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Andhra Pradesh Court March 2002 Judgments

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Mar 21 2002

Bhaskara Rao, K.V. Vs. Andhra Bank and anr.

Court: Andhra Pradesh

Decided on: Mar-21-2002

Reported in: 2002(4)ALT218; (2002)IIILLJ718AP

ORDERV.V.S. Rao, J.1. The petitioner was, at the relevant time, working as Assistant General Manager, Andhra Bank, Central Office-11, Hyderabad. When he was sought to be retired from service after attaining the age of 58 years, he filed the present writ petition seeking a direction to the respondents to forbear from retiring/ superannuating the employees (officers including the petitioner appointed on or after January 1, 1973, at the age of 58 years and for a consequential direction to continue all such employees up to the age of 60 years.2. Admittedly, the Andhra Bank(Officers) Service Regulations, 1982(hereinafter called the Regulations') were madeby the Board of Directors of the Bank inconsultation with the Reserve Bank of India and with the previous sanction of the CentralGovernment in 1982 which came into force onJanuary 1, 1983. These Regulations were madein exercise of the power conferred underSection 19 read with Sub-section (2) of Banking Companies (Acquisition and Transfer of...


Mar 21 2002

Gangadharanandagiri Swamiji Vs. State of A.P. and ors.

Court: Andhra Pradesh

Decided on: Mar-21-2002

Reported in: 2002(1)ALD(Cri)680; 2002(2)ALT(Cri)136; 2002CriLJ3446

ORDERT. Ch. Surya Rao, J.1. This revision case has been directed against the order dated 8-8-2000 passed by the learned I Additional Judicial Magistrate of First Class, Proddatur, in Crl. M.P. No. 1436 of 2000 in C.C. No. 386 of 1999.2. The petitioner herein has been sought to be added as an accused in the above case for the alleged offences punishable under Sections 341 and 323 of the Indian Penal Code and under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ('the Act' for brevity). Under the impugned under the C.C. has been converted into a Preliminary Registered Case (PRC), and the petitioner has been summoned to appear before the Court as an accused to face trial. The petitioner now seeks to assail the same in this revision case.3. The Sub-Inspector of Police, Proddatur Urban, registered a case against two persons including the revision petitioner under Section 324 of the Indian Penal Code and under Section 3(1)(x) of the Act, ...


Mar 20 2002

Katapaga Yadagiri and ors. Vs. B. Maheshwar Reddy

Court: Andhra Pradesh

Decided on: Mar-20-2002

Reported in: 2002(6)ALT573

L. Narasimha, Reddy, J. 1. These two matters arise out of a common order passed by the Court of District Munsif, Shadnagar, Mahabubnagar, in E.A.Nos.13 and 14 of 1983 in E.P.No.5 of 1983 in O.S.No.22 of 1962. C.R.P.No.2199 of 1991 is filed against E.A.No.13 of 1983 whereas A.S.No.469 of 1993 is directed against the order in E.A.No.14 of 1983. Hence, these matters are disposed of by this common judgment. 2. The petitioners in C.R.P. are the appellants in A.S No.469 of 1993. For the sake of convenience, they are referred to as appellants. The respondent is common in the revision as well as the appeal. 3. The appellants are the legal representatives of one K.Pentaiah. He and his brother-K.Lingaiah filed O.S.No.22 of 1962 on the file of the Court of District Munsif, Shadnagar, for the relief of declaration of title and recovery of possession in respect of Ac.42.18 guntas of land in Sy.No.213 to 218 and 235 of Rangareddyguda Village, Balanagar Mandal, Mahabubnagar District, against three de...


Mar 20 2002

Visakhapatnam Port Trust, Rep. by Its Secretary, Visakhaptnam Vs. Sri ...

Court: Andhra Pradesh

Decided on: Mar-20-2002

Reported in: [2002]112CompCas645(AP)

ORDER1. This is a revision petition filed against the order dated 26th October, 1999, in I.A.No.165 of 1994 in O.S.No.212 of 1992 on the file of II Additional Senior Civil Judge at Visakhapatnam.2. The plaintiff is the revision petitioner. He filed a suit in O.S.No.212 of 1992 to recover about Rs. 2,50,000=00 from the defendant. Defendant entered his appearance before the court. On his behalf, vakalat was filed in the court by an advocate on 24.9.1993. Later in February, 1994, the defendant filed a petition in I.A.No.165 of 1994 under Section 34 of the Arbitration Act, 1940 (for short 'the Act') requesting the court to stay the proceedings in the suit. He pleaded in his petition that there is a clause in agreement of contract for reference all the disputes to sole arbitration in relation to the execution or failure to execute the work, etc. The existence of such a clause in the agreement between the parties is not disputed by the plaintiff. The plaintiff resisted the said application o...


Mar 20 2002

Dilawar Khan and ors. Vs. State of A.P.

Court: Andhra Pradesh

Decided on: Mar-20-2002

Reported in: 2002(1)ALD(Cri)663

ORDERT. Ch. Surya Rao, J.1. Inasmuch as all these petitions arise out of the same case and as common questions of law and fact are involved, all these petitions can be disposed of together.2. The petitioners herein are the accused in Crime No. 475 of 2001 of Alwal Police Station. These petitioners are alleged to have committed the offences punishable under Sections 409 and 420 of the Indian Penal Code, under Section 5 of A.P. Protection of Depositors of Financial Establishments Act, 1999 and under Section 138 of the Negotiable Instruments Act. These petitioners approached the Sessions Court of Ranga Reddy District seeking bail, they having been arrested by the Investigating Officer in connection with the said crime on different dates. Except A. 11 in the crime all other petitioners were arrested on 11.1.2002. A. 11 was arrested on 19.1.2002. The learned Sessions Judge by separate orders granted bails to these petitioners on the condition of the petitioners each executing a bond for Rs....


Mar 20 2002

Sri Lakshminarayana Swamy Matham Vs. State of A.P., Endowments Departm ...

Court: Andhra Pradesh

Decided on: Mar-20-2002

Reported in: 2002(6)ALT806

ORDERP.S. Narayana, J. 1. Heard Mr. Badana Bhaskar Rao, learned counsel for petitioner in both the writ petitions and also learned Government Pleaser for Revenue.2. In both these writ petitions, the relief prayed for is for grant of writ of mandamus declaring the action of the respondents in not paying the Tasdic allowance and Additional Tasdic Allowance to the petitioners as arbitrary and illegal and for appropriate directions. In respect of Writ Petition No. 24831 of 96 the period specified as 1984 in pursuance of G.O.Ms. No. 758 Revenue (J) Department, dated 5-8-1971 and in respect of Writ Petition No. 24830 of 1996, the period is specified as 1983 in pursuance of G.O.Ms. No. 2 Revenue (J) Department dt. 1-1-1980.3. The avernments made in the affidavits filed in both the writ petitions are substantially same, however, writ petition No. 24831 of 1996 is in relation to the Estate of Golluru alias Sariyapalli whereas W.P.24830 of 1996 is in relation to the estate called 'Siritholi Esta...


Mar 20 2002

Manoharan G. Vs. Bank of Maharashtra and ors.

Court: Andhra Pradesh

Decided on: Mar-20-2002

Reported in: 2002(4)ALD122; 2006(3)ALT76; (2002)IIILLJ270AP

ORDERGhulam Mohammed, J.1. The petitioner joined service of the 1st respondent bank as a Clerk in 1976 and was promoted as an officer in 1979 in Junior Management Grade Scale-I. He worked as Branch Manager (officiating) at the GunturBranch during the period 1987-88. The branch was a medium sized branch to be manned by M.M. Grade Scale-II Officer, but he was officiating as Manager in that branch and he was the only officer in that branch during thatperiod and consequently there was lot of work pressure on him. He worked sincerely and to the best of his ability keeping in view the best interests of the bank. He acted as per the practices prevailing in the bank to the satisfaction of the customers of the Bank while protecting the interests of the bank.2. It is stated that it is not uncommon in the banks that sometimes the Manager of the Branch will have to take independent decisions to meet the demands of the customers and to increase the business of the branch even beyond his discretiona...


Mar 20 2002

M.V.N. Nataraju Vs. Commissioner of Collegiate Education and ors.

Court: Andhra Pradesh

Decided on: Mar-20-2002

Reported in: 2002(4)ALT769

ORDERP.S. Narayana, J.1. The Writ Petition is filed for a Writ of Mandamus declaring the action of the 1st respondent contained in proceedings L.Dis. 5545/TCI-3/95, dated 10-4-1996 purporting to reject the proposal of respondents 2 to 4 for absorbing the writ petitioner into the aided post of Clerk with effect from 1-3-1992 and allow all consequential benefits including the arrears of salary and scale of pay to the petitioner and grant such other appropriate reliefs.2. The facts in brief are as follows:The petitioner states that originally he was appointed as Lower Division Clerk in S.D.S. Shroff College of Arts and Applied sciences, Sriramnagar, Garividi into a regular post on 15-9-1979 as he was fully eligible and qualified for the said post of Lower Division Clerk and he had submitted his resignation to the said College and accordingly he was relieved with effect from 7-9-1983. His resignation to the said employment had taken place due to the fact that he was appointed as Clerk-cum-...


Mar 19 2002

G. AzeemuddIn and ors. Vs. Jawaharlal Nehru Technology University, Hyd ...

Court: Andhra Pradesh

Decided on: Mar-19-2002

Reported in: 2002(3)ALD268

ORDERV.V.S. Rao, J.1. The Oil Technological Research Institute (OTRI) was established in 1949 to focus on the new technologies in the extraction of oil from various seeds and their utilisation. The Government of Andhra Pradesh by G.O. Ms. No. 199, Industries, Commerce and Power (IF.CELL) Department, dated 18-4-1985, having regard to the fact that the performance of OTRI is not satisfactory and that the Institute Has not achieved the desired objectives, ordered that OTRI be transferred to Jawaharlal Nehru Technological University (JNTU), the first respondent herein, with effect from 1-4-1985, to be a constituent department of JNTU from that date. The said Government Order inter alia provided that the permanent staff of OTRI shall be absorbed in JNTU after obtaining option and 'those opting for the service of JNTU would be integrated into their service as per University Rules'. The petitioners herein at the relevant time were working in OTRI; the first petitioner as Joint Director, the s...


Mar 19 2002

Shaik Mahaboob Vali Vs. Regional Manager, State Bank of India, Tirupat ...

Court: Andhra Pradesh

Decided on: Mar-19-2002

Reported in: 2002(3)ALD335

ORDERV.V.S. Rao, J. 1. The petitioner is an Ex-serviceman. He served Indian Army from 1969 to 1987. After his discharge, he worked as Armed Guard on daily wage basis from July, 1988 to July, 1989. Pursuant to a Notification issued by the State Bank of India, to fill up vacancies of various posts including bank guards he applied to the respondent-Bank for the post of Armed Guard. He was not selected and he wasnot considered. Therefore, he filed the writ petition seeking a direction to regularise his services pursuant to the Notification.2. A counter-affidavit is filed admitting the averments made by the petitioner in the affidavit. It is, however, stated that as per the Notification for the post of Armed Guard candidates should be non-matric. As the petitioner is Matriculate, his name was not considered.3. The short question therefore is whether the educational qualifications prescribed by the respondent-Bank are arbitrary and capricious?4. The notice inviting applications to fill up va...


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