Andhra Pradesh Court March 2003 Judgments
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Priyadarshini Cements Limited Vs. A.P. Gas Power Corporation Limited
Court: Andhra Pradesh
Decided on: Mar-13-2003
Reported in: 2003(2)ALD690; 2003(3)ALT130; 2003(2)ARBLR436(AP); (2003)3CompLJ201(AP); [2003]44SCL196(AP)
J. Chelameswar, J.1. Aggrieved by the dismissal of I.A. No. 3948 of 2002 in O.P. No. 2883 of 2002 on the file of the Chief Judge, City Civil Court, Hyderabad dated 20.1.2003. The unsuccessful appellant therein preferred this appeal.2. The O.P. itself was filed under Section 9 of the Arbitration and Conciliation Act, 1996.3. Both the appellant as well as the sole respondent herein are public limited companies incorporated under the Companies Act, 1956. The registered office of each of the companies is at Hyderabad and within the territorial jurisdiction of this Court. The sole respondent was incorporated on 31.10.1998 with the main object of generating and supplying electricity by setting up power plants in India.4. For the purpose of establishing the respondent Corporation initially a Memorandum of Understanding dated 17.10.1998 was entered into between the Andhra Pradesh State Electricity Board (as it was then) on the one hand and six public limited companies. The whole idea behind in...
Nalamothu Sayi Babu Naidu Vs. Chidipothu Krishnaiah
Court: Andhra Pradesh
Decided on: Mar-13-2003
Reported in: AIR2003AP412; 2003(2)ALD700; 2003(3)ALT374
B. Prakash Rao, J.1. The unsuccessful plaintiff is the appellant herein, who seeks to assail the judgment and decree in A.S. No. 38 of 1987 dated 20-12-1990 passed by the Additional District Judge, Ongole, reversing the judgment and decree in O.S. No. 54 of 1983 dated 24-4-1987 passed by the Subordinate Judge, Kandukur dismissing the suit filed by the plaintiff for recovery of certain sums.2. Briefly narrated the averments in the plaint are that the appellant herein had filed a suit for recovery of a sum of Rs. 17,380/- being the principal on the foot of a promissory note dated 30-11-1982 executed by the respondent-defendant in favour of the appellant/plaintiff for a sum of Rs. 15,383/- repayable with interest at 12% per annum. The appellant filed the said suit on 1-10-1983 after issuing notice dated 1-6-1983 by the plaintiff and followed by a reply by the defendant on 24-6-1983. The defendant filed the written statement initially on 27-7-1984. Subsequently after taking permission by f...
C. Madhusudhan Vs. Apseb and anr.
Court: Andhra Pradesh
Decided on: Mar-13-2003
Reported in: 2003(3)ALD31; 2003(3)ALT755
ORDERR. Subhash Reddy, J.1. This Writ Petition is filed seeking Writ of Certiorari to quash the proceedings in Memo No. CE/ENQ/DM.V/ 332-01/90-14, dated 25-7-1997 passed by the second respondent, i.e., Member Secretary, AP Electricity Board (presently A.P. TRANSCO) and sought for consequential direction to grant seniority, promotion and other benefits.2. The impugned order dated 25-7-1997 was passed by the appellate authority on the appeal filed by the petitioner herein, modifying the punishment from removal to that of reduction by 30 ranks in the seniority list of Assistant Engineers (Electrical). Few necessary facts for disposal of the Writ Petition are as under:3. The second respondent has initiated departmental action against the petitioner herein, who was working as Assistant Engineer, initially appointing one Mr. S. Prabhakaran, Divisional Engineer, Technical, as Enquiry Officer to enquire into the allegations of misbehaviour and abuse of the officials and other lapses/irregulari...
Andhra Pradesh Co-operative Wool Spinning Mills Limited and anr. Vs. G ...
Court: Andhra Pradesh
Decided on: Mar-13-2003
Reported in: AIR2003AP418; 2003(3)ALD419; III(2003)BC313
J. Chelameswar, J. 1. This is anappeal filed against the judgment and decree dated 29.2.1996 in Original Suit No. 52 of 1990 on the file of the Sub-Court, Mahaboobnagar. Defendants 4 and 3 are the appellants herein respectively. The first respondent herein is the plaintiff. Respondents 2 and 3 herein are the defendants 1 and 2 in the suit. The suit is filed for the recovery of an amount of Rs. 3,96,684.42 ps., being the balance of the unpaid price of the wool supplied by the plaintiff to the first appellant herein. The further details of the suit may not be necessary in view of the submissions made by the learned Counsel for the appellants which are purely questions of law. From the above, it goes without saying that the suit was decreed.2. The basic facts are not in dispute that the first respondent has supplied some quantity of wool to the first appellant herein: towards the price of which, certainamounts admittedly were paid by the first appellant herein to the first respondent here...
Bharatiya Vignana Mandiram [Regd], by Its Secretary, Kannepati Raghara ...
Court: Andhra Pradesh
Decided on: Mar-13-2003
Reported in: 2004(1)ALD31; 2004(1)ALT555
P.S. Narayana, J. 1. The sole question raised and argued by the counsel in this Second Appeal is whether the notice contemplated under Section 685(1)(a) of the Hyderabad Municipal Corporations Act 1955 is necessary in the facts and circumstances of the case and whether the relief of permanent injunction be negatived on the ground of want of issuance of such notice. 2. The facts in brief are as follows: The appellant in the present Second Appeal/plaintiff in the suit instituted O.S. No. 96/82 on the file of Subordinate Judge, Vijayawada for the relief of permanent injunction restraining the respondent herein/defendant in the suit, its Officers and employees from disturbing the possession and enjoyment of the plaint schedule premises and in any way interfering with the plaint schedule premises i.e., the site and the building and several structures and fixtures thereon and for costs of the suit. In paragraph 4 of the plaint it was specifically pleaded that the plaintiff's vendor had been ...
Md. Hasson Vs. Presiding Officer, Labour Court-i and anr.
Court: Andhra Pradesh
Decided on: Mar-13-2003
Reported in: 2003(3)ALD545; 2003(4)ALT450
ORDERC.V. Ramulu, J.1. This Writ Petition is directed against the Award dated 4-11-1998 passed by the Labour Court-I, Hyderabad in I.D. No. 22 of 1997 confirming the order of removal passed by the 2nd respondent -Depot Manager, Andhra Pradesh State Road Transport Corporation, Mehdipatnam Depot, Hyderabad against the petitioner. 2. According to the petitioner, he was appointed as a Driver with the APSRTC in the year 1990. While so, when he was driving the bus bearing registration No. AAZ 4492 on the route 66G at 20.15 hours and proceeding to Charminar from Moazamzahi Market, at Siddiambar Bazar Mosque an accident occurred. A dead body of a lady was found lying at a distance of about 12' on the right side of the road and on seeing the same, he swerved the bus to the left and stopped it. The area Constable came there and asked him about the accident. He stated that his bus did not involve in the accident and he does not know anything about the accident. The service Conductor also stated t...
Secretary to Government of India, Ministry of Defence and anr. Vs. Ind ...
Court: Andhra Pradesh
Decided on: Mar-13-2003
Reported in: AIR2003AP329; 2003(4)ALD302
G. Bikshapathy, J.1. This LPA is directed against the judgment and decree of the learned Single Judge in CCCA No. 21 of 1996 dated 21-8-1998 confirming the judgment and decree dated 29-11-1993 in OS No. 276 of 1988 on the file of III Additional Judge, City Civil Court, Hyderabad.2. Briefly stated the following are facts of the case : The suit was filed by the plaintiffs seeking declaration of title in respect of land in Sy.No. 234 in Tokatta Village, Boinpally Mandal, Secunderabad, admeasuring Ac.2-33 guntas and for perpetual injunction restraining the defendants from interfering with the possession and enjoyment of the same.3. As per the averments in the plaint, it is the case of plaintiffs that one B.V. Prakash Reddy was the owner and pattedar of the agricultural lands in Sy.No. 234 admeasuring Ac.2-33 guntas in Tokatta Village, Boinpally Mandal. The said Prakash Reddy died in the year 1982 leaving behind the first plaintiff - wife and second plaintiff - daughter of the said Prakash ...
Employees' State Insurance Corporation Vs. Ramalingeswara Pulvarising ...
Court: Andhra Pradesh
Decided on: Mar-13-2003
Reported in: 2003(1)ALD(Cri)817; (2003)IIILLJ363AP
Narasimha Reddy, J. 1. In all these cases the facts are the same and the question of law is identical. Hence, they are disposed of through a common order. The Employees' State Insurance Corporation is the petitioner. The respondents are industrial establishments (for short 'the respondents'). They are under obligation to make contributions for the Employees' State Insurance Fund constituted under the Employees' State Insurance Act, 1948 (hereinafter referred to as 'the Act'). For the default committed by them in making the contributions to the fund, the petitioner had initiated prosecution under Section 85 of the Act and the Rules and Regulations made thereunder, before the Court of Judicial Magistrate of First Class to try offences under ESI and Chairman, Industrial Tribunal-1, Hyderabad. The trial Court, through its various Orders in the respective cases found the respondents guilty of the offence, and imposed the sentence of fine. The petitioner filed these applications seeking leav...
Krutti Venkata Appa Rao Vs. Kaki Uma Shankara Rao and anr.
Court: Andhra Pradesh
Decided on: Mar-13-2003
Reported in: 2003(1)ALD(Cri)822; III(2003)BC326; 2004CriLJ1126
ORDERL. Narasimha Reddy, J.1. This revision is filed against the order of the Court of Judicial Magistrate of First Class; Special Mobile Court, West Godavari District at Eluru in C.C.N. 129 of 2002, dated 25.11.2002, insofar as it has not granted any compensation or has not imposed the punishment of imprisonment. The petitioner is the complainant before the Trial Court.2. When the matter came up for admission on 4.2.2003, this Court ordered Notice before admission. Notice was sent by the Court to the same address of the respondent that was furnished by the petitioner herein in the Trial Court. It was returned with an endorsement 'Addressee left without instructions. Whereabouts not known. Returned to sender.' The petitioner has also sent two notices, one was on 7.2.2003 and the other was on 25.2.2003. Both the notices were returned with the same endorsements. The petitioner has filed an affidavit stating that even as on today the respondent is residing in the same premises, to which n...
The Public Prosecutor, High Court of Andhra Pradesh Vs. P. Subhash Cha ...
Court: Andhra Pradesh
Decided on: Mar-13-2003
Reported in: 2003CriLJ4776
ORDERL. Narasimha Reddy, J.1. This appeal is preferred against the judgment of the Special Judge for CBI cases, City Civil Court, Hyderabad in C.C. No. 11 of 1994, dated 29-4-195. The respondent (accused) was tried for offences under Sections 409 and 477-A, I.P.C. and Section 13(2) read with Section 13(1)(c) and (d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the Act'). The trial Court discharged the accused on the sole ground that there was no valid sanction to prosecute him.2. The case of the prosecution was that the accused was working as Accountant in the State Bank of Mysore at Kalasiguda Branch of Secunderabad, between November, 1987 and March, 1992. He was incharge of the Accounts Department and Cash Section of the Bank. It is alleged that, taking advantage of his official position, the accused had obtained amounts from various savings bank account holders of the branch towards hand loans, promising that he would remit the borrowed amounts into the res...
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