Andhra Pradesh Court September 2004 Judgments
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Etikoppakka Co-operative Agricultural and Industrial Society Ltd. Vs. ...
Court: Andhra Pradesh
Decided on: Sep-24-2004
Reported in: 2004(6)ALD316; 2004(6)ALT288
Bilal Nazki, J. 1. These two writ petitions and the writ appeal raise same question of law and therefore they are being disposed of by the common judgment.WP No. 10537 of 2002 2. The petitioner in this case submitted that he was working as a Clerk in the Cooperative Sugar Factory since 1963. His post belongs to the category of workman but does not belong to supervisory category. He contended that as per the provisions of the Sugar Wage Board recommendations incorporated in the bye-laws of the 2nd , respondent, the age of retirement of an employee is 60 years. The Government of Andhra Pradesh issued G.O. Ms. No. 396, dated 3.9.1990, wherein it had clarified that the workmen in Co-operative Sugar Factories are entitled to continue in service up to 60 years of age, though the non-workmen are not entitled to that benefit. The 1st respondent also issued proceedings on 13.12.1993 addressed to the 2nd respondent to that effect. Petitioner claims to be a workman and submits that he was entitle...
Gowthami Solvent Oils Ltd. Vs. Oil and Natural Gas Commissioner, K.G. ...
Court: Andhra Pradesh
Decided on: Sep-24-2004
Reported in: 2004(6)ALD659; 2004(6)ALT552
Bilal Nazki, J.1. This is a revision petition filed against an order of learned Prl. Senior Civil Judge, Rajahmundry in O.P. No. 90 of 1994, which was filed under Sections 12 and 17 of the Arbitration Act, 1940 (for short 'the Act') for appointment of an Arbitrator to arbitrate the dispute that has arisen in respect of terms and conditions of an agreement dated 19.5.1987 entered into between the parties.2. The facts leading to filing of OP No. 90 of 1994 were that the respondent herein entered into an agreement on 19.5.1987 with the revision petitioner for supply of natural gas for commercial purposes. In between the parties a dispute arose and in terms of an arbitration clause 15.01 in the agreement, the matter was referred to arbitration. One A.T. Thomas was appointed who could not conclude the arbitration proceedings within four months and he requested the parties to give their consent for extension of time for passing an award. The revision petitioner declined, by a letter dated 20...
Chief Engineer, Telecom Civil Zone and ors. Vs. I.B.P.L. Narasamma
Court: Andhra Pradesh
Decided on: Sep-24-2004
Reported in: 2005(1)ALD200; 2004(6)ALT468
Bilal Nazki, J.1. This reference arises out of an order of a Division Bench of this Court dated 6-1 -2003. While considering WVMP No. 3828 of 2002 in WP No. 7520 of 2002, the Court made the reference. It was submitted by the learned Counsel appearing for the parties that the matter was covered by a Division Bench judgment of this Court, dated 20-9-2001, in Writ Petition No. 1540 of 2000 and Batch. The Division Bench felt that the main question in the matter was regarding interpretation of OM. No. l3(l)-IC/91, dated 19-10-1994 as to whether the Draughtsmen in Grade-III would be automatically placed in Grade-II after putting in four years of service or it is independent or there are any other accompanying circumstances like normal eligibility and availability of posts. The Division Bench felt that the judgment of the earlier Division Bench had not considered this question, therefore, the Division Bench thought it desirable that the matter be heard by a Full Bench.2. Now before coming to ...
Vankayalapati Bharathi and ors. Vs. Shaik YasIn and anr.
Court: Andhra Pradesh
Decided on: Sep-24-2004
Reported in: III(2005)ACC143; 2005(2)ALT452; [2005(106)FLR460]
L. Narasimha Reddy, J.1. This C.M.A., is filed under Section 30 of the Workmen's Compensation Act (for short 'the Act'), against the order, dt. 25-2-1999, in W.C.No. 84 of 1995 on the file of the Commissioner for Workmen' Compensation and Assistant Commissioner of Labour-II, Guntur (hereinafter referred to as 'the Commissioner').2. The appellants submitted a claim before the Commissioner alleging that late Srinivasa Rao, the husband of the 1st appellant and father of appellants 2 and 3, was employed as a driver with the 1st respondent to work on a jeep bearing No. AP 7U/271. According to them, he left the house on 25-5-1993, at 5.30 p.m., and did not return even after six days. It is stated that in the local newspapers the photo of an unidentified dead body found in the limits of Dornala Police Station was published and on noticing that it was that of Srinivas Rao, they went to the place and it emerged that he was killed few days back. They claimed compensation of Rs. 1,00,000/- by ple...
Gorla Obula Reddy Vs. K. Raj Gopal Reddy and the Divisional Manager, U ...
Court: Andhra Pradesh
Decided on: Sep-23-2004
Reported in: II(2005)ACC314; 2004(6)ALD534; 2004(6)ALT690; [2005(104)FLR472]
L. Narasimha Reddy, J.1. This civil miscellaneous appeal is filed under Section 30 of the Workmen's Compensation Act, 1923 (for short 'the Act') assailing the order dated 05.05.2003 passed by the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Kadapa (for short 'the Commissioner') in W.C.No. 24 of 2002. The appellant raised a claim before the Commissioner alleging that he was employed as a labourer under the first respondent to work on his tractor bearing No.AP 04E 3263, and on 02.06.2002 at about 07.30 p.m., the tractor met with an accident on Ramapuram-Dinnepadu road, resulting in amputation of his right fore arm. The tractor was insured with the second respondent. He claimed compensation under the provisions of the Act. He pleaded that he was being paid remuneration at Rs.120/- per day and that his age was 28 years at the time of accident.2. The first respondent did not contradict the contents of the application filed by the appellant. The second respon...
D. Balamurali Vs. Ntr University of Health Sciences and anr.
Court: Andhra Pradesh
Decided on: Sep-23-2004
Reported in: 2004(6)ALD291; 2004(6)ALT617
ORDERV.V.S. Rao, J.1. The petitioner herein appeared for Engineering, Agricultural and Medical Common Entrance Test, 2004 (EAMCET-2004). He obtained rank 2535. Pursuant to the notification issued by N.T.R. University of Health Sciences, the first respondent herein, the petitioner submitted application claiming admission in one of the seats reserved for BC-D category. The petitioner claims that he belongs to Yadav (Golla) caste and therefore he is entitled to seek reservation in BC-D category. After verifying his application, the first respondent issued a registration-cum-verification form informing that as the petitioner is migrant child from other States, he is not eligible for reservation under BC quota in Andhra Pradesh. Assailing the same, the petitioner filed the writ petition seeking a declaration that the registration-cum-verification form issued by first respondent is illegal and arbitrary. He also seeks a direction to respondents to consider the petitioner's case as a local ca...
Maruthi Industries, Timber Merchants Vs. Divisional Railway Manager (W ...
Court: Andhra Pradesh
Decided on: Sep-23-2004
Reported in: 2004(6)ALD544
ORDERV.V.S. Rao, J. 1. The petitioner impugnes the proceedings of the first respondent dated 25.3.1998, whereby and whereunder the petitioner was asked to remit a sum of Rs.1,52,129/- (Rupees one lakh fifty two thousand one hundred and twenty nine only) towards revised licence fee with effect from 1.4.1986, failing which action would be taken for forfeiture of security deposit and initiate proceedings for evicting the petitioner from railway land. The petitioner also seeks a direction to Respondents 1 and 2 to fix the market value of the land in Survey No.2001 as per valuation report dated 16.1.1998 of the Sub-Registrar, Kavali and redetermine the arrears of licence fee payable by the petitioner.2. The petitioner obtained licence for use of the railway poramboke site admeasuring 1,845 square meters in Survey No.2001 of Kavali Bit II Village with permission to erect a temporary shed for running a sawmill in the name and style of M/s.Maruthi Industries Timber Merchants. As per the terms ...
Om Sai Builders and Constructions and ors. Vs. Iii Senior Civil Judge, ...
Court: Andhra Pradesh
Decided on: Sep-23-2004
Reported in: 2004(6)ALD579
L. Narasimha Reddy, J.1. This C.M.A is filed against the order, dated 20.9.2000, passed by the III Senior Civil Judge, City Civil Court, Secunderabad, in I.A.S.R. No. 7623 of 2000 in LA. No. 1054 of 1997 in O.S. No. 314 of 1997. Through the order under appeal, the Trial Court ordered detention of the third appellant herein, in civil prison, in exercise of its powers under Rule 2(A) of Order 39 Civil Procedure Code (C.P.C).2. Respondents 3 to 6 and another person by name Smt. T. Aruna, constituted a partnership firm, the second respondent herein. They entered into a development agreement with the first appellant for construction of a multi-storied complex in premises bearing No. 12-1-505, Laxminagar, Lalapet, Secunderabad. Disputes arose in the matter of working out the contract. The Respondents 2 to 6, and the other partner filed O.S. No. 314 of 1997 against the appellants for the relief of (a) recovery of sum of Rs. 6,72,800/- and (b) perpetual injunction in respect of suit (B), (C), ...
Mygapulla Satyanarayana Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Sep-23-2004
Reported in: I(2005)DMC489
P.S. Narayana, J.1. Mygapula Satyanarayana, accused No, 1, who is the sole appellant, filed the present criminal appeal, aggrieved by the conviction and sentence imposed by the learned II Additional Sessions Judge, West Godavari, Eluru, in Sessions Case No. 348 of 1997 dated 25.9.1998.2. The case of the prosecution is that one Venkata Satyavathi, aged 19 years, is the daughter of Borra Nageswara Rao and Borra Seetharatnam, A-l is the son of A-2 and A-3. A-4 is the daughter of A-2 and A-3 and sister of A-l. A-l is the husband of the deceased. A-2 and A-3 are father-in-law and mother-in-law of the deceased respectively. The marriage between Mygapula Satyavathi and A-l was celebrated on 25.1.1996 at the temple of Lord Venkateswaraswamy situated at Annavarappadu village of Peravali Mandal. At the time of marriage, Borra Nageswara Rao agreed to pay Rs. 20,000/- as dowry to the accused, as per the demand of the accused. But due to insufficient funds, he gave Rs. 10,000/-, at the time of the ...
Dr. J. Ramachandra Rao Vs. Andhra Pradesh State Civil Supplies Corpora ...
Court: Andhra Pradesh
Decided on: Sep-22-2004
Reported in: 2004(6)ALD682; [2005]125CompCas122(AP)
ORDERV.V.S. Rao, J.1. In this Writ Petition the three petitioners are praying this Court to issue a Writ in the nature of Writ of Mandamus directing respondents 1, 2 and 5 to pay a sum of Rs.1,29,19,683.00 (Rupees one crore twenty nine lakhs nineteen thousand six hundred and eighty three only), i.e., principal sum of Rs.52,00,000 (Rupees fifty two lakhs) with interest at 19.5% with quarterly rests from 28.2.1993 to 31.12.1998 and subsequent interest at the same rate till the date of payment to the third respondent bank towards the loan payable by the fourth respondent company to third respondent bank in Original Application No.58 of 1997 before the Debts Recovery Tribunal (DRT), Bangalore.2. The second petitioner is wife and third petitioner is brother of first petitioner. First petitioner is Managing Director and petitioners 2 and 3 are Directors of fourth respondent - M/s.Delta Oil and Fats Limited (hereafter called, the Company), which was promoted as joint venture with A.P.Civil Su...
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