Andhra Pradesh Court August 2003 Judgments
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K. Padma Reddy Vs. Station House Officer and ors.
Court: Andhra Pradesh
Decided on: Aug-04-2003
Reported in: 2003(5)ALD345; 2003(2)ALD(Cri)421; 2004CriLJ503
ORDERL. Narasimha Reddy, J.1. The petitioner claims to be the President of the Community Development Society (C.D.S.) of Bellampalli Municipality, Adilabad District, established in the year 1998, as part of a Central Government sponsored Scheme. It is her case that a meeting of the Selection Committee comprising of the Chair-person of the Municipality, Commissioner of Municipality, Mandal Revenue Officer, Mandal Vocation Officer and the petitioner has taken place on 21-12-2002 for selection of certain Groups for implementation of the Mid-day Meal scheme. The petitioner contends that at the time when the list of selected groups was about to be typed, the 3rd respondent entered the Chambers of the Chair-person at 8-30 p.m., in an intoxicated condition abused her and prevented the preparation of the list. The petitioner states that apprehending threat to her security, she telephoned to the police. The police is stated to have come in time and on the complaint submitted by the petitioner, ...
State of A.P. Vs. Y. Shiva Shankar and anr.
Court: Andhra Pradesh
Decided on: Aug-04-2003
Reported in: 2003(6)ALD444; 2003(5)ALT829
G. Yethirajulu, J.1. This appeal is preferred by the State of Andhra Pradesh against the judgment of the V Additional Judge, City Civil Court, Hyderabad in OP No. 296 of 1987 filed under Sections 30 and 33 of the India Arbitration Act, 1940 ('the Act' for brevity) requesting to set aside the arbitration award dated 14-8-1986.2. The first respondent is a contractor and the second respondent is the sole arbitrator in this appeal. The contractor entered into an agreement with the State of Andhra Pradesh on 11-8-1980 for forming a road from Naidupet, Durgarajapatnam road to Sriharikota with a link road to Armagoan Light House at Wadapalem covering a distance of 6 km. for a sum of Rs. 17,42,759/-. As per the terms and conditions of the agreement, the matter is referable to arbitration. The contractor contended that he suffered various losses in execution of the work due to various delays and defaults on the part of the department. The arbitrators identified by both parties failed to give th...
Vundi Manikyam Vs. Ayodhyala Balagangadhar Chandra Sekhar and ors.
Court: Andhra Pradesh
Decided on: Aug-04-2003
Reported in: 2003(6)ALD158
G. Yethirajulu, J.1. This appeal is preferred by the claimants in O.P. No. 493 of 1993 on the file of the Motor Accident Claims Tribunal-cum-IV Additional District Judge, East Godavari at Kakinada ('the Tribunal' for brevity).2. The claimant, a lady aged about 45 years, met with a scooter accident on 9-3-1993 and sustained injuries on the left leg, left foot and other parts of the body. She made an application under Section 166 of the Motor Vehicles Act, 1988 ('the Act' for brevity) claiming compensation of Rs. 75,000/- under various heads. The Tribunal held that the accident occurred due to the rashness and negligence of the first respondent in driving the scooter. It further held that since the first respondent was not having driving licence to drive the two wheeler, it amounts to violation of the conditions of insurance policy, therefore, the Insurance Company is not liable to indemnify the owner. Accordingly the Tribunal awarded Rs. 41,000/- with interest and costs making the drive...
P.S. Sudershan Vs. Secunderabad Cantonment Board and anr.
Court: Andhra Pradesh
Decided on: Aug-04-2003
Reported in: 2003(5)ALD595
ORDERV.V.S. Rao, J.1. Though interlocutory applications are listed, with the consent of the learned Counsel for the parties, the writ petition itself was heard finally and is being disposed of.2. The petitioner challenges the order of the learned Chief Judge, City Civil Court, Hyderabad, dated 11.2.2003 in C.MA No. 274 of 2001, confirming the order of the Estate Officer of Cantonment Board ordering the petitioner to remove the encroachments in 139 Sq.yards in (General Land Register Survey Number) GLR S.No. 317/457. The order of the Estate Officer was passed under Section 5 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (Central Act No. 40 of 1971) (for short, the Act) and the appellate order was passed under Section 9 of the Act.3. The case of the petitioner is that the land in question belongs to Mahankali Temple, Secunderabad. As the respondent was interfering with the possession of the land on an impression that the land belongs to Cantonment Board, he made a ...
J.D. Electronics Vs. E.S.i. Corporation and ors.
Court: Andhra Pradesh
Decided on: Aug-04-2003
Reported in: 2004(1)ALD652; (2004)IILLJ653AP
G. Yethirajulu, J.1. This appeal is preferred by the petitioner in E.I. Case No. 15 of 1996 on the file of the Employees Insurance Court-cum-Chairman, Industrial Tribunal-I, Hyderabad questioning the order dated 26-2-1998 and praying to set aside the same.2. The appellant is a partnership firm dealing in electronic goods at Hyderabad. The name of the appellant is M/s. J.D. Electronics. They sell electronic goods. The shop is located in Door No. 4-1-825, Jawaharlal Nehru Road, Hyderabad. There are two more firms viz., M/s. J.D. Services and M/s. J.D. Leasing Company Ltd., functioning in the same building with the same door number. The family members are partners of these three firms. J.D. Services is a firm meant to undertake repairs of the electronic goods, checking of the functioning of the electronic goods sold. J.D. Leasing Company Limited is a company established to finance the customers for purchase of electronic goods. The officials of E.S.I. Corporation passed orders stating tha...
New Vasanth Vihar Vs. Special Deputy Collector, Land Acquisition and a ...
Court: Andhra Pradesh
Decided on: Aug-02-2003
Reported in: 2003(5)ALD816
ORDERV.V.S. Rao, J.1. The petitioner claims to be registered firm which prays for a writ of mandamus declaring the proposed action of the first respondent in paying compensation to the second respondent pursuant to the award passed under the Land Acquisition Act, 1894 in relation to an extent of 1941 Sq.yds. forming part of the premises bearing No. 4-1-830/1, Vasanth Vihar, Abids in T.S. No. 3, Block A, Ward No. 50, as illegal and arbitrary. The prayer is sought to be justified in the facts and circumstances noticed hereunder and on the grounds which are urged at the Bar.2. The second respondent (hereafter called 'the landlord') is the owner of the premises bearing No. 4-1-830 by reason of compromise decree passed in O.S. No. 38 of 1964 on the file of the Court of theAdditional Chief Judge, City Civil Court, Hyderabad between the second respondent and his brothers. Even before the premises fell to the share of the second respondent, the property was leased by one SirajuddinBabu Khan, t...
Uppala Venkat Vs. Divisional Railway Manager (P) South Central Railway ...
Court: Andhra Pradesh
Decided on: Aug-01-2003
Reported in: 2003(5)ALD263; 2003(6)ALT829; (2003)IIILLJ1092AP
G. Bikshapathy, J. 1. This is a pathetic case coupled with unbearable physical condition of an employee working in the South Central Railway, who was denied the benefit of Compassionate appointment scheme purporting to be on the basis of the Full Bench judgment of this Court reported in Government of Andhra Pradesh, General Administration Department, Hyderabad v. D. Gopaiah, : 2001(6)ALD759 (F.B).2. Before dealing with the principle laid down by the Full Bench, it is necessary to trace out the facts of the present case on hand.Petitioner is working as Senior Trolley Man in the South Central Railway. Unfortunately as ill luck would have it, he met with a ghastly accident while on duty on 5-3-1999 when he fell down from the Train No. 7201-U.P. express. He was run over by the train on account of which his entire right leg and right hand were severed on the spot. Unfortunately God has saved him by not allowing the wheels to go by an inch over the body. That saved his life, but yet, he is o...
Food Corporation of India and ors. Vs. Nellore District Fic Godowns, W ...
Court: Andhra Pradesh
Decided on: Aug-01-2003
Reported in: 2003(5)ALD172; 2003(5)ALT194; IV(2004)BC548
Devinder Gupta, C.J. 1. These two appeals arising out of W.P.No. 3794 of 2003 are directed against the order of the learned Single Judge declaring the action of the respondents 1 to 3 in awarding tender dated 27.11.2002 in favour of the 4th respondent as arbitrary, illegal and unconstitutional.2. While W.A. No. 1162 of 2003 is filed by the Food Corporation of India through its Managing Director, New Delhi, Zonal Manager, Chennai and Senior Regional Manager, Hyderabad who were arrayed as respondents 1 to 3 in the Writ Petition, W.A.No. 1163 of 2003 is preferred by Muralikrishna Vaddera Labour Contract Cooperative Society Limited, Pragathinagar, Nellore - arrayed as respondent No. 4 in the WP. The Nellore District F.C.I. Godown Workers Labour Contract Co-operative Society Limited, Nellore who was the petitioner is respondent No. 1 in both the appeals.3. Parties are being referred to as they were arrayed in the Writ Petition.4. By the impugned order dated 23.6.2003, the learned Single Jud...
B.V. Rami Reddy and anr. Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Aug-01-2003
Reported in: 2003(5)ALD339; 2003(5)ALT579
Bilal nazki, J.1. These matters came before us by way of a reference made by the learned Single Judge of this Court. The petitioners in W.P. No. 20323/2001 are Assistant Commandants and the petitioner in W.P. No. 24791/2001 is Inspector of Andhra Pradesh Special Protection Force. This Force has been created under an Act of State legislature being Andhra Pradesh Special Protection Force Act, 1991. When these writ petitions came to be heard by the learned Single Judge, it appears that, the respondents have taken objection that in view of the judgment in L. Chandra Kumar's case (L Chandra Kumar v. Union of India, : [1997]228ITR725(SC) ) the petitioners should have gone to Administrative Tribunal in the first instance. The learned Single Judge, however, made a reference as he had doubts as to whether the State Administrative Tribunal has the jurisdiction to hear the matters concerning a member of the Special Protection Force.2. In order to appreciate the controversy, we will have to look i...
Bhukya Bujji Vs. Bhukya Saraswathi and ors.
Court: Andhra Pradesh
Decided on: Aug-01-2003
Reported in: 2003(5)ALD187; 2003(5)ALT1
Devinder Gupta, C.J. 1. The appellant contested the election of Sarpanch, Gram Panchayat, Marrigudem Village of Garla Mandal, Khammam District on 20.8.2001 and was duly declared elected. He seeks to challenge the order passed by the learned Single Judge dismissing her writ petition and thereby declining to set aside the order dated 18.1.2003 passed in Election Petition No. J/1548/2001 by the Agency Divisional Officer (R.D.O,)/Election Tribunal for Gram Panchayaths at Kothagudem, setting aside her election as Sarpanch.2. Smt. Bhukya Saraswathi, the 1st respondent herein also contested the election of Sarpanch, Gram Panchayat, Marrigudem and remained unsuccessful. The appellant secured 606 votes, respondent No. 1 secured 466 votes and the third candidate secured 138 votes and thus the appellant was declared successful. First respondent filed an election petition before the Election Tribunal questioning the election of the appellant herein as Sarpanch. The ground to set aside the election...
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