Andhra Pradesh Court December 2004 Judgments
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Labour Liberation Front, Rep. by Its President P. Narayana Swamy, S/O. ...
Court: Andhra Pradesh
Decided on: Dec-29-2004
Reported in: 2005(1)ALT740
ORDERL. Narasimha Reddy, J.1. In a way and in a sense, this writ petition demonstrates the extent to which the institutions of ancient origin as well as the concept of public interest litigation have become vulnerable. It also indicates the abyssal levels, to which the norms of journalism have drifted.2. The petitioner claims to be a registered organization, with an object of espousing the causes of labourers. It filed the writ petition seeking a direction to the respondents, viz. the authorities of Labour and Police Departments, to take immediate action in respect of criminal cases filed against Suryalaxmi Cotton Spinning Mill, Mahaboobnagar, and violation of labour laws therein after calling for records. The basis or inspiration for filing this writ petition is said to be the items of news, published in various newspapers, during the months of November and December, 2004.3. Two workers of the mill, referred to above, are said to have died in the year 1998. Investigation into the same...
Aravala Chinnamanna and 9 ors. Vs. Bobbadi Chinnammadu
Court: Andhra Pradesh
Decided on: Dec-29-2004
Reported in: 2005(2)ALD78; 2005(2)ALT438
ORDERC.Y. Somayajulu, J.1. Respondent filed E.P.No.43 of 1989 in O.S.No.71 of 1986 on the file of the Principal Subordinate Judge, Srikakulam, seeking arrest of the revision petitioners for non compliance with the order dated 04-10-1988 in C.M.P.No.12983 of 1988 and C.M.P.15196 of 1988 in A.S.No.2248 of 1988 on the file of this Court, whereunder they were directed to pay certain amounts to the respondent. Revision petitioners filed a counter in E.P.No.43 of 1989 contending that the order dated 04-10-1988 in C.M.P.No.12983 of 1988 and C.M.P.15196 of 1988 is not an executable order.2. After recording the evidence of the respondent and the ninth revision petitioner and after taking into consideration the documents produced by them, the Executing Court overruled the objections of the revision petitioners and directed their arrest. Hence, this revision contending that since the order dated 04-10-1988 in C.M.P.No.12983 of 1988 and C.M.P.15196 of 1988 is not a decree within the meaning of Sec...
All India Crochet Lace Exporters Asscociation, Rep. by Its General Sec ...
Court: Andhra Pradesh
Decided on: Dec-29-2004
Reported in: 2005(2)ALD409; 2005(3)ALT737; (2005)IILLJ781AP
ORDERP.S. Narayana, J.1. All India Crochet Lace Exporters Association, represented by its General Secretary, filed the present Writ Petition praying for a writ of mandamus declaring that the artisans who knit the laces and sell the same to an exporter can never be deemed as 'workman' or 'employee' of such purchaser within the meaning of any of The A.P. Shops and Establishments Act, 1988, The Minimum Wages Act, 1948 or the A.P.Labour Welfare Fund Act, 1987 having regard to the special nature of service of exporters such as collecting the lace pieces, exporting them to foreign countries and earning foreign exchange cannot be deemed as an establishment; that therefore either the artisans who do the lace work during his/her idle time by their special art or the persons who purchase such lace pieces and export them cannot be governed for any rights or liabilities by either The Shops and Establishments Act, 1988, The Minimum Wages Act, 1948 or the A.P. Labour Welfare Fund Act, 1987; that the...
V. Lalitha D/O. V.Y. Somayajulu and V.B. Subramanyam S/O. V.Y. Somayaj ...
Court: Andhra Pradesh
Decided on: Dec-29-2004
Reported in: 2005(1)ALD688; 2005(2)ALT590
ORDERP.S. Narayana, J.1. The petitioners filed the present Writ Petition for issuance of an appropriate writ, order or direction more in the nature of writ of mandamus declaring the action of the 2nd respondent in limiting the social status certificate dated 26-10-1996 issued to the petitioners as being valid for educational purpose only as illegal, arbitrary and unconstitutional and issue consequential direction that the petitioners are entitled to be treated as Bhagatha caste which is a Scheduled Tribe for all purposes including education, service etc., and pass such other suitable orders.2. Sri D.V.Sitharam Murthy, the learned Counsel representing the respondents had taken this Court through the averments made in the affidavit filed in support of the Writ Petition and also certain interim orders which were made and subsequently vacated. The learned Counsel also had drawn the attention of this Court to the caste certificate issued by the Mandal Revenue Officer, Koyyuru and would cont...
Syed Ali Quadri Vs. District Collector and ors.
Court: Andhra Pradesh
Decided on: Dec-29-2004
Reported in: 2005(1)ALT631
Devinder Gupta, C.J.1. The appellant is aggrieved by the dismissal of the writ petition. Appellant alleged that he is the absolute owner of the lands bearing Sy. Nos. 54 and 55 of Gudimalkapur village, corresponding to T.S. No. 36, MCH No. 12-2-342, admeasuring Ac. 2.12 guntas, situated at Syed Ali Guda, Hyderabad. Appellant's case is that since lands are in the custody of the Government, he had filed a petition in Case No. B/1464/ 2000 before 2nd respondent to conduct Inam enquiry and to confirm the grant in his favour in respect of the lands. The said proceedings were disposed of on 6-6-2002 with direction to the petitioner-appellant to get a succession certificate. Petitioner approached the Civil Court and filed suit for declaration, which is pending. Pending said litigation, petitioner made request to respondents 1 and 2, in whose custody the land is, to ensure that the property is kept in tact free from all encroachments and since respondents failed to do the same, writ petition w...
Akula Rajaiah and ors. Vs. Kannamalla Krupamma and ors.
Court: Andhra Pradesh
Decided on: Dec-29-2004
Reported in: 2005(2)ALD41; 2005(2)ALT457
ORDERC.Y. Somayajulu, J.1. Respondents filed a suit seeking a decree of perpetual injunction restraining the revision petitioners and their men from interfering with their possession over the Ac.0.05 guntas of land specified in the plaint schedule (suit land), which is being contested by the revision petitioners, by filing written statement. After respondents closed their evidence and when the case is posted for cross-examination of DW. 1, revision petitioners filed a petition seeking leave of the Court to amend their written statement which was opposed by the respondents. The Trial Court, by the order under revision, dismissed the said petition for amendment of the written statement. Hence, this revision.2. The main contention of the learned Counsel for the revision petitioners is that since one of the amendments sought is only a correction of the typographical error that crept in and since the other amendments sought are the explanations of the facts earlier pleaded by the revision p...
Gomi Bai and ors. Vs. Uma Rastogi and anr.
Court: Andhra Pradesh
Decided on: Dec-29-2004
Reported in: 2005(2)ALD631
V.V.S. Rao, J.I. Introduction1. The two appeals arise out of the common judgment and decree dated 19.11.1993, in O.S. No. 209 of 1983 on the file of the Court of Principal Subordinate Judge, Ranga Reddy District, at Saroornagar. These appeals were heard together and are being disposed of by this common judgment.2. Smt. Uma Rastogi (hereafter called, the appellant) filed the suit being O.S.No. 209 of 1983 for specific performance of agreement of sale of immovable property entered into on 2.3.1971 with Defendants 1 to 4 (hereafter called, the respondents). The Trial Court held in her favour on the question of validity of oral agreement of sale. It, however, granted alternative relief of compensation as prayed by the appellant. Aggrieved by the judgment and decree in holding that the appellant proved the agreement and also awarding compensation to her, Defendants 1, 3, 4, 6 and 8 filed A.S. No. 209 of 1994. Aggrieved by judgment and decree in awarding only compensation and denying decree ...
Challappli Ravi and ors. Vs. B. Krupanandam, Ias, Industries and Comme ...
Court: Andhra Pradesh
Decided on: Dec-28-2004
Reported in: 2005(1)ALD356
B. Sudershan Reddy, J.1. It i universally agreed amongst the Democratic States that 'Rule of Law' is a vital element in a free democracy. This principle is enshrined in our Constitution and jealously guarded by the Courts. The very concept of 'Rule of Law' encompasses a just legal system and a just legal system has rules, and principles that are understood by those applying them. The rules apply to all persons. No one should be above the law, and all people should be treated equally as Lord Denning recalled Thomas Fuller's words 'Be you never so high, the law is above you'.Professor Dicey, observed:'When we speak of the 'rule of law' as a characteristic of our country, not only that with us no man is above the law but that every man, whatever be his rank or condition, is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary Tribunals. In England the idea of legal equality, or the universal subjection of all classes to one law administered by the ordi...
Challapalli Ravi and ors. Vs. Sri B. Krupanandam, I.A.S., Secretary, I ...
Court: Andhra Pradesh
Decided on: Dec-28-2004
Reported in: 2005(1)ALT249
ORDERB. Sudershan Reddy, J.1. It is universally agreed amongst the Democratic States that 'Rule of Law' is a vital element in a free democracy. This principle is enshrined in our Constitution and jealously guarded by the Courts. The very concept of 'Rule of Law' encompasses a just legal system and a just legal system has rules, and principles that are understood by those applying them. The Rules apply to all persons. No one should be above the law, and all people should be treated equally as Lord Denning recalled Thomas Fuller's words 'Be you never so high, the law is above you'.Professor Dicey, observed:'When we speak of the 'rule of law' as a characteristic of our country, not only that with us no man is above the law but that every man, whatever be his rank or condition, is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals. In England the idea of legal equality, or the universal subjection of all classes to one law administered by th...
V. Narayana Swamy Reddy, S/O. Late Thippa Reddy, Inspector of Police, ...
Court: Andhra Pradesh
Decided on: Dec-28-2004
Reported in: 2005(3)ALD416; 2005(2)ALT52
ORDERG. Bikshapathy, J.1. V. Narayana Swamy Reddy and others filed Writ Petition No.12348 of 2004 questioning the interim order dated 5.5.2004 as extended by order dated 14.5.2004 passed by A.P. Administrative Tribunal (for short Tribunal) in O.A. Nos. 2928 of 2004 and batch. The said writ petitioners also filed Writ Petition No.12349 of 2004 praying for a Writ of Certiorari to call for records relating to and connected with judgment of the Tribunal dated 20.11.2001 rendered in OA.No.6915 of 1994 and quash or set aside the same and also declare the Government Memo No.42833/Police-C1/2001-1, Home (Police-C) Department, dated 11.3.2002 and the Head of the Department orders in C.O. Memo No.855/E1/2002 dated 18.6.2002 as illegal, arbitrary, unconstitutional and violative of provisions of Andhra Pradesh Public Employment (Organisation of local cadres and regulation of direct recruitment) Order, 1975 and to further direct the official respondents to regulate the cadre of Sub-Inspectors in Zo...
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