Andhra Pradesh Court August 2003 Judgments
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S. Bhagavan Reddy Vs. Election Tribunal and ors.
Court: Andhra Pradesh
Decided on: Aug-13-2003
Reported in: 2003(6)ALD252; 2003(6)ALT841
ORDERL. Narasimha Reddy, J.1. This writ petition is filed challenging the order of the Principal Senior Civil Judge, Kakinada in O.P. No. 103 of 2001 dated 15-4-2003.2. The O.P. was filed by the 2nd respondent in the writ petition, challenging the election of the petitioner as member of Zilla Parishad Territorial Constituency (ZPTC) Peddapudi of East Godavari District in the elections held on 15-7-2001. Through its order dated 15-4-2003, the Trial Court had set aside the election of the petitioner and directed recounting of the polled votes. The petitioner contends that the order of the Trial Court is contrary to law and opposed to the facts.3. According to him, the Trial Court has misdirected itself in setting aside the election and thereafter directing recounting of votes. It is urged that not even an issue was framed as regards recounting of votes and simply by jumping to certain conclusions, it had set aside the election and directed recounting of votes.4. In the counter-affidavit ...
S. Fazeelath Begum Vs. K. Abdul Hakeem (Died) by Lrs. and ors.
Court: Andhra Pradesh
Decided on: Aug-13-2003
Reported in: 2004(1)ALD647; 2004(2)ALT331
C.Y. Somayajulu, J.1. Seventh respondent in OP No. 489 of 1998 is the appellant in this appeal.2. Respondents 1 to 8 filed the aforesaid O.P. under Section 372 of the Indian Succession Act seeking Succession Certificate in their favour for the 3/4th amount from out of the securities left behind by K. Shabbir Ahmed (hereinafter referred to as the deceased), who happened to be the son of respondents 1 and 2 and brother of Respondents 3 to 8, i.e., policy No. 42584A dated 1.11.1997, Policy No. 425874B dated 1.6.1992 of A.P.Government Life Insurance Fund, Policy No. AP/46037-CS dated 16.3.1992 of postal Life Insurance, and the amounts lying to the credit of S.B. Account No. 20/3488 in the State Bank of India, TIF Compound, Gooty Road, Kurnool, and S.B. Account in Syndicate Bank. Their contention is that since as per the Muslim Law all of them put together are entitled to 3/4th share in the estate left behind by the deceased and the remaining 1/4th belongs to the appellant, who is the wife ...
Devineni Seshagiri Rao Vs. the Govt. of A.P. and ors.
Court: Andhra Pradesh
Decided on: Aug-13-2003
Reported in: 2003(2)ALD(Cri)637; 2004CriLJ52
L. Narasimha Reddy, J.1. The petitioner figured as an accused in Crime No. 498 of 1998 of Machavaram Law and Order Police Station, Vijayawada. He is accused of having committed offence under Section 302 read with Section 34 of the Indian Penal Code (IPC) and Section 27 of the Arms Act. The 3rd respondent lodged a complaint stating that the petitioner murdered his brother by name P. Ramakrishna.2. The 3rd respondent submitted a representation to the 1st respondent, the Government of Andhra Pradesh, requesting them to appoint the 2nd respondent herein as Special Public Prosecutor to conduct the case in Cr. No. 498 of 1998. Acceding to the request of the 3rd respondent, the 1st respondent issued G.O. Ms. No. 217, Law Department, dated 10-10-1998, appointing the 2nd respondent as Public Prosecutor, in exercise of power under Section 24(8) of Cr.P.C. (hereinafter referred to as 'the Code' for short). The said order is challenged in this writ petition.3. The petitioner contends that the 2nd ...
Ram Bahadur Vs. Labour Court and anr.
Court: Andhra Pradesh
Decided on: Aug-12-2003
Reported in: 2003(6)ALD139; 2003(5)ALT541
ORDERS. Ananda Reddy, J. 1. This writ petition is filed by the aggrieved workman against the Award of the Labour Court, Guntur in I.D. No. 359 of 1990, dated 1-1-1996, seeking to quash the said Award, as illegal, not based on facts, and for the grant of consequential benefits.2. The brief facts of the case are that the petitioner was appointed as watchman in the 2nd respondent-Hospital in the year 1967 and continued as such. The workers of the 2nd respondent formed themselves into a Trade Union and the said Union was registered in the name and style of 'St. Ann's Hospital Mazdoor Sangh', which is affiliated to 'Bharatiya Mazdoor Sangh'. The petitioner was elected as General Secretary of the Union and used to represent the grievances of the workers before the Management of the 2nd respondent, as the 2nd respondent was not implementing the welfare legislations, which were meant for the welfare of the workers. The petitioner filed representations before the Assistant Commissioner of Labou...
Malladi Krishna Mohan (Died) by Lrs. Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Aug-12-2003
Reported in: 2003(5)ALD452
ORDERV.V.S. Rao, J.1. W.P. No. 10652 of 1995 was heard on 15-7-2003 and reserved for consideration. The other writ petition being W.P. No. 10651 of 1995 was heard on 29-7-2003 and 6-8-2003. As most of the grounds urged in support of the writ petitions are similar and as both the writ petitions challenge the self-same notification under the Land Acquisition Act, 1894 (the Act'), both the matters are being disposed of by this common order.2. The petitioners in these writ petitions challenge the notification issued by the District Collector, Krishna District, the first respondent herein, under Sub-section (1) of Section 4 of the Act published in the Gazette on 24-4-1995 and in the Vijayawada edition of Telugu daily newspaper Andhra Jyothi on 11-5-1995. By the said notification, the first respondent proposed to acquire, among other, land admeasuring Acs.15.59 cents in Sy.No. 60/2 and land admeasuring Acs.17.75 cents in Sy.Nos. 61 and 63 of Kanuru Village, Penamaluru Mandal, Krishna Distric...
Syed Ashraf Ali Vs. A. Vijayalakshmi
Court: Andhra Pradesh
Decided on: Aug-12-2003
Reported in: 2004(3)ALD138
ORDERT. Ch. Surya Rao, J. 1. This civil revision petition is directed against the judgment dated 5.6.2000 passed by the Additional Chief Judge, City Small Causes Court, Hyderabad, in R.A.No. 6 of 1996.2. The unsuccessful tenant in both the forums is the revision petitioner and the respondent herein is the landlady who filed the eviction petition in R.C. No. 151 of 1990 on the file of the Additional Rent Controller, Secunderabad, seeking eviction of the tenant on the premises of wilful default, the tenant securing alternative accommodation of his own, and the bona fide personal requirement. On enquiry, the learned Rent Controller directed the eviction of the tenant on the ground of wilful default while negativing the other two pleas taken by the landlady. Having been aggrieved by the said order of eviction, the tenant carried the matter in appeal. Under the impugned judgment, the learned appellate authority dismissed the appeal while concurring with the findings of the learned Rent Cont...
Union of India (Uoi) and ors. Vs. Bijili Balaiah
Court: Andhra Pradesh
Decided on: Aug-12-2003
Reported in: 2004(4)ALD48
B. Sudershan Reddy, J.1. The Union of India represented by its Secretary, Ministry of Communications, Department of Posts, New Delhi and two others are in appeal before us in this writ appeal preferred against the order passed by a learned Single Judge of this Court in W.P. No. 19381 of 2001, dated 28-12-2001, whereunder the learned Judge directed the appellants herein to take appropriate action in the matter in accordance with Clause 43 of the POSB Manual within a period of two months from the date of receipt of a copy of the said order.2. In order to appreciate the question as to whether the impugned order passed by the learned Judge suffers from any infirmity requiring our interference in the matter, the relevant facts may have to be noticed:3. The respondent-writ petitioner with his little savings purchased Indira Vikas Patras (IVP) on 18-12-1993 vide Receipt Nos. 5 IVP/45B 991953 for Rs. 1,000/-; 5 IVP/45B 991954 for Rs. 1,000/-; 5 IVP/45B 991955 for Rs. 1,000/-; 5 IVP/33C 336284 ...
Punna Prameela Vs. Reddimalla Yadagiri
Court: Andhra Pradesh
Decided on: Aug-11-2003
Reported in: 2003(5)ALD792
ORDERL. Narasimha Reddy, J. 1. This case discloses an instance of a wrong order passed by the 2nd respondent giving rise to several unnecessary proceedings in various Courts.2. The District Collector, Nalgonda through proceedings dated 8.1.2003 held that the 1st respondent, one R. Yadagiri ceased to be a Member of the Gram Panchayat, Jajireddygudem with immediate effect and directed the Mandal Parishad Development Officer, Arvapally to lodge a criminal Case against the 1st respondent for recovery of Rs. 11,49,101/-. The basis for this order is said to be that during his tenure as In-charge Sarpanch of the Gram Panchayat, the 1st respondent had misappropriated a sum of Rs. 11,49,101/- and despite the notice as regards disqualification and recovery of amount, he did not respond. The order is said to have been passed in exercise of power under Sections 18(2) and 19(2)(h)(i) of the Andhra Pradesh Panchayat Raj Act, 1994 (herein after referred to as 'the Act').3. Aggrieved by the order date...
United India Insurance Company Limited Vs. Polaki Sarojini Devi and or ...
Court: Andhra Pradesh
Decided on: Aug-11-2003
Reported in: II(2004)ACC156; 2005ACJ1223; 2003(5)ALD749
ORDERG. Yethirajulu, J.1. This appeal is preferred by the United India Insurance Company Limited, Visakhapatnam, against the order of the Motor Accidents Claims Tribunal, Srikakulam in O.P. No. 45 of 1993.2. A person by name Polaki Bheema Rao died in a Motor Accident occurred on 8-12-1992. His wife and sons made an application under Section 166 of the Motor Vehicles Act, claiming Rs. 3,00,000/- towards compensation. The Tribunal awarded Rs. 2,50,000/- towards compensation under various heads. The claimants pleaded that the deceased and others travelled as fare paying passengers in the goods vehicle and that while the deceased was boarding the tipper by placing his foot on the footboard, the driver drove the lorry without observing him, due to which he slipped from the said vehicle and died due to the resultant cause of the injuries received by him.3. The learned Counsel for the appellant relied on a judgment of the Supreme Court reported in Noorjahan (TMT) v. Sultan Rajia TMT, : (1997)...
A.P. State Road Transport Corporation and ors. Vs. M.V. Ramana Rao
Court: Andhra Pradesh
Decided on: Aug-11-2003
Reported in: 2003(6)ALD322; 2003(5)ALT463; (2004)ILLJ361AP
Devinder Gupta, CJ1. We have heard the learned Counsel for the appellant and gone through the impugned order passed by learned Single Judge allowing the writ petition of the respondent and directing the appellant to provide suitable employment to the respondent by protecting his pay scale and other service benefits. Appropriate orders were directed to be passed within one month from the date of receipt of the said order.2. Writ petitioner/respondent was appointed by the appellant and has been working, in Podjli Depot since 1993. Representation was submitted by respondent on 24-11-2001 requesting for change of duties and assign some other duties stating that he was suffering from ear problem and has been advised not to drive vehicles failing which the problem will get aggravated. Respondent was referred to Tarnaka Hospital of the appellant. The Senior Medical Officer vide Medical Certificate dated 29-1-2002 certified that respondent was unfit for A-1 category driver's job due to defecti...
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