Andhra Pradesh Court September 2003 Judgments
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Todday Tappers Co-operative Society Vs. Commissioner, Prohibition and ...
Court: Andhra Pradesh
Decided on: Sep-03-2003
Reported in: 2003(6)ALD767
ORDERL. Narasimha Reddy, J.1. The petitioner is a Toddy Tappers Co-operative Society having its activity at Secunderabad. It holds a licence issued under the A.P. Excise (Arrack and Toddy Licences General Conditions) Rules, 1969 (for short 'the Rules'), valid up to 31-3-2007. It was running its business in the Kakaguda area of Secunderabad in a portion of the premises bearing No. 3-7-99. The Prohibition and Excise Superintendent, Hyderabad, the 2nd respondent had addressed letter dated 1-5-2003 taking exception to the running of the toddy shop in the said premises on the basis of the complaints said to have been received from various women organisations of the locality, and it was in this context the petitioner had obtained a lease in respect of premises bearing Sy. No. 170 (Part of Mudfort, Secunderabad) from the 3rd respondent. On the selection of the premises by the petitioner, the 2nd respondent has issued a fresh licence to the petitioner in respect of the newly selected premises....
United India Insurance Co. Ltd. Vs. Vaggu Balram and ors.
Court: Andhra Pradesh
Decided on: Sep-03-2003
Reported in: II(2004)ACC420; 2005ACJ1384; 2004(3)ALD156; [2004(101)FLR1068]
C.Y. Somayajulu, J.1. Since these two appeals arise out of the same accident they are being disposed of by a common judgment.2. Alleging that their son Sri Krishnaiah, hereinafter referred to as the 'deceased', who was employed by R. Balakrishna Reddy on his truck bearing No. AP 11V 7326 as a driver on a monthly salary of Rs. 4,000/- died due to an accident that occurred on 27-11-2001 at about 2,00 a.m., out of and during the course of his employment with the said Balakrishna Reddy, V. Balaram and Laxmamma, the parents of the deceased filed WC No. 40/2002 before the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour-III, Hyderabad seeking compensation of Rs. 5 Lakhs on the basis that the deceased was aged about 19 years at the time of his death. Balakrishna Reddy, the employer of the deceased (the employer) admitted his employing the deceased with him and also the accident. The United India Assurance Company Limited, (the insurer) filed its counter denying the...
Cement Corporation of India Employees Union Vs. Asst. Commissioner of ...
Court: Andhra Pradesh
Decided on: Sep-03-2003
Reported in: 2003(6)ALT261
ORDERR. Subhash Reddy, J.1. This Writ Petition is filed by the Cement Corporation of India Employees' Union, seeking Writ of Mandamus, to declare the action of the Respondents 2 to 4 in transferring the members of the petitioner-Union to various places, during the pendency of the conciliation proceedings, as illegal, unjust, contrary and in violation of Section 33 of the Industrial Disputes Act, 1947.2. It is the case of the petitioner-Union that its members, who are working at Adilabad Unit cannot be transferred to other units of the respondent-Corporation in India. It is the further case of the petitioner-Union that as much as the conciliation proceedings initiated against the very same dispute are pending consideration, the respondent authorities are not empowered to pass orders of transfer, otherwise, the same will amount to change of service conditions, within the meaning of Section 33 of the Industrial Disputes Act, 1947.3. Counter-affidavit is filed by the General Manager of the...
Smt. M. Sarojini and ors. Vs. Government of Andhra Pradesh, Rep. by Se ...
Court: Andhra Pradesh
Decided on: Sep-03-2003
Reported in: 2004(2)ALT296
ORDERD.S.R. Varma, J.1. This writ petition is filed seeking writ of Certiorari calling for the records relating to Lr.No. 2669/MP2/HUDA/97 dated 8-6-1399 by HUDA and consequential letter No. G/129/BP/1777/97, dated 19-6-1999, of Serilingampally Municipality and P.O. No. G/1/UC/MCS/TPS/2000-2001, dated 4-12-2000 , of Serilingampally Municipality and quash the same.2. The facts, which are not in dispute, are that, the petitioners who are 27 in number purchased different extents of land to talling to Ac.4.70 guntas from one P. Sarveshwara Rao in Sy.Nos. 55 to 59 of Madhapur Village under registered sale deeds. All the petitioners made a joint application for development of the land to the 2nd respondent-Hyderabad Urban Development Authority (for short 'the Huda') through letter, dated 4-7-1996. Upon which the 2nd respondent through letter dated 10-6-1997 directed the petitioners to remit an amount of Rs. 8,00,000/- towards development charges. Further the 2nd respondent also required the ...
Nizam Sugar Factory Ltd. Vs. Sarfaras Baig
Court: Andhra Pradesh
Decided on: Sep-03-2003
Reported in: 2003(6)ALT488
C.Y. Somayajulu, J.1. Defendant in O.S.No. 138 of 1987 on the file of the Court of the District Munsif, Bodhan is the appellant. Respondent filed the aforesaid suit to declare his date of birth as 4th Khurdad 1341 Fasli equivalent to 4th April 1932 and consequently his date of superannuation as 3rd April 1992.2. The case, in brief, of the respondent is that at the time of his entry into the service of appellant, since the appellant did not insist on production of proof of his date of birth, he did not produce proof relating to hid date of birth. In 1980 when the officials of the appellant wanted him to be present before the Age Fixation Committee he presented himself before the Committee and requested it to call for the record relating to his date of birth from Biloli School where he studied. But the Committee without calling for the record and without any basis arbitrarily fixed his age as 53 years as on 26-6-1980. Thereafter, though he has been continuously making representations to ...
K. Annaji Rao and anr. Vs. Md. Jaboar and anr.
Court: Andhra Pradesh
Decided on: Sep-02-2003
Reported in: 2003(6)ALD452; 2004(1)ALD(Cri)815
ORDERC.Y. Somayajulu, J. 1. The parents of one Srikanth (the deceased) who died in a road accident, filed OP No. 1035 of 1999. His widow and minor daughter filed OP No. 1196 of 1999 seeking compensation in connection with his death. The Tribunal clubbed both the claim petitions and assessed the compensation payable to the claimants in both the petitions. It observed by the Tribunal that the claimants in the petitions would have been entitled to more compensation than claimed but restricted the compensation to the amount claimed by them namely three lakh rupees and seven lakh rupees respectively. Contending that they are entitled to higher compensation than three lakh rupees as awarded by the Tribunal the claimants in OP 1035 of 1999 filed the present appeal.2. The Registry took an objection as to maintainability of the appeal because entire amount claimed by the claimants was awarded by the Tribunal. That is how this unregistered appeal came before me.3. The contention of the learned C...
Government of Madhya Pradesh and anr. Vs. P.V. Vidyasagar and ors.
Court: Andhra Pradesh
Decided on: Sep-01-2003
Reported in: AIR2004AP89; 2003(5)ALD695; 2004(1)ARBLR485(AP)
ORDERB. Prakash Rao, J. 1. The petitioners, by way of this revision under Article 227 of the Constitution of India, seek to assail the orders dated 11.3.2003 passed by the sole-arbitrator Sri. P. V. Vidyasagar in Arbitration Case No. 3 of 2001 impleading the petitioners as parties to the reference.2. Heard both sides. The learned Counsel for the respondents raised a preliminary objection as to the maintainability of the revision under Article 227 of the Constitution of India against the proceedings of the arbitrator. A few facts which are necessary for the disposal of this revision are that the arbitration reference has been made to the sole arbitrator appointed at the instance of the parties, in pursuance of an agreement executed in August, 1997 on the plea raised as to the non-joinder of parties namely the petitioners herein. The sole arbitrator impleaded them. The main objection on behalf of the petitioners is that they were impleaded without giving any prior notice and opportunity ...
Saleemunnisa Begum Vs. Mohd Zameeruddin
Court: Andhra Pradesh
Decided on: Sep-01-2003
Reported in: 2003(5)ALD846; 2003(6)ALT59
B. Prakash Rao, J.1. The plaintiff, who is the wife, is the appellant herein who- seeks to assail the judgment and decree in A.S. No. 8 of 1990 dated 3.6.1991 on the file of the District Judge, Medak at Sangareddy reversing, at the instance of the respondent/ husband, the judgment and decree in O.S. No. 29 of 1987 dated 5.3.1990 on the file of the Subordinate Judge at Medak allowing the claim for recovery of Jahaz articles or their value of Rs. 43,731/- from the respondent.2. Heard Sri Syed Sharif Ahemed, the learned Counsel for the appellant and Sro. Nowshad Ali, the learned Counsel for the respondent. The appellant in the suit sought for recovery of Jahaz articles as mentioned in Annexures A and B or their value of Rs. 41,731/- on the allegation that she was married to the respondent on 4.12.1971 at Medak as per the Muslim rites where the defendant agreed to pay dower of Rs. 2,500/- and two Deenar Sharai. The father of the appellant presented Jahaz and gold and silver ornaments as me...
Ali Jafar and ors. Vs. Hindustan Petroleum Corporation Limited and ors ...
Court: Andhra Pradesh
Decided on: Sep-01-2003
Reported in: 2003(6)ALD149; 2004(2)ALT615
ORDERN.V. Ramana, J.1. The petitioners who are 17 in number and claim to be the legal heirs of late Smt. Sakina Bai Haji Abdulla, who leased out her land in an extent of 1225 Sq.yds. situated in Municipal No. 10-3-5, Mehdipatnam Cross Roads, Hyderabad, to M/s. Esso Standard Refining Company of India Limited [presently M/s. Hindustan Petroleum Corporation Limited (for short 'the Corporation')], have invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, praying for the following relief:To pass an order or orders, more particularly, one in the nature of writ of mandamus, declaring the action of the respondent-Corporation in occupying and to be in possession of the premises (land) bearing Municipal No. 10-3-5, Mehdipatnam, Cross Road, Hyderabad, belonging to the petitioners, as unconstitutional, arbitrary, illegal and without any authority of law, and violative of Articles 14, 19(1)(g) and 300-A of the Constitution of India, and consequently d...
Jamuna Stores Vs. Regional Director, E.S.i. Corporation
Court: Andhra Pradesh
Decided on: Sep-01-2003
Reported in: 2004(4)ALT258; (2005)ILLJ248AP
ORDERB. Prakash Rao, J.1. The appellant is the petitioner who seeks to assail by way of this appeal under Section 82 of the Employees' State Insurance Act dismissing its application filed under Section 75(1)(g) of the Act as per the orders dated October 11, 1999 in EIC No. 74 of 1998 on the file of the Employees' Insurance Court-cum-Industrial Tribunal-I, Hyderabad. Heard Ms. Nageshwara Sree, the learned counsel for the appellant and also Sri B.G. Ravinder Reddy, the learned Standing counsel for the respondent Corporation.2. The facts in brief are that the petitioner-Jamuna Stores claims that its retail business in cloth was started in the year 1983 and at any point of time, the petitioner did not have employee more than 15 persons and therefore the provisions of ESI Act are not applicable. However, a demand was raised by the respondent treating the petitioner and Jamuna Silks as two different units, though situated in the same premises and therefore the entire claim is wholly unsustai...
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