Andhra Pradesh Court November 2004 Judgments
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Jandhalaya Krishna Murthy Vs. Tullimilli Kotaiah
Court: Andhra Pradesh
Decided on: Nov-09-2004
Reported in: 2005(1)ALD205
G. Bikshapathy, J.1. All the matters are placed before the Division Bench for answering the references made by the learned Brother P.S. Narayana, J. The issues arise under the provisions of A.P. (A.A) Tenancy Act, 1956 (hereinafter called the 'Act').2. The circumstances leading to the reference as spelt out from the Order of reference of the learned Judge are briefly narrated hereunder.3. The revision petitioners are the landlords and the respondents are the tenants. The tenants filed petitions before the Special Officer, Guntur for a declaration that they are the cultivating tenants and consequential relief of perpetual injunction restraining the landlords from interfering with the possession over the petition schedule lands. The original authority allowed the applications of the tenants as prayed for. Aggrieved by the said Order of the original authority, they filed appeals before the Appellate Authority District Judge, Guntur. The learned Appellate Authority also dismissed the appea...
Employees' State Insurance Corporation and Ors. Vs. Chirala Co-operati ...
Court: Andhra Pradesh
Decided on: Nov-09-2004
Reported in: 2005(1)ALD235; 2005(3)ALT36; [2005(105)FLR430]; (2005)ILLJ1016AP
L. Narasimha Reddy, J.1. This appeal, under Section 82 of the Employees' State Insurance Act (for short 'the Act'), is filed by the Employees State Insurance Corporation, against the order dated 1-6-2001 in E.I.C. No. 76 of 1998 on the file of the E.S.I. Court-cum-Industrial Tribunal-I, Hyderabad (for short the 'Trial Court').2. The respondent is an industry, wherein several categories of workmen are employed. It is covered by the provisions of the Act, and has been making the required contributions. On 21-1-1998, an Inspector of the appellant Corporation visited the premises of the respondent and noticed that, contribution to the tune of Rs. 4,36,600/- was not made, in respect of four categories of workers, viz.,(a) Ginning workers - 66(b) Mutha Coolies -14(c) Canteen Workers - 4, and(d) Trainees in various departments -1633. A demand notice dated 11-2-1998 was issued. This was followed by an order dated 20-4-1998, passed under Section 45 of the Act. The respondent challenged the same...
Akula Suryanarayana @ Suribabu Vs. Peddiboina Venkata Mohan @ Mohanara ...
Court: Andhra Pradesh
Decided on: Nov-09-2004
Reported in: II(2005)ACC873; 2006ACJ1526; 2005(3)ALT33
L. Narasimha Reddy, J.1. The unsuccessful claimant in W.C. Case No. 7 of 1997, on the file of the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, West Godavari at Eluru (for short 'the Commissioner'), is the appellant in this C.M.A. He presented the claim before the Commissioner, alleging that he was employed as a helper in the saw-mill, owned by the respondents, and that on 01 -03-1996, at about 8.30 a.m., his left hand wemt inside the machine, and was crushed. He stated that the first respondent admitted him in local private hospital and that his hand was amputated. He claimed compensation under the provisions of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act').2. The respondents resisted the claim alleging that the appellant was not employed by them, and that they are not liable to pay any compensation. The appellant examined himself as A.W.1. The doctor, who treated him for the injury, was examined as A.W.2. Exs. A-1 to A-7 w...
Gona Sivasankar and ors. Vs. K. Varaprasad and ors.
Court: Andhra Pradesh
Decided on: Nov-09-2004
Reported in: I(2007)ACC890
L. Narasimha Reddy, J.1. In all these appeals filed under Section 30 of the Workmen's Compensation Act, 1923 (for short 'the Act'), common questions arise, viz., whether in the absence of any certification by the medical practitioner, as to the loss of earning capacity of an injured workman, it is competent for the Commissioner under the Act, to determine the same and whether the difficulty or hardship arising out of an injury, can be said to have resulted in total loss of earning capacity.2. C.M.A. Nos. 1396, 1615, 1642, 1643, 1984 and 2035 of 2002 are filed by workmen employed on motor vehicles; whereas C.M.A. Nos. 2141 and 7552 of 2002 are filed by the Insurance Companies, in relation to the claims covered by C.M.A. Nos. 1615 and 1984 of 2002. The appellants in the six appeals, referred to above, have been employed as drivers or cleaners, as the case may be, to work on the vehicles owned by various owners. All the vehicles are covered by the insurance. They sustained injuries, of va...
New Tech Pesticides Ltd., Rep. by Its Manager (Marketing) T.E.V. Sagar ...
Court: Andhra Pradesh
Decided on: Nov-08-2004
Reported in: I(2007)BC375
P.S. Narayana, J.1. This Criminal Appeal is filed against the order of acquittal recorded in C.C. No. 438 of 1997 on the file of the Court of III Metropolitan Magistrate, Vijayawada.2. The main contention raised by the learned counsel for the appellant is that the presumption under Section 139 of the Negotiable Instruments Act, 1881(hereinafter in short for 'the Act' for the purpose of convenience) would come into play and the counsel would contend that in Para No. 5 of the notice, it was stated that the accused was due to the complainant to a tune of Rs. 56,919-35ps and in lieu of discharge of the amount due, a cheque for Rs. 50,000/- was issued and hence acquittal recorded by the learned Magistrate cannot be sustained.3. The appellant-complainant filed C.C. No. 438 of 1997 stating that the accused purchased pesticides from it on credit basis by opening khata. To discharge the debt, the accused issued a cheque for Rs. 50,000/- on 25-11-1996 drawn on Chaitanya Grameena Bank, Koppanuru,...
Mic Electronics Ltd. Vs. Union of India (Uoi) and ors.
Court: Andhra Pradesh
Decided on: Nov-08-2004
Reported in: 2004(6)ALD805; 2005(2)ALT382
ORDERA. Gopal Reddy, J.1. Bharat Sanchar Nigam Limited (BSNL) invited sealed tenders for supply of (1) WLL CDMA 2000 IX (PACKAGE-I) and (2) WLL CDMA 2000 DC INTEGRATED FWTs (PACKAGE-II) through Notice Inviting Tender No. MM/SW/ 072004/000277 dated 15-7-2004. The petitioner-company claiming to be a small scale industry manufacturing various electronics and telecommunication network systems registered with the National Small Industries Corporation Limited (NSIC) with a monetary limit of 703 lakhs under Ref. No. NSIC/ HYD/GP/17(M-78)/2004/9398 dated 12-5-2004 responded to the Notice Inviting Tender (NIT) and submitted its tender claiming benefit of exemption from payment of bid security up to the amount equal to the monetary limit as certified by NSIC as per Clause 12 of Section-II (Instructions to Bidders) of NIT, which reads as under:'12. BID SECURITY:12.1(i). Pursuant to Clause 7, the bidder shall furnish, as part of his bid , a bid security for an amount of Rs.2,00,000,00/- (Rupees tw...
St. Mary's College of Engineering and Technology Vs. All India Council ...
Court: Andhra Pradesh
Decided on: Nov-08-2004
Reported in: 2005(1)ALD414
ORDERV.V.S. Rao, J.1. The petitioner-College was established by Joseph Sriharsha and Mary Indraja Educational Society, Hyderabad. The All India Council for Technical Education, New Delhi, first respondent (for brevity, 'the AICTE'), granted approval on 19-2-2000 in four branches of Engineering with intake of 180 in all the branches. Subsequently, on 21-9-2001, four additional branches with additional intake were approved by the AICTE. As per the All India Council for Technical Education (Grant of Approval for Starting New Technical Institutions, Introduction of Courses or Programmes and Approval of Intake Capacity of Seats for the Courses or Programmes) Regulations, 1994 (hereinafter called, 'the Regulations') as amended from time to time, an educational agency has to furnish Fixed Deposit Receipt (FDR) in a sum of Rs. 50,00,000/- (Rupees fifty lakhs only) in the joint account of the Regional Office and the concerned educational institution. The petitioner, it is not denied, submitted ...
Khasim Saheb Vs. S. Hanumanthu
Court: Andhra Pradesh
Decided on: Nov-08-2004
Reported in: 2005(1)ALD596; 2005(1)ALT507
ORDERD.S.R. Varma, J.1. This Civil Revision Petition, by the plaintiff, is directed against the order, dated 20-10-2003, passed by the Junior Civil Judge, Pattikonda, Kurnool District, in C.F.R. No. 2428 of 2003, in an un-numbered Original suit, insisting for payment of stamp duty and penalty on the suit document, which is an agreement of sale, for registering the plaint, at the time of registration of the plaint as a suit.2. The facts, as could be seen from the impugned order, are that the petitioner herein had instituted the suit for specific performance of an agreement of sale against the respondent herein on the basis of an agreement of sale dated 17-6-1992. Office of the Court below took an objection as to the maintainability of the suit stating that the suit document i.e., agreement of sate dated 17-6-1992, is a sale deed in the eye of law and not an agreement of sale simpliciter inasmuch as the recitals in the agreement of sale show that the property was delivered to the petitio...
K. Somasekhar Rao Vs. District Co-operative Officer/Joint Registrar of ...
Court: Andhra Pradesh
Decided on: Nov-08-2004
Reported in: 2005(2)ALD85; 2005(2)ALT532
ORDERB. Prakash Rao, J.1. Since all these writ petitions involved common question of law, they have been taken up together, at the instance of the Counsel appearing on behalf of the parties from both sides.2. Heard Sri Nandigam Krishna Rao, leading on behalf of the other Counsel appearing on behalf of the petitioners and learned Government Pleader for Co-operation and Agriculture.3. In all these writ petitions the petitioners herein by way of writ of mandamus seeking declaration that the proceedings issued by the respondent appointing persons-in-charge to the Primary Agricultural Co-operative Societies in the State of A.P. in the place of the elected chairman of the persons-in-charge committees, as illegal and arbitrary and violative of principles of natural justice, apart from being in the teeth of the principles and directions given by the Division Bench of this Court in M. Ranga Reddy v. State of A.P., : AIR1989AP81 , and to further direct the respondents to continue the petitioners...
i. Praveen Kumar and anr. Vs. Sri Balaji Onion Co. and ors.
Court: Andhra Pradesh
Decided on: Nov-08-2004
Reported in: 2005(1)ALD(Cri)803; I(2006)BC117; [2005]125CompCas186(AP)
C.Y. Somayajulu J.1. Heard learned counsel for the petitioners. No representation on behalf of respondent No. 1, though served.2. Since parties to these petitions are the same and since common questions of law and fact arise in these cases, they are being disposed of by a common order.3. The first respondent filed private complaints against the petitioners and M/s. Vijaya Traders (A-1) alleging that in connection with the business transactions between it and A-1, the petitioners stood surety for the amounts due and payable by A-1, and for the amounts due to it, A-1 gave cheques drawn on the Syndicate Bank, Malakpet, Hyderabad, which when presented for payment were returned with endorsements 'account closed' and that in spite of statutory notices under Section 138(b) of the Negotiable Instruments Act, 1881 ('the Act'), being sent to A-1 and the petitioners, they failed to pay the amount covered by the dishonoured cheques and, so, A-1 and the petitioners are liable for punishment under S...
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