge, Kurnool, in O.S.No. 14/1980 on 24-9-1992.2. The facts that arise for consideration can be briefly stated as follows:Defendants 2 to 5 are the appellants herein and they are the sons of 1st defendant. 1st Respondent is the plaintiff in the suit. The plaintiff has filed a suit for recovery of a sum of Rs. 1,04,386-04 ps. against the defendants alleging that there was a due for an amount of Rs. 1,04,386-04 ps. from the defendants towards arrears from 1/77 to 12/79 which includes additional charges (surcharges) for the delay in payment after adjustment of consumption deposit etc. It is further alleged that the first defendant as Manager of Hindu Joint family executed an agreement for and on behalf of Sri Sivaramakrishna Oil Mills on 20-2-1976 for a contract of 80 KV for the supply of electrical energy and the supply was released on 26-5-1976. It is further alleged that the ser...
Shanthilal Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Mar-21-2002
Reported in: 2002(2)ALT(Cri)80
ORDERT. Ch. Surya Rao, J. 1. This Revision Case has been directed against the order dated 12.09.2001 passed by the learned VII Additional District and Sessions Judge, Fast Track Court, Visakhapatnam, in Crl.M.P.No. 92 of 2001 in S.C.No. 20 of 2001.Under the impugned order, the learned Judge directed the petitioner along with two others to be impleaded as supplemental accused No. 3. 2. The factual matrix may be set forth at the out set for the brevity and better understanding of the matter herein below thus:The Inspector of Police, CCS Team I, Visakhapatnam City, registered a case in Crime No. 36/98 under Section 395 of the Indian Penal Code as against five accused and eventually laid the charge sheet. As against the second accused in P.R.C.No. 2 of 1999 alone, it has been committed to the Court of Session, which was taken cognizance of by the Sessions Court as S.C.No. 20 of 2001. Later, it was transferred to the file of the Fast Tract Court-cum-VII Additional District and Sessions Judg...
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