Andhra Pradesh Court January 2006 Judgments
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Y.S. Vidya Sagar Vs. Deputy General Manager, Disciplinary Authority, S ...
Court: Andhra Pradesh
Decided on: Jan-04-2006
Reported in: 2006(3)ALD256
ORDERL. Narasimha Reddy, J. 1. The petitioner is an officer of Middle Management-II, of State Bank of India. A memorandum of allegations, dated 31.12.2004, was served upon him by the respondent, alleging that he has resorted to various acts of misconduct. As many as 9 charges were framed, and the facts relating to each charge were detailed in an annexure. Before this, the respondent lodged a complaint on 17.2.2003, with Kothavalasa Police Station. Corresponding proceedings are pending before the Court of Judicial First Class Magistrate, Kothavalasa, as Crime No. 9 of 2003. The police filed charge-sheet on 30.8.2005. The petitioner contends that several items of charge are common in the criminal proceedings, as well as the disciplinary proceedings, and instead of awaiting conclusion of the criminal proceedings, the respondent is proceeding with the departmental enquiry.2. Sri K. V. Satyanarayana, learned Counsel for the petitioner, submits that the petitioner cannot be compelled to reve...
S. Pakeer Saheb Vs. Nagarjuna Grameena Bank and anr.
Court: Andhra Pradesh
Decided on: Jan-03-2006
Reported in: 2006(1)ALD700; [2006(109)FLR65]
ORDERL. Narasimha Reddy, J.1. The petitioner is employed as Clerk-cum-Cashier in the Nagarjuna Grameena Bank, Khammam. He was placed under suspension, by the second respondent, vide proceedings dated 23.2.1993, on the allegation of misappropriation of the funds belonging to the bank. Prosecution was launched against him, under Sections 409, 417 and 201 of I.P.C., in C.C.No. 133 of 1994, on the file of the Judicial Magistrate of First Class, Deverakonda, Nalgonda District. Simultaneously, departmental proceedings were initiated against him, by issuing a charge-sheet, dated 4.5.1998. In view of the pendency of the proceedings before the Criminal Court, the disciplinary enquiry was not proceeded with.2. Through its judgment, dated 11.10.1999, the trial Court found the petitioner guilty of the charges framed against him, and sentenced him to undergo simple imprisonment for a period of one year, and to pay a fine of Rs. 500/-. The petitioner filed Criminal Appeal No. 58 of 2003, in the Cour...
A.P. State Financial Corporation, Rep. by Its Senior Branch Manager Vs ...
Court: Andhra Pradesh
Decided on: Jan-03-2006
Reported in: 2006(3)ALD27; 2006(2)ALT13
ORDERC.V. Ramulu, J.1. The short question that falls for consideration in this revision is whether the suit is maintainable by a Scheduled Tribe against the Andhra Pradesh State Financial Corporation represented by its Senior Branch Manager, Khammam, before the Court of Agent to the Government at Khammam.2. Few facts, which are necessary for deciding the said issue, may be noted as under:It appears that the 1st respondent herein filed a suit O.S. No. 56 of 2003 before the learned Agent to Government at Khammam under Rule 42 the A.P. Agency Rules, 1924 read with Section 26 and Order VII Rule 1 of the Civil procedure Code for declaration that he is the owner of the suit property and premises, for recovery of possession and for damages against the petitioner herein. While so, the petitioner defendant filed I.A.. No. 9 of 2004 in the said suit under Rule 15 (g) of A.P. Agency Rules read with Order XIV Rule 2(2) and Section 151 of CPC praying the Agency Court to decide the maintainability o...
G. Rajendranath Goud Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Jan-03-2006
Reported in: 2006(1)ALD705; 2006(2)ALT115
ORDERV.V.S. Rao, J.1. The petitioner is son of one Jagannath Goud. The respondents 3, 4 and 5 are his brothers. All of them are grandsons of one Jangaiah. He was a great devotee of Lord Venkateswara. He constructed a temple sometime before 1960 for Lord Venkateswara, which is known as Chikkadapalli Venkateswara Swamy Temple. The temple became very famous since 1960 onwards. It is indeed one of the few temples visited by tens of thousands of people of Hyderabad. No wonder the income of the temple statedly rose to more than Rs. 1.00 crore per annum. The temple was registered under A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1966 (hereafter called, 1966 Act) and Government appointed an Executive Officer.2. Jangaiah alone was acting as hereditary trustee and managing the affairs of temple. Even during his time and after his death, his son Jagannath Goud (the father of the petitioner and respondents 3 to 5) took control of the temple. After demise of the father, it ...
Lingu Savithri Vs. P. Sahadev
Court: Andhra Pradesh
Decided on: Jan-03-2006
Reported in: AIR2006AP182; 2006(2)ALT1
ORDERL. Narasimha Reddy, J.1. The Petitioner filed O.S.No.20 of 2000 in the Court of the learned Senior Civil judge, at Bodhan, against the respondent, for the relief of partition and separate possession of the suit schedule properties. She pleaded that she is the daughter of the respondent. In his written-statement, the respondent disputed the very relationship, apart from denying the other allegations, made by the petitioner. The trial Court framed an independent issue, touching upon the relationship. The petitioner filed I.A.No.233 of 2005 for reframing of the said issue. The application was resisted by the respondent. Through order dt.5-10-2005, the learned Senior Civil Judge dismissed the application. Hence, this revision2. Sri Balraj Bodhankar, learned Counsel for the petitioner submits that the issue, which was framed by the trial Court, is in such a form, that it would require the petitioner herein to prove the negative. He contends that since the denial, which gave rise to the...
Vani Gottimukkala Vs. Government of A.P. and anr.
Court: Andhra Pradesh
Decided on: Jan-03-2006
Reported in: 2006(2)ALD137
ORDERC.Y. Somayajulu, J.1. Petitioner purchased plot No. 8 in Aswini Layout situated in T.S.No.1/ Part, Block-F, near Padmalaya Studios, Jubilee Hills, Hyderabad for Rs. 15,98,4007-in a public auction conducted by the 1st respondent. As per the terms and conditions of the auction, the highest bidder has to deposit development charges payable to the Hyderabad Urban Development Authority (HUDA) also. As per the communication received by him petitioner paid Rs. 1,89,000/-towards development charges. He was directed to deposit the amount required for purchase of non judicial stamp for engrossing the sale deed in respect of the plot purchased by him in his favour by including the amount of Rs.1,89,000/- paid towards development charges also, petitioner filed this petition.2. At the time of admission an interim direction for registration of the document was granted on condition of the petitioner undertaking to make good the deficit stamp duty in the event of the petitioner not succeeding the...
Union of India (Uoi) and ors. Vs. Radhika Metals and Minerals
Court: Andhra Pradesh
Decided on: Jan-03-2006
Reported in: 2006(2)ALD735
C.V. Ramulu, J.1. This second appeal is directed against the judgment and decree in AS No. 82 of 1991 dated 4-11-1994 passed by the learned Additional District Judge, Vizianagaram, wherein the judgment and decree passed in OS No. 81 of 1989 dated 24-11-1991 by the learned District Munsif, Chepurupalli in dismissing the suit, was reversed.2. The appellants are the defendants and respondent is the plaintiff.3. The plaintiff laid suit in OS No. 81 of 1989 seeking perpetual injunction restraining the defendants from interfering with the possession of the plaintiff in respect of plots 10 to 14 of Garvidi Railway Siding in any manner whatsoever except in due course of law.4. It is the case of the plaintiff that it is a registered firm dealing in manganese ore. The ore is brought to its allotted leased plots 10 to 14 to transport the same to Visakhapatnam Port in bulk by wagons. The Railway authorities have been allotting these plots to transporters of Ore at Gujjangivalasa, Garividi, Cheepur...
Kamepalli Sitaramaiah and ors. Vs. Nalluri Krishna Mohan Rao
Court: Andhra Pradesh
Decided on: Jan-03-2006
Reported in: 2006(3)ALD411
V.V.S. Rao, J.1. The appellants are the defendants. The suit filed by the respondent for declaration of title, permanent injunction and mandatory injunction was dismissed by the trial Court. However, on appeal, the appellate Court reversed the judgment and decree of the trial Court and decreed the suit, aggrieved by which, the present second appeal is filed by the unsuccessful defendants. In this judgment, the parties are referred to by their status in the original suit.2. In the suit being O.S. No. 103 of 2000 on the file of Court of learned Principal Junior Civil Judge, Ongole, the plaintiff alleged that the properties shown in 'A' series in the plaint plan belong to plaintiff; whereas the properties in 'B' series belong to defendants, that there is a small lane on the west of the house and a common passage on the east of the house in 'A' series, that at the time of construction, the father of the plaintiff left 1 1/2 feet width of site to the south of the wall for eves water and for...
Hyderabad Chemical Supplies Limited Vs. United Phosphorus Limited and ...
Court: Andhra Pradesh
Decided on: Jan-03-2006
Reported in: 2006(6)ALT515
ORDERP.S. Narayana, J.1. Heard Sri Y.J. Trivedi, the learned Counsel representing the petitioner and Sri Rajeev Naiar, Counsel representing the respondent.2. Sri Y.J. Trivedi, the learned Counsel representing the petitioner made the following submissions. The learned Counsel would maintain that the Original Petition is filed by Hyderabad Chemical Supplies Limited, Hyderabad, Andhra Pradesh, praying for revocation of the patent. The learned Counsel also would maintain that Section 107 of the Patents Act, 1970, hereinafter in short referred to as 'Act' for the purpose of convenience, deals with suits for infringement of patents. The Counsel also would maintain that the restraint order which is passed in relation to the breach of earmark in C.S. No. 25-A/2004 by the District Court, Indore is totally for a different purpose and the scope and the ambit of the said suit also being different, the said order would not come in the way of granting suspension as prayed for in the present applicat...
Chairman and Managing Director, National Textile Corporation (Apkk and ...
Court: Andhra Pradesh
Decided on: Jan-03-2006
Reported in: 2006(3)ALD49; 2006(2)ALT573; [2006(110)FLR309]; (2006)IIILLJ303AP
ORDERL. Narasimha Reddy, J.1. This batch of writ petitions is filed against a common order dated 5-9-2005, passed by the Industrial Tribunal-cum-Labour Court, Warangal. Through the order under challenge, the Labour Court disposed of 21 applications filed under Section 33-C(2) of the Industrial Disputes Act (for short 'the Act'). In each of such applications, 32 individuals, claiming to be the former employees of the Ajam Jahi Mills Limited, Warangal, the second petitioner herein, (hereinafter referred to as the Mill), claimed the relief, in relation to payment of amounts, under Voluntary Retirement Schemes (VRS), introduced and enforced in the year 1992.2. The second petitioner is a Textile Mill, which has been taken over, long back, by the National Textile Corporation, the first petitioner herein. In the 1992, the petitioners introduced one scheme for voluntary retirement of permanent workmen, and another for Badili/Temporary/Casual employees. The schemes provided for payment of ex-gr...
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