Andhra Pradesh Court October 2004 Judgments
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C.R. Srinivas Vs. Osmania University and anr.
Court: Andhra Pradesh
Decided on: Oct-26-2004
Reported in: 2005(2)ALD560; 2005(2)ALT798
ORDERV.V.S. Rao, J.1. The petitioner joined the M.C.A. course in second respondent College during the academic year 1995-96. He completed the 3 Year course, but he could not get his Degree as he had three backlog papers yet to get through. The petitioner, thereafter approached first respondent to permit him to appear for the backlog examinations, in vain. The petitioner contends that there is no rule prohibiting a student of M.C.A. from appearing the examinations to complete the backlog papers. Therefore, he filed the writ petition seeking a declaration that the action of the respondents in not permitting the petitioner to appear for the M.C.A. backlog examinations of 3 Year course, is illegal and unconstitutional. He also seeks a consequential direction to the respondents to permit him to appear for the backlog examinations of the III Year First semester ICG and Programming Languages with optional: E-Commerce Data Ware Housing, Parallel Programming, 1st Year I semester MFCS and Elemen...
Indian Industrial Mineral Producers Welfare Association Vs. Government ...
Court: Andhra Pradesh
Decided on: Oct-26-2004
Reported in: 2005(2)ALD471; 2005(3)ALT61
C.V. Ramulu, J.1. At the outset, we may note that this is a probono publico litigation filed by Indian Industrial Mineral Producers' Welfare Association, represented by its Secretary P. Lakshmana Perumal, Chennai, Tamilnadu, complaining that the mining lease granted in favour of the 4th respondent - M/s. Transworld Garnet India Private Limited - is contrary to the provisions of Mines and Minerals (Development and Regulation) Act, 1957 (for short 'MMRD Act') and the Rules made thereunder, apart from the Atomic Energy Act, 1962 and the Rules framed thereunder.2. It is stated that India has large reserves of beach sand minerals in the coastal stretches around the country. Ilmenite is the largest constituent of the Indian deposits and the others being Rutile, Leucoxene, Zircon, Garnet and Monazite. The minerals other than Garnet and Sillimanite have been classified as 'prescribed substances' under the Atomic Energy Act, 1962. Under the said Act, it is mandatory to obtain licences from the ...
Daspalla Hotels Ltd. Vs. Commissioner of Commercial Taxes
Court: Andhra Pradesh
Decided on: Oct-26-2004
Reported in: (2008)11VST830(AP)
Bilal Nazki, J.1. Heard learned Counsel for the parties.These four special appeals have been filed against the order of the Commissioner of Commercial Taxes. They raise similar questions of law and fact, hence, they are being disposed of by this common judgment.2. The main question raised in these special appeals is whether the cool drinks and ice-creams sold in the hotels/restaurants, which had suffered tax at the time of first sale could be again taxed under Section 5C of the Andhra Pradesh General Sales Tax Act, 1957 (for short 'the Act').3. It is not disputed that under Section 5 of the Act, cool drinks and icecreams are taxable as Schedule goods in terms of entry 108 and entry 110 of the First Schedule to the Act. It is also not disputed that the goods in the present cases had suffered tax under Section 5 of the Act. The contention of the learned Counsel for the appellants is that once goods suffered tax in terms of Section 5 of the Act, they could not again be made exigible to ta...
Dr. Rupavath Ramdas Vs. Osmania University and ors.
Court: Andhra Pradesh
Decided on: Oct-25-2004
Reported in: 2005(2)ALD524; 2005(2)ALT549
ORDERG. Yethirajulu, J.1. The petitioner is working as a Lecturer in V.S.R. and N.V.R. College, Tenali, Guntur District. In pursuance of a notification of the first respondent vide Advertisement No. 2/2003, dated 7-8-2003 regarding the filing up of 65 backlog vacancies reserved for Scheduled Castes and Scheduled Tribes category including a post of an Associate Professor in Political Science, he applied for the same. The applicants were not called for interview on the ground that they do not possess the requisite qualifications for the post of Associate Professor in Political Science including the petitioner. The post of Associate Professor in Political Science, which is reserved for Scheduled Tribes was notified thrice, but the first respondent could not get the qualified candidate for the said post. As per the notification, the candidates must possess Phd, NET and five years teaching experience at the degree level. As the first respondent is reluctant to relax the qualifications, the ...
General Manager (Projects), Singareni Collieries Company Ltd. Vs. Comm ...
Court: Andhra Pradesh
Decided on: Oct-25-2004
Reported in: 2006ACJ1642; 2005(5)ALD153; 2005(4)ALT462
L. Narasimha Reddy, J.1. Aggrieved by the order, dated 29-9-1997, passed by the Commissioner for Workmen's Compensation, Khammam (for short 'the first respondent') in W.C. No. 31 of 1995, Singareni Collieries Company Limited, preferred this appeal, under Section 30 of the Workmen's Compensation Act, 1923, hereinafter referred to as 'the Act'.2. The second respondent was employed as a coal cutter, by the appellant on 13-3-1961. He was rendered medically unfit, with effect from 13-2-1988. He was extended the necessary benefits as provided for under the relevant statutes and scheme, and it is stated that his wife was provided with compassionate appointment. The second respondent submitted a claim before the first respondent claiming compensation, on the ground that he suffered the disease 'Bilateral Chronic Simple Glaucoma' on account of hazardous employment.3. The appellant resisted the claim and stated that the disease suffered by the second respondent was not on account of his employme...
Singareni Collieries Co. Ltd. Vs. Commissioner for Workmen's Compensat ...
Court: Andhra Pradesh
Decided on: Oct-25-2004
Reported in: I(2007)ACC913
L. Narasimha Reddy, J.1. Aggrieved by the order dated 29.9.1997, passed by the Commissioner for Workmen's Compensation, Khammam (for short 'respondent No. 1') in W.C. No. 31 of 1995, Singareni Collieries Co. Ltd., preferred this appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act').2. Respondent No. 2 was employed as a coal cutter by the appellant on 13.3.1961. He was rendered medically unfit with effect from 13.2.1988. He was extended the necessary benefits as provided for under the relevant statutes and scheme and it is stated that his wife was provided with compassionate appointment. Respondent No. 2 submitted a claim before the respondent No. 1 claiming compensation on the ground that he suffered the disease 'bilateral chronic simple glaucoma' on account of hazardous employment.3. The appellant resisted the claim and stated the disease suffered by respondent No. 2 was not on account of his employment and that the claim itself is fict...
Smt. M. Kasturi, W/O M. Suryakumar Vs. the Sr. Deputy Director General ...
Court: Andhra Pradesh
Decided on: Oct-14-2004
Reported in: 2004(6)ALD504; 2004(6)ALT705; [2005(104)FLR462]; (2005)ILLJ633AP
ORDERG. Yethirajulu, J.1. These writ petitions are filed seeking a writ of mandamus by declaring that the action of the respondents in rejecting the claim for (1) conversion of the petitioners into full time casual labourers, (2) for grant of temporary status, (3) to declare that the termination of the services of the petitioners by the respondents by shifting to contractors without any valid reason, notice or at least an order in writing, as arbitrary, discriminatory, illegal, unjust and unsustainable being violative of Articles 14, 16 and 21 of the Constitution of India, (4) to set aside the same, (5) to direct the respondents to convert the petitioners into full time casual labourers, and (6) to re-engage them along with consequential benefits.2. Since the questions involved in the writ petitions and the reliefs prayed for against the respondents are identical, the writ petitions are disposed of through this common order.3. Before dealing with other writ petitions, I would like to d...
B. Krishna Vs. Vasavi Co-operative Urban Bank Ltd., Rep. by Its Managi ...
Court: Andhra Pradesh
Decided on: Oct-14-2004
Reported in: 2004(6)ALD838; 2005(2)ALT283
ORDERG. Yethirajulu, J.1. The petitioner was appointed as a daily wage sub-staff in the respondent Bank for a period of 89 days w.e.f. 20-12-1993. He continued as such with a break of one day for every 90 days of the service till he was regularly selected and appointed through the proceedings dated 21-8-1996. He was appointed as a sub-staff-cum-Peon-cum-Driver in the pay scale of 1450-2430. He was required to be on probation for a period of one year w.e.f. 21-8-1996 along with the other persons appointed on regular basis. He belongs to B.C.-A community and as per the Roster he is entitled to be placed at the 4th vacancy and 20th vacancy in a Roster of 100 points. He is entitled to be shown at S.No.4 in the seniority list dated 19-8-2004 or at least at S.No.13 by taking the date of regular appointment. The services of the petitioner were confirmed w.e.f. 26-8-1997. Thus, he became a permanent employee of the first respondent Bank. While the matter stood thus, the first respondent Bank w...
Smt. B. Yasodha W/O Muni Ratnam Vs. the Banking Ombudsman (A.P.),
Court: Andhra Pradesh
Decided on: Oct-14-2004
Reported in: 2005(2)ALT153
ORDERV.V.S. Rao, J. 1. The petitioner is a proprietor of Jalajasree Silk Sarees. She is aggrieved by an award dated 7-12-1999 of Banking Ombudsman (Andhra Pradesh), the first respondent herein in complaint No.161/98-99 whereby and whereunder the first respondent directed the third respondent to pay a sum of Rs.1,65,455/- (Rupees one lakh sixty five thousand four hundred and fifty five only) i.e., covered by two Demand Drafts dated 14-9-1998 and 15-10-1998 purchased by the second respondent herein. 2. The fourth respondent herein filed complaint No.161/98-99 before the first respondent against respondents 1, 2 & 3 herein as well as the Regional Manager of Indian Bank, Chittoor praying him to enquire into the matter and direct the third respondent herein to make good the loss sustained by the complainant. It is his case before the first respondent that he is carrying on business in Silk Sarees in the name and style of M/s. Jalajasree Silk Sarees; that he is having an account with Chittoo...
The Tribal Cooperative Marketing Development Federation of India Ltd. ...
Court: Andhra Pradesh
Decided on: Oct-14-2004
Reported in: IV(2005)BC179
P.S. Narayana, J. 1. Both the Criminal Appeals are filed by the Tribal Cooperative Marketing Development Federation of India Ltd., represented by its Regional Manager, Hyderabad, against the orders made in C. C. No. 511 of 1996 and C.C. No. 375 of 1996 on the file of the XV Metropolitan Magistrate,Hyderabad. 2. The 1st respondent is the accused - B P Exporters, represented by its Proprietor. These complaints were filed under Section 138 of the Negotiable Instruments Act, 1881 for prosecution and punishment for dishonouring of cheque issued in question. 3. The learned counsel for the appellant had pointed out that the main ground on which acquittal had been recorded is that it is not proved that PW.1 is authorized to lodge the complaint. The learned counsel submits that the affidavit of the counsel and also the affidavit of the Zonal Manager are filed who had sworn that even at the time of filing of complaints, the letter dated 23-4-1996 authorizing the Regional Manager was filed before...
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