Andhra Pradesh Court June 2002 Judgments
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Mardia Steel Ltd. and ors. Vs. Nava Bharat Ferro Alloys Ltd. and anr.
Court: Andhra Pradesh
Decided on: Jun-27-2002
Reported in: 2002(2)ALT(Cri)331; [2004]119CompCas699(AP); [2004]56SCL109(AP)
Ch.S.R.K. Prasad, J.1. The petitioners invoke the inherent powers of this court under Section 482 of the Criminal Procedure Code, 1973, to quash the proceedings initiated against them in C. C. No. 475 of 1999 on the file of the XXIII Metropolitan Magistrate, Hyderabad.2. The brief facts of the case are that the first respondent-company is said to be engaged in manufacture and sale of ferro silicon. The first petitioner approached the first respondent-company and placed orders for supply of ferro silicon and during the course of business transactions in discharge of the liability and legal obligation, the first petitioner-company issued four cheques being Nos. 2192, 21923, 21924 and 21924 amounting to Rs. 3,85,962 when the said cheques were presented in AN2 Grindlays Bank, G. C. Road, Ahmedabad by the first respondent-company the same were returned with an endorsement 'payment stopped by the drawer' and to that extent a memo dated October 17, 1998, was received by the first respondent-c...
Gopi Hotel Vs. S. Naidu and ors.
Court: Andhra Pradesh
Decided on: Jun-27-2002
Reported in: 2002(6)ALT417; (2003)IILLJ259AP
L. Narasimha Reddy, J.1. The petitioner challenges the common order passed by the second respondent in S.A. Nos. 56 and 68 of 1986, filed under the provisions of Section 41 of the Andhra Pradesh Shops and Establishments Act, 1966.2. The petitioner is a hotel, wherein the first respondent was employed as a cook. The first respondent was alleged to have indulged in acts of indiscipline. Through order dated December 7, 1983 the petitioner terminated the services of the first respondent. The of der of termination was challenged by the first respondent by filing an appeal before the third respondent under the provisions of the Shops and Establishments Act, 1966. The third respondent, through his order, dated February 18, 1986, held that there is no irregularity in the proceedings culminating in the termination of the services of the first respondent. However, treating the punishment imposed against the petitioner as disproportionate and finding that it is not possible to direct reinstatemen...
Shiva Sagar Paper and Chemicals Ltd. Vs. Transmission Corporation of A ...
Court: Andhra Pradesh
Decided on: Jun-27-2002
Reported in: 2002(6)ALT395
ORDERV.V.S. Rao, J.1. The petitioner is a private limited company engaged in the manufacture of Craft paper and Duplex paper. The company went in production from 3-12-2000. The petitioner filed a writ petition being W.P.No. 15791 of 2001 before this Court praying for a writ of Mandamus declaring the action of the Transmission Corporation of Andhra Pradesh, the Chief Engineer and the Superintending Engineer of the said Corporation in not extending 25% rebate on power tariff for the initial three years period in terms of G.O.Ms.No.108, Industries and Commerce (IP) Department, dated 20-5-1996 and the eligibility certificate issued by the General Manager of the District Industries Centre, Srikakulam as illegal, arbitrary and quite unjust. Be it noted that by G.O.Ms.No.108, dated 20-5-1996 the Government declared Target-2000 New Industrial Policy and also formulated a scheme by giving certain incentives for setting up of new industries in the State of Andhra Pradesh. The scheme inter alia v...
R. Samba Murthy Vs. the Chief General Manager, State Bank of India, Lh ...
Court: Andhra Pradesh
Decided on: Jun-26-2002
Reported in: 2002(6)ALT733
ORDERL. Narasimha Reddy, J. 1. The petitioner was initially appointed as Clerk-cum-Typist in the State Bank of India, in the year 1973 and the same was confirmed in 1974. He was promoted as Trainee Officer on 1-8-1980 and confirmed in that post two years thereafter. On 1-8-1986, he was promoted as Manager Scale II and was posted at Payakaraopet branch, Visakhapatnam district. 2. While the petitioner was working at Payakaraopet branch, he was placed under suspension, through orders dated 31-7-1992, in contemplation of the initiation of disciplinary proceedings. He was issued a Charge Sheet dated 8-9-1993 wherein two charges were framed which related to the alleged irregularities in advancing certain loans in his capacity as Manager of the Payakaraopet branch. While Charge No.1 was split into 8 allegations dealing with various aspects of the irregularities said to have been committed by the petitioner in advancing loans, under Charge No.2, he was alleged to have accepted illegal gratific...
Munukuru Nagaratnamma and ors. Vs. Special Cadre Deputy Registrar Offi ...
Court: Andhra Pradesh
Decided on: Jun-26-2002
Reported in: 2002(4)ALD697
ORDERV.V.S. Rao, J. 1. These two writ petitions, which were taken up for hearing, were heard together finally with the consent of both the Counsel and disposed of by this common order at the admission stage. 2. In both these writ petitions, the petitioners who availed agricultural loans from the respective Primary Agricultural Co-operative Societies of their respective villages challenge the action of the respondents in issuing the sale auction notice under Sub-rule (11) of Rule 52 of the A.P. Co-operative Societies Rules, 1964 ('the Rules') and Section 104 of A.P. Cooperative Societies Act, 1964 ('the Act') notifying the sale of petitioners' property in realisation of the loan amount as per the certificate of recovery issued by the Deputy Registrar of Co-operative Societies, the first respondent herein. The properties of the petitioners in W.P. No. 11407 of 2002 will be auctioned on 28-6-2002, whereas the auction of the properties of the petitioners in W.P. No. 11314 of 2002 is schedu...
Manda Kameswar Rao and 7 ors. Vs. Pulle Venkateswarlu and 4 ors.
Court: Andhra Pradesh
Decided on: Jun-26-2002
Reported in: 2002(6)ALT523
ORDERC.Y. Somayajulu, J.1. Respondent filed R.C.C.No.30 of 1991 before the Rent Controller-cum-Principal District Munsif, Vizianagaram, seeking eviction of Manda Kameswar Rao, the tenant, and the father of the revision petitioners, from the building specified in the schedule appended to the petition, [hereinafter called the 'building'] on the ground of wilful default in payment of rent from April to September, 1991 bona fide requirement of the building for his personal occupation. The tenant Kameswar Rao filed his counter denying his committing default much less wilful default in payment of rent from April to September, 1991 and contending that he was paying rent in lumpsum as and when required by the respondent and was obtaining receipts and that the requirement of the building by the respondent who has a specious house at Visakhapatnam is not bona fide. In support of his case, respondent examined his wife as P.W.1 and marked Exs. A1 to A11. In support of his case, the tenant Kameswar...
Cheruku Enterprises Vs. State Bank of Hyderabad and anr.
Court: Andhra Pradesh
Decided on: Jun-26-2002
Reported in: 2002(2)ALT(Cri)388; III(2003)BC581; [2003]116CompCas58(AP)
Ch. S.R.K. Prasad, J.1. The petitioner invokes the inherent powers of this court under Section 482 of the Criminal Procedure Code, 1973, for quashing of the proceedings in C. C. No. 333 of 1999 on the file of the Fifth Metropolitan Magistrate, Nampalle, Hyderabad.2. It is necessary to have a brief resume of the background of the facts of the case to appreciate the contentions canvassed. The petitioner deals with the sale of computers and is the distributor for the Andhra Pradesh region for Leo Computers, Sanchayani, Madras, the all India distributor for Leo Computers. The head office of Leo Computers is at Taipei, Taiwan. The petitioner is the sole distributor for entire Andhra Pradesh. The petitioner in turn has appointed a few dealers in the Andhra Pradesh region for supply of computers and always insists on advanced post-dated cheques to supply computers to the dealers. The petitioner has opened cash credit account No. 50584 during September, 1998, with the State Bank of Hyderabad, ...
Visakha District (Rural) Passengers Association Vs. Government of A.P. ...
Court: Andhra Pradesh
Decided on: Jun-25-2002
Reported in: 2002(4)ALD691
Motilal B. Naik, J.1. In all these writ petitions, challenge to G.O. Ms. No. 152, Transport, Roads and Buildings (TR.1I) Department, dated 1-12-2001 is made and therefore, they are disposed of by this common order.2. These writ petitions are filed either by the owners of Idle Contract Carriage Vehicles or by passenger associations challenging the validity of G.O. Ms. No. 152, dated 1-12-2001. The vehicles involved in these writ petitions are idle contract carriages not covered by any permit but are plied on the strength of temporary permits or special permits issued under Section 87 or 88(8) of the Motor Vehicles Act, 1988.3. Prior to the issuance of impugned G.O. Ms. No. 152 dated 1-12-2001, G.O. Ms. No. 100, Transport, Roads and Buildings (Tr.II) Department, dated 20-5-1999 was in operation. Under the said G.O., the rate oftax was Rs. 17/- per seat per day for the Idle Contract Carriages if the operators of such vehicles obtained either special permits or temporary permits for a part...
Boddupally China Venkanna and ors. Vs. Edulla Narayana Reddy
Court: Andhra Pradesh
Decided on: Jun-25-2002
Reported in: 2002(5)ALD96; 2003(1)ALT35
ORDERV.V.S. Rao, J.1. The defendants in OS No. 34 of 1999 on the file of the Court of the Junior Civil Judge, Devarakonda, are the petitioners in this revision petition. The respondent -plaintiff filed the suit for perpetual injunction restraining the defendants in respect of the land admeasuring 0.37 gts. comprised in Sy.No. 455 of Mondikanigudem village, hamlet of Palvai village of Gurrampode Mandal, Nalgonda District. The suit was decreed on 7-9-2000. The petitioners filed an application under Order IX, Rule 13 seeking to set aside the ex parte decree. As there was a delay in filing the said application, they also filed IA No. 148 of 2001 praying the lower Court to condone the delay of 331 days in filing the application to set aside the ex parte decree. The trial Court having dismissed IA No. 148 of 2001, the petitioners filed the present revision petition under Section 115 of the Code of Civil Procedure, 1908 ('the Code').2. The trial Court having regard to the pleadings as well as...
Agricultural Market Committee, Rajahmundry Vs. Venkata Bulimamba Rice ...
Court: Andhra Pradesh
Decided on: Jun-25-2002
Reported in: 2002(5)ALD87; 2003(6)ALT569
P.S. Narayana, J.1. The Agricultural Market Committee, Rajahmundry, represented by its Secretary, is the appellant. The appellant is the defendant in OS No. 199 of 1980 on the file of Subordinate Judge, Rajahmundry. The respondent-plaintiff filed a suit for declaration and the consequential injunction and also for refund of Rs. 3,071.20 ps., with interest thereof. For the purpose of convenience, the parties are referred to as plaintiff and defendant, as shown in the suit.2. The allegations in the plaint are as follows:'The plaintiff is a registered firm under the Indian Partnership Act. It does business in paddy and rice at Kadium the name and style of Sri Venkata Bylimba Rice Mill. The defendant, which is Agricultural Market Committee, Rajahmundry, alleged to have formed a committee within the meaning of Section 4 of the Andhra Pradesh Agricultural Produce and Livestock Act, 1966, and notified agricultural produce and that paddy and rice is part and parcel of the said notified agricul...
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