Andhra Pradesh Court September 2002 Judgments

Y. Koteswara Rao and ors. Vs. State Election Commissioner, Govt. of A. ...

Court: Andhra Pradesh

Reported in: 2002(6)ALD293

ORDERL. Narasimha Reddy, J.1. The 1st petitioner is the Sarpanch of Karumanchi Gram Panchayat of Sivalyapuram Mandal, Guntur district. Petitioners 2 to 7 are the residents of that village. They challenge the action of the respondents herein in not including the names of the voters shown in the list submitted along with their representation dated 19-7-2002, in the voters' list of 2002, pertaining to 108, Vinukonda Assembly Constituency, Guntur district, as well as in the list of Karumanchi Gram Panchayat, as illegal and arbitrary and consequently direct the respondents to include the said names in the voters' list.2. Broadly stated, the relevant facts alleged by the petitioners are that the election to the MPTC seat of Karumanchi territorial constituency was held in the month of July, 2001 and the election to the Gram Panchayat of that village was held in August, 2001, on the basis of the voters' list prepared for the Vinukonda Assembly constituency. The 2nd respondent has undertaken th...

Pinapatruni Nagabhushanam Vs. Government of A.P. and ors.

Court: Andhra Pradesh

Reported in: 2002(6)ALD286; 2002(6)ALT693

ORDERGoda Raghuram, J.1. Heard Mr. A. Satya Prasad, learned Counsel for the petitioner, learned Government Pleader for Co-operation for respondent Nos. 1 to 3; Mr. B. Udaya Bhasker, learned Counsel for respondent 5.2. The petitioner, Secretary of the Payakaraopeta Primary Agricultural Cooperative Society, Payakaraopeta, Visakhapatnam district-4th respondent, assails the proceedings dated 13-5-2002 of the 4th respondent.3. The petitioner was initially appointed as a Clerk in the 4th respondent-society with effect from 12-8-1986. The 5th respondent was also working as Clerk along with the petitioner in the 4th respondent-society from 1986, but was appointed as Secretary of the 4th respondent-society in the year 1987. There was an enquiry under Section 51 of the Andhra Pradesh Co-operative Societies Act, 1964 (for short 'the Act') in the year 1983 into the affairs of the 4th respondent-society. A report of the said enquiry was submitted by the co-operative Sub-Registrar, which found the 5...

Prathima Educational Society Vs. Government of India and anr.

Court: Andhra Pradesh

Reported in: 2002(6)ALD338

ORDERL. Narasimha Reddy, J.1. The petitioner is an Educational Society, registered in the year 1997 under the provisions of the A.P. (Telangana Area) Public Societies Registration Act, 1350 Fasli. Its aims and objects, inter alia, are advancement of the medical education, para medical education, education of health sciences and research development.2. It is stated that the Government of Andhra Pradesh invited applications through notification dated 14-8-2000 for establishment of private medical colleges at various places in the State of Andhra Pradesh. One such place was Karimnagar. The petitioner, intending to establish a medicul college at Karimnagar with an intake of 150 students under the name and style of 'Prathima Institute of Medical Sciences' (for short, 'the medical college') has submitted its application together with necessary enclosures for issuance of Essentiality Certificate. The applications were verified by the Committee constituted by the Government for that purpose. B...

Ch. Mulugeswara Rao Vs. Registrar (Administration) High Court of A.P. ...

Court: Andhra Pradesh

Reported in: 2002(6)ALD774; 2002(6)ALT513

AR. Lakshmanan, C.J.1. Heard Mr. Y. Sudhakar, learned Counsel for the petitioner and Smt M. Bhaskara Lakshmi, learned Standing Counsel for High Court of Andhra Pradesh and perused all the material papers.2. The petitioner is a Process Server in Senior Civil Judge's Court, Amalapuram. He submitted an application on 28.1.2000 seeking permission to retire from service on medical invalidation and to provide employment to his son on compassionate grounds. The individual was referred to Medical Board, Kakinada on 5.2.2000 by the District Court directing the appellant to appear before the Medical Board. The Superintendent, Government Hospital, Kakinada submitted Medical Invalidation Certificate dated 30.3.2000. Later, the petitioner's case was referred to the District Level Committee for scrutiny and for onward transmission to this Court. The Member Convenor (I Additional District Judge), District Level Committee convened the meeting on 22.7.2000. In the said meeting, the District Medical and...

K.L. Kondappa Vs. Presiding Officer, Labour Court-i and anr.

Court: Andhra Pradesh

Reported in: 2003(1)ALD485; 2002(6)ALT636; [2003(96)FLR1097]

ORDERD.S.R. Varma, J.1. The petitioner challenges the award dated 3-11-1993 passed by the Labour Court in I.D. No. 176 of 1988 wherein the learned Judge while holding that Regulation 16 of the second respondent as not valid and legal, granted the relief of payment of Rs. 30,000/- in lieu of reinstatement.2. The brief facts are that the petitioner was working under the second respondent. He applied for leave for sometime and has extended the same from time to time. But the extension was not sanctioned by the second respondent. Therefore, it was held to be overstaying the sanctioned leave beyond 9 days. By invoking Regulation 16 of service regulations, the second respondent removed the petitioner from service holding that the petitioner lost the lien on his employment.3. Subsequently, the petitioner filed a writ petition before this Court which was allowed and against the same the second respondent filed a writ appeal on the ground that the petitioner was not a workman within the meaning...

Syed VikaruddIn and ors. Vs. Vishnuvardhan Reddy and anr.

Court: Andhra Pradesh

Reported in: 2003(1)ALD159

Dalava Subrahmanyam, J. 1. The writ petitioners/applicants filed the writ petition praying to issue a writ of certiorari and to quash the decree and judgment dated 29.7.1994 in LGC No. 10 of 1993 on the file of the Special Court under Andhra Pradesh Land Grabbing (Prohibition) Act, Hyderabad (for short 'the Special Court') as illegal, arbitrary and unjust.2. The brief facts of the case are as follows:The writ petitioners, who are the petitioners in LGC No. 10 of 1993, filed an application under Section 8(1) of the A.P. Land Grabbing (Prohibition) Act, 1982 (for short 'the Act') praying to evict the respondents from the application schedule property and after demolition of the illegal constructions therein deliver vacant possession of the property to the petitioners and also for damages, costs and other allied reliefs. The petitioners contended that late Syed Yousufuddin, father of the applicants, purchased Ac.145.16 guntas of land from out of Ac.150.16 guntas of land situated in S.Nos....

T. Madhava Rao Vs. M. Guman Reddy and anr.

Court: Andhra Pradesh

Reported in: 2002(2)ALD(Cri)695; 2002(2)ALT(Cri)563; I(2003)BC190; 2003CriLJ1043

ORDERC.Y. Somayajulu, J.1. The respondent filed a complaint under Section 138 of Negotiable Instruments Act against the petitioner alleging that a cheque for Rs. 95,0007- issued by the petitioner on 9.8.1999 towards the debts due to him under three pronotes dated 12.7,1998, 3.6.1998 and 5.9.1998, was dishonoured and that in spite of statutory notice of dishonour the petitioner did not pay the amount covered by the dishonoured cheque.2. The respondent examined himself as PW1 and marked Exs. P1 to P11. The petitioner examined himself as DW1 and another witness as DW2 and marked Exs. D1 to 3 on his behalf. He later filed Crl. M.P. No. 5143 of 2001 under Section 45 of the Evidence Act to send Ex. D1 Pass Book, said to have been issued by the 1st respondent in connection with the chit fund transaction and Vakalat of the 1st respondent to a handwriting expert for comparison of the Signatures, to find out if Ex. D1 contains the signature of 1 st respondent or not, to prove his contention that...

Jakkula Madhava Rao Vs. Andhra Jateeya Vidya Parishat Machilipatnam

Court: Andhra Pradesh

Reported in: I(2003)BC624

ORDERP.S. Narayana, J. 1. The unsuccessful defendant in O.S, No. 101 of 1982 on the file of the Additional Subordinate Judge, Kakinada is the appellant and the plaintiff in the said suit is the respondent. For the purpose of convenience the parties are referred to as plaintiff and defendant. The plaintiff instituted the suit for recovery of a sum of Rs. 42,336.66 on the strength of a promissory note dated 4.5.1979 for subsequent interest and for costs of the suit. The averments made in the plaint are as follows : The plain tiff institution owns an extent of about Ac. 160.00 of land covered by R.S. 77 which is popularly called Peddampa in Thallarevu village, Kakinada Taluk the defendant was a tenant of the plaintiff for the said land up to the end of Fasli 1387. His son Jakkula Venkatarao was a tenant of the above said land from 1978-79 to 1980-81 and the rent was payable by 31st March, of succeeding year i.e. by 31.3.1979, 31.3.1980 and 31.3.1981. The said Venkatarao became liable to p...

P. Prabhavathi Vs. National Insurance Co. Ltd.

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

P. Ramakrishnam Raju, President: 1. The case of the complainant, who is the wife of late Kamalakar, a practising Advocate of Narsipatnam Bar, aged about 43 years took out a Janatha Personal Accident Insurance from the opposite party for Rs. 10,00,000/- commencing from 5.12.1997 lasting for a period of 12 years. While so he accidentally slipped and fell down from the staircase of their house while he was getting down from the upstairs of his house, as a result of which he sustained chest injury and died. When the complainant made a claim for the insurance amount, the opposite party repudiated the said claim on the ground that condition Nos. 2 and 4 of the policy exclude the peril. Hence this complaint claiming a sum of Rs. 10,00,000/- with interest @ 18 per cent per annum from 15.8.2000, the date of death of the insured together with compensation of Rs. 50,000/- and costs of Rs. 10,000/- was filed. 2. We have gone through the complaint and perused the material papers carefully. Conditi...

D.J. Prasad and ors. Vs. Registrar, Sri Krishnadevaraya University and ...

Court: Andhra Pradesh

Reported in: 2002(6)ALD314

S.R. Nayak, J 1. A short question that arises for the decision in this writ appeal is whether the members of the non-teaching technical staff of Sri Krishnadevaraya University are entitled to the revised pay scales with effect from1-7-1986 as has been done by the University itself in the case of all other employees or they are entitled to the revised pay scales only with effect from 1-4-1990 as has been fixed in G.O. Ms. No. 287 (Finance and Planning) Department, dated 3-12-1991. This question arises in the following factual background: 2. The petitioners 21 in number are the non-teaching technical staff working in the 1st respondent-University. They filed writ petition No. 2116 of 1996 assailing the validity of G.O. Ms. No. 287 extending the revised pay scales to the non-teaching technical staff only with effect from 1-4-1990. In the year 1986, the State Government had Issued orders in G.O. Ms. No. 288 (Finance and Planning) Department, dated 17-11-1986, revising pay scales of its emp...