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Andhra Pradesh Court April 2003 Judgments

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Apr 15 2003

indira Alluru Vs. Convenor, Edcet, 2002 Delta Studies Institute Andhra ...

Court: Andhra Pradesh

Decided on: Apr-15-2003

Reported in: 2003(4)ALT460

ORDERV.V.S. Rao, J.1. The petitioner appeared for Educational Common Entrance Test 2002 (EdCET-2002), She got 1108 rank, and she was admitted to B.Ed., in Yarra Krishna Murthy College of Education, Maripivalasa, Sitanagaram Mandal. Vizianagaram District. She paid requisite fee, submitted her original certificates and joined B.Ed, course.2. Andhra Pradesh State Council for Higher Education (APSCHE) issued notification in the newspapers informing all the concerned that National Council for Teacher Education (NCTE) has sanctioned some new B.Ed., Colleges for the academic year 2002-2003, that the Government have decided to fill up seats in the new colleges and applications were invited. A rider was added in the Notification in bold letters to the effect that candidates who have already taken admission in any one of the existing colleges are not eligible for admission into the newly sanctioned B.Ed., colleges. The petitioner who believes that she would get a better seat in one of the new co...


Apr 15 2003

Cotton Corporation of India Ltd. Vs. Telangana Spinning and Weaving Mi ...

Court: Andhra Pradesh

Decided on: Apr-15-2003

Reported in: 2005(2)ALD406; [2006]133CompCas848(AP); [2005]61SCL219(AP)

A. Gopal Reddy, J.1. The first respondent/writ petitioner-Company filed an application under Section 15 of the Sick Industrial Companies (Special Provisions) Act, 1993 (for short 'SICA') for its rehabilitation before the Board constituted under the SICA, namely, Board for Industrial and Financial Reconstruction (BIFR) and the said application was registered as 93/93 dated 7-12-1993. On such registration, BIFR after due enquiry, appointed Industrial Finance Corporation of India (IFCI) as the operating agency on 7-3-1994 for preparation of the scheme for rehabilitation of the first respondent-Company. Due to the loss sustained by the appellant-company to a tune of Rs. 30,99,009 - 40 for not lifting 800 cotton bales in time by the first respondent under sale contract, it invoked the arbitration clause by appointing the second respondent as sole Arbitrator. Questioning the said appointment, the first respondent-company moved this Court by filing WP.No. 8925/1994 contending that once the co...


Apr 10 2003

Krishna Dutt Rathod Vs. Registrar, Jntu and anr.

Court: Andhra Pradesh

Decided on: Apr-10-2003

Reported in: 2003(6)ALD9

ORDERV.V.S. Rao, J.1. The petitioner joined First Year B.Tech (E.E.E.) Course in the 2nd respondent - College in September, 2002. He attended the classes till January 2003. During Sankranti vacation, he went to his native place where it appears that he suffered with Jaundice and he took treatment till the end of March 2003. By reason of this, he could not attend to classes as required. Therefore, he did not put in the required percentage of attendance. On 30-3-2003, he approached the second respondent for payment of examination fee but the same was refused. He was informed by the 2nd respondent that due to shortage of attendance he cannot be permitted to attend the final examination of First Year B. Tech., Course scheduled to commence on 21.4.2003. Therefore, he filed the present writ petition for a writ of mandamus directing the second respondent to accept the examination fee and to permit him to appear for the final examination of First Year B. Tech. (E.E.E.) Course.2. Regulation 5 o...


Apr 10 2003

Sushila Thomas Vs. H.M.T. Welfare and Cultural Organisation and ors.

Court: Andhra Pradesh

Decided on: Apr-10-2003

Reported in: 2003(3)ALD574; 2003(4)ALT432

ORDERC.V. Ramulu, J.1. This writ petition is filed seeking a Mandamus directing the respondents to pay gratuity and other terminal benefits with interest at 24% per annum from the date of retirement of the petitioner.2. According to the petitioner, she worked in the 2nd respondent-School from 8-10-1973 to 27-3-1994. At the time of her appointment, the Management had undertaken to extend her all the benefits available under the State Government Rules. The 2nd respondent-school is managed and run by the 3rd respondent, which is a public sector undertaking. The entire expenditure of the school is borne by the 3rd respondent alone. She retired on attaining age of superannuation on 27-3-1994. She was paid all the terminal benefits on her retirement, but not gratuity. According to her, the teachers working in the Government schools and all the recognised schools are entitled for gratuity. She made representation to the Management requesting them to pay the gratuity. However, all her efforts ...


Apr 10 2003

M.V. Ramana Rao Vs. Apsrtc and ors.

Court: Andhra Pradesh

Decided on: Apr-10-2003

Reported in: 2003(3)ALD550; 2003(4)ALT150

ORDERR. Subhash Reddy, J.1. The petitioner, a driver of 'A.1'-Category in the first respondent-Corporation, whose services are dispensed with on medical grounds, has filed this Writ Petition for Writ of Mandamus, to issue appropriate directions to the respondents to give him any alternate suitable post, seeking assistance under the provisions of the Persons With Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act, 1995.2. Necessary facts for disposal of the Writ Petition are as under: The writ petitioner was appointed as driver in A.1 -Category and posted to Podili Depot of Prakasam District It is his case that during the tenure of his employment, he suffered disease called 'Tinnitus', which resulted hearing impairment. As such, he is unfit to work as driver and the same is certified to that effect by the very authorities of the State Road Transport Corporation. As such, he made a representation requesting for providing of any desk job, which is equivale...


Apr 10 2003

K. Satyanarayana Murthty (Died) by Lrs Vs. Andhra Pradesh State Electr ...

Court: Andhra Pradesh

Decided on: Apr-10-2003

Reported in: 2003(4)ALD90; 2003(4)ALT282

ORDERC.V. Ramulu, J.1. This Writ Petition is filed for issuance of a Mandamus declaring the Proceedings of the 1st respondent in Memo No. DP/DM.V/161-Q2/90-5, dated 26-12-1994 and the Memo No. Persl/CF.749-85/909/89, dated 7-9-1989 of the 2nd respondent as arbitrary, illegal and without jurisdiction and for a consequential direction to the respondents to reinstate the petitioner into service with full back wages and all other attendant benefits with effect from 7-9-1989 and also to direct the respondents to pay the wages to the petitioner from 22-6-1985 to 7-9-1989 with attendant benefits.2. At the outset it is noticed, that the petitioner K. Satyanarayana Murthy passed away during the pendency of the Writ Petition and as such, petitioners 2 and 3 were brought on record as legal representatives as per the Court Order dated 19-2-1998.3. According to the petitioner, he joined the services of the erstwhile Andhra Pradesh State Electricity Board (for short 'the Board') initially as Switch ...


Apr 10 2003

Ajai Kumar Roy Vs. the Union of India (Uoi) and ors.

Court: Andhra Pradesh

Decided on: Apr-10-2003

Reported in: 2003CriLJ3999

G. Yethirajulu, J.1. This is a writ of Habeas Corpus filed by the alleged detenu by name Ajai Kumar Roy seeking to declare that his detention by the 3rd respondent with effect from 1400 hours of 16-11-2002 without communicating the grounds of arrest as unjust, unlawful and ultra vires and consequently to direct the respondents to cause his production before the Court and to set him at liberty.2. The father of the detenu filed an affidavit in support of the writ petition contending that the detenu while working as a Non-Commissioned Officer of the Indian Army serving under the 3rd respondent was taken into illegal military custody without there being any legitimate ground for such arrest and without communicating to him or his wife the grounds of such arrest on 16-11-2002 at about 1400 hours while he was about to leave for lunch after duty. Neither he nor his wife were informed of the grounds of arrest at the time of arrest or at any time subsequently till the date of filing the writ pe...


Apr 09 2003

C. Shekar Reddy Vs. C.S.R. Estates Flat Owners Welfare Association and ...

Court: Andhra Pradesh

Decided on: Apr-09-2003

Reported in: AIR2003AP491; 2003(3)ALD553; 2003(3)ALT413

C.V. Ramulu, J. 1. This Writ Appeal is directed against an Order of the learned Single Judge of this Court allowing Writ Petition No. 6211 of 1998, dated 2-11-1998 and quashing the Proceedings No. 696/P4/H/ 94, dated 2-1-1998 issued by the Hyderabad Urban Development Authority permitting substantial changes in the original sanctioned plan dated 19-7-1991 relating to C.S.R. Estates, Kothapet, Ranga Reddy District,2. For the sake of convenience, the parties are hereinafter referred to as arrayed in the Writ Petition.3. The writ petitioner - C.S.R. Estates Flat Owners Welfare Association, Kothapet, Ranga Reddy district, represented by its President G. Jagannadha Rao - filed the Writ Petition challenging the Proceedings No. 696/ P4/H/94, dated 2-1998 issued by the Hyderabad Urban Development Authority (HUDA) permitting certain modifications and alterations in the original sanctioned plan dated 19-7-1991 in favour of the 3rd respondent (appellant-builder). It is stated by the petitioner tha...


Apr 09 2003

Penkey Suryakantham Vs. Shaik Sillar

Court: Andhra Pradesh

Decided on: Apr-09-2003

Reported in: 2003(4)ALD61

ORDER1. This Civil Revision Petition is directed against the order dated 8-2-2000 passed in O.S. No. 313 of 1998 on the file of Principal Junior Civil Judge, Ramachandrapuram, whereby the learned Junior Civil Judge sustained the objection raised by the respondent/defendant in respect of the disputed document dated 19-11-1993 and endorsement thereon dated 25-9-1995 and held that the document can be admitted in evidence on payment of deficit stamp duty and penalty and that the disputed document is sale and it comes within the purview of explanation (1) of Article 47-A Indian Stamp Act. 2. The facts of the case in brief giving raise to filing of this Civil Revision Petition by the plaintiff are as follows: The respondent/defendant is the owner of the suit schedule land. The plaintiff filed O.S. No. 313/98 alleging that the respondent/defendant executed agreement of sale dated 19-11-1993 agreeing to sell the suit land for Rs. 36,400/- and received Rs. 29,400/- as advance sale consideration...


Apr 09 2003

Pennar Paterson Ltd. Vs. L.P. Ploymers Limited and ors.

Court: Andhra Pradesh

Decided on: Apr-09-2003

Reported in: 2003(4)ALD595; [2005]128CompCas852(AP); [2003]46SCL178(AP)

ORDERT.Ch. Surya Rao, J.1. The Official Liquidator representing M/s. Pennar Paterson Limited, the Company in provisional liquidation, filed this application under Section 446(2)(b) of the Companies Act, 1956 for a direction to the respondents to pay a sum of Rs. 20,88,841/- with interest at 18% p.a. from 24.11.1999 till the date of payment.2. The facts briefly narrated are as follows:3. By an order dated 24.11.1999 in C.P. No. 131 of 1999, the Official Liquidator attached to the Court was appointed as a Provisional Liquidator of M/s. Pennar Paterson Limited and the Court further directed the Official Liquidator to recover the amounts from various parties to whom M/s. Pennar Paterson Limited had lent the moneys.4. On verification of books of account, the Official Liquidator found that the first respondent herein under HPC No. 3350 entered into between him and the company in provisional liquidation had obtained loan for a sum of Rs. 16,59,960/- for the purpose of purchasing plant and mac...


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