Andhra Pradesh Court February 2005 Judgments
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B. Narsing Rao Vs. A.P. Khadi and Village Industries Board and anr.
Court: Andhra Pradesh
Decided on: Feb-10-2005
Reported in: 2005(2)ALD302; 2005(2)ALT746
P.S. Narayana, J.1. Heard the Counsel on record at length at the stage of admission of this writ appeal.2. This writ appeal is preferred by the unsuccessful writ petitioner Sri B.Narsing Rao, aggrieved by the order dated 17-9-2004 made in W.P. No. 5151/97.3. Sri V.L.N.G.K. Murthy, the learned Counsel representing the appellant/writ petitioner had taken this Court through the respective pleadings of the parties and also the order which had been challenged in the present writ appeal and had pointed out that the 1st respondent resolved on 2-11-1994 and 2-3-1995 to request the Government to permit A.P. Khadi and Village Industries Board, hereinafter in short referred to as 'Board' for the purpose of convenience, to pay regular scales to the in-charge Functional Managers and the Government did not respond. The Counsel would maintain that in view of the fact that the Government had been shown as the 2nd respondent, separate counter-affidavit should have been filed in view of the divergent st...
inspector General of Police, Police Transport Organisation Vs. V. Venk ...
Court: Andhra Pradesh
Decided on: Feb-10-2005
Reported in: 2005(2)ALD506
P.S. Narayana, J. 1. The Inspector General of Police, Police Transport Organisation, Petlaburz, Hyderabad, filed the present writ petition praying for issuance of a writ of certiorari calling for records connected with the order dated 22-3-2004 in O.A. No. 5914/2000 on the file of A.P. Administrative Tribunal, Hyderabad, hereinafter in short referred to as 'Tribunal', and to quash the same as illegal and erroneous and for pass such other suitable orders.2. This Court issued Rule Nisi and granted interim suspension in W.P.M.P. No. 26089/2004 on 16-11-2004. V. Venkateshwarlu, the respondent in the writ petition and the applicant in the O.A. aforesaid filed W.V.M.P. No. 3536/2004 to vacate the interim order and when the matter came up for hearing, both the Counsel addressed elaborate arguments and with the consent of the Counsel on record, the writ petition itself is being disposed of finally.3. The learned Government Pleader for Services-I had taken this Court through the impugned order ...
Xavier Emenual Vs. Ratan Raj Kumar and anr.
Court: Andhra Pradesh
Decided on: Feb-10-2005
Reported in: 2005(2)ALD619; 2005(2)ALT486
ORDERElipe Dharma Rao, J.1. This civil revision petition is filed under Section 22 of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960, aggrieved by the order dated 29-7-1998 passed in R.A. No. 46 of 1997 on the file of the Court of the Chief Judge, City Small Causes Court, Hyderabad, setting aside the order dated 30-4-1994 passed in RC No. 391 of 1987 on the file of the Court of the Principal Rent Controller, Secunderabad, and remanding the matter to the Court of Rent Controller for disposal afresh, within three months.2. Originally, the RC.No. 391 of 1987 was filed by the landlords/petitioners herein under Section 10(2)(i), 10 (2)(iii) and Section 10(3) of the Act 1960, seeking to evict the tenants/respondents herein from the schedule premises bearing No. 225/B (10-2-422), Plot No. 225/A, West Maredpally, Secunderabad.3. The contention of the landlord before the Court of the Rent Controller is that he is the owner of the schedule premises. The respondents are the tenan...
K. Ahmed Alli Sab (Died) Per Lrs. and ors. Vs. Desai Abdul Gani Desai
Court: Andhra Pradesh
Decided on: Feb-10-2005
Reported in: AIR2005AP374; 2005(3)ALD31; 2005(2)ALT676
ORDERV. Eswaraiah, J.1. The appellants are the defendants in a suit filed by the sole respondent/plaintiff in O. S. No. 106 of 1982 on the file of the Subordinate Judge, Adoni for specific performance of the agreement of sale, dated 26-6-1978 marked as Ex. A-1 said to have been executed by the deceased-first appellant in favour of the sole plaintiff for the sale of the land of four acres out of Ac. 44-65 cents in Sy. No. 40-C.2. The first appellant died during the pendency of second appeal and his legal representatives were brought on record as appellants 10 to 13. The appellants 2 and 3 are the brothers of the first appellant and the appellants 4 to 9 are the purchasers of the suit schedule land.3. For the sake of convenience, the parties will be referred to as arrayed in the Original Suit.4. The O. S. No. 106 of 1982 filed by the plaintiff/respondent was dismissed by the judgment and decree, dated 10-4-1987. Aggrieved by the same, the plaintiff filed A. S. No. 28 of 1987 which was al...
Pendyala Venkata Krishna Rao Vs. Pothula Rama Rao and ors.
Court: Andhra Pradesh
Decided on: Feb-10-2005
Reported in: 2005(3)ALD47
ORDERV. Eshwaraiah, J.1. The Election Petition No. 2 of 2004 has been filed by the petitioner Pothula Rama Rao, who is an elector in Kovvur Legislative Assembly Constituency. He is the sympathizer and supporter of Indian National Congress, a registered and recognized political party. The first respondent Pendya Venkata Krishna Rao is the elected candidate from No. 72 Kovvur Assembly Constituency of Andhra Pradesh State Legislative Assembly, set up by the Telugu Desam Party (in short TDP). The second respondent is the Returning Officer of the said Constituency. The third respondent is the District Election Officer. The parties herein are referred to as they are arrayed in the Election Petition.2. The first respondent filed Application No. 1064 of 2004 under Order VI Rule 17 of Civil Procedure Code to strike off all the proceedings of Paras 8 to 11 in the Election Petition. Application No. 1065 of 2004 is filed under Order VII, Rule 11(1)(a) of Civil Procedure Code, read with Section 83 ...
National Insurance Company Ltd., Rep. by Its Divisional Manager Vs. K. ...
Court: Andhra Pradesh
Decided on: Feb-10-2005
Reported in: 2005(3)ALD643; 2005(3)ALT589
D.S.R. Varma, J.1. Heard both sides.2. This is an appeal arising under the Workmen's Compensation Act, 1923 (for brevity 'the W.C.Act')3. This Civil Miscellaneous Appeal is directed against the Award, dt. 28-9-2004, passed by the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour-I at Hyderabad (for brevity 'the tribunal'), partly allowing the application in W.C.No. 102 of 2003 and granting a sum of Rs. 3,79,141/- towards compensation to the applicants for the death of the deceased by name one Sri K. Shekar, who died on 14-7-2003 due to the injury sustained by him in the accident occurred on 13-7-2003.4. The appellant is the Insurance Company, the respondents 1 to 4 are the applicants and the respondent No. 5 is the present owner of the vehicle.5. For the sake of convenience, the appellant, the respondents 1 to 4 and the respondent No. 5 will be referred to as 'the Insurance Company', 'the applicants' and 'the transferee owner', respectively.6. The brief facts...
Afcons Infrastructure Ltd. Vs. Union of India (Uoi)
Court: Andhra Pradesh
Decided on: Feb-10-2005
Reported in: 2006(193)ELT278(AP); 2007[7]STR615
ORDERM.H.S. Ansari, J.1. The short question arising for consideration in the instant writ petition is as to whether the petitioner is entitled to a direction as prayed for upon the respondents to pay interest from the date of pre-deposit made by the petitioner till 11-12-2003 consequent to the order passed by the Customs, Excise and Gold (Control) Appellate Tribunal (for short 'CESTAT').2. The said relief is founded on the averments inter alia as under.Learned Collector of Central Excise passed an order dated 2-6-1989 holding that the structural fabricated by the petitioner which went to the erection at Visakhapatnam are exigible and thereby confirmed the demand of excise duty. In the appeal filed by the petitioner before the learned CESTAT, aggrieved by the said adjudication order, Stay Order No. 65/1990-BT, dated 18-1-1990 (T) was passed directing the pre-deposit of Rs. 28,00,000/- under proviso to Section 35F of the Central Excise Act (for short 'the Act') staying the balance demand...
National Insurance Co. Ltd. Vs. K. Yadamma and ors.
Court: Andhra Pradesh
Decided on: Feb-10-2005
Reported in: III(2005)ACC760; 2007ACJ1343
D.S.R. Varma, J.1. Heard both sides.2. This is an appeal arising under the Workmen's Compensation Act, 1923 (for brevity 'the W.C. Act').3. This civil miscellaneous appeal is directed against the award dated 28.9.2004, passed by the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour-I at Hyderabad (for brevity 'the Tribunal'), partly allowing the application in W.C. No. 102 of 2003 and granting a sum of Rs. 3,79,141 towards compensation to the applicants for the death of the deceased by name one K. Shekar, who died on 14.7.2003 due to the injury sustained by him in the accident occurred on 13.7.2003.4. The appellant is the insurance company, the respondent Nos. 1 to 4 are the applicants and the respondent No. 5 is the present owner of the vehicle.5. For the sake of convenience, the appellant, the respondent Nos. 1 to 4 and the respondent No. 5 will be referred to as 'the insurance company' 'the applicants' and 'the transferee owner', respectively.6. The brief ...
Savitri Devi Goel Vs. the Agrasen Co-operative Urban Bank Ltd. and ors ...
Court: Andhra Pradesh
Decided on: Feb-09-2005
Reported in: 2005(2)ALT232
ORDERDevinder Gupta, C.J.1. During the pendency of an appeal under Section 76 of the A.P. Co-operative Societies Act before the A.P. Co-operative Tribunal at Hyderabad, an application was moved by the appellants therein to stay all further proceedings pursuant to the certificate dated 9-7-2004 in Case No. 22/03/ CUB-GD. The Co-operative Tribunal on 14-10-2004 passed an order staying the execution of the award against sureties and their properties for reasons recorded in the said order. The execution proceedings in the award were also stayed against respondents 2 to 5 personally or against their properties but the respondent-bank was reserved liberty to proceed against the properties of the proprietary concern of Ramachander Goel and if any other property let by the deceased-Ramachander Goel. Feeling aggrieved, the Bank preferred W.P. No. 19548 of 2004 questioning the said order. Learned single Judge, by the order impugned, allowed the writ petition and modified the order passed in I.A....
Andhra Pradesh Mineral Development Corporation Vs. Rlp Granite Private ...
Court: Andhra Pradesh
Decided on: Feb-08-2005
Reported in: AIR2005AP298; 2005(2)ALD289; 2005(1)ALT761
B. Sudershan Reddy, J.1. This batch of Writ Appeals are required to be disposed of by a common judgment since they arise out of the common order made in WP. Nos. 20083, 20084, 20085, 20086 and 20087 of 2003, dated 12-3-2004, by a learned single Judge of this Court. Learned single Judge allowed the writ petitions filed by the respondents/writ petitioners and accordingly set aside the impugned orders passed by the Director of Mines and Geology in Proceedings Nos. 15721/R3(2)/ 2003,15718/R3(2)/2003, 15720/R3(2)/2003, 15722/R3(2)/2003,15719/R3(2)/2003, dated 16-6-2003, as confirmed by the State Government in Memo Nos. 11312/M.II (1)/ 2003-5,11311/MII(1)/2003-5,11309MII(1)/ 2003-5,11310/M.II(1)/2003-5,11308/M.II(1)/ 2003-5, dated 15-9-2003, respectively.2. The only question that falls for our consideration is whether the proceedings of the Director of Mines and Geology, Hyderabad, dated 16-6-2003, cancelling the quarry lease granted in favour of the writ petitioners and its confirmation by ...
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