Andhra Pradesh Court March 2002 Judgments
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All India Council for Technical Education, New Delhi Vs. Jesus and Mar ...
Court: Andhra Pradesh
Decided on: Mar-14-2002
Reported in: 2002(3)ALD283
S.R. Nayak, J. 1. This case has a chequered career. Initially, the 1st respondent herein, with an intention to establish a college to impart education leading to MBA course, made an application to the All India Council for Technical Education (for short, the Council), the appellant herein. Though approval was granted by the Council by its proceeding dated 26-12-1995, the Osmania University, refused to grant affiliation. The refusal to grant affiliation was not assailed by the 1st respondent. When the matter stood thus, the 1st respondent submitted an application on 20-6-1996 seeking permission of the Council for conversion of MBA course into PGDM course. That application was rejected by the Council by proceeding dated 16-8-1996. Again, the 1st respondent made an application on 27-8-1996 seeking permission of the Council to start PGDM course. On 27-2-1997, the Council again rejected that application in view of the policy decision taken by the Executive Committee of the Council on 7-11-1...
Gaddam Subba Reddy Vs. Nandyal Merchants' Co-operative Housing and Sho ...
Court: Andhra Pradesh
Decided on: Mar-14-2002
Reported in: 2002(3)ALD251
L. Narasimha Reddy, J.1. In this second appeal, the defendant in OS No. 220 of 1986 challenges the judgment and decree in AS No. 64 of 1988 on the file of the Subordinate Judge at Nandyal.2. The respondent filed a suit for recovery of an amount of Rs. 10,803/-together with interest @ 24% from 25-2-1985. The basis of the claim was that the respondent entrusted the work of construction of the building to the appellant and after the completion of the work, it paid an amount of Rs. 16,320/- on 25-2-1985. However, on verification it was found that it has to pay only Rs. 5,517/- and accordingly asked appellant to refund the amount of Rs. 10,803/-.3. According to respondents, though the appellant acknowledged the liability to refund, he did not refund the same and a notice dated 20-10-1985 was issued calling upon him to pay the amount with interest at 24%. Since, the appellant failed to comply the demand made under notice, he filed the suit.4. The appellant herein filed a written statement ad...
Konagandla Saraswathi and ors. Vs. Pulipaty Kumarswamy
Court: Andhra Pradesh
Decided on: Mar-14-2002
Reported in: 2002(3)ALD315; 2002(5)ALT23
ORDERGhulam Mohammed, J.1. This civil revision petition has been preferred by the legal heirs of the deceased Lakshmayya who is the tenant against the decree and judgment passed in RC No. 45 of 1985, on 28th June, 1991 by the Principal Subordinate Judge, Guntur confirming the decree and judgment of the learned Rent Controller, Guntur.2. In Rent control proceedings, one Konagandla Lakshmayya is the tenant and during the pendency of RCA 45 of 1985, he died and subsequently, his legal representatives i.e., petitioners 1 to 4 herein are brought on record. In this background of the case, the parties will be arrayed as landlord and tenant for the sake of convenience.3. The backdrop of the facts of the case, which are relevant for appreciation of point involved in this revision, is as under: The land lord filed a petition under Section 10 of the Rent Control Act alleging that the property originally belonged to one Kotharaju Bhaskararao and the same was leased to the tenant on a monthly rent ...
C. Jayalakashmi Vs. State of Transport Appellate Tribunal, A.P., Hyder ...
Court: Andhra Pradesh
Decided on: Mar-14-2002
Reported in: 2002(3)ALD582; 2002(6)ALT809
Ghulam Mohammed, J.1. These three writ petitions raise identical questions of law and fact and, therefore, they are disposed of by this common judgment. For the purpose of this judgment, I may refer to the facts stated in WP No. 14205 of. 1988.2. The petitioner is a private motor transport operator plying her stage carriage on two town-service-routes under a permit issued by the Regional Transport Authority, Nellore. They are (1) N.I. Estateto Potlapudi and (2) N.I. Estate to Chinnacherukur. The permits are renewed from time to time.3. While so, the State Government, by G.O. Ms. No. 150, dated 13.2.1987, approved a Draft Scheme under Section 68-D of the Motor Vehicles Act, 1939 ('the Act' for brief) relating to Mofussil service route from Nellore to Kodur via Potlapudi. As per Note (b) appended to the Scheme, the holders of stage carriage permits in respect of town service routes having an overlapping of not more than 8 KMs., on the notified route are exempted from operation of the sai...
Mallika Begum Vs. Asha Begum
Court: Andhra Pradesh
Decided on: Mar-14-2002
Reported in: 2002(3)ALD615; 2002(2)ALT73; II(2002)DMC597
Ramesh Madhav Bapat, J. 1. This is an appeal by the plaintiff. The plaintiff instituted O.S. No. 110 of 1997 in the Family Court, Hyderabad against the defendant-respondent herein with the following averments. It is stated by the plaintiff that she was married to late Abdul Aleem Khan on 26-9-1960 as per Muslims rites and customs. A sum of Rs.5,000/- was fixed as Meher. They were blessed with a female child named Ahmedi Begum. They spent a period of one year of happy married life and thereafter her deceased husband started ill-treating and torturing her and necked her out with her daughter. Since then she was residing with her parents and depending on them. 2. It is further stated by the plaintiff that she filed Maintenance Case No. 75 of 1975 before the- 111 Metropolitan Magistrate, Secunderabad claiming maintenance for her daughter. The learned Magistrate awarded maintenance at the rate of Rs. 50/- per month from February 1976. It is further averred by her that she also filed M.C.No....
T.T. Devasthanams, Tirupathi Vs. Chairman-cum-presiding Officer, Indus ...
Court: Andhra Pradesh
Decided on: Mar-14-2002
Reported in: 2002(4)ALD241; 2002(6)ALT130; [2002(94)FLR1195]
ORDERP.S. Narayana, J. 1. The Tirumala Tirupati Devasthanams, represented by its Executive Officer, filed the present writ petition seeking relief of writ of certiorari for quashing the award passed in ID No. 105/94, dated 6-8-1997 made by the Chairnian-cum-Presiding Officer, Labour Court, Anantapur 1st respondent herein, in favour of 2nd respondent herein. 2. Through the respective pleadings of the parties as, can be seen are very lengthy, the important contentions, which had been raised are as follows: 1. Tirumala Tirupati Devasthanams, Tirupati, is not an 'industry' within the meaning of the Industrial DisputesAct, 1947. 2. The 2nd respondent claiming the office of Assistant Stapathy, is not a 'workman' within the meaning of the Industrial Disputes Act, 1947. 3. The 2nd respondent who had invoked the jurisdiction of the 1st respondent in ID No. 106/94 had failed to discharge his burden and hence in the absence of any evidence, the impugned award is liable to be quashed. The facts ...
C. Jayalakshmi Vs. State Transport Appellate Tribunal and ors.
Court: Andhra Pradesh
Decided on: Mar-14-2002
Reported in: I(2003)ACC468
Ghulam Mohammed, J.1. These three writ petitions raised identical questions of law and fact and, therefore, they are disposed of by this common judgment. For the purpose of this judgment, I may refer to the facts stated in W.P. No. 14205 of 1988.2. The petitioner is a private motor transport operator plying her stage carriage on two town-service-routes under a permit issued by the Regional Transport Authority, Nellore. They are (1) No. 1. Estate to Potlapudi and (2) N.I. Estate to Chinnacherukar. The permits are renewed from time-to-time.3. While so, the State Government, by G.O.Ms. No. 150, dated 13.2.1987, approved a Draft Scheme under Section 68-D of the Motor Vehicles Act; 1939 ('the Act' for brief) relating to Mofussil service route from Nellore to Kodur via Potlapudi. As per Note (b) appended to the Scheme, the holders of stage carriage permits in respect of town service routes having an overlapping of note more than 8 kms. on the notified route are exempted from operation of the...
M.S. Prasad and ors. Vs. Govt. of A.P., Co-operative Dept. and ors.
Court: Andhra Pradesh
Decided on: Mar-14-2002
Reported in: 2002(4)ALT136
ORDERB. Sudershan Reddy, J.1. These writ petitions may be disposed of by a common order, since the issues requiring adjudication and the questions that arise for consideration are similar in all the cases.2. What is otherwise an insignificant internal and routine correspondence between the Registrar of Co-operative Societies, Andhra Pradesh and the Managing Director, A.P. State Co-operative Bank Limited is blown out of proportion and sought to be impugned in this batch of writ petitions by the petitioners.3. The Governmental anxiety to exercise unlimited control and supervise all and every activity of the Co-operative Societies in the State of Andhra Pradesh as elsewhere in India led to unnecessary and avoidable complications. In the process significant contribution is made to docket explosion in this Court.4. The Government's attempt to shape the Co-operative structure into the Integrated Rural Development Programme by providing liberal financial assistance during the initial stage wh...
Smithkline Beecham Consumer Health Care Limited, Rajahmundry, East God ...
Court: Andhra Pradesh
Decided on: Mar-13-2002
Reported in: 2002(3)ALD59; 2002(3)ALT684; [2002(94)FLR1063]
S.R. Nayak, J.1. Both these writ appeals are directed against the same judgment of the learned single Judge dated 4-8-1998 in writ petition No. 17556 of 1994. Writ Appeal No. 1590 of 1998 is filed by M/s. Smithkline Beecham Consumer Health Care Limited - the 2nd respondent in the writ petition whereas Writ Appeal No. 1599 of 1998 is by HMM Limited (Horlicks)Workers Union - the 5th respondent in the writ petition.2. Writ Petition No. 17556 of 1994 was filed by SBCB Limited Operators and Workers Union - the 1st respondent in the writ appeals for the following relief:Under the circumstances, we pray that this Hon'ble Court may be pleased to issue an appropriate writ or order or direction under Article 226 of Constitution of India, particularly one in the nature of the writ of certiorari, quashing the award passed by the 4th respondent herein in ITID No. 4/92, dated 29-7-1994 as unjust and illegal after calling for the records.3. Although initially the above relief was sought in the writ p...
Registrar Osmania University, Hyderabad and ors. Vs. B.K. Rama Devi
Court: Andhra Pradesh
Decided on: Mar-13-2002
Reported in: 2002(3)ALD271
S.R. Nayak, J. 1. The authorities of the Osmania University have filed this writ appeal against the order of the learned single Judge made in WP No. 11291 of 1991. The respondent, Smt. B.K. Ramadevi, filed the above writ petition praying for a writ, order or direction more particularly in the nature of writ of mandamus directing the respondents to regularize the services of the writ petitioner in the post of Telugu Pandit Grade II in Model High School, Osmania University, Hyderabad with all consequential service benefits.2. The case of the petitioner, briefly stated, is as follows: She was appointed as a Telugu Grade II on temporary basis by proceedings dated 19-6-1985 and she reported for duty on 9-10-1985. Since then she has been working as Telugu Pandit Grade II and hence she is entitled to be regularised in service.3. A counter-affidavit was filed by the University opposing the relief sought by the petitioner. In the counter, it was contended that one post of Telugu Pandit had fall...
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