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Andhra Pradesh Court April 2002 Judgments

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Apr 08 2002

Challa Rama Narasimha Reddy and ors. Vs. Branch Manager, Nagarjuna Gra ...

Court: Andhra Pradesh

Decided on: Apr-08-2002

Reported in: 2002(6)ALT641; II(2003)BC32

ORDERV.V.S. Rao, J. 1. A short, but interesting, question arises for consideration in these three writ petitions filed against the Nagarjuna Grameena Bank, Sattupalli Branch, Khammam district and the Tahasildar-cum-Recovery Officer in the Lead Bank Office, Khammam. The three petitioners obtained agricultural loans from Nagarjuna Grameena Bank in the years 1984, 1994 and 1980 respectively. 2. In these writ petitions, as noticed above, the 2nd respondent issued distraint orders on different dates authorising the Branch Manager of Nagarjuna Bank to distrain the property of the petitioners, presumably, at the request of the 1st respondent. The petitioners, however, objected to the same on various grounds, inter alia, that the loans they obtained are agricultural loans and are not loans under any of the employment programmes of the Central or State Government; that they have discharged a part of the debt; that the balance of the debt, if any, is time-barred and that the provisions of the Re...


Apr 08 2002

M. Padma and ors. Vs. M. Seshagiri Rao and ors.

Court: Andhra Pradesh

Decided on: Apr-08-2002

Reported in: 2003(5)ALD3; 2003(4)ALT683

ORDERC.Y. Somayajulu, J. 1. Since both the revision petitions are interconnected, they are being disposed of by this common order.2. C.R.P. No. 4539 of 1998 arises out of the order dated 21.4.1993 in E.A.No. 27 of 1990 in E.P. No. 35 of 1989 in O.S. No. 51 of 1964 on the file of the Court of the District Munsif, Mahabubabad allowing the E.A.No. 27 of 1990 and consequently dismissing E.P. No. 35 of 1989. C.R.P. No. 279 of 1994 arises out of the order dismissing E.P. No. 35 of 1989. 3. Revision petitioners filed O.S.No. 51 of 1964 seeking partition of the properties mentioned in the schedule appended to the plaint. After preliminary decree was passed, they filed I.A.No. 22 of 1969 for passing a final decree in terms of the preliminary decree. On 31.1.1972 a final decree, allotting shares to each of the sharers, was passed. Thereafter the revision petitioners filed E.P.No. 35 of 1989 seeking possession of the shares allotted to them under the final decree. In that E.P, first respondent fi...


Apr 05 2002

S. Ramkumar Naik and ors. Vs. the Principal Secretary to Government, E ...

Court: Andhra Pradesh

Decided on: Apr-05-2002

Reported in: 2002(2)ALT675

B.Sudershan Reddy, J. 1. This batch of seven writ petitions may be disposed of by a common order since the subject matter and the issues that arise for consideration and to be resolved are one and the same. W.P.Nos.14903, 24420 of 1997; 20707 and 24842 of 2000 are directed against the common order dated 28-4-1997 passed by the Andhra Pradesh Administrative Tribunal at Hyderabad dismissing the O.A.Nos.3079, 5790, 1717 and 3104 of 1995 respectively filed by the petitioners. W.P.No.14689 of 2001 is directed against the order passed by the Tribunal dismissing O.A.No.2506 of 2001, dated 18-6-2001 following its own order dated 28-4-1997 passed in O.A.No.3079 of 1995 and Batch. Likewise, W.P.No.22926 of 2001 is directed against the order passed by the Tribunal in O.A.No.7982 of 2001, dated 2-11-2001 and W.P.No.25322 of 2001 is directed against the order dated 17-9-2001 in O.A.No.6362 of 2001. 2. In all these writ petitions, the constitutional validity of the amendment issued in G.O.Ms.No.35, ...


Apr 05 2002

State Bank of India Vs. Industrial Tribunal, Hyd. and anr.

Court: Andhra Pradesh

Decided on: Apr-05-2002

Reported in: 2002(3)ALD99; [2002(94)FLR1030]

S.R. Nayak, J.1. This writ appealfiled by the Management of the State Bankof India is directed against the order of thelearned single Judge dated 23-8-1996 in WPNo. 193 of 1987. 2. The workmen of the State Bank of India, Region II, Vijayawada sought reference of the following industrial dispute to the Industrial Tribunal, Hyderabad for adjudication under Section 7-A read with Section 10(1)(d) of the Industrial Disputes Act, 1947 (for short 'the Act').'Whether the action of the management of State Bank of India, Region-II, Vijayawada in relation to their Vijayawada-I Branch in terminating the service of Sri Golla Vijayendra Rao, Waterman (vide corrigendum No. L-12012/197/83-D.II(A) dated 18-2-1984 from Government of India, Ministry of Labour, New Delhi) w.e.f. 28-6-1982 and not considering him for further employment while engaging a fresh hand in his place was justified ?'3. The said industrial dispute was numbered as Industrial Dispute No. 2 of 1984. The case of the Union before the In...


Apr 05 2002

A. Vinod Kumar Vs. Deputy Commissioner of Labour, Warangal District an ...

Court: Andhra Pradesh

Decided on: Apr-05-2002

Reported in: 2002(3)ALD328; [2002(95)FLR611]; (2002)IVLLJ213AP

ORDERL. Narasimha Reddy, J.1. The petitioner is an employer. He employed the 2nd respondent and thereafter terminated his services. Challenging the termination, the 2nd respondent filed SE No. 4 of 1993 before the 3rd respondent. The 3rd respondent passed an order on 16-5-1994 holding that the termination of the 2nd respondent is illegal. He has also passed orders to the effect that the 2nd respondent shall be entitled to full back wages and compensation of Rs. 2,450/-, in lieu of reinstatement.2. Feeling aggrieved by the order of the 3rd respondent, the petitioner preferred an appeal before the 1st respondent, which was numbered as SA No. 5 of 1994. On the ground that the petitioner failed to deposit the amount as required under Section 48(3) of the Shops and Establishments Act, 1988 (for short 'the Act'), the 1st respondent rejected the appeal through order dated 29-10-1994. The petitioner challenges the same.3. The 2nd respondent filed a counter-affidavit supporting the order passed...


Apr 05 2002

Ajay Agarwal and ors. Vs. Nagarjuna Finance Limited

Court: Andhra Pradesh

Decided on: Apr-05-2002

Reported in: 2002(3)ALD708; 2002(3)ALT564

ORDERG. Rohini, J.1. This civil revision petition is directed against the order dated 6-9-2000 in IA No. 1837 of 2000 in OP No. 1590 of 2000 on the file of the Court of the III Additional Chief Judge, City Civil Court, Hyderabad.2. The revision petitioners who are the respondents in OP No. 1590 of 2000 as well as in IA No. 1837 of 2000 are assailing the order of the Court below made under Order 38, Rule 5 of CPC directing conditional attachment of their immovable properties.3. The brief facts of the case are as follows:OP No. 1590 of 2000 has been filed by the respondent herein under Section 9(2) of the Arbitration and Conciliation Act, 1986 against the revision petitioners seeking a direction to them to furnish security for a sum of Rs. 1,49,95,193.50 Ps, failing which to attach the schedule mentioned properties pending disposal of the arbitration proceedings to be initiated. Along with OP No. 1590 of 2000, IA No. 1837 of 2000 has been filed under Order 38, Rule 5 of CPC seeking attac...


Apr 05 2002

Reginald Abraham and ors. Vs. the State of A.P., Through Sub-inspector ...

Court: Andhra Pradesh

Decided on: Apr-05-2002

Reported in: 2002(1)ALD(Cri)889; 2002(2)ALT(Cri)97

ORDERGopala Krishna Tamada, J.1. In this revision, the petitioners, who are A-1 to A-3 in C.C. No.356 of 1998 on the file of the Court of the Judicial I Class Magistrate, Chilakaluripet, assail the order dated 31-1-2000 made in Crl. M.P. No.747 of 1999 in the said case, by which the learned Magistrate refused to discharge them under Section 239 Cr.P.C. of the offences punishable under Sections 406 and 420 I.P.C.2. The factual matrix, according to the charge sheet filed by the S.H.O., Chilakaluripet (Town) P.S., is as follows:The de facto complainant K. Subba Rao and two others are the partners of 'Kokkera Brothers' and they are engaged in the business of cotton such as pressing and supplying the lint bales etc. In their business transactions, during the year 1994 as per the understanding entered into between the then Administrator of Kamakshi Amman Co-operative Spinning Mills Ltd., Kancheepuram, Kokkera Brothers supplied 37 lots of lint bales between December 1994 and June 1995 and the...


Apr 04 2002

Dr. A. Mukkarram Syed Fazlullah Vs. Director of Collegiate Education, ...

Court: Andhra Pradesh

Decided on: Apr-04-2002

Reported in: 2002(3)ALD215

S.R. Nayak, J. 1. Both the writ appeals are filed by Dr. A. Mukkarram Syed Fazlullah (for short hereinafter referred to as 'the writ appellant) and they are directed against the common order of the learned single Judge dated 23-3-1998 in W.P. No. 28337 of 1997 and W.P.30790 of 1997. 2. Along with the above two writ petitions, another Writ Petition No. 24537 of 1997 was also dubbed and heard together and they were disposed of by a common order. 3. The background facts leading to the filing of the above writ petitions are as follows: 4. The Oriental Urdu College (Evening) situated at Himayatnagar, Hyderabad represented by its Secretary and Correspondent (herein after referred to as 'the college') is the second respondent in W.A.No. 1530 of 1998 and respondent No. 3 in W.A. 1291 of 1999. The Management of the College after getting necessary approval from the competent authority issued a notification calling for applications from the eligible candidates for appointment to the post of three...


Apr 04 2002

Sohani Granites Pvt. Ltd., Rep. by Its Managing Director, Mr. Govind D ...

Court: Andhra Pradesh

Decided on: Apr-04-2002

Reported in: [2003]115CompCas630(AP)

ORDERDubagunta Subrahmanyam, J. 1. This revision petition is filed against the order dated 1.12.2000 in I.A. No. 1401 of 1999 in O.S. No. 1554 of 1997 on the file of VII Senior Civil Judge, City Civil Court, Hyderabad.2. The plaintiff filed the suit for recovery of a sum of Rs. 40,00,000=00 with future interest and costs and also for a decree for cancellation of the mortgage deed executed by the guarantor directing the defendant to return the original title deeds and for a decree for arrears of rent at the rate of Rs. 20,000=00 per month. The defendant entered his appearance in the court and on the same day, he filed a petition under Section 8 of the Arbitration & Conciliation Act, 1996, requesting the trial court to refer the matter to the appointed Arbitrator and consequently stay proceedings of the suit pending decision of the Arbitrator. According to the defendant there is an agreement between the parties as evident from the letter dated 25.2.1992 to refer the dispute to an Arbitra...


Apr 04 2002

R. Malla Reddy Vs. Government of Andhra Pradesh and ors.

Court: Andhra Pradesh

Decided on: Apr-04-2002

Reported in: 2002(4)ALD657; 2002(6)ALT705

ORDERT. Meena Kumari, J.1. This writ petition has been filed to declare the order of the first respondent passed in G.O. Rt. No. 734 Revenue (Excise-111) Department dated 3-4-2001 and the consequential order of the third respondent passed in Proc. No. C/3131/ 98 dated 26-4-2001 granting licence in favour of the fourth respondent as illegal, arbitrary and without jurisdiction.2. The brief facts of the writ petition are as follows:The petitioner was granted an IL24 licence under the provisions of the A.P. Excise Act for the excise year 1998-99 and the same was renewed for the year 2000-01. The petitioner was running the shop at Cuddapah without contravening any of the conditions of the grant of licence or the provisions of the A.P. Excise Act and the Rules thereunder.3. It is stated in the affidavit that the fourth respondent herein was also granted licence for 1998-99 and the same was suspended on 15-5-1998 by the third respondent on the ground that the fourth respondent has contravened...


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