Andhra Pradesh Court August 2003 Judgments
Chief Engineer, N.S. Project and ors. Vs. Telugunadu Work Charged Empl ...
Court: Andhra Pradesh
Decided on: Aug-29-2003
Reported in: 2003(5)ALD733; 2004(4)ALT515
ORDERC.V. Ramulu, J.1. This writ petition is filed, aggrieved by the Award passed by the Labour Court-Hi, Hyderabad in I.D. No. 349 of 1993, dated 1-9-1993, by the Management-Chief Engineer, Nagarjuna Sagar Project and others.2. This case has a chequered history. It may be necessary to notice certain facts which resulted, the case, landing in the Labour Court. About 338 workmen of Telugu Ganga Project fifed Writ Petition (Civil) No. 657 of 1987 before the Supreme Court of India. Similarly placed persons working under the said project also approached the Apex Court directly and filed Writ Petition No. 793 of 1987 and batch, which were disposed of on 25-8-1987 with the following order:'Dr. Chitala, learned Counsel for State of A.P., has drawn our attention to paragraph-5 of the common counter-affidavit filed in all these cases sworn to by Sri B.Rameshwara Rao, E.E., SLBC Division No. 5, G.V. Gudem in the Department of Irrigation and GAD, Government of A.P. on behalf of the respondent in ...
Tag this Judgment!Cherukuri Satyavathi (Died) and anr. Vs. Velaga Kamala and ors.
Court: Andhra Pradesh
Decided on: Aug-29-2003
Reported in: 2003(6)ALD90
Dubagunta Subrahmanyam, J. 1. This petition is filed under Order 22 Rule 3, Order 1 Rule 9 and Section 151 CPC, requesting the Court to implead the second petitioner as the legal representative of the deceased - sole appellant in the appeal. 2. First respondent in this application filed the suit in O.S. No. 226 of 1987 for partition of plaint schedule properties into four equal shares by metes and bounds according to good and bad qualities and for separate possession of one such share to her, The suit property was the estate of the husband of the sole appellant and grand father of Respondents 1 and 2 herein. Third respondent was impleaded later in the suit alleging that he is the adopted son of the sole appellant Satyavathi. She denied having adopted the 3rd respondent. The Trial Court decreed the suit granting 1/4th share each to the plaintiff and the second defendant and the remaining half share to the first defendant in the suit. Aggrieved by the said preliminary decree for partitio...
Tag this Judgment!C. Kishan Rao Vs. Secretary to Government, Panchayat Raj and Rural Dev ...
Court: Andhra Pradesh
Decided on: Aug-29-2003
Reported in: 2003(6)ALD346
G. Bikshapathy, J.1. A very interesting issue arises in this case.The petitioner was initially appointed as LDC on 3-12-1981 and later he was promoted to higher posts. However, the ACB had laid a trap on the petitioner on 24-10-1990 when he was working as Mandal Development Officer. Consequently he was placed under suspension on 21-11-1990. The said order of suspension was revoked on 19-6-1991. The ACB filed the charge-sheet before the Trial Court on 2-11-1992. Consequently, on the filing of the charge-sheet, he was once again placed under suspension on 15-2-1993, but, however, the said suspension was revoked by proceedings No. 21368/12/90, dated ...6-1993 and he was again reinstated into service in June, 1993.The Criminal Court convicted the petitioner and sentenced him to suffer two years of rigorous imprisonment, by its Judgment dated 11-9-1995, and against the said judgment the petitioner filed an appeal before this Court. But, in the meanwhile, he was retired from service on 31-7-...
Tag this Judgment!Chinthala Venkateswarlu Vs. District Panchayat Officer and anr.
Court: Andhra Pradesh
Decided on: Aug-29-2003
Reported in: 2003(6)ALD785
ORDERL. Narasimha Reddy, J.1. The petitioner has been elected as Sarpanch of Mathukumalli Gram Panchayat, Savalyapuram Mandal, Guntur District. He has been issued a notice dated 31-12-2002 directing him to show-cause as to why he should not be treated as having incurred disqualification on account of his failure to remit the amounts to a tune of Rs. 38,148/-, which amount was found to have been misappropriated by him in his previous tenure as Sarpanch. He has submitted an explanation, disputing the same. Taking the same into account, the District Panchayat Officer had issued proceedings dated 7-8-2003 intimating the petitioner that he has incurred disqualification under Section 19(2)(1) read with Section 14 of A.P. Panchayat Raj Act, 1994 (for short 'the Act')- The petitioner challenges the same.2. Learned Counsel for petitioner Mr. Manohar Reddy submits that the District Panchayat Officer/first respondent is not conferred with the power to adjudicate the matter, and once the petitione...
Tag this Judgment!The Public Prosecutor, High Court of A.P. Vs. Nese Jilakara Sreeramulu
Court: Andhra Pradesh
Decided on: Aug-29-2003
Reported in: 2004(1)ALD(Cri)519; 2004(2)ALT504; 2004CriLJ1629
K.C. Bhanu, J.1. A Division Bench of this Court has made this Reference for consideration, by a Full Bench of this Court, of the question as to whether the law laid down by a Division Bench of this Court in Ayyala Rambabu v. State of Andhra Pradesh, 1993 (1) Andh LT (Cri) 73 and by a learned single Judge of this Court in Nunna Venkateswarlu v. State of A. P., 1996 Cri LJ 108 is good law.2. We have heard the learned Public Prosecutor as well as the learned counsel appearing for the respondent.3. Before proceeding further, it is necessary to extract the relevant provisions of the Dowry Prohibition Act, 1961. (for short, 'the Act') for a clear understanding of the question under Reference.Section 2 -- Definition of 'dowry'. In this Act, 'dowry' means any property or valuable security given or agreed to be given either directly or indirectly --(a) by one party to a marriage to the other party to the marriage; or(b) by the parents of either party to a marriage or by any other person, to eit...
Tag this Judgment!A. Yesubabu Vs. D. Appala Swamy and anr.
Court: Andhra Pradesh
Decided on: Aug-29-2003
Reported in: 2003(2)ALD(Cri)707; III(2004)BC48
K.C. Bhanu, J.1. This revision is directed against the judgment in Criminal Appeal No.154 of 1997 dated 7.8.1998 on the file of the IV Additional Sessions Judge, Hyderabadunder which the learned Sessions Judge confirmed the conviction, and sentence of sixmonths R.I. and fine of Rs. 5,000/- imposed against the appellant-accused for the offenceunder Section 138 of the Negotiable instruments Act by the learned XV MetropolitanMagistrate, Hyderabad in C.C. No. 558 of 1994 dated 12.3.1997.2. The brief facts that are necessary for disposal of the present revision may briefly be stated as under. On 11.7.1987, the appellant-accused received an amount of Rs. 22,000/-from the complainant with a promise that he would get a plot for the complainant. Thereafter, the appellant-accused neither gave the plot as promised by him nor returned the amount of Rs. 22,000/- to the complainant. Subsequently, on several demands made by the complainant, the appellant-accused issued a cheque dated 25.8.1994 for Rs...
Tag this Judgment!Priya Adilakshmi Vs. Priya Venkatamma and anr.
Court: Andhra Pradesh
Decided on: Aug-29-2003
Reported in: 2004(1)ALT784
C.Y. Somayajulu, J.1. Plaintiff in O.S. No. 65 of 1982 on the file of the Court of District Munsif, Ichapuram is the appellant in this second appeal. She filed the suit for declaration of her title to Ac.1.50 cents out of Ac.4.49 cents in Kapaskuddi village, within the boundaries mentioned in the schedule appended to the plaint, hereinafter referred to as the 'suit property', and for recovery of possession thereof from the respondents, alleging that she became entitled to the suit property by virtue of Ex.A-1 settlement deed dated 3-11-1980 executed by her husband Krishna Rao in her favour and that the respondents highhandedly dispossessed her from the suit property on the ground that her husband Krishna Rao executed Ex.B-2 settlement deed dated 9-9-1981 in favour of her father-in-law, and on the death of her father-in-law they became entitled to the suit property by virtue of Ex.B-5 Will dated 19-4-1982 executed by her father-in-law and since Ex.A-1 was accepted by her Ex.B-2 and Ex.B...
Tag this Judgment!A.P.S.R.T.C. and anr. Vs. P. Balatripura Sundari
Court: Andhra Pradesh
Decided on: Aug-29-2003
Reported in: 2003(6)ALT237
B. Sudershan Reddy, J.1. This writ appeal has been preferred against the order dated 16-11-1999 made in Rev. W.P.M.P. No. 29443 of 1999 in W.P.No. 11724 of 1999 by a learned single Judge of this Court dismissing the review petition filed by the appellants herein. The learned Judge refused to review the order dated 30-9-1999 made in W.P.No. 11724 of 1999.2. The learned Judge while disposing of the said writ petition directed the appellant-Corporation to consider the case of the respondent-writ petitioner either as a Clerk or at least as Sweeper or Attender or in any other suitable post duly taking into consideration her education qualifications. The issue relates to appointment on compassionate grounds.3. The learned Judge while disposing of the said writ petition however, deleted that portion of the order wherein directions have been issued to the appellant-Corporation to appoint the writ petitioner as Sweeper or Attender and accordingly confined the directions only to consider the cas...
Tag this Judgment!M. Jyothi Raju Vs. Managing Director, National Co-operative Consumer F ...
Court: Andhra Pradesh
Decided on: Aug-29-2003
Reported in: 2004(1)ALT159
ORDERC.V. Ramulu, J.1. This Writ Petition is filed for issuance of a Mandamus declaring the action of the 1st respondent in terminating the services of the petitioner as illegal and improper and consequently to direct the respondents to reinstate the petitioner into the post of Upper Division Clerk in the National Co-operative Consumer Federation of India Limited (for short 'NCCF').2. According to the petitioner, he was appointed as a Lower Division Clerk (LDC) in the 1st respondent-organization in the year 1979 and subsequently, he was promoted as Upper Division Clerk (UDC) in the year 1982. In the year 1981, he was posted in the Hyderabad Branch and in 1985 he was given the Incharge of Confiscated Goods Godowns. The nature of work attended to by him was sale of goods and maintenance of stock. He maintained the section from 1985 to 1988. On 30-6-1988 he was posted to another Section and in his place one Veer Singh was posted. At the time of handing over charge, he prepared stock lists...
Tag this Judgment!Amjadullah Khan Vs. Government of A.P., Municipal Administration and U ...
Court: Andhra Pradesh
Decided on: Aug-28-2003
Reported in: 2003(6)ALD204
ORDERV.V.S. Rao, J.1. The petitioner is a Corporator of Municipal Corporation of Hyderabad (MCH). He was elected in the elections held for the Corporation in January 2001 from Chenchalguda Ward. He is before this Court challenging the order passed by the respondent being G.O. Ms. No. 385, Municipal Administration and Urban Development (Elec.II) Department, dated 7-8-2003 purporting to be under Section 679AA of the Hyderabad Municipal Corporation Act, 1955 ('the Act'). By the impugned order, the petitioner has been suspended by the Government.2. The case of the petitioner is as follows: After the onset of monsoon, due to failure on the part of the Municipal Corporation, an epidemic of viral disease broke out. In this ward, no steps were taken to avert and abort the spread of epidemic. On 13-7-2003, Master Sohail, a boy fell sick due to viral fever and ultimately he died in Princess Durru Shehvar Children Hospital on 13-7-2003. This caused consternation to the people of the locality. The...
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