Andhra Pradesh Court July 2002 Judgments
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Shri Shakthi Lpc Limited Vs. Kerala State Co-operative Consumer Federa ...
Court: Andhra Pradesh
Decided on: Jul-18-2002
Reported in: I(2003)BC234
Dalava Subrahmanyam, J.1. The appellant-petitioner-plaintiff filed the appeal against thedecree and order dated 6.3.2002 passed in LA. No. 1283 of 2001 in O.S. No. 257 of 2001 in dismissing the petition filed by the appellant-petitioner under Order 39 Rule 1 r/w Section 151, C.P.C praying to grant temporary injunction against the 1st respondent herein from encashing the Bank guarantee furnished by the appellant-petitioner. The brief facts leading to the filing of the appeal are as follows :2. The appellant-plaintiff filed O.S.No. 257 of 2001 on the file of the III Additional Chief Judge, City Civil Court, Hyderabad against the respondent-defendants praying to declare the agreement dated 27.2.1998 and the supplemental agreement dated 15.5.1998 as unconscionable, null and void and being unilateral, not binding on the plaintiff and the 1st defendant is not entitled to encash the demand drafts issued by defendants 2 and 3 for Rs. 6.66 crores and consequently for mandatory injunction direct...
Aduru Sridevi Alias Parvathi Vs. Aduru Ganesh
Court: Andhra Pradesh
Decided on: Jul-18-2002
Reported in: 2002(6)ALT78
ORDERC.Y. Somayajulu, J.1. This petition is filed seeking transfer of O.P. No. 3/2001 on the file of the Court of Senior Civil Judge, Kavali, to the Court of Senior Civil Judge, Bapatla, on the ground that the petitioner has no means to travel all the way from Kavali to Bapatla (sic. from Bapatla to Kavali) for attending every hearing of the case, and also on the ground that a criminal case in C.C. No. 13/2000, based on a report given by her against the respondent under Section 498-A IPC, is pending in the court of the Magistrate at Bapatla, and that she also filed a petition in M.C. No. 7/2002 for maintenance under Section 125 Cr.P.C. in the court of Judicial Magistrate of First Class, Bapatla.2. The case of the respondent is that after the petitioner lodged a complaint against him under Section 498-A IPC, he filed a petition before the Sessions Court seeking anticipatory bail, and in pursuance of the orders passed therein, when he went to the court at Bapatla to surrender himself bef...
Aduru Sridevi @ Parvathi Vs. Aduru Ganesh
Court: Andhra Pradesh
Decided on: Jul-18-2002
Reported in: I(2003)DMC246
ORDERC.Y. Somayajulu, J.1. This petition is filed seeking transfer of O.P. No. 3/2001 on the file of the Court of Senior Civil Judge, Kavali, to the Court of Senior Civil Judge, Bapatla, on the ground that the petitioner has no means to travel all the way from Kavali to Bapatla (sic. from Bapatla to Kavali) for attending every hearing of the case, and also on the ground that a criminal case in C.C. No. 13/2000, based on a report given by her against the respondent under Section 498-A, I.P.C, is pending in the Court of the Magistrate at Bapatla, and that she also filed a petition in M.C. No. 7/2002 for maintenance under. Section 125, Cr.P.C. in the Court of Judicial Magistrate of First Class, Bapatla.2. The case of the respondent is that after the petitioner lodged a complaint against him under Section 498-A, I.P.C, he filed a petition before the Sessions Court seeking anticipatory bail, and in pursuance of the orders passed therein, when he went to the Court at Bapatla to surrender him...
Zaheer Ahmed Khan Vs. Chief Executive Officer, A.P. State Wakf Board a ...
Court: Andhra Pradesh
Decided on: Jul-18-2002
Reported in: 2003(3)ALT738
Motilal B. Naik, J.1. During the course of hearing the writ appeal, on the basis of submissions made by the learned counsel representing the parties, we primarily believed that the writ petition could also be decided along with the writ appeal, so that the issue involved in the writ petition could be set at naught by this Court. Accordingly, we summoned the writ petition to be taken up at 2-15 PM along with the writ appeal and decide the Writ Appeal along with the Writ Petition by the following order.2. The Writ Appeal is filed by the petitioner assailing the order passed by the learned single Judge in the above writ petition in WVMP No. 905 of 2002 in WPMP No. 4030 of 2002 dated 20-6-2002.3. The writ petition is filed by the appellant seeking a writ of mandamus declaring the proceedings No. JC/RR/ 2000/B2, dated 12-9-2001 issued by the 1st respondent as illegal, improper, unjust and without jurisdiction and pass such other relief as may deem fit and proper in the circumstances of the ...
Naguluri Krishna Kumar Goud Vs. Government of Andhra Pradesh, Agricult ...
Court: Andhra Pradesh
Decided on: Jul-18-2002
Reported in: 2002(5)ALT160
AR. Lakshmanan, C.J.1. This Writ Petition is filed seeking a Writ of Mandamus directing the respondent No. 1 to refer the financial irregularities committed by the 3rd respondent during the period from 30-6-2001 to 22-12-2001 as Managing Director of the Respondent No. 2 Corporation, for audit to the Comptroller and Auditor-General of India under Section 31(8) of the Warehousing Corporation Act, 1962.2. The Writ Petition, as framed, is not maintainable in law. The Supreme Court in S.I. Syndicate Ltd. v. Union of India, : [1975]1SCR956 while dealing with an identical matter, has observed as follows:'As a general rule, the order will not be granted unless the party complained of has known what it was he was required to do, so that he had the means of considering whether or not he should comply and it must be shown by evidence that there was a distinct demand of that which the party seeking the Mandamus desires to enforce, and that demand was met by a refusal Halsbury's Laws of England, 3r...
Andhra Pradesh Hotels Association Vs. Government of Andhra Pradesh and ...
Court: Andhra Pradesh
Decided on: Jul-17-2002
Reported in: 2002(4)ALD545; 2002(5)ALT33; [2001(91)FLR717]; (2002)IIILLJ623AP
S.R. Nayak, J.1. This writ appeal preferred by the unsuccessful writ petitioner is directed against the order of the learned single Judge dated 12.6.2001 made in WP No. 25172 of 2000. The petitioner filed the above writ petition for mandamus declaring G.O. Ms. No. 53 Labour, Employment, Training and Factories (Lab-II) Department dated 17-10-2000 issued by Government of Andhra Pradesh, the 1st respondent herein, as illegal, arbitrary and unconstitutional and to issue appropriate consequential directions to the respondents. The learned single Judge, by the order under appeal, has dismissed the writ petition.2. The petitioner is the A.P. Hotels Association represented by its Secretary, G. V. Krishniah. The Government of Andhra Pradesh issued draft notification in G.O. Rt. No. 599 Labour, Employment, Training and Factories (Lab-II) Department dated 23-3-1999 published in the A.P. Gazette on 25-3-1999 proposing revision of minimum wages in the hotel industry under Section 5(2) of the Minimu...
D. Srinivasa Raju Vs. District Forest Officer and ors.
Court: Andhra Pradesh
Decided on: Jul-17-2002
Reported in: 2002(5)ALD252
ORDERV.V.S. Rao, J.1. Nature's fauna and flora have certain exotic species. The exotic animals and the exotic plants fascinated the human beings since the beginning of civilization for various reasons like satiation of the taste buds as well as aesthetic sense. The aquatic fauna like fish, prawn, shrimp and the like has always been dearer to those who had taste of eating these. One such aquatic fish Clarias gariepinus popularly known as African Catfish is an exotic species. Biologists continued to research on African Catfish for its good and bad effects and on the ecology of the biosphere. There have been also researchers who cominend the artificial rearing/culture of Catfish for the kitchens of connoisseurs of multi-cuisine and the cooks with culinary talents.2. Clarias gariepinus - African Catfish (in local parlance 'Magur') is not native or indigenous to Indian waters, though its nearer cousin Clarias batrachus belonging to the family of 'Claridae' is found in fresh waters of Indian...
National Buildings Construction Corporation Limited and ors. Vs. M.V.V ...
Court: Andhra Pradesh
Decided on: Jul-17-2002
Reported in: 2003(2)ALT689
AR. Lakshmanan, C.J.1. The writ petition was filed to quash the order dated 17-8-2001 in arbitration application No. 48 of 2001 as illegal and contrary to the provisions of the Arbitration and Conciliation Act, 1996.2. The facts in brief are as follows:The petitioner which is a Government of India Undertaking inter alia carries business of construction activities namely, roads, buildings, bridges, office complexes etc., having its Corporate and registered Office at Lodhi Road, New Delhi. The respondent was awarded the work of construction of parallel bridge at Muslim Jung, Secunderabad. The total value of the tender work was approximately fixed at Rs. 2.04 crores. Agreement was entered into between the petitioner and the respondent on 31-7-1999. Clause 22 of the said agreement provides for arbitration in the event of dispute between the parties. It is useful to refer to the said Clause 22 hereunder:All disputes, differences or questions arising out of or in connection with this agreeme...
All India Council for Technical Education, Indira Gandhi Sports Comple ...
Court: Andhra Pradesh
Decided on: Jul-16-2002
Reported in: 2002(5)ALT722
AR. Lakshmanan, C.J. 1. These Writ Appeals arising out of a common Judgment of the learned single Judge in W.P.Nos. 10435 and 18687 of 2001 were heard together and are being disposed of by this common Judgment. While Writ Appeal Nos.302 and 197 of 2002 are preferred against the order of the learned single Judge in W.P.No.18687 of 2001, Writ Appeal No.190 of 2002 is directed against the order passed in W.P.No10435 of 2001. 2. Briefly noted the facts leading to the controversy involved in these writ appeals are: One Azeezia Educational & Welfare Society, Nalgonda is a registered society (for short 'society') established with an intention to establish educational institution in the field of higher learning for the welfare of Muslim minority students. The society applied for permission to start a college for conducting three-year full time course in Master of Computer Applications (MCA) at Varkala village, Chintapally Mandal, Nalgonda district with an intake of 40 students to the All India...
Y. Satyanarayana Vs. Government of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Jul-16-2002
Reported in: 2002(5)ALT212
ORDERAr. Lakshmanan, C.J. 1. Heard Sri S.Ramachandra Rao for Sri L.Ravi Chandar, learned counsel for the petitioner, Smt M.Bhaskara Lakshmi learned standing counsel for the High Court and the learned Government Pleader. 2. The writ petition was filed by Sri Y.Satyanarayana who was Subordinate Judge (on deputation as Joint Director of Prosecutions, Directorate of Prosecutions, Andhra Pradesh) challenging the action of the respondents in compulsorily retiring him from service on attainment of age of 58 years and not continuing him in service upto the age of 60 years by issuing G.O.Rt.No.1822 Law Department, dated 23-12-1998 as arbitrary, illegal and violative of the fundamental rights guaranteed to him under Articles 14, 16 and 21 of the Constitution of India and also having the effect of violating the Directive Principles contained in Article 46 of the Constitution of India. 3. The case of the petitioner is that he is a senior judicial officer in A.P. Judicial Service and belong to Sche...
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