Andhra Pradesh Court April 2002 Judgments
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Repakula Vidya Sagar Vs. State Bank of Hyderabad, Hyd. and anr.
Court: Andhra Pradesh
Decided on: Apr-02-2002
Reported in: 2002(3)ALD165; 2002(3)ALT395
S.R. Nayak, J.1. Writ Appeal No. 1778 of 2001 and 121 connected writ appeals are directed against the common judgment and order of the learned single Judge dated 21-9-2001 made in WPNo.6235 of 2001 and batch. The appellants are the writ petitioners. The writ petitioners questioned the validity of the refusal of State Bank of Hyderabad, the 1st respondent herein, to accept the applications filed by the petitioners for voluntary retirement under the 'State Bank of Hyderabad (Employees) Voluntary, Retirement Scheme, 2001' (for short, the Special Scheme), on the ground that the petitioners' age is below the cutoff age as decided by the 1st respondent-Bank.2. The Special Scheme framed by the 1st respondent herein has had a historical background. The Union of India, Ministry of Defence (Banking Division) had an occasion to review the entire human resources and man-power planning in public -sector banks and suggest remedial measures. For achieving the aforementioned objective, the Union of In...
Ragiboyina Bhulakshmi Vs. Government of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Apr-02-2002
Reported in: 2002(3)ALD462; 2002(3)ALT549
ORDERP.S. Narayana, J. 1. The writ petition is filed questioning the validity of G.O. Ms. No. l11, PR, RD, & RD (Election-Ill) Department, dated 3-3-1995 as illegal, arbitrary and ultra vires and hit by Article 14 of the Constitution of India. 2. The facts in nutshell are asfollows : 3. The writ petitioner was elected as Sarpanch of Tatarlapalli Gram Panchayat, Nuzendla Mandal, Guntur District defeating 2nd respondent in Gram Panchayat elections held on 20-8-2001 and she had assumed charge and has been discharging her functions as Sarpanch from the said time onwards. The 2nd respondent filed an Election Petition, OP No. 7 of 2001 before Election Tribunal headed by District Munsif exercising the jurisdiction as persona designates and not as a Judge under Sub-clause (3) of Clause (2) of G.O. Ms. No. l11, PR, RD & R (Election-Ill) Department, dated 3-3-1995, read with Section 233 of A.P. Panchayat Raj Act, 1994, hereinafter referred to in short as 'Act'. The said election petition was fil...
Anjuman-e-islamiah, Kurnool Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Apr-02-2002
Reported in: 2002(3)ALD501; 2002(3)ALT505
ORDERGhulam Mohammed, J.1. The petitioner in the instant writ petition seeks a mandamus declaring the provisions of G.O. Ms. No.524, Education (Rules) Department, dated 20-12-1988 and subsequent rejection orders passed by the 4th respondent in respect of the appointments made in proceedings dated 9-3-1990, 1-6-1990, 9-4-1990 and 15-5-1992 as illegal, arbitrary by holding that Umar Arabic High School, Kurnool is a minority institution within the meaning of Article 30 of the Constitution of India and the said G.O. has no application to the minority institutions.2. It is averred that Umar Arabic High School, Kurnool is an oriental school imparting education in Arabic and Persian upto the standard equivalent to secondary education i.e., 10th class as defined in G.O. Ms. No. 524, dated 20-12-1988. It is averred that the said G.O. is violative of the rights of the minority institution and it does not fall within the regulatory power of the State to be exercised in the interest of excellence ...
Y. Venkatachalapathi Reddy Vs. Bank of India and anr.
Court: Andhra Pradesh
Decided on: Apr-02-2002
Reported in: 2002(4)ALD173; 2002(6)ALT412; [2003]113CompCas368(AP)
B.S.A. Swamy, J. 1. In this LPA we are called upon to decide a ticklish issue i.e., whether the respondent-plaintiff (bank) can be unsuited by relying upon illustration (c) to Section 127 of the Indian Contract Act (for short 'the Act'). In other words, whether the surety (guarantee) bond executed by the appellant-second defendant also applies to past consideration or whether the Court has to hold that as the consideration did not pass contemporaneously the surety bond executed by the appellant-second defendant at a later point of time is to be declared as void.2. The facts of the case are as follows.3. The first defendant who was not party in this appeal, approached the respondent-plaintiff (bank) and made application, dated 2-9-1976, for sanction of term loan for the purchase of a diesel metador(mini-bus) to eak out his livelihood by giving the mini-bus on hire. He agreed to discharge the loan amount with interest within three years as per Clause 17 of that application, and as per Cl...
Sekhari Aruna Kumari Vs. Dist. Collector and ors.
Court: Andhra Pradesh
Decided on: Apr-02-2002
Reported in: 2002(3)ALT571
ORDERP.S. Narayana, J.1. Heard Sri D.V. Seetharama Murthy, learned Counsel for the writ petitioner and the learned Government Pleader for Assignments.2. The writ petition is filed questioning the proceedings of the 3rd respondent in R.C.A.No. 334/97 dated 5-11-1997 as arbitrary, illegal and violative of the principles of natural justice and also praying for appropriate relief.3. The facts in brief are as follows:The husband of the writ petitioner applied for assignment of land as landless poor person and the Tahsildar, Visakhapatnam assigned the land measuring Ac. 3.54 cents in S.No. 55/1 of Rishikonda village on 25-12-1978 and consequent upon the said assignment the husband of the petitioner, the petitioner and her other family members brought the land under cultivation spending huge amount raising cashew and mango plants and thus the lands assigned were brought under cultivation within three years under condition No. 2 of the orders of assignment and the revenue authorities also issu...
Peddaboina Laxmi and ors. Vs. Lamba Road Lines and anr.
Court: Andhra Pradesh
Decided on: Apr-01-2002
Reported in: 2002(6)ALD132
B.S.A. Swamy, J.1. We are astonished to see the way in which the members of the legal fraternity dealing with the rights of their clients. The appellants are the claimants in OP No. 261 of 1993 on the file of the Motor Vehicles Accident Claims Tribunal-cum-District Judge, Rangareddy District. They filed the said OP No. 261 of 1993 under Section 166 of the Motor Vehicles Act and Rule 455 of the Andhra Pradesh Motor Vehicles Rules claiming a sum of Rs. 2,00,000/- towards compensation in view of the death of one Peddaboina Venkataiah. Though the Counsel for the appellants made the owner of the vehicle as party respondent he did not choose to take the summons to that respondent. In the result, the said OP No. 261 of 1993 was dismissed under Order 9, Rule 2 CPC against the owner of the vehicle. The advocate appearing on behalf of the appellants Who is present before this Court, submits that he has been practising as an advocate for about two decades and doing motor vehicle cases for more th...
Madhava Hi-tech Cold Storage (P) Limited Vs. Assistant Commercial Tax ...
Court: Andhra Pradesh
Decided on: Apr-01-2002
Reported in: [2002]127STC469(AP)
Motilal B. Naik, J.1. The petitioner seeks a writ of certiorari declaring the proceedings of the first respondent, dated February 8, 2002 in G.I. No.7206/2000-2001 as illegal, arbitrary, unjust and seeks appropriate orders, which are deemed to be fit and proper in the circumstances of the case.2. The petitioner is a registered dealer under the provisions of the Andhra Pradesh General Sales Tax Act, 1957 and also under the provisions of the Central Sales Tax Act, 1956. According to the petitioner, it constructed a cold storage in Vijayawada for which purpose it was required to purchase cooling systems, refrigeration and plant and machinery to install the storage plant for maintaining and preserving the required temperatures for storage of various commodities such as foods, chillies, tamarind, fruits, etc. While so, the first respondent, on the basis of the application filed by the petitioner, had issued a registration certificate under the provisions of the Central Act on November 8, 20...
A. Hari Prasanna and anr. Vs. Sri Venkateswara University and ors.
Court: Andhra Pradesh
Decided on: Apr-01-2002
Reported in: 2002(3)ALT219
ORDERP.S. Narayana, J.1. The writ petitioners, an Assistant Professor and Assistant Director-Lecturer, of Sri Venkateswara University, in short referred to as 'University' hereinafter, had questioned the proceedings dated 4-1-2002 passed in No. E. 11(6)/2002 on the file of 1st respondent and the consequential proceedings and the grounds raised in both these Writ Petitions being substantially the same, both the Writ Petitions are being disposed of by a common order.2. In W.P.No. 1187/2002, the petitioner was appointed as a Lecturer in English vide proceedings dated 2-9-1992 and after completion of probation the 1st respondent-University had declared her probation to be satisfactory by proceedings dated 8-4-1999 with effect from 10-10-1994 and on 4-1-2002 the 1st respondent had transferred the petitioner from the 2nd respondent College to the 3rd respondent College and consequently proceedings dated 19-1-2002 had been issued by the 2nd respondent and hence the Writ Petition was filed for...
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