Andhra Pradesh Court July 2004 Judgments
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Venkateshwara Wines Vs. Superintendent of Prohibition and Excise and o ...
Court: Andhra Pradesh
Decided on: Jul-16-2004
Reported in: 2004(4)ALD681; 2004(4)ALT495
ORDERS. Ananda Reddy, J.1. This writ petition is filed by the petitioner aggrieved by the impugned order passed by the first respondent dated 6.7.2004 under which the licence of the petitioner was suspended on certain irregularities said to have been committed by him with reference to which, the first respondent proposed to conduct enquiry. Pending enquiry, the licence of the petitioner was suspended.2. The main contention of the petitioner is that the first respondent exercised the power under Section 31(1)(e) of Andhra Pradesh Excise Act, 1968 (for short 'the Act'). But, while exercising the said power under Section 31(1)(e) of the Act, the first respondent failed to follow the proviso, which contemplates for issuance of a notice before suspending the licence. As the first respondent failed to follow the said proviso and also failed to comply with the principles of natural justice contemplated under the said proviso, the impugned order is liable to be set aside. The learned Counsel f...
Visakha Public Telephone Attendants Welfare Association, Represented b ...
Court: Andhra Pradesh
Decided on: Jul-16-2004
Reported in: 2004(5)ALD116; [2004(102)FLR1200]; (2005)ILLJ374AP
ORDERV.V.S. Rao, J.1. A short but interesting question arises for consideration in this writ petition filed by Visakha Public Telephone Attendants Welfare Asociation, Visakhapatnam ('Association' for brevity). Whether STD Public Telephone Booth Agent is required to get registered under Section 3(1) of A.P. Shops & Establishments Act, 1988 ('the Act' for short) when such Agent is only running the Telephone Booth on behalf of the Department of Telecommunications, Government of India, and holds moneys collected in trust? Before considering the question, it would be necessary to refer to the facts albeit in brief - as disclosed in the affidavit accompanying the writ petition as well as, to some extent admitted in the counter affidavit filed on behalf of the respondents. 2. Members of the petitioner association were appointed as STD Public Telephone Agents in the city of Visakhapatnam. They were required to execute agreement for provision of STD booth. The agreement is valid for one year. C...
Apsrtc Vs. Chamarthi Siddi Raju
Court: Andhra Pradesh
Decided on: Jul-16-2004
Reported in: 2004(5)ALD595
C.Y. Somayajulu, J.1. Respondent who suffered injuries in an accident caused due to the rash and negligent driving of the driver of the bus belonging to the appellant, filed a claim petition seeking compensation of Rs. 1,00,000/- from the appellant and examined himself as P.W.1 and another witness as P.W.2 and marked Exs.A-1 to A-5 on his behalf. Appellant, who contested the claim, examined one witness as R.W.1 but did not adduce any documentary evidence. The Tribunal having held that the accident occurred due to the rash and negligent driving of the driver of the bus of the appellant, awarded Rs. 67,500/- as compensation to the respondent. Aggrieved thereby, this appeal is preferred by the owner of the bus involved in the accident.2. The points that arise for consideration are:(1) Whether the accident occurred due to the rash and negligent driving of the driver of the bus belonging to the appellant?(2) To what compensation, if any, is the respondent entitled to?Point No. 1:3. The case...
Diamond Cables Ltd. and ors. Vs. State of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Jul-16-2004
Reported in: 2004(2)ALD(Cri)305; 2004CriLJ4100
ORDERB. Seshasayana Reddy, J.1. This Criminal Revision case is directed against the order dated 7-10-2003 passed in Crl. M.P. No. 3779 of 2003 in C.C. No. 1020 of 2002 on the file of XXIII Metropolitan Magistrate, Hyderabad by which the learned Magistrate dismissed the application filed by the petitioners under Section 239, Cr.P.C.2. Briefly, the facts are that the petitioners are A1 to A5 in the said C.C. The said C.C. arises out of a complaint presented by R2-M/S. Nagarjuna Construction Company Limited, which formed the basis for registering a case in Crime No. 630 of 2002 under Sections 403, 406, 409 and 420 of IPC. The complaint averments are that M/s. Diamond Cables Limited (petitioner No. 1 herein) agreed to supply the following materials to the complainant :1. 600 KM AAA Rs. 27650 1,65,90,000Conductors per KMfor Price2. ACSR Panther Rs. 67,500 87,7501.3 KM per KM3. ACSR Zebra Rs. 1,23,500 2,61,8202.12 KM per KM The complainant was supposed to make the payment through a letter of...
Nagisetty Nagaiah Vs. State of A.P. and anr.
Court: Andhra Pradesh
Decided on: Jul-16-2004
Reported in: 2004(2)ALD(Cri)455; 2004CriLJ4107
ORDERC.V. Ramulu, J.1. The only point that is urged by the learned counsel for the appellant was that the lower Court erred in coming to the conclusion that Ex.P1 cheque was not issued for the discharge of legally enforceable debt, since the complainant appellant failed to discharge his initial burden by establishing that Ex.P1 was issued for discharge of a legally enforceable debt or liability and as such, the presumption under Section 139 of the Negotiable Instruments Act (for short 'the Act') cannot be drawn.2. The parties are hereinafter referred to as arrayed by the trial Court. Though the complaint filed by the complainant was dismissed on several grounds, the said point alone was urged by the learned counsel for the appellant in this appeal. The trial Court in view of the reported decisions of this Court in B. Mohan Krishna v. Union of India, 1996 Cri LJ 636 and C.B. Lingam v. Vitta Murali Krishna Murthy, (1997) 2 Andh LT (Crl) 100, held that the initial burden is on the accused...
Nirdosh Enterprises Vs. State of A.P., Rep. by Public Prosecutor and a ...
Court: Andhra Pradesh
Decided on: Jul-16-2004
Reported in: 2004(2)ALD(Cri)298; 2004(4)ALT507
B. Seshasayana Reddy, J.1. This Criminal Appeal is directed against the judgment dated 30-11-2001 passed in C.C. No. 529 of 1999 on the file of III Metropolitan Magistrate, Hyderabad, by which the learned Magistrate dismissed the complaint and acquitted the accused-Dr. D. Sudhakar, Managing Director of M/s. Centuary Gardens (P) Limited under Section 255(1) Cr.P.C. for the offence under Section 138 of N.I. Act.2. The appellant and R-2 are the complainant and the accused respectively in C.C. No. 529 of 1999. The complainant presented a complaint before the III Metropolitan Magistrate, Hyderabad against the accused alleging, inter alia, that the accused as the Managing Director of M/s. Centuary Gardens Private Limited borrowed an amount of Rs. 1,00,000/- on 14-3-1997 from the complainant finance company under a loan account bearing No. K 1868/P2 and agreed to pay the said loan amount along with interest @ 2.5 per cent per month and executed all the necessary documents. The accused paid an...
Uttar Pradesh State Road Transport Corporation, Rep. by Its Managing D ...
Court: Andhra Pradesh
Decided on: Jul-15-2004
Reported in: 2004(4)ALT498
B. Sudershan Reddy, J.1. The core question that falls for our consideration is as to whether a writ petition under Article 226 of the Constitution of India is maintainable to resolve the disputes arising out of concluded commercial contractual obligations between a citizen and the State or its instrumentalities even in cases where the contract itself provides for the Forum to resolve the disputes.2. Shorn of all the details, the appellant-U.P. State Transport Corporation invited tenders in September, 1997 for printing and supply of 72,00,000 blank ticket books and 1,05,300 way bills pads for its use. That in response to the invitation, the respondent/writ petitioner vide dated 20-9-1997 offered to supply the said quantity of blank ticket books and way bills and furnished two demand drafts issued by the Canara Bank, Abids Branch, Hyderabad for a sum of Rs. 98,000/- and Rs. 28,080/- towards the EMD for blank ticket books and way bills respectively. On 29-9-1997 the respondent/writ petiti...
Vysya Bank Ltd. Vs. Chairman, Industrial Tribunal-i and anr.
Court: Andhra Pradesh
Decided on: Jul-15-2004
Reported in: 2004(5)ALD146; 2004(5)ALT134; (2004)IIILLJ1062AP
ORDERD.S.R. Varma, J.1. Heard both sides.2. The award of the Industrial Tribunal in directing the Management-respondent to reinstate the workman without attendant benefits and back wages is under challenge in this writ petition.3. For the sake of convenience, the petitioner and the Respondents 1 and 2 will be referred to as 'the management, the Tribunal and the workman' respectively. The management is a Nationalized Bank. The workman was a member of sub-staff. The charge levelled against, the workman is that he removed some amount on a particular day and was restored, however, on the same day, perhaps this charge amounts to temporary misappropriation, coupled with some element of theft. A charge-sheet was issued and a regular domestic enquiry had been conducted and in the enquiry the workman was found guilty for various reasons.4. On behalf of the management some witness were examined and the workman was also given an opportunity of being defended by a competent person of his choice. D...
K. Narsimhan Vs. Maturi Venkata Subba Rao Engineering College and anr.
Court: Andhra Pradesh
Decided on: Jul-15-2004
Reported in: 2005(2)ALD428; 2005(2)ALT538
ORDERG. Rohini, J.1. The petitioner seeks a declaration that the impugned proceedings dated 15-3-1994 whereunder the petitioner was sought to be superannuated on completion of 58 years on 11-2-1994 as arbitrary and illegal. He seeks a further declaration that the age of superannuation shall be 60 years and therefore the respondents shall be directed to continue him in service till he attains the age of 60 years.2. The petitioner was appointed to the non-teaching post of Lab Assistant in the first respondent College on 1-1-1984. This writ petition is filed aggrieved by the proceedings of the Principal of the first respondent College dated 15-3-1994 whereunder the petitioner was informed that since he has attained the age of superannuation i.e., 58 years on 11-2-1994, as per the rules in force he is relieved of his duties with effect from 28-2-1994 AN. His case is that the first respondent which is an unaided college and affiliated to the 2nd respondent - Osmania University, is governed ...
Singireddy Yadi Reddy S/O. Myagham Reddy Vs. Singireddi Malla Reddy S/ ...
Court: Andhra Pradesh
Decided on: Jul-14-2004
Reported in: 2004(5)ALD121; 2004(6)ALT670
ORDERL. Narasimha Reddy, J.1. This civil revision petition is filed against the order dated 2.5.2000 in E.P. No. 52 of 1999 in O.S. No. 116 of 1981 passed by the learned II Additional Junior Civil Judge, City Civil Court, Hyderabad.2. The petitioner, the first respondent, and the third respondent, who is since dead, are brothers. The first respondent filed the suit for partition of the joint family properties shown in the suit schedule. A preliminary decree was passed on 20.03.1986 declaring that the three brothers are entitled to the share of one-third each in the suit schedule properties. I.A. No. 1226 of 1991 was filed for final decree proceedings. An advocate-commissioner was appointed and he, in turn, divided the properties into three parts viz. A, B and C. The trial Court, ultimately, allotted Plot A to the third respondent, Plot B to the petitioner and Plot C to the first respondent.3. The petitioner filed I.A. No. 697 of 1998 for appointment of a second Commissioner for locatin...
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