Andhra Pradesh Court December 2005 Judgments
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Nagarapu Balaiah and ors. Vs. K. Venugopal and anr.
Court: Andhra Pradesh
Decided on: Dec-30-2005
Reported in: II(2006)ACC476; 2006(2)ALD409
G. Chandraiah, J.1. Heard both the Counsel.2. Not being satisfied with the compensation awarded by the Court of Motor Vehicles Accidents Claims Tribunal-cum-District Judge, Medak at Sangareddy in O.P. No.279/1998 dated 6-9-2001, the claimants filed this appeal.3. The brief facts of the case are that on 13-7-1998 at about 8 p.m., the deceased Nagamma and her husband, were returning to the village Kaidampally after purchasing house hold articles in the shandy and when they reached Kothatola, a truck bearing No.AP - 23-T-1490 came from behind and due to rash and negligent driving, dashed the deceased and she sustained injuries on lower stomach left side and she was shifted to Gandhi Hospital for treatment and there she died. The claimants, who are the husband and the children of the deceased in the claim petition stated that the deceased was supplying milk to a hotel at Alladurg and was getting Rs.2,100/- per month and she was also getting Rs.900/-per month by doing labour work. They also...
Mohd. Ali Shabbir Vs. Yousuf Ali and ors.
Court: Andhra Pradesh
Decided on: Dec-30-2005
Reported in: AIR2006AP160
ORDERC.Y. Somayajulu, J.1. Petitioner filed this petition questioning the election of the first respondent to Kamareddy Assembly Constituency, which was held during the A.P. General Election in 1999.2. The averments, in brief, in the petition, are during the general election for A.P. Legislative Assembly held in 1999, petitioner contested the election for 232 Kamareddy Assembly Constituency on behalf of the Indian National Congress, first respondent contested the same on behalf of Telugu Desham Party, second respondent on behalf of Bahujan Samaj Party, third and fourth respondents on behalf of other political parties and respondents 5 and 6 as independent candidates. Since first respondent has polled 63,949 votes as against 60,178 votes polled by the petitioner, he was declared elected in view of the narrow margin of 3,771 votes polled by him by indulging in corrupt practices as a candidate set up by the ruling Telugu Desham Party, which was in power by the time of 1999 General Electio...
Holy Faith International Pvt. Ltd. and ors. Vs. Dr. Shiv K. Kumar
Court: Andhra Pradesh
Decided on: Dec-30-2005
Reported in: AIR2006AP198; 2006(3)ALD216; 2006(3)ALT319; 2006(33)PTC456(NULL)
T. Ch. Surya Rao, J. 1. The second appeal is directed against the judgment and decree, dated 21-3-2005, passed by the learned DC Additional Chief Judge, City Civil Court (Fast Track Court), Hyderabad, in A.S. No. 168 of 2004.2. The unsuccessful defendants are the appellants. The respondent herein filed the suit in O.S. No. 872 of 1998 on the file of the VII Senior Civil Judge, Hyderabad, for recovery of money of Rs. 1,25,000/- with interest at 24% per annum against the defendants and that suit having been decreed by the trial Court by its judgment, dated 1-12-2003, the defendants carried the matter in appeal and under the impugned judgment and decree the appellate Court confirmed the judgment and decree passed by the trial Court. As aforesaid, the defendants are assailing the same.3. When the second appeal came up for admission, both the learned Counsel appearing for the parties agreed to address the arguments for final disposal of the appeal and accordingly arguments were addressed.4....
Yeleti Pedaveerraju and anr. Vs. Vanka Jayalakshmi and ors.
Court: Andhra Pradesh
Decided on: Dec-28-2005
Reported in: 2006(1)ALD642; 2006(1)ALT472
ORDERG. Chandraiah, J.1. Heard Sri G. Krishna Murthy, Counsel for the petitioners and Sri S. Ramachandra Rao, Counsel for the respondents.2. This petition is filed seeking transfer of O.S. No.161 of 2000 on the file of Principal Junior Civil Judge, Peddapuram to the Court of II Additional Judge, Rajahmundry for being tried along with O.S. No.7 of 2002.3. The 1st petitioner is the brother of 2nd petitioner. Their case in the affidavit filed in support of the transfer petition is that the 1st respondent filed O.S. No.161 of 2000 on the file of Junior Civil Judge, Peddapuram against the petitioners and Respondents 2 to 5 herein for permanent injunction, restraining them and their men from interfering with the plaint schedule, which is an extent of Ac. 1-80 cents covered by S.No.17/1C of Yerrampalem Village, Gondepalli Mandal, East Godavari District, basing on the will dated 19-6-2000, alleged to have been executed by late Yeleti Dhanayya, who is the father of the petitioners and 6th respo...
Gummadi Babu Rao and ors. Vs. Bharat Sanchar Nigam Ltd. and ors.
Court: Andhra Pradesh
Decided on: Dec-28-2005
Reported in: 2006(2)ALD461
ORDERL. Narasimha Reddy, J.1. The petitioners, who are working in various capacities in the Bharat Sanchar Nigam Limited (BSNL), seek a declaration that the order dated 8.11.2005, passed by the second respondent herein, communicating the decision, taken by the first respondent, as illegal, arbitrary, discriminatory and contrary to the orders, dated 13.7.2005, passed by this Court in W.P. No. 16015 of 2004 and Batch. The matter relates to relaxation of standards in Part-I examination for the post of Junior Accounts Officer (JAO).2. The next superior post for the petitioners is JAO. Appointment to that post is purely by way of promotion, but subject to passing of Part-I and II examinations, conducted for that purpose. The petitioners appeared in the Part-I examination held in the years 1999 and 2003. They did not secure the minimum qualifying marks. Drawing analogy from the relaxation granted by the respondents, in respect of the promotion to the post of Junior Telecom Officer (JTO), the...
Koppera Santha Kumar Vs. Koppera Suneetha W/O K. Santha Kumar and ors.
Court: Andhra Pradesh
Decided on: Dec-28-2005
Reported in: 2006CriLJ1094; II(2006)DMC655
ORDERG. Chandraiah, J.1. Heard both the counsel.2. As the parties are husband and wife and the subject-matter is connected in all the three petitions, they are being disposed of by this common order.3. The petitioner in Tr. Crl. P. No. 174/ 2005 and Tr. C.M.P. No. 406/2005 is the husband and the respondent in these two petitions is the wife. The petitioner in Tr. C.M.P. No. 426/2005 is the wife and the respondent, is the husband.4. For the sake of convenience, the parties will be referred to as husband and wife.5. Tr. Crl. P. No. 174/2005 is filed by the husband under Section 407 of Cr.P.C. seeking transfer of Crl. M.P. No. 1341/2005 in M.C. No. 29/1997 filed by the wife for enhancement of maintenance amount, on the file of III Additional Munsif Magistrate Court, Kakinada to the Family Court, Kurnool.6. The husband also filed Tr. C.M.P. No. 406/2005 seeking transfer of O.S. No. 828/2004 filed by the wife for maintenance on the file of II Junior Civil Judge, Kakinada to the Court of Jun...
Girijan Co-operative Corporation Ltd. and anr. Vs. Industrial Tribunal ...
Court: Andhra Pradesh
Decided on: Dec-28-2005
Reported in: 2006(2)ALD446
ORDERL. Narasimha Reddy, J.1. The second respondent was employed as Godown Clerk, in the petitioner Organisation. Alleging that the second respondent resorted to certain acts of misconduct, the petitioners initiated disciplinary proceedings against him, by issuing a charge-sheet dated 18.3.1997. A domestic enquiry was conducted and a report was submitted, by the enquiry officer, holding that the charges against the second respondent are proved. Ultimately, an order was passed on 3.4.1998, dismissing him from service.2. The second respondent raised an industrial dispute before the Industrial Tribunal-II, Hyderabad, for short 'the Tribunal'. It was initially numbered as I.D.No. 108 of 2000, and later on, renumbered as I.D.No. 73 of 2002. One of the contentions of the second respondent was that the domestic enquiry was not conducted, in accordance with law. A docket order was passed by the Tribunal on 2.7.2003, holding that the domestic enquiry did not accord with the principles of natura...
N. Appala Ram Vs. Commandant, Central Industrial Security Force, Cisf ...
Court: Andhra Pradesh
Decided on: Dec-27-2005
Reported in: 2006(2)ALD435
ORDERL. Narasimha Reddy, J.1. The petitioner was employed as Constable in the Central Industrial Security Force, in the year 1987. He was posted in the C.I.S.F. Unit of Visakhapatnam Steel Plant, in the night shift, of the intervening night of 21-11-2003 and 22-11-2003, at one of the gates. During the checking by two Inspectors of the C.I.S.F., it was noticed that six notes of Rs. 10/-denomination, were under the tablecloth, in the computer room. On this, the Deputy Commandant of the Unit issued a charge memo, dated 12-12-2003 to the petitioner. The petitioner submitted his explanation on 20-12-2003. On a consideration of the explanation, the Deputy Commandant, the 3rd respondent passed an order dated 31-12-2003, imposing the punishment of withholding of one increment, for a period of one year, without cumulative effect.2. About three months thereafter, the 1st respondent herein reviewed the matter suo motu, and passed an order dated 17-3-2004, cancelling the order dated 31-12-2003, wi...
Sofina M. and anr. Vs. State Bank of India and anr.
Court: Andhra Pradesh
Decided on: Dec-27-2005
Reported in: 2006(2)ALD455; [2006(109)FLR483]
ORDERL. Narasimha Reddy, J. 1. The first petitioner is the wife and second petitioner is the son of late Anthony. He had initially served the Armed Forces, and thereafter, was employed as Armed Guard, in the State Bank of India. He died on 24.1.2002, while in service. The first petitioner made an application to the respondents on 30.7.2002, with a request to appoint the second petitioner on compassionate grounds. The respondents addressed a letter, dated 21.8.2004, stating that the family of the petitioner cannot be said to be in penurious condition, and in view of the judgment of the Supreme Court on the subject, it is not possible to accede to the request of the petitioner. The letter dated 21.8.2004 is challenged in this writ petition.2. Heard the learned Counsel for the petitioners and learned Standing Counsel for the respondents.3. The scheme of providing appointment on compassionate grounds to the dependants of an employee, who died while in service, was framed and implemented in...
Grindwell Norton Ltd. Vs. Chairman-cum-presiding Officer, Industrial T ...
Court: Andhra Pradesh
Decided on: Dec-27-2005
Reported in: 2006(2)ALD444; [2006(109)FLR385]
ORDERL. Narasimha Reddy, J.1. The petitioner challenges the order, dated 20.9.2005, passed by the Industrial Tribunal-cum-Labour Court, Anantapur, in I.A.No. 154 of 2005 in I.D. No. 135 of 2003.2. The 2nd respondent was initially appointed as a general Workman in the year 1979. He is said to have been promoted and designated as Chargehand in the year 1990, and Senior Chargehand with effect from June 1995. The petitioner terminated the services of the 2nd respondent through order, dated 10.3.2003. Thereupon, the 2nd respondent approached the Labour Court under Section 2-A(2) of the Industrial Disputes Act, 1947 (for short 'the Act').3. The petitioner filed I.A. No. 154 of 2005 before the Labour Court, with a request to frame an issue, as to the maintainability of the I.D. It was pleaded that the 2nd respondent was discharging the Supervisory functions, and having regard to the nature of duties and amount of salary, which he was drawing at the relevant point of time, he cannot be treated...
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