Andhra Pradesh Court August 2005 Judgments
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M. Adinarayana and ors. Vs. General Manager, State Bank of India and o ...
Court: Andhra Pradesh
Decided on: Aug-22-2005
Reported in: 2006(1)ALD248; 2006(1)ALT561
Bilal Nazki, A.C.J.1. This writ petition is filed by four persons, who claim to be the depositors of State Bank of India, M. Seetharamapuram Branch. They are aggrieved of the action of the respondents in shifting the branch of the Bank from M. Seetharamapuram, Vangara Mandal, Srikakulam District to Vangara Village, Srikakaulam District. The distance between the existing branch and the proposed branch is 3 1/2 kilometers. The case of the petitioners is that it is difficult for them to take heavy cash for a distance of 3 1/2 kilometers and the branch had about 1500 to 2000 customers.2. Learned Counsel appearing for the Bank submits that in the interest of the Bank, two branches were merged and therefore, for administrative reasons, the branch had to be shifted.3. We do not find any ground to interfere with the matter, as the Bank itself knows the best where to locate a branch and where not to locate a branch. In these circumstances, the writ petition is liable to be dismissed and is acco...
M. Rama Swamy Vs. M. Sekhara Gupta
Court: Andhra Pradesh
Decided on: Aug-20-2005
Reported in: 2005(5)ALT500
ORDERL. Narasimha Reddy, J.1. The petitioner is the plaintiff in O.S.No. 12 of 2003 on the file of the learned Senior Civil Judge, Kurnool. He assails the docket order, dated 9-6-2003, passed by the trial Court, permitting the respondent herein to file written statement, after the expiry of the time stipulated under Rule 1 of Order VIII C.P.C.2. The petitioner filed the suit for the relief of declaration of title and recovery of possession of the suit schedule property. The respondent herein is the 2nd defendant. He was served with the summons on 8-2-2003. He did not file the written statement till June, 2003. On 9-6-2003, I.A.No. 188 of 2003 was filed under Section 151 C.P.C. with a prayer to receive the written statement. The affidavit in support of the I. A. was filed by the Advocate's Clerk of the respondent. The trial Court allowed the same.3. Smt. Shanthi Neelam, learned Counsel for the petitioner submits that the respondent was under obligation to file the written statement in t...
Vemuganti Venkata Kalyani Vs. Nyayapathi Padmavathamma and ors.
Court: Andhra Pradesh
Decided on: Aug-20-2005
Reported in: 2005(6)ALD204
L. Narasimha Reddy, J.1. The plaintiff in O.S. No. 348 of 1998, on the file of the learned Additional Senior Civil Judge, Guntur, is the appellant. For the sake of convenience, the parties are referred to, as arrayed in the suit.2. Plaintiff, defendant No. 2 (since dead, represented by her legal representatives) and defendant No. 3 are the daughters of the first defendant. Their father, Nyapathi Srinivasa Rao, died in 1949, leaving behind him, his wife and daughters. He did not have any male issues. The plaintiff filed the suit, for partition and separate possession of the suit schedule house. She pleaded that her father left certain items of immovable property, and the first defendant constructed a house in a plot of land at Guntur, by using the sale proceeds or income from the other properties. It was her case that the first defendant promised that she would divide the suit schedule property, into four equal parts and give one share each to herself and her two sisters, but refused to...
Gammon India Ltd. Vs. the Special Chief Secretary, Government of Andhr ...
Court: Andhra Pradesh
Decided on: Aug-20-2005
Reported in: [2005]142STC370(AP)
Ramesh Ranganathan, J.1. The order of the third respondent, in PR No. 2/2005-06 dated May 18, 2005, imposing penalty of Rs. 49,59,358 on the petitioner for having effected purchase of cement valued at Rs. 61,99,198 from M/s. India Cements Ltd., against Form-G, though cement was made ineligible for purchase at concessional rate of tax under Section 5-B of the Andhra Pradesh General Sales Tax Act, 1957 (APGST Act) and in terms of G.O. Ms. No. 496, dated July 17, 2001, (See [2001] 123 STC Statutes 102.) is challenged in these writ petitions, as illegal and without jurisdiction consequent upon the repeal of the APGST Act on April 1, 2005 by Section 80 of the Andhra Pradesh Value Added Tax Act, 2005 (VAT Act).2. The facts, to the extent necessary, for the purpose of this writ petition, are that the petitioner, a limited company undertaking works contracts in different parts of Andhra Pradesh, was initially an assessee on the file of the second respondent and from the assessment year 2001-02...
K. Linga Reddy Vs. Government of India Rep. by Its Secretary to the Go ...
Court: Andhra Pradesh
Decided on: Aug-20-2005
Reported in: 2005(6)ALT129
ORDERS. Ananda Reddy, J.1. This writ petition is filed by the petitioner praying for issue of Writ of Certiorari calling for the records relating to the order issued by the third respondent in Ref.No.CITD/EG-56/ 83/4633, dated 9-3-2005 as confirmed in the orders in Memo No. 21/03/CITD/2004/TR-1, dated 28-4-2005 issued by the second respondent and quash the same holding as illegal, arbitrary, unjust and discriminatory and further declare that the petitioner's voluntary retirement application is deemed to have been accepted with effect from 30-6-2004 and direct the respondents to release all the Voluntary Retirement Scheme (VRS) benefits to the petitioner immediately.2. According to the petitioner, the Central Institute of Tool Design (CITD), Hyderabad in which the petitioner was working as Deputy Director, introduced the VRS on 1-1-2004 as approved by the Governing Council of the Institute. As perthe said scheme, the eligibility of the employee for opting the said scheme is that the emp...
Provident Fund Commissioner Vs. Kodali and Sons Transport and ors.
Court: Andhra Pradesh
Decided on: Aug-20-2005
Reported in: 2005(2)ALD(Cri)545; [2006(109)FLR380]; (2006)ILLJ558AP
ORDERG. Yethirajulu, J.1. These revisions are filed by the Provident Fund Inspector, Vijayawada, who filed the cases against the respondents 1 and 2 in the Court of the Additional Judicial Magistrate of First Class, Gudiwada, Krishna District, for the offences punishable under Section 6(c) read with Paras. 29, 30 and 38 of Employees' Provident Funds and Miscellaneous Provisions Act, 1952, (for short, 'the Act') punishable under Section 14(1-A) read with Section 14A of the Act for failure of the respondents 1 and 2 in paying the provident fund contribution and administrative charges for various periods from 1993.2. The learned Magistrate took cognizance of the offences and after receipt of summons, the respondents 1 and 2 made their appearance. They were examined under Section 251, Cr.P.C. through the Special Vakalath holder and they pleaded not guilty of the offences and claimed for trial.3. The petitioner in order to prove the guilt of the respondents 1 and 2 examined P.W. 1 and marke...
Peri Bhaskararao and ors. Vs. Sathi Adilakshmi
Court: Andhra Pradesh
Decided on: Aug-20-2005
Reported in: AIR2006AP212
P.S. Narayana, J.1. This Appeal is preferred by the unsuccessful defendants in O. S. No. 28/87 on the file of II Additional Subordinate Judge. Kaklnada. The respondent herein, the plaintiff in the suit filed the suit for specific performance of the agreement of sale dated 4-2-1984 or in the alternative for partition of the schedule property and for allotment of the respective shares or in the alternative relief of refund of an amount of Rs. 2500/- and for costs. The learned Judge on the strength of the respective pleadings of the parties having settled the issues, recorded the evidence of PW--1 and PW-2, DW-1 to DW-3, marked Exs. A-1 to A-7 and Exs. B-1 to B-9 and recorded findings that the condition relating to the approval of plan or the approval of layout had not been complied with by the appellants/ defendants and hence there was some delay and the respondent/plaintiff was ready and willing to perform her part of the contract and further findings had been recorded relating to the c...
P. Saiddappa Vs. Chairman, Rayalaseema Grameena Bank and anr.
Court: Andhra Pradesh
Decided on: Aug-19-2005
Reported in: 2005(5)ALD750
ORDERK.C. Bhanu, J.1. Challenging the action of the respondents in placing the petitioner at Serial No. 242 in the final seniority list in Cir.No. 197/STF/59/2000, dated 15-11-2000 as illegal and arbitrary and consequently to direct the respondents to place the petitioner at Serial No. 183 in the final seniority list as per his date of joining in the post, which is the criteria, the present writ petition is filed.2. The brief facts that are necessary for the disposal of the present writ petition may be stated as follows:The petitioner joined in the respondent-bank as a Clerk-cum-cashier on 1-5-1984. His probation has been declared and his services were regularized with effect from 1-5-1985. While so, the second respondent issued Circular No. 117/STF/25/90, dated 24-9-1990, wherein a seniority list in the cadre of Junior Clerk-cum-cashiers as on 25-6-1990 was prepared and communicated to all the individuals. In that seniority list, the name of the petitioner was shown at Serial No. 69 w...
S.P.S. Venkataraman Vs. Cotton Corporation of India Ltd. and ors.
Court: Andhra Pradesh
Decided on: Aug-19-2005
Reported in: 2005(5)ALD590; 2005(5)ALT483
Ramesh Ranganathan, J. 1. The order passed by the Chairman and Managing Director, Cotton Corporation of India, vide proceedings dated 25-7-1994, confirming the order passed by the Director (Purchase & Sales), vide proceedings dated 26-5-1994, imposing punishment of removal from service on the petitioner, is impugned in this writ petition.2. The facts, to the extent necessary for the purpose of this writ petition, are that the petitioner joined as Junior Cotton Purchaser in the Cotton Corporation of India on 3-12-1979. After working for eight years in its Bangalore Branch, the petitioner was transferred and posted at Adilabad Branch, where he worked as Junior Cotton Purchaser till he was placed under suspension on 18-7-1991. The petitioner was on leave from 21-5-1991 and during his leave period, on the intervening night of 7/8th June 1991, a fire accident occurred at the Central Warehousing Corporation godown, Adilabad as a result of which 2351 fully pressed bales of cotton were complet...
D. Krishna Kumari Vs. Shriram Chits Pvt. Ltd., Rep. by Its Regional Ma ...
Court: Andhra Pradesh
Decided on: Aug-19-2005
Reported in: 2005(6)ALD196; 2005(5)ALT682
ORDERD.S.R. Varma, J.1. Civil Revision Petition No. 1022 of 2005 is directed against the order passed in I.A.No. 771 of 2005 in O.S.No. 26 of 2004 on the file of the II Additional District Judge, Vijayawada, whereas Civil Revision Petition No. 1018 of 2005 is directed against the order passed in I.A.No. 772 of 2005.2. Despite notice, none appears for the respondents.3. For the sake of convenience parties to the Civil Revision Petitions are referred to as they were arrayed before the Court below.4. Since both the Civil Revision Petitions arise out of the same suit, though orders were passed in two different Interlocutory Applications, these two Revision Petitions are disposed of by this common Order.5. The sole grievance of the petitioners who are defendants in the suit is that two applications have been filed viz., I.A.Nos. 771 and 772 of 2005. Whereas I.A.No. 771 of 2005 is filed under Order 18 Rule 17 and under Section 151 of the Code of Civil Procedure to recall P.W.1 for purpose of...
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