Andhra Pradesh Court January 2003 Judgments
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T. Subbanna Vs. the State of A.P., Rep. by the Public Prosecutor
Court: Andhra Pradesh
Decided on: Jan-06-2003
Reported in: 2003(1)ALD(Cri)805; 2003(2)ALT(Cri)190; 2003CriLJ2150
ORDERDalava Subrahmanyam, J.1. The revision petitioner/accused filed this revision against the judgment of conviction and sentence passed in C.C. No. 1180 of 1996, D/- 30-12-1997 by the Special Judicial First Class Magistrate for Prohibition and Excise offences, Proddatur, which was confirmed in Criminal Appeal No. 14 of 1998 by the I Additional Sessions Judge, Cuddapah.2. The brief facts of the case are as follows :On 17-5-1993, at about 5.00 p.m., the Excise Sub-Inspector, Mydukur, along with the District Squad Officials and Panchayatdars proceeded to Venkatapuram Village and found the accused in possession of and concealing five card board boxes with paddy hay in the hayrick yard by side of the house bearing No. 21/71 and concealed 48 nips of Roman Eagle Whisky. The contraband was seized consisting of 5 cardboard boxes containing each 48 nips of Spurious Indian Liquor. The samples were drawn in the presence of Panchayatdars. After investigation, charge sheet was laid against the acc...
C.M. Ramanatha Reddy Vs. Govt. of India and ors.
Court: Andhra Pradesh
Decided on: Jan-06-2003
Reported in: 2003(1)ALT352
ORDERD.S.R. Varma, J.1. This writ petition is filed for a Writ of Mandamus to declare the action of the respondents in passing the final order No. 100/98, dated 9-9-1998 in Revision Application No. 3(8)/95/RC-I/RC-II of the Government of India, Ministry of Steel and Mines, Department of Mines, as illegal and arbitrary and further to direct the 2nd respondent-Government to renew the subleases granted to the petitioner for another period of 20 years from 19-2-1995.2. The brief facts of the case for better appreciation are that the Government of Andhra Pradesh is the lessor of the lands for mining operations. 5th respondent - A.P. Mineral Development Corporation Ltd., is the lessee. It is not in dispute that the 5th respondent as a lessee is permitted to sublease to outsiders for mining operation. In that process, the petitioner along with some others was granted sublease for different areas for quarrying of barytes ore. The lease period was up to 18-2-1995. While so, Government issued G....
Jampala Sailu Vs. Commissioner Endowments Department and ors.
Court: Andhra Pradesh
Decided on: Jan-05-2003
Reported in: 2004(1)ALD754
ORDERV.V.S. Rao, J.1. A short question as to interpretation of Rule 10 read with Rule 12 of A.P. Charitable and Hindu Religious and Institutions and Endowments Immoveable and Other Rights (other than Agricultural Lands) Leases and Licenses Rules, 2003 arises for consideration in this writ petition.2. The petitioner is a barber. It appears, during Sankranthi Festival a large number of devotees visit Sri Mallikarjunaswamy Devasthanam in Inavolu Village and get the head tonsured. The petitioner claims to be one of the barbers attending to the same. In 1999-2000 it was decided to auction the right to collect the hair obtained by tonsuring the heads. The remuneration for barbers were fixed from out of the sale proceeds of tickets for tonsuring. The petitioner participated in the auction and offered to pay Rs. 11,300/- (Rupees Eleven thousand three hundred only). Auction was conducted on 27.12.2000 when the petitioner became highest bidder quoting Rs. 40,200/-(Rupees forty thousand two hundr...
Dasu Subba Lakshmi Vs. Indian Bank and ors.
Court: Andhra Pradesh
Decided on: Jan-03-2003
Reported in: 2003(2)ALD315; [2003(97)FLR474]; (2003)IILLJ459AP
ORDERL. Narasimha Reddy, J.1. The petitioner joined the 1st respondent-Bank as Probationery Officer on 25.4.1977. Ever since then she has been serving the bank at various places in one capacity or the other. The bank had introduced the Indian Bank Employees (Pension) Regulations, 1995 (hereinafter referred to as the 'Pension Regulations') and the Pension Regulations came to be adopted by the bank under Section 19(1) of the Banking Companies Act, 1970 after having been accorded approval by the Reserve Bank of India and the Central Government.2. The Pension Regulations provide for exercising of option by the employees for the Pension Scheme. Such options were to be exercised by submitting application/ declaration in Annexure - B on or before 26.1.1996. On such option being exercised, the Provident Fund Account of the employee stands transferred to the Pension Fund and the employee will become eligible to be paid pension on retirement. The Rules also contemplated voluntary retirement by s...
Sankara's College of Education Vs. G. Satyanarayana and Ors.
Court: Andhra Pradesh
Decided on: Jan-03-2003
Reported in: 2003(2)ALD888; 2003(3)ALT205
ORDERL. Narasimha Reddy, J. 1. The petitioner is a College of Education, affiliated to Sri Krishna Devaraya University, Anantapur (for short'the University'). It had a sanctioned strength of 160 seats. Through proceedings dated 9-1-2001, the University had reduced the intake from 160 to 140. The petitioner filed W.P. No. 703 of 2002 challenging the said proceedings. One of the main contentions in the writ petition was that the order dated 9-10-2002 was passed without any notice. In the counter-affidavit filed by the University in the writ petition, this aspect was not disputed. Taking the same into account, this Court passed an order dated 22-4-2002 in WPMP. No. 790 of 2002 in the said WP, suspending the operation of the order dated 9-1-2001. The petitioner filed this contempt case alleging that despite the orders of this Court, students were not allotted against the 20 seats. 2. When the contempt case came up for admission, it was urged that the copy of the order of this Court was ser...
Md. Rajmohammad Vs. Industrial Tribunal-cum-labour Court and anr.
Court: Andhra Pradesh
Decided on: Jan-03-2003
Reported in: 2003(2)ALT661; (2003)IILLJ1149AP
ORDERC.V. Ramulu, J.1. This writ petition is directed against an award passed by the Industrial Tribunal-cum-Labour Court at Warangal in I.D. No. C2/96, dated January 22, 1999 dismissing the application filed by the workman under Section 2A(2) of Industrial Disputes Act complaining that his services were terminated by the respondents without following the procedure as required under Section 25F of the Industrial Disputes Act.2. The case of the petitioner is that he was appointed as a Tabulator on a consolidated pay of Rs. 280.00 per month vide proceedings S1/RDD/80/1, dated April 24, 1981 and worked continuously at the office of the Regional Joint Director of Census, Khammam from April 24, 1981 to February 27, 1982. The Regional Joint Director, Census used to maintain Payment Register, Attendance Register and worked under the respondent continuously for a period of 240 days. All of a sudden the Regional Joint Director, Census Operations, Khammam Region prevented him from attending to d...
Yerramalla Laxman Vs. Govt. of A.P., Municipal Administration and ors.
Court: Andhra Pradesh
Decided on: Jan-03-2003
Reported in: 2003(3)ALT324
ORDERB. Prakash Rao, J.1. Heard both sides.2. This writ petition is filed to issue a Writ of Mandamus declaring the notice dated 23-9-2002 of the 2nd respondent proposing to conduct a meeting of the Municipal Council, Jangaon, Warangal District on 8-10-2002 as against the provisions of the A.P. Municipalities Act, 1965, as illegal and arbitrary and consequently direct the respondents not to conduct the meeting of Municipal Council, Jangaon scheduled to be held on 8-10-2002 or any other date basing on the notice dated 23-9-2002.3. The only short ground urged in this writ petition is that the impugned notice dated 23-9-2002 of the 2nd respondent for moving the 'no confidence motion is not in accordance with the provisions as required under Section 46 (3) of the Act. Admittedly, the notice dated 23-9-2002 was served on the petitioner only on 24-9-2002 fixing the date of 'no confidence motion' on 8-10-2002 by which date the required period of 15 days will not complete. In the circumstances...
Principal Secretary to Government of A.P., Transport, Roads and Buildi ...
Court: Andhra Pradesh
Decided on: Jan-02-2003
Reported in: 2003(1)ALD679; 2004(2)ALT652
ORDERV.V.S. Rao, J.1. The Principal Secretary to the Government of Andhra Pradesh and two others assail the order of the Senior Civil Judge, Cuddapah, dated 28-2-2000 inArbitration Application No. 1 of 1998 in this writ petition filed under Article 226 of the Constitution of India. By the impugned order, the learned Senior Civil Judge, as nominee of the Chief Justice of the High Court of Andhra Pradesh, as per the Scheme framed and published in Andhra Pradesh Gazette Part II (Extraordinary), dated 24-7-1996, appointed a retired District Judge as sole arbitrator for the interpretation of the agreement conditions and resolving the disputes raised by the first respondent herein.2. The first respondent was entrusted with the work of construction of high-level bridge across the river Araniar and an agreement was entered into on 21-7-1993. The first respondent was asked to commence the work immediately on 21-7-1993, but he did not commence the work and, therefore, the contract was terminated...
Maturi Sandesh Vs. Challa Venkateswara Rao
Court: Andhra Pradesh
Decided on: Jan-02-2003
Reported in: 2003(4)ALT87; III(2003)BC289; [2003]115CompCas66(AP)
Dubagunta Subrahmanyam, J.1. The defendant in O.S. No. 66 of 1997 on the file of Junior Civil Judge, Khammam, preferred this appeal against the judgment and decree dated 11.11.1998 in A.S. No. 34 of 1998 on the file of Additional District Judge at Khammam confirming the judgment and decree passed in O.S. No. 66 of 1997 dated 20.4.1998.2. The respondent - plaintiff filed the suit for recovery of money based on two pro-notes dated 7.7.1993 executed by the appellant in his favour. The pro-notes are marked as Exs.A.1 and A.2 before the trial court. The consideration for each pro-note is Rs.35,000=00. It is the further case of the respondent - plaintiff that on the date of the pro-note itself, the appellant paid a sum of Rs.875=00 under Ex.A.1 pro-note and defendant paid Rs.25,000=00 each on 28.7.1994 under each of the pro-notes Exs.A.1 and A.2. The defendant contested the suit on various grounds. According to him the debt under pro-notes was incurred prior to 1993. It is also his case that...
Midicharla Ramanamma and ors. Vs. V. Naga Prathap and anr.
Court: Andhra Pradesh
Decided on: Jan-02-2003
Reported in: II(2003)ACC493; 2005ACJ397; 2003(1)ALT630; (2003)ILLJ751AP
ORDERP.S. Narayana, J.1. The appellants had preferred the present Civil Miscellaneous Appeal against the order passed in W.C. No. 89 of 1998 dated 27-3-2002 on the file of the Commissioner for Workmen's Compensation, Kurnool aggrieved by the facts that the interest of 12% per annum was not awarded from the date of accident till the date of realisation even though the amount was deposited in 30 days. The factual aspects need not be gone into elaborately since the facts are not in dispute and the operative portion of the order in W.C. No. 89 of 1998 reads as follows:'The opposite parries 1 and 2 are directed to deposit the total amount of Rs. 2,13,570/-(Two lakhs thirteen thousand and five hundred and seventy rupees only) by way of demand draft drawn on State Bank of India, Kurnool in favour of the Commissioner for Workmen's Compensation, Kurnool within thirty days from the date of receipt of this order.If they fail to deposit the awarded amount within 30 days from the date of receipt of...
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